Public Act 094-0149
 		





SB0045 Enrolled
LRB094 04982 RLC 35013 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Uniform Criminal Extradition Act is amended  
by changing Section 5 as follows:
 



    (725 ILCS 225/5)  (from Ch. 60, par. 22)



    Sec. 5. Extradition
of persons imprisoned or awaiting trial 
in another state or who have left
the demanding state under 
compulsion.

    When it is desired to have returned to this State a person 
charged in
this State with a crime, and such person is 
imprisoned or is held under
criminal proceedings then pending 
against him in another state, the
Governor of this State may 
agree with the Executive Authority of such other
state for the 
extradition of such person before the conclusion of such

proceedings or his term of sentence in such other state, upon 
condition
that such person be returned to such other state at 
the expense of this
State as soon as the prosecution in this 
State is terminated.

    The Governor of this State may also surrender on demand of 
the Executive
Authority of any other state any person in this 
State who is charged in the
manner provided in Section 23 of 
this Act with having violated the laws
of the state whose 
Executive Authority is making the demand, even though
such 
person left the demanding state involuntarily.
    Notwithstanding any other provision of this Act, any person 
incarcerated in any federal facility may be released to the 
custody of the duly accredited officers or  designees of those 
officers of a foreign state if:
        (1) the person has violated the terms of his or her 
    probation, post-release supervision, or parole or has an 
    unexpired sentence in the foreign state;
        (2) the foreign state has personal jurisdiction over 
    that person; and
        (3) the foreign state has issued a valid warrant for 
    the apprehension of that person or has issued a commitment 
    order to serve a sentence in a state or local correctional 
    facility.  For that purpose no formalities shall be required 
    other than establishing the authority of the officer and 
    the identity of the person to be apprehended.  All legal 
    requirements to obtain extradition of fugitives from 
    justice are expressly waived by the State of Illinois as to 
    those persons.


(Source: Laws 1955, p. 1982.)

 

    Section 99. Effective date. This Act takes effect October 
1, 2005.