Bill Text: IL SB1852 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Code of Criminal Procedure of 1963. Allows a peace officer to conduct temporary questioning or make an arrest outside of his or her jurisdiction, if the officer while on duty becomes aware (rather than current requirement of personally aware) of the immediate commission of a felony or misdemeanor violation of the laws of this State.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0576 [SB1852 Detail]
Download: Illinois-2013-SB1852-Chaptered.html
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| Public Act 098-0576 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 107-4 as follows:
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(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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Sec. 107-4. Arrest by peace officer from other | ||||
jurisdiction.
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(a) As used in this Section:
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(1) "State" means any State of the United States and | ||||
the District of
Columbia.
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(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.
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(3) "Fresh pursuit" means the immediate pursuit of a | ||||
person who is
endeavoring to avoid arrest.
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(4) "Law enforcement agency" means a municipal police | ||||
department or
county
sheriff's office of this State.
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(a-3) Any peace officer employed by a law enforcement | ||||
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 an offense that | ||
occurred in the officer's
primary jurisdiction and the | ||
temporary questioning or arrest relates to, arises from, or is | ||
conducted or the arrest
is made 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
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officer has the same authority as within his or her
own | ||
jurisdiction.
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(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.
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(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 | ||
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.
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(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.
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(Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07; | ||
95-750, eff. 7-23-08; 95-1007, eff. 12-15-08.)
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