State of Illinois
91st General Assembly
Legislation

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91_HB3841

 
                                               LRB9112820REdv

 1        AN ACT to amend the Code of Civil Procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 10-131 as follows:

 6        (735 ILCS 5/10-131) (from Ch. 110, par. 10-131)
 7        Sec. 10-131. Custody not to be changed.
 8        (a)  Any  person being committed to any prison, or in the
 9    custody of any sheriff or other officer  or  person  for  any
10    criminal  or  supposed  criminal matter, shall not be removed
11    therefrom  into  any  other  prison  or  custody,  except  as
12    provided in subsection (b) unless it is done by habeas corpus
13    order or some other legal process or  when  it  is  expressly
14    allowed  by  law.  If  any  person  removes,  or causes to be
15    removed any prisoner so committed, except as  above  provided
16    in  subsection  (b),  he  or  she  shall forfeit to the party
17    affected a sum not exceeding $300.
18        (b)  Any person being committed to any prison, or in  the
19    custody  of  any  sheriff  or other officer or person for any
20    criminal  or  supposed  criminal  matter,  shall  be  removed
21    therefrom into any other  prison  or  custody  when  done  by
22    habeas  corpus order, grand jury subpoena, written request by
23    a State's Attorney or an assistant State's Attorney, or  some
24    other legal process or when it is expressly allowed by law.
25    (Source: P.A. 83-707.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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