Sen. Jason A. Barickman
Filed: 5/17/2019
 
 

 

 

 
10100HB0092sam002LRB101 02986 RLC 60838 a



1
AMENDMENT TO HOUSE BILL 92




2    AMENDMENT NO. ______. Amend House Bill 92, AS AMENDED,  by 
3replacing everything after the enacting clause with the 
4following:

 
5    "Section 5. The Code of Criminal Procedure of 1963 is 
6amended  by changing Section 107-2 as follows:
 



7    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)



8    Sec. 107-2. Arrest by Peace Officer. 
9    (1) A peace officer may
arrest a person when:

10        (a) He has a warrant commanding that such person be 
11    arrested; or

12        (b) He has reasonable grounds to believe that a warrant 
13    for the person's
arrest has been issued in this State or in 
14    another jurisdiction; or

15        (c) He has reasonable grounds to believe that the 
16    person is committing
or has committed an offense.

 
 
10100HB0092sam002- 2 -LRB101 02986 RLC 60838 a

1    (2) Whenever a peace officer arrests a person, the officer 
2shall question
the arrestee as to whether he or she has any 
3children under the age of 18
living with him or her who may be 
4neglected as a result of the arrest or
otherwise.  The peace 
5officer shall assist the arrestee in the placement of
the 
6children with a relative or other responsible person designated 
7by the
arrestee. If the peace officer has reasonable cause to 
8believe that a child
may be a neglected child as defined in the 
9Abused and Neglected Child
Reporting Act, he shall report it 
10immediately to the Department of Children
and Family Services 
11as provided in that Act.

12    (3) A peace officer who executes a warrant of arrest in 
13good faith
beyond the geographical limitation of the warrant 
14shall not be liable for
false arrest.
15    (4)  Whenever a peace officer is aware of a  warrant of 
16arrest issued by a circuit court of this State for the person 
17and the peace officer has contact with the person because the 
18person is requesting or receiving emergency medical assistance 
19or medical forensic
services for sexual assault at a medical 
20facility, if the warrant of arrest is not for a forcible felony 
21as defined in Section 2-8 of the Criminal Code of 2012, a 
22violent crime as defined in subsection (c) of Section 3 of the 
23Rights of Crime Victims and Witnesses
Act, or an alleged 
24violation of parole or mandatory supervised release,  the peace 
25officer shall contact the prosecuting authority of the 
26jurisdiction issuing the warrant, or if
that prosecutor is not 
 
 
10100HB0092sam002- 3 -LRB101 02986 RLC 60838 a

1available, the prosecuting authority for the jurisdiction that 
2covers the medical
facility to request waiver of the prompt 
3execution of the warrant.  The
prosecuting authority may secure 
4a court order waiving the immediate execution of the warrant 
5and provide a copy to the peace officer. In this subsection 
6(4), "sexual assault" means an act of sexual conduct or sexual 
7penetration
defined in Section 11-0.1 of the Criminal Code of 
82012, including without limitation, acts prohibited
under 
9Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. 

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