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Public Act 099-0871
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| HB2569 Enrolled | LRB099 07774 MRW 27907 b |
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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 changing Section 113-4 as follows:
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(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
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Sec. 113-4. Plea. (a) When called upon to plead at |
arraignment the defendant
shall be furnished with a copy of the |
charge and shall plead guilty, guilty
but mentally ill, or not |
guilty.
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(b) If the defendant stands mute a plea of not guilty shall |
be entered
for him and the trial shall proceed on such plea.
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(c) If the defendant pleads guilty such plea shall not be |
accepted until
the court shall have fully explained to the |
defendant the following: |
(1) consequences of
such plea and the maximum and |
minimum penalty provided by law for the offense which
may |
be imposed by the court; |
(2) as a consequence of a conviction or a plea of |
guilty, the sentence for any future conviction may be |
increased or there may be a higher possibility of the |
imposition of consecutive sentences; |
(3) as a consequence of a conviction or a plea of |
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guilty, there may be registration requirements that |
restrict where the defendant may work, live, or be present; |
and |
(4) as a consequence of a conviction or a plea of |
guilty, there may be an impact upon the defendant's ability |
to, among others: |
(A) retain or obtain housing in the public or |
private market; |
(B) retain or obtain employment; and |
(C) retain or obtain a firearm, an occupational |
license, or a driver's license. |
After such explanation if the defendant understandingly
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persists in his plea it shall be accepted by the court and |
recorded.
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(d) If the defendant pleads guilty but mentally ill, the |
court shall
not accept such a plea until the defendant has |
undergone examination by
a clinical psychologist or |
psychiatrist
and the judge has examined the psychiatric or |
psychological
report or reports, held a hearing on
the issue of |
the defendant's mental condition and is satisfied that there
is |
a factual basis that the defendant was mentally ill at the time |
of the
offense to which the plea is entered.
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(e) If a defendant pleads not guilty, the court shall |
advise him at
that time or at any later court date on which he |
is present that if he escapes from
custody or is released on |
bond and fails to appear in court when required
by the court |