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90_HB3007
725 ILCS 5/107-2 from Ch. 38, par. 107-2
Amends the Code of Criminal Procedure of 1963. Makes a
stylistic change in Section that relates to the arrest of a
person by a peace officer.
LRB9010300RCks
LRB9010300RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 107-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 107-2 as follows:
7 (725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
8 Sec. 107-2. (1) Arrest by Peace Officer. A peace officer
9 may arrest a person when:
10 (a) He or she has a warrant commanding that such person
11 be arrested; or
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
15 (c) He has reasonable grounds to believe that the person
16 is committing or has committed an offense.
17 (2) Whenever a peace officer arrests a person, the
18 officer shall question the arrestee as to whether he or she
19 has any children under the age of 18 living with him or her
20 who may be neglected as a result of the arrest or otherwise.
21 The peace officer shall assist the arrestee in the placement
22 of the children with a relative or other responsible person
23 designated by the arrestee. If the peace officer has
24 reasonable cause to believe that a child may be a neglected
25 child as defined in the Abused and Neglected Child Reporting
26 Act, he shall report it immediately to the Department of
27 Children and Family Services as provided in that Act.
28 (3) A peace officer who executes a warrant of arrest in
29 good faith beyond the geographical limitation of the warrant
30 shall not be liable for false arrest.
31 (Source: P.A. 86-298.)