Rep. Yehiel M. Kalish
Filed: 3/12/2019
 
 

 

 

 
10100HB0092ham001LRB101 02986 SLF 56738 a



1
AMENDMENT TO HOUSE BILL 92 




2    AMENDMENT NO. ______. Amend House Bill 92 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 107-2 as follows:
 



6    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)



7    Sec. 107-2. Arrest by Peace Officer. 
8    (1) A peace officer may
arrest a person when:

9        (a) He has a warrant commanding that such person be 
10    arrested; or

11        (b) He has reasonable grounds to believe that a warrant 
12    for the person's
arrest has been issued in this State or in 
13    another jurisdiction; or

14        (c) He has reasonable grounds to believe that the 
15    person is committing
or has committed an offense.

16    (2) Whenever a peace officer arrests a person, the officer 
 
 
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1shall question
the arrestee as to whether he or she has any 
2children under the age of 18
living with him or her who may be 
3neglected as a result of the arrest or
otherwise.  The peace 
4officer shall assist the arrestee in the placement of
the 
5children with a relative or other responsible person designated 
6by the
arrestee. If the peace officer has reasonable cause to 
7believe that a child
may be a neglected child as defined in the 
8Abused and Neglected Child
Reporting Act, he shall report it 
9immediately to the Department of Children
and Family Services 
10as provided in that Act.

11    (3) A peace officer who executes a warrant of arrest in 
12good faith
beyond the geographical limitation of the warrant 
13shall not be liable for
false arrest.

14    (4) Whenever a peace officer has a warrant of arrest for 
15the person or has reasonable grounds to believe that a warrant 
16for the person's arrest has been issued and the peace officer 
17has contact with the person because the person: 
18        (a) reported that he or she is a victim of sexual 
19    assault; or 
20        (b) requested or received emergency medical assistance 
21    or medical forensic services for sexual assault; 
22    if the warrant of arrest is not for a violent crime as 
23defined in subsection (c) of Section 3 of the Rights of Crime 
24Victims and Witnesses Act, the peace officer shall not arrest 
25the person but shall issue a notice to appear to the person. In 
26this subsection (4), "sexual assault" means an act of sexual 
 
 
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1conduct or sexual penetration defined in Section 11-0.1 of the 
2Criminal Code of 2012, including without limitation, acts 
3prohibited under Sections 11-1.20 through 11-1.60 of the 
4Criminal Code of 2012. 
5(Source: P.A. 97-333, eff. 8-12-11.)".