91st General Assembly
Status of HB3841
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DURKIN.

(CRONIN)

   735 ILCS 5/10-131         from Ch. 110, par. 10-131                         

        Amends the Code of Civil Procedure.  Provides that a  person  may      
   be removed from the custody of a prison or a sheriff or other officer       
   when done by habeas corpus order, grand jury subpoena, written request      
   of a State's Attorney or assistant State's  Attorney,  or  some  other      
   legal  process  or  when  expressly  authorized by law (now, by habeas      
   corpus order or some other legal process or when expressly  authorized      
   by law).  Effective immediately.                                            
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes all  substantive  changes.   Amends  the  Code  of  Civil      
   Procedure.    Provides  that  a  person in the custody of a sheriff or      
   other officer or person for a criminal matter may be removed to  other      
   custody,  within  the  same  county, by grand jury subpoena or written      
   request  certified  by  a  State's   Attorney   or   duly   authorized      
   representative.   These  provisions  do  not  apply  to persons in the      
   custody of the Department of Corrections.                                   
        HOUSE AMENDMENT NO. 2.                                                 
        Limits application of the bill to  counties  of  over  3,000,000.      
   Permits removal of a prisoner to another  custody  if  ordered  by  an      
   assistant State's Attorney, or pursuant to some other legal process,        
   or when expressly allowed by law.                                           
        SENATE AMENDMENT NO. 1.                                                
        Provides that a person in custody of the sheriff in  Cook  County      
   may  (instead  of shall) be removed to a prison or other custody under      
   specified circumstances.  Provides that the sheriff and  other  county      
   employees  are not liable for injuries resulting from or following the      
   release of a person from custody.                                           
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          735 ILCS 5/10-131                                                    
          Adds reference to:                                                   
          730 ILCS 125/19.5 new                                                
        Deletes everything.  Amends the County Jail Act.  Requires county      
   sheriffs to adopt and implement a written policy that provides for the      
   release of persons  in  the  custody  of  the  sheriff  to  other  law      
   enforcement  personnel  or  the  State's  Attorney  for the purpose of      
   furthering investigations into criminal matters.    Provides that  the      
   sheriff  is  not  liable for any injury to the person released or to a      
   third party during the period that  the  person  released  is  in  the      
   custody  of  other  law enforcement personnel or the State's Attorney,      
   unless the sheriff or a deputy  sheriff,  correctional  guard,  lockup      
   keeper,  or  county  employee  is guilty of willful and wanton conduct      
   that proximately caused the injury.  Effective immediately.                 
   00-01-25  H  FILED WITH CLERK                                               
   00-01-25  H  FIRST READING                                                  
   00-01-25  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-01-27  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   00-02-03  H  DO PASS/SHORT DEBATE                     009-000-000   HJUB    
   00-02-03  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   00-02-08  H                             AMENDMENT NO. 01-DURKIN             
   00-02-08  H                     AMENDMENT REFERRED TO HRUL                  
   00-02-08  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   00-02-22  H                             AMENDMENT NO. 01-DURKIN             
   00-02-22  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   00-02-22  H  SECOND READING-SHORT DEBATE                                    
   00-02-22  H                             AMENDMENT NO. 01-DURKIN             
   00-02-22  H                                   ADOPTED                       
   00-02-22  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-02-29  H  MOTION PREVAILED- RECALL TO 2ND READING                        
   00-02-29  H                             AMENDMENT NO. 02-DURKIN             
   00-02-29  H                     AMENDMENT REFERRED TO HRUL                  
   00-02-29  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   00-03-01  H                             AMENDMENT NO. 02-DURKIN             
   00-03-01  H                           RULES REFERS TO HJUB                  
   00-03-01  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   00-03-03  H                             AMENDMENT NO. 02-DURKIN             
   00-03-03  H  RECOMMENDS BE ADOPTED                    HJUB/013-000-000      
   00-03-03  H                             AMENDMENT NO. 02-DURKIN             
   00-03-03  H                                   ADOPTED                       
   00-03-03  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-03-03  H  THIRD READING/SHORT DEBATE/PASSED        116-000-000           
   00-03-06  S  ARRIVE IN SENATE                                               
   00-03-06  S  PLACED CALENDAR ORDER OF FIRST READING   00-03-07              
   00-03-08  S  CHIEF SPONSOR                            CULLERTON             
   00-03-08  S  FIRST READING                                                  
   00-03-08  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-03-23  S  SPONSOR REMOVED                          CULLERTON             
   00-03-23  S  ALTERNATE CHIEF SPONSOR CHANGED TO       CRONIN                
   00-11-14  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   00-11-29  S                             AMENDMENT NO. 01-JUDICIARY     S    
   00-11-29  S                                   ADOPTED                       
   00-11-29  S       DO PASS AS AMENDED                  010-000-000   SJUD    
   00-11-29  S  PLACED ON CALENDAR ORDER OF 2ND READING  00-11-30              
   00-11-29  S  SECOND READING                                                 
   00-11-29  S  PLACED ON CALENDAR ORDER OF 3RD READING  00-11-30              
   01-01-01  S  REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES         SRUL    
   01-01-08  S  FILED WITH SECRETARY                                           
   01-01-08  S                             AMENDMENT NO. 02-CRONIN             
   01-01-08  S                     AMENDMENT REFERRED TO SRUL                  
   01-01-09  S  APPROVED FOR CONSIDERATION               SRUL          SRUL    
   01-01-09  S                             AMENDMENT NO. 02-CRONIN             
   01-01-09  S             BE APPROVED FOR CONSIDERATION SRUL                  
   01-01-09  S  RECALLED TO SECOND READING                                     
   01-01-09  S                             AMENDMENT NO. 02-CRONIN             
   01-01-09  S                                   ADOPTED                       
   01-01-09  S  PLACED ON CALENDAR ORDER OF 3RD READING                        
   01-01-09  S  THIRD READING - PASSED                   047-008-003           
   01-01-09  H  ARRIVE IN HOUSE                                                
   01-01-09  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02                 
   01-01-09  H  MOTION FILED CONCUR                      01,02/DURKIN          
   01-01-09  H                        MOTION REFERRED TO HRUL                  
   01-01-09  H                           RULES REFERS TO HJUA                  
   01-01-09  H  MOTION PREVAILED TO SUSPEND RULE 25                            
   01-01-09  H  BE APPROVED FOR CONSIDERATION - LOST     HJUA/002-009-000      
   01-01-09  H  CALENDAR ORDER OF CONCURRENCE            01,02                 
   01-01-09  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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