093_HB0233

 
                                     LRB093 06172 RLC 06280 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    adding Section 1-4-5.1 as follows:

 6        (65 ILCS 5/1-4-5.1 new)
 7        Sec.  1-4-5.1.  Aid  or assistance of peace officers from
 8    other  jurisdictions.   Whenever  a  member   of   a   police
 9    department  of  a municipality with a population greater than
10    500,000 inhabitants requests aid or assistance  from  another
11    unit  of  local  government  or provides aid or assistance to
12    another  unit  of  local  government  under  clause  (3)   of
13    subsection  (a-3)  of  Section  107-4 of the Code of Criminal
14    Procedure of 1963, the unit  of  local  government  on  whose
15    behalf  the  request  is made shall hold harmless, indemnify,
16    and defend the police officer and his or her employer against
17    all claims, demands, liability, losses, and suits in  law  or
18    equity  made  by  a  third  party, including any liability or
19    obligation to indemnify created by Section 1-4-5 or 1-4-6  of
20    this  Code,  arising  out  of  the  aid or assistance that is
21    provided  unless  otherwise  agreed.   The  unit   of   local
22    government  requesting    assistance  shall  waive all claims
23    against the police officer or his or her employer arising out
24    of the aid or assistance that is provided under clause (3) of
25    subsection (a-3) of Section 107-4 of  the  Code  of  Criminal
26    Procedure  of  1963  other than claims resulting from willful
27    and wanton misconduct.  This Section  does  not  relieve  any
28    unit of local government from liability.

29        Section  10.  The  Code  of Criminal Procedure of 1963 is
30    amended by changing Section 107-4 as follows:
 
                            -2-      LRB093 06172 RLC 06280 b
 1        (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
 2        Sec.  107-4.  Arrest  by   peace   officer   from   other
 3    jurisdiction.
 4        (a)  As used in this Section:
 5             (1)  "State"  means  any  State of the United States
 6        and the District of Columbia.
 7             (2)  "Peace Officer"  means  any  peace  officer  or
 8        member  of any duly organized State, County, or Municipal
 9        peace unit or police force of another State.
10             (3)  "Fresh pursuit" means the immediate pursuit  of
11        a person who is endeavoring to avoid arrest.
12             (4)  "Law  enforcement  agency"  means  a  municipal
13        police  department  or  county  sheriff's  office of this
14        State.
15        (a-3)  Any peace officer employed by  a  law  enforcement
16    agency  of  this  State  may  conduct  temporary  questioning
17    pursuant  to Section 107-14 of this Code and may make arrests
18    in any jurisdiction within this State if: (1) the officer  is
19    engaged  in  the investigation of an offense that occurred in
20    the  officer's  primary  jurisdiction   and   the   temporary
21    questioning  is  conducted  or the arrest is made pursuant to
22    that investigation; or (2) the officer, while on  duty  as  a
23    peace  officer,  becomes  personally  aware  of the immediate
24    commission of a felony or misdemeanor violation of  the  laws
25    of  this  State; or (3) the officer, while on duty as a peace
26    officer, is requested by an appropriate State  or  local  law
27    enforcement  official  to  render  aid  or  assistance to the
28    requesting  law  enforcement  agency  that  is  outside   the
29    officer's primary jurisdiction. While acting pursuant to this
30    subsection,  an  officer has the same authority as within his
31    or her own jurisdiction.
32        (a-7)  The  law  enforcement  agency  of  the  county  or
33    municipality in which any arrest is made under  this  Section
34    shall be immediately notified of the arrest.
 
                            -3-      LRB093 06172 RLC 06280 b
 1        (b)  Any  peace  officer of another State who enters this
 2    State in fresh pursuit and continues  within  this  State  in
 3    fresh  pursuit  of  a  person  in  order to arrest him on the
 4    ground that he has committed an offense in  the  other  State
 5    has  the  same  authority  to  arrest  and hold the person in
 6    custody as peace officers of this State have  to  arrest  and
 7    hold  a person in custody on the ground that he has committed
 8    an offense in this State.
 9        (c)  If an arrest is  made  in  this  State  by  a  peace
10    officer of another State in accordance with the provisions of
11    this  Section  he  shall  without  unnecessary delay take the
12    person arrested before the circuit court  of  the  county  in
13    which the arrest was made. Such court shall conduct a hearing
14    for  the purpose of determining the lawfulness of the arrest.
15    If the court determines that the arrest was lawful  it  shall
16    commit  the  person  arrested, to await for a reasonable time
17    the issuance of an extradition warrant  by  the  Governor  of
18    this  State,  or  admit  him to bail for such purpose. If the
19    court determines  that  the  arrest  was  unlawful  it  shall
20    discharge the person arrested.
21    (Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)