State of Illinois
92nd General Assembly
Legislation

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92_HB5830

 
                                               LRB9215718LDtm

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Criminal  Procedure  of  1963  is
 5    amended by changing Section 103-5 as follows:

 6        (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
 7        Sec. 103-5.  Speedy trial.)
 8        (a)  Every person in custody in this State for an alleged
 9    offense  shall  be  tried  by  the  court having jurisdiction
10    within 110 120 days from the date he was taken  into  custody
11    unless   delay   is   occasioned  by  the  defendant,  by  an
12    examination for fitness ordered pursuant to Section 104-13 of
13    this Act,  by  a  fitness  hearing,  by  an  adjudication  of
14    unfitness  to  stand trial, by a continuance allowed pursuant
15    to Section 114-4 of this Act after a court's determination of
16    the defendant's physical  incapacity  for  trial,  or  by  an
17    interlocutory appeal.  Delay shall be considered to be agreed
18    to  by the defendant unless he or she objects to the delay by
19    making a written demand for trial or an oral demand for trial
20    on the record.
21        The 110-day 120-day term must be one continuous period of
22    incarceration.   In  computing  the  110-day  120-day   term,
23    separate  periods of incarceration may not be combined.  If a
24    defendant is taken into custody a second (or subsequent) time
25    for the same offense, the term will begin again at day zero.
26        (b)  Every person on bail or recognizance shall be  tried
27    by the court having jurisdiction within 150 160 days from the
28    date  defendant  demands  trial unless delay is occasioned by
29    the defendant, by an examination for fitness ordered pursuant
30    to Section 104-13 of this Act, by a fitness  hearing,  by  an
31    adjudication  of  unfitness  to stand trial, by a continuance
 
                            -2-                LRB9215718LDtm
 1    allowed pursuant to Section 114-4 of this Act after a court's
 2    determination of  the  defendant's  physical  incapacity  for
 3    trial,  or  by  an  interlocutory  appeal.   The  defendant's
 4    failure  to  appear  for  any  court  date  set  by the court
 5    operates to waive the defendant's demand for trial made under
 6    this subsection.
 7        For purposes of computing  the  150-day  160  day  period
 8    under  this  subsection  (b), every person who was in custody
 9    for an alleged offense and demanded trial and is subsequently
10    released on bail or recognizance and demands trial, shall  be
11    given  credit  for time spent in custody following the making
12    of the demand while in custody. Any  demand  for  trial  made
13    under  this  subsection  (b)  shall be in writing; and in the
14    case of a defendant not in  custody,  the  demand  for  trial
15    shall  include  the  date of any prior demand made under this
16    provision while the defendant was in custody. Any demand  for
17    trial  not  reduced  to writing is insufficient to invoke the
18    remedies provided by subsection (i) of this Section.
19        (c)  If the court determines that the State has exercised
20    without success due diligence to obtain evidence material  to
21    the  case  and  that  there are reasonable grounds to believe
22    that such evidence may be obtained at a later day  the  court
23    may  continue  the  cause on application of the State for not
24    more than an additional 60 days. If the court determines that
25    the State has exercised  without  success  due  diligence  to
26    obtain  results  of  DNA testing that is material to the case
27    and that there are reasonable grounds to  believe  that  such
28    results  may  be  obtained  at  a  later  day,  the court may
29    continue the cause on application of the State for  not  more
30    than an additional 110 120 days.
31        (d)  (Blank).  Every  person not tried in accordance with
32    subsections (a),  (b)  and  (c)  of  this  Section  shall  be
33    discharged  from  custody or released from the obligations of
34    his bail or recognizance.
 
