Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1. Persons charged with felonies. (a) In any case involving a person charged with a felony in this State,
alleged to have been committed on or after January 1, 1984, the provisions
of this Section shall apply.
(b) Every person in custody in this State for the alleged commission of
a felony shall receive either a preliminary examination as provided in Section
109-3 or an indictment by Grand Jury as provided in Section 111-2, within
30 days from the date he or she was taken into custody. Every person released pretrial for the alleged commission of a felony shall receive
either a preliminary examination as provided in Section 109-3 or an indictment
by Grand Jury as provided in Section 111-2, within 60 days from the date he
or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand |
| Jury on the felony offense for which he or she was initially taken into custody or on an offense arising from the same transaction or conduct of the defendant that was the basis for the felony offense or offenses initially charged; or
|
|
(3) when a competency examination is ordered by the
|
|
(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial
|
|
(6) when the case has been continued by the court
|
| under Section 114-4 of this Code after a determination that the defendant is physically incompetent to stand trial.
|
|
(c) Delay occasioned by the defendant shall temporarily suspend, for the
time of the delay, the period within which the preliminary examination must
be held. On the day of expiration of the delay the period in question shall
continue at the point at which it was suspended.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
|
