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| Public Act 095-1007 |
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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 Criminal Code of 1961 is amended by changing | ||||
Section 2-13 as follows:
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(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
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Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||||
person who by
virtue of his office or public
employment is | ||||
vested by law with a duty to maintain public order or to make
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arrests for offenses, whether that duty extends to all offenses | ||||
or is
limited to specific offenses, or (ii) any person who, by | ||||
statute, is 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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For purposes of Sections concerning unlawful use of | ||||
weapons,
for the purposes of assisting an Illinois peace | ||||
officer in an arrest, or when
the commission of any offense | ||||
under Illinois law is directly observed by the
person, and | ||||
statutes involving the false personation of a peace officer, | ||||
false personation of a peace officer while carrying a deadly | ||||
weapon, and aggravated false personation of a peace officer, | ||||
then officers, agents, or employees of the federal government
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commissioned by
federal statute to make arrests for violations | ||||
of federal criminal laws
shall be considered "peace officers" | ||
under this Code, including, but not
limited to all criminal | ||
investigators of:
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(1) the United States Department of Justice, the | ||
Federal Bureau of
Investigation, the Drug Enforcement | ||
Agency and the Department of
Immigration and | ||
Naturalization;
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(2) the United States Department of the Treasury, the | ||
Secret Service,
the Bureau of Alcohol, Tobacco and Firearms | ||
and the Customs Service;
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(3) the United States Internal Revenue Service;
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(4) the United States General Services Administration;
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(5) the United States Postal Service;
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(6) all United States Marshals or Deputy United States | ||
Marshals whose
duties involve the enforcement of federal | ||
criminal laws; and
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(7) the United States Department of Defense, who have | ||
at least the minimum training prescribed by the Illinois | ||
Law Enforcement Training Standards Board for peace | ||
officers of units of local government.
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(Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24, | ||
eff. 1-1-08; 95-331, eff. 8-21-07; 95-750, eff. 7-23-08.)
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Section 10. 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 who has at least the minimum training | ||
prescribed by the Illinois Law Enforcement Training | ||
Standards Board for peace officers of units of local | ||
government, 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 | ||
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 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) 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 | ||
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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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