Bill Text: IL SB3505 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB3505 Detail]

Download: Illinois-2023-SB3505-Introduced.html

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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. 107-9
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.
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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 Sections 107-9 and 109-2 as follows:
(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that
an offense has been committed, it shall examine upon oath or
affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or
description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as
definitely as can be done by the complainant; and
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant or summons is sought and the
request is made by electronic means that has a simultaneous
video and audio transmission between the requester and a

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judge, the judge may issue an arrest warrant or summons based
upon a sworn complaint or sworn testimony communicated in the
transmission.
(c) A warrant or summons may be issued by the court for the
arrest or appearance of the person complained against if it
appears from the contents of the complaint and the examination
of the complainant or other witnesses, if any, that the person
against whom the complaint was made has committed an offense.
(d) The warrant of arrest or summons shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the person
to be arrested or summoned or, if his name, sex or birth
date is unknown, shall designate such person by any name
or description by which the person can be identified with
reasonable certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of the judge's office; and
(6) 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;

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(7) Specify the conditions of pretrial release, if
any; and
(8) Specify any geographical limitation placed on the
execution of the warrant, if any, but such limitation
shall not be expressed in mileage.
(e) The summons may be served in the same manner as the
summons in a civil action, except that a police officer may
serve a summons for a violation of an ordinance occurring
within the municipality of the police officer.
(f) If the person summoned fails to appear by the date
required or cannot be located to serve the summons, a warrant
may be issued by the court for the arrest of the person
complained against.
(g) A warrant of arrest issued under this Section shall
incorporate the information included in the summons, and shall
comply with the following:
(1) The arrest warrant shall specify any geographic
limitation placed on the execution of the warrant, but
such limitation shall not be expressed in mileage.
(2) The arrest warrant shall be directed to all peace
officers in the State. It shall be executed by the peace
officer, or by a private person specially named therein,
at any location within the geographic limitation for
execution placed on the warrant. If no geographic
limitation is placed on the warrant, then it may be
executed anywhere in the State.

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(h) The arrest warrant or summons may be issued
electronically or electromagnetically by use of electronic
mail or a facsimile transmission machine and any such arrest
warrant or summons shall have the same validity as a written
arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county.
(a) Any person arrested in a county other than the one in
which a warrant for his arrest was issued shall be taken
without unnecessary delay before the nearest and most
accessible judge in the county where the arrest was made or, if
no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was
issued. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting
agency shall surrender such person to a law enforcement agency
of the county that issued the warrant without unnecessary
delay. The provisions of Section 109-1 shall then apply to the

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person so arrested.
(c) If a person is taken before a judge in any county and a
warrant for arrest issued by another Illinois county exists
for that person, the court in the arresting county shall hold
for that person a detention hearing under Section 110-6.1, or
other hearing under Section 110-5 or Section 110-6.
(d) After the court in the arresting county has determined
whether the person shall be released or detained on the
arresting offense, the court shall then order the sheriff to
immediately contact the sheriff in any county where any
warrant is outstanding and notify them of the arrest of the
individual.
(e) 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 outstanding shall do one of the
following:
(1) transport the person to the county where the
warrant was issued for a hearing under Section 110-6 or
110-6.1 in the matter for which the warrant was issued; or
(2) mark quash the warrant as served 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.
(f) If the issuing county fails to take any action under
subsection (e) within 5 calendar days, the defendant shall be

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released from custody on the warrant, and the circuit judge or
associate circuit judge in the county of arrest shall set
conditions of release under Section 110-5 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. Upon releasing the defendant, the circuit judge or
associate circuit judge shall certify such a fact on the
warrant and deliver the warrant and the acknowledgment by the
defendant of his or her receiving the conditions of pretrial
release to the officer having charge of the defendant from
arrest and without delay deliver such warrant and such
acknowledgment by the defendant of his or her receiving the
conditions to the court before which the defendant is required
to appear.
(g) If a person has a warrant in another county, in lieu of
transporting the person to the issuing county as outlined in
subsection (e), the issuing county may hold the hearing by way
of a two-way audio-visual communication system if the accused
waives the right to be physically present 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

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