Public Act 098-0143
SB0039 EnrolledLRB098 02910 MRW 32922 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 Code of Criminal Procedure of 1963 is
amended by changing Section 109-1 as follows:
    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
    Sec. 109-1. Person arrested.
    (a) A person arrested with or without a warrant shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
bail to the defendant may not be conducted by way of closed
circuit television.
    (b) The judge shall:
        (1) Inform the defendant of the charge against him and
    shall provide him with a copy of the charge;
        (2) Advise the defendant of his right to counsel and if
    indigent shall appoint a public defender or licensed
    attorney at law of this State to represent him in
    accordance with the provisions of Section 113-3 of this
        (3) Schedule a preliminary hearing in appropriate
    cases; and
        (4) Admit the defendant to bail in accordance with the
    provisions of Article 110 of this Code; and .
        (5) Order the confiscation of the person's passport or
    impose travel restrictions on a defendant arrested for
    first degree murder or other violent crime as defined in
    Section 3 of the Rights of Crime Victims and Witnesses Act,
    if the judge determines based on the factors in Section
    110-5 of this Code, that this will reasonably assure the
    appearance of the defendant and compliance by the defendant
    with all conditions of release.
    (c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
(Source: P.A. 97-813, eff. 7-13-12.)

Effective Date: 1/1/2014