725 ILCS 5/109-3.1
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title III - Proceedings After Arrest

 (from Ch. 38, par. 109-3.1)(Text of Section before amendment by P.A. 101-652)Sec. 109-3.1.     Persons charged with felonies.(a) In any case involving a person charged with a felony in this State,  alleged to have been committed on or after January 1, 1984, the provisions  of this Section shall apply.(b) Every person in custody in this State for the alleged commission of  a felony shall receive either a preliminary examination as provided in Section  109-3 or an indictment by Grand Jury as provided in Section 111-2, within  30 days from the date he or she was taken into custody.  Every person on  bail or recognizance for the alleged commission of a felony shall receive  either a preliminary examination as provided in Section 109-3 or an indictment  by Grand Jury as provided in Section 111-2, within 60 days from the date he  or she was arrested.The provisions of this paragraph shall not apply in the following situations:(1) when delay is occasioned by the defendant; or(2) when the defendant has been indicted by the Grand     Jury on the felony offense for which he or she was initially taken into custody or on an offense arising from the same transaction or conduct of the defendant that was the basis for the felony offense or offenses initially charged; or(3) when a competency examination is ordered by the     court; or(4) when a competency hearing is held; or(5) when an adjudication of incompetency for trial     has been made; or(6) when the case has been continued by the court     under Section 114-4 of this Code after a determination that the defendant is physically incompetent to stand trial.(c) Delay occasioned by the defendant shall temporarily suspend, for the  time of the delay, the period within which the preliminary examination must  be held.  On the day of expiration of the delay the period in question shall  continue at the point at which it was suspended.    (Source: P.A. 83-644.)(Text of Section after amendment by P.A. 101-652)Sec. 109-3.1. Persons charged with felonies.(a) In any case involving a person charged with a felony in this State,  alleged to have been committed on or after January 1, 1984, the provisions  of this Section shall apply.(b) Every person in custody in this State for the alleged commission of  a felony shall receive either a preliminary examination as provided in Section  109-3 or an indictment by Grand Jury as provided in Section 111-2, within  30 days from the date he or she was taken into custody.  Every person on pretrial release   or recognizance for the alleged commission of a felony shall receive  either a preliminary examination as provided in Section 109-3 or an indictment  by Grand Jury as provided in Section 111-2, within 60 days from the date he  or she was arrested.The provisions of this paragraph shall not apply in the following situations:(1) when delay is occasioned by the defendant; or(2) when the defendant has been indicted by the Grand     Jury on the felony offense for which he or she was initially taken into custody or on an offense arising from the same transaction or conduct of the defendant that was the basis for the felony offense or offenses initially charged; or(3) when a competency examination is ordered by the     court; or(4) when a competency hearing is held; or(5) when an adjudication of incompetency for trial     has been made; or(6) when the case has been continued by the court     under Section 114-4 of this Code after a determination that the defendant is physically incompetent to stand trial.(c) Delay occasioned by the defendant shall temporarily suspend, for the  time of the delay, the period within which the preliminary examination must  be held.  On the day of expiration of the delay the period in question shall  continue at the point at which it was suspended.  (Source: P.A. 101-652, eff. 1-1-23.)