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90_HB3006
725 ILCS 5/115-3 from Ch. 38, par. 115-3
Amends the Code of Criminal Procedure of 1963. Makes
stylistic changes in Section relating to trial by the court.
LRB9010301RCks
LRB9010301RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-3.
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 Section 115-3 as follows:
7 (725 ILCS 5/115-3) (from Ch. 38, par. 115-3)
8 Sec. 115-3. Trial by the Court. (a) A trial shall be
9 conducted in the presence of the defendant unless he or she
10 waives the right to be present.
11 (b) Upon conclusion of the trial the court shall enter a
12 general finding, except that, when the affirmative defense of
13 insanity has been presented during the trial and acquittal is
14 based solely upon the defense of insanity, the court shall
15 enter a finding of not guilty by reason of insanity. In the
16 event of a finding of not guilty by reason of insanity, a
17 hearing shall be held pursuant to the Mental Health and
18 Developmental Disabilities Code to determine whether the
19 defendant is subject to involuntary admission.
20 (c) When the defendant has asserted a defense of
21 insanity, the court may find the defendant guilty but
22 mentally ill if, after hearing all of the evidence, the court
23 finds that:
24 (1) the State has proven beyond a reasonable doubt that
25 the defendant is guilty of the offense charged; and
26 (2) the defendant has failed to prove his or her
27 insanity as required in subsection (b) of Section 3-2 of the
28 Criminal Code of 1961, as amended, and subsections (a), (b)
29 and (e) of Section 6-2 of the Criminal Code of 1961, as
30 amended; and
31 (3) the defendant has proven by a preponderance of the
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1 evidence that he or she was mentally ill, as defined in
2 subsections (c) and (d) of Section 6-2 of the Criminal Code
3 of 1961, as amended, at the time of the offense.
4 (Source: P.A. 86-392.)