Bill Text: IL HB5130 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB5130 Detail]

Download: Illinois-2023-HB5130-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5130

Introduced 2/8/2024, by Rep. Dan Ugaste - Dennis Tipsword, Jr. - David Friess and Dave Severin

SYNOPSIS AS INTRODUCED:
725 ILCS 5/109-1 from Ch. 38, par. 109-1

Amends the Code of Criminal Procedure of 1963. Provides that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A or B misdemeanor (rather than any offense that is not a felony or Class A misdemeanor) unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Provides that nothing in this provision requires arrest in the case of Class A or B (rather than a Class A) misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest.
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A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 109-1 as follows:
6 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
7 Sec. 109-1. Person arrested; release from law enforcement
8custody and court appearance; geographic constraints prevent
9in-person appearances.
10 (a) A person arrested with or without a warrant for an
11offense for which pretrial release may be denied under
12paragraphs (1) through (6) of Section 110-6.1 shall be taken
13without unnecessary delay before the nearest and most
14accessible judge in that county, except when such county is a
15participant in a regional jail authority, in which event such
16person may be taken to the nearest and most accessible judge,
17irrespective of the county where such judge presides, within
1848 hours, and a charge shall be filed. Whenever a person
19arrested either with or without a warrant is required to be
20taken before a judge, a charge may be filed against such person
21by way of a two-way audio-visual communication system, except
22that a hearing to deny pretrial release to the defendant may
23not be conducted by two-way audio-visual communication system

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1unless the accused waives the right to be present physically
2in court, the court determines that the physical health and
3safety of any person necessary to the proceedings would be
4endangered by appearing in court, or the chief judge of the
5circuit orders use of that system due to operational
6challenges in conducting the hearing in person. Such
7operational challenges must be documented and approved by the
8chief judge of the circuit, and a plan to address the
9challenges through reasonable efforts must be presented and
10approved by the Administrative Office of the Illinois Courts
11every 6 months.
12 (a-1) Law enforcement shall issue a citation in lieu of
13custodial arrest, upon proper identification, for those
14accused of any offense that is not a felony or Class A or B
15misdemeanor unless (i) a law enforcement officer reasonably
16believes the accused poses a threat to the community or any
17person, (ii) a custodial arrest is necessary because the
18criminal activity persists after the issuance of a citation,
19or (iii) the accused has an obvious medical or mental health
20issue that poses a risk to the accused's own safety. Nothing in
21this Section requires arrest in the case of Class A or B
22misdemeanor and felony offenses, or otherwise limits existing
23law enforcement discretion to decline to effect a custodial
24arrest.
25 (a-3) A person arrested with or without a warrant for an
26offense for which pretrial release may not be denied may,

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1except as otherwise provided in this Code, be released by a law
2enforcement officer without appearing before a judge. A
3presumption in favor of pretrial release shall be applied by
4an arresting officer in the exercise of his or her discretion
5under this Section.
6 (a-5) A person charged with an offense shall be allowed
7counsel at the hearing at which pretrial release is determined
8under Article 110 of this Code. If the defendant desires
9counsel for his or her initial appearance but is unable to
10obtain counsel, the court shall appoint a public defender or
11licensed attorney at law of this State to represent him or her.
12 (b) Upon initial appearance of a person before the court,
13the judge shall:
14 (1) inform the defendant of the charge against him and
15 shall provide him with a copy of the charge;
16 (2) advise the defendant of his right to counsel and
17 if indigent shall appoint a public defender or licensed
18 attorney at law of this State to represent him in
19 accordance with the provisions of Section 113-3 of this
20 Code;
21 (3) schedule a preliminary hearing in appropriate
22 cases;
23 (4) admit the defendant to pretrial release in
24 accordance with the provisions of Article 110 of this
25 Code, or upon verified petition of the State, proceed with
26 the setting of a detention hearing as provided in Section

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1 110-6.1; and
2 (5) order the confiscation of the person's passport or
3 impose travel restrictions on a defendant arrested for
4 first degree murder or other violent crime as defined in
5 Section 3 of the Rights of Crime Victims and Witnesses
6 Act, if the judge determines, based on the factors in
7 Section 110-5 of this Code, that this will reasonably
8 ensure the appearance of the defendant and compliance by
9 the defendant with all conditions of release.
10 (c) The court may issue an order of protection in
11accordance with the provisions of Article 112A of this Code.
12Crime victims shall be given notice by the State's Attorney's
13office of this hearing as required in paragraph (2) of
14subsection (b) of Section 4.5 of the Rights of Crime Victims
15and Witnesses Act and shall be informed of their opportunity
16at this hearing to obtain an order of protection under Article
17112A of this Code.
18 (d) At the initial appearance of a defendant in any
19criminal proceeding, the court must advise the defendant in
20open court that any foreign national who is arrested or
21detained has the right to have notice of the arrest or
22detention given to his or her country's consular
23representatives and the right to communicate with those
24consular representatives if the notice has not already been
25provided. The court must make a written record of so advising
26the defendant.

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1 (e) If consular notification is not provided to a
2defendant before his or her first appearance in court, the
3court shall grant any reasonable request for a continuance of
4the proceedings to allow contact with the defendant's
5consulate. Any delay caused by the granting of the request by a
6defendant shall temporarily suspend for the time of the delay
7the period within which a person shall be tried as prescribed
8by subsection (a), (b), or (e) of Section 103-5 of this Code
9and on the day of the expiration of delay the period shall
10continue at the point at which it was suspended.
11 (f) At the hearing at which conditions of pretrial release
12are determined, the person charged shall be present in person
13rather than by two-way audio-video communication system unless
14the accused waives the right to be present physically in
15court, the court determines that the physical health and
16safety of any person necessary to the proceedings would be
17endangered by appearing in court, or the chief judge of the
18circuit orders use of that system due to operational
19challenges in conducting the hearing in person. Such
20operational challenges must be documented and approved by the
21chief judge of the circuit, and a plan to address the
22challenges through reasonable efforts must be presented and
23approved by the Administrative Office of the Illinois Courts
24every 6 months.
25 (g) Defense counsel shall be given adequate opportunity to
26confer with the defendant prior to any hearing in which

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