HB1337 EnrolledLRB099 07209 RLC 27304 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 103-1 and 109-1 as follows:
 
6    (725 ILCS 5/103-1)  (from Ch. 38, par. 103-1)
7    Sec. 103-1. Rights on arrest. (a) After an arrest on a
8warrant the person making the arrest shall inform the person
9arrested that a warrant has been issued for his arrest and the
10nature of the offense specified in the warrant.
11    (b) After an arrest without a warrant the person making the
12arrest shall inform the person arrested of the nature of the
13offense on which the arrest is based.
14    (b-5) This subsection is intended to implement and be
15interpreted consistently with the Vienna Convention on
16Consular Relations, to which the United States is a party.
17Article 36 of that Convention guarantees that when foreign
18nationals are arrested or detained, they must be advised of
19their right to have their consular officials notified, and if
20an individual chooses to exercise that right, a law enforcement
21official is required to notify the consulate. It does not
22create any new substantive State right or remedy.
23        (1) In accordance with federal law and the provisions

 

 

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1    of this Section, the law enforcement official in charge of
2    a custodial facility shall ensure that any individual
3    booked and detained at the facility, within 48 hours of
4    booking or detention, shall be advised that if that
5    individual is a foreign national, he or she has a right to
6    communicate with an official from the consulate of his or
7    her country. This subsection (b-5) does not create any
8    affirmative duty to investigate whether an arrestee or
9    detainee is a foreign national.
10        (2) If the foreign national requests consular
11    notification or the notification is mandatory by law, the
12    law enforcement official in charge of the custodial
13    facility shall ensure the notice is given to the
14    appropriate officer at the consulate of the foreign
15    national in accordance with the U.S. Department of State
16    Instructions for Consular Notification and Access.
17        (3) The law enforcement official in charge of the
18    custodial facility where a foreign national is located
19    shall ensure that the foreign national is allowed to
20    communicate with, correspond with, and be visited by, a
21    consular officer of his or her country.
22    (c) No person arrested for a traffic, regulatory or
23misdemeanor offense, except in cases involving weapons or a
24controlled substance, shall be strip searched unless there is
25reasonable belief that the individual is concealing a weapon or
26controlled substance.

 

 

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1    (d) "Strip search" means having an arrested person remove
2or arrange some or all of his or her clothing so as to permit a
3visual inspection of the genitals, buttocks, anus, female
4breasts or undergarments of such person.
5    (e) All strip searches conducted under this Section shall
6be performed by persons of the same sex as the arrested person
7and on premises where the search cannot be observed by persons
8not physically conducting the search.
9    (f) Every peace officer or employee of a police department
10conducting a strip search shall:
11    (1) Obtain the written permission of the police commander
12or an agent thereof designated for the purposes of authorizing
13a strip search in accordance with this Section.
14    (2) Prepare a report of the strip search. The report shall
15include the written authorization required by paragraph (1) of
16this subsection (f), the name of the person subjected to the
17search, the names of the persons conducting the search, and the
18time, date and place of the search. A copy of the report shall
19be provided to the person subject to the search.
20    (g) No search of any body cavity other than the mouth shall
21be conducted without a duly executed search warrant; any
22warrant authorizing a body cavity search shall specify that the
23search must be performed under sanitary conditions and
24conducted either by or under the supervision of a physician
25licensed to practice medicine in all of its branches in this
26State.

 

 

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1    (h) Any peace officer or employee who knowingly or
2intentionally fails to comply with any provision of this
3Section, except subsection (b-5) of this Section, is guilty of
4official misconduct as provided in Section 103-8; provided
5however, that nothing contained in this Section shall preclude
6prosecution of a peace officer or employee under another
7section of this Code.
8    (i) Nothing in this Section shall be construed as limiting
9any statutory or common law rights of any person for purposes
10of any civil action or injunctive relief.
11    (j) The provisions of subsections (c) through (h) of this
12Section shall not apply when the person is taken into custody
13by or remanded to the sheriff or correctional institution
14pursuant to a court order.
15(Source: P.A. 81-1509.)
 
16    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
17    Sec. 109-1. Person arrested.
18    (a) A person arrested with or without a warrant shall be
19taken without unnecessary delay before the nearest and most
20accessible judge in that county, except when such county is a
21participant in a regional jail authority, in which event such
22person may be taken to the nearest and most accessible judge,
23irrespective of the county where such judge presides, and a
24charge shall be filed. Whenever a person arrested either with
25or without a warrant is required to be taken before a judge, a

 

 

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

 

 

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1    (d) At the initial appearance of a defendant in any
2criminal proceeding, the court must advise the defendant in
3open court that any foreign national who is arrested or
4detained has the right to have notice of the arrest or
5detention given to his or her country's consular
6representatives and the right to communicate with those
7consular representatives if the notice has not already been
8provided. The court must make a written record of so advising
9the defendant.
10    (e) If consular notification is not provided to a defendant
11before his or her first appearance in court, the court shall
12grant any reasonable request for a continuance of the
13proceedings to allow contact with the defendant's consulate.
14Any delay caused by the granting of the request by a defendant
15shall temporarily suspend for the time of the delay the period
16within which a person shall be tried as prescribed by
17subsections (a), (b), or (e) of Section 103-5 of this Code and
18on the day of the expiration of delay the period shall continue
19at the point at which it was suspended.
20(Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14;
21revised 12-10-14.)