Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
10 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
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| Bill | CRIM PRO-APPEAL-DEFENDNT DEATH | 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. | us/states/il | Illinois General Assembly | 99th | HB 4683 | Illinois HB 4683 (99th) |
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enacted | 3 | 49 | 3 | 2016-02-04 | 2016-08-12 | openstates | ocd-bill/1a49cf43-ef29-402e-aefb-d5243453cc2c | http://ilga.gov/legislation/BillStatus.asp?DocNum=4683&GAID=13&DocTypeID=HB&LegId=93964&SessionID=88&GA=99 | 8f1a8311d1162d9113943c38ea1972757acea3e83a3bfecce5e8f425afdb7b00 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Illinois HB 4683 (99th) — CRIM PRO-APPEAL-DEFENDNT DEATH
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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Votes
- Third Reading — 109–3 (pass) · lower
- Third Reading — 53–0 (pass) · upper
- Concurrence, Amendment 1 — 116–1 (pass) · lower
Sponsors
- Patricia R. Bellock — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2016-02-04 Filed with the Clerk by Rep. Patricia R. Bellock
filing - 2016-02-05 First Reading
reading-1 - 2016-02-05 Referred to Rules Committee
referral-committee - 2016-02-23 Assigned to Judiciary - Criminal Committee
referral-committee - 2016-03-01 Added Chief Co-Sponsor Rep. Michael W. Tryon
- 2016-04-04 Do Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
committee-passage - 2016-04-05 Placed on Calendar 2nd Reading - Short Debate
- 2016-04-06 Second Reading - Short Debate
reading-2 - 2016-04-06 Placed on Calendar Order of 3rd Reading - Short Debate
- 2016-04-07 House Floor Amendment No. 1 Filed with Clerk by Rep. Patricia R. Bellock
amendment-introduction - 2016-04-07 House Floor Amendment No. 1 Referred to Rules Committee
referral-committee - 2016-04-07 Recalled to Second Reading - Short Debate
reading-2 - 2016-04-07 Held on Calendar Order of Second Reading - Short Debate
reading-2 - 2016-04-12 House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
committee-passage-favorable - 2016-04-13 House Floor Amendment No. 1 Adopted
amendment-passage - 2016-04-13 Placed on Calendar Order of 3rd Reading - Short Debate
- 2016-04-14 Third Reading - Short Debate - Passed 109-003-001
reading-3, passage - 2016-04-18 Arrive in Senate
introduction - 2016-04-18 Placed on Calendar Order of First Reading
reading-1 - 2016-04-18 Chief Senate Sponsor Sen. Chris Nybo
- 2016-04-18 First Reading
reading-1 - 2016-04-18 Referred to Assignments
referral-committee - 2016-04-27 Assigned to Criminal Law
referral-committee - 2016-05-11 Do Pass Criminal Law; 009-000-000
committee-passage - 2016-05-11 Placed on Calendar Order of 2nd Reading May 12, 2016
- 2016-05-17 Second Reading
reading-2 - 2016-05-17 Placed on Calendar Order of 3rd Reading May 18, 2016
- 2016-05-17 Senate Floor Amendment No. 1 Filed with Secretary by Sen. Chris Nybo
amendment-introduction - 2016-05-17 Senate Floor Amendment No. 1 Referred to Assignments
referral-committee - 2016-05-24 Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
- 2016-05-25 Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 009-000-000
- 2016-05-26 Recalled to Second Reading
reading-2 - 2016-05-26 Senate Floor Amendment No. 1 Adopted; Nybo
amendment-passage - 2016-05-26 Placed on Calendar Order of 3rd Reading
- 2016-05-26 Third Reading - Passed; 053-000-000
reading-3, passage - 2016-05-26 Arrived in House
introduction - 2016-05-26 Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- 2016-05-26 Senate Floor Amendment No. 1 Motion Filed Concur Rep. Patricia R. Bellock
- 2016-05-26 Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
referral-committee - 2016-05-29 Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
referral-committee - 2016-05-29 Added Chief Co-Sponsor Rep. Ron Sandack
- 2016-05-29 Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
- 2016-05-31 Senate Floor Amendment No. 1 House Concurs 116-001-000
- 2016-05-31 House Concurs
- 2016-05-31 Passed Both Houses
- 2016-06-27 Sent to the Governor
executive-receipt - 2016-08-12 Governor Approved
executive-signature - 2016-08-12 Effective Date January 1, 2017
- 2016-08-12 Public Act . . . . . . . . . 99-0778
became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/1a49cf43-ef29-402e-aefb-d5243453cc2c. Confidence: reported (aggregated from official Illinois legislature records).