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91_SB0784
LRB9105971RCks
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. The 120-day term must be one
19 continuous period of incarceration. In computing the 120-day
20 term, separate periods of incarceration may not be combined.
21 If a defendant is taken into custody a second (or subsequent)
22 time for the same offense, the term will begin again at day
23 zero. Delay shall be considered to be agreed to by the
24 defendant unless he or she objects to the delay by making a
25 written demand for trial or an oral demand for trial on the
26 record.
27 (b) Every person on bail or recognizance shall be tried
28 by the court having jurisdiction within 160 days from the
29 date defendant demands trial unless delay is occasioned by
30 the defendant, by an examination for fitness ordered pursuant
31 to Section 104-13 of this Act, by a fitness hearing, by an
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1 adjudication of unfitness to stand trial, by a continuance
2 allowed pursuant to Section 114-4 of this Act after a court's
3 determination of the defendant's physical incapacity for
4 trial, or by an interlocutory appeal. The defendant's
5 failure to appear for any court date set by the court
6 operates to waive the defendant's demand for trial made under
7 this subsection.
8 For purposes of computing the 160 day period under this
9 subsection, every person who was in custody for an alleged
10 offense and demanded trial and is subsequently released on
11 bail or recognizance and demands trial, shall be given credit
12 for time spent in custody following the making of the demand
13 while in custody. Any demand for trial made under this
14 provision shall be made orally on the record in open court
15 and in writing; and in the case of a defendant not in
16 custody, the demand for trial shall include the date of any
17 prior demand made under this provision while the defendant
18 was in custody. A demand for trial is not effective until
19 all of these conditions are met.
20 (c) If the court determines that the State has exercised
21 without success due diligence to obtain evidence material to
22 the case and that there are reasonable grounds to believe
23 that such evidence may be obtained at a later day the court
24 may continue the cause on application of the State for not
25 more than an additional 60 days. If the court determines that
26 the State has exercised without success due diligence to
27 obtain results of DNA testing that is material to the case
28 and that there are reasonable grounds to believe that such
29 results may be obtained at a later day, the court may
30 continue the cause on application of the State for not more
31 than an additional 120 days.
32 (d) Every person not tried in accordance with
33 subsections (a), (b) and (c) of this Section shall be
34 discharged from custody or released from the obligations of
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1 his bail or recognizance.
2 (e) If a person is simultaneously in custody upon more
3 than one charge pending against him in the same county, or
4 simultaneously demands trial upon more than one charge
5 pending against him in the same county, he shall be tried, or
6 adjudged guilty after waiver of trial, upon at least one such
7 charge before expiration relative to any of such pending
8 charges of the period prescribed by subsections (a) and (b)
9 of this Section. Such person shall be tried upon all of the
10 remaining charges thus pending within 160 days from the date
11 on which judgment relative to the first charge thus
12 prosecuted is rendered pursuant to the Unified Code of
13 Corrections or, if such trial upon such first charge is
14 terminated without judgment and there is no subsequent trial
15 of, or adjudication of guilt after waiver of trial of, such
16 first charge within a reasonable time, the person shall be
17 tried upon all of the remaining charges thus pending within
18 160 days from the date on which such trial is terminated; if
19 either such period of 160 days expires without the
20 commencement of trial of, or adjudication of guilt after
21 waiver of trial of, any of such remaining charges thus
22 pending, such charge or charges shall be dismissed and barred
23 for want of prosecution unless delay is occasioned by the
24 defendant, by an examination for fitness ordered pursuant to
25 Section 104-13 of this Act, by a fitness hearing, by an
26 adjudication of unfitness for trial, by a continuance allowed
27 pursuant to Section 114-4 of this Act after a court's
28 determination of the defendant's physical incapacity for
29 trial, or by an interlocutory appeal; provided, however, that
30 if the court determines that the State has exercised without
31 success due diligence to obtain evidence material to the case
32 and that there are reasonable grounds to believe that such
33 evidence may be obtained at a later day the court may
34 continue the cause on application of the State for not more
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1 than an additional 60 days.
2 (f) Delay occasioned by the defendant shall temporarily
3 suspend for the time of the delay the period within which a
4 person shall be tried as prescribed by subsections (a), (b),
5 or (e) of this Section and on the day of expiration of the
6 delay the said period shall continue at the point at which it
7 was suspended. Where such delay occurs within 21 days of the
8 end of the period within which a person shall be tried as
9 prescribed by subsections (a), (b), or (e) of this Section,
10 the court may continue the cause on application of the State
11 for not more than an additional 21 days beyond the period
12 prescribed by subsections (a), (b), or (e). This subsection
13 (f) shall become effective on, and apply to persons charged
14 with alleged offenses committed on or after, March 1, 1977.
15 (Source: P.A. 90-705, eff. 1-1-99.)