Rep. Patricia R. Bellock
Filed: 4/16/2015
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1870




2    AMENDMENT NO. ______. Amend House Bill 1870 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Sections 120-5 and 121-14 as follows:
 
6    (725 ILCS 5/120-5 new)
7    Sec. 120-5. Appeal; defendant's death.
8    (a) Whenever the prosecuting attorney or the attorney for a 
9defendant who is representing a defendant on appeal of a 
10criminal case by the State, learns of the death of the 
11defendant, he or she shall promptly notify the other party and 
12file a certificate of notice of the defendant's death with the 
13court before which the appeal is pending. Upon the filing of 
14the certificate, the court shall vacate the judgment and 
15sentence of the trial court and the cause shall be forever 
16abated.
 
 
 
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1    (725 ILCS 5/121-14 new)
2    Sec. 121-14. Appeal; defendant's death.
3    (a) Whenever the prosecuting attorney or the attorney for a 
4defendant who is appealing the defendant's conviction or 
5sentence in a criminal case, learns of the death of the 
6defendant, he or she shall promptly notify the other party and 
7file a certificate of notice of the defendant's death with the 
8court before which the appeal is pending. Upon the filing of 
9the certificate, the court shall immediately stay further 
10action in the proceeding for 28 days.
11    (b) The executor or administrator of the defendant's 
12estate, the defendant's attorney on appeal, the Office of the 
13Appellate Defender, or the Public Defender in the county in 
14which the defendant was convicted, or other successor in 
15interest shall have standing to petition the court for leave to 
16intervene in the appeal for the purpose of pursuing the appeal 
17in place of the defendant.  A successor in interest shall file a  
18petition during the period of stay under  subsection (a) of this 
19Section. If the court receives a timely petition for leave to 
20intervene, the court shall permit the petitioning party to 
21intervene in the appeal in place of the defendant and the 
22appeal shall proceed in the same manner as if the defendant 
23were still alive. If, after intervention, the appeal results 
24in:
25        (1) the entry of an order affirming the decision of the 
 
 
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1    trial court, the intervenor may continue to pursue the 
2    appeal on the behalf of the defendant or seek 
3    post-conviction relief to the extent that further 
4    appellate or post-conviction relief would have been 
5    available to the defendant were he or she still alive;
6        (2) a finding of error by the court resulting in the 
7    reversal of a defendant's conviction, the court shall 
8    vacate the judgment and sentence of the trial court and the 
9    cause shall be forever abated; or
10        (3) a finding of error which would require the trial 
11    court to resentence the defendant, but does not require 
12    reversal of the defendant's sentence, the court shall 
13    vacate the sentence imposed by the trial court and the 
14    conviction shall stand. 
15    (c) If no petition for leave of the court to intervene is 
16filed under subsection (b) of this Section, the court shall 
17dismiss the appeal without disturbing the decision of the trial 
18court or sentence it imposed.".