(725 ILCS 225/1) (from Ch. 60, par. 18)
Sec. 1.
Definitions.
Where appearing in this Act, the term "Governor" includes any person
performing the functions of Governor by authority of the law of this State.
The term "Executive Authority" includes the Governor, and any person
performing the functions of Governor in a state other than this State, and
the term "State", referring to a state other than this State, includes any
other state or territory, organized or unorganized, of the United States of
America.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/2) (from Ch. 60, par. 19)
Sec. 2.
Fugitives
from justice: duty of Governor.
Subject to the provisions of this Act, the provisions of the
Constitution of the United States controlling, and any and all acts of
Congress enacted in pursuance thereof, it is the duty of the Governor of
this State to have arrested and delivered up to the Executive Authority of
any other state of the United States any person charged in that State with
treason, felony, or other crime, who has fled from justice and is found in
this State.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/3) (from Ch. 60, par. 20)
Sec. 3.
Form of
demand.
No demand for the extradition of a person charged with crime in another
state shall be recognized by the Governor unless in writing alleging,
except in cases arising under Section 6, that the accused was present in
the demanding state at the time of the commission of the alleged crime, and
that thereafter he fled from the state, and accompanied by a copy of an
indictment found or by information supported by affidavit in the state
having jurisdiction of the crime, or by a copy of an affidavit made before
a magistrate there, together with a copy of any warrant which was issued
thereupon; or by a copy of a judgment of conviction or of a sentence
imposed in execution thereof, together with a statement by the Executive
Authority of the demanding state that the person claimed has escaped from
confinement or has broken the terms of his bail, probation or parole. The
indictment, information, or affidavit made before the magistrate must
substantially charge the person demanded with having committed a crime
under the law of that state; and the copy of indictment, information,
affidavit, judgment of conviction or sentence must be authenticated by the
Executive Authority making the demand.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/4) (from Ch. 60, par. 21)
Sec. 4.
Governor may
investigate case.
When a demand shall be made upon the Governor of this State by the
Executive Authority of another state for the surrender of a person so
charged with crime, the Governor may call upon the Attorney-General or any
prosecuting officer in this State to investigate or assist in investigating
the demand, and to report to him the situation and circumstances of the
person so demanded, and whether he ought to be surrendered.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/5) (from Ch. 60, par. 22)
Sec. 5. Extradition
of persons imprisoned or awaiting trial in another state or who have left
the demanding state under compulsion.
When it is desired to have returned to this State a person charged in
this State with a crime, and such person is imprisoned or is held under
criminal proceedings then pending against him in another state, the
Governor of this State may agree with the Executive Authority of such other
state for the extradition of such person before the conclusion of such
proceedings or his term of sentence in such other state, upon condition
that such person be returned to such other state at the expense of this
State as soon as the prosecution in this State is terminated.
The Governor of this State may also surrender on demand of the Executive
Authority of any other state any person in this State who is charged in the
manner provided in Section 23 of this Act with having violated the laws
of the state whose Executive Authority is making the demand, even though
such person left the demanding state involuntarily. Notwithstanding any other provision of this Act, any person incarcerated in any federal facility may be released to the custody of the duly accredited officers or designees of those officers of a foreign state if: (1) the person has violated the terms of his or her | ||
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(2) the foreign state has personal jurisdiction over | ||
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(3) the foreign state has issued a valid warrant for | ||
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(Source: P.A. 94-149, eff. 10-1-05.)
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(725 ILCS 225/6) (from Ch. 60, par. 23)
Sec. 6.
Extradition
of persons not present in demanding state at time of commission of crime.
The Governor of this State may also surrender, on demand of the
Executive Authority of any other state, any person in this State charged in
such other state in the manner provided in Section 3 with committing an
act in this State, or in a third state, intentionally resulting in a crime
in the state whose Executive Authority is making the demand. However, the Governor of this State shall not surrender such a person if the charge is based on conduct that involves seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care, as defined by Section 28-10 of the Lawful Health Care Activity Act, that is not unlawful under the laws of this State, including a charge based on any theory of vicarious, joint, several, or conspiracy liability.
