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| Public Act 098-0576 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. 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, 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.
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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: (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
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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 | ||
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. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07; | ||
95-750, eff. 7-23-08; 95-1007, eff. 12-15-08.)
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