House Sponsors: DURKIN. Senate Sponsors: CRONIN Short description: PRISONER CUSTODY-CHANGE Synopsis of Bill as introduced: Amends the Code of Civil Procedure. Provides that a person may be removed from the custody of a prison or a sheriff or other officer when done by habeas corpus order, grand jury subpoena, written request of a State's Attorney or assistant State's Attorney, or some other legal process or when expressly authorized by law (now, by habeas corpus order or some other legal process or when expressly authorized by law). Effective immediately. HOUSE AMENDMENT NO. 1. Deletes all substantive changes. Amends the Code of Civil Procedure. Provides that a person in the custody of a sheriff or other officer or person for a criminal matter may be removed to other custody, within the same county, by grand jury subpoena or written request certified by a State's Attorney or duly authorized representative. These provisions do not apply to persons in the custody of the Department of Corrections. HOUSE AMENDMENT NO. 2. Limits application of the bill to counties of over 3,000,000. Permits removal of a prisoner to another custody if ordered by an assistant State's Attorney, or pursuant to some other legal process, or when expressly allowed by law. SENATE AMENDMENT NO. 1. Provides that a person in custody of the sheriff in Cook County may (instead of shall) be removed to a prison or other custody under specified circumstances. Provides that the sheriff and other county employees are not liable for injuries resulting from or following the release of a person from custody. SENATE AMENDMENT NO. 2. Deletes reference to: 735 ILCS 5/10-131 Adds reference to: 730 ILCS 125/19.5 new Deletes everything. Amends the County Jail Act. Requires county sheriffs to adopt and implement a written policy that provides for the release of persons in the custody of the sheriff to other law enforcement personnel or the State's Attorney for the purpose of furthering investigations into criminal matters. Provides that the sheriff is not liable for any injury to the person released or to a third party during the period that the person released is in the custody of other law enforcement personnel or the State's Attorney, unless the sheriff or a deputy sheriff, correctional guard, lockup keeper, or county employee is guilty of willful and wanton conduct that proximately caused the injury. Effective immediately. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 2 END OF INQUIRY Full Text Bill Status