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Public Act 101-0239


 

Public Act 0239 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0239
 
HB1583 EnrolledLRB101 06265 SLF 51291 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 Section 107-9 as follows:
 
    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
    Sec. 107-9. Issuance of arrest warrant upon complaint.
    (a) When a complaint is presented to a court charging that
an offense has been committed it shall examine upon oath or
affirmation the complainant or any witnesses.
    (b) The complaint shall be in writing and shall:
        (1) State the name of the accused if known, and if not
    known the accused may be designated by any name or
    description by which he can be identified with reasonable
    certainty;
        (2) State the offense with which the accused is
    charged;
        (3) State the time and place of the offense as
    definitely as can be done by the complainant; and
        (4) Be subscribed and sworn to by the complainant.
    (b-5) If an arrest warrant is sought and the request is
made by electronic means that has a simultaneous video and
audio transmission between the requester and a judge, the judge
may issue an arrest warrant based upon a sworn complaint or
sworn testimony communicated in the transmission.
    (c) A warrant shall be issued by the court for the arrest
of the person complained against if it appears from the
contents of the complaint and the examination of the
complainant or other witnesses, if any, that the person against
whom the complaint was made has committed an offense.
    (d) The warrant of arrest shall:
        (1) Be in writing;
        (2) Specify the name, sex and birth date of the person
    to be arrested or if his name, sex or birth date is
    unknown, shall designate such person by any name or
    description by which he can be identified with reasonable
    certainty;
        (3) Set forth the nature of the offense;
        (4) State the date when issued and the municipality or
    county where issued;
        (5) Be signed by the judge of the court with the title
    of his office;
        (6) Command that the person against whom the complaint
    was made be arrested and brought before the court issuing
    the warrant or if he is absent or unable to act before the
    nearest or most accessible court in the same county;
        (7) Specify the amount of bail; and
        (8) Specify any geographical limitation placed on the
    execution of the warrant, but such limitation shall not be
    expressed in mileage.
    (e) The warrant shall be directed to all peace officers in
the State. It shall be executed by the peace officer, or by a
private person specially named therein, at any location within
the geographic limitation for execution placed on the warrant.
If no geographic limitation is placed on the warrant, then it
may be executed anywhere in the State.
    (f) The arrest warrant may be issued electronically or
electromagnetically by use of electronic mail or a facsimile
transmission machine and any arrest such warrant shall have the
same validity as a written warrant.
(Source: P.A. 86-298; 87-523.)

Effective Date: 1/1/2020