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(725 ILCS 5/109-1)
(from Ch. 38, par. 109-1)
(a) A person arrested with or without a warrant 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
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 closed circuit
television system, except that a hearing to deny bail to the defendant may
not be conducted by way of closed circuit television.
(a-5) A person charged with an offense shall be allowed counsel at the hearing at which bail 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 for purposes of that hearing.
(b) 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
(4) Admit the defendant to bail in accordance with
the provisions of Article 110 of this Code; 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.
(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.
(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 subsections (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.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, eff. 1-1-18