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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 criminal activity an offense that |
5 | | occurred in the officer's
primary jurisdiction and the |
6 | | temporary questioning or arrest relates to, arises from, or is |
7 | | conducted or the arrest
is made pursuant to that investigation; |
8 | | or (2) if the officer, while on duty as a
peace officer, |
9 | | becomes personally aware of the immediate commission of a |
10 | | felony
or misdemeanor violation of the laws of this State; or |
11 | | (3) if
the officer, while on duty as a peace officer, is |
12 | | requested by an
appropriate State or local law enforcement |
13 | | official to render aid or
assistance to the requesting law |
14 | | enforcement agency that is outside the
officer's primary |
15 | | jurisdiction; or (4) in accordance with Section 2605-580 of the |
16 | | Department of State Police Law of the
Civil Administrative Code |
17 | | of Illinois. While acting pursuant to this subsection, an
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18 | | officer has the same authority as within his or her
own |
19 | | jurisdiction.
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20 | | (a-7) The law enforcement agency of the county or |
21 | | municipality in which any
arrest is made under this Section |
22 | | shall be immediately notified of the
arrest.
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23 | | (b) Any peace officer of another State who enters this |
24 | | State in
fresh
pursuit and continues within this State in fresh |
25 | | pursuit of a person in
order to arrest him on the ground that |
26 | | he has committed an offense in the
other State has the same |
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1 | | authority to arrest and hold the person in custody
as peace |
2 | | officers of this State have to arrest and hold a person in |
3 | | custody
on the ground that he has committed an offense in this |
4 | | State.
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5 | | (c) If an arrest is made in this State by a peace officer |
6 | | of
another
State in accordance with the provisions of this |
7 | | Section he shall without
unnecessary delay take the person |
8 | | arrested before the circuit court of the
county in which the |
9 | | arrest was made. Such court shall conduct a hearing for
the |
10 | | purpose of determining the lawfulness of the arrest. If the |
11 | | court
determines that the arrest was lawful it shall commit the |
12 | | person arrested,
to await for a reasonable time the issuance of |
13 | | an extradition warrant by
the Governor of this State, or admit |
14 | | him to bail for such purpose. If the
court determines that the |
15 | | arrest was unlawful it shall discharge the person
arrested.
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16 | | (Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07; |
17 | | 95-750, eff. 7-23-08; 95-1007, eff. 12-15-08.)
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