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Sen. Don Harmon
Filed: 4/3/2014
| | 09800SB3007sam002 | | LRB098 19809 RLC 58116 a |
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| 1 | | AMENDMENT TO SENATE BILL 3007
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3007 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 109-3.1 as follows:
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| 6 | | (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
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| 7 | | Sec. 109-3.1. Persons Charged with Felonies. (a) In any |
| 8 | | case involving a person charged with a felony in this State,
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| 9 | | alleged to have been committed on or after January 1, 1984, the |
| 10 | | provisions
of this Section shall apply.
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| 11 | | (b) Every person in custody in this State for the alleged |
| 12 | | commission of
a felony shall receive either a preliminary |
| 13 | | examination as provided in Section
109-3 or an indictment by |
| 14 | | Grand Jury as provided in Section 111-2, within
27 30 days from |
| 15 | | the date he or she was taken into custody. Every person on
bail |
| 16 | | or recognizance for the alleged commission of a felony shall |
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| | 09800SB3007sam002 | - 2 - | LRB098 19809 RLC 58116 a |
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| 1 | | receive
either a preliminary examination as provided in Section |
| 2 | | 109-3 or an indictment
by Grand Jury as provided in Section |
| 3 | | 111-2, within 60 days from the date he
or she was arrested.
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| 4 | | The provisions of this paragraph shall not apply in the |
| 5 | | following situations:
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| 6 | | (1) when delay is occasioned by the defendant; or
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| 7 | | (2) when the defendant has been indicted by the Grand Jury |
| 8 | | on the felony
offense for which he or she was initially taken |
| 9 | | into custody or on an offense
arising from the same transaction |
| 10 | | or conduct of the defendant that was the
basis for the felony |
| 11 | | offense or offenses initially charged; or
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| 12 | | (3) when a competency examination is ordered by the court; |
| 13 | | or
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| 14 | | (4) when a competency hearing is held; or
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| 15 | | (5) when an adjudication of incompetency for trial has been |
| 16 | | made; or
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| 17 | | (6) when the case has been continued by the court under |
| 18 | | Section 114-4 of
this Code after a determination that the |
| 19 | | defendant is physically incompetent
to stand trial.
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| 20 | | (c) Delay occasioned by the defendant shall temporarily |
| 21 | | suspend, for the
time of the delay, the period within which the |
| 22 | | preliminary examination must
be held. On the day of expiration |
| 23 | | of the delay the period in question shall
continue at the point |
| 24 | | at which it was suspended.
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| 25 | | (Source: P.A. 83-644.)".
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