Full Text of HB0186 101st General Assembly
HB0186 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0186 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/107-4 | from Ch. 38, par. 107-4 | 725 ILCS 5/107-14 | from Ch. 38, par. 107-14 | 725 ILCS 5/108-1.01 rep. | |
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Amends the Code of Criminal Procedure of 1963. Provides that a peace officer shall not
stop any person in a public place based upon an officer's inference from the circumstances that the person is committing, is about to commit, or has committed an offense as defined in the Code. Eliminates a provision requiring an officer to provide the person with a stop receipt that provides the reason for the stop and contains the officer's name and badge number. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 107-4 and 107-14 as follows:
| 6 | | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| 7 | | Sec. 107-4. Arrest by peace officer from other | 8 | | jurisdiction.
| 9 | | (a) As used in this Section:
| 10 | | (1) "State" means any State of the United States and | 11 | | the District of
Columbia.
| 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.
| 19 | | (3) "Fresh pursuit" means the immediate pursuit of a | 20 | | person who is
endeavoring to avoid arrest.
| 21 | | (4) "Law enforcement agency" means a municipal police | 22 | | department or
county
sheriff's office of this State.
| 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 that occurred in the | 5 | | officer's
primary jurisdiction and the temporary questioning | 6 | | or arrest relates to, arises from, or is conducted pursuant to | 7 | | that investigation; or (2) if the officer, while on duty as a
| 8 | | peace officer, becomes personally aware of the immediate | 9 | | commission of a felony
or misdemeanor violation of the laws of | 10 | | this State; or (3) if
the officer, while on duty as a peace | 11 | | officer, is requested by an
appropriate State or local law | 12 | | enforcement official to render aid or
assistance to the | 13 | | requesting law enforcement agency that is outside the
officer's | 14 | | primary jurisdiction; or (4) in accordance with Section | 15 | | 2605-580 of the Department of State Police Law of the
Civil | 16 | | Administrative Code of Illinois. While acting pursuant to this | 17 | | subsection, an
officer has the same authority as within his or | 18 | | her
own jurisdiction.
| 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.
| 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.
| 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.
| 15 | | (Source: P.A. 98-576, eff. 1-1-14.)
| 16 | | (725 ILCS 5/107-14) (from Ch. 38, par. 107-14)
| 17 | | Sec. 107-14. Temporary questioning without arrest | 18 | | prohibited . A peace officer shall not
stop any person in a | 19 | | public place based upon an officer's inference from the | 20 | | circumstances that the person is committing, is about to | 21 | | commit, or has committed an offense as defined in Section | 22 | | 102-15 of this Code. (a) A peace officer, after having | 23 | | identified himself as a peace officer, may
stop any person in a | 24 | | public place for a reasonable period of time when the
officer | 25 | | reasonably infers from the circumstances that the person is
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| 1 | | committing, is about to commit or has committed an offense as | 2 | | defined in
Section 102-15 of this Code, and may demand the name | 3 | | and address of the
person and an explanation of his actions. | 4 | | Such detention and temporary
questioning will be conducted in | 5 | | the vicinity of where the person was
stopped.
| 6 | | (b) Upon completion of any stop under subsection (a) | 7 | | involving a frisk or search, and unless impractical, | 8 | | impossible, or under exigent circumstances, the officer shall | 9 | | provide the person with a stop receipt which provides the | 10 | | reason for the stop and contains the officer's name and badge | 11 | | number. This subsection (b) does not apply to searches or | 12 | | inspections for compliance with the Fish and Aquatic Life Code, | 13 | | the Wildlife Code, the Herptiles-Herps Act, or searches or | 14 | | inspections for routine security screenings at facilities or | 15 | | events. For the purposes of this subsection (b), "badge" means | 16 | | an officer's department issued identification number | 17 | | associated with his or her position as a police officer with | 18 | | that department. | 19 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 20 | | (725 ILCS 5/108-1.01 rep.) | 21 | | Section 10. The Code of Criminal Procedure of 1963 is | 22 | | amended by repealing Section 108-1.01.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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