HB2569sam003 99TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/25/2015

09900HB2569sam003 LRB099 07774 RLC 36122 a

AMENDMENT TO HOUSE BILL 2569

AMENDMENT NO. ______. Amend House Bill 2569 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 113-4 as follows:

(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)

Sec. 113-4. Plea. (a) When called upon to plead at arraignment the defendant shall be furnished with a copy of the charge and shall plead guilty, guilty but mentally ill, or not guilty.

(b) If the defendant stands mute a plea of not guilty shall be entered for him or her and the trial shall proceed on the such plea.

(c) If the defendant pleads guilty, the such plea shall not be accepted until the court shall have fully explained to the defendant the following:

(1) consequences of such plea and the maximum and minimum 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 and any possibility of the imposition of consecutive sentences; and

(3) any registration requirement that may result from the plea.

After the such explanation, the court shall ask the defendant in open court if the consequences of the defendant's guilty plea have been explained by defendant's counsel. If if the defendant answers in the affirmative and understandingly persists in his or her plea, it shall be accepted by the court and recorded. For purposes of this subsection (c), "consequences of the defendant's guilty plea" means all relevant consequences that the defendant's counsel shall explain in order for the defendant to make an informed decision. These consequences may include, but are not limited to, any possible increased sentence for a future conviction, any restrictions associated with a registration requirement that may result from the plea, or the reasonably foreseeable negative effect the plea may have on the defendant's ability to retain or obtain housing, retain or obtain employment, retain or obtain an occupational or driver's license, retain or obtain custody of a child, acquire loans, or possess a firearm. In determining what is a "reasonably foreseeable negative effect", defendant's counsel may take into account the defendant's age, education level, prior criminal and driving record, the nature and length of any sentence that may or will be imposed for the offense, the prior or current employment or housing of the defendant, and any other factor in the defendant's background that makes it probable that the collateral consequence of defendant's conviction would or would not affect the defendant.

(d) If the defendant pleads guilty but mentally ill, the court shall not accept that such a plea until the defendant has undergone examination by a clinical psychologist or psychiatrist and the judge has examined the psychiatric or psychological report or reports, held a hearing on the issue of the defendant's mental condition and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense to which the plea is entered.

(e) If a defendant pleads not guilty, the court shall advise him or her at that time or at any later court date on which he or she is present that if the defendant he escapes from custody or is released on bond and fails to appear in court when required by the court that his or her failure to appear would constitute a waiver of his or her right to confront the witnesses against him or her and trial could proceed in his or her absence.

(Source: P.A. 82-553.)".