Illinois General Assembly - Bill Status for SB1906
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 Bill Status of SB1906  100th General Assembly


Short Description:  CRIM PRO-FOREIGN ARRESTEES

Senate Sponsors
Sen. Kwame Raoul

Last Action
DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/103-1from Ch. 38, par. 103-1
725 ILCS 5/109-1from Ch. 38, par. 109-1


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. Provides that neither the fact that a foreign national is identified as such, nor that he or she invokes the right to consular notification shall provide any law enforcement official with reason to believe that the person is unlawfully present in the United States or reason to otherwise inquire about that person's immigrant status in the United States. Provides that 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 such notice has not already been provided. Provides that the court must make a written record of so advising the defendant. Provides that 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. Provides that if consular notice is not provided before conviction and sentencing, the Appellate Court shall remand the case to the trial court if the defendant can show that he or she suffered prejudice as a result of the lack of consular notice.

Actions 
DateChamber Action
  2/10/2011SenateFiled with Secretary by Sen. Kwame Raoul
  2/10/2011SenateFirst Reading
  2/10/2011SenateReferred to Assignments
  3/2/2011SenateAssigned to Criminal Law
  3/9/2011SenateHeld in Criminal Law
  3/17/2011SenateDo Pass Criminal Law; 007-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 29, 2011
  3/29/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  3/29/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/30/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/6/2011SenateSenate Floor Amendment No. 1 Postponed - Criminal Law
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  7/23/2011SenateSenate Floor Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  1/8/2013SenateSession Sine Die

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