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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing Section 107-9 as follows:
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| 6 | (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
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| 7 | Sec. 107-9. Issuance of arrest warrant upon complaint.
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| 8 | (a) When a complaint is presented to a court charging that | ||||||
| 9 | an offense
has been committed it shall examine upon oath or | ||||||
| 10 | affirmation the
complainant or any witnesses.
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| 11 | (b) The complaint shall be in writing and shall:
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| 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;
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| 16 | (2) State the offense with which the accused is | ||||||
| 17 | charged;
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| 18 | (3) State the time and place of the offense as | ||||||
| 19 | definitely as can be done
by the complainant; and
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| 20 | (4) Be subscribed and sworn to by the complainant.
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| 21 | (b-5) If an arrest warrant is sought and the request is | ||||||
| 22 | made by electronic means that has a simultaneous video and | ||||||
| 23 | audio transmission between the requester and a judge, the judge | ||||||
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| 1 | may issue an arrest warrant based upon a sworn complaint or | ||||||
| 2 | sworn testimony communicated in the transmission. | ||||||
| 3 | (c) A warrant shall be issued by the court for the arrest | ||||||
| 4 | of the person
complained against if it appears from the | ||||||
| 5 | contents of the complaint and the
examination of the | ||||||
| 6 | complainant or other witnesses, if any, that the person
against | ||||||
| 7 | whom the complaint was made has committed an offense.
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| 8 | (d) The warrant of arrest shall:
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| 9 | (1) Be in writing;
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| 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
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| 14 | certainty;
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| 15 | (3) Set forth the nature of the offense;
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| 16 | (4) State the date when issued and the municipality or | ||||||
| 17 | county where
issued;
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| 18 | (5) Be signed by the judge of the court with the title | ||||||
| 19 | of his office;
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| 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;
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| 24 | (7) Specify the amount of bail; and
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| 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.
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| 2 | (e) The warrant shall be directed to all peace officers in | ||||||
| 3 | the State. It
shall be executed by the peace officer, or by a | ||||||
| 4 | private person specially
named therein, at any location within | ||||||
| 5 | the geographic limitation for
execution placed on the warrant. | ||||||
| 6 | If no geographic limitation is placed on
the warrant, then it | ||||||
| 7 | may be executed anywhere in the State.
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| 8 | (f) The arrest warrant may be issued electronically or | ||||||
| 9 | electromagnetically by
use of electronic mail or a facsimile | ||||||
| 10 | transmission machine and any arrest such warrant shall have the
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| 11 | same validity as a written warrant.
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| 12 | (Source: P.A. 86-298; 87-523.)
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