[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
91_HB2333
LRB9101234RCpk
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 103-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 103-5 as follows:
7 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
8 Sec. 103-5. Speedy trial.)
9 (a) Every person in custody in this State for an alleged
10 offense shall be tried by the court having jurisdiction
11 within 120 days from the date he was taken into custody
12 unless delay is occasioned by the defendant, by an
13 examination for fitness ordered pursuant to Section 104-13 of
14 this Act, by a fitness hearing, by an adjudication of
15 unfitness to stand trial, by a continuance allowed pursuant
16 to Section 114-4 of this Act after a court's determination of
17 the defendant's physical incapacity for trial, or by an
18 interlocutory appeal. Delay shall be considered to be agreed
19 to by the defendant unless he or she objects to the delay by
20 making a written demand for trial or an oral demand for trial
21 on the record. Days that a person was released on bail after
22 being taken into custody shall not be included in computing
23 the 120 day limit.
24 (b) Every person on bail or recognizance shall be tried
25 by the court having jurisdiction within 160 days from the
26 date defendant demands trial unless delay is occasioned by
27 the defendant, by an examination for fitness ordered pursuant
28 to Section 104-13 of this Act, by a fitness hearing, by an
29 adjudication of unfitness to stand trial, by a continuance
30 allowed pursuant to Section 114-4 of this Act after a court's
31 determination of the defendant's physical incapacity for
-2- LRB9101234RCpk
1 trial, or by an interlocutory appeal.
2 For purposes of computing the 160 day period under this
3 subsection, every person who was in custody for an alleged
4 offense and demanded trial and is subsequently released on
5 bail or recognizance and demands trial, shall be given credit
6 for time spent in custody following the making of the demand
7 while in custody. Any demand for trial made under this
8 provision shall be in writing; and in the case of a defendant
9 not in custody, the demand for trial shall include the date
10 of any prior demand made under this provision while the
11 defendant was in custody. Any demand for trial not reduced to
12 writing shall be considered insufficient to invoke the
13 remedies provided by subsection (j) of this Section.
14 (c) If the court determines that the State has exercised
15 without success due diligence to obtain evidence material to
16 the case and that there are reasonable grounds to believe
17 that such evidence may be obtained at a later day the court
18 may continue the cause on application of the State for not
19 more than an additional 60 days. If the court determines that
20 the State has exercised without success due diligence to
21 obtain results of DNA testing that is material to the case
22 and that there are reasonable grounds to believe that such
23 results may be obtained at a later day, the court may
24 continue the cause on application of the State for not more
25 than an additional 120 days.
26 (d) (Blank). Every person not tried in accordance with
27 subsections (a), (b) and (c) of this Section shall be
28 discharged from custody or released from the obligations of
29 his bail or recognizance.
30 (e) If a defendant person is simultaneously in custody
31 upon more than one charge pending against him or her in the
32 same county, or simultaneously demands trial upon more than
33 one charge pending against him in the same county, he or she
34 shall be tried, or adjudged guilty after waiver of trial,
-3- LRB9101234RCpk
1 upon at least one such charge before expiration relative to
2 any of such pending charges of the period prescribed by
3 subsections (a) and (b) of this Section. The State shall have
4 100 days on each of the charges remaining against the
5 defendant to try such charges. The date for the commencement
6 of each 100 day period shall be Such person shall be tried
7 upon all of the remaining charges thus pending within 160
8 days from the date on which judgment relative to the previous
9 first charge thus prosecuted is rendered pursuant to the
10 Unified Code of Corrections or, if such trial upon such
11 previous first charge is terminated without judgment and
12 there is no subsequent trial of, or adjudication of guilt
13 after waiver of trial of, such previous first charge within a
14 reasonable time, the date for the commencement of the 100 day
15 period shall be the date on which such previous trial is
16 terminated. Delay person shall be tried upon all of the
17 remaining charges thus pending within 160 days from the date
18 on which such trial is terminated; if either such period of
19 160 days expires without the commencement of trial of, or
20 adjudication of guilt after waiver of trial of, any of such
21 remaining charges thus pending, such charge or charges shall
22 be dismissed and barred for want of prosecution unless delay
23 is occasioned by the defendant, by an examination for fitness
24 ordered pursuant to Section 104-13 of this Act, by a fitness
25 hearing, by an adjudication of unfitness for trial, by a
26 continuance allowed pursuant to Section 114-4 of this Act
27 after a court's determination of the defendant's physical
28 incapacity for trial, or by an interlocutory appeal shall be
29 excluded from computation of the 100 day periods.; provided,
30 however, that If, however, the court determines that the
31 State has exercised without success due diligence to obtain
32 evidence material to the case and that there are reasonable
33 grounds to believe that such evidence may be obtained at a
34 later day the court may continue the cause on application of
-4- LRB9101234RCpk
1 the State for not more than an additional 60 days.
