Full Text of HB3373 99th General Assembly
HB3373ham001 99TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 3/23/2015
| | 09900HB3373ham001 | | LRB099 07872 MRW 32992 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3373
| 2 | | AMENDMENT NO. ______. Amend House Bill 3373 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by adding Sections 120-5 and 121-14 as follows: | 6 | | (725 ILCS 5/120-5 new) | 7 | | Sec. 120-5. Appeal; defendant's death. | 8 | | (a) Any party who learns of the death of a defendant in a | 9 | | criminal case that is pending on an appeal by the State shall | 10 | | notify the court and all other parties of the death within 28 | 11 | | days after learning of the death. Any party may move to dismiss | 12 | | the appeal, and upon this motion the court shall dismiss the | 13 | | State's appeal. | 14 | | (725 ILCS 5/121-14 new) | 15 | | Sec. 121-14. Appeal; defendant's death or escape. |
| | | 09900HB3373ham001 | - 2 - | LRB099 07872 MRW 32992 a |
|
| 1 | | (a) Any party who learns of the death of a defendant in a | 2 | | criminal case that is pending on an appeal by the defendant | 3 | | shall notify the court and all other parties of the death | 4 | | within 28 days after learning of the death. Any party may move | 5 | | to dismiss the appeal. | 6 | | (1) If the appeal is from a judgment of conviction and | 7 | | sentence, the party filing the notice also may, | 8 | | concurrently with filing the notice of the defendant's | 9 | | death, file a memorandum addressing whether the court | 10 | | should dismiss the appeal or vacate the judgment, or both. | 11 | | Within 28 days after the filing of the notice of the | 12 | | defendant's death, any other party or interested person may | 13 | | file a memorandum addressing the same issues. | 14 | | (2) The following are presumptive dispositions under | 15 | | this subsection: | 16 | | (A) If the defendant has made an assignment of | 17 | | error that, if successful, would result in reversal of | 18 | | the conviction, the court shall vacate the judgment and | 19 | | dismiss the appeal. | 20 | | (B) If the defendant has assigned error only to a | 21 | | part of the sentence other than a monetary provision, | 22 | | the court shall dismiss the appeal but shall not vacate | 23 | | the judgment. | 24 | | (C) If the defendant has assigned error to a | 25 | | monetary provision of the sentence, the court shall | 26 | | dismiss the appeal and vacate the challenged monetary |
| | | 09900HB3373ham001 | - 3 - | LRB099 07872 MRW 32992 a |
|
| 1 | | provision, but shall not vacate the remainder of the | 2 | | judgment. | 3 | | (D) Notwithstanding subparagraphs (A), (B), and | 4 | | (C) of this paragraph (2), if the defendant dies after | 5 | | issuance of an appellate court decision affirming the | 6 | | judgment and after all right to petition for review has | 7 | | expired, the court shall dismiss the appeal but shall | 8 | | not vacate the judgment. | 9 | | (b) If a defendant in a criminal case, a petitioner in a | 10 | | post-conviction relief proceeding, a plaintiff in a habeas | 11 | | corpus proceeding, a petitioner in a parole review proceeding, | 12 | | or a petitioner in a prison disciplinary case, on appeal of an | 13 | | adverse decision, escapes or absconds from custody or | 14 | | supervision, the respondent on appeal may move for dismissal of | 15 | | the appeal. If the appellant is not in custody or under | 16 | | supervision at the time the motion is decided by the court, the | 17 | | court may dismiss the appeal or judicial review.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
|
|