Public Act 90-0140 of the 90th General Assembly
Public Act 90-0140
SB921 Enrolled LRB9003439RCks
AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Sections 106D-1 and 109-1.
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 Sections 106D-1 and 109-1 as follows:
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by closed circuit
television. When a defendant's personal appearance is not
constitutionally required by the Constitution of the United
States or Illinois Constitution, the court may allow the
defendant to personally appear at any pre-trial or post-trial
proceeding by way of closed circuit television when:
(a) the court has authorized the use of closed
circuit television and has by rule or order set out the
type of proceedings that may be conducted by closed
circuit television; and
(b) the defendant is incarcerated; and
(c) the Director of Corrections, sheriff or other
authority has certified that facilities are available for
this purpose.
(Source: P.A. 88-311; 88-467.)
(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, and such person is in
a different building than the building in which the judge is
located, 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 Code.
(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.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
(Source: P.A. 85-1209.)