Bill Text: IL HB5124 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is issued shall arrange for the transport of the person to the county where the warrant was issued for a pretrial release hearing (rather than the county where the warrant is outstanding shall do one of the following: (1) transport the person to the county where the warrant was issued; or (2) quash the warrant and order the person released on the case for which the warrant was issued only when the county that issued the warrant fails to transport the defendant in the timeline as proscribed). Provides that the arresting county is not required to transport the person to the county that issued the warrant.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-04-26 - Added Co-Sponsor Rep. Tony M. McCombie [HB5124 Detail]

Download: Illinois-2023-HB5124-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5124 Introduced 2/8/2024, by Rep. Dennis Tipsword, Jr. - John M. Cabello and Dave Severin SYNOPSIS AS INTRODUCED:
725 ILCS 5/109-2 from Ch. 38, par. 109-2
Amends the Code of Criminal Procedure of 1963. Provides that if a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is issued shall arrange for the transport of the person to the county where the warrant was issued for a pretrial release hearing (rather than the county where the warrant is outstanding shall do one of the following: (1) transport the person to the county where the warrant was issued; or (2) quash the warrant and order the person released on the case for which the warrant was issued only when the county that issued the warrant fails to transport the defendant in the timeline as proscribed). Provides that the arresting county is not required to transport the person to the county that issued the warrant.
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A BILL FOR
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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 109-2 as follows:
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county.
(a) Any person arrested in a county other than the one in
which a warrant for his arrest was issued shall be taken
without unnecessary delay before the nearest and most
accessible judge in the county where the arrest was made or, if
no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was
issued. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting
agency shall surrender such person to a law enforcement agency
of the county that issued the warrant without unnecessary
delay. The provisions of Section 109-1 shall then apply to the

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person so arrested.
(c) If a person is taken before a judge in any county and a
warrant for arrest issued by another Illinois county exists
for that person, the court in the arresting county shall hold
for that person a detention hearing under Section 110-6.1, or
other hearing under Section 110-5 or Section 110-6.
(d) After the court in the arresting county has determined
whether the person shall be released or detained on the
arresting offense, the court shall then order the sheriff to
immediately contact the sheriff in any county where any
warrant is outstanding and notify them of the arrest of the
individual.
(e) If a person has a warrant in another county for an
offense, then, no later than 5 calendar days after the end of
any detention issued on the charge in the arresting county,
the county where the warrant is issued outstanding shall
arrange for the transport of the person to the county where the
warrant was issued for a hearing under Section 110-6 or
110-6.1 in the matter for which the warrant was issued. do one
of the following:
(1) transport the person to the county where the
warrant was issued for a hearing under Section 110-6 or
110-6.1 in the matter for which the warrant was issued; or
The arresting county shall (2) quash the warrant and order
the person released on the case for which the warrant was
issued only when the county that issued the warrant fails to

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transport the defendant in the timeline as proscribed in this
subsection (e).
The arresting county is not required to transport the
person to the county that issued the warrant.
(f) If the issuing county fails to take any action under
subsection (e) within 5 calendar days, the defendant shall be
released from custody on the warrant, and the circuit judge or
associate circuit judge in the county of arrest shall set
conditions of release under Section 110-5 and shall admit the
defendant to pretrial release for his or her appearance before
the court named in the warrant. Upon releasing the defendant,
the circuit judge or associate circuit judge shall certify
such a fact on the warrant and deliver the warrant and the
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release to the officer having charge of
the defendant from arrest and without delay deliver such
warrant and such acknowledgment by the defendant of his or her
receiving the conditions to the court before which the
defendant is required to appear.
(g) If a person has a warrant in another county, in lieu of
transporting the person to the issuing county as outlined in
subsection (e), the issuing county may hold the hearing by way
of a two-way audio-visual communication system if the accused
waives the right to be physically present in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing

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