Bill Amendment: IL HB4683 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM PRO-APPEAL-DEFENDNT DEATH

Status: 2016-08-12 - Public Act . . . . . . . . . 99-0778 [HB4683 Detail]

Download: Illinois-2015-HB4683-House_Amendment_001.html

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Rep. Patricia R. Bellock

Filed: 4/7/2016

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AMENDMENT TO HOUSE BILL 4683
AMENDMENT NO. ______. Amend House Bill 4683 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by adding the heading of Article 121A and Sections
121A-1, 121A-2, and 121A-3 as follows:
(725 ILCS 5/Art. 121A heading new)
ARTICLE 121A. PENDING APPEAL AFTER DEFENDANT'S DEATH
(725 ILCS 5/121A-1 new)
Sec. 121A-1. Application of Article.
Unless otherwise provided by Rules of the Supreme Court,
this Article shall govern pending review in all criminal cases
after the death of the defendant.
(725 ILCS 5/121A-2 new)

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Sec. 121A-2. Pending appeal by the State after the
defendant's death.
(a) Whenever the prosecuting attorney on appeal of a
criminal case by the State learns of the death of the
defendant, he or she shall promptly notify the other party and
file a certificate of notice of the defendant's death with the
court before which the appeal is pending.
(b) If a certificate of notice of the defendant's death has
not been filed under subsection (a) of this Section, the
executor or administrator of the defendant's estate or other
successor in interest shall have standing to file a certificate
of notice of the defendant's death with the court before which
the appeal is pending, and he or she shall promptly notify the
other parties and file a certificate of notice of the
defendant's death with the court before which the appeal is
pending.
(c) Upon the filing of the certificate under subsection (a)
or (b) of this Section, the court shall vacate the judgment and
sentence of the trial court and the cause shall be forever
abated.
(725 ILCS 5/121A-3 new)
Sec. 121A-3. Pending appeal by the defendant after the
defendant's death.
(a) Whenever the prosecuting attorney learns of the death
of the defendant on appeal of a criminal case by the defendant,

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he or she shall promptly notify the other party and file a
certificate of notice of the defendant's death with the court
before which the appeal is pending.
(b) If a certificate of notice of the defendant's death has
not been filed under subsection (a) of this Section, the
executor or administrator of the defendant's estate or other
successor in interest shall have standing to file a certificate
of notice of the defendant's death with the court before which
the appeal is pending, and he or she shall promptly notify the
other parties and file a certificate of notice of the
defendant's death with the court before which the appeal is
pending.
(c) Upon the filing of the certificate under subsection (a)
or (b) of this Section, the court shall immediately stay
further action in the proceeding for 28 days.
(d) The executor or administrator of the defendant's estate
or other successor in interest shall have standing to petition
the court for leave to intervene in the appeal for the purpose
of pursuing the appeal in place of the defendant. A successor
in interest shall file a petition during the period of stay
under subsection (c) of this Section. If the court receives a
timely petition for leave to intervene, the court shall permit
the petitioning party to intervene in the appeal in place of
the defendant and the appeal shall proceed in the same manner
as if the defendant were still alive. If, after intervention,
the appeal results in:

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(1) the entry of an order affirming the decision of the
trial court, the intervenor may continue to pursue the
appeal on the behalf of the defendant or seek
post-conviction relief to the extent that further
appellate or post-conviction relief would have been
available to the defendant were he or she still alive;
(2) a finding of error by the court resulting in the
reversal of a defendant's conviction, the court shall
vacate the judgment and sentence of the trial court and the
cause shall be forever abated; or
(3) a finding of error which would require the trial
court to resentence the defendant, but does not require
reversal of the defendant's sentence, the court shall
vacate the sentence imposed by the trial court and the
conviction shall stand.
(e) If no petition for leave of the court to intervene is
filed under subsection (d) of this Section, the court shall
dismiss the appeal without disturbing the decision of the trial
court or sentence it imposed.".