IL SB1906 | 2011-2012 | 97th General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Failed on January 8 2013 - 100% progression
Action: 2013-01-08 - Session Sine Die
Text: Latest bill text (Amended) [HTML]
Spectrum: Partisan Bill (Democrat 1-0)
Status: Failed on January 8 2013 - 100% progression
Action: 2013-01-08 - Session Sine Die
Text: Latest bill text (Amended) [HTML]
Summary
Amends the Code of Criminal Procedure of 1963. Provides that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. Provides that neither the fact that a foreign national is identified as such, nor that he or she invokes the right to consular notification shall provide any law enforcement official with reason to believe that the person is unlawfully present in the United States or reason to otherwise inquire about that person's immigrant status in the United States. Provides that at the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if such notice has not already been provided. Provides that the court must make a written record of so advising the defendant. Provides that if consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Provides that if consular notice is not provided before conviction and sentencing, the Appellate Court shall remand the case to the trial court if the defendant can show that he or she suffered prejudice as a result of the lack of consular notice.
Title
CRIM PRO-FOREIGN ARRESTEES
Sponsors
Sen. Kwame Raoul [D] |
History
Date | Chamber | Action |
---|---|---|
2013-01-08 | Senate | Session Sine Die |
2011-07-23 | Senate | Senate Floor Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b) |
2011-07-23 | Senate | Pursuant to Senate Rule 3-9(b) / Referred to Assignments |
2011-04-06 | Senate | Senate Floor Amendment No. 1 Postponed - Criminal Law |
2011-03-30 | Senate | Senate Floor Amendment No. 1 Assignments Refers to Criminal Law |
2011-03-29 | Senate | Senate Floor Amendment No. 1 Referred to Assignments |
2011-03-29 | Senate | Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul |
2011-03-17 | Senate | Placed on Calendar Order of 2nd Reading March 29, 2011 |
2011-03-17 | Senate | Do Pass Criminal Law; 007-000-000 |
2011-03-09 | Senate | Held in Criminal Law |
2011-03-02 | Senate | Assigned to Criminal Law |
2011-02-10 | Senate | Referred to Assignments |
2011-02-10 | Senate | First Reading |
2011-02-10 | Senate | Filed with Secretary by Sen. Kwame Raoul |
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
725 | 5 | 103-1 | Amended Code | Citation Text |
725 | 5 | 109-1 | Amended Code | Citation Text |