Illinois General Assembly - Full Text of HB0092
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Full Text of HB0092  101st General Assembly

HB0092enr 101ST GENERAL ASSEMBLY



 


 
HB0092 EnrolledLRB101 02986 SLF 47994 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 Section 107-2 as follows:
 
6    (725 ILCS 5/107-2)  (from Ch. 38, par. 107-2)
7    Sec. 107-2. Arrest by Peace Officer.
8    (1) A peace officer may arrest a person when:
9        (a) He has a warrant commanding that such person be
10    arrested; or
11        (b) He has reasonable grounds to believe that a warrant
12    for the person's arrest has been issued in this State or in
13    another jurisdiction; or
14        (c) He has reasonable grounds to believe that the
15    person is committing or has committed an offense.
16    (2) Whenever a peace officer arrests a person, the officer
17shall question the arrestee as to whether he or she has any
18children under the age of 18 living with him or her who may be
19neglected as a result of the arrest or otherwise. The peace
20officer shall assist the arrestee in the placement of the
21children with a relative or other responsible person designated
22by the arrestee. If the peace officer has reasonable cause to
23believe that a child may be a neglected child as defined in the

 

 

HB0092 Enrolled- 2 -LRB101 02986 SLF 47994 b

1Abused and Neglected Child Reporting Act, he shall report it
2immediately to the Department of Children and Family Services
3as provided in that Act.
4    (3) A peace officer who executes a warrant of arrest in
5good faith beyond the geographical limitation of the warrant
6shall not be liable for false arrest.
7    (4) Whenever a peace officer is aware of a warrant of
8arrest issued by a circuit court of this State for a person and
9the peace officer has contact with the person because the
10person is requesting or receiving emergency medical assistance
11or medical forensic services for sexual assault at a medical
12facility, if the warrant of arrest is not for a forcible felony
13as defined in Section 2-8 of the Criminal Code of 2012, a
14violent crime as defined in subsection (c) of Section 3 of the
15Rights of Crime Victims and Witnesses Act, or an alleged
16violation of parole or mandatory supervised release, the peace
17officer shall contact the prosecuting authority of the
18jurisdiction issuing the warrant, or if that prosecutor is not
19available, the prosecuting authority for the jurisdiction that
20covers the medical facility to request waiver of the prompt
21execution of the warrant. The prosecuting authority may secure
22a court order waiving the immediate execution of the warrant
23and provide a copy to the peace officer. As used in this
24subsection (4), "sexual assault" means an act of sexual conduct
25or sexual penetration defined in Section 11-0.1 of the Criminal
26Code of 2012, including without limitation, acts prohibited

 

 

HB0092 Enrolled- 3 -LRB101 02986 SLF 47994 b

1under Sections 11-1.20 through 11-1.60 of the Criminal Code of
22012.
3    (4.5) Whenever a peace officer has a warrant of arrest for
4a person, subject to the same limitations described in
5subsection (4), and the peace officer has contact with the
6person because the person reported that he or she was sexually
7assaulted within the past 7 days, in addition to informing the
8person of his or her right to seek free medical attention and
9evidence collection and providing the written notice required
10by Section 25 of the Sexual Assault Incident Procedure Act, the
11officer shall also notify the person that if he or she chooses
12to go to a medical facility to seek any of those services, then
13the officer shall inform the prosecuting authority to request
14waiver of the prompt execution of the warrant.
15    
16(Source: P.A. 97-333, eff. 8-12-11.)