(Source: P.A. 102-1117, eff. 1-13-23.)
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(725 ILCS 225/7) (from Ch. 60, par. 24)
Sec. 7.
Issue of
Governor's warrant of arrest; its recitals.
If the Governor decides that the demand should be complied with, he
shall sign a warrant of arrest, which shall be sealed with the state seal,
and be directed to any peace officer or other person whom he may think fit
to entrust with the execution thereof. The warrant must substantially
recite the facts necessary to the validity of its issuance.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/8) (from Ch. 60, par. 25)
Sec. 8.
Manner and
place of execution.
Such warrant shall authorize the peace officer or other person to whom
directed to arrest the accused at any time and any place where he may be
found within the state and to command the aid of all peace officers or
other persons in the execution of the warrant, and to deliver the accused,
subject to the provisions of this Act to the duly authorized agent of the
demanding state.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/9) (from Ch. 60, par. 26)
Sec. 9.
Authority of
arresting officer.
Every such peace officer or other person empowered to make the arrest,
shall have the same authority, in arresting the accused, to command
assistance therein, as peace officers have by law in the execution of any
criminal process directed to them, with like penalties against those who
refuse their assistance.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/10) (from Ch. 60, par. 27)
Sec. 10.
Rights of accused person:
application for relief by habeas
corpus: appeals.
No person arrested upon such warrant shall be delivered over to the
agent whom the Executive Authority demanding him shall have appointed to
receive him unless he shall first be taken forthwith before a judge of
the circuit court of the county wherein he is arrested who shall inform
him of the demand made for his surrender and of the crime with which he
is charged, and that he has the right to demand and procure within a
reasonable time and opportunity, not less than 24 hours, legal counsel;
and if the prisoner or his counsel shall state that he or they desire to
test the legality of his arrest, the judge of such court shall fix a
reasonable time to be allowed him within which to apply for relief by
habeas corpus. When such relief is applied for, notice thereof, and of the
time and place of hearing thereon, shall be given to the prosecuting
officer of the county in which the arrest is made and in which the
accused is in custody, and to the agent of the demanding state.
Either party may take an appeal from the judgment or order of the
circuit court, as in other civil cases.
(Source: P.A. 81-243.)
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(725 ILCS 225/11) (from Ch. 60, par. 28)
Sec. 11.
Penalty for
non-compliance with preceding section.
Any officer who shall deliver to the agent for extradition of the
demanding state a person in his custody under the Governor's warrant, in
wilful disobedience to the last section, shall be guilty of a Class B
misdemeanor.
(Source: P.A. 77-2517.)
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(725 ILCS 225/12) (from Ch. 60, par. 29)
Sec. 12.
Confinement
in jail when necessary.
The officer or persons executing the Governor's warrant of arrest, or
the agent of the demanding state to whom the prisoner may have been
delivered may, when necessary, confine the prisoner in the jail of any
county or city through which he may pass; and the keeper of such jail must
receive and safely keep the prisoner until the officer or person having
charge of him is ready to proceed on his route, such officer or person
being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have
been delivered following extradition proceedings in another state, or to
whom a prisoner may have been delivered after waiving extradition in such
other state, and who is passing through this state with such a prisoner for
the purpose of immediately returning such prisoner to the demanding state
may, when necessary, confine the prisoner in the jail of any county or city
through which he may pass; and the keeper of such jail must receive and
safely keep the prisoner until the officer or agent having charge of him is
ready to proceed on his route, such officer or agent, however, being
chargeable with the expense of keeping; provided, however, that such
officer or agent shall produce and show to the keeper of such jail
satisfactory written evidence of the fact that he is actually transporting
such prisoner to the demanding state after a requisition by the Executive
Authority of such demanding state. Such prisoner shall not be entitled to
demand a new requisition while in this State.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/13) (from Ch. 60, par. 30)
Sec. 13.
Arrest prior
to requisition.
