HB3373 99TH GENERAL ASSEMBLY

LRB099 07872 MRW 28011 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3373

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

725 ILCS 5/121-14 new
725 ILCS 5/122-9 new

Amends the Code of Criminal Procedure of 1963. On a convicted defendant's death, requires the court to dismiss any pending appeal or post-conviction petition of the defendant. Provides a convicted defendant's death may not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine, assessment, or other sentence imposed by the sentencing court. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Sections 121-14 and 122-9 as follows:

(725 ILCS 5/121-14 new)

Sec. 121-14. Appeal; defendant's death.

(a) On a convicted defendant's death, the court shall dismiss any pending appeal of the defendant.

(b) A convicted defendant's death may not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine, assessment, or other sentence imposed by the sentencing court.

(725 ILCS 5/122-9 new)

Sec. 122-9. Post-conviction; defendant's death.

(a) On a convicted defendant's death, the court shall dismiss any pending post-conviction petition of the defendant.

(b) A convicted defendant's death may not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine, assessment, or other sentence imposed by the sentencing court.

Section 99. Effective date. This Act takes effect upon becoming law.