Sen. Jason A. Barickman

Filed: 5/6/2019

 

 


 

 


 
10100HB0092sam001LRB101 02986 RLC 60272 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

 

 

10100HB0092sam001- 2 -LRB101 02986 RLC 60272 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 and the peace officer has contact with the person
16because the person is requesting or receiving emergency medical
17assistance or medical forensic services for sexual assault at a
18medical facility, if the warrant of arrest is not for a
19forcible felony as defined in Section 2-8 of the Criminal Code
20of 2012 or a violent crime as defined in subsection (c) of
21Section 3 of the Rights of Crime Victims and Witnesses Act, the
22peace officer shall contact the prosecuting authority of the
23jurisdiction issuing the warrant, or if that prosecutor is not
24available, the prosecuting authority for the jurisdiction that
25covers the medical facility to request waiver of the prompt
26execution of the warrant. The prosecuting authority may secure

 

 

10100HB0092sam001- 3 -LRB101 02986 RLC 60272 a

1a court order waiving the immediate execution of the warrant
2and provide a copy to the peace officer. In this subsection
3(4), "sexual assault" means an act of sexual conduct or sexual
4penetration defined in Section 11-0.1 of the Criminal Code of
52012, including without limitation, acts prohibited under
6Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
7(Source: P.A. 97-333, eff. 8-12-11.)".