Rep. Ed Sullivan Jr.
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 2853
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2 | AMENDMENT NO. ______. Amend House Bill 2853 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-580 as follows: | ||||||
7 | (20 ILCS 2605/2605-580 new) | ||||||
8 | Sec. 2605-580. Pilot program; Internet Gang Crime Units. | ||||||
9 | (a) The Department of State Police shall establish a pilot | ||||||
10 | program
under which Internet Gang Crime Units shall be created | ||||||
11 | in the Cook County Sheriff's Office, the Vermilion County | ||||||
12 | Sheriff's Office, and the Village of Round Lake Heights Police | ||||||
13 | Department. Of the moneys available under the pilot program for | ||||||
14 | the operation of Internet Gang Crime Units, 40% shall be | ||||||
15 | allocated to the Cook County Sheriff's Office, 30% shall be | ||||||
16 | allocated to the Vermilion County Sheriff's Office, and 30% |
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1 | shall be allocated to the Village of Round Lake Heights Police | ||||||
2 | Department. | ||||||
3 | (b) Under the pilot program, the Internet Gang Crime Units
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4 | shall investigate criminal activities of organized gangs that | ||||||
5 | involve the use of the Internet. For the duration of the pilot | ||||||
6 | program and in accordance with protocols for | ||||||
7 | inter-jurisdictional cooperation established by the Department | ||||||
8 | of State Police, peace officers in each Internet Gang Crime | ||||||
9 | Unit shall, notwithstanding any other provision of law, have | ||||||
10 | extra-jurisdictional authority to conduct investigations and | ||||||
11 | make arrests anywhere in the State of Illinois regarding | ||||||
12 | criminal activities of organized gangs that involve the use of | ||||||
13 | the Internet. | ||||||
14 | (c) Notwithstanding any other provision of law, if any | ||||||
15 | criminal statute of this State authorizes the distribution of | ||||||
16 | all or a portion of the proceeds realized from property seized | ||||||
17 | or forfeited under that statute to participating law | ||||||
18 | enforcement agencies or the delivery of property forfeited and
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19 | seized under that statute to participating law enforcement | ||||||
20 | agencies, a law enforcement agency in which an Internet Gang | ||||||
21 | Crime Unit has been created is eligible to receive such a | ||||||
22 | distribution or delivery if that law enforcement agency | ||||||
23 | participated through its Internet Gang Crime Unit, regardless | ||||||
24 | of the jurisdiction in which the seizure or forfeiture occurs. | ||||||
25 | (d) The Cook County Sheriff's Office, the Vermilion County | ||||||
26 | Sheriff's Office, and the Village of Round Lake Heights Police |
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1 | Department shall report to the Department of State Police on a | ||||||
2 | quarterly basis on the activities of their Internet Gang Crime | ||||||
3 | Units in accordance with reporting guidelines established by | ||||||
4 | the Department of State Police. The Department of State Police | ||||||
5 | shall file a consolidated report on a quarterly basis with the | ||||||
6 | General Assembly and the Governor. The Department's
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7 | consolidated report may also contain any evaluations or | ||||||
8 | recommendations that the Department deems appropriate. | ||||||
9 | (e) The pilot program shall terminate on July 1, 2010. | ||||||
10 | (f) As used in this Section, "organized gang" has the | ||||||
11 | meaning ascribed to it in Section 10 of the Illinois Streetgang | ||||||
12 | Terrorism Omnibus Prevention Act. | ||||||
13 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
14 | amended by changing Section 107-4 as follows:
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15 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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16 | Sec. 107-4. Arrest by peace officer from other | ||||||
17 | jurisdiction.
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18 | (a) As used in this Section:
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19 | (1) "State" means any State of the United States and | ||||||
20 | the District of
Columbia.
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21 | (2) "Peace Officer" means any peace officer or member | ||||||
22 | of any duly
organized State, County, or Municipal peace | ||||||
23 | unit, any police force of another
State, or any police | ||||||
24 | force whose members, by statute, are granted and authorized |
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1 | to exercise powers similar to those conferred upon any | ||||||
2 | peace officer employed by a law enforcement agency of this | ||||||
3 | State.
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4 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
5 | person who is
endeavoring to avoid arrest.
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6 | (4) "Law enforcement agency" means a municipal police | ||||||
7 | department or
county
sheriff's office of this State.
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8 | (a-3) Any peace officer employed by a law enforcement | ||||||
9 | agency of this State
may conduct temporary questioning pursuant | ||||||
10 | to Section 107-14 of this Code and
may make arrests in any | ||||||
11 | jurisdiction within this State if : (1) if the officer is
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12 | engaged in the investigation of an offense that occurred in the | ||||||
13 | officer's
primary jurisdiction and the temporary questioning | ||||||
14 | is conducted or the arrest
is made pursuant to that | ||||||
15 | investigation; or (2) if the officer, while on duty as a
peace | ||||||
16 | officer, becomes personally aware of the immediate commission | ||||||
17 | of a felony
or misdemeanor violation of the laws of this State; | ||||||
18 | or (3) if
the officer, while on duty as a peace officer, is | ||||||
19 | requested by an
appropriate State or local law enforcement | ||||||
20 | official to render aid or
assistance to the requesting law | ||||||
21 | enforcement agency that is outside the
officer's primary | ||||||
22 | jurisdiction ; or (4) in accordance with Section 2605-580 of the | ||||||
23 | Department of State Police Law of the
Civil Administrative Code | ||||||
24 | of Illinois . While acting pursuant to this subsection, an
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25 | officer has the same authority as within his or her
own | ||||||
26 | jurisdiction.
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1 | (a-7) The law enforcement agency of the county or | ||||||
2 | municipality in which any
arrest is made under this Section | ||||||
3 | shall be immediately notified of the
arrest.
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4 | (b) Any peace officer of another State who enters this | ||||||
5 | State in
fresh
pursuit and continues within this State in fresh | ||||||
6 | pursuit of a person in
order to arrest him on the ground that | ||||||
7 | he has committed an offense in the
other State has the same | ||||||
8 | authority to arrest and hold the person in custody
as peace | ||||||
9 | officers of this State have to arrest and hold a person in | ||||||
10 | custody
on the ground that he has committed an offense in this | ||||||
11 | State.
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12 | (c) If an arrest is made in this State by a peace officer | ||||||
13 | of
another
State in accordance with the provisions of this | ||||||
14 | Section he shall without
unnecessary delay take the person | ||||||
15 | arrested before the circuit court of the
county in which the | ||||||
16 | arrest was made. Such court shall conduct a hearing for
the | ||||||
17 | purpose of determining the lawfulness of the arrest. If the | ||||||
18 | court
determines that the arrest was lawful it shall commit the | ||||||
19 | person arrested,
to await for a reasonable time the issuance of | ||||||
20 | an extradition warrant by
the Governor of this State, or admit | ||||||
21 | him to bail for such purpose. If the
court determines that the | ||||||
22 | arrest was unlawful it shall discharge the person
arrested.
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23 | (Source: P.A. 93-232, eff. 1-1-04; 94-846, eff. 1-1-07.)
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24 | Section 99. Effective date. This Act takes effect July 1, | ||||||
25 | 2007.".
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