Public Act 0576 98TH GENERAL ASSEMBLY
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Public Act 098-0576
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| SB1852 Enrolled | LRB098 04173 MRW 34196 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 107-4 as follows:
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(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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Sec. 107-4. Arrest by peace officer from other |
jurisdiction.
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(a) As used in this Section:
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(1) "State" means any State of the United States and |
the District of
Columbia.
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(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.
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(3) "Fresh pursuit" means the immediate pursuit of a |
person who is
endeavoring to avoid arrest.
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(4) "Law enforcement agency" means a municipal police |
department or
county
sheriff's office of this State.
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(a-3) Any peace officer employed by a law enforcement |
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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 an offense that |
occurred in the officer's
primary jurisdiction and the |
temporary questioning or arrest relates to, arises from, or is |
conducted or the arrest
is made 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 |
Department of State Police Law of the
Civil Administrative Code |
of Illinois. While acting pursuant to this subsection, an
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officer has the same authority as within his or her
own |
jurisdiction.
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(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.
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(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 |
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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.
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(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.
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(Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07; |
95-750, eff. 7-23-08; 95-1007, eff. 12-15-08.)
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