(725 ILCS 5/Art. 109 heading)
ARTICLE 109.
PRELIMINARY EXAMINATION
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(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, 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
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(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;
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(3) Schedule a preliminary hearing in appropriate
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(4) Admit the defendant to bail in accordance with
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(5) Order the confiscation of the person's passport
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| (c) The court may issue an order of protection in accordance with
the provisions of Article 112A of this Code.
(Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14.)
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(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
Sec. 109-1.1.
(1) Whenever a person arrested either with or without a
warrant is taken before a judge as provided for in Sections 107-9(d) (6)
and 109-1(a), the judge shall ask the arrestee whether he or she has any
children under 18 years old living with him or her
who may be neglected as a result of the arrest, incarceration or otherwise.
If the judge has reasonable cause to believe that a child may be a neglected
child as defined in the Abused and Neglected Child Care Reporting Act, he
shall instruct a probation officer to report it immediately to the Department
of Children and Family Services as provided in that Act.
(Source: P.A. 82-228.)
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(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. He
shall be admitted to bail in the amount specified in the warrant or, for
offenses other than felonies, in an amount as set by the judge, and such
bail shall be conditioned on his appearing in the court issuing the warrant
on a certain date. 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 person so arrested.
(Source: P.A. 86-298.)
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(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
Sec. 109-3. Preliminary examination.)
(a) The judge shall hold the defendant to answer to the court having
jurisdiction of the offense if from the evidence it appears there is
probable cause to believe an offense has been committed by the
defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the judge shall hold
him to answer and may, or on the demand of the prosecuting attorney shall,
cause the witnesses for the State to be examined. After hearing the
testimony if it appears that there is not probable cause to believe the
defendant guilty of any offense the judge shall discharge him.
(c) During the examination of any witness or when the defendant is
making a statement or testifying the judge may and on the request of the
defendant or State shall exclude all other witnesses. He may also cause the
witnesses to be kept separate and to be prevented from communicating with
each other until all are examined.
(d) If the defendant is held to answer the judge may require any
material witness for the State or defendant to enter into a written
undertaking to appear at the trial, and may provide for the forfeiture of a
sum certain in the event the witness does not appear at the trial. Any
witness who refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of the court
having jurisdiction of the cause. Any witness who executes a recognizance
and fails to comply with its terms shall, in addition to any forfeiture
provided in the recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of bail bond.
(e) During preliminary hearing or examination the defendant may move for
an order of suppression of evidence pursuant to Section 114-11 or 114-12
of this Act or for other reasons, and may move for dismissal of the charge
pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1.
Persons Charged with Felonies.
(a) In any case involving a person charged with a felony in this State,
alleged to have been committed on or after January 1, 1984, the provisions
of this Section shall apply.
(b) Every person in custody in this State for the alleged commission of
a felony shall receive either a preliminary examination as provided in Section
109-3 or an indictment by Grand Jury as provided in Section 111-2, within
30 days from the date he or she was taken into custody. Every person on
bail or recognizance for the alleged commission of a felony shall receive
either a preliminary examination as provided in Section 109-3 or an indictment
by Grand Jury as provided in Section 111-2, within 60 days from the date he
or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand Jury on the felony
offense for which he or she was initially taken into custody or on an offense
arising from the same transaction or conduct of the defendant that was the
basis for the felony offense or offenses initially charged; or
(3) when a competency examination is ordered by the court; or
(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial has been made; or
(6) when the case has been continued by the court under Section 114-4 of
this Code after a determination that the defendant is physically incompetent
to stand trial.
(c) Delay occasioned by the defendant shall temporarily suspend, for the
time of the delay, the period within which the preliminary examination must
be held. On the day of expiration of the delay the period in question shall
continue at the point at which it was suspended.
(Source: P.A. 83-644.)
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