Rep. Patricia R. Bellock
Filed: 3/23/2015
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3373 




2    AMENDMENT NO. ______. Amend House Bill 3373 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Sections 120-5 and 121-14 as follows:
 
6    (725 ILCS 5/120-5 new)
7    Sec. 120-5. Appeal; defendant's death.
8    (a) Any party who learns of the death of a defendant in a 
9criminal case that is pending on an appeal by the State shall 
10notify the court and all other parties of the death within 28 
11days after learning of the death. Any party may move to dismiss 
12the appeal, and upon this motion the court shall dismiss the 
13State's appeal.
 
14    (725 ILCS 5/121-14 new)
15    Sec. 121-14. Appeal; defendant's death or escape.
 
 
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1    (a) Any party who learns of the death of a defendant in a 
2criminal case that is pending on an appeal by the defendant 
3shall notify the court and all other parties of the death 
4within 28 days after learning of the death. Any party may move 
5to dismiss the appeal.
6        (1) If the appeal is from a judgment of conviction and 
7    sentence, the party filing the notice also may, 
8    concurrently with filing the notice of the defendant's 
9    death, file a memorandum addressing whether the court 
10    should dismiss the appeal or vacate the judgment, or both. 
11    Within 28 days after the filing of the notice of the 
12    defendant's death, any other party or interested person may 
13    file a memorandum addressing the same issues.
14        (2) The following are presumptive dispositions under 
15    this subsection:
16            (A) If the defendant has made an assignment of 
17        error that, if successful, would result in reversal of 
18        the conviction, the court shall vacate the judgment and 
19        dismiss the appeal.
20            (B) If the defendant has assigned error only to a 
21        part of the sentence other than a monetary provision, 
22        the court shall dismiss the appeal but shall not vacate 
23        the judgment.
24            (C) If the defendant has assigned error to a 
25        monetary provision of the sentence, the court shall 
26        dismiss the appeal and vacate the challenged monetary 
 
 
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1        provision, but shall not vacate the remainder of the 
2        judgment.
3            (D) Notwithstanding subparagraphs (A), (B), and 
4        (C) of this paragraph (2), if the defendant dies after 
5        issuance of an appellate court  decision affirming the 
6        judgment and after all right to petition for review has 
7        expired, the court shall dismiss the appeal but shall 
8        not vacate the judgment. 
9    (b) If a defendant in a criminal case, a petitioner in a 
10post-conviction relief proceeding, a plaintiff in a habeas 
11corpus proceeding, a petitioner in a parole review proceeding, 
12or a petitioner in a prison disciplinary case, on appeal of an 
13adverse decision, escapes or absconds from custody or 
14supervision, the respondent on appeal may move for dismissal of 
15the appeal. If the appellant is not in custody or under 
16supervision at the time the motion is decided by the court, the 
17court may dismiss the appeal or judicial review. 
 
 
18    Section 99. Effective date. This Act takes effect upon 
19becoming law.".