HB4683eng 99TH GENERAL ASSEMBLY

HB4683 Engrossed LRB099 15776 MRW 40082 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding the heading of Article 121A and Sections 121A-1, 121A-2, and 121A-3 as follows:

(725 ILCS 5/Art. 121A heading new)

ARTICLE 121A. PENDING APPEAL AFTER DEFENDANT'S DEATH

(725 ILCS 5/121A-1 new)

Sec. 121A-1. Application of Article.

Unless otherwise provided by Rules of the Supreme Court, this Article shall govern pending review in all criminal cases after the death of the defendant.

(725 ILCS 5/121A-2 new)

Sec. 121A-2. Pending appeal by the State after the defendant's death.

(a) Whenever the prosecuting attorney on appeal of a criminal case by the State learns of the death of the defendant, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the court before which the appeal is pending.

(b) If a certificate of notice of the defendant's death has not been filed under subsection (a) of this Section, the executor or administrator of the defendant's estate or other successor in interest shall have standing to file a certificate of notice of the defendant's death with the court before which the appeal is pending, and he or she shall promptly notify the other parties and file a certificate of notice of the defendant's death with the court before which the appeal is pending.

(c) Upon the filing of the certificate under subsection (a) or (b) of this Section, the court shall vacate the judgment and sentence of the trial court and the cause shall be forever abated.

(725 ILCS 5/121A-3 new)

Sec. 121A-3. Pending appeal by the defendant after the defendant's death.

(a) Whenever the prosecuting attorney learns of the death of the defendant on appeal of a criminal case by the defendant, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the court before which the appeal is pending.

(b) If a certificate of notice of the defendant's death has not been filed under subsection (a) of this Section, the executor or administrator of the defendant's estate or other successor in interest shall have standing to file a certificate of notice of the defendant's death with the court before which the appeal is pending, and he or she shall promptly notify the other parties and file a certificate of notice of the defendant's death with the court before which the appeal is pending.

(c) Upon the filing of the certificate under subsection (a) or (b) of this Section, the court shall immediately stay further action in the proceeding for 28 days.

(d) The executor or administrator of the defendant's estate or other successor in interest shall have standing to petition the court for leave to intervene in the appeal for the purpose of pursuing the appeal in place of the defendant. A successor in interest shall file a petition during the period of stay under subsection (c) of this Section. If the court receives a timely petition for leave to intervene, the court shall permit the petitioning party to intervene in the appeal in place of the defendant and the appeal shall proceed in the same manner as if the defendant were still alive. If, after intervention, the appeal results in:

(1) the entry of an order affirming the decision of the trial court, the intervenor may continue to pursue the appeal on the behalf of the defendant or seek post-conviction relief to the extent that further appellate or post-conviction relief would have been available to the defendant were he or she still alive;

(2) a finding of error by the court resulting in the reversal of a defendant's conviction, the court shall vacate the judgment and sentence of the trial court and the cause shall be forever abated; or

(3) a finding of error which would require the trial court to resentence the defendant, but does not require reversal of the defendant's sentence, the court shall vacate the sentence imposed by the trial court and the conviction shall stand.

(e) If no petition for leave of the court to intervene is filed under subsection (d) of this Section, the court shall dismiss the appeal without disturbing the decision of the trial court or sentence it imposed.