Sen. Ira I. Silverstein

Filed: 3/12/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 39

2    AMENDMENT NO. ______. Amend Senate Bill 39, by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 109-1 as follows:
 
6    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
7    Sec. 109-1. Person arrested.
8    (a) A person arrested with or without a warrant shall be
9taken without unnecessary delay before the nearest and most
10accessible judge in that county, except when such county is a
11participant in a regional jail authority, in which event such
12person may be taken to the nearest and most accessible judge,
13irrespective of the county where such judge presides, and a
14charge shall be filed. Whenever a person arrested either with
15or without a warrant is required to be taken before a judge, a
16charge may be filed against such person by way of a two-way

 

 

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1closed circuit television system, except that a hearing to deny
2bail to the defendant may not be conducted by way of closed
3circuit television.
4    (b) The judge shall:
5        (1) Inform the defendant of the charge against him and
6    shall provide him with a copy of the charge;
7        (2) Advise the defendant of his right to counsel and if
8    indigent shall appoint a public defender or licensed
9    attorney at law of this State to represent him in
10    accordance with the provisions of Section 113-3 of this
11    Code;
12        (3) Schedule a preliminary hearing in appropriate
13    cases; and
14        (4) Admit the defendant to bail in accordance with the
15    provisions of Article 110 of this Code; and .
16        (5) Order the confiscation of the person's passport or
17    impose travel restrictions on a defendant arrested for
18    first degree murder or other violent crime as defined in
19    Section 3 of the Rights of Crime Victims and Witnesses Act,
20    if the judge determines based on the factors in Section
21    110-5 of this Code, that this will reasonably assure the
22    appearance of the defendant and compliance by the defendant
23    with all conditions of release.
24    (c) The court may issue an order of protection in
25accordance with the provisions of Article 112A of this Code.
26(Source: P.A. 97-813, eff. 7-13-12.)".