Bill Text: IL HB5124 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. 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 where the warrant is issued shall arrange for the transport of the person to the county where the warrant was issued for a pretrial release hearing (rather than the county where the warrant is outstanding shall do one of the following: (1) transport the person to the county where the warrant was issued; or (2) quash the warrant and order the person released on the case for which the warrant was issued only when the county that issued the warrant fails to transport the defendant in the timeline as proscribed). Provides that the arresting county is not required to transport the person to the county that issued the warrant.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-04-26 - Added Co-Sponsor Rep. Tony M. McCombie [HB5124 Detail]

Download: Illinois-2023-HB5124-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5124

Introduced 2/8/2024, by Rep. Dennis Tipsword, Jr. - John M. Cabello and Dave Severin

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 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 where the warrant is issued shall arrange for the transport of the person to the county where the warrant was issued for a pretrial release hearing (rather than the county where the warrant is outstanding shall do one of the following: (1) transport the person to the county where the warrant was issued; or (2) quash the warrant and order the person released on the case for which the warrant was issued only when the county that issued the warrant fails to transport the defendant in the timeline as proscribed). Provides that the arresting county is not required to transport the person to the county that issued the warrant.
LRB103 35874 RLC 65959 b

A BILL FOR

HB5124LRB103 35874 RLC 65959 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 109-2 as follows:
6 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
7 Sec. 109-2. Person arrested in another county.
8 (a) Any person arrested in a county other than the one in
9which a warrant for his arrest was issued shall be taken
10without unnecessary delay before the nearest and most
11accessible judge in the county where the arrest was made or, if
12no additional delay is created, before the nearest and most
13accessible judge in the county from which the warrant was
14issued. The judge may hold a hearing to determine if the
15defendant is the same person as named in the warrant.
16 (b) Notwithstanding the provisions of subsection (a), any
17person arrested in a county other than the one in which a
18warrant for his arrest was issued, may waive the right to be
19taken before a judge in the county where the arrest was made.
20If a person so arrested waives such right, the arresting
21agency shall surrender such person to a law enforcement agency
22of the county that issued the warrant without unnecessary
23delay. The provisions of Section 109-1 shall then apply to the

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1person so arrested.
2 (c) If a person is taken before a judge in any county and a
3warrant for arrest issued by another Illinois county exists
4for that person, the court in the arresting county shall hold
5for that person a detention hearing under Section 110-6.1, or
6other hearing under Section 110-5 or Section 110-6.
7 (d) After the court in the arresting county has determined
8whether the person shall be released or detained on the
9arresting offense, the court shall then order the sheriff to
10immediately contact the sheriff in any county where any
11warrant is outstanding and notify them of the arrest of the
12individual.
13 (e) If a person has a warrant in another county for an
14offense, then, no later than 5 calendar days after the end of
15any detention issued on the charge in the arresting county,
16the county where the warrant is issued outstanding shall
17arrange for the transport of the person to the county where the
18warrant was issued for a hearing under Section 110-6 or
19110-6.1 in the matter for which the warrant was issued. do one
20of the following:
21 (1) transport the person to the county where the
22 warrant was issued for a hearing under Section 110-6 or
23 110-6.1 in the matter for which the warrant was issued; or
24 The arresting county shall (2) quash the warrant and order
25the person released on the case for which the warrant was
26issued only when the county that issued the warrant fails to

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1transport the defendant in the timeline as proscribed in this
2subsection (e).
3 The arresting county is not required to transport the
4person to the county that issued the warrant.
5 (f) If the issuing county fails to take any action under
6subsection (e) within 5 calendar days, the defendant shall be
7released from custody on the warrant, and the circuit judge or
8associate circuit judge in the county of arrest shall set
9conditions of release under Section 110-5 and shall admit the
10defendant to pretrial release for his or her appearance before
11the court named in the warrant. Upon releasing the defendant,
12the circuit judge or associate circuit judge shall certify
13such a fact on the warrant and deliver the warrant and the
14acknowledgment by the defendant of his or her receiving the
15conditions of pretrial release to the officer having charge of
16the defendant from arrest and without delay deliver such
17warrant and such acknowledgment by the defendant of his or her
18receiving the conditions to the court before which the
19defendant is required to appear.
20 (g) If a person has a warrant in another county, in lieu of
21transporting the person to the issuing county as outlined in
22subsection (e), the issuing county may hold the hearing by way
23of a two-way audio-visual communication system if the accused
24waives the right to be physically present in court, the court
25determines that the physical health and safety of any person
26necessary to the proceedings would be endangered by appearing

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