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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau 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.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/10-127
(735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
Sec. 10-127. Grant of habeas corpus. It is not lawful for any court, on a second
order of habeas corpus obtained by such prisoner, to discharge the prisoner,
if he or she is clearly and specifically charged in the warrant of
commitment with a criminal offense; but the court shall,
on the return of such second order, have power only to admit such
prisoner to pretrial release where the offense is eligible for pretrial release by law, or remand him or
her to prison where the offense is not eligible for pretrial release, or being eligible for pretrial release, where such
prisoner fails to comply with the terms of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23 .)
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735 ILCS 5/10-128
(735 ILCS 5/10-128) (from Ch. 110, par. 10-128)
Sec. 10-128.
Person discharged again imprisoned.
No person who has
been discharged by order of the court
on a habeas corpus, shall be again imprisoned, restrained or kept
in custody for the same cause, unless he or she is afterwards indicted for the
same offense, nor unless by the legal order or process of the court
wherein he or she is bound by recognizance to appear. The following shall not
be deemed to be the same cause:
1. If, after a discharge for a defect of proof, or any material
defect in the commitment, in a criminal case, the prisoner is
again arrested on sufficient proof, and committed by legal process for
the same offense.
2. If, in a civil action, the party has been discharged for any
illegality in the judgment or process, and is afterwards imprisoned by
legal process for the same cause of action.
3. Generally, whenever the discharge is ordered on account of
the non-observance of any of the forms required by law, the party may be
a second time imprisoned if the cause is legal and the forms required by
law observed.
(Source: P.A. 82-280.)
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735 ILCS 5/10-129
(735 ILCS 5/10-129) (from Ch. 110, par. 10-129)
Sec. 10-129.
Penalty for rearrest of person discharged.
Any person
who, knowing that another has been discharged by
order of a competent court on a habeas corpus, shall,
contrary to the provisions of Article X of this Act, arrest or detain him
or her again for
the same cause which was shown on the return to such order, shall forfeit
$500 for the first offense, and $1,000 for every subsequent offense.
(Source: P.A. 82-280.)
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735 ILCS 5/10-130
(735 ILCS 5/10-130) (from Ch. 110, par. 10-130)
Sec. 10-130.
Prisoner not to be removed from county.
To prevent any
person from avoiding or delaying his or her trial,
it shall not be lawful to remove any prisoner on habeas corpus under
Article X of this Act out of the county in which he or she is confined, within 15 days
next preceding the first day of the calendar month in which such person
ought to be tried unless it is done to convey him or her into the county where the
offense with which he or she stands charged is properly cognizable.
(Source: P.A. 82-280.)
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735 ILCS 5/10-131
(735 ILCS 5/10-131) (from Ch. 110, par. 10-131)
Sec. 10-131.
Custody not to be changed.
Any person being committed to
any prison, or in the custody
of any sheriff or other officer or person for any criminal or supposed
criminal matter, shall not be removed therefrom into any other prison or
custody, unless it is done by habeas corpus order or some other legal process or when
it is expressly allowed by law. If any person removes, or causes to
be removed any prisoner so committed, except as above provided, he or she shall
forfeit to the party affected a sum not exceeding $300.
(Source: P.A. 83-707.)
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735 ILCS 5/10-132
(735 ILCS 5/10-132) (from Ch. 110, par. 10-132)
Sec. 10-132.
Avoidance of order - Punishment.
Any one having a person
in his or her custody, or under his or her restraint, power or control,
for whose relief an order of habeas corpus is
entered, who, with intent to avoid the effect of such order,
transfers such person to the custody or places him or her
under the control of another, or conceals him or her, or changes the place
of his or her confinement,
with intent to avoid the operation of such order, or with intent to remove
him or her out of the State, shall, for every such offense, be guilty of
a Class 4 felony. In any prosecution for the penalty incurred under this
Section it shall not be necessary to show that the order of habeas
corpus had been entered at the time of the removal, transfer or concealment
therein mentioned, if it is proven that the acts therein forbidden were
done with the intent to avoid the operation of such order.
(Source: P.A. 83-707.)
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735 ILCS 5/10-133
(735 ILCS 5/10-133) (from Ch. 110, par. 10-133)
Sec. 10-133.
Penalties - How recovered.
All the pecuniary forfeitures
incurred under this Act shall
inure to the use of the party for whose benefit the order of habeas
corpus was entered, and shall be sued for and recovered with costs, by the
Attorney General or State's Attorney, in the name of the State, by
complaint; and the amount, when recovered, shall, without any deduction,
be paid to the party entitled thereto.
(Source: P.A. 82-280.)
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735 ILCS 5/10-134
(735 ILCS 5/10-134) (from Ch. 110, par. 10-134)
Sec. 10-134.
No bar to civil damages.
The recovery of the penalties
shall be no bar to a civil action for damages.
(Source: P.A. 82-280.)
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735 ILCS 5/10-135
(735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
Sec. 10-135. Habeas corpus to testify. The several courts having authority
to grant relief by habeas
corpus, may enter orders, when necessary, to bring before them any
prisoner to testify, or to be surrendered in discharge of pretrial release, or for
trial upon any criminal charge lawfully pending in the same court or to
testify in a criminal proceeding in another state as provided for by
Section 2 of the "Uniform Act to secure the attendance of witnesses from
within or without a state in criminal proceedings", approved July 23,
1959, as heretofore or hereafter amended; and the order may be directed to any
county in the State, and there be served and returned by any officer
to whom it is directed.
(Source: P.A. 101-652, eff. 1-1-23 .)
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735 ILCS 5/10-136
(735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
Sec. 10-136. Prisoner remanded or punished. After a prisoner has given
his or her testimony, or been
surrendered, or his or her pretrial release discharged, or he or she has been tried
for the crime with which he or she is charged, he or she shall be returned
to the jail or other place of confinement from which he or she was taken
for that purpose.
If such prisoner is convicted of a crime punishable with death
or imprisonment in the penitentiary, he or she may be punished accordingly; but
in any case where the prisoner has been taken from the
penitentiary, and his or her punishment is by imprisonment, the time of such
imprisonment shall not commence to run until the expiration of the time
of service under any former sentence.
(Source: P.A. 101-652, eff. 1-1-23 .)
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735 ILCS 5/10-137
(735 ILCS 5/10-137) (from Ch. 110, par. 10-137)
Sec. 10-137.
Contempt - Discharge.
Any person imprisoned for any contempt
of court for the
non-performance of any order or judgment for the payment of money, is
entitled to relief by habeas corpus, and if it appears, on full
examination of such person and such witnesses, and other evidence as may
be adduced, that he or she is unable to comply with such order or judgment, or
to endure the confinement, and that all persons interested in the order
or judgment have had reasonable notice of the time and place of trial,
the court may discharge him or her from imprisonment, but no such
discharge shall operate to release the lien of such order or judgment,
but the same may be enforced against the property of such person as other
orders and judgments are enforced in civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XI
(735 ILCS 5/Art. XI heading)
ARTICLE XI
INJUNCTION
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