State of Illinois
91st General Assembly
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Public Act 91-0123

SB784 Enrolled                                 LRB9105971RCks

    AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 103-5.

    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 changing Section 103-5 as follows:

    (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
    Sec. 103-5.  Speedy trial.)
    (a)  Every person in custody in this State for an alleged
offense shall be  tried  by  the  court  having  jurisdiction
within  120  days  from  the  date  he was taken into custody
unless  delay  is  occasioned  by  the   defendant,   by   an
examination for fitness ordered pursuant to Section 104-13 of
this  Act,  by  a  fitness  hearing,  by  an  adjudication of
unfitness to stand trial, by a continuance  allowed  pursuant
to Section 114-4 of this Act after a court's determination of
the  defendant's  physical  incapacity  for  trial,  or by an
interlocutory appeal.  Delay shall be considered to be agreed
to by the defendant unless he or she objects to the delay  by
making a written demand for trial or an oral demand for trial
on the record.
    The  120-day  term  must  be  one  continuous  period  of
incarceration.   In  computing  the  120-day  term,  separate
periods of incarceration may not be combined.  If a defendant
is  taken  into custody a second (or subsequent) time for the
same offense, the term will begin again at day zero.
    (b)  Every person on bail or recognizance shall be  tried
by  the  court  having  jurisdiction within 160 days from the
date defendant demands trial unless delay  is  occasioned  by
the defendant, by an examination for fitness ordered pursuant
to  Section  104-13  of this Act, by a fitness hearing, by an
adjudication of unfitness to stand trial,  by  a  continuance
allowed pursuant to Section 114-4 of this Act after a court's
determination  of  the  defendant's  physical  incapacity for
trial,  or  by  an  interlocutory  appeal.   The  defendant's
failure to appear  for  any  court  date  set  by  the  court
operates to waive the defendant's demand for trial made under
this subsection.
    For  purposes  of computing the 160 day period under this
subsection (b), every  person  who  was  in  custody  for  an
alleged  offense  and  demanded  trial  and  is  subsequently
released  on bail or recognizance and demands trial, shall be
given credit for time spent in custody following  the  making
of  the  demand  while  in custody. Any demand for trial made
under this subsection (b) provision shall be in writing;  and
in  the  case  of  a defendant not in custody, the demand for
trial shall include the date of any prior demand  made  under
this provision while the defendant was in custody.
    (c)  If the court determines that the State has exercised
without  success due diligence to obtain evidence material to
the case and that there are  reasonable  grounds  to  believe
that  such  evidence may be obtained at a later day the court
may continue the cause on application of the  State  for  not
more than an additional 60 days. If the court determines that
the  State  has  exercised  without  success due diligence to
obtain results of DNA testing that is material  to  the  case
and  that  there  are reasonable grounds to believe that such
results may be  obtained  at  a  later  day,  the  court  may
continue  the  cause on application of the State for not more
than an additional 120 days.
    (d)  Every  person   not   tried   in   accordance   with
subsections  (a),  (b)  and  (c)  of  this  Section  shall be
discharged from custody or released from the  obligations  of
his bail or recognizance.
    (e)  If  a  person is simultaneously in custody upon more
than one charge pending against him in the  same  county,  or
simultaneously  demands  trial  upon  more  than  one  charge
pending against him in the same county, he shall be tried, or
adjudged guilty after waiver of trial, upon at least one such
charge  before  expiration  relative  to  any of such pending
charges of the period prescribed by subsections (a)  and  (b)
of  this Section.  Such person shall be tried upon all of the
remaining charges thus pending within 160 days from the  date
on   which   judgment  relative  to  the  first  charge  thus
prosecuted is  rendered  pursuant  to  the  Unified  Code  of
Corrections  or,  if  such  trial  upon  such first charge is
terminated without judgment and there is no subsequent  trial
of,  or  adjudication of guilt after waiver of trial of, such
first charge within a reasonable time, the  person  shall  be
tried  upon  all of the remaining charges thus pending within
160 days from the date on which such trial is terminated;  if
either   such   period   of  160  days  expires  without  the
commencement of trial of,  or  adjudication  of  guilt  after
waiver  of  trial  of,  any  of  such  remaining charges thus
pending, such charge or charges shall be dismissed and barred
for want of prosecution unless delay  is  occasioned  by  the
defendant,  by an examination for fitness ordered pursuant to
Section 104-13 of this Act,  by  a  fitness  hearing,  by  an
adjudication of unfitness for trial, by a continuance allowed
pursuant  to  Section  114-4  of  this  Act  after  a court's
determination of  the  defendant's  physical  incapacity  for
trial, or by an interlocutory appeal; provided, however, that
if  the court determines that the State has exercised without
success due diligence to obtain evidence material to the case
and that there are reasonable grounds to  believe  that  such
evidence  may  be  obtained  at  a  later  day  the court may
continue the cause on application of the State for  not  more
than an additional 60 days.
    (f)  Delay  occasioned by the defendant shall temporarily
suspend for the time of the delay the period within  which  a
person  shall be tried as prescribed by subsections (a), (b),
or (e) of this Section and on the day of  expiration  of  the
delay the said period shall continue at the point at which it
was suspended.  Where such delay occurs within 21 days of the
end  of  the  period  within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of  this  Section,
the  court may continue the cause on application of the State
for not more than an additional 21  days  beyond  the  period
prescribed  by subsections (a), (b), or (e).  This subsection
(f) shall become effective on, and apply to  persons  charged
with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 90-705, eff. 1-1-99.)

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