Sen. Jason A. Barickman
Filed: 5/6/2019
 
 

 

 

 
10100HB0092sam001LRB101 02986 RLC 60272 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 and the peace officer has contact with the person 
16because the person is requesting or receiving emergency medical 
17assistance or medical forensic
services for sexual assault at a 
18medical facility, if the warrant of arrest is not for a 
19forcible felony as defined in Section 2-8 of the Criminal Code 
20of 2012
or a violent crime as defined in subsection (c) of 
21Section 3 of the Rights of Crime Victims and Witnesses
Act, the 
22peace officer shall contact the prosecuting authority of the 
23jurisdiction issuing the warrant, or if
that prosecutor is not 
24available, the prosecuting authority for the jurisdiction that 
25covers the medical
facility to request waiver of the prompt 
26execution of the warrant.  The
prosecuting authority may secure 
 
 
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1a court order waiving the immediate execution of the warrant 
2and provide a copy to the peace officer. In this subsection 
3(4), "sexual assault" means an act of sexual conduct or sexual 
4penetration
defined in Section 11-0.1 of the Criminal Code of 
52012, including without limitation, acts prohibited
under 
6Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. 

7(Source: P.A. 97-333, eff. 8-12-11.)".