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92_SB1704eng SB1704 Engrossed LRB9211321RCcd 1 AN ACT in relation to 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 Section 107-4 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 11 and the District of Columbia. 12 (2) "Peace Officer" means any peace officer or 13 member of any duly organized State, County, or Municipal 14 peace unit or police force of another State. 15 (3) "Fresh pursuit" means the immediate pursuit of 16 a person who is endeavoring to avoid arrest. 17 (4) "Law enforcement agency" means a municipal 18 police department or county sheriff's office of this 19 State. 20 (a-3) Any peace officer employed by a law enforcement 21 agency of this State may conduct temporary questioning 22 pursuant to Section 107-14 of this Code and may make arrests 23 in any jurisdiction within this State if: (1) the officer is 24 engaged in the investigation of an offense that occurred in 25 the officer's primary jurisdiction and the temporary 26 questioning is conducted or the arrest is made pursuant to 27 that investigation; or (2) the officer, while on duty as a 28 peace officer, becomes personally aware of the immediate 29 commission of a felony or misdemeanor violation of the laws 30 of this State; or (3) the officer, while on duty as a peace 31 officer, is requested by an appropriate State or local law SB1704 Engrossed -2- LRB9211321RCcd 1 enforcement official to render aid or assistance to the 2 requesting law enforcement agency that is outside the 3 officer's primary jurisdiction. While acting pursuant to this 4 subsection, an officer has the same authority as within his 5 or her own jurisdiction. 6 (a-7) The law enforcement agency of the county or 7 municipality in which any arrest is made under this Section 8 shall be immediately notified of the arrest. 9 (b) Any peace officer of another State who enters this 10 State in fresh pursuit and continues within this State in 11 fresh pursuit of a person in order to arrest him on the 12 ground that he has committed an offense in the other State 13 has the same authority to arrest and hold the person in 14 custody as peace officers of this State have to arrest and 15 hold a person in custody on the ground that he has committed 16 an offense in this State. 17 (c) If an arrest is made in this State by a peace 18 officer of another State in accordance with the provisions of 19 this Section he shall without unnecessary delay take the 20 person arrested before the circuit court of the county in 21 which the arrest was made. Such court shall conduct a hearing 22 for the purpose of determining the lawfulness of the arrest. 23 If the court determines that the arrest was lawful it shall 24 commit the person arrested, to await for a reasonable time 25 the issuance of an extradition warrant by the Governor of 26 this State, or admit him to bail for such purpose. If the 27 court determines that the arrest was unlawful it shall 28 discharge the person arrested. 29 (Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)