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90_HB2850
725 ILCS 5/103-5 from Ch. 38, par. 103-5
725 ILCS 5/103-7 from Ch. 38, par. 103-7
Amends the Code of Criminal Procedure of 1963. Provides
for the tolling of the speedy trial provisions if the
defendant fails to appear on the date set for his or her
court appearance. Commences the speedy trial provisions anew
for the full period when the defendant is arrested or
surrenders to authority. Provides that if a defendant is in
custody on multiple charges, a dismissal of a charge for
failure of the State to comply with the speedy trial
provisions shall not operate to cause any of the remaining
charges commenced within the speedy trial period to be
dismissed. Provides that a continuance of a previously set
trial date upon motion of the defendant that causes an actual
delay of the trial is a delay attributable to the defendant.
Effective immediately.
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1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Sections 103-5 and 103-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Sections 103-5 and 103-7 as follows:
7 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
8 Sec. 103-5. Speedy trial.)
9 (a) Every person in custody in this State for an alleged
10 offense shall be tried by the court having jurisdiction
11 within 120 days from the date he was taken into custody
12 unless delay is occasioned by the defendant, by an
13 examination for fitness ordered pursuant to Section 104-13 of
14 this Act, by a fitness hearing, by an adjudication of
15 unfitness to stand trial, by a continuance allowed pursuant
16 to Section 114-4 of this Act after a court's determination of
17 the defendant's physical incapacity for trial, or by an
18 interlocutory appeal.
19 (b) Every person on bail or recognizance shall be tried
20 by the court having jurisdiction within 160 days from the
21 date defendant demands trial unless delay is occasioned by
22 the defendant, by an examination for fitness ordered pursuant
23 to Section 104-13 of this Act, by a fitness hearing, by an
24 adjudication of unfitness to stand trial, by a continuance
25 allowed pursuant to Section 114-4 of this Act after a court's
26 determination of the defendant's physical incapacity for
27 trial, or by an interlocutory appeal.
28 For purposes of computing the 160 day period under this
29 subsection, every person who was in custody for an alleged
30 offense and demanded trial and is subsequently released on
31 bail or recognizance and demands trial, shall be given credit
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1 for time spent in custody following the making of the demand
2 while in custody. Any demand for trial made under this
3 provision shall be in writing; and in the case of a defendant
4 not in custody, the demand for trial shall include the date
5 of any prior demand made under this provision while the
6 defendant was in custody.
7 (c) If the court determines that the State has exercised
8 without success due diligence to obtain evidence material to
9 the case and that there are reasonable grounds to believe
10 that such evidence may be obtained at a later day the court
11 may continue the cause on application of the State for not
12 more than an additional 60 days. If the court determines that
13 the State has exercised without success due diligence to
14 obtain results of DNA testing that is material to the case
15 and that there are reasonable grounds to believe that such
16 results may be obtained at a later day, the court may
17 continue the cause on application of the State for not more
18 than an additional 120 days.
19 (d) Every person not tried in accordance with
20 subsections (a), (b) and (c) of this Section shall be
21 discharged from custody or released from the obligations of
22 his bail or recognizance.
