Bill Text: IL SB1690 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that a person charged with an offense shall be allowed counsel at the hearing at which bail is determined under the Code. Provides that if the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her for purposes of that hearing.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1690 Detail]

Download: Illinois-2017-SB1690-Engrossed.html



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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.
8 (a) A person arrested with or without a warrant shall be
9taken without unnecessary delay before the nearest and most
10accessible judge in that county, except when such county is a
11participant in a regional jail authority, in which event such
12person may be taken to the nearest and most accessible judge,
13irrespective of the county where such judge presides, and a
14charge shall be filed. Whenever a person arrested either with
15or without a warrant is required to be taken before a judge, a
16charge may be filed against such person by way of a two-way
17closed circuit television system, except that a hearing to deny
18bail to the defendant may not be conducted by way of closed
19circuit television.
20 (a-5) A person charged with an offense shall be allowed
21counsel at the hearing at which bail is determined under
22Article 110 of this Code. If the defendant desires counsel for
23his or her initial appearance but is unable to obtain counsel,

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1the court shall appoint a public defender or licensed attorney
2at law of this State to represent him or her for purposes of
3that hearing.
4 (b) The judge shall:
5 (1) Inform the defendant of the charge against him and
6 shall provide him with a copy of the charge;
7 (2) Advise the defendant of his right to counsel and if
8 indigent shall appoint a public defender or licensed
9 attorney at law of this State to represent him in
10 accordance with the provisions of Section 113-3 of this
11 Code;
12 (3) Schedule a preliminary hearing in appropriate
13 cases;
14 (4) Admit the defendant to bail in accordance with the
15 provisions of Article 110 of this Code; and
16 (5) Order the confiscation of the person's passport or
17 impose travel restrictions on a defendant arrested for
18 first degree murder or other violent crime as defined in
19 Section 3 of the Rights of Crime Victims and Witnesses Act,
20 if the judge determines, based on the factors in Section
21 110-5 of this Code, that this will reasonably ensure the
22 appearance of the defendant and compliance by the defendant
23 with all conditions of release.
24 (c) The court may issue an order of protection in
25accordance with the provisions of Article 112A of this Code.
26 (d) At the initial appearance of a defendant in any

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1criminal proceeding, the court must advise the defendant in
2open court that any foreign national who is arrested or
3detained has the right to have notice of the arrest or
4detention given to his or her country's consular
5representatives and the right to communicate with those
6consular representatives if the notice has not already been
7provided. The court must make a written record of so advising
8the defendant.
9 (e) If consular notification is not provided to a defendant
10before his or her first appearance in court, the court shall
11grant any reasonable request for a continuance of the
12proceedings to allow contact with the defendant's consulate.
13Any delay caused by the granting of the request by a defendant
14shall temporarily suspend for the time of the delay the period
15within which a person shall be tried as prescribed by
16subsections (a), (b), or (e) of Section 103-5 of this Code and
17on the day of the expiration of delay the period shall continue
18at the point at which it was suspended.
19(Source: P.A. 98-143, eff. 1-1-14; 99-78, eff. 7-20-15; 99-190,
20eff. 1-1-16.)
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