Public Act 098-0143
 
SB0039 EnrolledLRB098 02910 MRW 32922 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 Code of Criminal Procedure of 1963 is 
amended  by changing Section 109-1 as follows:
 



    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)



    Sec. 109-1. Person arrested. 

    (a) A person arrested with or without a warrant shall be 
taken without
unnecessary delay before the nearest and most 
accessible judge
in that county, except when such county is a 
participant in a
regional jail authority, in which event such 
person may be taken to the
nearest and most accessible judge, 
irrespective of the county where such
judge presides,
and a 
charge shall be filed.
Whenever a person arrested either with 
or without a warrant is required
to be taken
before a judge, a 
charge
may be filed against such person by way of a two-way 
closed circuit
television system, except that a hearing to deny 
bail to the defendant may
not be conducted by way of closed 
circuit television.

    (b) The judge shall:


        (1) Inform the defendant of the charge against him and 
    shall provide him
with a copy of the charge;


        (2) Advise the defendant of his right to counsel and if 
    indigent shall
appoint a public defender or licensed 
    attorney at law of this State to
represent him in 
    accordance with the provisions of Section 113-3 of this

    Code;


        (3) Schedule a preliminary hearing in appropriate 
    cases;
and


        (4) Admit the defendant to bail in accordance with the 
    provisions of
Article 110 of this Code; and .

        (5) Order the confiscation of the person's passport or 
    impose travel restrictions on a defendant arrested for 
    first degree murder or other violent crime as defined in 
    Section 3 of the Rights of Crime Victims and Witnesses Act, 
    if the judge determines based on the factors in Section 
    110-5 of this Code, that this will reasonably assure the 
    appearance of the defendant and compliance by the defendant 
    with all conditions of release. 
    (c) The court may issue an order of protection in 
accordance with
the provisions of Article 112A of this Code.

(Source: P.A. 97-813, eff. 7-13-12.)