HB4271 Engrossed

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 Engrossed
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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.