[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4174
LRB9112352RCpk
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 107-9.
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 Section 107-9 as follows:
7 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
8 Sec. 107-9. Issuance of arrest warrant upon complaint.
9 (a) When a complaint is presented to a court charging
10 that an offense has been committed it shall examine upon oath
11 or affirmation the complainant or any witnesses.
12 (b) The complaint shall be in writing and shall:
13 (1) State the name of the accused if known, and if
14 not known the accused may be designated by any name or
15 description by which he can be identified with reasonable
16 certainty;
17 (2) State the offense with which the accused is
18 charged;
19 (3) State the time and place of the offense as
20 definitely as can be done by the complainant; and
21 (4) Be subscribed and sworn to by the complainant.
22 (c) A warrant shall be issued by the court for the
23 arrest of the person complained against if it appears from
24 the contents of the complaint and the examination of the
25 complainant or other witnesses, if any, that the person
26 against whom the complaint was made has committed an offense.
27 (d) The warrant of arrest shall:
28 (1) Be in writing;
29 (2) Specify the name, sex and birth date of the
30 person to be arrested or if his name, sex or birth date
31 is unknown, shall designate such person by any name or
-2- LRB9112352RCpk
1 description by which he can be identified with reasonable
2 certainty;
3 (3) Set forth the nature of the offense;
4 (4) State the date when issued and the municipality
5 or county where issued;
6 (5) Be signed by the judge of the court with the
7 title of his office;
8 (6) Command that the person against whom the
9 complaint was made be arrested and brought before the
10 court issuing the warrant or if he is absent or unable to
11 act before the nearest or most accessible court in the
12 same county;
13 (7) Specify the amount of bail; and
14 (8) Specify any geographical limitation placed on
15 the execution of the warrant, but such limitation shall
16 not be expressed in mileage. Unless the judge specifies
17 the geographical limits for the execution of the warrant,
18 the warrant may be executed: (i) within the corporate
19 limits of the county in which the warrant is sought if
20 the offense specified in the warrant is a Class C
21 misdemeanor; (ii) within the corporate limits of the
22 county in which the warrant is sought or the judicial
23 circuit in which the county is located, whichever is
24 larger, if the offense specified in the warrant is a
25 Class B misdemeanor; or (iii) within the corporate limits
26 of the county, judicial circuit in which the county is
27 located, or judicial district in which the county is
28 located, whichever is larger, if the offense specified in
29 the warrant is a Class A misdemeanor. However, if the
30 offense specified in the warrant is a misdemeanor
31 violation of Section 11-6, 11-9.1, 12-3.2, 12-21.6,
32 12-30, or 24-1 of the Criminal Code of 1961 or Section
33 11-501 of the Illinois Vehicle Code, the warrant may be
34 executed anywhere in this State, unless otherwise
-3- LRB9112352RCpk
1 specified by the judge issuing the warrant.
2 (e) The warrant shall be directed to all peace officers
3 in the State. It shall be executed by the peace officer, or
4 by a private person specially named therein, at any location
5 within the geographic limitation for execution placed on the
6 warrant. If no geographic limitation is placed on the
7 warrant, then it may be executed anywhere in the State.
8 (f) The warrant may be issued electronically or
9 electromagnetically by use of a facsimile transmission
10 machine and any such warrant shall have the same validity as
11 a written warrant.
12 (Source: P.A. 86-298; 87-523.)