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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0121ham001
LRB9100083RCpkam
1 AMENDMENT TO SENATE BILL 121
2 AMENDMENT NO. . Amend Senate Bill 121 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Criminal Procedure of 1963
5 by changing Section 107-9."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 107-9 as follows:
10 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
11 Sec. 107-9. Issuance of arrest warrant upon complaint.
12 (a) When a complaint is presented to a court charging
13 that an offense has been committed it shall examine upon oath
14 or affirmation the complainant or any witnesses.
15 (b) The complaint shall be in writing and shall:
16 (1) State the name of the accused if known, and if
17 not known the accused may be designated by any name or
18 description by which he can be identified with reasonable
19 certainty;
20 (2) State the offense with which the accused is
21 charged;
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1 (3) State the time and place of the offense as
2 definitely as can be done by the complainant; and
3 (4) Be subscribed and sworn to by the complainant.
4 (c) A warrant shall be issued by the court for the
5 arrest of the person complained against if it appears from
6 the contents of the complaint and the examination of the
7 complainant or other witnesses, if any, that the person
8 against whom the complaint was made has committed an offense.
9 (d) The warrant of arrest shall:
10 (1) Be in writing;
11 (2) Specify the name, sex and birth date of the
12 person to be arrested or if his name, sex or birth date
13 is unknown, shall designate such person by any name or
14 description by which he can be identified with reasonable
15 certainty;
16 (3) Set forth the nature of the offense;
17 (4) State the date when issued and the municipality
18 or county where issued;
19 (5) Be signed by the judge of the court with the
20 title of his office;
21 (6) Command that the person against whom the
22 complaint was made be arrested and brought before the
23 court issuing the warrant or if he is absent or unable to
24 act before the nearest or most accessible court in the
25 same county;
26 (7) Specify the amount of bail; and
27 (8) Specify any geographical limitation placed on
28 the execution of the warrant, but such limitation shall
29 not be expressed in mileage. Unless the judge specifies
30 the geographical limits for the execution of the warrant,
31 the warrant may be executed: (i) within the corporate
32 limits of the county in which the warrant is sought if
33 the offense specified in the warrant is a Class C
34 misdemeanor; (ii) within the corporate limits of the
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1 county in which the warrant is sought or the judicial
2 circuit in which the county is located, whichever is
3 larger, if the offense specified in the warrant is a
4 Class B misdemeanor; or (iii) within the corporate limits
5 of the county, judicial circuit in which the county is
6 located, or judicial district in which the county is
7 located, whichever is larger, if the offense specified in
8 the warrant is a Class A misdemeanor. However, if the
9 offense specified in the warrant is a misdemeanor
10 violation of Section 11-6, 11-9.1, 12-3.2, 12-21.6,
11 12-30, or 24-1 of the Criminal Code of 1961 or Section
12 11-501 of the Illinois Vehicle Code, the warrant may be
13 executed anywhere in this State, unless otherwise
14 specified by the judge issuing the warrant.
15 (e) The warrant shall be directed to all peace officers
16 in the State. It shall be executed by the peace officer, or
17 by a private person specially named therein, at any location
18 within the geographic limitation for execution placed on the
19 warrant. If no geographic limitation is placed on the
20 warrant, then it may be executed anywhere in the State.
21 (f) The warrant may be issued electronically or
22 electromagnetically by use of a facsimile transmission
23 machine and any such warrant shall have the same validity as
24 a written warrant.
25 (Source: P.A. 86-298; 87-523.)".