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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0921enr
725 ILCS 5/106D-1
Amends the Code of Criminal Procedure of 1963. Makes
stylistic changes in Section relating to defendant's
appearance by closed circuit TV.
LRB9003439RCks
SB921 Enrolled LRB9003439RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Sections 106D-1 and 109-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Sections 106D-1 and 109-1 as follows:
7 (725 ILCS 5/106D-1)
8 Sec. 106D-1. Defendant's appearance by closed circuit
9 television. When a defendant's personal appearance is not
10 constitutionally required by the Constitution of the United
11 States or Illinois Constitution, the court may allow the
12 defendant to personally appear at any pre-trial or post-trial
13 proceeding by way of closed circuit television when:
14 (a) the court has authorized the use of closed
15 circuit television and has by rule or order set out the
16 type of proceedings that may be conducted by closed
17 circuit television; and
18 (b) the defendant is incarcerated; and
19 (c) the Director of Corrections, sheriff or other
20 authority has certified that facilities are available for
21 this purpose.
22 (Source: P.A. 88-311; 88-467.)
23 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
24 Sec. 109-1. Person arrested. (a) A person arrested with
25 or without a warrant shall be taken without unnecessary delay
26 before the nearest and most accessible judge in that county,
27 except when such county is a participant in a regional jail
28 authority, in which event such person may be taken to the
29 nearest and most accessible judge, irrespective of the county
30 where such judge presides, and a charge shall be filed.
SB921 Enrolled -2- LRB9003439RCks
1 Whenever a person arrested either with or without a warrant
2 is required to be taken before a judge, and such person is in
3 a different building than the building in which the judge is
4 located, a charge may be filed against such person by way of
5 a two-way closed circuit television system, except that a
6 hearing to deny bail to the defendant may not be conducted by
7 way of closed circuit television.
8 (b) The judge shall:
9 (1) Inform the defendant of the charge against him and
10 shall provide him with a copy of the charge.
11 (2) Advise the defendant of his right to counsel and if
12 indigent shall appoint a public defender or licensed attorney
13 at law of this State to represent him in accordance with the
14 provisions of Section 113-3 of this Code.
15 (3) Schedule a preliminary hearing in appropriate cases;
16 and
17 (4) Admit the defendant to bail in accordance with the
18 provisions of Article 110 of this Code.
19 (c) The court may issue an order of protection in
20 accordance with the provisions of Article 112A of this Code.
21 (Source: P.A. 85-1209.)