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90_SB1506ham003
LRB9008746RCksam04
1 AMENDMENT TO SENATE BILL 1506
2 AMENDMENT NO. . Amend Senate Bill 1506 on page 2, by
3 inserting between lines 12 and 13 the following:
4 "Section 6. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 115-4.1 as follows:
6 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
7 Sec. 115-4.1. Absence of defendant. (a) When a defendant
8 after arrest and an initial court appearance for a
9 non-capital felony or a misdemeanor, fails to appear for
10 trial, at the request of the State and after the State has
11 affirmatively proven through substantial evidence that the
12 defendant is willfully avoiding trial, the court may commence
13 trial in the absence of the defendant. Absence of a
14 defendant as specified in this Section shall not be a bar to
15 indictment of a defendant, return of information against a
16 defendant, or arraignment of a defendant for the charge for
17 which bail has been granted. If a defendant fails to appear
18 at arraignment, the court may enter a plea of "not guilty" on
19 his behalf. If a defendant absents himself before trial on a
20 capital felony, trial may proceed as specified in this
21 Section provided that the State certifies that it will not
22 seek a death sentence following conviction. Trial in the
-2- LRB9008746RCksam04
1 defendant's absence shall be by jury unless the defendant had
2 previously waived trial by jury. The absent defendant must
3 be represented by retained or appointed counsel. The court,
4 at the conclusion of all of the proceedings, may order the
5 clerk of the circuit court to pay counsel such sum as the
6 court deems reasonable, from any bond monies which were
7 posted by the defendant with the clerk, after the clerk has
8 first deducted all court costs. If trial had previously
9 commenced in the presence of the defendant and the defendant
10 willfully absents himself for two successive court days, the
11 court shall proceed to trial. All procedural rights
12 guaranteed by the United States Constitution, Constitution of
13 the State of Illinois, statutes of the State of Illinois, and
14 rules of court shall apply to the proceedings the same as if
15 the defendant were present in court and had not either
16 forfeited his bail bond or escaped from custody. The court
17 may set the case for a trial which may be conducted under
18 this Section despite the failure of the defendant to appear
19 at the hearing at which the trial date is set. When such
20 trial date is set the clerk shall send to the defendant, by
21 certified mail at his last known address indicated on his
22 bond slip, notice of the new date which has been set for
23 trial. Such notification shall be required when the
24 defendant was not personally present in open court at the
25 time when the case was set for trial.
26 (b) The absence of a defendant from a trial conducted
27 pursuant to this Section does not operate as a bar to
28 concluding the trial, to a judgment of conviction resulting
29 therefrom, or to a final disposition of the trial in favor of
30 the defendant.
31 (c) Upon a verdict of not guilty, the court shall enter
32 judgment for the defendant. Upon a verdict of guilty, the
33 court shall set a date for the hearing of post-trial motions
34 and shall hear such motion in the absence of the defendant.
-3- LRB9008746RCksam04
1 If post-trial motions are denied, the court shall proceed to
2 conduct a sentencing hearing and to impose a sentence upon
3 the defendant.
4 (d) A defendant who is absent for part of the
5 proceedings of trial, post-trial motions, or sentencing, does
6 not thereby forfeit his right to be present at all remaining
7 proceedings.
8 (e) When a defendant who in his absence has been either
9 convicted or sentenced or both convicted and sentenced
10 appears before the court, he must be granted a new trial or
11 new sentencing hearing if the defendant can establish that
12 his failure to appear in court was both without his fault and
13 due to circumstances beyond his control. A hearing with
14 notice to the State's Attorney on the defendant's request for
15 a new trial or a new sentencing hearing must be held before
16 any such request may be granted. At any such hearing both
17 the defendant and the State may present evidence.
18 (f) If the court grants only the defendant's request for
19 a new sentencing hearing, then a new sentencing hearing
20 shall be held in accordance with the provisions of the
21 Unified Code of Corrections. At any such hearing, both the
22 defendant and the State may offer evidence of the defendant's
23 conduct during his period of absence from the court. The
24 court may impose any sentence authorized by the Unified Code
25 of Corrections and is not in any way limited or restricted by
26 any sentence previously imposed.
27 (g) A defendant whose motion under paragraph (e) for a
28 new trial or new sentencing hearing has been denied may file
29 a notice of appeal therefrom. Such notice may also include a
30 request for review of the judgment and sentence not vacated
31 by the trial court.
32 (Source: P.A. 84-945.)".