Full Text of SB1906 97th General Assembly
SB1906sam001 97TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/29/2011
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| 1 | | AMENDMENT TO SENATE BILL 1906
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1906 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 103-1, 103-8, and 109-1 as | 6 | | follows:
| 7 | | (725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
| 8 | | Sec. 103-1. Rights on arrest. (a) After an arrest on a | 9 | | warrant the
person making the arrest shall inform the person | 10 | | arrested that a warrant
has been issued for his arrest and the | 11 | | nature of the offense specified
in the warrant.
| 12 | | (b) After an arrest without a warrant the person making the | 13 | | arrest
shall inform the person arrested of the nature of the | 14 | | offense on which
the arrest is based.
| 15 | | (b-5) This subsection is intended to implement and be | 16 | | interpreted consistently with the Vienna Convention on |
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| 1 | | Consular Relations, to which the United States is a party. | 2 | | Article 36 of that Convention guarantees that when foreign | 3 | | nationals are arrested or detained, they must be advised of | 4 | | their right to have their consular officials notified, and if | 5 | | an individual chooses to exercise that right, a law enforcement | 6 | | official is required to notify the consulate. It does not | 7 | | create any new substantive State right or remedy. | 8 | | (1) In accordance with federal law and the provisions | 9 | | of this Section, the law enforcement official in charge of | 10 | | a custodial facility shall ensure that any individual | 11 | | booked and detained at such facility, within 48 hours of | 12 | | booking or detention, shall be advised that if that | 13 | | individual is a foreign national, he or she has a right to | 14 | | communicate with an official from the consulate of his or | 15 | | her country. | 16 | | (2) If the foreign national requests consular | 17 | | notification or such notification is mandatory by law, the | 18 | | law enforcement official in charge of the custodial | 19 | | facility shall ensure such notice is given to the | 20 | | appropriate officer at the consulate of the foreign | 21 | | national in accordance with the U.S. Department of State | 22 | | Instructions for Consular Notification and Access. | 23 | | (3) The law enforcement official in charge of the | 24 | | custodial facility where a foreign national is located | 25 | | shall ensure that the foreign national is allowed to | 26 | | communicate with, correspond with, and be visited by, a |
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| 1 | | consular officer of his or her country. | 2 | | (c) No person arrested for a traffic, regulatory or | 3 | | misdemeanor
offense, except in cases involving weapons or a | 4 | | controlled substance,
shall be strip searched unless there is | 5 | | reasonable belief that the
individual is concealing a weapon or | 6 | | controlled substance.
| 7 | | (d) "Strip search" means having an arrested person remove | 8 | | or arrange
some or all of his or her clothing so as to permit a | 9 | | visual inspection
of the genitals, buttocks, anus, female | 10 | | breasts or undergarments of such
person.
| 11 | | (e) All strip searches conducted under this Section shall | 12 | | be
performed by persons of the same sex as the arrested person | 13 | | and on
premises where the search cannot be observed by persons | 14 | | not physically
conducting the search.
| 15 | | (f) Every peace officer or employee of a police department
| 16 | | conducting a strip search shall:
| 17 | | (1) Obtain the written permission of the police commander | 18 | | or an
agent thereof designated for the purposes of authorizing | 19 | | a strip search
in accordance with this Section.
| 20 | | (2) Prepare a report of the strip search. The report shall | 21 | | include
the written authorization required by paragraph (1) of | 22 | | this subsection
(f),
the name of the person subjected to the | 23 | | search, the names of the
persons conducting the search, and the | 24 | | time, date and place of the
search. A copy of the report shall | 25 | | be provided to the person subject to
the search.
| 26 | | (g) No search of any body cavity other than the mouth shall |
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| 1 | | be
conducted without a duly executed search warrant; any | 2 | | warrant
authorizing a body cavity search shall specify that the | 3 | | search must be
performed under sanitary conditions and | 4 | | conducted either by or under the
supervision of a physician | 5 | | licensed to practice medicine in all of its
branches in this | 6 | | State.
| 7 | | (h) Any peace officer or employee who knowingly or | 8 | | intentionally
fails to comply with any provision of this | 9 | | Section , except subsection (b-5) of this Section, is guilty of | 10 | | official
misconduct as provided in Section 103-8; provided | 11 | | however, that nothing
contained in this Section shall preclude | 12 | | prosecution of a peace officer
or employee under another | 13 | | section of this Code.
