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| | HB4683 Enrolled | | LRB099 15776 MRW 40082 b |
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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
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| 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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| | HB4683 Enrolled | - 2 - | LRB099 15776 MRW 40082 b |
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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 |