103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4051

 

Introduced 4/27/2023, by Rep. Dennis Tipsword, Jr. - Patrick Windhorst and Kevin Schmidt

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/109-2  from Ch. 38, par. 109-2

    Amends the Code of Criminal Procedure of 1963. Provides that, if a person is arrested in any county and the prosecutor files criminal charges based on that arrest and warrants for arrest issued by any other Illinois county exist for that person, then the court in the arresting county shall first hold, for that person, a detention hearing or other conditions of release hearing for the newly filed charges. Provides that, if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county in which the warrant is outstanding may authorize the person's release from custody pursuant to a notice to appear in court in the issuing county on a date and time provided by the court in the issuing county. Makes other changes in these cases.


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A BILL FOR

 

HB4051LRB103 31724 RLC 60306 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 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
9which a warrant for his arrest was issued shall be taken
10without unnecessary delay before the nearest and most
11accessible judge in the county where the arrest was made or, if
12no additional delay is created, before the nearest and most
13accessible judge in the county from which the warrant was
14issued. The judge may hold a hearing to determine if the
15defendant is the same person as named in the warrant.
16    (b) Notwithstanding the provisions of subsection (a), any
17person arrested in a county other than the one in which a
18warrant for his arrest was issued, may waive the right to be
19taken before a judge in the county where the arrest was made.
20If a person so arrested waives such right, the arresting
21agency shall surrender such person to a law enforcement agency
22of the county that issued the warrant without unnecessary
23delay. The provisions of Section 109-1 shall then apply to the

 

 

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1person so arrested.
2    (c) If a person is arrested in any county and the
3prosecutor files criminal charges based on that arrest and
4warrants is taken before a judge in any county and a warrant
5for arrest issued by any other another Illinois county exist
6exists for that person, the court in the arresting county
7shall first hold for that person a detention hearing under
8Section 110-6.1, or other hearing under Section 110-5 or
9Section 110-6, for the newly filed charges in that county.
10    (d) After the court in the arresting county has determined
11whether the person shall be released or detained on the newly
12filed charges in that county pursuant to subsection (c)
13arresting offense, the court shall then order the sheriff to
14immediately contact the sheriff in any county where any
15warrant is outstanding and notify them of the arrest of the
16individual.
17    (e) If a person has a warrant in another county for an
18offense, then, no later than 5 calendar days after the end of
19any detention issued on the charge in the arresting county,
20the county where the warrant is outstanding shall do one of the
21following:
22        (1) transport the person to the county where the
23    warrant was issued for a hearing under Section 110-6 or
24    110-6.1 in the matter for which the warrant was issued; or
25        (2) quash the warrant and order the person released on
26    the case for which the warrant was issued only when the

 

 

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1    county that issued the warrant fails to transport the
2    defendant in the timeline as proscribed; or
3        (3) authorize the person's release from custody
4    pursuant to a notice to appear in court in the issuing
5    county on a date and time provided by the court in the
6    issuing county.
7    (f) (Blank). If the issuing county fails to take any
8action under subsection (e) within 5 calendar days, the
9defendant shall be released from custody on the warrant, and
10the circuit judge or associate circuit judge in the county of
11arrest shall set conditions of release under Section 110-5 and
12shall admit the defendant to pretrial release for his or her
13appearance before the court named in the warrant. Upon
14releasing the defendant, the circuit judge or associate
15circuit judge shall certify such a fact on the warrant and
16deliver the warrant and the acknowledgment by the defendant of
17his or her receiving the conditions of pretrial release to the
18officer having charge of the defendant from arrest and without
19delay deliver such warrant and such acknowledgment by the
20defendant of his or her receiving the conditions to the court
21before which the defendant is required to appear.
22    (g) (Blank). If a person has a warrant in another county,
23in lieu of transporting the person to the issuing county as
24outlined in subsection (e), the issuing county may hold the
25hearing by way of a two-way audio-visual communication system
26if the accused waives the right to be physically present in

 

 

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1court, the court determines that the physical health and
2safety of any person necessary to the proceedings would be
3endangered by appearing in court, or the chief judge of the
4circuit orders use of that system due to operational
5challenges in conducting the hearing in person. Such
6operational challenges must be documented and approved by the
7chief judge of the circuit, and a plan to address the
8challenges through reasonable efforts must be presented and
9approved by the Administrative Office of the Illinois Courts
10every 6 months.
11    (h) (Blank). If more than 2 Illinois county warrants
12exist, the judge in the county of arrest shall order that the
13process described in subsections (d) through (f) occur in each
14county in whatever order the judge finds most appropriate.
15Each judge in each subsequent county shall then follow the
16rules in this Section.
17    (i) This Section applies only to warrants issued by
18Illinois state, county, or municipal courts.
19    (j) When an issuing agency is contacted by an out-of-state
20agency of a person arrested for any offense, or when an
21arresting agency is contacted by or contacts an out-of-state
22issuing agency, the Uniform Criminal Extradition Act shall
23govern.
24(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)