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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/106E-15

    (725 ILCS 5/106E-15)
    Sec. 106E-15. (Repealed).
(Source: P.A. 91-577, eff. 8-14-99. Repealed internally, eff. 12-31-00.)

725 ILCS 5/Art. 106F

 
    (725 ILCS 5/Art. 106F heading)
ARTICLE 106F. CHILDREN OF INCARCERATED PARENTS TASK FORCE
(Source: P.A. 101-480, eff. 8-23-19.)

725 ILCS 5/Art. 106G

 
    (725 ILCS 5/Art. 106G heading)
ARTICLE 106G. COMMISSION ON CHILDREN OF INCARCERATED PARENTS
(Source: P.A. 102-814, eff. 1-1-23.)

725 ILCS 5/106G-5

    (725 ILCS 5/106G-5)
    Sec. 106G-5. Commission on Children of Incarcerated Parents created.
    (a) The Commission on Children of Incarcerated Parents, hereinafter referred to as the Commission, is created within the Department of Human Services and shall reflect the diversity of the State of Illinois, including geographic, racial and ethnic diversity and diversity of life experience. The Commission shall be responsible for implementing and coordinating the recommendations of the Task Force on Children of Incarcerated Parents.
    (b) No later than 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the following representatives from relevant stakeholder groups shall be appointed to the Commission by the Lieutenant Governor unless otherwise stated:
        (1) one female who has previously been incarcerated
    
and has been directly impacted by policies relating to children of incarcerated parents;
        (2) two individuals who have been directly impacted
    
by policies relating to children of incarcerated parents, one of whom is between the ages of 17 and 24 at the time of appointment;
        (3) three representatives from community-based
    
providers or community organizations that provide services to address the trauma of incarceration through social services, advocacy, or the provision of legal services;
        (4) one individual who has been directly impacted by
    
the Department of Juvenile Justice policies relating to children of incarcerated parents and is between the ages of 17 and 24 at the time of appointment;
        (5) the Lieutenant Governor, or his or her designee;
        (6) the Secretary of Human Services, or his or her
    
designee;
        (7) the Director of Children and Family Services, or
    
his or her designee;
        (8) the Cook County Public Guardian, or his or her
    
designee;
        (9) the Director of Juvenile Justice, or his or her
    
designee;
        (10) the Director of Corrections, or his or her
    
designee;
        (11) the President of the Illinois Sheriffs'
    
Association, or his or her designee;
        (12) the Cook County Sheriff, or his or her designee;
        (13) the Director of the Illinois State Police, or
    
his or her designee;
        (14) the Chief of the Chicago Police Department, or
    
his or her designee;
        (15) the Executive Director of the Illinois Law
    
Enforcement Training Standards Board, or his or her designee;
        (16) the Attorney General, or his or her designee;
        (17) one member who represents the court system;
        (18) one member from an organization that facilitates
    
visitation between incarcerated parents and children;
        (19) one member who is a researcher or member of an
    
academic profession and has studied issues related to the impact of incarceration on youth;
        (20) one member who represents an organization with
    
expertise in gender-responsive practices and assessing the impact of incarceration on women; and
        (21) one male who has previously been incarcerated
    
and has been directly impacted by policies relating to children of incarcerated parents.
    (c) In this Section, "an individual who has been directly impacted by policies relating to children of incarcerated parents" means a person who has been convicted of, adjudicated, or pled guilty to, one or more felonies, who was sentenced to a term of imprisonment, and who has been separated from his or her children as a result of imprisonment.
    (d) Commission members shall serve without compensation. The term of a member of the Commission, other than a member listed under paragraphs (5) through (16) of subsection (b), shall expire 4 years after the date of the member's appointment.
    (e) Once all its members have been appointed as provided in this Section, the Commission may exercise any power, perform any function, or take any action in furtherance of its purposes and goals. The Commission shall:
        (1) meet at least 4 times per year beginning within
    
30 days after the appointment of a quorum of its members;
        (2) identify resources, strategies, and legislative
    
proposals to support the full administration and implementation of the Task Force on Children of Incarcerated Parents recommendations;
        (3) develop a strategic plan that outlines specific
    
goals, information-gathering activities, benchmarks, and timelines toward achieving the purpose of the Commission to fully implement the recommendations of the Task Force on Children of Incarcerated Parents; and
        (4) deliver an annual report to the General Assembly
    
and to the Governor to be posted on the websites of the Governor and General Assembly and provide to the public an annual report on its progress. A draft of the report shall be released for public comment, and feedback and shall be solicited from relevant stakeholders, including individuals impacted by parental incarceration, law enforcement, and advocates from local governmental family services agencies and nonprofit service providers.
    (f) The General Assembly may appropriate funds to the Department of Human Services for the purpose of funding the work of the Commission or services provided under this Section.
(Source: P.A. 102-814, eff. 1-1-23.)

