Sen. Jason A. Barickman
Filed: 5/28/2019
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1 | AMENDMENT TO HOUSE BILL 92
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2 | AMENDMENT NO. ______. Amend House Bill 92, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
6 | amended by changing Section 107-2 as follows:
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7 | (725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
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8 | Sec. 107-2. Arrest by Peace Officer. | ||||||
9 | (1) A peace officer may
arrest a person when:
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10 | (a) He has a warrant commanding that such person be | ||||||
11 | arrested; or
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12 | (b) He has reasonable grounds to believe that a warrant | ||||||
13 | for the person's
arrest has been issued in this State or in | ||||||
14 | another jurisdiction; or
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15 | (c) He has reasonable grounds to believe that the | ||||||
16 | person is committing
or has committed an offense.
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1 | (2) Whenever a peace officer arrests a person, the officer | ||||||
2 | shall question
the arrestee as to whether he or she has any | ||||||
3 | children under the age of 18
living with him or her who may be | ||||||
4 | neglected as a result of the arrest or
otherwise. The peace | ||||||
5 | officer shall assist the arrestee in the placement of
the | ||||||
6 | children with a relative or other responsible person designated | ||||||
7 | by the
arrestee. If the peace officer has reasonable cause to | ||||||
8 | believe that a child
may be a neglected child as defined in the | ||||||
9 | Abused and Neglected Child
Reporting Act, he shall report it | ||||||
10 | immediately to the Department of Children
and Family Services | ||||||
11 | as provided in that Act.
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12 | (3) A peace officer who executes a warrant of arrest in | ||||||
13 | good faith
beyond the geographical limitation of the warrant | ||||||
14 | shall not be liable for
false arrest.
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15 | (4) Whenever a peace officer is aware of a warrant of | ||||||
16 | arrest issued by a circuit court of this State for a person and | ||||||
17 | the peace officer has contact with the person because the | ||||||
18 | person is requesting or receiving emergency medical assistance | ||||||
19 | or medical forensic services for sexual assault at a medical | ||||||
20 | facility, if the warrant of arrest is not for a forcible felony | ||||||
21 | as defined in Section 2-8 of the Criminal Code of 2012, a | ||||||
22 | violent crime as defined in subsection (c) of Section 3 of the | ||||||
23 | Rights of Crime Victims and Witnesses Act, or an alleged | ||||||
24 | violation of parole or mandatory supervised release, the peace | ||||||
25 | officer shall contact the prosecuting authority of the | ||||||
26 | jurisdiction issuing the warrant, or if that prosecutor is not |
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1 | available, the prosecuting authority for the jurisdiction that | ||||||
2 | covers the medical facility to request waiver of the prompt | ||||||
3 | execution of the warrant. The prosecuting authority may secure | ||||||
4 | a court order waiving the immediate execution of the warrant | ||||||
5 | and provide a copy to the peace officer. As used in this | ||||||
6 | subsection (4), "sexual assault" means an act of sexual conduct | ||||||
7 | or sexual penetration defined in Section 11-0.1 of the Criminal | ||||||
8 | Code of 2012, including without limitation, acts prohibited | ||||||
9 | under Sections 11-1.20 through 11-1.60 of the Criminal Code of | ||||||
10 | 2012. | ||||||
11 | (4.5) Whenever a peace officer has a warrant of arrest for | ||||||
12 | a person, subject to the same limitations described in | ||||||
13 | subsection (4), and the peace officer has contact with the | ||||||
14 | person because the person reported that he or she was sexually | ||||||
15 | assaulted within the past 7 days, in addition to informing the | ||||||
16 | person of his or her right to seek free medical attention and | ||||||
17 | evidence collection and providing the written notice required | ||||||
18 | by Section 25 of the Sexual Assault Incident Procedure Act, the | ||||||
19 | officer shall also notify the person that if he or she chooses | ||||||
20 | to go to a medical facility to seek any of those services, then | ||||||
21 | the officer shall inform the prosecuting authority to request | ||||||
22 | waiver of the prompt execution of the warrant. | ||||||
23 | | ||||||
24 | (Source: P.A. 97-333, eff. 8-12-11.)".
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