Full Text of HB1337 99th General Assembly
HB1337enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 103-1 and 109-1 as follows:
| 6 | | (725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
| 7 | | Sec. 103-1. Rights on arrest. (a) After an arrest on a | 8 | | warrant the
person making the arrest shall inform the person | 9 | | arrested that a warrant
has been issued for his arrest and the | 10 | | nature of the offense specified
in the warrant.
| 11 | | (b) After an arrest without a warrant the person making the | 12 | | arrest
shall inform the person arrested of the nature of the | 13 | | offense on which
the arrest is based.
| 14 | | (b-5) This subsection is intended to implement and be | 15 | | interpreted consistently with the Vienna Convention on | 16 | | Consular Relations, to which the United States is a party. | 17 | | Article 36 of that Convention guarantees that when foreign | 18 | | nationals are arrested or detained, they must be advised of | 19 | | their right to have their consular officials notified, and if | 20 | | an individual chooses to exercise that right, a law enforcement | 21 | | official is required to notify the consulate. It does not | 22 | | create any new substantive State right or remedy. | 23 | | (1) In accordance with federal law and the provisions |
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| 1 | | of this Section, the law enforcement official in charge of | 2 | | a custodial facility shall ensure that any individual | 3 | | booked and detained at the facility, within 48 hours of | 4 | | booking or detention, shall be advised that if that | 5 | | individual is a foreign national, he or she has a right to | 6 | | communicate with an official from the consulate of his or | 7 | | her country. This subsection (b-5) does not create any | 8 | | affirmative duty to investigate whether an arrestee or | 9 | | detainee is a foreign national. | 10 | | (2) If the foreign national requests consular | 11 | | notification or the notification is mandatory by law, the | 12 | | law enforcement official in charge of the custodial | 13 | | facility shall ensure the notice is given to the | 14 | | appropriate officer at the consulate of the foreign | 15 | | national in accordance with the U.S. Department of State | 16 | | Instructions for Consular Notification and Access. | 17 | | (3) The law enforcement official in charge of the | 18 | | custodial facility where a foreign national is located | 19 | | shall ensure that the foreign national is allowed to | 20 | | communicate with, correspond with, and be visited by, a | 21 | | consular officer of his or her country. | 22 | | (c) No person arrested for a traffic, regulatory or | 23 | | misdemeanor
offense, except in cases involving weapons or a | 24 | | controlled substance,
shall be strip searched unless there is | 25 | | reasonable belief that the
individual is concealing a weapon or | 26 | | controlled substance.
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| 1 | | (d) "Strip search" means having an arrested person remove | 2 | | or arrange
some or all of his or her clothing so as to permit a | 3 | | visual inspection
of the genitals, buttocks, anus, female | 4 | | breasts or undergarments of such
person.
| 5 | | (e) All strip searches conducted under this Section shall | 6 | | be
performed by persons of the same sex as the arrested person | 7 | | and on
premises where the search cannot be observed by persons | 8 | | not physically
conducting the search.
| 9 | | (f) Every peace officer or employee of a police department
| 10 | | conducting a strip search shall:
| 11 | | (1) Obtain the written permission of the police commander | 12 | | or an
agent thereof designated for the purposes of authorizing | 13 | | a strip search
in accordance with this Section.
| 14 | | (2) Prepare a report of the strip search. The report shall | 15 | | include
the written authorization required by paragraph (1) of | 16 | | this subsection
(f),
the name of the person subjected to the | 17 | | search, the names of the
persons conducting the search, and the | 18 | | time, date and place of the
search. A copy of the report shall | 19 | | be provided to the person subject to
the search.
| 20 | | (g) No search of any body cavity other than the mouth shall | 21 | | be
conducted without a duly executed search warrant; any | 22 | | warrant
authorizing a body cavity search shall specify that the | 23 | | search must be
performed under sanitary conditions and | 24 | | conducted either by or under the
supervision of a physician | 25 | | licensed to practice medicine in all of its
branches in this | 26 | | State.
