| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning criminal law. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||
5 | amended by changing Section 109-2 as follows: | |||||||||||||||||||
6 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2) | |||||||||||||||||||
7 | Sec. 109-2. Person arrested in another county. | |||||||||||||||||||
8 | (a) Any person arrested in a county other than the one in | |||||||||||||||||||
9 | which a warrant for his arrest was issued shall be taken | |||||||||||||||||||
10 | without unnecessary delay before the nearest and most | |||||||||||||||||||
11 | accessible judge in the county where the arrest was made or, if | |||||||||||||||||||
12 | no additional delay is created, before the nearest and most | |||||||||||||||||||
13 | accessible judge in the county from which the warrant was | |||||||||||||||||||
14 | issued. The judge may hold a hearing to determine if the | |||||||||||||||||||
15 | defendant is the same person as named in the warrant. | |||||||||||||||||||
16 | (b) Notwithstanding the provisions of subsection (a), any | |||||||||||||||||||
17 | person arrested in a county other than the one in which a | |||||||||||||||||||
18 | warrant for his arrest was issued, may waive the right to be | |||||||||||||||||||
19 | taken before a judge in the county where the arrest was made. | |||||||||||||||||||
20 | If a person so arrested waives such right, the arresting | |||||||||||||||||||
21 | agency shall surrender such person to a law enforcement agency | |||||||||||||||||||
22 | of the county that issued the warrant without unnecessary | |||||||||||||||||||
23 | delay. The provisions of Section 109-1 shall then apply to the |
| |||||||
| |||||||
1 | person so arrested. | ||||||
2 | (c) If a person is taken before a judge in any county and a | ||||||
3 | warrant for arrest issued by another Illinois county exists | ||||||
4 | for that person, the court in the arresting county shall hold | ||||||
5 | for that person a detention hearing under Section 110-6.1, or | ||||||
6 | other hearing under Section 110-5 or Section 110-6. | ||||||
7 | (d) After the court in the arresting county has determined | ||||||
8 | whether the person shall be released or detained on the | ||||||
9 | arresting offense, the court shall then order the sheriff to | ||||||
10 | immediately contact the sheriff in any county where any | ||||||
11 | warrant is outstanding and notify them of the arrest of the | ||||||
12 | individual. | ||||||
13 | (e) If a person has a warrant in another county for an | ||||||
14 | offense, then, no later than 5 calendar days after the end of | ||||||
15 | any detention issued on the charge in the arresting county, | ||||||
16 | the county where the warrant is issued outstanding shall | ||||||
17 | arrange for the transport of the person to the county where the | ||||||
18 | warrant was issued for a hearing under Section 110-6 or | ||||||
19 | 110-6.1 in the matter for which the warrant was issued. do one | ||||||
20 | of the following : | ||||||
21 | (1) transport the person to the county where the | ||||||
22 | warrant was issued for a hearing under Section 110-6 or | ||||||
23 | 110-6.1 in the matter for which the warrant was issued; or | ||||||
24 | The arresting county shall (2) quash the warrant and order | ||||||
25 | the person released on the case for which the warrant was | ||||||
26 | issued only when the county that issued the warrant fails to |
| |||||||
| |||||||
1 | transport the defendant in the timeline as proscribed in this | ||||||
2 | subsection (e) . | ||||||
3 | The arresting county is not required to transport the | ||||||
4 | person to the county that issued the warrant. | ||||||
5 | (f) If the issuing county fails to take any action under | ||||||
6 | subsection (e) within 5 calendar days, the defendant shall be | ||||||
7 | released from custody on the warrant, and the circuit judge or | ||||||
8 | associate circuit judge in the county of arrest shall set | ||||||
9 | conditions of release under Section 110-5 and shall admit the | ||||||
10 | defendant to pretrial release for his or her appearance before | ||||||
11 | the court named in the warrant. Upon releasing the defendant, | ||||||
12 | the circuit judge or associate circuit judge shall certify | ||||||
13 | such a fact on the warrant and deliver the warrant and the | ||||||
14 | acknowledgment by the defendant of his or her receiving the | ||||||
15 | conditions of pretrial release to the officer having charge of | ||||||
16 | the defendant from arrest and without delay deliver such | ||||||
17 | warrant and such acknowledgment by the defendant of his or her | ||||||
18 | receiving the conditions to the court before which the | ||||||
19 | defendant is required to appear. | ||||||
20 | (g) If a person has a warrant in another county, in lieu of | ||||||
21 | transporting the person to the issuing county as outlined in | ||||||
22 | subsection (e), the issuing county may hold the hearing by way | ||||||
23 | of a two-way audio-visual communication system if the accused | ||||||
24 | waives the right to be physically present in court, the court | ||||||
25 | determines that the physical health and safety of any person | ||||||
26 | necessary to the proceedings would be endangered by appearing |
| |||||||
| |||||||
1 | in court, or the chief judge of the circuit orders use of that | ||||||
2 | system due to operational challenges in conducting the hearing | ||||||
3 | in person. Such operational challenges must be documented and | ||||||
4 | approved by the chief judge of the circuit, and a plan to | ||||||
5 | address the challenges through reasonable efforts must be | ||||||
6 | presented and approved by the Administrative Office of the | ||||||
7 | Illinois Courts every 6 months. | ||||||
8 | (h) If more than 2 Illinois county warrants exist, the | ||||||
9 | judge in the county of arrest shall order that the process | ||||||
10 | described in subsections (d) through (f) occur in each county | ||||||
11 | in whatever order the judge finds most appropriate. Each judge | ||||||
12 | in each subsequent county shall then follow the rules in this | ||||||
13 | Section. | ||||||
14 | (i) This Section applies only to warrants issued by | ||||||
15 | Illinois state, county, or municipal courts. | ||||||
16 | (j) When an issuing agency is contacted by an out-of-state | ||||||
17 | agency of a person arrested for any offense, or when an | ||||||
18 | arresting agency is contacted by or contacts an out-of-state | ||||||
19 | issuing agency, the Uniform Criminal Extradition Act shall | ||||||
20 | govern. | ||||||
21 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) |