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Sen. Terry Link
Filed: 11/12/2008
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LRB095 04145 RLC 53461 a |
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| AMENDMENT TO HOUSE BILL 427
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| AMENDMENT NO. ______. Amend House Bill 427 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| 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 |
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| person who by
virtue of his office or public
employment is |
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| 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 |
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| or is
limited to specific offenses, or (ii) any person who, by |
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| statute, is granted and authorized to exercise powers similar |
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| to those conferred upon any peace officer employed by a law |
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| enforcement agency of this State.
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| For purposes of Sections concerning unlawful use of |
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| weapons,
for the purposes of assisting an Illinois peace |
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LRB095 04145 RLC 53461 a |
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| officer in an arrest, or when
the commission of any offense |
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| under Illinois law is directly observed by the
person, and |
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| statutes involving the false personation of a peace officer, |
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| false personation of a peace officer while carrying a deadly |
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| weapon, and aggravated false personation of a peace officer, |
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| then officers, agents, or employees of the federal government
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| commissioned by
federal statute to make arrests for violations |
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| of federal criminal laws
shall be considered "peace officers" |
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| under this Code, including, but not
limited to all criminal |
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| investigators of:
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| (1) the United States Department of Justice, the |
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| Federal Bureau of
Investigation, the Drug Enforcement |
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| Agency and the Department of
Immigration and |
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| Naturalization;
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| (2) the United States Department of the Treasury, the |
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| Secret Service,
the Bureau of Alcohol, Tobacco and Firearms |
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| 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 |
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| Marshals whose
duties involve the enforcement of federal |
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| criminal laws; and
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| (7) the United States Department of Defense , who have |
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| at least the minimum training prescribed by the Illinois |
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| Law Enforcement Training Standards Board for peace |
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LRB095 04145 RLC 53461 a |
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| 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, |
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| 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 |
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| 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 |
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| 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 |
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| the District of
Columbia.
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| (2) "Peace Officer" means any peace officer or member |
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| of any duly
organized State, County, or Municipal peace |
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| unit, any police force of another
State, the United States |
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| Department of Defense who has at least the minimum training |
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| prescribed by the Illinois Law Enforcement Training |
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| Standards Board for peace officers of units of local |
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| government , or any police force whose members, by statute, |
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| are granted and authorized to exercise powers similar to |
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| those conferred upon any peace officer employed by a law |
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| enforcement agency of this State.
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| (3) "Fresh pursuit" means the immediate pursuit of a |
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| person who is
endeavoring to avoid arrest.
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| (4) "Law enforcement agency" means a municipal police |
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LRB095 04145 RLC 53461 a |
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| department or
county
sheriff's office of this State.
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| (a-3) Any peace officer employed by a law enforcement |
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| agency of this State
may conduct temporary questioning pursuant |
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| to Section 107-14 of this Code and
may make arrests in any |
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| jurisdiction within this State: (1) if the officer is
engaged |
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| in the investigation of an offense that occurred in the |
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| officer's
primary jurisdiction and the temporary questioning |
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| is conducted or the arrest
is made pursuant to that |
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| investigation; or (2) if the officer, while on duty as a
peace |
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| officer, becomes personally aware of the immediate commission |
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| of a felony
or misdemeanor violation of the laws of this State; |
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| or (3) if
the officer, while on duty as a peace officer, is |
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| requested by an
appropriate State or local law enforcement |
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| official to render aid or
assistance to the requesting law |
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| enforcement agency that is outside the
officer's primary |
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| jurisdiction; or (4) in accordance with Section 2605-580 of the |
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| Department of State Police Law of the
Civil Administrative Code |
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| of Illinois. While acting pursuant to this subsection, an
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| officer has the same authority as within his or her
own |
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| jurisdiction.
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| (a-7) The law enforcement agency of the county or |
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| municipality in which any
arrest is made under this Section |
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| shall be immediately notified of the
arrest.
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| (b) Any peace officer of another State who enters this |
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| State in
fresh
pursuit and continues within this State in fresh |
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| pursuit of a person in
order to arrest him on the ground that |
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LRB095 04145 RLC 53461 a |
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| he has committed an offense in the
other State has the same |
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| authority to arrest and hold the person in custody
as peace |
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| officers of this State have to arrest and hold a person in |
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| custody
on the ground that he has committed an offense in this |
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| State.
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| (c) If an arrest is made in this State by a peace officer |
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| of
another
State in accordance with the provisions of this |
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| Section he shall without
unnecessary delay take the person |
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| arrested before the circuit court of the
county in which the |
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| arrest was made. Such court shall conduct a hearing for
the |
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| purpose of determining the lawfulness of the arrest. If the |
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| court
determines that the arrest was lawful it shall commit the |
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| person arrested,
to await for a reasonable time the issuance of |
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| an extradition warrant by
the Governor of this State, or admit |
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| him to bail for such purpose. If the
court determines that the |
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| 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; |
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| 95-750, eff. 7-23-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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