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Public Act 099-0871 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 113-4 as follows:
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(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
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Sec. 113-4. Plea. (a) When called upon to plead at | ||||
arraignment the defendant
shall be furnished with a copy of the | ||||
charge and shall plead guilty, guilty
but mentally ill, or not | ||||
guilty.
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(b) If the defendant stands mute a plea of not guilty shall | ||||
be entered
for him and the trial shall proceed on such plea.
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(c) If the defendant pleads guilty such plea shall not be | ||||
accepted until
the court shall have fully explained to the | ||||
defendant the following: | ||||
(1) consequences of
such plea and the maximum and | ||||
minimum penalty provided by law for the offense which
may | ||||
be imposed by the court ; | ||||
(2) as a consequence of a conviction or a plea of | ||||
guilty, the sentence for any future conviction may be | ||||
increased or there may be a higher possibility of the | ||||
imposition of consecutive sentences; | ||||
(3) as a consequence of a conviction or a plea of |
guilty, there may be registration requirements that | ||
restrict where the defendant may work, live, or be present; | ||
and | ||
(4) as a consequence of a conviction or a plea of | ||
guilty, there may be an impact upon the defendant's ability | ||
to, among others: | ||
(A) retain or obtain housing in the public or | ||
private market; | ||
(B) retain or obtain employment; and | ||
(C) retain or obtain a firearm, an occupational | ||
license, or a driver's license. | ||
After such explanation if the defendant understandingly
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persists in his plea it shall be accepted by the court and | ||
recorded.
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(d) If the defendant pleads guilty but mentally ill, the | ||
court shall
not accept such a plea until the defendant has | ||
undergone examination by
a clinical psychologist or | ||
psychiatrist
and the judge has examined the psychiatric or | ||
psychological
report or reports, held a hearing on
the issue of | ||
the defendant's mental condition and is satisfied that there
is | ||
a factual basis that the defendant was mentally ill at the time | ||
of the
offense to which the plea is entered.
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(e) If a defendant pleads not guilty, the court shall | ||
advise him at
that time or at any later court date on which he | ||
is present that if he escapes from
custody or is released on | ||
bond and fails to appear in court when required
by the court |
that his failure to appear would constitute a waiver of his
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right to confront the witnesses against him and trial could | ||
proceed in his absence.
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(Source: P.A. 82-553.)
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