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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 107-4 as follows:
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6 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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7 | Sec. 107-4. Arrest by peace officer from other | ||||||
8 | jurisdiction.
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9 | (a) As used in this Section:
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10 | (1) "State" means any State of the United States and | ||||||
11 | the District of
Columbia.
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12 | (2) "Peace Officer" means any peace officer or member | ||||||
13 | of any duly
organized State, County, or Municipal peace | ||||||
14 | unit, any police force of another
State, the United States | ||||||
15 | Department of Defense, or any police force whose members, | ||||||
16 | by statute, are granted and authorized to exercise powers | ||||||
17 | similar to those conferred upon any peace officer employed | ||||||
18 | by a law enforcement agency of this State.
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19 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
20 | person who is
endeavoring to avoid arrest.
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21 | (4) "Law enforcement agency" means a municipal police | ||||||
22 | department or
county
sheriff's office of this State.
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23 | (a-3) Any peace officer employed by a law enforcement |
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1 | agency of this State
may conduct temporary questioning pursuant | ||||||
2 | to Section 107-14 of this Code and
may make arrests in any | ||||||
3 | jurisdiction within this State: (1) if the officer is
engaged | ||||||
4 | in the investigation of an offense that occurred in the | ||||||
5 | officer's
primary jurisdiction and the temporary questioning | ||||||
6 | is conducted or the arrest
is made pursuant to that | ||||||
7 | investigation; or (2) if the officer, while on duty as a
peace | ||||||
8 | officer, becomes personally aware of the immediate commission | ||||||
9 | of a felony
or misdemeanor violation of the laws of this State; | ||||||
10 | or (3) if
the officer, while on duty as a peace officer, is | ||||||
11 | requested by an
appropriate State or local law enforcement | ||||||
12 | official to render aid or
assistance to the requesting law | ||||||
13 | enforcement agency that is outside the
officer's primary | ||||||
14 | jurisdiction; or (4) in accordance with Section 2605-580 of the | ||||||
15 | Department of State Police Law of the
Civil Administrative Code | ||||||
16 | of Illinois. While acting pursuant to this subsection, an
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17 | officer has the same authority as within his or her
own | ||||||
18 | jurisdiction.
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19 | (a-7) The law enforcement agency of the county or | ||||||
20 | municipality in which any
arrest is made under this Section | ||||||
21 | shall be immediately notified of the
arrest.
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22 | (b) Any peace officer of another State who enters this | ||||||
23 | State in
fresh
pursuit and continues within this State in fresh | ||||||
24 | pursuit of a person in
order to arrest him on the ground that | ||||||
25 | he has committed an offense in the
other State has the same | ||||||
26 | authority to arrest and hold the person in custody
as peace |
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1 | officers of this State have to arrest and hold a person in | ||||||
2 | custody
on the ground that he has committed an offense in this | ||||||
3 | State.
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4 | (c) If an arrest is made in this State by a peace officer | ||||||
5 | of
another
State in accordance with the provisions of this | ||||||
6 | Section he shall without
unnecessary delay take the person | ||||||
7 | arrested before the circuit court of the
county in which the | ||||||
8 | arrest was made. Such court shall conduct a hearing for
the | ||||||
9 | purpose of determining the lawfulness of the arrest. If the | ||||||
10 | court
determines that the arrest was lawful it shall commit the | ||||||
11 | person arrested,
to await for a reasonable time the issuance of | ||||||
12 | an extradition warrant by
the Governor of this State, or admit | ||||||
13 | him to bail for such purpose. If the
court determines that the | ||||||
14 | arrest was unlawful it shall discharge the person
arrested.
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15 | (Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07; | ||||||
16 | 95-750, eff. 7-23-08; 95-1007, eff. 12-15-08.)
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