2 (e-5) If a defendant is in the physical custody of the
3 federal government, a foreign government or another state or
4 county, the time spent in custody in those jurisdictions or
5 other county shall not count towards the time period in which
6 a person must be tried under the provisions of this Section
7 in a county that does not have the defendant in physical
8 custody but within which charges are pending against the
9 defendant until the charges in the federal or foreign
10 jurisdiction or other state or county have been disposed of
11 and the federal or foreign jurisdiction or other state or
12 county physically holding the defendant in custody notifies
13 the county that does not have physical custody of the
14 defendant that the defendant is available for release. If 2
15 or more counties are awaiting the release of a defendant from
16 the federal government, a foreign government or other state
17 or county, the time period in which the defendant shall be
18 tried under the provisions of this Section shall count only
19 against the charges pending in the county that actually takes
20 the defendant into custody. Days spent awaiting extradition
21 of a defendant shall not count towards the time period a
22 defendant must be tried under the provisions of this Section
23 until the date that law enforcement authorities physically
24 bring the defendant into this State.
25 (f) Delay occasioned by the defendant shall temporarily
26 suspend for the time of the delay the period within which a
27 person shall be tried as prescribed by subsections (a), (b),
28 or (e) of this Section and on the day of expiration of the
29 delay the said period shall continue at the point at which it
30 was suspended. Where such delay occurs within 21 days of the
31 end of the period within which a person shall be tried as
32 prescribed by subsections (a), (b), or (e) of this Section,
33 the court may continue the cause on application of the State
34 for not more than an additional 21 days beyond the period
-5- LRB9101234RCpk
1 prescribed by subsections (a), (b), or (e). This subsection
2 (f) shall become effective on, and apply to persons charged
3 with alleged offenses committed on or after, March 1, 1977.
4 (f-5) When a case is continued or interrupted by an
5 interlocutory appeal, the period of time under which a
6 defendant must be tried under the provisions of this Section
7 shall be tolled until such time as the appellate court order
8 deciding the appeal is issued and the case is again placed on
9 the docket of the trial court. When a case on appeal has
10 been reversed and remanded for a new trial, the time for the
11 commencement of trial under the provisions of this Section
12 shall begin again, commencing with the date on which the case
13 is again placed on the docket of the trial court.
14 (g) Notwithstanding any other provisions of this
15 Section, except as otherwise limited in this subsection (g),
16 if, within 60 days of the end of the period within which a
17 defendant must be tried under the provisions of this Section,
18 the defendant violates any of the conditions of his or her
19 bond, engages in conduct in custody that violates the laws of
20 this State, or while on bond fails to appear in court on the
21 date and time appointed, any period of time within which the
22 defendant must be tried under the provisions of this Section
23 shall be extended 60 days. If, however, a defendant in
24 custody escapes from custody or a defendant admitted to bail
25 fails to appear in court on the date appointed and fails to
26 surrender himself or herself within 30 days following the
27 date of the issuing of a warrant for the defendant's arrest
28 for such failure to appear in court, the time period
29 prescribed for the start of trial under the provisions of
30 this Section shall begin again as if it never commenced. The
31 date on which either the additional 60 day time period or the
32 commencement of the entirely new speedy trial term limit
33 begins shall be either: (i) the date that the defendant is
34 taken into custody for violation of the conditions of his or
-6- LRB9101234RCpk
1 her bond, escape from custody or failure to appear in court
2 on the date and time appointed, or (ii) the date that the
3 defendant, after having provided due notice to the State or
4 after the State has waived the providing of such notice in
5 open court, appears in court on the date provided in the
6 motion accompanying the notice, and demands trial in writing.
