Sen. Terry Link
Filed: 11/12/2008
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1 | AMENDMENT TO HOUSE BILL 427
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2 | AMENDMENT NO. ______. Amend House Bill 427 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 2-13 as follows:
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6 | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
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7 | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||||||
8 | person who by
virtue of his office or public
employment is | ||||||
9 | vested by law with a duty to maintain public order or to make
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10 | arrests for offenses, whether that duty extends to all offenses | ||||||
11 | or is
limited to specific offenses, or (ii) any person who, by | ||||||
12 | statute, is granted and authorized to exercise powers similar | ||||||
13 | to those conferred upon any peace officer employed by a law | ||||||
14 | enforcement agency of this State.
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15 | For purposes of Sections concerning unlawful use of | ||||||
16 | weapons,
for the purposes of assisting an Illinois peace |
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1 | officer in an arrest, or when
the commission of any offense | ||||||
2 | under Illinois law is directly observed by the
person, and | ||||||
3 | statutes involving the false personation of a peace officer, | ||||||
4 | false personation of a peace officer while carrying a deadly | ||||||
5 | weapon, and aggravated false personation of a peace officer, | ||||||
6 | then officers, agents, or employees of the federal government
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7 | commissioned by
federal statute to make arrests for violations | ||||||
8 | of federal criminal laws
shall be considered "peace officers" | ||||||
9 | under this Code, including, but not
limited to all criminal | ||||||
10 | investigators of:
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11 | (1) the United States Department of Justice, the | ||||||
12 | Federal Bureau of
Investigation, the Drug Enforcement | ||||||
13 | Agency and the Department of
Immigration and | ||||||
14 | Naturalization;
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15 | (2) the United States Department of the Treasury, the | ||||||
16 | Secret Service,
the Bureau of Alcohol, Tobacco and Firearms | ||||||
17 | and the Customs Service;
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18 | (3) the United States Internal Revenue Service;
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19 | (4) the United States General Services Administration;
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20 | (5) the United States Postal Service;
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21 | (6) all United States Marshals or Deputy United States | ||||||
22 | Marshals whose
duties involve the enforcement of federal | ||||||
23 | criminal laws; and
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24 | (7) the United States Department of Defense , who have | ||||||
25 | at least the minimum training prescribed by the Illinois | ||||||
26 | Law Enforcement Training Standards Board for peace |
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1 | officers of units of local government .
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2 | (Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24, | ||||||
3 | eff. 1-1-08; 95-331, eff. 8-21-07; 95-750, eff. 7-23-08.)
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4 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 107-4 as follows:
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6 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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7 | Sec. 107-4. Arrest by peace officer from other | ||||||
8 | jurisdiction.
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9 | (a) As used in this Section:
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10 | (1) "State" means any State of the United States and | ||||||
11 | the District of
Columbia.
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12 | (2) "Peace Officer" means any peace officer or member | ||||||
13 | of any duly
organized State, County, or Municipal peace | ||||||
14 | unit, any police force of another
State, the United States | ||||||
15 | Department of Defense who has at least the minimum training | ||||||
16 | prescribed by the Illinois Law Enforcement Training | ||||||
17 | Standards Board for peace officers of units of local | ||||||
18 | government , or any police force whose members, by statute, | ||||||
19 | are granted and authorized to exercise powers similar to | ||||||
20 | those conferred upon any peace officer employed by a law | ||||||
21 | enforcement agency of this State.
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22 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
23 | person who is
endeavoring to avoid arrest.
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24 | (4) "Law enforcement agency" means a municipal police |
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1 | department or
county
sheriff's office of this State.
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2 | (a-3) Any peace officer employed by a law enforcement | ||||||
3 | agency of this State
may conduct temporary questioning pursuant | ||||||
4 | to Section 107-14 of this Code and
may make arrests in any | ||||||
5 | jurisdiction within this State: (1) if the officer is
engaged | ||||||
6 | in the investigation of an offense that occurred in the | ||||||
7 | officer's
primary jurisdiction and the temporary questioning | ||||||
8 | is conducted or the arrest
is made pursuant to that | ||||||
9 | investigation; or (2) if the officer, while on duty as a
peace | ||||||
10 | officer, becomes personally aware of the immediate commission | ||||||
11 | of a felony
or misdemeanor violation of the laws of this State; | ||||||
12 | or (3) if
the officer, while on duty as a peace officer, is | ||||||
13 | requested by an
appropriate State or local law enforcement | ||||||
14 | official to render aid or
assistance to the requesting law | ||||||
15 | enforcement agency that is outside the
officer's primary | ||||||
16 | jurisdiction; or (4) in accordance with Section 2605-580 of the | ||||||
17 | Department of State Police Law of the
Civil Administrative Code | ||||||
18 | of Illinois. While acting pursuant to this subsection, an
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19 | officer has the same authority as within his or her
own | ||||||
20 | jurisdiction.
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21 | (a-7) The law enforcement agency of the county or | ||||||
22 | municipality in which any
arrest is made under this Section | ||||||
23 | shall be immediately notified of the
arrest.
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24 | (b) Any peace officer of another State who enters this | ||||||
25 | State in
fresh
pursuit and continues within this State in fresh | ||||||
26 | pursuit of a person in
order to arrest him on the ground that |
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1 | he has committed an offense in the
other State has the same | ||||||
2 | authority to arrest and hold the person in custody
as peace | ||||||
3 | officers of this State have to arrest and hold a person in | ||||||
4 | custody
on the ground that he has committed an offense in this | ||||||
5 | State.
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6 | (c) If an arrest is made in this State by a peace officer | ||||||
7 | of
another
State in accordance with the provisions of this | ||||||
8 | Section he shall without
unnecessary delay take the person | ||||||
9 | arrested before the circuit court of the
county in which the | ||||||
10 | arrest was made. Such court shall conduct a hearing for
the | ||||||
11 | purpose of determining the lawfulness of the arrest. If the | ||||||
12 | court
determines that the arrest was lawful it shall commit the | ||||||
13 | person arrested,
to await for a reasonable time the issuance of | ||||||
14 | an extradition warrant by
the Governor of this State, or admit | ||||||
15 | him to bail for such purpose. If the
court determines that the | ||||||
16 | arrest was unlawful it shall discharge the person
arrested.
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17 | (Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07; | ||||||
18 | 95-750, eff. 7-23-08.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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