|
| | 09900HB2569sam001 | - 2 - | LRB099 07774 RLC 35917 a |
|
|
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 fully explained by defendant's counsel. If if |
12 | | the defendant answers in the affirmative and understandingly
|
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 |
16 | | consequences that the defendant's counsel deems necessary for |
17 | | the defendant to make an informed decision. These consequences |
18 | | may include, but are not limited to, any possible increased |
19 | | sentence for a future conviction, any restrictions associated |
20 | | with a registration requirement that may result from the plea, |
21 | | or the negative effect the plea may have on the defendant's |
22 | | ability to retain or obtain housing, retain or obtain |
23 | | employment, retain or obtain an occupational or driver's |
24 | | license, retain or obtain custody of a child, acquire loans, or |
25 | | possess a firearm.
|
26 | | (d) If the defendant pleads guilty but mentally ill, the |
|
| | 09900HB2569sam001 | - 3 - | LRB099 07774 RLC 35917 a |
|
|
1 | | court shall
not accept that such a plea until the defendant has |
2 | | undergone examination by
a clinical psychologist or |
3 | | psychiatrist
and the judge has examined the psychiatric or |
4 | | psychological
report or reports, held a hearing on
the issue of |
5 | | the defendant's mental condition and is satisfied that there
is |
6 | | a factual basis that the defendant was mentally ill at the time |
7 | | of the
offense to which the plea is entered.
|
8 | | (e) If a defendant pleads not guilty, the court shall |
9 | | advise him or her at
that time or at any later court date on |
10 | | which he or she is present that if the defendant he escapes |
11 | | from
custody or is released on bond and fails to appear in |
12 | | court when required
by the court that his or her failure to |
13 | | appear would constitute a waiver of his
or her right to |
14 | | confront the witnesses against him or her and trial could |
15 | | proceed in his or her absence.
|
16 | | (Source: P.A. 82-553.)".
|