Whenever any person within this State shall be charged on the oath of
any credible person before any judge of this State with the commission of
any crime in any other state and, except in cases arising under Section
6, with having fled from justice, or with having been convicted of a
crime in that state and having escaped from confinement, or having broken
the terms of his bail, probation or parole, or whenever complaint shall
have been made before any judge in this State setting forth on the
affidavit of any credible person in another state that a crime has been
committed in such other state and that the accused has been charged in such
state with the commission of the crime, and, except in cases arising under
Section 6, has fled from justice, or with having been convicted of a crime
in that state and having escaped from confinement, or having broken the
terms of his bail, probation or parole and is believed to be in this State,
the judge shall issue a warrant directed to any peace officer commanding
him to apprehend the person named therein, wherever he may be found in this
State, and to bring him before the same or any other judge or court who or
which may be available in or convenient of access to the place where the
arrest may be made, to answer the charge or complaint and affidavit, and a
certified copy of the sworn charge or complaint and affidavit upon which
the warrant is issued shall be attached to the warrant.
(Source: P.A. 77-1256.)
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(725 ILCS 225/14) (from Ch. 60, par. 31)
Sec. 14.
Arrest
without a warrant.
The arrest of a person may be lawfully made also by any peace officer or
a private person, without a warrant upon reasonable information that the
accused stands charged in the courts of a state with a crime punishable by
death or imprisonment for a term exceeding one year, but when so arrested
the accused must be taken before a judge with all practicable speed and
complaint must be made against him under oath setting forth the ground for
the arrest as in the preceding Section; and thereafter his answer shall be
heard as if he had been arrested on a warrant.
(Source: P.A. 77-1256.)
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(725 ILCS 225/15) (from Ch. 60, par. 32)
Sec. 15.
Commitment
to await requisition; Bail.
If from the examination before the judge it appears that the person held
is the person charged with having committed the crime alleged and, except
in cases arising under Section 6, that he has fled from justice, the judge
must, by a warrant reciting the accusation, commit him to the county jail
for such a time not exceeding 30 days and specified in the warrant, as will
enable the arrest of the accused to be made under a warrant of the Governor
on a requisition of the Executive Authority of the state having
jurisdiction of the offense, unless the accused give bail as provided in
the next section, or until he shall be legally discharged.
(Source: P.A. 77-1256.)
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(725 ILCS 225/16) (from Ch. 60, par. 33)
Sec. 16.
Bail; in
what cases; conditions of bond.
Unless the offense with which the prisoner is charged is shown to be an
offense punishable by death or life imprisonment under the laws of the
state in which it was committed, a judge in this State may admit the person
arrested to bail by bond, with sufficient sureties, and in such sum as he
deems proper, conditioned for his appearance before him at a time specified
in such bond, and for his surrender, to be arrested upon the warrant of the
Governor of this State.
(Source: P.A. 77-1256.)
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(725 ILCS 225/17) (from Ch. 60, par. 34)
Sec. 17.
Extension of
time of commitment; adjournment.
If the accused is not arrested under warrant of the Governor by the
expiration of the time specified in the warrant or bond, a judge may
discharge him or may recommit him for a further period not to exceed 60
days, or a judge may again take bail for his appearance and surrender, as
provided in Section 16 but within a period not to exceed 60 days after the
date of such new bond.
(Source: P.A. 77-1256.)
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(725 ILCS 225/18) (from Ch. 60, par. 35)
Sec. 18.
Forfeiture
of bail.
If the prisoner is admitted to bail, and fails to appear and surrender
himself according to the conditions of his bond, the judge, by proper
order, shall declare the bond forfeited and order his immediate arrest
without warrant if he be within this State. Recovery may be had on such
bond in the name of the state as in the case of other bonds given by the
accused in criminal proceedings within this State.
(Source: P.A. 77-1256.)
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(725 ILCS 225/19) (from Ch. 60, par. 36)
Sec. 19.
Persons
under criminal prosecution in this state at time of requisition.
If a criminal prosecution has been instituted against such person under
the laws of this State and is still pending the Governor, in his
discretion, either may surrender him on demand of the Executive Authority
of another state or hold him until he has been tried and discharged or
convicted and punished in this State.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/20) (from Ch. 60, par. 37)
Sec. 20.
