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| Public Act 101-0239 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 107-9 as follows:
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(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
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Sec. 107-9. Issuance of arrest warrant upon complaint.
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(a) When a complaint is presented to a court charging that | ||||
an offense
has been committed it shall examine upon oath or | ||||
affirmation the
complainant or any witnesses.
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(b) The complaint shall be in writing and shall:
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(1) State the name of the accused if known, and if not | ||||
known the accused
may be designated by any name or | ||||
description by which he can be identified
with reasonable | ||||
certainty;
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(2) State the offense with which the accused is | ||||
charged;
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(3) State the time and place of the offense as | ||||
definitely as can be done
by the complainant; and
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(4) Be subscribed and sworn to by the complainant.
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(b-5) If an arrest warrant is sought and the request is | ||||
made by electronic means that has a simultaneous video and | ||||
audio transmission between the requester and a judge, the judge | ||||
may issue an arrest warrant based upon a sworn complaint or | ||
sworn testimony communicated in the transmission. | ||
(c) A warrant shall be issued by the court for the arrest | ||
of the person
complained against if it appears from the | ||
contents of the complaint and the
examination of the | ||
complainant or other witnesses, if any, that the person
against | ||
whom the complaint was made has committed an offense.
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(d) The warrant of arrest shall:
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(1) Be in writing;
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(2) Specify the name, sex and birth date of the person | ||
to be arrested
or if his name, sex or birth date is | ||
unknown, shall designate such person
by any name or | ||
description by which he can be identified with reasonable
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certainty;
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(3) Set forth the nature of the offense;
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(4) State the date when issued and the municipality or | ||
county where
issued;
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(5) Be signed by the judge of the court with the title | ||
of his office;
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(6) Command that the person against whom the complaint | ||
was made be
arrested and brought before the court issuing | ||
the warrant or if he is
absent or unable to act before the | ||
nearest or most accessible court in the
same county;
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(7) Specify the amount of bail; and
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(8) Specify any geographical limitation placed on the | ||
execution of the
warrant, but such limitation shall not be | ||
expressed in mileage.
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(e) The warrant shall be directed to all peace officers in | ||
the State. It
shall be executed by the peace officer, or by a | ||
private person specially
named therein, at any location within | ||
the geographic limitation for
execution placed on the warrant. | ||
If no geographic limitation is placed on
the warrant, then it | ||
may be executed anywhere in the State.
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(f) The arrest warrant may be issued electronically or | ||
electromagnetically by
use of electronic mail or a facsimile | ||
transmission machine and any arrest such warrant shall have the
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same validity as a written warrant.
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(Source: P.A. 86-298; 87-523.)
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