                            -3-                LRB9215718LDtm
 1        (e)  If a defendant person is simultaneously  in  custody
 2    upon  more  than one charge pending against him or her in the
 3    same county, or simultaneously demands trial upon  more  than
 4    one  charge pending against him or her in the same county, he
 5    or she shall be tried, or adjudged  guilty  after  waiver  of
 6    trial,  upon  at  least  one  such  charge  before expiration
 7    relative to  any  of  such  pending  charges  of  the  period
 8    prescribed  by  subsections  (a) and (b) of this Section. The
 9    State has 110 days on each of the charges  remaining  against
10    the   defendant  to  try  the  charges.   The  date  for  the
11    commencement of each 110-day period is Such person  shall  be
12    tried  upon  all of the remaining charges thus pending within
13    160 days from the date on  which  judgment  relative  to  the
14    previous first charge thus prosecuted is rendered pursuant to
15    the  Unified  Code of Corrections or, if such trial upon such
16    previous first charge  is  terminated  without  judgment  and
17    there  is  no  subsequent  trial of, or adjudication of guilt
18    after waiver of trial of, such previous first charge within a
19    reasonable time, the date for the commencement of the 110-day
20    period is the date on which the previous trial is terminated.
21    Delay person shall be tried upon all of the remaining charges
22    thus pending within 160 days from  the  date  on  which  such
23    trial  is  terminated;  if  either  such  period  of 160 days
24    expires without the commencement of trial of, or adjudication
25    of guilt after waiver of trial  of,  any  of  such  remaining
26    charges  thus  pending,  such  charge  or  charges  shall  be
27    dismissed  and barred for want of prosecution unless delay is
28    occasioned by the defendant, by an  examination  for  fitness
29    ordered  pursuant to Section 104-13 of this Act, by a fitness
30    hearing, by an adjudication of  unfitness  for  trial,  by  a
31    continuance  allowed  pursuant  to  Section 114-4 of this Act
32    after a court's determination  of  the  defendant's  physical
33    incapacity  for  trial,  or  by  an  interlocutory  appeal is
34    excluded from computation of the 110-day periods.;  provided,
 
                            -4-                LRB9215718LDtm
 1    however,  that  If,  however,  the  court determines that the
 2    State has exercised without success due diligence  to  obtain
 3    evidence  material  to the case and that there are reasonable
 4    grounds to believe that such evidence may be  obtained  at  a
 5    later  day the court may continue the cause on application of
 6    the State for not more than an additional 60 days.
 7        (f)  Delay occasioned by the defendant shall  temporarily
 8    suspend  for  the time of the delay the period within which a
 9    person shall be tried as prescribed by subsections (a),  (b),
10    or  (e)  of  this Section and on the day of expiration of the
11    delay the said period shall continue at the point at which it
12    was suspended.  Where such delay occurs within 21 days of the
13    end of the period within which a person  shall  be  tried  as
14    prescribed  by  subsections (a), (b), or (e) of this Section,
15    the court may continue the cause on application of the  State
16    for  not  more  than  an additional 21 days beyond the period
17    prescribed by subsections (a), (b), or (e).  This  subsection
18    (f)  shall  become effective on, and apply to persons charged
19    with alleged offenses committed on or after, March 1, 1977.
20        (f-5)  When a case is  continued  or  interrupted  by  an
21    interlocutory  appeal,  the  period  of  time  under  which a
22    defendant must be tried under the provisions of this  Section
23    is  tolled  until  such  time  as  the  appellate court order
24    deciding the appeal is issued and the case is again placed on
25    the docket of the trial court.  When a  case  on  appeal  has
26    been  reversed and remanded for a new trial, the time for the
27    commencement of trial under the provisions  of  this  Section
28    begins  again,  commencing with the date on which the case is
29    again placed on the docket of the trial court.
30        (g)  Notwithstanding  any  other   provisions   of   this
31    Section,  except as otherwise limited in this subsection (g),
32    if, within 60 days of the end of the period  within  which  a
33    defendant must be tried under the provisions of this Section,
34    the  defendant  violates  any of the conditions of his or her
 
