Full Text of SB2051 095th General Assembly
SB2051enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| 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 | 8 |
| person who by
virtue of his office or public
employment is | 9 |
| 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 | 11 |
| or is
limited to specific offenses, or (ii) any person who, by | 12 |
| statute, is granted and authorized to exercise powers similar | 13 |
| to those conferred upon any peace officer employed by a law | 14 |
| enforcement agency of this State.
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| For purposes of Sections concerning unlawful use of | 16 |
| weapons,
for the purposes of assisting an Illinois peace | 17 |
| officer in an arrest, or when
the commission of any offense | 18 |
| under Illinois law is directly observed by the
person, and | 19 |
| statutes involving the false personation of a peace officer, | 20 |
| false personation of a peace officer while carrying a deadly | 21 |
| weapon, and aggravated false personation of a peace officer, | 22 |
| 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" | 2 |
| under this Code, including, but not
limited to all criminal | 3 |
| investigators of:
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| (1) the United States Department of Justice, the | 5 |
| Federal Bureau of
Investigation, the Drug Enforcement | 6 |
| Agency and the Department of
Immigration and | 7 |
| Naturalization;
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| (2) the United States Department of the Treasury, the | 9 |
| Secret Service,
the Bureau of Alcohol, Tobacco and Firearms | 10 |
| 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; and
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| (6) all United States Marshals or Deputy United States | 15 |
| Marshals whose
duties involve the enforcement of federal | 16 |
| criminal laws ; and .
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| (7) the United States Department of Defense, who have | 18 |
| at least the minimum training prescribed by the Illinois | 19 |
| Law Enforcement Training Standards Board for peace | 20 |
| 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, | 22 |
| eff. 1-1-08; 95-331, eff. 8-21-07.)
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| Section 10. The Code of Criminal Procedure of 1963 is | 24 |
| 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 | 3 |
| 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 | 6 |
| the District of
Columbia.
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| (2) "Peace Officer" means any peace officer or member | 8 |
| of any duly
organized State, County, or Municipal peace | 9 |
| unit, any police force of another
State, the United States | 10 |
| Department of Defense who has at least the minimum training | 11 |
| prescribed by the Illinois Law Enforcement Training | 12 |
| Standards Board for peace officers of units of local | 13 |
| government, or any police force whose members, by statute, | 14 |
| are granted and authorized to exercise powers similar to | 15 |
| those conferred upon any peace officer employed by a law | 16 |
| enforcement agency of this State.
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| (3) "Fresh pursuit" means the immediate pursuit of a | 18 |
| person who is
endeavoring to avoid arrest.
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| (4) "Law enforcement agency" means a municipal police | 20 |
| department or
county
sheriff's office of this State.
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| (a-3) Any peace officer employed by a law enforcement | 22 |
| agency of this State
may conduct temporary questioning pursuant | 23 |
| to Section 107-14 of this Code and
may make arrests in any | 24 |
| jurisdiction within this State: (1) if the officer is
engaged | 25 |
| in the investigation of an offense that occurred in the | 26 |
| officer's
primary jurisdiction and the temporary questioning |
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| is conducted or the arrest
is made pursuant to that | 2 |
| investigation; or (2) if the officer, while on duty as a
peace | 3 |
| officer, becomes personally aware of the immediate commission | 4 |
| of a felony
or misdemeanor violation of the laws of this State; | 5 |
| or (3) if
the officer, while on duty as a peace officer, is | 6 |
| requested by an
appropriate State or local law enforcement | 7 |
| official to render aid or
assistance to the requesting law | 8 |
| enforcement agency that is outside the
officer's primary | 9 |
| jurisdiction; or (4) in accordance with Section 2605-580 of the | 10 |
| Department of State Police Law of the
Civil Administrative Code | 11 |
| of Illinois. While acting pursuant to this subsection, an
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| officer has the same authority as within his or her
own | 13 |
| jurisdiction.
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| (a-7) The law enforcement agency of the county or | 15 |
| municipality in which any
arrest is made under this Section | 16 |
| shall be immediately notified of the
arrest.
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| (b) Any peace officer of another State who enters this | 18 |
| State in
fresh
pursuit and continues within this State in fresh | 19 |
| pursuit of a person in
order to arrest him on the ground that | 20 |
| he has committed an offense in the
other State has the same | 21 |
| authority to arrest and hold the person in custody
as peace | 22 |
| officers of this State have to arrest and hold a person in | 23 |
| custody
on the ground that he has committed an offense in this | 24 |
| State.
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| (c) If an arrest is made in this State by a peace officer | 26 |
| of
another
State in accordance with the provisions of this |
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| Section he shall without
unnecessary delay take the person | 2 |
| arrested before the circuit court of the
county in which the | 3 |
| arrest was made. Such court shall conduct a hearing for
the | 4 |
| purpose of determining the lawfulness of the arrest. If the | 5 |
| court
determines that the arrest was lawful it shall commit the | 6 |
| person arrested,
to await for a reasonable time the issuance of | 7 |
| an extradition warrant by
the Governor of this State, or admit | 8 |
| him to bail for such purpose. If the
court determines that the | 9 |
| 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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| Section 99. Effective date. This Act takes effect July 1, | 12 |
| 2008.
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