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Supreme Court Rules



Section/Rule:
30.15

Subject:
Rule 30 - Rules of Criminal Procedure - Appellate Procedure in All Criminal Cases A. Criminal Proceedings Pending Before a Circuit Judge
Publication / Adopted Date:
June 13, 1979

Topic:
Stay of Execution
Revised / Effective Date:
January 1, 1980

30.15. Stay of Execution

(a) Death. A sentence of death shall be stayed if an appeal is taken.

(b) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is conditionally released pursuant to Rule 33. A sentence of imprisonment in the penitentiary may be stayed if an appeal is taken and the defendant requests not to commence service of the sentence pending the appeal and the trial court in its discretion so orders. Such request shall be in writing and shall be filed with the clerk of the trial court at or prior to the time of the filing of the notice of appeal. In such cases the defendant may be committed to jail of the county or city, or other safe place, to abide such judgment as may be rendered upon appeal.

(c) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the trial court or by the appellate court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs with the clerk of the trial court, or give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

Committee Note - 1980