Illinois General Assembly - Full Text of SB3007
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Full Text of SB3007  98th General Assembly

SB3007sam001 98TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/21/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3007

2    AMENDMENT NO. ______. Amend Senate Bill 3007 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 109-3.1 as follows:
 
6    (725 ILCS 5/109-3.1)  (from Ch. 38, par. 109-3.1)
7    Sec. 109-3.1. Persons Charged with Felonies. (a) In any
8case involving a person charged with a felony in this State,
9alleged to have been committed on or after January 1, 1984, the
10provisions of this Section shall apply.
11    (b) Every person in custody in this State for the alleged
12commission of a felony shall receive either a preliminary
13examination as provided in Section 109-3 or an indictment by
14Grand Jury as provided in Section 111-2, within 10 30 days from
15the date he or she was taken into custody. Every person on bail
16or recognizance for the alleged commission of a felony shall

 

 

09800SB3007sam001- 2 -LRB098 19809 MRW 56500 a

1receive either a preliminary examination as provided in Section
2109-3 or an indictment by Grand Jury as provided in Section
3111-2, within 30 60 days from the date he or she was arrested.
4The provisions of this paragraph shall not apply in the
5following situations:
6    (1) when delay is occasioned by the defendant; or
7    (2) when the defendant has been indicted by the Grand Jury
8on the felony offense for which he or she was initially taken
9into custody or on an offense arising from the same transaction
10or conduct of the defendant that was the basis for the felony
11offense or offenses initially charged; or
12    (3) when a competency examination is ordered by the court;
13or
14    (4) when a competency hearing is held; or
15    (5) when an adjudication of incompetency for trial has been
16made; or
17    (6) when the case has been continued by the court under
18Section 114-4 of this Code after a determination that the
19defendant is physically incompetent to stand trial.
20    (c) Delay occasioned by the defendant shall temporarily
21suspend, for the time of the delay, the period within which the
22preliminary examination must be held. On the day of expiration
23of the delay the period in question shall continue at the point
24at which it was suspended.
25(Source: P.A. 83-644.)".