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Full Text of SB2531  97th General Assembly




SB2531 EngrossedLRB097 14763 RLC 59787 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 109-1 as follows:
6    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
7    Sec. 109-1. Person arrested.
8    (a) A person arrested with or without a warrant shall be
9taken without unnecessary delay before the nearest and most
10accessible judge in that county, except when such county is a
11participant in a regional jail authority, in which event such
12person may be taken to the nearest and most accessible judge,
13irrespective of the county where such judge presides, and a
14charge shall be filed. Whenever a person arrested either with
15or without a warrant is required to be taken before a judge, a
16charge may be filed against such person by way of a two-way
17closed circuit television system, except that a hearing to deny
18bail to the defendant may not be conducted by way of closed
19circuit television.
20    (b) The judge shall:
21        (1) Inform the defendant of the charge against him and
22    shall provide him with a copy of the charge; .
23        (2) Advise the defendant of his right to counsel and if



SB2531 Engrossed- 2 -LRB097 14763 RLC 59787 b

1    indigent shall appoint a public defender or licensed
2    attorney at law of this State to represent him in
3    accordance with the provisions of Section 113-3 of this
4    Code; .
5        (3) Schedule a preliminary hearing in appropriate
6    cases; and
7        (4) Admit the defendant to bail in accordance with the
8    provisions of Article 110 of this Code; and .
9        (5) If the person was arrested for first degree murder
10    or other violent crime as defined in Section 3 of the
11    Rights of Crime Victims and Witnesses Act, determine the
12    citizenship of the person and if the person arrested is not
13    a citizen of the United States of America, order the
14    confiscation of the person's passport or impose travel
15    restrictions on the person if he or she is admitted to
16    bail.
17    (c) The court may issue an order of protection in
18accordance with the provisions of Article 112A of this Code.
19(Source: P.A. 90-140, eff. 1-1-98.)