summary
Introduced
01/28/2025
01/28/2025
In Committee
01/28/2025
01/28/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that the warrant of arrest or summons shall command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant at a certain day, time, and courtroom number, or the nearest or most accessible court in the same county, or appear before the court at a certain time and place. Provides that if a person has a warrant in another county for an offense and the county where the warrant is outstanding fails to transport the person to the county where the warrant was issued for a hearing no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall mark the warrant as served (rather than quash the warrant) and order the person released on the case for which the warrant was issued. Provides that if the issuing county fails to take any action within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release and shall admit the defendant to pretrial release and shall schedule for his or her appearance before the court named in the warrant based upon the court day, time, and courtroom number listed on the warrant.
AI Summary
This bill amends the Code of Criminal Procedure of 1963 to modify procedures related to arrest warrants and summons. Specifically, the bill requires that arrest warrants and summons now explicitly state a specific day, time, and courtroom number where the accused must appear in court. The bill also introduces new provisions for handling situations where a person is arrested in a county different from the one that issued the warrant. If the county with the outstanding warrant fails to transport the person for a hearing within 5 calendar days after the end of detention in the arresting county, that county must now "mark the warrant as served" rather than quash it, and order the person's release. Furthermore, if the issuing county does not take action within 5 calendar days, the defendant must be released from custody, with the local circuit or associate circuit judge setting release conditions and scheduling an appearance based on the original warrant's specified court day, time, and courtroom number. The bill also allows for electronic warrant requests through simultaneous video and audio transmission, providing more flexibility in the warrant issuance process.
Sponsors (1)
Last Action
Referred to Assignments (on 01/28/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1293&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
BillText | https://www.ilga.gov/legislation/104/SB/10400SB1293.htm |
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