Public Act 099-0871
HB2569 EnrolledLRB099 07774 MRW 27907 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 113-4 as follows:
    (725 ILCS 5/113-4)  (from Ch. 38, par. 113-4)
    Sec. 113-4. Plea. (a) When called upon to plead at
arraignment the defendant shall be furnished with a copy of the
charge and shall plead guilty, guilty but mentally ill, or not
    (b) If the defendant stands mute a plea of not guilty shall
be entered for him and the trial shall proceed on such plea.
    (c) If the defendant pleads guilty such plea shall not be
accepted until the court shall have fully explained to the
defendant the following:
        (1) consequences of such plea and the maximum and
    minimum penalty provided by law for the offense which may
    be imposed by the court;
        (2) as a consequence of a conviction or a plea of
    guilty, the sentence for any future conviction may be
    increased or there may be a higher possibility of the
    imposition of consecutive sentences;
        (3) as a consequence of a conviction or a plea of
    guilty, there may be registration requirements that
    restrict where the defendant may work, live, or be present;
        (4) as a consequence of a conviction or a plea of
    guilty, there may be an impact upon the defendant's ability
    to, among others:
            (A) retain or obtain housing in the public or
        private market;
            (B) retain or obtain employment; and
            (C) retain or obtain a firearm, an occupational
        license, or a driver's license.
    After such explanation if the defendant understandingly
persists in his plea it shall be accepted by the court and
    (d) If the defendant pleads guilty but mentally ill, the
court shall not accept such a plea until the defendant has
undergone examination by a clinical psychologist or
psychiatrist and the judge has examined the psychiatric or
psychological report or reports, held a hearing on the issue of
the defendant's mental condition and is satisfied that there is
a factual basis that the defendant was mentally ill at the time
of the offense to which the plea is entered.
    (e) If a defendant pleads not guilty, the court shall
advise him at that time or at any later court date on which he
is present that if he escapes from custody or is released on
bond and fails to appear in court when required by the court
that his failure to appear would constitute a waiver of his
right to confront the witnesses against him and trial could
proceed in his absence.
(Source: P.A. 82-553.)

Effective Date: 1/1/2017