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Public Act 101-0039 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 107-2 as follows:
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(725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
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Sec. 107-2. Arrest by Peace Officer. | ||||
(1) A peace officer may
arrest a person when:
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(a) He has a warrant commanding that such person be | ||||
arrested; or
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(b) He has reasonable grounds to believe that a warrant | ||||
for the person's
arrest has been issued in this State or in | ||||
another jurisdiction; or
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(c) He has reasonable grounds to believe that the | ||||
person is committing
or has committed an offense.
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(2) Whenever a peace officer arrests a person, the officer | ||||
shall question
the arrestee as to whether he or she has any | ||||
children under the age of 18
living with him or her who may be | ||||
neglected as a result of the arrest or
otherwise. The peace | ||||
officer shall assist the arrestee in the placement of
the | ||||
children with a relative or other responsible person designated | ||||
by the
arrestee. If the peace officer has reasonable cause to | ||||
believe that a child
may be a neglected child as defined in the |
Abused and Neglected Child
Reporting Act, he shall report it | ||
immediately to the Department of Children
and Family Services | ||
as provided in that Act.
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(3) A peace officer who executes a warrant of arrest in | ||
good faith
beyond the geographical limitation of the warrant | ||
shall not be liable for
false arrest.
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(4) Whenever a peace officer is aware of a warrant of | ||
arrest issued by a circuit court of this State for a person and | ||
the peace officer has contact with the person because the | ||
person is requesting or receiving emergency medical assistance | ||
or medical forensic services for sexual assault at a medical | ||
facility, if the warrant of arrest is not for a forcible felony | ||
as defined in Section 2-8 of the Criminal Code of 2012, a | ||
violent crime as defined in subsection (c) of Section 3 of the | ||
Rights of Crime Victims and Witnesses Act, or an alleged | ||
violation of parole or mandatory supervised release, the peace | ||
officer shall contact the prosecuting authority of the | ||
jurisdiction issuing the warrant, or if that prosecutor is not | ||
available, the prosecuting authority for the jurisdiction that | ||
covers the medical facility to request waiver of the prompt | ||
execution of the warrant. The prosecuting authority may secure | ||
a court order waiving the immediate execution of the warrant | ||
and provide a copy to the peace officer. As used in this | ||
subsection (4), "sexual assault" means an act of sexual conduct | ||
or sexual penetration defined in Section 11-0.1 of the Criminal | ||
Code of 2012, including without limitation, acts prohibited |
under Sections 11-1.20 through 11-1.60 of the Criminal Code of | ||
2012. | ||
(4.5) Whenever a peace officer has a warrant of arrest for | ||
a person, subject to the same limitations described in | ||
subsection (4), and the peace officer has contact with the | ||
person because the person reported that he or she was sexually | ||
assaulted within the past 7 days, in addition to informing the | ||
person of his or her right to seek free medical attention and | ||
evidence collection and providing the written notice required | ||
by Section 25 of the Sexual Assault Incident Procedure Act, the | ||
officer shall also notify the person that if he or she chooses | ||
to go to a medical facility to seek any of those services, then | ||
the officer shall inform the prosecuting authority to request | ||
waiver of the prompt execution of the warrant. | ||
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(Source: P.A. 97-333, eff. 8-12-11.)
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