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The County of DuPage
Wheaton, Illinois
 

Court Rules - Criminal Proceedings - Felonies

IV. CRIMINAL PROCEEDINGS

ARTICLE 32: FELONIES

32.01 APPLICABILITY

The provisions of Article 32 shall apply in all cases assigned to the Felony Division as set forth in Rule 2.13(b). Where reasonable, these provisions shall be construed and applied in harmony with the provisions of Article 30 and Article 31. To the extent that the provisions of Article 32 may conflict with those of Articles 30 and 31, the provisions of Article 32 shall be controlling in all cases in the Felony Division.

32.02 PRELIMINARY HEARING

Analysis Report of Field Tests:

For those charged under the Controlled Substance Act or the Cannabis Control Act, which requires evidence as to the chemical makeup and the quantity of a substance, the following evidence shall be admissible in a preliminary hearing:

(a) The analysis resulting from the conduct of "field tests", when conducted by a witness qualified to conduct such tests;

(b) The weights as determined by a scale used for the purpose of determining the quantity of such substances by the arresting department or law enforcement agency;

(c) Laboratory reports from qualified analyst, if available. If unavailable at the time of the preliminary hearing, a copy of it shall be forwarded to the defendant's attorney, or if the defendant is unrepresented, upon receipt by the State's Attorney's Office, without the necessity of a formal discovery motion.

32.03 DISCOVERY

(a) The Court shall enter a reciprocal discovery order in every criminal proceeding wherein the defendant has entered a plea of "not guilty," unless there is an objection. The discovery order shall be entered on the date of the arraignment, unless the Court directs otherwise.

(b) Every discovery order shall comply with Supreme Court Rules 411 et seq. The discovery order shall be substantially in the form set forth in Rule 32.02(c) except as provided by the Supreme Court Rules.

(c) The discovery compliance schedule set by the discovery order shall not exceed fourteen (14) days, except for good cause shown. 

32.04 PRE-PLEA REPORT

(a) The Court may order that a pre-plea report be prepared, but only after obtaining the approval of the State and the defendant to obtain a pre-plea report.

(b) The pre-plea report shall be prepared in accordance with the provisions of Section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2) and as provided in Rule 31.08. It shall not contain a defendant's version of the offense or a recommendation by the Court Services Department.

(c) Upon a plea of guilty, the pre-plea report, with the concurrence of the Court, shall serve as the "pre-sentence report" pursuant to Section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2). If the Court had indicated concurrence with the negotiated plea, and later withdraws concurrence, the defendant may affirm or withdraw the negotiated plea with results indicated in Supreme Court Rule 402.

(d) During the course of preparing the pre-plea report, the probation officer shall avoid discussion with the accused concerning pending charges.

(e) The probation officer shall be available at the Supreme Court Rule 402 conference to answer questions concerning the pre-plea report and shall be at the sentence hearing to answer any questions and to make any recommendations when requested by the Court. 

32.05 PROCEDURE FOR DISCLOSURE AND FILING OF PRE-SENTENCE REPORTS AND PRE- PLEA REPORTS

(a) The Probation Department shall prepare an original and four (4) copies of the pre-plea or pre-sentence report which shall be delivered at least three (3) court days, which includes both the court date and the date of delivery, prior to the sentence hearing, as follows:

(1) The original, in a sealed envelope, to the Clerk of the Circuit Court, marked "Pre-Sentence Report" or "Pre-Plea Report" and indicating the case number and title.

(2) A copy to the sentencing judge.

(3) A copy to the State's Attorney.

(4) A copy to the attorney of record or to the defendant, notice that a copy of the report is available at the Probation Department.

(5) A copy to be retained by the Probation Department.

(b) Nothing in this procedure shall be deemed to limit that disclosure to any department, agency or institution to which the defendant is committed as provided in sub-section B(4) of 730 ILCS 5/5-3-4 or to any other person as ordered by the Court as provided for in sub-section B(5) of 730 ILCS 5/5-3-4.

(c) All copies are to be retained by the party to whom they were tendered. 

32.06 (RESERVED)

32.07 (RESERVED)