98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB0039
 
Introduced 1/10/2013, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 

 



725 ILCS 5/109-1  from Ch. 38, par. 109-1

     Amends the Code of Criminal Procedure of 1963.  Provides that if a person was arrested for first degree murder or other violent crime as defined in the Rights of Crime Victims and Witnesses Act,  the court, after the arrest of the person,  shall determine the citizenship of the person and if the person arrested is not a citizen of the United States of America, order the confiscation of the person's passport or impose travel restrictions on the person if he or she is admitted to bail.
  


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A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 109-1 as follows:
 



6    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)



7    Sec. 109-1. Person arrested. 

8    (a) A person arrested with or without a warrant shall be 
9taken without
unnecessary delay before the nearest and most 
10accessible judge
in that county, except when such county is a 
11participant in a
regional jail authority, in which event such 
12person may be taken to the
nearest and most accessible judge, 
13irrespective of the county where such
judge presides,
and a 
14charge shall be filed.
Whenever a person arrested either with 
15or without a warrant is required
to be taken
before a judge, a 
16charge
may be filed against such person by way of a two-way 
17closed circuit
television system, except that a hearing to deny 
18bail to the defendant may
not be conducted by way of closed 
19circuit television.

20    (b) The judge shall:


21        (1) Inform the defendant of the charge against him and 
22    shall provide him
with a copy of the charge;


23        (2) Advise the defendant of his right to counsel and if 
 
 
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1    indigent shall
appoint a public defender or licensed 
2    attorney at law of this State to
represent him in 
3    accordance with the provisions of Section 113-3 of this

4    Code;


5        (3) Schedule a preliminary hearing in appropriate 
6    cases;
and


7        (4) Admit the defendant to bail in accordance with the 
8    provisions of
Article 110 of this Code; and .

9        (5) If the person was arrested for first degree murder 
10    or other violent crime as defined in Section 3 of the 
11    Rights of Crime Victims and Witnesses Act,  determine the 
12    citizenship of the person and if the person arrested is not 
13    a citizen of the United States of America, order the 
14    confiscation of the person's passport or impose travel 
15    restrictions on the person if he or she is admitted to 
16    bail. 
17    (c) The court may issue an order of protection in 
18accordance with
the provisions of Article 112A of this Code.

19(Source: P.A. 97-813, eff. 7-13-12.)