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Sen. Ira I. Silverstein
Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 39
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 39, by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 109-1 as follows:
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| 6 | | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
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| 7 | | Sec. 109-1. Person arrested.
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| 8 | | (a) A person arrested with or without a warrant shall be |
| 9 | | taken without
unnecessary delay before the nearest and most |
| 10 | | accessible judge
in that county, except when such county is a |
| 11 | | participant in a
regional jail authority, in which event such |
| 12 | | person may be taken to the
nearest and most accessible judge, |
| 13 | | irrespective of the county where such
judge presides,
and a |
| 14 | | charge shall be filed.
Whenever a person arrested either with |
| 15 | | or without a warrant is required
to be taken
before a judge, a |
| 16 | | charge
may be filed against such person by way of a two-way |
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| | 09800SB0039sam001 | - 2 - | LRB098 02910 MRW 42439 a |
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| 1 | | closed circuit
television system, except that a hearing to deny |
| 2 | | bail to the defendant may
not be conducted by way of closed |
| 3 | | circuit television.
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| 4 | | (b) The judge shall:
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| 5 | | (1) Inform the defendant of the charge against him and |
| 6 | | shall provide him
with a copy of the charge;
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| 7 | | (2) Advise the defendant of his right to counsel and if |
| 8 | | indigent shall
appoint a public defender or licensed |
| 9 | | attorney at law of this State to
represent him in |
| 10 | | accordance with the provisions of Section 113-3 of this
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| 11 | | Code;
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| 12 | | (3) Schedule a preliminary hearing in appropriate |
| 13 | | cases;
and
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| 14 | | (4) Admit the defendant to bail in accordance with the |
| 15 | | provisions of
Article 110 of this Code; and .
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| 16 | | (5) Order the confiscation of the person's passport or |
| 17 | | impose travel restrictions on a defendant arrested for |
| 18 | | first degree murder or other violent crime as defined in |
| 19 | | Section 3 of the Rights of Crime Victims and Witnesses Act, |
| 20 | | if the judge determines based on the factors in Section |
| 21 | | 110-5 of this Code, that this will reasonably assure the |
| 22 | | appearance of the defendant and compliance by the defendant |
| 23 | | with all conditions of release. |
| 24 | | (c) The court may issue an order of protection in |
| 25 | | accordance with
the provisions of Article 112A of this Code.
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| 26 | | (Source: P.A. 97-813, eff. 7-13-12.)".
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