Public Act 094-1094
 
SB2684 Enrolled LRB094 18675 RLC 54486 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 103-5 as follows:
 
    (725 ILCS 5/103-5)  (from Ch. 38, par. 103-5)
    Sec. 103-5. Speedy trial.)
    (a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within
120 days from the date he was taken into custody unless delay
is occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal. Delay shall be
considered to be agreed to by the defendant unless he or she
objects to the delay by making a written demand for trial or an
oral demand for trial on the record. The provisions of this
subsection (a) do not apply to a person on bail or recognizance
for an offense but who is in custody for a violation of his or
her parole or mandatory supervised release for another offense.
    The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
    (b) Every person on bail or recognizance shall be tried by
the court having jurisdiction within 160 days from the date
defendant demands trial unless delay is occasioned by the
defendant, by an examination for fitness ordered pursuant to
Section 104-13 of this Act, by a fitness hearing, by an
adjudication of unfitness to stand trial, by a continuance
allowed pursuant to Section 114-4 of this Act after a court's
determination of the defendant's physical incapacity for
trial, or by an interlocutory appeal. The defendant's failure
to appear for any court date set by the court operates to waive
the defendant's demand for trial made under this subsection.
    For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on bail
or recognizance and demands trial, shall be given credit for
time spent in custody following the making of the demand while
in custody. Any demand for trial made under this subsection (b)
shall be in writing; and in the case of a defendant not in
custody, the demand for trial shall include the date of any
prior demand made under this provision while the defendant was
in custody.
    (c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain
results of DNA testing that is material to the case and that
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.
    (d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of his bail or
recognizance.
    (e) If a person is simultaneously in custody upon more than
one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered pursuant to the Unified Code of Corrections or, if
such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date on
which such trial is terminated; if either such period of 160
days expires without the commencement of trial of, or
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is
occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act after
a court's determination of the defendant's physical incapacity
for trial, or by an interlocutory appeal; provided, however,
that if the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days.
    (f) Delay occasioned by the defendant shall temporarily
suspend for the time of the delay the period within which a
person shall be tried as prescribed by subsections (a), (b), or
(e) of this Section and on the day of expiration of the delay
the said period shall continue at the point at which it was
suspended. Where such delay occurs within 21 days of the end of
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of this Section, the court may
continue the cause on application of the State for not more
than an additional 21 days beyond the period prescribed by
subsections (a), (b), or (e). This subsection (f) shall become
effective on, and apply to persons charged with alleged
offenses committed on or after, March 1, 1977.
(Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)
 
    Section 10. The County Jail Act is amended by changing
Section 5 as follows:
 
    (730 ILCS 125/5)  (from Ch. 75, par. 105)
    Sec. 5. Costs of maintaining prisoners.
    (a) Except as provided in subsections subsection (b) and
(c), all costs of maintaining persons committed for violations
of Illinois law, shall be the responsibility of the county.
Except as provided in subsection (b), all costs of maintaining
persons committed under any ordinance or resolution of a unit
of local government, including medical costs, is the
responsibility of the unit of local government enacting the
ordinance or resolution, and arresting the person.
    (b) If a person who is serving a term of mandatory
supervised release for has been convicted of a felony and has
violated mandatory supervised release for that felony is
incarcerated in a county jail pending the resolution of the
violation of mandatory supervised release, the Illinois
Department of Corrections shall pay the county in which that
jail is located one-half of the cost of incarceration, as
calculated by the Governor's Office of Management and Budget
and the county's chief financial officer, for each day that the
person remains in the county jail after notice of the
incarceration is given to the Illinois Department of
Corrections by the county, provided that (i) the Illinois
Department of Corrections has issued a warrant for an alleged
violation of mandatory supervised release by the person; (ii)
if the person is incarcerated on a new charge, unrelated to the
offense for which he or she is on mandatory supervised release,
there has been a court hearing at which bail has been set on
the new charge; (iii) the county has notified the Illinois
Department of Corrections that the person is incarcerated in
the county jail, which notice shall not be given until the bail
hearing has concluded, if the person is incarcerated on a new
charge; and (iv) the person remains incarcerated in the county
jail for more than 48 hours after the notice has been given to
the Department of Corrections by the county. Calculation of the
per diem cost shall be agreed upon prior to the passage of the
annual State budget.
    (c) If a person who is serving a term of mandatory
supervised release is incarcerated in a county jail, following
an arrest on a warrant issued by the Illinois Department of
Corrections, solely for violation of a condition of mandatory
supervised release and not on any new charges for a new
offense, then the Illinois Department of Corrections shall pay
the medical costs incurred by the county in securing treatment
for that person, for any injury or condition other than one
arising out of or in conjunction with the arrest of the person
or resulting from the conduct of county personnel, while he or
she remains in the county jail on the warrant issued by the
Illinois Department of Corrections.
(Source: P.A. 94-678, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/26/2007