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92_HB5830 LRB9215718LDtm 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 103-5 as follows: 6 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5) 7 Sec. 103-5. Speedy trial.) 8 (a) Every person in custody in this State for an alleged 9 offense shall be tried by the court having jurisdiction 10 within 110120days from the date he was taken into custody 11 unless delay is occasioned by the defendant, by an 12 examination for fitness ordered pursuant to Section 104-13 of 13 this Act, by a fitness hearing, by an adjudication of 14 unfitness to stand trial, by a continuance allowed pursuant 15 to Section 114-4 of this Act after a court's determination of 16 the defendant's physical incapacity for trial, or by an 17 interlocutory appeal. Delay shall be considered to be agreed 18 to by the defendant unless he or she objects to the delay by 19 making a written demand for trial or an oral demand for trial 20 on the record. 21 The 110-day120-dayterm must be one continuous period of 22 incarceration. In computing the 110-day120-dayterm, 23 separate periods of incarceration may not be combined. If a 24 defendant is taken into custody a second (or subsequent) time 25 for the same offense, the term will begin again at day zero. 26 (b) Every person on bail or recognizance shall be tried 27 by the court having jurisdiction within 150160days from the 28 date defendant demands trial unless delay is occasioned by 29 the defendant, by an examination for fitness ordered pursuant 30 to Section 104-13 of this Act, by a fitness hearing, by an 31 adjudication of unfitness to stand trial, by a continuance -2- LRB9215718LDtm 1 allowed pursuant to Section 114-4 of this Act after a court's 2 determination of the defendant's physical incapacity for 3 trial, or by an interlocutory appeal. The defendant's 4 failure to appear for any court date set by the court 5 operates to waive the defendant's demand for trial made under 6 this subsection. 7 For purposes of computing the 150-day160day period 8 under this subsection (b), every person who was in custody 9 for an alleged offense and demanded trial and is subsequently 10 released on bail or recognizance and demands trial, shall be 11 given credit for time spent in custody following the making 12 of the demand while in custody. Any demand for trial made 13 under this subsection (b) shall be in writing; and in the 14 case of a defendant not in custody, the demand for trial 15 shall include the date of any prior demand made under this 16 provision while the defendant was in custody. Any demand for 17 trial not reduced to writing is insufficient to invoke the 18 remedies provided by subsection (i) of this Section. 19 (c) If the court determines that the State has exercised 20 without success due diligence to obtain evidence material to 21 the case and that there are reasonable grounds to believe 22 that such evidence may be obtained at a later day the court 23 may continue the cause on application of the State for not 24 more than an additional 60 days. If the court determines that 25 the State has exercised without success due diligence to 26 obtain results of DNA testing that is material to the case 27 and that there are reasonable grounds to believe that such 28 results may be obtained at a later day, the court may 29 continue the cause on application of the State for not more 30 than an additional 110120days. 31 (d) (Blank).Every person not tried in accordance with32subsections (a), (b) and (c) of this Section shall be33discharged from custody or released from the obligations of34his bail or recognizance.-3- LRB9215718LDtm 1 (e) If a defendantpersonis simultaneously in custody 2 upon more than one charge pending against him or her in the 3 same county, or simultaneously demands trial upon more than 4 one charge pending against him or her in the same county, he 5 or she shall be tried, or adjudged guilty after waiver of 6 trial, upon at least one such charge before expiration 7 relative to any of such pending charges of the period 8 prescribed by subsections (a) and (b) of this Section. The 9 State has 110 days on each of the charges remaining against 10 the defendant to try the charges. The date for the 11 commencement of each 110-day period isSuch person shall be12tried upon all of the remaining charges thus pending within13160 days fromthe date on which judgment relative to the 14 previousfirstcharge thus prosecuted is rendered pursuant to 15 the Unified Code of Corrections or, if such trial upon such 16 previousfirstcharge is terminated without judgment and 17 there is no subsequent trial of, or adjudication of guilt 18 after waiver of trial of, such previousfirstcharge within a 19 reasonable time, the date for the commencement of the 110-day 20 period is the date on which the previous trial is terminated. 21 Delayperson shall be tried upon all of the remaining charges22thus pending within 160 days from the date on which such23trial is terminated; if either such period of 160 days24expires without the commencement of trial of, or adjudication25of guilt after waiver of trial of, any of such remaining26charges thus pending, such charge or charges shall be27dismissed and barred for want of prosecution unless delay is28 occasioned by the defendant, by an examination for fitness 29 ordered pursuant to Section 104-13 of this Act, by a fitness 30 hearing, by an adjudication of unfitness for trial, by a 31 continuance allowed pursuant to Section 114-4 of this Act 32 after a court's determination of the defendant's physical 33 incapacity for trial, or by an interlocutory appeal is 34 excluded from computation of the 110-day periods.; provided,-4- LRB9215718LDtm 1however, thatIf, however, the court determines that the 2 State has exercised without success due diligence to obtain 3 evidence material to the case and that there are reasonable 4 grounds to believe that such evidence may be obtained at a 5 later day the court may continue the cause on application of 6 the State for not more than an additional 60 days. 7 (f) Delay occasioned by the defendant shall temporarily 8 suspend for the time of the delay the period within which a 9 person shall be tried as prescribed by subsections (a), (b), 10 or (e) of this Section and on the day of expiration of the 11 delay the said period shall continue at the point at which it 12 was suspended. Where such delay occurs within 21 days of the 13 end of the period within which a person shall be tried as 14 prescribed by subsections (a), (b), or (e) of this Section, 15 the court may continue the cause on application of the State 16 for not more than an additional 21 days beyond the period 17 prescribed by subsections (a), (b), or (e). This subsection 18 (f) shall become effective on, and apply to persons charged 19 with alleged offenses committed on or after, March 1, 1977. 