Synopsis of Bill as introduced:
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.
Last action on Bill: SESSION SINE DIE
Last action date: 01-01-09
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 2
END OF INQUIRY
Full Text Bill Status