91st General Assembly
Summary of HB3841
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
House Sponsors:
DURKIN.

Senate Sponsors:
CRONIN

Short description: 
PRISONER CUSTODY-CHANGE                                                    

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure.  Provides that a  person  may      
   be removed from the custody of a prison or a sheriff or other officer       
   when done by habeas corpus order, grand jury subpoena, written request      
   of a State's Attorney or assistant State's  Attorney,  or  some  other      
   legal  process  or  when  expressly  authorized by law (now, by habeas      
   corpus order or some other legal process or when expressly  authorized      
   by law).  Effective immediately.                                            
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes all  substantive  changes.   Amends  the  Code  of  Civil      
   Procedure.    Provides  that  a  person in the custody of a sheriff or      
   other officer or person for a criminal matter may be removed to  other      
   custody,  within  the  same  county, by grand jury subpoena or written      
   request  certified  by  a  State's   Attorney   or   duly   authorized      
   representative.   These  provisions  do  not  apply  to persons in the      
   custody of the Department of Corrections.                                   
        HOUSE AMENDMENT NO. 2.                                                 
        Limits application of the bill to  counties  of  over  3,000,000.      
   Permits removal of a prisoner to another  custody  if  ordered  by  an      
   assistant State's Attorney, or pursuant to some other legal process,        
   or when expressly allowed by law.                                           
        SENATE AMENDMENT NO. 1.                                                
        Provides that a person in custody of the sheriff in  Cook  County      
   may  (instead  of shall) be removed to a prison or other custody under      
   specified circumstances.  Provides that the sheriff and  other  county      
   employees  are not liable for injuries resulting from or following the      
   release of a person from custody.                                           
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          735 ILCS 5/10-131                                                    
          Adds reference to:                                                   
          730 ILCS 125/19.5 new                                                
        Deletes everything.  Amends the County Jail Act.  Requires county      
   sheriffs to adopt and implement a written policy that provides for the      
   release of persons  in  the  custody  of  the  sheriff  to  other  law      
   enforcement  personnel  or  the  State's  Attorney  for the purpose of      
   furthering investigations into criminal matters.    Provides that  the      
   sheriff  is  not  liable for any injury to the person released or to a      
   third party during the period that  the  person  released  is  in  the      
   custody  of  other  law enforcement personnel or the State's Attorney,      
   unless the sheriff or a deputy  sheriff,  correctional  guard,  lockup      
   keeper,  or  county  employee  is guilty of willful and wanton conduct      
   that proximately caused the injury.  Effective immediately.                 
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   2


   END OF INQUIRY 



 Full Text  Bill Status