7 Any further charges that are tried separately shall be tried
8 within 100 days of the date that the judgment was rendered on
9 the charge.
10 The provisions of this subsection shall not apply if the
11 defendant proves that his or her failure to appear in court,
12 alleged violation of the condition of his or her bond,
13 alleged misconduct while in custody, or failure to appear in
14 court within 30 after the issuing of a warrant for his or her
15 arrest for failure to appear in court was due to events
16 beyond his or her control. An arrest for another offense,
17 regardless of the eventual outcome of the case, shall not be
18 considered to be an event beyond the defendant's control.
19 (h) Whenever the State reasonably relies on a ruling of
20 the court or the records of the court that a certain period
21 of time is delay occasioned or agreed to by the defendant, or
22 a delay is experienced due to error by the clerk of the court
23 in properly recording a date or transmitting an order of any
24 court to the State, the period of time encompassed by that
25 delay shall not be considered in calculating any period of
26 time within which a person must be tried or retried as
27 required by this Section.
28 (i) Whenever the court or State proposes to set a
29 continuance of the defendant's case to a date beyond, on, or
30 within 10 days of the date on which the defendant must be
31 tried under any of the subsections of this Section, the
32 defendant shall in open court immediately inform the court
33 and the State of that fact. If the defendant's assertion is
34 correct, the court shall immediately set the case for trial
-7- LRB9101234RCpk
1 on a date within the time limit prescribed by the applicable
2 subsection. Failure of the defendant to comply with the
3 provisions of this subsection shall be considered to be delay
4 agreed to by the defendant.
5 (j) Relief.
6 (1) If a defendant in custody is not tried within
7 the applicable time period prescribed by the provisions
8 of this Section, that defendant shall be released from
9 custody and placed on a recognizance bond, unless the
10 defendant is also in custody for the commission of
11 another unrelated offense for which the applicable time
12 period prescribed by the provisions of this Section has
13 not expired. If a defendant on bond is not tried within
14 the applicable time period prescribed by the provisions
15 of this Section, that defendant shall be released from
16 all the conditions of his or her bond relating to the
17 charge for which he or she was not tried in the time
18 prescribed except for the requirement of appearing in
19 court on the date set by the court.
20 (2) In any case in which a defendant has not been
21 tried within the applicable time period prescribed by the
22 provisions of this Section, the judge before whom the
23 case is pending for trial, upon ruling that the defendant
24 has not been tried within the prescribed time period,
25 shall set the cause for trial no more than 21 days from
26 the date of the court's ruling, unless the defendant
27 requests and is granted a continuance past that date of
28 the 21 day time limit. If the defendant is granted a
29 continuance past the 21 day time limit, the court shall,
30 on the subsequent court date, set the cause for trial no
31 more than 21 days from the date of that subsequent court
32 date, unless the defendant again requests and is granted
33 a continuance. If, in the absence of a granting of a
34 continuance to a defendant, and except as provided for in
-8- LRB9101234RCpk
1 subsection (g), the defendant has not been tried within
2 the prescribed 21 day time limit, the charges against the
3 defendant shall be dismissed with prejudice. A
4 continuance past the 21 day limit shall be granted only
5 in extraordinary circumstances.
6 (3) Except for a failure to try a person within the
7 21 day time limit prescribed in subsection (j)(2), the
8 court shall not dismiss a charge against a person for a
9 violation of the provisions of this Section.
10 (Source: P.A. 90-705, eff. 1-1-99.)