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| | 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. |
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| | A BILL FOR |
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| | HB5124 | | LRB103 35874 RLC 65959 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Section 109-2 as follows:
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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 |
9 | | which a warrant for his arrest was issued shall be taken |
10 | | without unnecessary delay before the nearest and most |
11 | | accessible judge in the county where the arrest was made or, if |
12 | | no additional delay is created, before the nearest and most |
13 | | accessible judge in the county from which the warrant was |
14 | | issued. The judge may hold a hearing to determine if the |
15 | | defendant is the same person as named in the warrant. |
16 | | (b) Notwithstanding the provisions of subsection (a), any |
17 | | person arrested in a county other than the one in which a |
18 | | warrant for his arrest was issued, may waive the right to be |
19 | | taken before a judge in the county where the arrest was made. |
20 | | If a person so arrested waives such right, the arresting |
21 | | agency shall surrender such person to a law enforcement agency |
22 | | of the county that issued the warrant without unnecessary |
23 | | delay. The provisions of Section 109-1 shall then apply to the |