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Public Act 099-0190


 

Public Act 0190 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0190
 
HB1337 EnrolledLRB099 07209 RLC 27304 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 103-1 and 109-1 as follows:
 
    (725 ILCS 5/103-1)  (from Ch. 38, par. 103-1)
    Sec. 103-1. Rights on arrest. (a) After an arrest on a
warrant the person making the arrest shall inform the person
arrested that a warrant has been issued for his arrest and the
nature of the offense specified in the warrant.
    (b) After an arrest without a warrant the person making the
arrest shall inform the person arrested of the nature of the
offense on which the arrest is based.
    (b-5) This subsection is intended to implement and be
interpreted consistently with the Vienna Convention on
Consular Relations, to which the United States is a party.
Article 36 of that Convention guarantees that when foreign
nationals are arrested or detained, they must be advised of
their right to have their consular officials notified, and if
an individual chooses to exercise that right, a law enforcement
official is required to notify the consulate. It does not
create any new substantive State right or remedy.
        (1) In accordance with federal law and the provisions
    of this Section, the law enforcement official in charge of
    a custodial facility shall ensure that any individual
    booked and detained at the facility, within 48 hours of
    booking or detention, shall be advised that if that
    individual is a foreign national, he or she has a right to
    communicate with an official from the consulate of his or
    her country. This subsection (b-5) does not create any
    affirmative duty to investigate whether an arrestee or
    detainee is a foreign national.
        (2) If the foreign national requests consular
    notification or the notification is mandatory by law, the
    law enforcement official in charge of the custodial
    facility shall ensure the notice is given to the
    appropriate officer at the consulate of the foreign
    national in accordance with the U.S. Department of State
    Instructions for Consular Notification and Access.
        (3) The law enforcement official in charge of the
    custodial facility where a foreign national is located
    shall ensure that the foreign national is allowed to
    communicate with, correspond with, and be visited by, a
    consular officer of his or her country.
    (c) No person arrested for a traffic, regulatory or
misdemeanor offense, except in cases involving weapons or a
controlled substance, shall be strip searched unless there is
reasonable belief that the individual is concealing a weapon or
controlled substance.
    (d) "Strip search" means having an arrested person remove
or arrange some or all of his or her clothing so as to permit a
visual inspection of the genitals, buttocks, anus, female
breasts or undergarments of such person.
    (e) All strip searches conducted under this Section shall
be performed by persons of the same sex as the arrested person
and on premises where the search cannot be observed by persons
not physically conducting the search.
    (f) Every peace officer or employee of a police department
conducting a strip search shall:
    (1) Obtain the written permission of the police commander
or an agent thereof designated for the purposes of authorizing
a strip search in accordance with this Section.
    (2) Prepare a report of the strip search. The report shall
include the written authorization required by paragraph (1) of
this subsection (f), the name of the person subjected to the
search, the names of the persons conducting the search, and the
time, date and place of the search. A copy of the report shall
be provided to the person subject to the search.
    (g) No search of any body cavity other than the mouth shall
be conducted without a duly executed search warrant; any
warrant authorizing a body cavity search shall specify that the
search must be performed under sanitary conditions and
conducted either by or under the supervision of a physician
licensed to practice medicine in all of its branches in this
State.
    (h) Any peace officer or employee who knowingly or
intentionally fails to comply with any provision of this
Section, except subsection (b-5) of this Section, is guilty of
official misconduct as provided in Section 103-8; provided
however, that nothing contained in this Section shall preclude
prosecution of a peace officer or employee under another
section of this Code.
    (i) Nothing in this Section shall be construed as limiting
any statutory or common law rights of any person for purposes
of any civil action or injunctive relief.
    (j) The provisions of subsections (c) through (h) of this
Section shall not apply when the person is taken into custody
by or remanded to the sheriff or correctional institution
pursuant to a court order.
(Source: P.A. 81-1509.)
 
    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
    Sec. 109-1. Person arrested.
    (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 judge presides, 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.
    (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
    cases;
        (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 assure
    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. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14;
revised 12-10-14.)

Effective Date: 1/1/2016