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




HB1583 EnrolledLRB101 06265 SLF 51291 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17    charged;
18        (3) State the time and place of the offense as
19    definitely as can be done by the complainant; and
20        (4) Be subscribed and sworn to by the complainant.
21    (b-5) If an arrest warrant is sought and the request is
22made by electronic means that has a simultaneous video and
23audio transmission between the requester and a judge, the judge



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1may issue an arrest warrant based upon a sworn complaint or
2sworn testimony communicated in the transmission.
3    (c) A warrant shall be issued by the court for the arrest
4of the person complained against if it appears from the
5contents of the complaint and the examination of the
6complainant or other witnesses, if any, that the person against
7whom the complaint was made has committed an offense.
8    (d) The warrant of arrest shall:
9        (1) Be in writing;
10        (2) Specify the name, sex and birth date of the person
11    to be arrested or if his name, sex or birth date is
12    unknown, shall designate such person by any name or
13    description by which he can be identified with reasonable
14    certainty;
15        (3) Set forth the nature of the offense;
16        (4) State the date when issued and the municipality or
17    county where issued;
18        (5) Be signed by the judge of the court with the title
19    of his office;
20        (6) Command that the person against whom the complaint
21    was made be arrested and brought before the court issuing
22    the warrant or if he is absent or unable to act before the
23    nearest or most accessible court in the same county;
24        (7) Specify the amount of bail; and
25        (8) Specify any geographical limitation placed on the
26    execution of the warrant, but such limitation shall not be



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1    expressed in mileage.
2    (e) The warrant shall be directed to all peace officers in
3the State. It shall be executed by the peace officer, or by a
4private person specially named therein, at any location within
5the geographic limitation for execution placed on the warrant.
6If no geographic limitation is placed on the warrant, then it
7may be executed anywhere in the State.
8    (f) The arrest warrant may be issued electronically or
9electromagnetically by use of electronic mail or a facsimile
10transmission machine and any arrest such warrant shall have the
11same validity as a written warrant.
12(Source: P.A. 86-298; 87-523.)