SB2010 Engrossed

LRB096 08965 RLC 19103 b






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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 Unified Code of Corrections is amended  by 
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changing Section 3-8-10 as follows:
 



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    (730 ILCS 5/3-8-10)  (from Ch. 38, par. 1003-8-10)



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    Sec. 3-8-10. Intrastate Detainers. Except for persons 
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sentenced to death, subsection (b), (c) and (e) of
Section 
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103-5 of the Code of Criminal Procedure of 1963 shall also 
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apply to
persons committed to any institution or facility or 
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program of the Illinois
Department of Corrections who have 
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untried complaints, charges or
indictments pending in any 
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county of this State, and such person shall
include in the 
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demand under subsection (b), a statement of the place of

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present commitment, the term, and length of the remaining term, 
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the charges
pending against him or her to be tried and the 
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county of the
charges, and the
demand shall be addressed to the 
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state's attorney of the county where he or she
is
charged with 
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a copy to the clerk of that court and a copy to the chief

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administrative officer of the Department of Corrections 
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institution or
facility to which he or she is committed. The 
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state's attorney shall then procure
the presence of the 
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defendant for trial in his county by habeas
corpus. Additional 
 


 






SB2010 Engrossed
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LRB096 08965 RLC 19103 b




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time may be granted by the court for the process of
bringing 
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and serving an order of habeas
corpus ad prosequendum. In
the 
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event that the person is not brought to trial within the 
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allotted
time, then the charge for which he or she has 
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requested a speedy trial shall be
dismissed. The provisions of 
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this Section do not apply to persons no longer committed to a 
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facility or program of the Illinois Department of Corrections.  
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A person serving a period of parole or mandatory supervised 
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release under the supervision of the Department of Corrections, 
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for the purpose of this Section, shall not be deemed to be 
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committed to the Department. 

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(Source: P.A. 83-346.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.