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Public Act 101-0039


 

Public Act 0039 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0039
 
HB0092 EnrolledLRB101 02986 SLF 47994 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 107-2 as follows:
 
    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)
    Sec. 107-2. Arrest by Peace Officer.
    (1) A peace officer may arrest a person when:
        (a) He has a warrant commanding that such person be
    arrested; or
        (b) He has reasonable grounds to believe that a warrant
    for the person's arrest has been issued in this State or in
    another jurisdiction; or
        (c) He has reasonable grounds to believe that the
    person is committing or has committed an offense.
    (2) Whenever a peace officer arrests a person, the officer
shall question the arrestee as to whether he or she has any
children under the age of 18 living with him or her who may be
neglected as a result of the arrest or otherwise. The peace
officer shall assist the arrestee in the placement of the
children with a relative or other responsible person designated
by the arrestee. If the peace officer has reasonable cause to
believe that a child may be a neglected child as defined in the
Abused and Neglected Child Reporting Act, he shall report it
immediately to the Department of Children and Family Services
as provided in that Act.
    (3) A peace officer who executes a warrant of arrest in
good faith beyond the geographical limitation of the warrant
shall not be liable for false arrest.
    (4) Whenever a peace officer is aware of a warrant of
arrest issued by a circuit court of this State for a person and
the peace officer has contact with the person because the
person is requesting or receiving emergency medical assistance
or medical forensic services for sexual assault at a medical
facility, if the warrant of arrest is not for a forcible felony
as defined in Section 2-8 of the Criminal Code of 2012, a
violent crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act, or an alleged
violation of parole or mandatory supervised release, the peace
officer shall contact the prosecuting authority of the
jurisdiction issuing the warrant, or if that prosecutor is not
available, the prosecuting authority for the jurisdiction that
covers the medical facility to request waiver of the prompt
execution of the warrant. The prosecuting authority may secure
a court order waiving the immediate execution of the warrant
and provide a copy to the peace officer. As used in this
subsection (4), "sexual assault" means an act of sexual conduct
or sexual penetration defined in Section 11-0.1 of the Criminal
Code of 2012, including without limitation, acts prohibited
under Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
    (4.5) Whenever a peace officer has a warrant of arrest for
a person, subject to the same limitations described in
subsection (4), and the peace officer has contact with the
person because the person reported that he or she was sexually
assaulted within the past 7 days, in addition to informing the
person of his or her right to seek free medical attention and
evidence collection and providing the written notice required
by Section 25 of the Sexual Assault Incident Procedure Act, the
officer shall also notify the person that if he or she chooses
to go to a medical facility to seek any of those services, then
the officer shall inform the prosecuting authority to request
waiver of the prompt execution of the warrant.
    
(Source: P.A. 97-333, eff. 8-12-11.)

Effective Date: 6/1/2020