Sen. Terry Link
Filed: 5/25/2015
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1 | AMENDMENT TO HOUSE BILL 2569
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2 | AMENDMENT NO. ______. Amend House Bill 2569 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 or her and the trial shall proceed on the | ||||||
13 | such plea.
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14 | (c) If the defendant pleads guilty , the such plea shall not | ||||||
15 | be accepted until
the court shall have fully explained to the | ||||||
16 | defendant the following: |
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1 | (1) consequences of
such plea and the maximum and | ||||||
2 | minimum penalty provided by law for the offense which
may | ||||||
3 | be imposed by the court ; | ||||||
4 | (2) any possible increased sentence by reason of the | ||||||
5 | fact of a prior conviction and any possibility of the | ||||||
6 | imposition of consecutive sentences; and | ||||||
7 | (3) any registration requirement that may result from | ||||||
8 | the plea . | ||||||
9 | After the such explanation , the court shall ask the defendant | ||||||
10 | in open court if the consequences of the defendant's guilty | ||||||
11 | plea have been explained by defendant's counsel. If if the | ||||||
12 | defendant answers in the affirmative and understandingly
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13 | persists in his or her plea , it shall be accepted by the court | ||||||
14 | and recorded. For purposes of this subsection (c), | ||||||
15 | "consequences of the defendant's guilty plea" means all | ||||||
16 | relevant consequences that the defendant's counsel shall | ||||||
17 | explain in order for the defendant to make an informed | ||||||
18 | decision. These consequences may include, but are not limited | ||||||
19 | to, any possible increased sentence for a future conviction, | ||||||
20 | any restrictions associated with a registration requirement | ||||||
21 | that may result from the plea, or the reasonably foreseeable | ||||||
22 | negative effect the plea may have on the defendant's ability to | ||||||
23 | retain or obtain housing, retain or obtain employment, retain | ||||||
24 | or obtain an occupational or driver's license, retain or obtain | ||||||
25 | custody of a child, acquire loans, or possess a firearm. In | ||||||
26 | determining what is a "reasonably foreseeable negative |
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1 | effect", defendant's counsel may take into account the | ||||||
2 | defendant's age, education level, prior criminal and driving | ||||||
3 | record, the nature and length of any sentence that may or will | ||||||
4 | be imposed for the offense, the prior or current employment or | ||||||
5 | housing of the defendant, and any other factor in the | ||||||
6 | defendant's background that makes it probable that the | ||||||
7 | collateral consequence of defendant's conviction would or | ||||||
8 | would not affect the defendant.
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9 | (d) If the defendant pleads guilty but mentally ill, the | ||||||
10 | court shall
not accept that such a plea until the defendant has | ||||||
11 | undergone examination by
a clinical psychologist or | ||||||
12 | psychiatrist
and the judge has examined the psychiatric or | ||||||
13 | psychological
report or reports, held a hearing on
the issue of | ||||||
14 | the defendant's mental condition and is satisfied that there
is | ||||||
15 | a factual basis that the defendant was mentally ill at the time | ||||||
16 | of the
offense to which the plea is entered.
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17 | (e) If a defendant pleads not guilty, the court shall | ||||||
18 | advise him or her at
that time or at any later court date on | ||||||
19 | which he or she is present that if the defendant he escapes | ||||||
20 | from
custody or is released on bond and fails to appear in | ||||||
21 | court when required
by the court that his or her failure to | ||||||
22 | appear would constitute a waiver of his
or her right to | ||||||
23 | confront the witnesses against him or her and trial could | ||||||
24 | proceed in his or her absence.
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25 | (Source: P.A. 82-553.)".
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