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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/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.
(Source: P.A. 97-333, eff. 8-12-11.)

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 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. 98-576, eff. 1-1-14.)

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.
    (c) A warrant shall be issued by the court for the arrest 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 shall:
        (1) Be in writing;
        (2) Specify the name, sex and birth date of the
    
person to be arrested or if his name, sex or birth date is unknown, shall designate such person by any name or description by which he 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 his office;
        (6) Command that the person against whom the
    
complaint was made be arrested and brought before the court issuing the warrant or if he is absent or unable to act before the nearest or most accessible court in the same county;
        (7) Specify the amount of bail; and
        (8) Specify any geographical limitation placed on the
    
execution of the warrant, but such limitation shall not be expressed in mileage.
    (e) The 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.
    (f) The warrant may be issued electronically or electromagnetically by use of a facsimile transmission machine and any such warrant shall have the same validity as a written warrant.
(Source: P.A. 86-298; 87-523.)

725 ILCS 5/107-10

    (725 ILCS 5/107-10) (from Ch. 38, par. 107-10)
    Sec. 107-10. Defective warrant.
    A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-11

    (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
    Sec. 107-11. When summons may be issued.
    (a) When authorized to issue a warrant of arrest, a court may instead issue a summons.
    (b) The summons shall:
        (1) Be in writing;
        (2) State the name of the person summoned and his or
    
her address, if known;
        (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 his or her office; and
        (6) Command the person to appear before a court at a
    
certain time and place.
    (c) The summons may be served in the same manner as the summons in a civil action, except that police officers may serve summons for violations of ordinances occurring within their municipalities.
(Source: P.A. 87-574.)

725 ILCS 5/107-12

    (725 ILCS 5/107-12) (from Ch. 38, par. 107-12)
    Sec. 107-12. Notice to appear.
    (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear.
    (b) The notice shall:
    (1) Be in writing;
    (2) State the name of the person and his address, if known;
    (3) Set forth the nature of the offense;
    (4) Be signed by the officer issuing the notice; and
    (5) Request the person to appear before a court at a certain time and place.
    (c) Upon failure of the person to appear a summons or warrant of arrest may issue.
    (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear.
(Source: P.A. 83-693.)

725 ILCS 5/107-13

    (725 ILCS 5/107-13) (from Ch. 38, par. 107-13)
    Sec. 107-13. Offenses committed by corporations.
    (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before a court at a certain time and place.
    (b) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action.
    (c) If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and such court shall proceed to trial and judgment without further process.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-14

    (725 ILCS 5/107-14) (from Ch. 38, par. 107-14)
    Sec. 107-14. Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102-15 of this Code, and may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped.
(Source: Laws 1968, p. 218.)

725 ILCS 5/107-15

    (725 ILCS 5/107-15)
    Sec. 107-15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by any one of them commanded or summoned for that purpose; every such officer who does not do his or her duty in the premises is guilty of a Class B misdemeanor.
(Source: P.A. 89-234, eff. 1-1-96.)

725 ILCS 5/107-16

    (725 ILCS 5/107-16)
    Sec. 107-16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed.
(Source: P.A. 89-234, eff. 1-1-96.)