Full Text of SB2051 95th General Assembly
SB2051 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2051
Introduced 2/7/2008, by Sen. Carole Pankau SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/2-13 |
from Ch. 38, par. 2-13 |
725 ILCS 5/107-4 |
from Ch. 38, par. 107-4 |
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Amends the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. Defines "peace officer" for specified purposes to include a Department of Defense peace officer who has at least the minimum training prescribed by the Illinois Law Enforcement Training Standards Board for peace officers of units of local government. Effective July 1, 2008.
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A BILL FOR
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SB2051 |
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LRB095 17473 RLC 43546 b |
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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 Criminal Code of 1961 is amended by changing | 5 |
| Section 2-13 as follows:
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| (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
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| 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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| 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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| For purposes of Sections concerning unlawful use of | 16 |
| weapons,
for the purposes of assisting an Illinois peace | 17 |
| officer in an arrest, or when
the commission of any offense | 18 |
| under Illinois law is directly observed by the
person, and | 19 |
| statutes involving the false personation of a peace officer, | 20 |
| false personation of a peace officer while carrying a deadly | 21 |
| weapon, and aggravated false personation of a peace officer, | 22 |
| then officers, agents, or employees of the federal government
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| commissioned by
federal statute to make arrests for violations |
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SB2051 |
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LRB095 17473 RLC 43546 b |
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| of federal criminal laws
shall be considered "peace officers" | 2 |
| under this Code, including, but not
limited to all criminal | 3 |
| investigators of:
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| (1) the United States Department of Justice, the | 5 |
| Federal Bureau of
Investigation, the Drug Enforcement | 6 |
| Agency and the Department of
Immigration and | 7 |
| Naturalization;
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| (2) the United States Department of the Treasury, the | 9 |
| Secret Service,
the Bureau of Alcohol, Tobacco and Firearms | 10 |
| and the Customs Service;
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| (3) the United States Internal Revenue Service;
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| (4) the United States General Services Administration;
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| (5) the United States Postal Service; and
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| (6) all United States Marshals or Deputy United States | 15 |
| Marshals whose
duties involve the enforcement of federal | 16 |
| criminal laws ; and .
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| (7) Department of Defense peace officers who have at | 18 |
| least the minimum training prescribed by the Illinois Law | 19 |
| Enforcement Training Standards Board for peace officers of | 20 |
| units of local government.
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| (Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24, | 22 |
| eff. 1-1-08; 95-331, eff. 8-21-07.)
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| Section 10. The Code of Criminal Procedure of 1963 is | 24 |
| amended by changing Section 107-4 as follows:
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LRB095 17473 RLC 43546 b |
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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 | 3 |
| 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 | 6 |
| the District of
Columbia.
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| (2) "Peace Officer" means any peace officer or member | 8 |
| of any duly
organized State, County, or Municipal peace | 9 |
| unit, any police force of another
State, a Department of | 10 |
| Defense peace officer who has at least the minimum training | 11 |
| prescribed by the Illinois Law Enforcement Training | 12 |
| Standards Board for peace officers of units of local | 13 |
| government, or any police force whose members, by statute, | 14 |
| are granted and authorized to exercise powers similar to | 15 |
| those conferred upon any peace officer employed by a law | 16 |
| enforcement agency of this State.
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| (3) "Fresh pursuit" means the immediate pursuit of a | 18 |
| person who is
endeavoring to avoid arrest.
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| (4) "Law enforcement agency" means a municipal police | 20 |
| department or
county
sheriff's office of this State.
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| (a-3) Any peace officer employed by a law enforcement | 22 |
| agency of this State
may conduct temporary questioning pursuant | 23 |
| to Section 107-14 of this Code and
may make arrests in any | 24 |
| jurisdiction within this State: (1) if the officer is
engaged | 25 |
| in the investigation of an offense that occurred in the | 26 |
| officer's
primary jurisdiction and the temporary questioning |
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LRB095 17473 RLC 43546 b |
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| is conducted or the arrest
is made pursuant to that | 2 |
| investigation; or (2) if the officer, while on duty as a
peace | 3 |
| officer, becomes personally aware of the immediate commission | 4 |
| of a felony
or misdemeanor violation of the laws of this State; | 5 |
| or (3) if
the officer, while on duty as a peace officer, is | 6 |
| requested by an
appropriate State or local law enforcement | 7 |
| official to render aid or
assistance to the requesting law | 8 |
| enforcement agency that is outside the
officer's primary | 9 |
| jurisdiction; or (4) in accordance with Section 2605-580 of the | 10 |
| Department of State Police Law of the
Civil Administrative Code | 11 |
| of Illinois. While acting pursuant to this subsection, an
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| officer has the same authority as within his or her
own | 13 |
| jurisdiction.
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| (a-7) The law enforcement agency of the county or | 15 |
| municipality in which any
arrest is made under this Section | 16 |
| shall be immediately notified of the
arrest.
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| (b) Any peace officer of another State who enters this | 18 |
| State in
fresh
pursuit and continues within this State in fresh | 19 |
| pursuit of a person in
order to arrest him on the ground that | 20 |
| he has committed an offense in the
other State has the same | 21 |
| authority to arrest and hold the person in custody
as peace | 22 |
| officers of this State have to arrest and hold a person in | 23 |
| custody
on the ground that he has committed an offense in this | 24 |
| State.
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| (c) If an arrest is made in this State by a peace officer | 26 |
| of
another
State in accordance with the provisions of this |
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LRB095 17473 RLC 43546 b |
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| Section he shall without
unnecessary delay take the person | 2 |
| arrested before the circuit court of the
county in which the | 3 |
| arrest was made. Such court shall conduct a hearing for
the | 4 |
| purpose of determining the lawfulness of the arrest. If the | 5 |
| court
determines that the arrest was lawful it shall commit the | 6 |
| person arrested,
to await for a reasonable time the issuance of | 7 |
| an extradition warrant by
the Governor of this State, or admit | 8 |
| him to bail for such purpose. If the
court determines that the | 9 |
| 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.)
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| Section 99. Effective date. This Act takes effect July 1, | 12 |
| 2008.
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