Illinois General Assembly - Full Text of HB1583
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Full Text of HB1583  101st General Assembly


Sen. John F. Curran

Filed: 5/1/2019





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2    AMENDMENT NO. ______. Amend House Bill 1583 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 107-9 as follows:
6    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
7    Sec. 107-9. Issuance of arrest warrant upon complaint.
8    (a) When a complaint is presented to a court charging that
9an offense has been committed it shall examine upon oath or
10affirmation the complainant or any witnesses.
11    (b) The complaint shall be in writing and shall:
12        (1) State the name of the accused if known, and if not
13    known the accused may be designated by any name or
14    description by which he can be identified with reasonable
15    certainty;
16        (2) State the offense with which the accused is



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1    charged;
2        (3) State the time and place of the offense as
3    definitely as can be done by the complainant; and
4        (4) Be subscribed and sworn to by the complainant.
5    (b-5) If an arrest warrant is sought and the request is
6made by electronic means that has a simultaneous video and
7audio transmission between the requester and a judge, the judge
8may issue an arrest warrant based upon a sworn complaint or
9sworn testimony communicated in the transmission.
10    (c) A warrant shall be issued by the court for the arrest
11of the person complained against if it appears from the
12contents of the complaint and the examination of the
13complainant or other witnesses, if any, that the person against
14whom the complaint was made has committed an offense.
15    (d) The warrant of arrest shall:
16        (1) Be in writing;
17        (2) Specify the name, sex and birth date of the person
18    to be arrested or if his name, sex or birth date is
19    unknown, shall designate such person by any name or
20    description by which he can be identified with reasonable
21    certainty;
22        (3) Set forth the nature of the offense;
23        (4) State the date when issued and the municipality or
24    county where issued;
25        (5) Be signed by the judge of the court with the title
26    of his office;



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1        (6) Command that the person against whom the complaint
2    was made be arrested and brought before the court issuing
3    the warrant or if he is absent or unable to act before the
4    nearest or most accessible court in the same county;
5        (7) Specify the amount of bail; and
6        (8) Specify any geographical limitation placed on the
7    execution of the warrant, but such limitation shall not be
8    expressed in mileage.
9    (e) The warrant shall be directed to all peace officers in
10the State. It shall be executed by the peace officer, or by a
11private person specially named therein, at any location within
12the geographic limitation for execution placed on the warrant.
13If no geographic limitation is placed on the warrant, then it
14may be executed anywhere in the State.
15    (f) The arrest warrant may be issued electronically or
16electromagnetically by use of electronic mail or a facsimile
17transmission machine and any arrest such warrant shall have the
18same validity as a written warrant.
19(Source: P.A. 86-298; 87-523.)".