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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 113-4 as follows:
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| 6 | (725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
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| 7 | Sec. 113-4. Plea. (a) When called upon to plead at | ||||||
| 8 | arraignment the defendant
shall be furnished with a copy of the | ||||||
| 9 | charge and shall plead guilty, guilty
but mentally ill, or not | ||||||
| 10 | guilty.
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| 11 | (b) If the defendant stands mute a plea of not guilty shall | ||||||
| 12 | be entered
for him and the trial shall proceed on such plea.
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| 13 | (c) If the defendant pleads guilty such plea shall not be | ||||||
| 14 | accepted until
the court shall have fully explained to the | ||||||
| 15 | defendant the following: | ||||||
| 16 | (1) consequences of
such plea and the maximum and | ||||||
| 17 | minimum penalty provided by law for the offense which
may | ||||||
| 18 | be imposed by the court; | ||||||
| 19 | (2) any possible increased sentence by reason of the | ||||||
| 20 | fact of a prior conviction or future conviction and any | ||||||
| 21 | possibility of the imposition of consecutive sentences; | ||||||
| 22 | (3) any registration requirement that accompanies the | ||||||
| 23 | plea and the restrictions associated with the | ||||||
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| 1 | registration; and | ||||||
| 2 | (4) the consequences of the plea on a defendant's | ||||||
| 3 | ability to: | ||||||
| 4 | (A) retain or obtain housing in the public or | ||||||
| 5 | private market; | ||||||
| 6 | (B) acquire loans for educational or other | ||||||
| 7 | purposes; | ||||||
| 8 | (C) enroll in certain degree programs; | ||||||
| 9 | (D) retain or obtain employment; | ||||||
| 10 | (E) retain or obtain an occupational or driver's | ||||||
| 11 | license; | ||||||
| 12 | (F) possess a firearm; and | ||||||
| 13 | (G) retain or obtain custody of a child. | ||||||
| 14 | After such explanation if the defendant understandingly
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| 15 | persists in his plea it shall be accepted by the court and | ||||||
| 16 | recorded.
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| 17 | (d) If the defendant pleads guilty but mentally ill, the | ||||||
| 18 | court shall
not accept such a plea until the defendant has | ||||||
| 19 | undergone examination by
a clinical psychologist or | ||||||
| 20 | psychiatrist
and the judge has examined the psychiatric or | ||||||
| 21 | psychological
report or reports, held a hearing on
the issue of | ||||||
| 22 | the defendant's mental condition and is satisfied that there
is | ||||||
| 23 | a factual basis that the defendant was mentally ill at the time | ||||||
| 24 | of the
offense to which the plea is entered.
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| 25 | (e) If a defendant pleads not guilty, the court shall | ||||||
| 26 | advise him at
that time or at any later court date on which he | ||||||
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| 1 | is present that if he escapes from
custody or is released on | ||||||
| 2 | bond and fails to appear in court when required
by the court | ||||||
| 3 | that his failure to appear would constitute a waiver of his
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| 4 | right to confront the witnesses against him and trial could | ||||||
| 5 | proceed in his absence.
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| 6 | (Source: P.A. 82-553.)
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