(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 |
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(b) He has reasonable grounds to believe that a
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| warrant for the person's arrest has been issued in this State or in another jurisdiction; or
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(c) He has reasonable grounds to believe that the
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| person is committing or has committed an offense.
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(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 .)
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(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.
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(2) "Peace Officer" means any peace officer or member
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| 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.
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(3) "Fresh pursuit" means the immediate pursuit of a
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| person who is endeavoring to avoid arrest.
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(4) "Law enforcement agency" means a municipal police
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| department or county sheriff's office of this State.
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(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 .)
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(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.)
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(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;
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(2) State the offense with which the accused is
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(3) State the time and place of the offense as
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| definitely as can be done by the complainant; and
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(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
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| 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;
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(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality
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(5) Be signed by the judge of the court with the
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| title of the judge's office; and
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(6) Command that the person against whom the
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| 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;
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(7) Specify the conditions of pretrial release, if
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(8) Specify any geographical limitation placed on the
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| execution of the warrant, if any, but such limitation shall not be expressed in mileage.
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(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
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| limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage.
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(2) The arrest warrant shall be directed to all peace
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| 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.
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(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.)
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(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 |
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(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality
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(5) Be signed by the judge of the court with the
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| title of his or her office; and
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(6) Command the person to appear before a court at a
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(c) The summons may be served in the same manner as the summons in a
civil action or by certified or regular mail, except that police officers may serve summons for violations
of ordinances occurring within their municipalities.
(Source: P.A. 102-1104, eff. 12-6-22.)
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