Public Act 101-0039
 
HB0092 EnrolledLRB101 02986 SLF 47994 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 107-2 as follows:
 



    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)



    Sec. 107-2. Arrest by Peace Officer. 
    (1) A peace officer may
arrest a person when:

        (a) He has a warrant commanding that such person be 
    arrested; or

        (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

        (c) He has reasonable grounds to believe that the 
    person is committing
or has committed an offense.

    (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.

    (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.

    (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. 
     
(Source: P.A. 97-333, eff. 8-12-11.)



Effective Date:  6/1/2020