Does the 120 Day Period Begin from the Date Defendant Is Taken Into Custody ?

In People v. Peco, 345 Ill. App. 3d 724, 733, 803 N.E.2d 561, 568, 281 Ill. Dec. 157 (2004), the initial question was when the 120-day period began. The parties' positions on the first issue were ironic. For good reasons, the State and the defendant supported positions contrary to the arguments they present in this case. The State argued that the effect of the amendment was to require the defendant to make an oral or written demand for a speedy trial before the 120-day period began to run. The court, however, ruled that this was not the intent of the amendment. It pointed out that the Code measures " '120 days from the date he was taken into custody.' " Peco, 345 Ill. App. 3d at 731, 803 N.E.2d at 566 (quoting 725 ILCS 5/103-5(a) (West 2000)). The court found that this language would be meaningless if the amendment to the Code was interpreted to require a defendant to move for a speedy trial. Peco, 345 Ill. App. 3d at 731, 803 N.E.2d at 566. The court further noted that the legislature could have written explicit language stating that a defendant must expressly demand a trial prior to the commencement of the speedy-trial period. Peco, 345 Ill. App. 3d at 731, 803 N.E.2d at 567. It found that the purpose of the amendment was to aid courts in determining who should be responsible for certain delays once a defendant is in custody. Peco, 345 Ill. App. 3d at 731, 803 N.E.2d at 567. The court then determined which party was responsible for what delays, noting the defendant bears the burden of affirmatively showing that a delay was not attributable to his own conduct. Peco, 345 Ill. App. 3d at 731, 803 N.E.2d at 567. The court pointed out that a defendant is responsible for any express agreement to a continuance. Peco, 345 Ill. App. 3d at 731-32, 803 N.E.2d at 567. It then added to the area of the defendant's responsibility by quoting the amendment to the Code. Peco, 345 Ill. App. 3d at 732, 803 N.E.2d at 567. The court then looked at specific periods of delay. It stated that the trial court's findings regarding who was responsible for a delay were entitled to deference and should not be reversed absent a clear abuse of discretion. Peco, 345 Ill. App. 3d at 732, 803 N.E.2d at 567.