| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 2569
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2569 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 113-4 as follows:
| ||||||
| 6 | (725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
| ||||||
| 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.
| ||||||
| 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.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | minimum penalty provided by law for the offense which
may | ||||||
| 2 | be imposed by the court; | ||||||
| 3 | (2) any possible increased sentence by reason of the | ||||||
| 4 | fact of a prior conviction or future conviction and any | ||||||
| 5 | possibility of the imposition of consecutive sentences; | ||||||
| 6 | (3) any registration requirement that accompanies the | ||||||
| 7 | plea and the restrictions associated with the | ||||||
| 8 | registration; and | ||||||
| 9 | (4) the consequences of the plea on the defendant's | ||||||
| 10 | ability to: | ||||||
| 11 | (A) retain or obtain housing in the public or | ||||||
| 12 | private market; | ||||||
| 13 | (B) retain or obtain employment; and | ||||||
| 14 | (C) retain or obtain a firearm, an occupational | ||||||
| 15 | license, or a driver's license. | ||||||
| 16 | After such explanation if the defendant understandingly
| ||||||
| 17 | persists in his plea it shall be accepted by the court and | ||||||
| 18 | recorded.
| ||||||
| 19 | (d) If the defendant pleads guilty but mentally ill, the | ||||||
| 20 | court shall
not accept such a plea until the defendant has | ||||||
| 21 | undergone examination by
a clinical psychologist or | ||||||
| 22 | psychiatrist
and the judge has examined the psychiatric or | ||||||
| 23 | psychological
report or reports, held a hearing on
the issue of | ||||||
| 24 | the defendant's mental condition and is satisfied that there
is | ||||||
| 25 | a factual basis that the defendant was mentally ill at the time | ||||||
| 26 | of the
offense to which the plea is entered.
| ||||||
| |||||||
| |||||||
| 1 | (e) If a defendant pleads not guilty, the court shall | ||||||
| 2 | advise him at
that time or at any later court date on which he | ||||||
| 3 | is present that if he escapes from
custody or is released on | ||||||
| 4 | bond and fails to appear in court when required
by the court | ||||||
| 5 | that his failure to appear would constitute a waiver of his
| ||||||
| 6 | right to confront the witnesses against him and trial could | ||||||
| 7 | proceed in his absence.
| ||||||
| 8 | (Source: P.A. 82-553.)".
| ||||||