Sen. Jason A. Barickman

Filed: 5/28/2019

 

 


 

 


 
10100HB0092sam003LRB101 02986 RLC 61225 a

1
AMENDMENT TO HOUSE BILL 92

2    AMENDMENT NO. ______. Amend House Bill 92, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Code of Criminal Procedure of 1963 is
6amended by changing Section 107-2 as follows:
 
7    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)
8    Sec. 107-2. Arrest by Peace Officer.
9    (1) A peace officer may arrest a person when:
10        (a) He has a warrant commanding that such person be
11    arrested; or
12        (b) He has reasonable grounds to believe that a warrant
13    for the person's arrest has been issued in this State or in
14    another jurisdiction; or
15        (c) He has reasonable grounds to believe that the
16    person is committing or has committed an offense.

 

 

10100HB0092sam003- 2 -LRB101 02986 RLC 61225 a

1    (2) Whenever a peace officer arrests a person, the officer
2shall question the arrestee as to whether he or she has any
3children under the age of 18 living with him or her who may be
4neglected as a result of the arrest or otherwise. The peace
5officer shall assist the arrestee in the placement of the
6children with a relative or other responsible person designated
7by the arrestee. If the peace officer has reasonable cause to
8believe that a child may be a neglected child as defined in the
9Abused and Neglected Child Reporting Act, he shall report it
10immediately to the Department of Children and Family Services
11as provided in that Act.
12    (3) A peace officer who executes a warrant of arrest in
13good faith beyond the geographical limitation of the warrant
14shall not be liable for false arrest.
15    (4) Whenever a peace officer is aware of a warrant of
16arrest issued by a circuit court of this State for a person and
17the peace officer has contact with the person because the
18person is requesting or receiving emergency medical assistance
19or medical forensic services for sexual assault at a medical
20facility, if the warrant of arrest is not for a forcible felony
21as defined in Section 2-8 of the Criminal Code of 2012, a
22violent crime as defined in subsection (c) of Section 3 of the
23Rights of Crime Victims and Witnesses Act, or an alleged
24violation of parole or mandatory supervised release, the peace
25officer shall contact the prosecuting authority of the
26jurisdiction issuing the warrant, or if that prosecutor is not

 

 

10100HB0092sam003- 3 -LRB101 02986 RLC 61225 a

1available, the prosecuting authority for the jurisdiction that
2covers the medical facility to request waiver of the prompt
3execution of the warrant. The prosecuting authority may secure
4a court order waiving the immediate execution of the warrant
5and provide a copy to the peace officer. As used in this
6subsection (4), "sexual assault" means an act of sexual conduct
7or sexual penetration defined in Section 11-0.1 of the Criminal
8Code of 2012, including without limitation, acts prohibited
9under Sections 11-1.20 through 11-1.60 of the Criminal Code of
102012.
11    (4.5) Whenever a peace officer has a warrant of arrest for
12a person, subject to the same limitations described in
13subsection (4), and the peace officer has contact with the
14person because the person reported that he or she was sexually
15assaulted within the past 7 days, in addition to informing the
16person of his or her right to seek free medical attention and
17evidence collection and providing the written notice required
18by Section 25 of the Sexual Assault Incident Procedure Act, the
19officer shall also notify the person that if he or she chooses
20to go to a medical facility to seek any of those services, then
21the officer shall inform the prosecuting authority to request
22waiver of the prompt execution of the warrant.
23    
24(Source: P.A. 97-333, eff. 8-12-11.)".