HB1583 EngrossedLRB101 06265 SLF 51291 b

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 107-9 as follows:
 
6    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
7    Sec. 107-9. Issuance of arrest warrant upon complaint.
8    (a) When a complaint is presented to a court charging that
9an offense has been committed it shall examine upon oath or
10affirmation the complainant or any witnesses.
11    (b) The complaint shall be in writing and shall:
12        (1) State the name of the accused if known, and if not
13    known the accused may be designated by any name or
14    description by which he can be identified with reasonable
15    certainty;
16        (2) State the offense with which the accused is
17    charged;
18        (3) State the time and place of the offense as
19    definitely as can be done by the complainant; and
20        (4) Be subscribed and sworn to by the complainant.
21    (b-5) Notwithstanding subsection (b) of this Section, if an
22arrest warrant is sought and the request is made by electronic
23means that has a simultaneous video and audio transmission

 

 

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1between the requester and a judge, the judge may issue an
2arrest warrant based upon a sworn complaint or sworn testimony
3communicated in the transmission.
4    (c) A warrant shall be issued by the court for the arrest
5of the person complained against if it appears from the
6contents of the complaint and the examination of the
7complainant or other witnesses, if any, that the person against
8whom the complaint was made has committed an offense.
9    (d) The warrant of arrest shall:
10        (1) Be in writing;
11        (2) Specify the name, sex and birth date of the person
12    to be arrested or if his name, sex or birth date is
13    unknown, shall designate such person by any name or
14    description by which he can be identified with reasonable
15    certainty;
16        (3) Set forth the nature of the offense;
17        (4) State the date when issued and the municipality or
18    county where issued;
19        (5) Be signed by the judge of the court with the title
20    of his office;
21        (6) Command that the person against whom the complaint
22    was made be arrested and brought before the court issuing
23    the warrant or if he is absent or unable to act before the
24    nearest or most accessible court in the same county;
25        (7) Specify the amount of bail; and
26        (8) Specify any geographical limitation placed on the

 

 

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1    execution of the warrant, but such limitation shall not be
2    expressed in mileage.
3    (e) The warrant shall be directed to all peace officers in
4the State. It shall be executed by the peace officer, or by a
5private person specially named therein, at any location within
6the geographic limitation for execution placed on the warrant.
7If no geographic limitation is placed on the warrant, then it
8may be executed anywhere in the State.
9    (f) The arrest warrant may be issued electronically or
10electromagnetically by use of electronic mail or a facsimile
11transmission machine and any arrest such warrant shall have the
12same validity as a written warrant.
13(Source: P.A. 86-298; 87-523.)