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Rep. Marlow H. Colvin
Filed: 11/28/2006
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09400SB2684ham001 |
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LRB094 18675 RLC 60648 a |
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| AMENDMENT TO SENATE BILL 2684
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| AMENDMENT NO. ______. Amend Senate Bill 2684 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 103-5 as follows:
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| (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
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| Sec. 103-5. Speedy trial.)
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| (a) Every person in custody in this State for an alleged |
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| offense shall
be tried by the court having jurisdiction within |
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| 120 days from the date he
was taken into custody unless delay |
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| is occasioned by the defendant, by an
examination for fitness |
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| ordered pursuant to Section 104-13 of this Act, by
a fitness |
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| hearing, by an adjudication of unfitness to stand trial, by a
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| continuance allowed pursuant to Section 114-4 of this Act after |
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| a court's
determination of the defendant's physical incapacity |
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| for trial, or by an
interlocutory appeal. Delay shall be |
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| considered to be agreed to by the
defendant unless he or she |
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| objects to the delay by making a written demand for
trial or an |
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| oral demand for trial on the record. The provisions of this |
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| subsection
(a) do not apply to a person on bail or recognizance |
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| for an offense
but who is in custody for a violation of his or |
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| her parole or mandatory
supervised release for another offense.
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| The 120-day term must be one continuous period of |
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| incarceration. In
computing the 120-day term, separate periods |
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LRB094 18675 RLC 60648 a |
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| of incarceration may not be
combined. If a defendant is taken |
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| into custody a second (or subsequent) time
for the same |
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| offense, the term will begin again at day zero.
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| (b) Every person on bail or recognizance shall be tried by |
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| the court
having jurisdiction within 160 days from the date |
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| defendant demands
trial unless delay is occasioned by the |
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| defendant, by an examination for
fitness ordered pursuant to |
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| Section 104-13 of this Act, by a fitness
hearing, by an |
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| adjudication of unfitness to stand trial, by a continuance
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| allowed pursuant to Section 114-4 of this Act after a court's |
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| determination
of the defendant's physical incapacity for |
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| trial, or by an interlocutory
appeal. The defendant's failure |
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| to appear for any court date set by the
court operates to waive |
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| the defendant's demand for trial made under this
subsection.
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| For purposes of computing the 160 day period under this |
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| subsection (b),
every person who was in custody for an alleged |
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| offense and demanded trial
and is subsequently released on bail |
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| or recognizance and demands trial,
shall be given credit for |
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| time spent in custody following the making of the
demand while |
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| in custody. Any demand for trial made under this
subsection (b)
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| shall be in writing; and in the
case of a defendant not in |
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| custody, the
demand for trial shall include the date of any |
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| prior demand made under this
provision while the defendant was |
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| in custody.
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| (c) If the court determines that the State has exercised |
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| without
success due diligence to obtain evidence material to |
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| the case and that
there are reasonable grounds to believe that |
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| such evidence may be
obtained at a later day the court may |
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| continue the cause on application
of the State for not more |
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| than an additional 60 days. If the court
determines that the |
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| State has exercised without success due diligence to
obtain |
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| results of DNA testing that is material to the case and that |
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| there
are reasonable grounds to believe that such results may |
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| be obtained at a
later day, the court may continue the cause on |
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LRB094 18675 RLC 60648 a |
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| application of the State for
not more than an additional 120 |
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| days.
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| (d) Every person not tried in accordance with subsections |
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| (a), (b)
and (c) of this Section shall be discharged from |
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| custody or released
from the obligations of his bail or |
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| recognizance.
