Bill Status of SB 2801   98th General Assembly

Short Description:  CRIM PRO-UNFIT DEFENDANTS

Senate Sponsors
Sen. William R. Haine-William Delgado-Michael Noland

House Sponsors
(Rep. Elgie R. Sims, Jr.-Michael J. Zalewski and Dennis M. Reboletti)


Last Action  View All Actions

DateChamber Action
  8/22/2014SenatePublic Act . . . . . . . . . 98-1025

Statutes Amended In Order of Appearance
725 ILCS 5/104-17from Ch. 38, par. 104-17
725 ILCS 5/104-18from Ch. 38, par. 104-18
725 ILCS 5/104-20from Ch. 38, par. 104-20
725 ILCS 5/104-21from Ch. 38, par. 104-21
725 ILCS 5/104-23from Ch. 38, par. 104-23
725 ILCS 5/104-31from Ch. 38, par. 104-31
730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. If a defendant found unfit to stand trial or acquitted by reason of insanity is placed in the custody of the Department of Human Services, removes the ability of the court to order placement in a non-secure setting within the Department if compelling reasons exist. Any defendant sent to the Department shall be held in a secure setting. For an unfit defendant charged with a misdemeanor, changes the period of time in which the defendant, with treatment, may be expected to attain fitness for purposes of fitness determinations from one year to no longer than the length of sentence if convicted of the most serious offense. If an unfit defendant refuses psychotropic medication, allows the medication to be administered over the defendant's objections as provided in the Mental Health and Developmental Disabilities Code. Allows any unfit defendant in the Department of Human Services custody (rather than only those ordered into s secure setting by the court) to be transported to court hearings or other necessary appointments off facility grounds by personnel of the Department, placed in security devices or otherwise secured during the period of transportation to assure secure transport of the defendant and the safety of Department of Human Services personnel and others. Effective immediately.

House Floor Amendment No. 1
Adds reference to:
725 ILCS 5/104-15from Ch. 38, par. 104-15

Further amends the Code of Criminal Procedure of 1963. Provides that a person retained by the State or the defense to conduct a fitness examination shall, upon written request, make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant. Requires a forensic interview to be videotaped, unless impractical. If the interview is not videotaped, the examiner may still testify and the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. Allows an examiner to use these materials as part of a diagnosis or explanation. Prohibits disclosure of the examination's contents except as otherwise provided in the Code. These changes are effective January 1, 2015, and the rest of the bill is effective immediately.

House Floor Amendment No. 2
Provides that the amendatory changes apply to persons appointed as well as retained by the State or defense to conduct the fitness examination.

Actions 
DateChamber Action
  1/30/2014SenateFiled with Secretary by Sen. William R. Haine
  1/30/2014SenateFirst Reading
  1/30/2014SenateReferred to Assignments
  2/11/2014SenateAssigned to Criminal Law
  2/19/2014SenateDo Pass Criminal Law; 010-000-000
  2/19/2014SenatePlaced on Calendar Order of 2nd Reading February 20, 2014
  2/20/2014SenateSecond Reading
  2/20/2014SenatePlaced on Calendar Order of 3rd Reading February 25, 2014
  3/4/2014SenateThird Reading - Passed; 052-000-000
  3/4/2014HouseArrived in House
  3/4/2014HouseChief House Sponsor Rep. Elgie R. Sims, Jr.
  3/4/2014HouseFirst Reading
  3/4/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Judiciary
  5/7/2014HouseDo Pass / Short Debate Judiciary; 015-000-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/13/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Michael J. Zalewski
  5/13/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/14/2014HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  5/15/2014SenateAdded as Chief Co-Sponsor Sen. William Delgado
  5/16/2014HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Zalewski
  5/20/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 016-000-000
  5/20/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Zalewski
  5/20/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/20/2014HouseAdded Alternate Co-Sponsor Rep. Dennis M. Reboletti
  5/21/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-001-000
  5/22/2014HouseSecond Reading - Short Debate
  5/22/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/27/2014HouseHouse Floor Amendment No. 1 Adopted
  5/27/2014HouseHouse Floor Amendment No. 2 Adopted
  5/27/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2014HouseThird Reading - Short Debate - Passed 115-000-000
  5/28/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/28/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 29, 2014
  5/28/2014SenateAdded as Chief Co-Sponsor Sen. Michael Noland
  5/28/2014SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/28/2014SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/28/2014SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. William R. Haine
  5/28/2014SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/29/2014SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/29/2014SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
  5/30/2014SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 008-000-000
  5/30/2014SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 008-000-000
  5/30/2014SenateHouse Floor Amendment No. 1 Senate Concurs 056-000-000
  5/30/2014SenateHouse Floor Amendment No. 2 Senate Concurs 056-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/22/2014SenateGovernor Approved
  8/22/2014SenateEffective Date August 22, 2014; Some portions effective this date.
  8/22/2014SenateEffective Date January 1, 2015; Some portions effective this date.
  8/22/2014SenatePublic Act . . . . . . . . . 98-1025

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