State of Illinois
91st General Assembly
Legislation

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91_HB3841eng

 
HB3841 Engrossed                               LRB9112820REdv

 1        AN ACT to amend the Code of Civil Procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 10-131 as follows:

 6        (735 ILCS 5/10-131) (from Ch. 110, par. 10-131)
 7        Sec. 10-131. Custody not to be changed.
 8        (a)  Any  person being committed to any prison, or in the
 9    custody of any sheriff or other officer  or  person  for  any
10    criminal  or  supposed  criminal matter, shall not be removed
11    therefrom into any other prison or custody, unless it is done
12    by habeas corpus order or some other legal process or when it
13    is expressly allowed by law. If any person removes, or causes
14    to be removed any prisoner  so  committed,  except  as  above
15    provided, he or she shall forfeit to the party affected a sum
16    not exceeding $300.
17        (b)  Any  person  in the custody of a sheriff in a county
18    of over 3,000,000 inhabitants for any criminal matter,  shall
19    be  removed  therefrom  into any other prison or custody when
20    done by grand jury subpoena or written request by  a  State's
21    Attorney,  or  an  assistant  State's Attorney, or some other
22    legal process, or when it is expressly allowed by law.
23        (c)  Subsection (b) does not apply to any person  in  the
24    custody of the Illinois Department of Corrections.
25        (d)  If  any person removes, or causes to be removed, any
26    prisoner or  person  so  committed,  except  as  provided  in
27    subsections (a) and (b), he or she shall forfeit to the party
28    affected a sum not exceeding $300.
29    (Source: P.A. 83-707.)

30        Section  99.  Effective date.  This Act takes effect upon
 
HB3841 Engrossed            -2-                LRB9112820REdv
 1    becoming law.

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