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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) as a consequence of a conviction or a plea of | ||||||
20 | guilty, the sentence for any future conviction may be | ||||||
21 | increased or there may be a higher possibility of the | ||||||
22 | imposition of consecutive sentences; | ||||||
23 | (3) as a consequence of a conviction or a plea of |
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1 | guilty, there may be registration requirements that | ||||||
2 | restrict where the defendant may work, live, or be present; | ||||||
3 | and | ||||||
4 | (4) as a consequence of a conviction or a plea of | ||||||
5 | guilty, there may be an impact upon the defendant's ability | ||||||
6 | to, among others: | ||||||
7 | (A) retain or obtain housing in the public or | ||||||
8 | private market; | ||||||
9 | (B) retain or obtain employment; and | ||||||
10 | (C) retain or obtain a firearm, an occupational | ||||||
11 | license, or a driver's license. | ||||||
12 | After such explanation if the defendant understandingly
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13 | persists in his plea it shall be accepted by the court and | ||||||
14 | recorded.
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15 | (d) If the defendant pleads guilty but mentally ill, the | ||||||
16 | court shall
not accept such a plea until the defendant has | ||||||
17 | undergone examination by
a clinical psychologist or | ||||||
18 | psychiatrist
and the judge has examined the psychiatric or | ||||||
19 | psychological
report or reports, held a hearing on
the issue of | ||||||
20 | the defendant's mental condition and is satisfied that there
is | ||||||
21 | a factual basis that the defendant was mentally ill at the time | ||||||
22 | of the
offense to which the plea is entered.
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23 | (e) If a defendant pleads not guilty, the court shall | ||||||
24 | advise him at
that time or at any later court date on which he | ||||||
25 | is present that if he escapes from
custody or is released on | ||||||
26 | bond and fails to appear in court when required
by the court |
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1 | that his failure to appear would constitute a waiver of his
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2 | right to confront the witnesses against him and trial could | ||||||
3 | proceed in his absence.
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4 | (Source: P.A. 82-553.)
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