Bill Text: IL HB0048 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that a peace officer shall not stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit, or has committed an offense as defined in the Code. Eliminates provision requiring an officer to provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-03 - Tabled [HB0048 Detail]

Download: Illinois-2019-HB0048-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0048 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
725 ILCS 5/107-4 from Ch. 38, par. 107-4
725 ILCS 5/107-14 from Ch. 38, par. 107-14
725 ILCS 5/108-1.01 rep.
Amends the Code of Criminal Procedure of 1963. Provides that a peace officer shall not stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit, or has committed an offense as defined in the Code. Eliminates provision requiring an officer to provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. Makes conforming changes. Effective immediately.
LRB101 00247 SLF 45251 b
A BILL FOR
HB0048 LRB101 00247 SLF 45251 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 107-4 and 107-14 as follows:
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement

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agency of this State may conduct temporary questioning pursuant
to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State: (1) if the officer is engaged
in the investigation of criminal activity that occurred in the
officer's primary jurisdiction and the temporary questioning
or arrest relates to, arises from, or is conducted pursuant to
that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws of
this State; or (3) if the officer, while on duty as a peace
officer, is requested by an appropriate State or local law
enforcement official to render aid or assistance to the
requesting law enforcement agency that is outside the officer's
primary jurisdiction; or (4) in accordance with Section
2605-580 of the Department of State Police Law of the Civil
Administrative Code of Illinois. While acting pursuant to this
subsection, an officer has the same authority as within his or
her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace

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officers of this State have to arrest and hold a person in
custody on the ground that he has committed an offense in this
State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or admit
him to bail for such purpose. If the court determines that the
arrest was unlawful it shall discharge the person arrested.
(Source: P.A. 98-576, eff. 1-1-14.)
(725 ILCS 5/107-14) (from Ch. 38, par. 107-14)
Sec. 107-14. Temporary questioning without arrest
prohibited.
(a) A peace officer, after having identified himself as a
peace officer, shall not may stop any person in a public place
for a reasonable period of time when the officer reasonably
infers from the circumstances that the person is committing, is
about to commit, or has committed an offense as defined in
Section 102-15 of this Code, and may demand the name and
address of the person and an explanation of his actions. Such

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detention and temporary questioning will be conducted in the
vicinity of where the person was stopped.
(b) Upon completion of any stop under subsection (a)
involving a frisk or search, and unless impractical,
impossible, or under exigent circumstances, the officer shall
provide the person with a stop receipt which provides the
reason for the stop and contains the officer's name and badge
number. This subsection (b) does not apply to searches or
inspections for compliance with the Fish and Aquatic Life Code,
the Wildlife Code, the Herptiles-Herps Act, or searches or
inspections for routine security screenings at facilities or
events. For the purposes of this subsection (b), "badge" means
an officer's department issued identification number
associated with his or her position as a police officer with
that department.
(Source: P.A. 99-352, eff. 1-1-16.)
(725 ILCS 5/108-1.01 rep.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by repealing Section 108-1.01.
Section 99. Effective date. This Act takes effect upon
becoming law.