23 (e) If a person is simultaneously in custody upon more
24 than one charge pending against him in the same county, or
25 simultaneously demands trial upon more than one charge
26 pending against him in the same county, he shall be tried, or
27 adjudged guilty after waiver of trial, upon at least one such
28 charge before expiration relative to any of such pending
29 charges of the period prescribed by subsections (a) and (b)
30 of this Section. A dismissal of a charge for failure of the
31 State to comply with this Section shall not operate to cause
32 any of the remaining charges commenced within the time period
33 prescribed by this Section to be dismissed. Such person
34 shall be tried upon all of the remaining charges thus pending
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1 within 160 days from the date on which judgment relative to
2 the first charge thus prosecuted is rendered pursuant to the
3 Unified Code of Corrections or, if such trial upon such first
4 charge is terminated without judgment and there is no
5 subsequent trial of, or adjudication of guilt after waiver of
6 trial of, such first charge within a reasonable time, the
7 person shall be tried upon all of the remaining charges thus
8 pending within 160 days from the date on which such trial is
9 terminated; if either such period of 160 days expires without
10 the commencement of trial of, or adjudication of guilt after
11 waiver of trial of, any of such remaining charges thus
12 pending, such charge or charges shall be dismissed and barred
13 for want of prosecution unless delay is occasioned by the
14 defendant, by an examination for fitness ordered pursuant to
15 Section 104-13 of this Act, by a fitness hearing, by an
16 adjudication of unfitness for trial, by a continuance allowed
17 pursuant to Section 114-4 of this Act after a court's
18 determination of the defendant's physical incapacity for
19 trial, or by an interlocutory appeal; provided, however, that
20 if the court determines that the State has exercised without
21 success due diligence to obtain evidence material to the case
22 and that there are reasonable grounds to believe that such
23 evidence may be obtained at a later day the court may
24 continue the cause on application of the State for not more
25 than an additional 60 days.
26 (f) Delay occasioned by the defendant, other than as
27 provided in subsections (g) and (h), shall temporarily
28 suspend for the time of the delay the period within which a
29 person shall be tried as prescribed by subsections (a), (b),
30 or (e) of this Section and on the day of expiration of the
31 delay the said period shall continue at the point at which it
32 was suspended. Where such delay occurs within 21 days of the
33 end of the period within which a person shall be tried as
34 prescribed by subsections (a), (b), or (e) of this Section,
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1 the court may continue the cause on application of the State
2 for not more than an additional 21 days beyond the period
3 prescribed by subsections (a), (b), or (e). This subsection
4 (f) shall become effective on, and apply to persons charged
5 with alleged offenses committed on or after, March 1, 1977.
6 (g) The failure of a defendant to appear for a court
7 date shall suspend, until the arrest or surrender of the
8 defendant, the period within which the defendant shall be
9 tried as prescribed by subsection (a), (b), or (e) of this
10 Section. Upon the arrest or surrender of the defendant, the
11 period of time prescribed by those subsections shall commence
12 anew for the full period. The court shall inform the
13 defendant at the time of arraignment of the consequences of
14 his or her failure to appear as it relates to the provisions
15 of this Section.
16 (h) A continuance of a previously set trial date upon
17 motion of the defendant that causes an actual delay of the
18 trial is a delay attributable to the defendant. The time
19 between the date of the continuance and the new trial date is
20 attributable to the defendant if the new trial date is set
21 within a reasonable time and if the matter is immediately
22 reset for trial upon the granting of the continuance.
23 (Source: P.A. 86-1210; 87-281.)
24 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
25 Sec. 103-7. Posting notice of rights.
26 Every sheriff, chief of police or other person who is in
27 charge of any jail, police station or other building where
28 persons under arrest are held in custody pending
29 investigation, bail or other criminal proceedings, shall post
30 in every room, other than cells, of such buildings where
31 persons are held in custody, in conspicuous places where it
32 may be seen and read by persons in custody and others, a
33 poster, printed in large type, containing a verbatim copy in
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1 the English language of the provisions of Sections 103-- 2,
2 103--3, 103--4, 103-5, 109--1, 110--2, 110--4, and sub-parts
3 (a) and (b) of Sections 110--7 and 113--3 of this Code. Each
4 person who is in charge of any courthouse or other building
5 in which any trial of an offense is conducted shall post in
6 each room primarily used for such trials and in each room in
7 which defendants are confined or wait, pending trial, in
8 conspicuous places where it may be seen and read by persons
9 in custody and others, a poster, printed in large type,
10 containing a verbatim copy in the English language of the
11 provisions of Sections 103--6, 113--1, 113--4 and 115--1 and
12 of subparts (a) and (b) of Section 113--3 of this Code.
13 (Source: Laws 1965, p. 2622.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.