Bill Text: IL HB4683 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Criminal Procedure of 1963. Any party who learns of the death of a defendant in a criminal case that is pending on appeal 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. If the appeal is by the State, upon the filing of the certificate, the court shall vacate the judgment and sentence of the trial court and the cause shall be forever abated. If the appeal is by the defendant, upon the filing of the certificate, the court shall immediately stay further action in the proceeding for 28 days. During the stay, the executor or administrator of the defendant's estate, the defendant's attorney on appeal, the Office of the Appellate Defender, or the Public Defender in the county in which the defendant was convicted, 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. 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: (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. If no petition for leave of the court to intervene is filed, the court shall dismiss the appeal without disturbing the decision of the trial court or sentence it imposed.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0778 [HB4683 Detail]
Download: Illinois-2015-HB4683-Enrolled.html
Bill Title: Amends the Code of Criminal Procedure of 1963. Any party who learns of the death of a defendant in a criminal case that is pending on appeal 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. If the appeal is by the State, upon the filing of the certificate, the court shall vacate the judgment and sentence of the trial court and the cause shall be forever abated. If the appeal is by the defendant, upon the filing of the certificate, the court shall immediately stay further action in the proceeding for 28 days. During the stay, the executor or administrator of the defendant's estate, the defendant's attorney on appeal, the Office of the Appellate Defender, or the Public Defender in the county in which the defendant was convicted, 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. 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: (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. If no petition for leave of the court to intervene is filed, the court shall dismiss the appeal without disturbing the decision of the trial court or sentence it imposed.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2016-08-12 - Public Act . . . . . . . . . 99-0778 [HB4683 Detail]
Download: Illinois-2015-HB4683-Enrolled.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 adding Section 115-4.5, the heading of Article 121A, | ||||||
| 6 | and Sections 121A-1 and 121A-2 as follows:
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| 7 | (725 ILCS 5/115-4.5 new) | ||||||
| 8 | Sec. 115-4.5. Death of defendant. | ||||||
| 9 | Whenever the prosecuting attorney learns of the death of | ||||||
| 10 | the defendant prior to the entry of a final and appealable | ||||||
| 11 | judgment in a criminal case, he or she shall promptly notify | ||||||
| 12 | the other party and file a certificate of notice of the | ||||||
| 13 | defendant's death with the circuit court before which the case | ||||||
| 14 | is pending. Upon filing of the certificate, the court shall | ||||||
| 15 | enter an order abating the proceedings ab initio.
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| 16 | (725 ILCS 5/Art. 121A heading new) | ||||||
| 17 | ARTICLE 121A. PENDING DIRECT APPEAL AFTER DEFENDANT'S DEATH | ||||||
| 18 | (725 ILCS 5/121A-1 new) | ||||||
| 19 | Sec. 121A-1. Application of Article. | ||||||
| 20 | Unless otherwise provided by Rules of the Supreme Court, | ||||||
| 21 | this Article
shall govern pending direct appeal in all criminal | ||||||
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| 1 | cases after the death of the defendant.
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| 2 | (725 ILCS 5/121A-2 new) | ||||||
| 3 | Sec. 121A-2. Pending direct appeal after the defendant's | ||||||
| 4 | death. | ||||||
| 5 | (a) Whenever the prosecuting attorney learns of the death | ||||||
| 6 | of the defendant following the entry of a final and appealable | ||||||
| 7 | judgment but prior to the conclusion of the defendant's direct | ||||||
| 8 | appeal from the conviction, he or she shall promptly notify the | ||||||
| 9 | other party and file a certificate of notice of the defendant's | ||||||
| 10 | death with the reviewing court before which the direct appeal | ||||||
| 11 | is pending. | ||||||
| 12 | (b) Unless the executor or administrator of the defendant's | ||||||
| 13 | estate or other successor in interest files a verified motion | ||||||
| 14 | to intervene in the direct appeal within 30 days of the filing | ||||||
| 15 | of the certificate under subsection (a) of this Section, the | ||||||
| 16 | reviewing court shall dismiss the direct appeal without | ||||||
| 17 | disturbing the judgment of the circuit court. | ||||||
| 18 | (c) If the court receives a timely petition for leave to | ||||||
| 19 | intervene by an authorized party, the reviewing court shall | ||||||
| 20 | permit the petitioning party to intervene in the direct appeal | ||||||
| 21 | in place of the defendant and the direct appeal shall proceed | ||||||
| 22 | in the same manner as if the defendant were still alive. The | ||||||
| 23 | authority to intervene shall terminate automatically upon | ||||||
| 24 | completion of the proceedings in the direct appeal. | ||||||
| 25 | (d) Nothing in this Section shall be construed to authorize | ||||||
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