| 14 | | (i) Nothing in this Section shall be construed as limiting | 15 | | any
statutory or common law rights of any person for purposes | 16 | | of any civil
action or injunctive relief.
| 17 | | (j) The provisions of subsections (c) through (h) of this | 18 | | Section
shall not apply when the person is taken into custody | 19 | | by or remanded to
the sheriff or correctional institution | 20 | | pursuant to a court order.
| 21 | | (Source: P.A. 81-1509.)
| 22 | | (725 ILCS 5/103-8) (from Ch. 38, par. 103-8)
| 23 | | Sec. 103-8. Mandatory duty of officers.
| 24 | | Any peace officer who intentionally prevents the exercise | 25 | | by an accused
of any right conferred by this Article , except |
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| 1 | | subsection (b-5) of Section 103-1, or who intentionally fails | 2 | | to
perform any act required of him or her by this Article , | 3 | | except subsection (b-5) of Section 103-1, shall be guilty of | 4 | | official
misconduct and may be punished in accordance with | 5 | | Section 33-3 of the
"Criminal Code of 1961" approved July 28, | 6 | | 1961, as heretofore and hereafter
amended.
| 7 | | (Source: Laws 1963, p. 2836.)
| 8 | | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| 9 | | Sec. 109-1. Person arrested.
| 10 | | (a) A person arrested with or without a warrant shall be | 11 | | taken without
unnecessary delay before the nearest and most | 12 | | accessible judge
in that county, except when such county is a | 13 | | participant in a
regional jail authority, in which event such | 14 | | person may be taken to the
nearest and most accessible judge, | 15 | | irrespective of the county where such
judge presides,
and a | 16 | | charge shall be filed.
Whenever a person arrested either with | 17 | | or without a warrant is required
to be taken
before a judge, a | 18 | | charge
may be filed against such person by way of a two-way | 19 | | closed circuit
television system, except that a hearing to deny | 20 | | bail to the defendant may
not be conducted by way of closed | 21 | | circuit television.
| 22 | | (b) The judge shall:
| 23 | | (1) Inform the defendant of the charge against him and | 24 | | shall provide him
with a copy of the charge.
| 25 | | (2) Advise the defendant of his right to counsel and if |
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| 1 | | indigent shall
appoint a public defender or licensed | 2 | | attorney at law of this State to
represent him in | 3 | | accordance with the provisions of Section 113-3 of this
| 4 | | Code.
| 5 | | (3) Schedule a preliminary hearing in appropriate | 6 | | cases;
and
| 7 | | (4) Admit the defendant to bail in accordance with the | 8 | | provisions of
Article 110 of this Code.
| 9 | | (c) The court may issue an order of protection in | 10 | | accordance with
the provisions of Article 112A of this Code.
| 11 | | (d) At the initial appearance of a defendant in any | 12 | | criminal proceeding, the court must advise the defendant in | 13 | | open court that any foreign national who is arrested or | 14 | | detained has the right to have notice of the arrest or | 15 | | detention given to his or her country's consular | 16 | | representatives and the right to communicate with those | 17 | | consular representatives if such notice has not already been | 18 | | provided. The court must make a written record of so advising | 19 | | the defendant. | 20 | | (e) If consular notification is not provided to a defendant | 21 | | before his or her first appearance in court, the court shall | 22 | | grant any reasonable request for a continuance of the | 23 | | proceedings to allow contact with the defendant's consulate. | 24 | | Any delay caused by the granting of the request by a defendant | 25 | | shall temporarily suspend for the time of the delay the period | 26 | | within which a person shall be tried as prescribed by |
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| 1 | | subsections (a), (b), or (e) of Section 103-5 of this Code and | 2 | | on the day of the expiration of delay the period shall continue | 3 | | at the point at which it was suspended. If consular notice is | 4 | | not provided before conviction and sentencing, the Appellate | 5 | | Court shall remand the case to the trial court if the defendant | 6 | | can show that he or she suffered prejudice as a result of the | 7 | | lack of consular notice. | 8 | | (Source: P.A. 90-140, eff. 1-1-98.)".
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