101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0048

 

Introduced 1/9/2019, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/107-4  from Ch. 38, par. 107-4
725 ILCS 5/107-14  from Ch. 38, par. 107-14
725 ILCS 5/108-1.01 rep.

    Amends the Code of Criminal Procedure of 1963. Provides that a peace officer shall not 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 the Code. Eliminates provision requiring an officer to provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. Makes conforming changes. Effective immediately.


LRB101 00247 SLF 45251 b

 

 

A BILL FOR

 

HB0048LRB101 00247 SLF 45251 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 107-4 and 107-14 as follows:
 
6    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
7    Sec. 107-4. Arrest by peace officer from other
8jurisdiction.
9    (a) As used in this Section:
10        (1) "State" means any State of the United States and
11    the District of Columbia.
12        (2) "Peace Officer" means any peace officer or member
13    of any duly organized State, County, or Municipal peace
14    unit, any police force of another State, the United States
15    Department of Defense, or any police force whose members,
16    by statute, are granted and authorized to exercise powers
17    similar to those conferred upon any peace officer employed
18    by a law enforcement agency of this State.
19        (3) "Fresh pursuit" means the immediate pursuit of a
20    person who is endeavoring to avoid arrest.
21        (4) "Law enforcement agency" means a municipal police
22    department or county sheriff's office of this State.
23    (a-3) Any peace officer employed by a law enforcement

 

 

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1agency of this State may conduct temporary questioning pursuant
2to Section 107-14 of this Code and may make arrests in any
3jurisdiction within this State: (1) if the officer is engaged
4in the investigation of criminal activity that occurred in the
5officer's primary jurisdiction and the temporary questioning
6or arrest relates to, arises from, or is conducted pursuant to
7that investigation; or (2) if the officer, while on duty as a
8peace officer, becomes personally aware of the immediate
9commission of a felony or misdemeanor violation of the laws of
10this State; or (3) if the officer, while on duty as a peace
11officer, is requested by an appropriate State or local law
12enforcement official to render aid or assistance to the
13requesting law enforcement agency that is outside the officer's
14primary jurisdiction; or (4) in accordance with Section
152605-580 of the Department of State Police Law of the Civil
16Administrative Code of Illinois. While acting pursuant to this
17subsection, an officer has the same authority as within his or
18her own jurisdiction.
19    (a-7) The law enforcement agency of the county or
20municipality in which any arrest is made under this Section
21shall be immediately notified of the arrest.
22    (b) Any peace officer of another State who enters this
23State in fresh pursuit and continues within this State in fresh
24pursuit of a person in order to arrest him on the ground that
25he has committed an offense in the other State has the same
26authority to arrest and hold the person in custody as peace

 

 

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1officers of this State have to arrest and hold a person in
2custody on the ground that he has committed an offense in this
3State.
4    (c) If an arrest is made in this State by a peace officer
5of another State in accordance with the provisions of this
6Section he shall without unnecessary delay take the person
7arrested before the circuit court of the county in which the
8arrest was made. Such court shall conduct a hearing for the
9purpose of determining the lawfulness of the arrest. If the
10court determines that the arrest was lawful it shall commit the
11person arrested, to await for a reasonable time the issuance of
12an extradition warrant by the Governor of this State, or admit
13him to bail for such purpose. If the court determines that the
14arrest was unlawful it shall discharge the person arrested.
15(Source: P.A. 98-576, eff. 1-1-14.)
 
16    (725 ILCS 5/107-14)  (from Ch. 38, par. 107-14)
17    Sec. 107-14. Temporary questioning without arrest
18prohibited.
19    (a) A peace officer, after having identified himself as a
20peace officer, shall not may stop any person in a public place
21for a reasonable period of time when the officer reasonably
22infers from the circumstances that the person is committing, is
23about to commit, or has committed an offense as defined in
24Section 102-15 of this Code, and may demand the name and
25address of the person and an explanation of his actions. Such

 

 

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1detention and temporary questioning will be conducted in the
2vicinity of where the person was stopped.
3    (b) Upon completion of any stop under subsection (a)
4involving a frisk or search, and unless impractical,
5impossible, or under exigent circumstances, the officer shall
6provide the person with a stop receipt which provides the
7reason for the stop and contains the officer's name and badge
8number. This subsection (b) does not apply to searches or
9inspections for compliance with the Fish and Aquatic Life Code,
10the Wildlife Code, the Herptiles-Herps Act, or searches or
11inspections for routine security screenings at facilities or
12events. For the purposes of this subsection (b), "badge" means
13an officer's department issued identification number
14associated with his or her position as a police officer with
15that department.
16(Source: P.A. 99-352, eff. 1-1-16.)
 
17    (725 ILCS 5/108-1.01 rep.)
18    Section 10. The Code of Criminal Procedure of 1963 is
19amended by repealing Section 108-1.01.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.