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91_HB2815 LRB9104586KSdv 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 changing Section 103-5. 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 103-5 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 or she was taken into 12 custody 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. Delay shall be considered to be agreed 19 to by the defendant unless he or she objects to the delay by 20 making a written demand for trial or an oral demand for trial 21 on the record. 22 (b) Every person on bail or recognizance shall be tried 23 by the court having jurisdiction within 160 days from the 24 date defendant demands trial unless delay is occasioned by 25 the defendant, by an examination for fitness ordered pursuant 26 to Section 104-13 of this Act, by a fitness hearing, by an 27 adjudication of unfitness to stand trial, by a continuance 28 allowed pursuant to Section 114-4 of this Act after a court's 29 determination of the defendant's physical incapacity for 30 trial, or by an interlocutory appeal. 31 For purposes of computing the 160 day period under this -2- LRB9104586KSdv 1 subsection, every person who was in custody for an alleged 2 offense and demanded trial and is subsequently released on 3 bail or recognizance and demands trial, shall be given credit 4 for time spent in custody following the making of the demand 5 while in custody. Any demand for trial made under this 6 provision shall be in writing; and in the case of a defendant 7 not in custody, the demand for trial shall include the date 8 of any prior demand made under this provision while the 9 defendant was in custody. 10 (c) If the court determines that the State has exercised 11 without success due diligence to obtain evidence material to 12 the case and that there are reasonable grounds to believe 13 that such evidence may be obtained at a later day the court 14 may continue the cause on application of the State for not 15 more than an additional 60 days. If the court determines that 16 the State has exercised without success due diligence to 17 obtain results of DNA testing that is material to the case 18 and that there are reasonable grounds to believe that such 19 results may be obtained at a later day, the court may 20 continue the cause on application of the State for not more 21 than an additional 120 days. 22 (d) Every person not tried in accordance with 23 subsections (a), (b) and (c) of this Section shall be 24 discharged from custody or released from the obligations of 25 his bail or recognizance. 26 (e) If a person is simultaneously in custody upon more 27 than one charge pending against him in the same county, or 28 simultaneously demands trial upon more than one charge 29 pending against him in the same county, he shall be tried, or 30 adjudged guilty after waiver of trial, upon at least one such 31 charge before expiration relative to any of such pending 32 charges of the period prescribed by subsections (a) and (b) 33 of this Section. Such person shall be tried upon all of the 34 remaining charges thus pending within 160 days from the date -3- LRB9104586KSdv 1 on which judgment relative to the first charge thus 2 prosecuted is rendered pursuant to the Unified Code of 3 Corrections or, if such trial upon such first charge is 4 terminated without judgment and there is no subsequent trial 5 of, or adjudication of guilt after waiver of trial of, such 6 first charge within a reasonable time, the person shall be 7 tried upon all of the remaining charges thus pending within 8 160 days from the date on which such trial is terminated; if 9 either such period of 160 days expires without the 10 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 shall temporarily 27 suspend for the time of the delay the period within which a 28 person shall be tried as prescribed by subsections (a), (b), 29 or (e) of this Section and on the day of expiration of the 30 delay the said period shall continue at the point at which it 31 was suspended. Where such delay occurs within 21 days of the 32 end of the period within which a person shall be tried as 33 prescribed by subsections (a), (b), or (e) of this Section, 34 the court may continue the cause on application of the State -4- LRB9104586KSdv 1 for not more than an additional 21 days beyond the period 2 prescribed by subsections (a), (b), or (e). This subsection 3 (f) shall become effective on, and apply to persons charged 4 with alleged offenses committed on or after, March 1, 1977. 5 (Source: P.A. 90-705, eff. 1-1-99.)