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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_SB0784eng SB784 Engrossed 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. 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. 22 The 120-day term must be one continuous period of 23 incarceration. In computing the 120-day term, separate 24 periods of incarceration may not be combined. If a defendant 25 is taken into custody a second (or subsequent) time for the 26 same offense, the term will begin again at day zero. 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 SB784 Engrossed -2- LRB9105971RCks 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 (b), every person who was in custody for an 10 alleged offense and demanded trial and is subsequently 11 released on bail or recognizance and demands trial, shall be 12 given credit for time spent in custody following the making 13 of the demand while in custody. Any demand for trial made 14 under this subsection (b)provisionshall be in writing; and 15 in the case of a defendant not in custody, the demand for 16 trial shall include the date of any prior demand made under 17 this provision while the defendant was in custody. 18 (c) If the court determines that the State has exercised 19 without success due diligence to obtain evidence material to 20 the case and that there are reasonable grounds to believe 21 that such evidence may be obtained at a later day the court 22 may continue the cause on application of the State for not 23 more than an additional 60 days. If the court determines that 24 the State has exercised without success due diligence to 25 obtain results of DNA testing that is material to the case 26 and that there are reasonable grounds to believe that such 27 results may be obtained at a later day, the court may 28 continue the cause on application of the State for not more 29 than an additional 120 days. 30 (d) Every person not tried in accordance with 31 subsections (a), (b) and (c) of this Section shall be 32 discharged from custody or released from the obligations of 33 his bail or recognizance. 34 (e) If a person is simultaneously in custody upon more SB784 Engrossed -3- LRB9105971RCks 1 than one charge pending against him in the same county, or 2 simultaneously demands trial upon more than one charge 3 pending against him in the same county, he shall be tried, or 4 adjudged guilty after waiver of trial, upon at least one such 5 charge before expiration relative to any of such pending 6 charges of the period prescribed by subsections (a) and (b) 7 of this Section. Such person shall be tried upon all of the 8 remaining charges thus pending within 160 days from the date 9 on which judgment relative to the first charge thus 10 prosecuted is rendered pursuant to the Unified Code of 11 Corrections or, if such trial upon such first charge is 12 terminated without judgment and there is no subsequent trial 13 of, or adjudication of guilt after waiver of trial of, such 14 first charge within a reasonable time, the person shall be 15 tried upon all of the remaining charges thus pending within 16 160 days from the date on which such trial is terminated; if 17 either such period of 160 days expires without the 18 commencement of trial of, or adjudication of guilt after 19 waiver of trial of, any of such remaining charges thus 20 pending, such charge or charges shall be dismissed and barred 21 for want of prosecution unless delay is occasioned by the 22 defendant, by an examination for fitness ordered pursuant to 23 Section 104-13 of this Act, by a fitness hearing, by an 24 adjudication of unfitness for trial, by a continuance allowed 25 pursuant to Section 114-4 of this Act after a court's 26 determination of the defendant's physical incapacity for 27 trial, or by an interlocutory appeal; provided, however, that 28 if the court determines that the State has exercised without 29 success due diligence to obtain evidence material to the case 30 and that there are reasonable grounds to believe that such 31 evidence may be obtained at a later day the court may 32 continue the cause on application of the State for not more 33 than an additional 60 days. 34 (f) Delay occasioned by the defendant shall temporarily SB784 Engrossed -4- LRB9105971RCks 1 suspend for the time of the delay the period within which a 2 person shall be tried as prescribed by subsections (a), (b), 3 or (e) of this Section and on the day of expiration of the 4 delay the said period shall continue at the point at which it 5 was suspended. Where such delay occurs within 21 days of the 6 end of the period within which a person shall be tried as 7 prescribed by subsections (a), (b), or (e) of this Section, 8 the court may continue the cause on application of the State 9 for not more than an additional 21 days beyond the period 10 prescribed by subsections (a), (b), or (e). This subsection 11 (f) shall become effective on, and apply to persons charged 12 with alleged offenses committed on or after, March 1, 1977. 13 (Source: P.A. 90-705, eff. 1-1-99.)