HB0092 EngrossedLRB101 02986 SLF 47994 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 107-2 as follows:
 
6    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)
7    Sec. 107-2. Arrest by Peace Officer.
8    (1) A peace officer may arrest a person when:
9        (a) He has a warrant commanding that such person be
10    arrested; or
11        (b) He has reasonable grounds to believe that a warrant
12    for the person's arrest has been issued in this State or in
13    another jurisdiction; or
14        (c) He has reasonable grounds to believe that the
15    person is committing or has committed an offense.
16    (2) Whenever a peace officer arrests a person, the officer
17shall question the arrestee as to whether he or she has any
18children under the age of 18 living with him or her who may be
19neglected as a result of the arrest or otherwise. The peace
20officer shall assist the arrestee in the placement of the
21children with a relative or other responsible person designated
22by the arrestee. If the peace officer has reasonable cause to
23believe that a child may be a neglected child as defined in the

 

 

HB0092 Engrossed- 2 -LRB101 02986 SLF 47994 b

1Abused and Neglected Child Reporting Act, he shall report it
2immediately to the Department of Children and Family Services
3as provided in that Act.
4    (3) A peace officer who executes a warrant of arrest in
5good faith beyond the geographical limitation of the warrant
6shall not be liable for false arrest.
7    (4) Whenever a peace officer has a warrant of arrest for
8the person or has reasonable grounds to believe that a warrant
9for the person's arrest has been issued and the peace officer
10has contact with the person because the person:
11        (a) reported that he or she is a victim of sexual
12    assault; or
13        (b) requested or received emergency medical assistance
14    or medical forensic services for sexual assault;
15    if the warrant of arrest is not for a forcible felony as
16defined in Section 2-8 of the Criminal Code of 2012 or a
17violent crime as defined in subsection (c) of Section 3 of the
18Rights of Crime Victims and Witnesses Act, the peace officer
19shall not arrest the person but shall issue a notice to appear
20to the person. In this subsection (4), "sexual assault" means
21an act of sexual conduct or sexual penetration defined in
22Section 11-0.1 of the Criminal Code of 2012, including without
23limitation, acts prohibited under Sections 11-1.20 through
2411-1.60 of the Criminal Code of 2012.
25(Source: P.A. 97-333, eff. 8-12-11.)