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91_HB2892
LRB9108555RCdv
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 adding Section 116-4.
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 adding Section 116-4 as follows:
7 (725 ILCS 5/116-4 new)
8 Sec. 116-4. Death of the defendant while appeal pending.
9 If a defendant has filed a direct appeal to the Appellate
10 Court, the Illinois Supreme Court, or the United States
11 Supreme Court and the appeal is pending before the court at
12 the time of the defendant's death, the conviction of the
13 defendant for the offense for which the defendant filed the
14 appeal is not abated ab initio and the judgment of conviction
15 of the defendant for the offense remains valid. The pending
16 appeal shall be dismissed.