725 ILCS 5/115-4.1
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 115-4.1)(Text of Section before amendment by P.A. 101-652)Sec. 115-4.1.     Absence of defendant.(a) When a defendant after arrest  and an initial court appearance for a non-capital felony or a misdemeanor,  fails to appear for trial, at the request of the State and after the State  has affirmatively proven through substantial evidence that the defendant  is willfully avoiding trial, the court may commence trial in the absence  of the defendant.  Absence of a defendant as specified in this Section  shall not be a bar to indictment of a defendant, return of information  against a defendant, or arraignment of a defendant for the charge for which  bail has been granted.  If a defendant fails  to appear at arraignment, the court may enter a plea of "not guilty" on his  behalf.  If a defendant absents himself before trial on a capital felony,  trial may proceed as specified in this Section provided that the State  certifies that it will not seek a death sentence following conviction.  Trial in the defendant's absence shall be by jury unless  the defendant had previously waived trial by jury.  The absent defendant  must be represented by retained or appointed counsel.  The court, at the conclusion of all of the proceedings, may order the clerk  of the circuit court to pay counsel such sum as the court deems reasonable,  from any bond monies which were posted by the defendant with the clerk,  after the clerk has first deducted all court costs.  If trial had previously  commenced in the presence of the defendant and the defendant willfully absents  himself for two successive court days, the court shall proceed to trial.  All  procedural rights guaranteed by the United States Constitution, Constitution  of the State of Illinois, statutes of the State of Illinois, and rules of court  shall apply to the proceedings the same as if the defendant were present  in court and had not either forfeited his bail bond or escaped  from custody.  The court may set the case for a trial which may be conducted  under this Section despite the failure of the defendant to appear at the  hearing at which the trial date is set.  When such trial date is set the  clerk shall send to the defendant, by certified mail at his last known address  indicated on his bond slip, notice of the new date which has been set for  trial.  Such notification shall be required when the defendant was not  personally present in open court at the time when the case was set for trial.(b) The absence of a defendant from a trial conducted pursuant to this  Section does not operate as a bar to concluding the trial, to a judgment  of conviction resulting therefrom, or to a final disposition of the trial  in favor of the defendant.(c) Upon a verdict of not guilty, the court shall enter judgment for the  defendant.  Upon a verdict of guilty, the court shall set a date for the  hearing of post-trial motions and shall hear such motion in the absence  of the defendant.  If post-trial motions are denied, the court shall proceed  to conduct a sentencing hearing and to impose a sentence upon the defendant.(d) A defendant who is absent for part of the proceedings of trial,  post-trial motions, or sentencing, does not thereby forfeit his right to be  present at all remaining proceedings.(e) When a defendant who in his absence has been either convicted or  sentenced or both convicted and sentenced appears before the court, he must  be granted a new trial or new sentencing hearing if the defendant can  establish that his failure to appear in court was both without his fault  and due to circumstances beyond his control.  A hearing with notice to the  State's Attorney on the defendant's request for a new trial or a new  sentencing hearing must be held before any such request may be granted.  At  any such hearing both the defendant and the State may present evidence.(f) If the court grants only the defendant's request for a new sentencing  hearing, then a new sentencing  hearing shall be held in accordance with  the provisions of the Unified Code of Corrections.  At any such hearing,  both the defendant and the State may offer evidence of the defendant's conduct  during his period of absence from the court.  The court may impose any sentence  authorized by the Unified Code of Corrections and is not in any way limited  or restricted by any sentence previously imposed.(g) A defendant whose motion under paragraph (e) for a new trial or new  sentencing hearing has been denied may file a notice of appeal therefrom.  Such notice may also include a request for review of the judgment and sentence  not vacated by the trial court.    (Source: P.A. 90-787, eff. 8-14-98.)(Text of Section after amendment by P.A. 101-652)Sec. 115-4.1. Absence of defendant.(a) When a defendant after arrest  and an initial court appearance for a non-capital felony or a misdemeanor,  fails to appear for trial, at the request of the State and after the State  has affirmatively proven through substantial evidence that the defendant  is willfully avoiding trial, the court may commence trial in the absence  of the defendant.  Absence of a defendant as specified in this Section  shall not be a bar to indictment of a defendant, return of information  against a defendant, or arraignment of a defendant for the charge for which  pretrial release has been granted.  If a defendant fails  to appear at arraignment, the court may enter a plea of "not guilty" on his  behalf.  If a defendant absents himself before trial on a capital felony,  trial may proceed as specified in this Section provided that the State  certifies that it will not seek a death sentence following conviction.  Trial in the defendant's absence shall be by jury unless  the defendant had previously waived trial by jury.  The absent defendant  must be represented by retained or appointed counsel.  The court, at the conclusion of all of the proceedings, may order the clerk  of the circuit court to pay counsel such sum as the court deems reasonable,  from any bond monies which were posted by the defendant with the clerk,  after the clerk has first deducted all court costs.  If trial had previously  commenced in the presence of the defendant and the defendant willfully absents  himself for two successive court days, the court shall proceed to trial.  All  procedural rights guaranteed by the United States Constitution, Constitution  of the State of Illinois, statutes of the State of Illinois, and rules of court  shall apply to the proceedings the same as if the defendant were present  in court and had not either had his or her pretrial release revoked or escaped  from custody.  The court may set the case for a trial which may be conducted  under this Section despite the failure of the defendant to appear at the  hearing at which the trial date is set.  When such trial date is set the  clerk shall send to the defendant, by certified mail at his last known address  indicated on his bond slip, notice of the new date which has been set for  trial.  Such notification shall be required when the defendant was not  personally present in open court at the time when the case was set for trial.(b) The absence of a defendant from a trial conducted pursuant to this  Section does not operate as a bar to concluding the trial, to a judgment  of conviction resulting therefrom, or to a final disposition of the trial  in favor of the defendant.(c) Upon a verdict of not guilty, the court shall enter judgment for the  defendant.  Upon a verdict of guilty, the court shall set a date for the  hearing of post-trial motions and shall hear such motion in the absence  of the defendant.  If post-trial motions are denied, the court shall proceed  to conduct a sentencing hearing and to impose a sentence upon the defendant.(d) A defendant who is absent for part of the proceedings of trial,  post-trial motions, or sentencing, does not thereby forfeit his right to be  present at all remaining proceedings.(e) When a defendant who in his absence has been either convicted or  sentenced or both convicted and sentenced appears before the court, he must  be granted a new trial or new sentencing hearing if the defendant can  establish that his failure to appear in court was both without his fault  and due to circumstances beyond his control.  A hearing with notice to the  State's Attorney on the defendant's request for a new trial or a new  sentencing hearing must be held before any such request may be granted.  At  any such hearing both the defendant and the State may present evidence.(f) If the court grants only the defendant's request for a new sentencing  hearing, then a new sentencing  hearing shall be held in accordance with  the provisions of the Unified Code of Corrections.  At any such hearing,  both the defendant and the State may offer evidence of the defendant's conduct  during his period of absence from the court.  The court may impose any sentence  authorized by the Unified Code of Corrections and is not in any way limited  or restricted by any sentence previously imposed.(g) A defendant whose motion under paragraph (e) for a new trial or new  sentencing hearing has been denied may file a notice of appeal therefrom.  Such notice may also include a request for review of the judgment and sentence  not vacated by the trial court.  (Source: P.A. 101-652, eff. 1-1-23.)