IL
Illinois Senate Bill SB3505

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3505 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3505 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 725 ILCS 5/107-9 from Ch. 38, par. 107-9725 ILCS 5/109-2 from Ch. 38, par. 109-2 Amends the Code of Criminal Procedure of 1963. Provides that the warrant of arrest or summons shall command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant at a certain day, time, and courtroom number, or the nearest or most accessible court in the same county, or appear before the court at a certain time and place. Provides that if a person has a warrant in another county for an offense and the county where the warrant is outstanding fails to transport the person to the county where the warrant was issued for a hearing no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall mark the warrant as served (rather than quash the warrant) and order the person released on the case for which the warrant was issued. Provides that if the issuing county fails to take any action within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release and shall admit the defendant to pretrial release and shall schedule for his or her appearance before the court named in the warrant based upon the court day, time, and courtroom number listed on the warrant. LRB103 38803 RLC 68940 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3505 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 725 ILCS 5/107-9 from Ch. 38, par. 107-9725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/107-9 from Ch. 38, par. 107-9 725 ILCS 5/109-2 from Ch. 38, par. 109-2 Amends the Code of Criminal Procedure of 1963. Provides that the warrant of arrest or summons shall command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant at a certain day, time, and courtroom number, or the nearest or most accessible court in the same county, or appear before the court at a certain time and place. Provides that if a person has a warrant in another county for an offense and the county where the warrant is outstanding fails to transport the person to the county where the warrant was issued for a hearing no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall mark the warrant as served (rather than quash the warrant) and order the person released on the case for which the warrant was issued. Provides that if the issuing county fails to take any action within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release and shall admit the defendant to pretrial release and shall schedule for his or her appearance before the court named in the warrant based upon the court day, time, and courtroom number listed on the warrant. LRB103 38803 RLC 68940 b LRB103 38803 RLC 68940 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3505 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
33 725 ILCS 5/107-9 from Ch. 38, par. 107-9725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/107-9 from Ch. 38, par. 107-9 725 ILCS 5/109-2 from Ch. 38, par. 109-2
44 725 ILCS 5/107-9 from Ch. 38, par. 107-9
55 725 ILCS 5/109-2 from Ch. 38, par. 109-2
66 Amends the Code of Criminal Procedure of 1963. Provides that the warrant of arrest or summons shall command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant at a certain day, time, and courtroom number, or the nearest or most accessible court in the same county, or appear before the court at a certain time and place. Provides that if a person has a warrant in another county for an offense and the county where the warrant is outstanding fails to transport the person to the county where the warrant was issued for a hearing no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall mark the warrant as served (rather than quash the warrant) and order the person released on the case for which the warrant was issued. Provides that if the issuing county fails to take any action within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release and shall admit the defendant to pretrial release and shall schedule for his or her appearance before the court named in the warrant based upon the court day, time, and courtroom number listed on the warrant.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Code of Criminal Procedure of 1963 is
1616 5 amended by changing Sections 107-9 and 109-2 as follows:
1717 6 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
1818 7 Sec. 107-9. Issuance of arrest warrant upon complaint.
1919 8 (a) When a complaint is presented to a court charging that
2020 9 an offense has been committed, it shall examine upon oath or
2121 10 affirmation the complainant or any witnesses.
2222 11 (b) The complaint shall be in writing and shall:
2323 12 (1) State the name of the accused if known, and if not
2424 13 known the accused may be designated by any name or
2525 14 description by which he can be identified with reasonable
2626 15 certainty;
2727 16 (2) State the offense with which the accused is
2828 17 charged;
2929 18 (3) State the time and place of the offense as
3030 19 definitely as can be done by the complainant; and
3131 20 (4) Be subscribed and sworn to by the complainant.
