Bill Text: IL HB6309 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if the defendant pleads guilty the plea shall not be accepted until the court shall have fully explained to the defendant the following: (1) the maximum and minimum penalty provided by law for the offense which may be imposed by the court (rather than the consequences of the plea and the maximum penalty provided by law for the offense which may be imposed by the court); (2) any possible increased sentence by reason of the fact of a prior conviction or future conviction and any possibility of the imposition of consecutive sentences; (3) any registration requirement that accompanies the plea and the restrictions associated with the registration; and (4) the consequences of the plea on a defendants's ability to: (A) retain or obtain housing in the public or private market; (B) acquire loans for educational or other purposes; (C) enroll in certain degree programs; (D) retain or obtain employment; (E) retain or obtain an occupational or driver's license; (F) possess a firearm; and (G) retain or obtain custody of a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB6309 Detail]
Download: Illinois-2013-HB6309-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 113-4 as follows:
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6 | (725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
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7 | Sec. 113-4. Plea. (a) When called upon to plead at | |||||||||||||||||||
8 | arraignment the defendant
shall be furnished with a copy of the | |||||||||||||||||||
9 | charge and shall plead guilty, guilty
but mentally ill, or not | |||||||||||||||||||
10 | guilty.
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11 | (b) If the defendant stands mute a plea of not guilty shall | |||||||||||||||||||
12 | be entered
for him and the trial shall proceed on such plea.
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13 | (c) If the defendant pleads guilty such plea shall not be | |||||||||||||||||||
14 | accepted until
the court shall have fully explained to the | |||||||||||||||||||
15 | defendant the following: | |||||||||||||||||||
16 | (1) consequences of
such plea and the maximum and | |||||||||||||||||||
17 | minimum penalty provided by law for the offense which
may | |||||||||||||||||||
18 | be imposed by the court ; | |||||||||||||||||||
19 | (2) any possible increased sentence by reason of the | |||||||||||||||||||
20 | fact of a prior conviction or future conviction and any | |||||||||||||||||||
21 | possibility of the imposition of consecutive sentences; | |||||||||||||||||||
22 | (3) any registration requirement that accompanies the | |||||||||||||||||||
23 | plea and the restrictions associated with the |
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1 | registration; and | ||||||
2 | (4) the consequences of the plea on a defendants's | ||||||
3 | ability to: | ||||||
4 | (A) retain or obtain housing in the public or | ||||||
5 | private market; | ||||||
6 | (B) acquire loans for educational or other | ||||||
7 | purposes; | ||||||
8 | (C) enroll in certain degree programs; | ||||||
9 | (D) retain or obtain employment; | ||||||
10 | (E) retain or obtain an occupational or driver's | ||||||
11 | license; | ||||||
12 | (F) possess a firearm; and | ||||||
13 | (G) retain or obtain custody of a child . | ||||||
14 | After such explanation if the defendant understandingly
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15 | persists in his plea it shall be accepted by the court and | ||||||
16 | recorded.
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17 | (d) If the defendant pleads guilty but mentally ill, the | ||||||
18 | court shall
not accept such a plea until the defendant has | ||||||
19 | undergone examination by
a clinical psychologist or | ||||||
20 | psychiatrist
and the judge has examined the psychiatric or | ||||||
21 | psychological
report or reports, held a hearing on
the issue of | ||||||
22 | the defendant's mental condition and is satisfied that there
is | ||||||
23 | a factual basis that the defendant was mentally ill at the time | ||||||
24 | of the
offense to which the plea is entered.
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25 | (e) If a defendant pleads not guilty, the court shall | ||||||
26 | advise him at
that time or at any later court date on which he |
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1 | is present that if he escapes from
custody or is released on | ||||||
2 | bond and fails to appear in court when required
by the court | ||||||
3 | that his failure to appear would constitute a waiver of his
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4 | right to confront the witnesses against him and trial could | ||||||
5 | proceed in his absence.
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6 | (Source: P.A. 82-553.)
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