HB0092eng 101ST GENERAL ASSEMBLY




 

 
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.)