20 (f-5) When a case is continued or interrupted by an 21 interlocutory appeal, the period of time under which a 22 defendant must be tried under the provisions of this Section 23 is tolled until such time as the appellate court order 24 deciding the appeal is issued and the case is again placed on 25 the docket of the trial court. When a case on appeal has 26 been reversed and remanded for a new trial, the time for the 27 commencement of trial under the provisions of this Section 28 begins again, commencing with the date on which the case is 29 again placed on the docket of the trial court. 30 (g) Notwithstanding any other provisions of this 31 Section, except as otherwise limited in this subsection (g), 32 if, within 60 days of the end of the period within which a 33 defendant must be tried under the provisions of this Section, 34 the defendant violates any of the conditions of his or her -5- LRB9215718LDtm 1 bond, engages in conduct in custody that violates the laws of 2 this State, or while on bond fails to appear in court on the 3 date and time appointed, any period of time within which the 4 defendant must be tried under the provisions of this Section 5 is extended 60 days. If, however, a defendant in custody 6 escapes from custody or a defendant admitted to bail fails to 7 appear in court on the date appointed and fails to surrender 8 himself or herself within 30 days following the date of the 9 issuing of a warrant for the defendant's arrest for such 10 failure to appear in court, the time period prescribed for 11 the start of trial under the provisions of this Section 12 begins again at day zero. The date on which either the 13 additional 60-day time period or the entirely new speedy 14 trial term limit begins is either: (i) the date that the 15 defendant is taken into custody for violation of the 16 conditions of his or her bond, escape from custody, or 17 failure to appear in court on the date and time appointed, or 18 (ii) the date that the defendant, after having provided due 19 notice to the State or after the State has waived the 20 providing of the notice in open court, appears in court on 21 the date provided in the motion accompanying the notice, and 22 demands trial in writing. Any further charges that are tried 23 separately must be tried within 110 days of the date that the 24 judgment was rendered on the charge. 25 The provisions of this subsection do not apply if the 26 defendant proves that his or her failure to appear in court, 27 alleged violation of the condition of his or her bond, 28 alleged misconduct while in custody, or failure to appear in 29 court within 30 days after the issuing of a warrant for his 30 or her arrest for failure to appear in court was due to 31 events beyond his or her control. An arrest for another 32 offense, regardless of the eventual outcome of the case, is 33 not an event beyond the defendant's control. 34 (h) Whenever the State reasonably relies on a ruling of -6- LRB9215718LDtm 1 the court or the records of the clerk of the court that a 2 certain period of time is delay occasioned or agreed to by 3 the defendant, or a delay is experienced due to error by the 4 clerk of the court in properly recording a date or 5 transmitting an order of any court to the State, the period 6 of time encompassed by that delay is not used to calculate 7 any period of time within which a person must be tried or 8 retried as required by this Section. 9 (i) Relief. 10 (1) If a defendant in custody is not tried within 11 the applicable time period prescribed by the provisions 12 of this Section, that defendant must be released from 13 custody and placed on a recognizance bond, unless the 14 defendant is also in custody for the commission of 15 another unrelated offense for which the applicable time 16 period prescribed by the provisions of this Section has 17 not expired. If a defendant on bond is not tried within 18 the applicable time period prescribed by the provisions 19 of this Section, that defendant must be released from all 20 the conditions of his or her bond relating to the charge 21 for which he or she was not tried in the time prescribed 22 except for the requirement of appearing in court on the 23 date set by the court. 24 (2) In any case in which a defendant has not been 25 tried within the applicable time period prescribed by the 26 provisions of this Section, the judge before whom the 27 case is pending for trial, upon ruling that the defendant 28 has not been tried within the prescribed time period, 29 must set the cause for trial no more than 10 days from 30 the date of the court's ruling, unless the defendant 31 requests and is granted a continuance past that date of 32 the 10-day time limit. If the 10th day occurs on a court 33 holiday, the 10th day is considered to be the first day 34 following the court holiday or holidays that the court is -7- LRB9215718LDtm 1 in session. If the defendant is granted a continuance 2 past the 10-day time limit, the court must, on the 3 subsequent court date, set the cause for trial no more 4 than 10 days from the date of that subsequent court date, 5 unless the defendant again requests and is granted a 6 continuance. If, in the absence of a granting of a 7 continuance to a defendant, and except as provided for in 8 subsection (g), the defendant has not been tried within 9 the prescribed 10-day time limit, the charges against the 10 defendant must be dismissed with prejudice. A continuance 11 past the 10-day limit may be granted only in 12 extraordinary circumstances. 13 (3) Except for a failure to try a person within the 14 10-day time limit prescribed in subsection (i)(2), the 15 court may not dismiss a charge against a person for a 16 violation of the provisions of this Section. 17 (j) The changes in the time periods in which a person 18 must be tried under this Section are applicable only to 19 persons taken into custody on or after the effective date of 20 this amendatory Act of the 92nd General Assembly. 21 (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)