3232 21 (b-5) If an arrest warrant or summons is sought and the
3333 22 request is made by electronic means that has a simultaneous
3434 23 video and audio transmission between the requester and a
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3505 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
3939 725 ILCS 5/107-9 from Ch. 38, par. 107-9725 ILCS 5/109-2 from Ch. 38, par. 109-2 725 ILCS 5/107-9 from Ch. 38, par. 107-9 725 ILCS 5/109-2 from Ch. 38, par. 109-2
4040 725 ILCS 5/107-9 from Ch. 38, par. 107-9
4141 725 ILCS 5/109-2 from Ch. 38, par. 109-2
4242 Amends the Code of Criminal Procedure of 1963. Provides that the warrant of arrest or summons shall command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant at a certain day, time, and courtroom number, or the nearest or most accessible court in the same county, or appear before the court at a certain time and place. Provides that if a person has a warrant in another county for an offense and the county where the warrant is outstanding fails to transport the person to the county where the warrant was issued for a hearing no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall mark the warrant as served (rather than quash the warrant) and order the person released on the case for which the warrant was issued. Provides that if the issuing county fails to take any action within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release and shall admit the defendant to pretrial release and shall schedule for his or her appearance before the court named in the warrant based upon the court day, time, and courtroom number listed on the warrant.
4343 LRB103 38803 RLC 68940 b LRB103 38803 RLC 68940 b
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4545 A BILL FOR
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7171 1 judge, the judge may issue an arrest warrant or summons based
7272 2 upon a sworn complaint or sworn testimony communicated in the
7373 3 transmission.
7474 4 (c) A warrant or summons may be issued by the court for the
7575 5 arrest or appearance of the person complained against if it
7676 6 appears from the contents of the complaint and the examination
7777 7 of the complainant or other witnesses, if any, that the person
7878 8 against whom the complaint was made has committed an offense.
7979 9 (d) The warrant of arrest or summons shall:
8080 10 (1) Be in writing;
8181 11 (2) Specify the name, sex and birth date of the person
8282 12 to be arrested or summoned or, if his name, sex or birth
8383 13 date is unknown, shall designate such person by any name
8484 14 or description by which the person can be identified with
8585 15 reasonable certainty;
8686 16 (3) Set forth the nature of the offense;
8787 17 (4) State the date when issued and the municipality or
8888 18 county where issued;
8989 19 (5) Be signed by the judge of the court with the title
9090 20 of the judge's office; and
9191 21 (6) Command that the person against whom the complaint
9292 22 was made to be arrested and brought before the court
9393 23 issuing the warrant at a certain day, time, and courtroom
9494 24 number, or the nearest or most accessible court in the
9595 25 same county, or appear before the court at a certain time
9696 26 and place;
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107107 1 (7) Specify the conditions of pretrial release, if
108108 2 any; and
109109 3 (8) Specify any geographical limitation placed on the
110110 4 execution of the warrant, if any, but such limitation
111111 5 shall not be expressed in mileage.
112112 6 (e) The summons may be served in the same manner as the
113113 7 summons in a civil action, except that a police officer may
114114 8 serve a summons for a violation of an ordinance occurring
115115 9 within the municipality of the police officer.
116116 10 (f) If the person summoned fails to appear by the date
117117 11 required or cannot be located to serve the summons, a warrant
118118 12 may be issued by the court for the arrest of the person
119119 13 complained against.
120120 14 (g) A warrant of arrest issued under this Section shall
121121 15 incorporate the information included in the summons, and shall
122122 16 comply with the following:
123123 17 (1) The arrest warrant shall specify any geographic
124124 18 limitation placed on the execution of the warrant, but
125125 19 such limitation shall not be expressed in mileage.
126126 20 (2) The arrest warrant shall be directed to all peace
127127 21 officers in the State. It shall be executed by the peace
128128 22 officer, or by a private person specially named therein,
129129 23 at any location within the geographic limitation for
130130 24 execution placed on the warrant. If no geographic
131131 25 limitation is placed on the warrant, then it may be
132132 26 executed anywhere in the State.
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143143 1 (h) The arrest warrant or summons may be issued
144144 2 electronically or electromagnetically by use of electronic
145145 3 mail or a facsimile transmission machine and any such arrest
146146 4 warrant or summons shall have the same validity as a written
147147 5 arrest warrant or summons.
