HB0092 EnrolledLRB101 02986 SLF 47994 b



1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by changing Section 107-2 as follows:
 



6    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)



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

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

11        (b) He has reasonable grounds to believe that a warrant 
12    for the person's
arrest has been issued in this State or in 
13    another jurisdiction; or

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

16    (2) Whenever a peace officer arrests a person, the officer 
17shall question
the arrestee as to whether he or she has any 
18children under the age of 18
living with him or her who may be 
19neglected as a result of the arrest or
otherwise.  The peace 
20officer shall assist the arrestee in the placement of
the 
21children with a relative or other responsible person designated 
22by the
arrestee. If the peace officer has reasonable cause to 
23believe that a child
may be a neglected child as defined in the 
 
 
HB0092 Enrolled- 2 -LRB101 02986 SLF 47994 b

1Abused and Neglected Child
Reporting Act, he shall report it 
2immediately to the Department of Children
and Family Services 
3as provided in that Act.

4    (3) A peace officer who executes a warrant of arrest in 
5good faith
beyond the geographical limitation of the warrant 
6shall not be liable for
false arrest.

7    (4) Whenever a peace officer is aware of a warrant of 
8arrest issued by a circuit court of this State for a  person and 
9the peace officer has contact with the person because the 
10person is requesting or receiving emergency medical assistance 
11or medical forensic services for sexual assault at a medical 
12facility, if the warrant of arrest is not for a forcible felony 
13as defined in Section 2-8 of the Criminal Code of 2012, a 
14violent crime as defined in subsection (c) of Section 3 of the 
15Rights of Crime Victims and Witnesses Act, or an alleged 
16violation of parole or mandatory supervised release, the peace 
17officer shall contact the prosecuting authority of the 
18jurisdiction issuing the warrant, or if that prosecutor is not 
19available, the prosecuting authority for the jurisdiction that 
20covers the medical facility to request waiver of the prompt 
21execution of the warrant. The prosecuting authority may secure 
22a court order waiving the immediate execution of the warrant 
23and provide a copy to the peace officer. As used in this 
24subsection (4), "sexual assault" means an act of sexual conduct 
25or sexual penetration defined in Section 11-0.1 of the Criminal 
26Code of 2012, including without limitation, acts prohibited 
 
 
HB0092 Enrolled- 3 -LRB101 02986 SLF 47994 b

1under Sections 11-1.20 through 11-1.60 of the Criminal Code of 
22012.
3    (4.5) Whenever a peace officer has a warrant of arrest for 
4a person, subject to the same limitations described in 
5subsection (4), and the peace officer has contact with the 
6person because the person reported that he or she was sexually 
7assaulted within the past 7 days, in addition to informing the 
8person of his or her right to seek free medical attention and 
9evidence collection and providing the written notice required 
10by Section 25 of the Sexual Assault Incident Procedure Act, the 
11officer shall also notify the person that if he or she chooses 
12to go to a medical facility to seek any of those services, then 
13the officer shall inform the prosecuting authority to request 
14waiver of the prompt execution of the warrant. 
15     
16(Source: P.A. 97-333, eff. 8-12-11.)