HB5414 93RD GENERAL ASSEMBLY

LRB093 17150 RLC 42816 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5414

Introduced 02/06/04, by Michael J. Madigan

SYNOPSIS AS INTRODUCED:

725 ILCS 5/108A-10

from Ch. 38, par. 108A-10

Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning appeals by the State.

A BILL FOR

AN ACT in relation to criminal procedure.

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 108A-10 as follows:

(725 ILCS 5/108A-10) (from Ch. 38, par. 108A-10)

Sec. 108A-10. Appeal by State. In addition to any other right to appeal, the State has shall have the right to appeal from a denial of an application for an order of authorization or approval and the right to appeal the granting of a motion to suppress.

Where the State appeals, such appeal shall be taken within 30 days after the date the order was denied or motion granted and shall be diligently prosecuted.

(Source: P.A. 79-1159.)