CRIM PRO-APPEAL-DEFENDNT DEATH House SponsorsRep. Patricia R. Bellock-Michael W. Tryon-Ron Sandack Senate Sponsors(Sen. Chris Nybo) 8/12/2016HousePublic Act . . . . . . . . . 99-0778 725 ILCS 5/Art. 121A heading new725 ILCS 5/121A-1 new725 ILCS 5/121A-2 new725 ILCS 5/121A-3 new 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.House Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill with the following changes. Removes the attorney for the defendant representing the defendant on an appeal, the Office of the State Appellate Defender, and the county public defender from any obligation to file a certificate of notice of the defendant's death in a pending criminal appeal of the defendant, and removes their standing to continue to pursue a criminal appeal on behalf of the deceased defendant. Provides an 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 to initiate vacating an appeal brought by the State or obtain a stay for intervention or ultimate dismissal in an appeal brought by the defendant.Senate Floor Amendment No. 1 Deletes reference to:725 ILCS 5/121A-3Adds reference to:725 ILCS 5/115-4.5 newReplaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides whenever the prosecuting attorney in a criminal case learns of the death of the defendant prior to the entry of a final and appealable judgment in the case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings entirely. Creates a new Article in the Code for pending direct appeal after the defendant's death. Provides whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending. Provides unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of a certificate of notice of the defendant's death, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court. Provides if the court receives a timely petition for leave to intervene by an authorized party in the criminal case, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant and the direct appeal shall proceed in the same manner as if the defendant were still alive. Provides nothing in the provisions for pending direct appeal after the defendant's death shall be construed to authorize the filing or continued litigation of a post-conviction petition or other collateral attack on a criminal conviction or sentence on behalf of a deceased defendant. 2/4/2016HouseFiled with the Clerk by Rep. Patricia R. Bellock 2/5/2016HouseFirst Reading 2/5/2016HouseReferred to Rules Committee 2/23/2016HouseAssigned to Judiciary - Criminal Committee 3/1/2016HouseAdded Chief Co-Sponsor Rep. Michael W. Tryon 4/4/2016HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000 4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate 4/6/2016HouseSecond Reading - Short Debate 4/6/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/7/2016HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Patricia R. Bellock 4/7/2016HouseHouse Floor Amendment No. 1 Referred to Rules Committee 4/7/2016HouseRecalled to Second Reading - Short Debate 4/7/2016HouseHeld on Calendar Order of Second Reading - Short Debate 4/12/2016HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000 4/13/2016HouseHouse Floor Amendment No. 1 Adopted 4/13/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/14/2016HouseThird Reading - Short Debate - Passed 109-003-001 4/18/2016SenateArrive in Senate 4/18/2016SenatePlaced on Calendar Order of First Reading 4/18/2016SenateChief Senate Sponsor Sen. Chris Nybo 4/18/2016SenateFirst Reading 4/18/2016SenateReferred to Assignments 4/27/2016SenateAssigned to Criminal Law 5/11/2016SenateDo Pass Criminal Law; 009-000-000 5/11/2016SenatePlaced on Calendar Order of 2nd Reading May 12, 2016 5/17/2016SenateSecond Reading 5/17/2016SenatePlaced on Calendar Order of 3rd Reading May 18, 2016 5/17/2016SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Chris Nybo 5/17/2016SenateSenate Floor Amendment No. 1 Referred to Assignments 5/24/2016SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law 5/25/2016SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000 5/26/2016SenateRecalled to Second Reading 5/26/2016SenateSenate Floor Amendment No. 1 Adopted; Nybo 5/26/2016SenatePlaced on Calendar Order of 3rd Reading 5/26/2016SenateThird Reading - Passed; 053-000-000 5/26/2016HouseArrived in House 5/26/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1 5/26/2016HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Patricia R. Bellock 5/26/2016HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee 5/29/2016HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee 5/29/2016HouseAdded Chief Co-Sponsor Rep. Ron Sandack 5/29/2016HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000 5/31/2016HouseSenate Floor Amendment No. 1 House Concurs 116-001-000 5/31/2016HouseHouse Concurs 5/31/2016HousePassed Both Houses 6/27/2016HouseSent to the Governor 8/12/2016HouseGovernor Approved 8/12/2016HouseEffective Date January 1, 2017 8/12/2016HousePublic Act . . . . . . . . . 99-0778