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Public Act 91-0319
HB1896 Enrolled LRB9102917RCks
AN ACT in relation to law enforcement officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 7-4-8 as follows:
(65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
Sec. 7-4-8. The police of any municipality in such a
police district have full authority and power as peace
officers and may go into any part of the district to exercise
that authority and power suppress a riot, to preserve the
peace, and to protect the lives, rights, and property of
citizens. For these purposes the mayor of any municipality in
the district, and the chiefs of police therein, shall use the
police forces under their control anywhere in the district.
(Source: Laws 1961, p. 576.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 107-4 as follows:
(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 or police force of another 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 if: (1) the officer is
engaged in the investigation of an offense that occurred in
the officer's primary jurisdiction and the temporary
questioning is conducted or the arrest is made pursuant to
that investigation; or (2) 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. 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 bail for such purpose. If the
court determines that the arrest was unlawful it shall
discharge the person arrested.
(Source: Laws 1963, p. 2836.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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