725 ILCS 5/Tit. II

 
    (725 ILCS 5/Tit. II heading)
TITLE II. APPREHENSION AND INVESTIGATION

725 ILCS 5/Art. 107

 
    (725 ILCS 5/Art. 107 heading)
ARTICLE 107. ARREST

725 ILCS 5/107-1

    (725 ILCS 5/107-1) (from Ch. 38, par. 107-1)
    Sec. 107-1. Definitions.
    (a) A "warrant of arrest" is a written order from a court directed to a peace officer, or to some other person specifically named, commanding him to arrest a person.
    (b) A "summons" is a written order issued by a court which commands a person to appear before a court at a stated time and place.
    (c) A "notice to appear" is a written request issued by a peace officer that a person appear before a court at a stated time and place.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-2

    (725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
    Sec. 107-2. Arrest by peace officer.
    (1) A peace officer may arrest a person when:
        (a) He has a warrant commanding that such person be
    
arrested; or
        (b) He has reasonable grounds to believe that a
    
warrant for the person's arrest has been issued in this State or in another jurisdiction; or
        (c) He has reasonable grounds to believe that the
    
person is committing or has committed an offense.
    (2) Whenever a peace officer arrests a person, the officer shall question the arrestee as to whether he or she has any children under the age of 18 living with him or her who may be neglected as a result of the arrest or otherwise. The peace officer shall assist the arrestee in the placement of the children with a relative or other responsible person designated by the arrestee. If the peace officer has reasonable cause to believe that a child may be a neglected child as defined in the Abused and Neglected Child Reporting Act, he shall report it immediately to the Department of Children and Family Services as provided in that Act.
    (3) A peace officer who executes a warrant of arrest in good faith beyond the geographical limitation of the warrant shall not be liable for false arrest.
    (4) Whenever a peace officer is aware of a warrant of arrest issued by a circuit court of this State for a person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, or an alleged violation of parole or mandatory supervised release, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. The prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. As used in this subsection (4), "sexual assault" means an act of sexual conduct or sexual penetration defined in Section 11-0.1 of the Criminal Code of 2012, including without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012.
    (4.5) Whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in subsection (4), and the peace officer has contact with the person because the person reported that he or she was sexually assaulted within the past 7 days, in addition to informing the person of his or her right to seek free medical attention and evidence collection and providing the written notice required by Section 25 of the Sexual Assault Incident Procedure Act, the officer shall also notify the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall inform the prosecuting authority to request waiver of the prompt execution of the warrant.
(Source: P.A. 101-39, eff. 6-1-20.)

725 ILCS 5/107-3

    (725 ILCS 5/107-3) (from Ch. 38, par. 107-3)
    Sec. 107-3. Arrest by private person.
    Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-4

    (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, 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 criminal activity that occurred in the officer's primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted 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 Illinois 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 pretrial release for such purpose. If the court determines that the arrest was unlawful it shall discharge the person arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

725 ILCS 5/107-5

    (725 ILCS 5/107-5) (from Ch. 38, par. 107-5)
    Sec. 107-5. Method of arrest.
    (a) An arrest is made by an actual restraint of the person or by his submission to custody.
    (b) An arrest may be made on any day and at any time of the day or night.
    (c) An arrest may be made anywhere within the jurisdiction of this State.
    (d) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-6

    (725 ILCS 5/107-6) (from Ch. 38, par. 107-6)
    Sec. 107-6. Release by officer of person arrested.
    A peace officer who arrests a person without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-7

    (725 ILCS 5/107-7) (from Ch. 38, par. 107-7)
    Sec. 107-7. Persons exempt from arrest.
    (a) Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at election, and in going to and returning from the same.
    (b) Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same.
    (c) The militia shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and elections, and in going to and returning from the same.
    (d) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-8

    (725 ILCS 5/107-8) (from Ch. 38, par. 107-8)
    Sec. 107-8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18.
    (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer.
    (c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer.
(Source: P.A. 80-360.)

725 ILCS 5/107-9

    (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
    Sec. 107-9. Issuance of arrest warrant upon complaint.
    (a) When a complaint is presented to a court charging that an offense has been committed, it shall examine upon oath or affirmation the complainant or any witnesses.
    (b) The complaint shall be in writing and shall:
        (1) State the name of the accused if known, and if
    
not known the accused may be designated by any name or description by which he can be identified with reasonable certainty;
        (2) State the offense with which the accused is
    
charged;
        (3) State the time and place of the offense as
    
definitely as can be done by the complainant; and
        (4) Be subscribed and sworn to by the complainant.
    (b-5) If an arrest warrant or summons is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant or summons based upon a sworn complaint or sworn testimony communicated in the transmission.
    (c) A warrant or summons may be issued by the court for the arrest or appearance of the person complained against if it appears from the contents of the complaint and the examination of the complainant or other witnesses, if any, that the person against whom the complaint was made has committed an offense.
    (d) The warrant of arrest or summons shall:
        (1) Be in writing;
        (2) Specify the name, sex and birth date of the
    
person to be arrested or summoned or, if his name, sex or birth date is unknown, shall designate such person by any name or description by which the person can be identified with reasonable certainty;
        (3) Set forth the nature of the offense;
        (4) State the date when issued and the municipality
    
or county where issued;
        (5) Be signed by the judge of the court with the
    
title of the judge's office; and
        (6) Command that the person against whom the
    
complaint was made to be arrested and brought before the court issuing the warrant or the nearest or most accessible court in the same county, or appear before the court at a certain time and place;
        (7) Specify the conditions of pretrial release, if
    
any; and
        (8) Specify any geographical limitation placed on the
    
execution of the warrant, if any, but such limitation shall not be expressed in mileage.
    (e) The summons may be served in the same manner as the summons in a civil action, except that a police officer may serve a summons for a violation of an ordinance occurring within the municipality of the police officer.
    (f) If the person summoned fails to appear by the date required or cannot be located to serve the summons, a warrant may be issued by the court for the arrest of the person complained against.
    (g) A warrant of arrest issued under this Section shall incorporate the information included in the summons, and shall comply with the following:
        (1) The arrest warrant shall specify any geographic
    
limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage.
        (2) The arrest warrant shall be directed to all peace
    
officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State.
    (h) The arrest warrant or summons may be issued electronically or electromagnetically by use of electronic mail or a facsimile transmission machine and any such arrest warrant or summons shall have the same validity as a written arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)