                            -5-                LRB9215718LDtm
 1    bond, engages in conduct in custody that violates the laws of
 2    this State, or while on bond fails to appear in court on  the
 3    date  and time appointed, any period of time within which the
 4    defendant must be tried under the provisions of this  Section
 5    is  extended  60  days.   If, however, a defendant in custody
 6    escapes from custody or a defendant admitted to bail fails to
 7    appear in court on the date appointed and fails to  surrender
 8    himself  or  herself within 30 days following the date of the
 9    issuing of a warrant for  the  defendant's  arrest  for  such
10    failure  to  appear  in court, the time period prescribed for
11    the start of trial  under  the  provisions  of  this  Section
12    begins  again  at  day  zero.   The  date on which either the
13    additional 60-day time period  or  the  entirely  new  speedy
14    trial  term  limit  begins  is  either: (i) the date that the
15    defendant  is  taken  into  custody  for  violation  of   the
16    conditions  of  his  or  her  bond,  escape  from custody, or
17    failure to appear in court on the date and time appointed, or
18    (ii) the date that the defendant, after having  provided  due
19    notice  to  the  State  or  after  the  State  has waived the
20    providing of the notice in open court, appears  in  court  on
21    the  date provided in the motion accompanying the notice, and
22    demands trial in writing.  Any further charges that are tried
23    separately must be tried within 110 days of the date that the
24    judgment was rendered on the charge.
25        The provisions of this subsection do  not  apply  if  the
26    defendant  proves that his or her failure to appear in court,
27    alleged violation of  the  condition  of  his  or  her  bond,
28    alleged  misconduct while in custody, or failure to appear in
29    court within 30 days after the issuing of a warrant  for  his
30    or  her  arrest  for  failure  to  appear in court was due to
31    events beyond his or her  control.   An  arrest  for  another
32    offense,  regardless  of the eventual outcome of the case, is
33    not an event beyond the defendant's control.
34        (h)  Whenever the State reasonably relies on a ruling  of
 
                            -6-                LRB9215718LDtm
 1    the  court  or  the  records of the clerk of the court that a
 2    certain period of time is delay occasioned or  agreed  to  by
 3    the  defendant, or a delay is experienced due to error by the
 4    clerk  of  the  court  in  properly  recording  a   date   or
 5    transmitting  an  order of any court to the State, the period
 6    of time encompassed by that delay is not  used  to  calculate
 7    any  period  of  time  within which a person must be tried or
 8    retried as required by this Section.
 9        (i)  Relief.
10             (1)  If a defendant in custody is not  tried  within
11        the  applicable  time period prescribed by the provisions
12        of this Section, that defendant  must  be  released  from
13        custody  and  placed  on  a recognizance bond, unless the
14        defendant is  also  in  custody  for  the  commission  of
15        another  unrelated  offense for which the applicable time
16        period prescribed by the provisions of this  Section  has
17        not  expired.  If a defendant on bond is not tried within
18        the applicable time period prescribed by  the  provisions
19        of this Section, that defendant must be released from all
20        the  conditions of his or her bond relating to the charge
21        for which he or she was not tried in the time  prescribed
22        except  for  the requirement of appearing in court on the
23        date set by the court.
24             (2)  In any case in which a defendant has  not  been
25        tried within the applicable time period prescribed by the
26        provisions  of  this  Section,  the judge before whom the
27        case is pending for trial, upon ruling that the defendant
28        has not been tried within  the  prescribed  time  period,
29        must  set  the  cause for trial no more than 10 days from
30        the date of the  court's  ruling,  unless  the  defendant
31        requests  and  is granted a continuance past that date of
32        the 10-day time limit. If the 10th day occurs on a  court
33        holiday,  the  10th day is considered to be the first day
34        following the court holiday or holidays that the court is
 
                            -7-                LRB9215718LDtm
 1        in session. If the defendant  is  granted  a  continuance
 2        past  the  10-day  time  limit,  the  court  must, on the
 3        subsequent court date, set the cause for  trial  no  more
 4        than 10 days from the date of that subsequent court date,
 5        unless  the  defendant  again  requests  and is granted a
 6        continuance.  If, in the  absence  of  a  granting  of  a
 7        continuance to a defendant, and except as provided for in
 8        subsection  (g),  the defendant has not been tried within
 9        the prescribed 10-day time limit, the charges against the
10        defendant must be dismissed with prejudice. A continuance
11        past  the  10-day  limit   may   be   granted   only   in
12        extraordinary circumstances.
13             (3)  Except for a failure to try a person within the
14        10-day  time  limit  prescribed in subsection (i)(2), the
15        court may not dismiss a charge against  a  person  for  a
16        violation of the provisions of this Section.
17        (j)  The  changes  in  the time periods in which a person
18    must be tried under  this  Section  are  applicable  only  to
19    persons  taken into custody on or after the effective date of
20    this amendatory Act of the 92nd General Assembly.
21    (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)

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