Guilt or
innocence of the accused, when inquired into.
The guilt or innocence of the accused as to the crime of which he is
charged may not be inquired into by the Governor or in any proceeding after
the demand for extradition accompanied by a charge of crime in legal form
as above provided shall have been presented to the Governor, except as it
may be involved in identifying the person held as the person charged with
the crime.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/21) (from Ch. 60, par. 38)
Sec. 21.
Governor may
recall warrant or issue alias.
The Governor may recall his warrant of arrest or may issue another
warrant whenever he deems proper.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/22) (from Ch. 60, par. 39)
Sec. 22. Fugitives
from this State; duty of Governors.
Whenever the Governor of this State shall demand a person charged with
crime or with escaping from confinement or breaking the terms of his or her bail,
probation, aftercare release, or parole in this State, from the Executive Authority of any
other state, or from the chief justice or an associate justice of the
Supreme Court of the District of Columbia authorized to receive such demand
under the laws of the United States, he or she shall issue a warrant under the
seal of this State, to some agent, commanding him or her to receive the person so
charged if delivered to him or her and convey him or her to the proper officer of the
county in this State in which the offense was committed.
(Source: P.A. 98-558, eff. 1-1-14.)
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(725 ILCS 225/23) (from Ch. 60, par. 40)
Sec. 23.
Application
for issuance of requisition; by whom made; contents.
I. When the return to this State of a person charged with crime in this
State is required, the prosecuting attorney shall present to the Governor
his written application for a requisition for the return of the person
charged, in which application shall be stated the name of the person so
charged, the crime charged against him, the approximate time, place and
circumstances of its commission, the state in which he is believed to be,
including the location of the accused therein at the time the application
is made and certifying that, in the opinion of the said prosecuting
attorney the ends of justice require the arrest and return of the accused
to this State for trial and that the proceeding is not instituted to
enforce a private claim.
II. When the return to this State is required of a person who has been
convicted of a crime in this State and has escaped from confinement or
broken the terms of his bail, probation or parole, the prosecuting attorney
of the county in which the offense was committed, the parole and pardon
board, or the warden of the institution or sheriff of the county, from
which escape was made, shall present to the Governor a written application
for a requisition for the return of such person, in which application shall
be stated the name of the person, the crime of which he was convicted, the
circumstances of his escape from confinement or of the breach of the terms
of his bail, probation or parole, the state in which he is believed to be,
including the location of the person therein at the time application is
made.
III. The application shall be verified by affidavit, shall be executed
in duplicate and shall be accompanied by two certified copies of the
indictment returned, or information and affidavit filed, or of the
complaint made to the judge, stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence. The
prosecuting officer, parole and pardon board, warden or sheriff may also
attach such further affidavits and other documents in duplicate as he shall
deem proper to be submitted with such application. One copy of the
application, with the action of the Governor indicated by endorsement
thereon, and one of the certified copies of the indictment, complaint,
information, and affidavits, or of the judgment of conviction or of the
sentence shall be filed in the office of the Secretary of State to remain
of record in that office. The other copies of all papers shall be forwarded
with the Governor's requisition.
(Source: P.A. 77-1256.)
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(725 ILCS 225/24) (from Ch. 60, par. 41)
Sec. 24.
Costs and expenses.
When the punishment of the crime shall be
the confinement of the criminal in the penitentiary, the expenses shall
be paid out of the state treasury, on the certificate of the Governor and
warrant of the State Comptroller; and in all other cases they shall be paid
out of the county treasury in the county wherein the crime is alleged to
have been committed. The expenses shall be the fees paid to the officers
of the asylum state, and all necessary travel in returning such fugitives.
The necessary travel expenses allowed shall be the same, as near as may
be, as the amounts for travel allowed pursuant to the rules and regulations
of the Illinois Department of Central Management Services. Before
such accounts shall be certified by the Governor, or paid by the county,
they shall be verified by affidavit, and certified to by the state's attorney
of the county wherein the crime is alleged to have been committed, and submitted
therewith shall be the agent's authority or a certified copy of the
waiver of extradition.
