Sen. Terry Link
Filed: 5/12/2016
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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 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 |
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1 | minimum penalty provided by law for the offense which
may | ||||||
2 | be imposed by the court ; | ||||||
3 | (2) as a consequence of a conviction or a plea of | ||||||
4 | guilty, the sentence for any future conviction may be | ||||||
5 | increased or there may be a higher possibility of the | ||||||
6 | imposition of consecutive sentences; | ||||||
7 | (3) as a consequence of a conviction or a plea of | ||||||
8 | guilty, there may be registration requirements that | ||||||
9 | restrict where the defendant may work, live, or be present; | ||||||
10 | and | ||||||
11 | (4) as a consequence of a conviction or a plea of | ||||||
12 | guilty, there may be an impact upon the defendant's ability | ||||||
13 | to, among others: | ||||||
14 | (A) retain or obtain housing in the public or | ||||||
15 | private market; | ||||||
16 | (B) retain or obtain employment; and | ||||||
17 | (C) retain or obtain a firearm, an occupational | ||||||
18 | license, or a driver's license. | ||||||
19 | After such explanation if the defendant understandingly
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20 | persists in his plea it shall be accepted by the court and | ||||||
21 | recorded.
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22 | (d) If the defendant pleads guilty but mentally ill, the | ||||||
23 | court shall
not accept such a plea until the defendant has | ||||||
24 | undergone examination by
a clinical psychologist or | ||||||
25 | psychiatrist
and the judge has examined the psychiatric or | ||||||
26 | psychological
report or reports, held a hearing on
the issue of |
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1 | the defendant's mental condition and is satisfied that there
is | ||||||
2 | a factual basis that the defendant was mentally ill at the time | ||||||
3 | of the
offense to which the plea is entered.
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4 | (e) If a defendant pleads not guilty, the court shall | ||||||
5 | advise him at
that time or at any later court date on which he | ||||||
6 | is present that if he escapes from
custody or is released on | ||||||
7 | bond and fails to appear in court when required
by the court | ||||||
8 | that his failure to appear would constitute a waiver of his
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9 | right to confront the witnesses against him and trial could | ||||||
10 | proceed in his absence.
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11 | (Source: P.A. 82-553.)".
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