Illinois 2023-2024 Regular Session

Illinois House Bill HB4051 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4051 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/109-2 from Ch. 38, par. 109-2 Amends the Code of Criminal Procedure of 1963. Provides that, if a person is arrested in any county and the prosecutor files criminal charges based on that arrest and warrants for arrest issued by any other Illinois county exist for that person, then the court in the arresting county shall first hold, for that person, a detention hearing or other conditions of release hearing for the newly filed charges. Provides that, if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county in which the warrant is outstanding may authorize the person's release from custody pursuant to a notice to appear in court in the issuing county on a date and time provided by the court in the issuing county. Makes other changes in these cases. LRB103 31724 RLC 60306 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4051 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED: 725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/109-2 from Ch. 38, par. 109-2 Amends the Code of Criminal Procedure of 1963. Provides that, if a person is arrested in any county and the prosecutor files criminal charges based on that arrest and warrants for arrest issued by any other Illinois county exist for that person, then the court in the arresting county shall first hold, for that person, a detention hearing or other conditions of release hearing for the newly filed charges. Provides that, if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county in which the warrant is outstanding may authorize the person's release from custody pursuant to a notice to appear in court in the issuing county on a date and time provided by the court in the issuing county. Makes other changes in these cases. LRB103 31724 RLC 60306 b LRB103 31724 RLC 60306 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4051 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/109-2 from Ch. 38, par. 109-2
4	4	725 ILCS 5/109-2 from Ch. 38, par. 109-2
5	5	Amends the Code of Criminal Procedure of 1963. Provides that, if a person is arrested in any county and the prosecutor files criminal charges based on that arrest and warrants for arrest issued by any other Illinois county exist for that person, then the court in the arresting county shall first hold, for that person, a detention hearing or other conditions of release hearing for the newly filed charges. Provides that, if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county in which the warrant is outstanding may authorize the person's release from custody pursuant to a notice to appear in court in the issuing county on a date and time provided by the court in the issuing county. Makes other changes in these cases.
6	6	LRB103 31724 RLC 60306 b LRB103 31724 RLC 60306 b
7	7	LRB103 31724 RLC 60306 b
8	8	A BILL FOR
9	9	HB4051LRB103 31724 RLC 60306 b HB4051 LRB103 31724 RLC 60306 b
10	10	HB4051 LRB103 31724 RLC 60306 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Criminal Procedure of 1963 is
15	15	5 amended by changing Section 109-2 as follows:
16	16	6 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
17	17	7 Sec. 109-2. Person arrested in another county.
18	18	8 (a) Any person arrested in a county other than the one in
19	19	9 which a warrant for his arrest was issued shall be taken
20	20	10 without unnecessary delay before the nearest and most
21	21	11 accessible judge in the county where the arrest was made or, if
22	22	12 no additional delay is created, before the nearest and most
23	23	13 accessible judge in the county from which the warrant was
24	24	14 issued. The judge may hold a hearing to determine if the
25	25	15 defendant is the same person as named in the warrant.
26	26	16 (b) Notwithstanding the provisions of subsection (a), any
27	27	17 person arrested in a county other than the one in which a
28	28	18 warrant for his arrest was issued, may waive the right to be
29	29	19 taken before a judge in the county where the arrest was made.
30	30	20 If a person so arrested waives such right, the arresting
31	31	21 agency shall surrender such person to a law enforcement agency
32	32	22 of the county that issued the warrant without unnecessary
33	33	23 delay. The provisions of Section 109-1 shall then apply to the
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4051 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/109-2 from Ch. 38, par. 109-2
39	39	725 ILCS 5/109-2 from Ch. 38, par. 109-2
40	40	Amends the Code of Criminal Procedure of 1963. Provides that, if a person is arrested in any county and the prosecutor files criminal charges based on that arrest and warrants for arrest issued by any other Illinois county exist for that person, then the court in the arresting county shall first hold, for that person, a detention hearing or other conditions of release hearing for the newly filed charges. Provides that, if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county in which the warrant is outstanding may authorize the person's release from custody pursuant to a notice to appear in court in the issuing county on a date and time provided by the court in the issuing county. Makes other changes in these cases.
41	41	LRB103 31724 RLC 60306 b LRB103 31724 RLC 60306 b
42	42	LRB103 31724 RLC 60306 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	725 ILCS 5/109-2 from Ch. 38, par. 109-2
50	50
51	51
52	52
53	53	LRB103 31724 RLC 60306 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB4051 LRB103 31724 RLC 60306 b
64	64
65	65
66	66	HB4051- 2 -LRB103 31724 RLC 60306 b HB4051 - 2 - LRB103 31724 RLC 60306 b
67	67	HB4051 - 2 - LRB103 31724 RLC 60306 b
68	68	1 person so arrested.
