State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0319

HB1896 Enrolled                                LRB9102917RCks

    AN ACT in relation to law enforcement officers.

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

    Section  5.  The  Illinois  Municipal  Code is amended by
changing Section 7-4-8 as follows:

    (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
    Sec. 7-4-8.  The police of any  municipality  in  such  a
police  district  have  full  authority  and  power  as peace
officers and may go into any part of the district to exercise
that authority and power suppress a  riot,  to  preserve  the
peace,  and  to  protect  the  lives, rights, and property of
citizens. For these purposes the mayor of any municipality in
the district, and the chiefs of police therein, shall use the
police forces under their control anywhere in the district.
(Source: Laws 1961, p. 576.)

    Section 10.  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 or police force of another 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 if: (1) the officer is
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) 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. 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: Laws 1963, p. 2836.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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