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| Public Act 099-0778 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by adding Section 115-4.5, the heading of Article 121A, | ||||
and Sections 121A-1 and 121A-2 as follows: | ||||
(725 ILCS 5/115-4.5 new) | ||||
Sec. 115-4.5. Death of defendant. | ||||
Whenever the prosecuting attorney learns of the death of | ||||
the defendant prior to the entry of a final and appealable | ||||
judgment in a criminal case, he or she shall promptly notify | ||||
the other party and file a certificate of notice of the | ||||
defendant's death with the circuit court before which the case | ||||
is pending. Upon filing of the certificate, the court shall | ||||
enter an order abating the proceedings ab initio. | ||||
(725 ILCS 5/Art. 121A heading new) | ||||
ARTICLE 121A. PENDING DIRECT APPEAL AFTER DEFENDANT'S DEATH | ||||
(725 ILCS 5/121A-1 new) | ||||
Sec. 121A-1. Application of Article. | ||||
Unless otherwise provided by Rules of the Supreme Court, | ||||
this Article
shall govern pending direct appeal in all criminal | ||||
cases after the death of the defendant. | ||
(725 ILCS 5/121A-2 new) | ||
Sec. 121A-2. Pending direct appeal after the defendant's | ||
death. | ||
(a) Whenever the prosecuting attorney learns of the death | ||
of the defendant following the entry of a final and appealable | ||
judgment but prior to the conclusion of the defendant's direct | ||
appeal from the conviction, he or she shall promptly notify the | ||
other party and file a certificate of notice of the defendant's | ||
death with the reviewing court before which the direct appeal | ||
is pending. | ||
(b) Unless the executor or administrator of the defendant's | ||
estate or other successor in interest files a verified motion | ||
to intervene in the direct appeal within 30 days of the filing | ||
of the certificate under subsection (a) of this Section, the | ||
reviewing court shall dismiss the direct appeal without | ||
disturbing the judgment of the circuit court. | ||
(c) If the court receives a timely petition for leave to | ||
intervene by an authorized party, the reviewing court shall | ||
permit the petitioning party to intervene in the direct appeal | ||
in place of the defendant and the direct appeal shall proceed | ||
in the same manner as if the defendant were still alive. The | ||
authority to intervene shall terminate automatically upon | ||
completion of the proceedings in the direct appeal. | ||
(d) Nothing in this Section shall be construed to authorize | ||
the filing or continued litigation of a post-conviction | ||
petition or other collateral attack on a conviction or sentence | ||
on behalf of a deceased defendant. | ||