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SB 1293

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2025 Regular Session Introduced by Kannan Srinivasan and 1 co-sponsor

The bill requires cross-county arrest warrants to be acted on within 5 days: transport for hearing or mark served and release, or release if no action taken.

Acts of Assembly Chapter text (CHAP0516)
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Bill Summary · SB 1293

SB 1293 — Summary (Criminal Procedure: Warrants and Summons)

Note on source documents: the materials provided include text from more than one jurisdiction (an Arizona legislators’ salary bill and an Illinois criminal procedure bill both labeled “SB 1293”). This summary focuses on the criminal‑procedure provisions titled “CRIM PRO — WARRANTS AND SUMMONS” (amending the Illinois Code of Criminal Procedure, 725 ILCS 5/107‑9 and 5/109‑2), which match the bill title.

Purpose

To revise form and execution rules for arrest warrants and summonses and to establish deadlines and procedures governing persons arrested in one county who have outstanding warrants in another county — with the overarching goal of reducing unnecessary cross‑county detention and clarifying responsibility and timelines for transport, marking, and release.

Key provisions

  • Warrant/summons content:

    • Requires that an arrest warrant or summons command that the accused be arrested and brought before the issuing court "at a certain day, time, and courtroom number," or before the nearest/most accessible court in the same county, or appear at a specified time and place.
    • Retains other required elements (identifying information, offense, issuing date/place, judge’s signature, any pretrial‑release conditions, and any geographic limitation — not expressed in mileage).
  • Electronic issuance:

    • Explicitly allows a judge to issue an arrest warrant or summons when the request is made by electronic means that include simultaneous audio and video transmission, based on a sworn complaint or sworn testimony communicated in that transmission.
    • Permits warrants/summonses to be issued electronically (e‑mail, fax) with the same validity as written documents.
  • Execution and geographic scope:

    • Directs arrest warrants to all peace officers in the State and clarifies that warrants may be executed in locations across the State notwithstanding any stated geographic limitation (with the limitation not to be expressed in mileage).
  • Cross‑county arrests and 5‑day rule (Section 109‑2):

    • If an arrested person in County A has a warrant outstanding in County B, then — no later than 5 calendar days after the end of any detention on the County A charge — the issuing county (County B) must either:
    • Transport the person to County B for a hearing on the warrant; or
    • Mark the warrant as served (the bill changes prior language from “quash” to “mark as served”) and order release on the case for which the warrant was issued.
    • If the issuing county takes no action within 5 calendar days, the defendant shall be released from custody on that warrant. The circuit or associate judge in the arresting county shall set conditions of release, admit the defendant to pretrial release, and schedule the defendant’s appearance before the court named in the warrant based on the court day, time, and courtroom number listed on the warrant.

Who is affected

  • Defendants with outstanding warrants in other counties (may see reduced detention and earlier release or transfer).
  • Sheriffs and local law‑enforcement agencies (responsible for notifications, transport, marking warrants served, and coordinating transfers).
  • County prosecutors and courts in both the arresting and issuing counties (must act within the 5‑day deadline; arresting‑county judges gain authority to set release terms and schedule appearances when issuing county fails to act).
  • Statewide peace officers (warrants directed to all officers).

Expected effects and considerations

  • Likely to reduce prolonged cross‑county detention by imposing a firm 5‑day deadline on issuing counties.
  • Creates administrative obligations for issuing counties to transport persons or mark warrants served and release defendants.
  • Empowers arresting‑county judges to grant pretrial release and schedule court appearances if the issuing county fails to act.
  • May require procedural updates (warrant formatting to include courtroom/time information) and increase inter‑county coordination.
  • No explicit effective date is shown in the provided text.

Procedural status and related measures

  • Document indicates this proposal amends 725 ILCS 5/107‑9 and 5/109‑2 (Code of Criminal Procedure of 1963).
  • The provided packet references a companion bill (HB 3719). Legislative actions and sponsors in the materials span multiple states; verify the correct jurisdiction and current status with the relevant legislative clerk for the authoritative record.

Compiled from official sources — confirm details with the bill’s official record.

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