93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4271


 
Introduced 1/30/2004, by David R. Leitch
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 225/5
  from Ch. 60, par. 22







    Amends the Uniform Criminal Extradition Act.  Provides that a person incarcerated in any federal facility may be released to the custody of the duly accredited officers or  designees of those officers of a foreign state if: (1) the person has violated the terms of his or her probation, post-release supervision, parole, or has an unexpired sentence in the foreign state; (2) the foreign state has personal jurisdiction over that person; and (3) the foreign state has issued a valid warrant for the apprehension of that person or has issued a commitment order to serve a sentence in a state or local correctional facility.  Provides that all legal requirements to obtain extradition of fugitives from justice are expressly waived by the State of Illinois as to those persons.  Effective October 1, 2004.



















LRB093 16844 RLC 42496 b




















 


 


A BILL FOR









 














HB4271

LRB093 16844 RLC 42496 b









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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Uniform Criminal Extradition Act is amended  
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by changing Section 5 as follows:
 



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    (725 ILCS 225/5)  (from Ch. 60, par. 22)



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    Sec. 5. Extradition
of persons imprisoned or awaiting trial 
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in another state or who have left
the demanding state under 
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compulsion.

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    When it is desired to have returned to this State a person 
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charged in
this State with a crime, and such person is 
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imprisoned or is held under
criminal proceedings then pending 
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against him in another state, the
Governor of this State may 
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agree with the Executive Authority of such other
state for the 
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extradition of such person before the conclusion of such

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proceedings or his term of sentence in such other state, upon 
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condition
that such person be returned to such other state at 
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the expense of this
State as soon as the prosecution in this 
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State is terminated.

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    The Governor of this State may also surrender on demand of 
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the Executive
Authority of any other state any person in this 
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State who is charged in the
manner provided in Section 23 of 
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this Act with having violated the laws
of the state whose 
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Executive Authority is making the demand, even though
such 
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person left the demanding state involuntarily.
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    Notwithstanding any other provision of this Act, any person 
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incarcerated in any federal facility may be released to the 
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custody of the duly accredited officers or  designees of those 
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officers of a foreign state if:
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        (1) the person has violated the terms of his or her 
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    probation, post-release supervision, or parole or has an 
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    unexpired sentence in the foreign state;
 


 









HB4271
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LRB093 16844 RLC 42496 b







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        (2) the foreign state has personal jurisdiction over 
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    that person; and
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        (3) the foreign state has issued a valid warrant for 
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    the apprehension of that person or has issued a commitment 
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    order to serve a sentence in a state or local correctional 
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    facility.  For that purpose no formalities shall be required 
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    other than establishing the authority of the officer and 
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    the identity of the person to be apprehended.  All legal 
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    requirements to obtain extradition of fugitives from 
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    justice are expressly waived by the State of Illinois as to 
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    those persons.


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(Source: Laws 1955, p. 1982.)

 

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    Section 99. Effective date. This Act takes effect October 
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1, 2004.