(725 ILCS 5/110A‑5) Sec. 110A‑5. Courts as conservators of the peace. All courts are
conservators of the peace, shall
cause to be kept all laws made for the preservation of the peace, and may
require persons to give security to keep the peace or for their good
behavior,
or both, as provided by this Article. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑10) Sec. 110A‑10. Complaints. When complaint is made to a judge that a person
has
threatened or is about to commit an offense against the person or property
of another, the court shall examine on oath the complaint, and any witness
who may be produced, and reduce the complaint to writing, and cause it to
be subscribed and sworn to by the complainant. The complaint may be issued electronically or electromagnetically by use
of a facsimile transmission machine, and that complaint
has the same validity as a written complaint. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑15) Sec. 110A‑15. Warrants. If the court is satisfied that there is
danger that an offense will be committed, the court shall issue a
warrant requiring the proper officer to whom it is directed forthwith to
apprehend the person complained of and bring him or her before the
court having jurisdiction in the premises. The warrant may be issued electronically or electromagnetically by use
of a facsimile transmission machine, and that warrant
has the same validity as a written warrant. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑20) Sec. 110A‑20. Hearing. When the person complained of is brought
before the court if the charge is controverted, the testimony produced on
behalf of the plaintiff and defendant shall be heard. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑25) Sec. 110A‑25. Malicious prosecution; costs. If it appears that
there is no just reason to fear the commission
of the offense, the defendant shall be discharged. If the court
is of the opinion that the prosecution was commenced maliciously
without probable cause, the court may enter judgment
against the complainant for the costs of the prosecution. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑30) Sec. 110A‑30. Recognizance. If there is just
reason to fear the commission of an
offense, the defendant shall be required to give a recognizance, with
sufficient security, in the sum as the court may direct,
to keep the peace towards all people of this State, and especially towards
the person against whom or whose property there is reason to fear the offense
may be committed, for such time, not exceeding 12 months, as the court
may order. But he or she shall not be bound over to the next court unless
he or she is also charged with some other offense for which he or she
ought to be held to answer at the court. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑35) Sec. 110A‑35. Refusal to give recognizance. If the person so
ordered to recognize complies with the order,
he or she shall be discharged; but if he or she refuses or neglects,
the court shall commit him or her to jail during the period
for which he or she was required to give security, or until he or
she so recognizes, stating in the warrant the cause of commitment, with
the sum and time for which the security was required. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑40) Sec. 110A‑40. Costs of prosecution. When a person is required to
give security to keep the peace,
or for his or her good behavior, the court may further
order that the costs of the prosecution, or any part of the costs, shall be
paid
by that person, who shall stand committed until the costs are
paid or he or she is otherwise legally discharged. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑45) Sec. 110A‑45. Discharge upon giving recognizance. A person
committed for not finding sureties, or refusing to recognize
as required by the court, may be discharged
on giving the security as was required. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑50) Sec. 110A‑50. Filing of recognizance; breach of condition. Every
recognizance taken in accordance with the foregoing
provisions shall be filed of record by the clerk and upon a breach of the
condition the same shall be prosecuted by the State's Attorney. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑55) Sec. 110A‑55. Conviction not needed. In proceeding upon a
recognizance it is not necessary to show a conviction of
the defendant of an offense against the person or property of another. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑60) Sec. 110A‑60. Threat made in court. A person who, in the
presence of a court, commits
or threatens to commit an offense against the person or property of another,
may be ordered, without process, to enter into a recognizance to keep the
peace for a period not exceeding 12 months, and in case of
refusal be committed as in other cases. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑65) Sec. 110A‑65. Remitting recognizance. When, upon an action
brought upon a recognizance,
the penalty for the action is adjudged forfeited, the court
may, on the petition of a defendant, remit the portion
of it as the circumstances of the case render just and reasonable. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑70) Sec. 110A‑70. Surrender of principal. The sureties of a person bound to keep
the peace may, at any
time, surrender their principal to the sheriff of the county in which the
principal was bound, under the same rules and regulations governing the
surrender of the principal in other criminal cases. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑75) Sec. 110A‑75. New recognizance. The person so surrendered may
recognize anew, with sufficient sureties, before a court, for the
residue of the time, and shall thereupon be discharged. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/110A‑80) Sec. 110A‑80. Amended complaint. No proceeding to prevent a breach of the peace shall be dismissed on
account of any informality or insufficiency in the complaint, or any process
or proceeding, but the complaint may be amended, by order of the
court, to
conform to the facts in the case. (Source: P.A. 89‑234, eff. 1‑1‑96.)
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