Illinois General Assembly - Full Text of HB4683
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Full Text of HB4683  99th General Assembly

HB4683sam001 99TH GENERAL ASSEMBLY

Sen. Chris Nybo

Filed: 5/17/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4683

2    AMENDMENT NO. ______. Amend House Bill 4683 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 115-4.5, the heading of Article 121A,
6and Sections 121A-1 and 121A-2 as follows:
 
7    (725 ILCS 5/115-4.5 new)
8    Sec. 115-4.5. Death of defendant.
9    Whenever the prosecuting attorney learns of the death of
10the defendant prior to the entry of a final and appealable
11judgment in a criminal case, he or she shall promptly notify
12the other party and file a certificate of notice of the
13defendant's death with the circuit court before which the case
14is pending. Upon filing of the certificate, the court shall
15enter an order abating the proceedings ab initio.
 

 

 

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1    (725 ILCS 5/Art. 121A heading new)
2
ARTICLE 121A. PENDING DIRECT APPEAL AFTER DEFENDANT'S DEATH

 
3    (725 ILCS 5/121A-1 new)
4    Sec. 121A-1. Application of Article.
5    Unless otherwise provided by Rules of the Supreme Court,
6this Article shall govern pending direct appeal in all criminal
7cases after the death of the defendant.
 
8    (725 ILCS 5/121A-2 new)
9    Sec. 121A-2. Pending direct appeal after the defendant's
10death.
11    (a) Whenever the prosecuting attorney learns of the death
12of the defendant following the entry of a final and appealable
13judgment but prior to the conclusion of the defendant's direct
14appeal from the conviction, he or she shall promptly notify the
15other party and file a certificate of notice of the defendant's
16death with the reviewing court before which the direct appeal
17is pending.
18    (b) Unless the executor or administrator of the defendant's
19estate or other successor in interest files a verified motion
20to intervene in the direct appeal within 30 days of the filing
21of the certificate under subsection (a) of this Section, the
22reviewing court shall dismiss the direct appeal without
23disturbing the judgment of the circuit court.
24    (c) If the court receives a timely petition for leave to

 

 

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1intervene by an authorized party, the reviewing court shall
2permit the petitioning party to intervene in the direct appeal
3in place of the defendant and the direct appeal shall proceed
4in the same manner as if the defendant were still alive. The
5authority to intervene shall terminate automatically upon
6completion of the proceedings in the direct appeal.
7    (d) Nothing in this Section shall be construed to authorize
8the filing or continued litigation of a post-conviction
9petition or other collateral attack on a conviction or sentence
10on behalf of a deceased defendant.".