Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and |
| the District of Columbia.
|
|
(2) "Peace Officer" means any peace officer or member
|
| of any duly organized State, County, or Municipal peace unit, any police force of another State, the United States Department of Defense, or any police force whose members, by statute, are granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.
|
|
(3) "Fresh pursuit" means the immediate pursuit of a
|
| person who is endeavoring to avoid arrest.
|
|
(4) "Law enforcement agency" means a municipal police
|
| department or county sheriff's office of this State.
|
|
(a-3) Any peace officer employed by a law enforcement agency of this State
may conduct temporary questioning pursuant to Section 107-14 of this Code and
may make arrests in any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that occurred in the officer's
primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate commission of a felony
or misdemeanor violation of the laws of this State; or (3) if
the officer, while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render aid or
assistance to the requesting law enforcement agency that is outside the
officer's primary jurisdiction; or (4) in accordance with Section 2605-580 of the Illinois State Police Law of the
Civil Administrative Code of Illinois. While acting pursuant to this subsection, an
officer has the same authority as within his or her
own jurisdiction.
(a-7) The law enforcement agency of the county or municipality in which any
arrest is made under this Section shall be immediately notified of the
arrest.
(b) Any peace officer of another State who enters this State in
fresh
pursuit and continues within this State in fresh pursuit of a person in
order to arrest him on the ground that he has committed an offense in the
other State has the same authority to arrest and hold the person in custody
as peace officers of this State have to arrest and hold a person in custody
on the ground that he has committed an offense in this State.
(c) If an arrest is made in this State by a peace officer of
another
State in accordance with the provisions of this Section he shall without
unnecessary delay take the person arrested before the circuit court of the
county in which the arrest was made. Such court shall conduct a hearing for
the purpose of determining the lawfulness of the arrest. If the court
determines that the arrest was lawful it shall commit the person arrested,
to await for a reasonable time the issuance of an extradition warrant by
the Governor of this State, or admit him to pretrial release for such purpose. If the
court determines that the arrest was unlawful it shall discharge the person
arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