(Source: P.A. 82-789.)
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(725 ILCS 225/24.1) (from Ch. 60, par. 41.1)
Sec. 24.1.
Transportation of released prisoners.
(a) Whenever a person is brought into this State on an extradition
warrant or upon waiver of extradition to be tried for an offense within
this State and is subsequently released from custody without being
convicted of the offense for which he was brought into this State to be
tried, it shall be the duty of the peace officer, sheriff or other official
from whom he was released from custody to provide or offer the person
transportation to the nearest public transportation facility if the
municipality or county in which he was held does not have a public
transportation facility.
(b) As used in this Section:
(1) "Public transportation facility" means a terminal | ||
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(2) "Public transportation" means the transportation | ||
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(Source: P.A. 86-1263.)
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(725 ILCS 225/25) (from Ch. 60, par. 42)
Sec. 25.
Immunity
from service of process in certain civil actions.
A person brought into this State by, or after waiver of, extradition
based on a criminal charge shall not be subject to service of personal
process in civil actions arising out of the same facts as the criminal
proceeding to answer which he is being or has been returned, until he has
been convicted in the criminal proceeding, or, if acquitted, until he has
had reasonable opportunity to return to the state from which he was
extradited.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/26) (from Ch. 60, par. 43)
Sec. 26.
Written waiver of extradition proceedings.
Any person arrested in this State charged with having committed any
crime in another state or alleged to have escaped from confinement, or
broken the terms of his bail, probation or parole may waive the issuance
and service of the warrant provided for in Sections 7 and 8 and all
other procedure incidental to extradition proceedings, by executing or
subscribing in the presence of a judge of the circuit court a writing
which states that he consents to return to the demanding state;
provided, however, that before such waiver shall be executed or
subscribed by such person it shall be the duty of such judge to inform
such person of his rights to the issuance and service of a warrant of
extradition and to obtain a relief by habeas corpus as provided for in
Section 10.
If and when such consent has been duly executed it shall forthwith be
forwarded to the office of the Governor of this State and filed therein.
The judge shall direct the officer having such person in custody to
deliver forthwith such person to the duly accredited agent or agents of
the demanding state, and shall deliver or cause to be delivered to such
agent or agents a copy of such consent; provided, however, that nothing
in this Section shall be deemed to limit the rights of the accused
person to return voluntarily and without formality to the demanding
state, nor shall this waiver procedure be deemed to be an exclusive
procedure or to limit the powers, rights or duties of the officers of
the demanding state or of this State.
(Source: P.A. 81-243.)
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(725 ILCS 225/27) (from Ch. 60, par. 44)
Sec. 27.
Non-Waiver
by this State.
Nothing in this Act contained shall be deemed to constitute a waiver by
this State of its right, power or privilege to try such demanded person for
crime committed within this State, or of its right, power or privilege to
regain custody of such person by extradition proceedings or otherwise for
the purpose of trial, sentence or punishment for any crime committed within
this State, nor shall any proceedings had under this Act which result in,
or fail to result in, extradition be deemed a waiver by this State of any
of its rights, privileges or jurisdiction in any way whatsoever.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/28) (from Ch. 60, par. 45)
Sec. 28.
No right of
asylum. No immunity from other criminal prosecutions while in this state.
After a person has been brought back to this State by, or after waiver
of extradition proceedings, he may be tried in this State for other crimes
which he may be charged with having committed here as well as that
specified in the requisition for his extradition.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/29) (from Ch. 60, par. 46)
Sec. 29.
Interpretation.
The provisions of this Act shall be so interpreted and construed as to
effectuate its general purposes to make uniform the law of those states
which enact it.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/30) (from Ch. 60, par. 47)
Sec. 30.
Constitutionality.
If any provision of this Act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are declared to be severable.
(Source: Laws 1955, p. 1982.)
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(725 ILCS 225/32) (from Ch. 60, par. 49)
Sec. 32.
Short title.
This Act may be cited as the Uniform Criminal Extradition Act.
(Source: Laws 1955, p. 1982.)
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