(735 ILCS 5/10-129) (from Ch. 110, par. 10-129)
Sec. 10-129.
Penalty for rearrest of person discharged.
Any person
who, knowing that another has been discharged by
order of a competent court on a habeas corpus, shall,
contrary to the provisions of Article X of this Act, arrest or detain him
or her again for
the same cause which was shown on the return to such order, shall forfeit
$500 for the first offense, and $1,000 for every subsequent offense.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-130) (from Ch. 110, par. 10-130)
Sec. 10-130.
Prisoner not to be removed from county.
To prevent any
person from avoiding or delaying his or her trial,
it shall not be lawful to remove any prisoner on habeas corpus under
Article X of this Act out of the county in which he or she is confined, within 15 days
next preceding the first day of the calendar month in which such person
ought to be tried unless it is done to convey him or her into the county where the
offense with which he or she stands charged is properly cognizable.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-131) (from Ch. 110, par. 10-131)
Sec. 10-131.
Custody not to be changed.
Any person being committed to
any prison, or in the custody
of any sheriff or other officer or person for any criminal or supposed
criminal matter, shall not be removed therefrom into any other prison or
custody, unless it is done by habeas corpus order or some other legal process or when
it is expressly allowed by law. If any person removes, or causes to
be removed any prisoner so committed, except as above provided, he or she shall
forfeit to the party affected a sum not exceeding $300.
(Source: P.A. 83-707.)
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(735 ILCS 5/10-132) (from Ch. 110, par. 10-132)
Sec. 10-132.
Avoidance of order - Punishment.
Any one having a person
in his or her custody, or under his or her restraint, power or control,
for whose relief an order of habeas corpus is
entered, who, with intent to avoid the effect of such order,
transfers such person to the custody or places him or her
under the control of another, or conceals him or her, or changes the place
of his or her confinement,
with intent to avoid the operation of such order, or with intent to remove
him or her out of the State, shall, for every such offense, be guilty of
a Class 4 felony. In any prosecution for the penalty incurred under this
Section it shall not be necessary to show that the order of habeas
corpus had been entered at the time of the removal, transfer or concealment
therein mentioned, if it is proven that the acts therein forbidden were
done with the intent to avoid the operation of such order.
(Source: P.A. 83-707.)
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(735 ILCS 5/10-133) (from Ch. 110, par. 10-133)
Sec. 10-133.
Penalties - How recovered.
All the pecuniary forfeitures
incurred under this Act shall
inure to the use of the party for whose benefit the order of habeas
corpus was entered, and shall be sued for and recovered with costs, by the
Attorney General or State's Attorney, in the name of the State, by
complaint; and the amount, when recovered, shall, without any deduction,
be paid to the party entitled thereto.
(Source: P.A. 82-280.)
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