Illinois General Assembly - Full Text of Public Act 098-0576

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Public Act 098-0576

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Public Act 0576 98TH GENERAL ASSEMBLY

Public Act 098-0576

SB1852 Enrolled LRB098 04173 MRW 34196 b

    AN ACT concerning criminal law.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 107-4 as follows:

    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
    Sec. 107-4. Arrest by peace officer from other
jurisdiction.
    (a) As used in this Section:
        (1) "State" means any State of the United States and
    the District of Columbia.
        (2) "Peace Officer" means any peace officer or member
    of any duly organized State, County, or Municipal peace
    unit, any police force of another State, the United States
    Department of Defense, or any police force whose members,
    by statute, are granted and authorized to exercise powers
    similar to those conferred upon any peace officer employed
    by a law enforcement agency of this State.
        (3) "Fresh pursuit" means the immediate pursuit of a
    person who is endeavoring to avoid arrest.
        (4) "Law enforcement agency" means a municipal police
    department or county sheriff's office of this State.
    (a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning pursuant
to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State: (1) if the officer is engaged
in the investigation of criminal activity ~~an offense~~ that
occurred in the officer's primary jurisdiction and the
temporary questioning or arrest relates to, arises from, or is
conducted ~~or the arrest is made~~ pursuant to that investigation;
or (2) if the officer, while on duty as a peace officer,
becomes personally aware of the immediate commission of a
felony or misdemeanor violation of the laws of this State; or
(3) if the officer, while on duty as a peace officer, is
requested by an appropriate State or local law enforcement
official to render aid or assistance to the requesting law
enforcement agency that is outside the officer's primary
jurisdiction; or (4) in accordance with Section 2605-580 of the
Department of State Police Law of the Civil Administrative Code
of Illinois. While acting pursuant to this subsection, an
officer has the same authority as within his or her own
jurisdiction.
    (a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
    (b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in
custody on the ground that he has committed an offense in this
State.
    (c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or admit
him to bail for such purpose. If the court determines that the
arrest was unlawful it shall discharge the person arrested.
(Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07;
95-750, eff. 7-23-08; 95-1007, eff. 12-15-08.)

Effective Date: 1/1/2014

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