69	69	2 (c) If a person is arrested in any county and the
70	70	3 prosecutor files criminal charges based on that arrest and
71	71	4 warrants is taken before a judge in any county and a warrant
72	72	5 for arrest issued by any other another Illinois county exist
73	73	6 exists for that person, the court in the arresting county
74	74	7 shall first hold for that person a detention hearing under
75	75	8 Section 110-6.1, or other hearing under Section 110-5 or
76	76	9 Section 110-6, for the newly filed charges in that county.
77	77	10 (d) After the court in the arresting county has determined
78	78	11 whether the person shall be released or detained on the newly
79	79	12 filed charges in that county pursuant to subsection (c)
80	80	13 arresting offense, the court shall then order the sheriff to
81	81	14 immediately contact the sheriff in any county where any
82	82	15 warrant is outstanding and notify them of the arrest of the
83	83	16 individual.
84	84	17 (e) If a person has a warrant in another county for an
85	85	18 offense, then, no later than 5 calendar days after the end of
86	86	19 any detention issued on the charge in the arresting county,
87	87	20 the county where the warrant is outstanding shall do one of the
88	88	21 following:
89	89	22 (1) transport the person to the county where the
90	90	23 warrant was issued for a hearing under Section 110-6 or
91	91	24 110-6.1 in the matter for which the warrant was issued; or
92	92	25 (2) quash the warrant and order the person released on
93	93	26 the case for which the warrant was issued only when the
94	94
95	95
96	96
97	97
98	98
99	99	HB4051 - 2 - LRB103 31724 RLC 60306 b
100	100
101	101
102	102	HB4051- 3 -LRB103 31724 RLC 60306 b HB4051 - 3 - LRB103 31724 RLC 60306 b
103	103	HB4051 - 3 - LRB103 31724 RLC 60306 b
104	104	1 county that issued the warrant fails to transport the
105	105	2 defendant in the timeline as proscribed; or
106	106	3 (3) authorize the person's release from custody
107	107	4 pursuant to a notice to appear in court in the issuing
108	108	5 county on a date and time provided by the court in the
109	109	6 issuing county.
110	110	7 (f) (Blank). If the issuing county fails to take any
111	111	8 action under subsection (e) within 5 calendar days, the
112	112	9 defendant shall be released from custody on the warrant, and
113	113	10 the circuit judge or associate circuit judge in the county of
114	114	11 arrest shall set conditions of release under Section 110-5 and
115	115	12 shall admit the defendant to pretrial release for his or her
116	116	13 appearance before the court named in the warrant. Upon
117	117	14 releasing the defendant, the circuit judge or associate
118	118	15 circuit judge shall certify such a fact on the warrant and
119	119	16 deliver the warrant and the acknowledgment by the defendant of
120	120	17 his or her receiving the conditions of pretrial release to the
121	121	18 officer having charge of the defendant from arrest and without
122	122	19 delay deliver such warrant and such acknowledgment by the
123	123	20 defendant of his or her receiving the conditions to the court
124	124	21 before which the defendant is required to appear.
125	125	22 (g) (Blank). If a person has a warrant in another county,
126	126	23 in lieu of transporting the person to the issuing county as
127	127	24 outlined in subsection (e), the issuing county may hold the
128	128	25 hearing by way of a two-way audio-visual communication system
129	129	26 if the accused waives the right to be physically present in
130	130
131	131
132	132
133	133
134	134
135	135	HB4051 - 3 - LRB103 31724 RLC 60306 b
136	136
137	137
138	138	HB4051- 4 -LRB103 31724 RLC 60306 b HB4051 - 4 - LRB103 31724 RLC 60306 b
139	139	HB4051 - 4 - LRB103 31724 RLC 60306 b
140	140	1 court, the court determines that the physical health and
141	141	2 safety of any person necessary to the proceedings would be
142	142	3 endangered by appearing in court, or the chief judge of the
143	143	4 circuit orders use of that system due to operational
144	144	5 challenges in conducting the hearing in person. Such
145	145	6 operational challenges must be documented and approved by the
146	146	7 chief judge of the circuit, and a plan to address the
147	147	8 challenges through reasonable efforts must be presented and
148	148	9 approved by the Administrative Office of the Illinois Courts
149	149	10 every 6 months.
150	150	11 (h) (Blank). If more than 2 Illinois county warrants
151	151	12 exist, the judge in the county of arrest shall order that the
152	152	13 process described in subsections (d) through (f) occur in each
153	153	14 county in whatever order the judge finds most appropriate.
154	154	15 Each judge in each subsequent county shall then follow the
155	155	16 rules in this Section.
156	156	17 (i) This Section applies only to warrants issued by
157	157	18 Illinois state, county, or municipal courts.
158	158	19 (j) When an issuing agency is contacted by an out-of-state
159	159	20 agency of a person arrested for any offense, or when an
160	160	21 arresting agency is contacted by or contacts an out-of-state
161	161	22 issuing agency, the Uniform Criminal Extradition Act shall
162	162	23 govern.
163	163	24 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
164	164
165	165
166	166
167	167
168	168
169	169	HB4051 - 4 - LRB103 31724 RLC 60306 b