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| 1 | | (h) Any peace officer or employee who knowingly or | 2 | | intentionally
fails to comply with any provision of this | 3 | | Section , except subsection (b-5) of this Section, is guilty of | 4 | | official
misconduct as provided in Section 103-8; provided | 5 | | however, that nothing
contained in this Section shall preclude | 6 | | prosecution of a peace officer
or employee under another | 7 | | section of this Code.
| 8 | | (i) Nothing in this Section shall be construed as limiting | 9 | | any
statutory or common law rights of any person for purposes | 10 | | of any civil
action or injunctive relief.
| 11 | | (j) The provisions of subsections (c) through (h) of this | 12 | | Section
shall not apply when the person is taken into custody | 13 | | by or remanded to
the sheriff or correctional institution | 14 | | pursuant to a court order.
| 15 | | (Source: P.A. 81-1509.)
| 16 | | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| 17 | | Sec. 109-1. Person arrested.
| 18 | | (a) A person arrested with or without a warrant shall be | 19 | | taken without
unnecessary delay before the nearest and most | 20 | | accessible judge
in that county, except when such county is a | 21 | | participant in a
regional jail authority, in which event such | 22 | | person may be taken to the
nearest and most accessible judge, | 23 | | irrespective of the county where such
judge presides,
and a | 24 | | charge shall be filed.
Whenever a person arrested either with | 25 | | or without a warrant is required
to be taken
before a judge, a |
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| 1 | | charge
may be filed against such person by way of a two-way | 2 | | closed circuit
television system, except that a hearing to deny | 3 | | bail to the defendant may
not be conducted by way of closed | 4 | | circuit television.
| 5 | | (b) The judge shall:
| 6 | | (1) Inform the defendant of the charge against him and | 7 | | shall provide him
with a copy of the charge;
| 8 | | (2) Advise the defendant of his right to counsel and if | 9 | | indigent shall
appoint a public defender or licensed | 10 | | attorney at law of this State to
represent him in | 11 | | accordance with the provisions of Section 113-3 of this
| 12 | | Code;
| 13 | | (3) Schedule a preliminary hearing in appropriate | 14 | | cases;
| 15 | | (4) Admit the defendant to bail in accordance with the | 16 | | provisions of
Article 110 of this Code; and
| 17 | | (5) Order the confiscation of the person's passport or | 18 | | impose travel restrictions on a defendant arrested for | 19 | | first degree murder or other violent crime as defined in | 20 | | Section 3 of the Rights of Crime Victims and Witnesses Act, | 21 | | if the judge determines , based on the factors in Section | 22 | | 110-5 of this Code, that this will reasonably ensure assure | 23 | | the appearance of the defendant and compliance by the | 24 | | defendant with all conditions of release. | 25 | | (c) The court may issue an order of protection in | 26 | | accordance with
the provisions of Article 112A of this Code.
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| 1 | | (d) At the initial appearance of a defendant in any | 2 | | criminal proceeding, the court must advise the defendant in | 3 | | open court that any foreign national who is arrested or | 4 | | detained has the right to have notice of the arrest or | 5 | | detention given to his or her country's consular | 6 | | representatives and the right to communicate with those | 7 | | consular representatives if the notice has not already been | 8 | | provided. The court must make a written record of so advising | 9 | | the defendant. | 10 | | (e) If consular notification is not provided to a defendant | 11 | | before his or her first appearance in court, the court shall | 12 | | grant any reasonable request for a continuance of the | 13 | | proceedings to allow contact with the defendant's consulate. | 14 | | Any delay caused by the granting of the request by a defendant | 15 | | shall temporarily suspend for the time of the delay the period | 16 | | within which a person shall be tried as prescribed by | 17 | | subsections (a), (b), or (e) of Section 103-5 of this Code and | 18 | | on the day of the expiration of delay the period shall continue | 19 | | at the point at which it was suspended. | 20 | | (Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14; | 21 | | revised 12-10-14.)
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