Public Act 095-1007
 
HB0427 Enrolled LRB095 04145 RLC 24183 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 2-13 as follows:
 
    (720 ILCS 5/2-13)  (from Ch. 38, par. 2-13)
    Sec. 2-13. "Peace officer". "Peace officer" means (i) any
person who by virtue of his office or public employment is
vested by law with a duty to maintain public order or to make
arrests for offenses, whether that duty extends to all offenses
or is limited to specific offenses, or (ii) any person who, by
statute, is granted and authorized to exercise powers similar
to those conferred upon any peace officer employed by a law
enforcement agency of this State.
    For purposes of Sections concerning unlawful use of
weapons, for the purposes of assisting an Illinois peace
officer in an arrest, or when the commission of any offense
under Illinois law is directly observed by the person, and
statutes involving the false personation of a peace officer,
false personation of a peace officer while carrying a deadly
weapon, and aggravated false personation of a peace officer,
then officers, agents, or employees of the federal government
commissioned by federal statute to make arrests for violations
of federal criminal laws shall be considered "peace officers"
under this Code, including, but not limited to all criminal
investigators of:
        (1) the United States Department of Justice, the
    Federal Bureau of Investigation, the Drug Enforcement
    Agency and the Department of Immigration and
    Naturalization;
        (2) the United States Department of the Treasury, the
    Secret Service, the Bureau of Alcohol, Tobacco and Firearms
    and the Customs Service;
        (3) the United States Internal Revenue Service;
        (4) the United States General Services Administration;
        (5) the United States Postal Service;
        (6) all United States Marshals or Deputy United States
    Marshals whose duties involve the enforcement of federal
    criminal laws; and
        (7) the United States Department of Defense, who have
    at least the minimum training prescribed by the Illinois
    Law Enforcement Training Standards Board for peace
    officers of units of local government.
(Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24,
eff. 1-1-08; 95-331, eff. 8-21-07; 95-750, eff. 7-23-08.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 107-4 as follows:
 
    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
    Sec. 107-4. Arrest by peace officer from other
jurisdiction.
    (a) As used in this Section:
        (1) "State" means any State of the United States and
    the District of Columbia.
        (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 who has at least the minimum training
    prescribed by the Illinois Law Enforcement Training
    Standards Board for peace officers of units of local
    government, 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.
        (3) "Fresh pursuit" means the immediate pursuit of a
    person who is endeavoring to avoid arrest.
        (4) "Law enforcement agency" means a municipal police
    department or county sheriff's office of this State.
    (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 an offense that occurred in the
officer's primary jurisdiction and the temporary questioning
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
officer has the same authority as within his or her own
jurisdiction.
    (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.
    (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.
    (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.
(Source: P.A. 94-846, eff. 1-1-07; 95-423, eff. 8-24-07;
95-750, eff. 7-23-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.