148148 6 (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
149149 7 102-1104, eff. 1-1-23.)
150150 8 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
151151 9 Sec. 109-2. Person arrested in another county.
152152 10 (a) Any person arrested in a county other than the one in
153153 11 which a warrant for his arrest was issued shall be taken
154154 12 without unnecessary delay before the nearest and most
155155 13 accessible judge in the county where the arrest was made or, if
156156 14 no additional delay is created, before the nearest and most
157157 15 accessible judge in the county from which the warrant was
158158 16 issued. The judge may hold a hearing to determine if the
159159 17 defendant is the same person as named in the warrant.
160160 18 (b) Notwithstanding the provisions of subsection (a), any
161161 19 person arrested in a county other than the one in which a
162162 20 warrant for his arrest was issued, may waive the right to be
163163 21 taken before a judge in the county where the arrest was made.
164164 22 If a person so arrested waives such right, the arresting
165165 23 agency shall surrender such person to a law enforcement agency
166166 24 of the county that issued the warrant without unnecessary
167167 25 delay. The provisions of Section 109-1 shall then apply to the
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178178 1 person so arrested.
179179 2 (c) If a person is taken before a judge in any county and a
180180 3 warrant for arrest issued by another Illinois county exists
181181 4 for that person, the court in the arresting county shall hold
182182 5 for that person a detention hearing under Section 110-6.1, or
183183 6 other hearing under Section 110-5 or Section 110-6.
184184 7 (d) After the court in the arresting county has determined
185185 8 whether the person shall be released or detained on the
186186 9 arresting offense, the court shall then order the sheriff to
187187 10 immediately contact the sheriff in any county where any
188188 11 warrant is outstanding and notify them of the arrest of the
189189 12 individual.
190190 13 (e) If a person has a warrant in another county for an
191191 14 offense, then, no later than 5 calendar days after the end of
192192 15 any detention issued on the charge in the arresting county,
193193 16 the county where the warrant is outstanding shall do one of the
194194 17 following:
195195 18 (1) transport the person to the county where the
196196 19 warrant was issued for a hearing under Section 110-6 or
197197 20 110-6.1 in the matter for which the warrant was issued; or
198198 21 (2) mark quash the warrant as served and order the
199199 22 person released on the case for which the warrant was
200200 23 issued only when the county that issued the warrant fails
201201 24 to transport the defendant in the timeline as proscribed.
202202 25 (f) If the issuing county fails to take any action under
203203 26 subsection (e) within 5 calendar days, the defendant shall be
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214214 1 released from custody on the warrant, and the circuit judge or
215215 2 associate circuit judge in the county of arrest shall set
216216 3 conditions of release under Section 110-5 and shall admit the
217217 4 defendant to pretrial release and shall schedule for his or
218218 5 her appearance before the court named in the warrant based
219219 6 upon the court day, time, and courtroom number listed on the
220220 7 warrant. Upon releasing the defendant, the circuit judge or
221221 8 associate circuit judge shall certify such a fact on the
222222 9 warrant and deliver the warrant and the acknowledgment by the
223223 10 defendant of his or her receiving the conditions of pretrial
224224 11 release to the officer having charge of the defendant from
225225 12 arrest and without delay deliver such warrant and such
226226 13 acknowledgment by the defendant of his or her receiving the
227227 14 conditions to the court before which the defendant is required
228228 15 to appear.
229229 16 (g) If a person has a warrant in another county, in lieu of
230230 17 transporting the person to the issuing county as outlined in
231231 18 subsection (e), the issuing county may hold the hearing by way
232232 19 of a two-way audio-visual communication system if the accused
233233 20 waives the right to be physically present in court, the court
234234 21 determines that the physical health and safety of any person
235235 22 necessary to the proceedings would be endangered by appearing
236236 23 in court, or the chief judge of the circuit orders use of that
237237 24 system due to operational challenges in conducting the hearing
238238 25 in person. Such operational challenges must be documented and
239239 26 approved by the chief judge of the circuit, and a plan to
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