Bill Text: IL HB5130 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB5130 Detail]

Download: Illinois-2023-HB5130-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5130 Introduced 2/8/2024, by Rep. Dan Ugaste - Dennis Tipsword, Jr. - David Friess and Dave Severin SYNOPSIS AS INTRODUCED:
725 ILCS 5/109-1 from Ch. 38, par. 109-1
Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 109-1 as follows:
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographic constraints prevent
in-person appearances.
(a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (6) of Section 110-6.1 shall be taken
without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, within
48 hours, and a charge shall be filed. Whenever a person
arrested either with or without a warrant is required to be
taken before a judge, a charge may be filed against such person
by way of a two-way audio-visual communication system, except
that a hearing to deny pretrial release to the defendant may
not be conducted by two-way audio-visual communication system

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unless the accused waives the right to be present physically
in court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
(a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of any offense that is not a felony or Class A or B
misdemeanor unless (i) a law enforcement officer reasonably
believes the accused poses a threat to the community or any
person, (ii) a custodial arrest is necessary because the
criminal activity persists after the issuance of a citation,
or (iii) the accused has an obvious medical or mental health
issue that poses a risk to the accused's own safety. Nothing in
this Section requires arrest in the case of Class A or B
misdemeanor and felony offenses, or otherwise limits existing
law enforcement discretion to decline to effect a custodial
arrest.
(a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,

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except as otherwise provided in this Code, be released by a law
enforcement officer without appearing before a judge. A
presumption in favor of pretrial release shall be applied by
an arresting officer in the exercise of his or her discretion
under this Section.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release is determined
under Article 110 of this Code. If the defendant desires
counsel for his or her initial appearance but is unable to
obtain counsel, the court shall appoint a public defender or
licensed attorney at law of this State to represent him or her.
(b) Upon initial appearance of a person before the court,
the judge shall:
(1) inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) advise the defendant of his right to counsel and
if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) schedule a preliminary hearing in appropriate
cases;
(4) admit the defendant to pretrial release in
accordance with the provisions of Article 110 of this
Code, or upon verified petition of the State, proceed with
the setting of a detention hearing as provided in Section

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110-6.1; and
(5) order the confiscation of the person's passport or
impose travel restrictions on a defendant arrested for
first degree murder or other violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses
Act, if the judge determines, based on the factors in
Section 110-5 of this Code, that this will reasonably
ensure the appearance of the defendant and compliance by
the defendant with all conditions of release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
Crime victims shall be given notice by the State's Attorney's
office of this hearing as required in paragraph (2) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain an order of protection under Article
112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.

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(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsection (a), (b), or (e) of Section 103-5 of this Code
and on the day of the expiration of delay the period shall
continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release
are determined, the person charged shall be present in person
rather than by two-way audio-video communication system unless
the accused waives the right to be present physically in
court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
(g) Defense counsel shall be given adequate opportunity to
confer with the defendant prior to any hearing in which

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