Illinois General Assembly - Full Text of Public Act 094-0149
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Public Act 094-0149




Public Act 094-0149
SB0045 Enrolled LRB094 04982 RLC 35013 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Uniform Criminal Extradition Act is amended
by changing Section 5 as follows:
    (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
    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
    probation, post-release supervision, or parole or has an
    unexpired sentence in the foreign state;
        (2) the foreign state has personal jurisdiction over
    that person; and
        (3) the foreign state has issued a valid warrant for
    the apprehension of that person or has issued a commitment
    order to serve a sentence in a state or local correctional
    facility. For that purpose no formalities shall be required
    other than establishing the authority of the officer and
    the identity of the person to be apprehended. All legal
    requirements to obtain extradition of fugitives from
    justice are expressly waived by the State of Illinois as to
    those persons.
(Source: Laws 1955, p. 1982.)
    Section 99. Effective date. This Act takes effect October
1, 2005.

Effective Date: 10/1/2005