Bill Status of HB 1337   99th General Assembly

Short Description:  CRIM PRO-FOREIGN ARRESTEE

House Sponsors
Rep. Scott Drury

Senate Sponsors
(Sen. Kwame Raoul-Michael Connelly-Jacqueline Y. Collins-Patricia Van Pelt)


Last Action  View All Actions

DateChamber Action
  7/30/2015HousePublic Act . . . . . . . . . 99-0190

Statutes Amended In Order of Appearance
725 ILCS 5/103-1from Ch. 38, par. 103-1
725 ILCS 5/109-1from Ch. 38, par. 109-1

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. Provides that at the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. Provides that the court must make a written record of so advising the defendant. Provides that if consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Provides that if consular notice is not provided before conviction and sentencing, the Appellate Court shall remand the case to the trial court if the defendant can show that he or she suffered prejudice as a result of the lack of consular notice. Provides that any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by the speedy trial provisions and on the day of the expiration of delay the period shall continue at the point at which it was suspended. States that the provisions do not create any new substantive State right or remedy.

House Committee Amendment No. 1
Deletes provision that if consular notice is not provided before conviction and sentencing, the Appellate Court shall remand the case to the trial court if the defendant can show that he or she suffered prejudice as a result of the lack of consular notice.

Senate Committee Amendment No. 1
Provides that the new provision does not create any affirmative duty to investigate whether an arrestee or detainee is a foreign national.

Actions 
DateChamber Action
  2/4/2015HouseFiled with the Clerk by Rep. Scott Drury
  2/4/2015HouseFirst Reading
  2/4/2015HouseReferred to Rules Committee
  2/17/2015HouseAssigned to Judiciary - Criminal Committee
  3/6/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Scott Drury
  3/6/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/10/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/10/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/10/2015HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 009-006-000
  3/11/2015HousePlaced on Calendar 2nd Reading - Short Debate
  3/12/2015HouseSecond Reading - Short Debate
  3/12/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/18/2015HouseThird Reading - Short Debate - Passed 095-020-001
  3/19/2015SenateArrive in Senate
  3/19/2015SenatePlaced on Calendar Order of First Reading
  3/19/2015SenateChief Senate Sponsor Sen. Kwame Raoul
  3/19/2015SenateFirst Reading
  3/19/2015SenateReferred to Assignments
  4/8/2015SenateAssigned to Criminal Law
  4/14/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  4/14/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/22/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/29/2015SenateSenate Committee Amendment No. 1 Adopted
  4/29/2015SenateDo Pass as Amended Criminal Law; 008-000-000
  4/29/2015SenatePlaced on Calendar Order of 2nd Reading April 30, 2015
  4/29/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Connelly
  5/5/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/13/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/19/2015SenateSecond Reading
  5/19/2015SenatePlaced on Calendar Order of 3rd Reading May 20, 2015
  5/21/2015SenateThird Reading - Passed; 051-002-000
  5/21/2015HouseArrived in House
  5/21/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/21/2015HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Scott Drury
  5/21/2015HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2015HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-000-000
  5/31/2015HouseSenate Committee Amendment No. 1 House Concurs 098-013-000
  5/31/2015HouseHouse Concurs
  5/31/2015HousePassed Both Houses
  6/29/2015HouseSent to the Governor
  7/30/2015HouseGovernor Approved
  7/30/2015HouseEffective Date January 1, 2016
  7/30/2015HousePublic Act . . . . . . . . . 99-0190

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