Rep. Yehiel M. Kalish

Filed: 4/2/2019

 

 


 

 


 
10100HB0092ham002LRB101 02986 SLF 59004 a

1
AMENDMENT TO HOUSE BILL 92

2    AMENDMENT NO. ______. Amend House Bill 92 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10100HB0092ham002- 2 -LRB101 02986 SLF 59004 a

1shall question the arrestee as to whether he or she has any
2children under the age of 18 living with him or her who may be
3neglected as a result of the arrest or otherwise. The peace
4officer shall assist the arrestee in the placement of the
5children with a relative or other responsible person designated
6by the arrestee. If the peace officer has reasonable cause to
7believe that a child may be a neglected child as defined in the
8Abused and Neglected Child Reporting Act, he shall report it
9immediately to the Department of Children and Family Services
10as provided in that Act.
11    (3) A peace officer who executes a warrant of arrest in
12good faith beyond the geographical limitation of the warrant
13shall not be liable for false arrest.
14    (4) Whenever a peace officer has a warrant of arrest for
15the person or has reasonable grounds to believe that a warrant
16for the person's arrest has been issued and the peace officer
17has contact with the person because the person:
18        (a) reported that he or she is a victim of sexual
19    assault; or
20        (b) requested or received emergency medical assistance
21    or medical forensic services for sexual assault;
22    if the warrant of arrest is not for a forcible felony as
23defined in Section 2-8 of the Criminal Code of 2012 or a
24violent crime as defined in subsection (c) of Section 3 of the
25Rights of Crime Victims and Witnesses Act, the peace officer
26shall not arrest the person but shall issue a notice to appear

 

 

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1to the person. In this subsection (4), "sexual assault" means
2an act of sexual conduct or sexual penetration defined in
3Section 11-0.1 of the Criminal Code of 2012, including without
4limitation, acts prohibited under Sections 11-1.20 through
511-1.60 of the Criminal Code of 2012.
6(Source: P.A. 97-333, eff. 8-12-11.)".