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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3373 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
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| 725 ILCS 5/121-14 new | | 725 ILCS 5/122-9 new | |
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Amends the Code of Criminal Procedure of 1963. On a convicted defendant's death, requires the court to dismiss any pending appeal or post-conviction petition of the defendant. Provides a convicted defendant's death may not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine, assessment, or other sentence imposed by the sentencing court. Effective immediately.
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| | A BILL FOR |
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| | HB3373 | | LRB099 07872 MRW 28011 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 Sections 121-14 and 122-9 as follows:
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| 6 | | (725 ILCS 5/121-14 new) |
| 7 | | Sec. 121-14. Appeal; defendant's death. |
| 8 | | (a) On a convicted defendant's death, the court shall |
| 9 | | dismiss any pending appeal of the defendant. |
| 10 | | (b) A convicted defendant's death may not abate the |
| 11 | | defendant's criminal conviction or sentence of imprisonment or |
| 12 | | any restitution, fine, assessment, or other sentence imposed by |
| 13 | | the sentencing court.
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| 14 | | (725 ILCS 5/122-9 new) |
| 15 | | Sec. 122-9. Post-conviction; defendant's death. |
| 16 | | (a) On a convicted defendant's death, the court shall |
| 17 | | dismiss any pending post-conviction petition of the defendant. |
| 18 | | (b) A convicted defendant's death may not abate the |
| 19 | | defendant's criminal conviction or sentence of imprisonment or |
| 20 | | any restitution, fine, assessment, or other sentence imposed by |
| 21 | | the sentencing court.
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