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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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