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Public Act 095-0423
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| SB1014 Enrolled |
LRB095 05873 RLC 25964 b |
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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 Department of State Police Law of the
Civil |
Administrative Code of Illinois is amended by adding Section |
2605-580 as follows:
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(20 ILCS 2605/2605-580 new) |
Sec. 2605-580. Pilot program; Internet Gang Crime Units. |
(a) The Department of State Police shall establish a pilot |
program from moneys available
under which Internet Gang Crime |
Units shall be created in the Cook County Sheriff's Office, the |
City of Danville Police Department, and the Village of Round |
Lake Heights Police Department. Under the pilot program for the |
operation of Internet Gang Crime Units, 40% shall be allocated |
to the Cook County Sheriff's Office, 30% shall be allocated to |
the City of Danville Police Department, and 30% shall be |
allocated to the Village of Round Lake Heights Police |
Department. |
(b) Under the pilot program, the Internet Gang Crime Units
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shall investigate criminal activities of organized gangs that |
involve the use of the Internet. For the duration of the pilot |
program and in accordance with protocols for |
inter-jurisdictional cooperation established by the Department |
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of State Police, peace officers in each Internet Gang Crime |
Unit shall, notwithstanding any other provision of law, have |
extra-jurisdictional authority to conduct investigations and |
make arrests anywhere in the State of Illinois regarding |
criminal activities of organized gangs that involve the use of |
the Internet. |
(c) Notwithstanding any other provision of law, if any |
criminal statute of this State authorizes the distribution of |
all or a portion of the proceeds realized from property seized |
or forfeited under that statute to participating law |
enforcement agencies or the delivery of property forfeited and
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seized under that statute to participating law enforcement |
agencies, a law enforcement agency in which an Internet Gang |
Crime Unit has been created is eligible to receive such a |
distribution or delivery if that law enforcement agency |
participated through its Internet Gang Crime Unit, regardless |
of the jurisdiction in which the seizure or forfeiture occurs. |
(d) The Cook County Sheriff's Office, the City of Danville |
Police Department, and the Village of Round Lake Heights Police |
Department shall report to the Department of State Police on a |
quarterly basis on the activities of their Internet Gang Crime |
Units in accordance with reporting guidelines established by |
the Department of State Police. The Department of State Police |
shall file a consolidated report on a quarterly basis with the |
General Assembly and the Governor. The Department's
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consolidated report may also contain any evaluations or |
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recommendations that the Department deems appropriate. |
(e) The pilot program shall terminate on July 1, 2010. |
(f) As used in this Section, "organized gang" has the |
meaning ascribed to it in Section 10 of the Illinois Streetgang |
Terrorism Omnibus Prevention Act.
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Section 10. The Code of Criminal Procedure of 1963 is |
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 |
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 |
the District of
Columbia.
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(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, 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.
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(3) "Fresh pursuit" means the immediate pursuit of a |
person who is
endeavoring to avoid arrest.
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(4) "Law enforcement agency" means a municipal police |
department or
county
sheriff's office of this State.
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(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 if: (1) if the officer is
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engaged in the investigation of an offense that occurred in the |
officer's
primary jurisdiction and the temporary questioning |
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
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officer has the same authority as within his or her
own |
jurisdiction.
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(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.
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(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 |
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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.
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(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.
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(Source: P.A. 93-232, eff. 1-1-04; 94-846, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect July 1, |
2007.
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