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| (e) If a person is simultaneously in custody upon more than |
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| one
charge pending against him in the same county, or |
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| simultaneously demands
trial upon more than one charge pending |
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| against him in the same county,
he shall be tried, or adjudged |
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| guilty after waiver of trial, upon at
least one such charge |
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| before expiration relative to any of such pending
charges of |
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| the period prescribed by subsections (a) and (b) of this
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| Section. Such person shall be tried upon all of the remaining |
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| charges
thus pending within 160 days from the date on which |
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| judgment relative to
the first charge thus prosecuted is |
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| rendered pursuant to the Unified Code of
Corrections or, if |
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| such trial upon such first charge is terminated
without |
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| judgment and there is no subsequent trial of, or adjudication |
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| of
guilt after waiver of trial of, such first charge within a |
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| reasonable
time, the person shall be tried upon all of the |
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| remaining charges thus
pending within 160 days from the date on |
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| which such trial is terminated;
if either such period of 160 |
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| days expires without the commencement of
trial of, or |
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| adjudication of guilt after waiver of trial of, any of such
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| remaining charges thus pending, such charge or charges shall be
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| dismissed and barred for want of prosecution unless delay is |
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| occasioned
by the defendant, by an examination for fitness |
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| ordered pursuant to
Section 104-13 of this Act, by a fitness |
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| hearing, by an adjudication
of unfitness for trial, by a |
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| continuance allowed pursuant to Section
114-4 of this Act after |
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| a court's determination of the defendant's
physical incapacity |
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| for trial, or by an interlocutory appeal; provided,
however, |
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| that if the court determines that the State has exercised
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LRB094 18675 RLC 60648 a |
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| without success due diligence to obtain evidence material to |
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| the case
and that there are reasonable grounds to believe that |
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| such evidence may
be obtained at a later day the court may |
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| continue the cause on
application of the State for not more |
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| than an additional 60 days.
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| (f) Delay occasioned by the defendant shall temporarily |
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| suspend for
the time of the delay the period within which a |
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| person shall be tried as
prescribed by subsections (a), (b), or |
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| (e) of this Section and on the
day of expiration of the delay |
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| the said period shall continue at the
point at which it was |
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| suspended. Where such delay occurs within 21 days
of the end of |
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| the period within which a person shall be tried as
prescribed |
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| by subsections (a), (b), or (e) of this Section, the court
may |
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| continue the cause on application of the State for not more |
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| than an
additional 21 days beyond the period prescribed by |
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| subsections (a), (b), or
(e). This subsection (f) shall become |
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| effective on, and apply to persons
charged with alleged |
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| offenses committed on or after, March 1, 1977.
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| (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)
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| Section 10. The County Jail Act is amended by changing |
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| Section 5 as follows: |
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| (730 ILCS 125/5) (from Ch. 75, par. 105)
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| Sec. 5. Costs of maintaining prisoners.
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| (a) Except as provided in subsections
subsection (b) and |
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| (c) , all costs of maintaining persons
committed for violations |
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| of Illinois law, shall be the responsibility of the
county. |
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| Except as provided in subsection (b), all costs of maintaining
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| persons committed under any ordinance or resolution of a unit |
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| of local
government, including medical costs, is the |
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| responsibility of the unit of local
government enacting the |
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| ordinance or resolution, and arresting the person.
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| (b) If a person who is serving a term of mandatory |
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09400SB2684ham001 |
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LRB094 18675 RLC 60648 a |
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| supervised release for
has been convicted of a felony and has |
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| violated
mandatory supervised release for that felony is |
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| incarcerated in a county jail
pending the resolution of the |
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| violation of mandatory supervised release , the
Illinois |
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| Department of Corrections shall pay the county in which that |
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| jail is
located one-half of the cost of incarceration, as |
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| calculated by the Governor's Office of Management and Budget |
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| and the county's chief financial officer, for each day
that the |
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| person remains in the county jail after notice of the
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| incarceration is given to the Illinois Department of
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| Corrections by the county, provided that (i) the Illinois
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| Department of Corrections has issued a warrant for an alleged
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| violation of mandatory supervised release by the person; (ii)
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| if the person is incarcerated on a new charge, unrelated to the
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| offense for which he or she is on mandatory supervised release,
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| there has been a court hearing at which bail has been set on
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| the new charge; (iii) the county has notified the Illinois
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| Department of Corrections that the person is incarcerated in
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| the county jail, which notice shall not be given until the bail
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| hearing has concluded, if the person is incarcerated on a new
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| charge; and (iv) the person remains incarcerated in the county
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| jail for more than 48 hours after the notice has been given to
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| the Department of Corrections by the county . Calculation of the |
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| per diem cost
shall be agreed upon prior to the passage of the |
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| annual State budget.
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| (c) If a person who is serving a term of mandatory
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| supervised release is incarcerated in a county jail, following
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| an arrest on a warrant issued by the Illinois Department of
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| Corrections, solely for violation of a condition of mandatory
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| supervised release and not on any new charges for a new
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| offense, then the Illinois Department of Corrections shall pay
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| the medical costs incurred by the county in securing treatment
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| for that person, for any injury or condition other than one
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| arising out of or in conjunction with the arrest of the person
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