§ 107-9 — Issuance of arrest warrant upon complaint

(a) When a complaint is presented to a court charging that an offense has been committed, it shall examine upon oath or affirmation the complainant or any witnesses. (b) The complaint shall be in writing and shall: (1) State the name of the accused if known, and if not known the accused may be designated by any name or description by which he can be identified with reasonable certainty; (2) State the offense with which the accused is charged; (3) State the time and place of the offense as definitely as can be done by the complainant; and (4) Be subscribed and sworn to by the complainant. (b-5) If an arrest warrant or summons is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant or summons based upon a sworn complaint or sworn testimony communicated in the transmission. (c) A warrant or summons may be issued by the court for the arrest or appearance of the person complained against if it appears from the contents of the complaint and the examination of the complainant or other witnesses, if any, that the person against whom the complaint was made has committed an offense. (d) The warrant of arrest or summons shall: (1) Be in writing; (2) Specify the name, sex and birth date of the person to be arrested or summoned or, if his name, sex or birth date is unknown, shall designate such person by any name or description by which the person can be identified with reasonable certainty; (3) Set forth the nature of the offense; (4) State the date when issued and the municipality or county where issued; (5) Be signed by the judge of the court with the title of the judge's office; and (6) Command that the person against whom the complaint was made to be arrested and brought before the court issuing the warrant or the nearest or most accessible court in the same county, or appear before the court at a certain time and place; (7) Specify the conditions of pretrial release, if any; and (8) Specify any geographical limitation placed on the execution of the warrant, if any, but such limitation shall not be expressed in mileage. (e) The summons may be served in the same manner as the summons in a civil action, except that a police officer may serve a summons for a violation of an ordinance occurring within the municipality of the police officer. (f) If the person summoned fails to appear by the date required or cannot be located to serve the summons, a warrant may be issued by the court for the arrest of the person complained against. (g) A warrant of arrest issued under this Section shall incorporate the information included in the summons, and shall comply with the following: (1) The arrest warrant shall specify any geographic limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage. (2) The arrest warrant shall be directed to all peace officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State. (h) The arrest warrant or summons may be issued electronically or electromagnetically by use of electronic mail or a facsimile transmission machine and any such arrest warrant or summons shall have the same validity as a written arrest warrant or summons.

Legislative History

(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)