HB3674 96TH GENERAL ASSEMBLY

LRB096 09167 RLJ 19316 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3674

Introduced 2/24/2009, by Rep. Jehan A. Gordon

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1114

from Ch. 34, par. 5-1114

Amends the Counties Code. Provides that in actions for the violation of any county ordinance, the first process shall be a summons, "a notice to appear", or a warrant. Provides that the county sheriff of the county where the violation occurs may issue a notice to appear. In the case of a violation of a county's building code or property maintenance code, the county's code enforcement officer may issue the notice to appear. Effective January 1, 2010.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-1114 as follows:

(55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)

Sec. 5-1114. Violation of ordinance. Except as provided in Section 10-302.5 of the Illinois Highway Code, in all actions for the violation of any county ordinance, the first process shall be a summons, a notice to appear, or a warrant. A warrant or summons for the arrest of an accused person may issue from the circuit court upon the affidavit of any person that an ordinance has been violated, and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof. Every person arrested upon a warrant or summons shall be taken, without unnecessary delay, before the proper judicial officer for trial. The county sheriff of the county where the violation occurs may issue a notice to appear. In the case of a violation of a county building code or property maintenance code, the county code enforcement officer provided for by the county in its respective building or property maintenance code may issue the notice to appear.

(Source: P.A. 89-120, eff. 7-7-95.)

Section 99. Effective date. This Act takes effect January 1, 2010.