State of Illinois
92nd General Assembly

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SB1704 Engrossed                               LRB9211321RCcd

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Criminal Procedure of 1963 is
 5    amended by changing Section 107-4 as follows:

 6        (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
 7        Sec.  107-4.  Arrest  by   peace   officer   from   other
 8    jurisdiction.
 9        (a)  As used in this Section:
10             (1)  "State"  means  any  State of the United States
11        and the District of Columbia.
12             (2)  "Peace Officer"  means  any  peace  officer  or
13        member  of any duly organized State, County, or Municipal
14        peace unit or police force of another State.
15             (3)  "Fresh pursuit" means the immediate pursuit  of
16        a person who is endeavoring to avoid arrest.
17             (4)  "Law  enforcement  agency"  means  a  municipal
18        police  department  or  county  sheriff's  office of this
19        State.
20        (a-3)  Any peace officer employed by  a  law  enforcement
21    agency  of  this  State  may  conduct  temporary  questioning
22    pursuant  to Section 107-14 of this Code and may make arrests
23    in any jurisdiction within this State if: (1) the officer  is
24    engaged  in  the investigation of an offense that occurred in
25    the  officer's  primary  jurisdiction   and   the   temporary
26    questioning  is  conducted  or the arrest is made pursuant to
27    that investigation; or (2) the officer, while on  duty  as  a
28    peace  officer,  becomes  personally  aware  of the immediate
29    commission of a felony or misdemeanor violation of  the  laws
30    of  this  State; or (3) the officer, while on duty as a peace
31    officer, is requested by an appropriate State  or  local  law
SB1704 Engrossed            -2-                LRB9211321RCcd
 1    enforcement  official  to  render  aid  or  assistance to the
 2    requesting  law  enforcement  agency  that  is  outside   the
 3    officer's primary jurisdiction. While acting pursuant to this
 4    subsection,  an  officer has the same authority as within his
 5    or her own jurisdiction.
 6        (a-7)  The  law  enforcement  agency  of  the  county  or
 7    municipality in which any arrest is made under  this  Section
 8    shall be immediately notified of the arrest.
 9        (b)  Any  peace  officer of another State who enters this
10    State in fresh pursuit and continues  within  this  State  in
11    fresh  pursuit  of  a  person  in  order to arrest him on the
12    ground that he has committed an offense in  the  other  State
13    has  the  same  authority  to  arrest  and hold the person in
14    custody as peace officers of this State have  to  arrest  and
15    hold  a person in custody on the ground that he has committed
16    an offense in this State.
17        (c)  If an arrest is  made  in  this  State  by  a  peace
18    officer of another State in accordance with the provisions of
19    this  Section  he  shall  without  unnecessary delay take the
20    person arrested before the circuit court  of  the  county  in
21    which the arrest was made. Such court shall conduct a hearing
22    for  the purpose of determining the lawfulness of the arrest.
23    If the court determines that the arrest was lawful  it  shall
24    commit  the  person  arrested, to await for a reasonable time
25    the issuance of an extradition warrant  by  the  Governor  of
26    this  State,  or  admit  him to bail for such purpose. If the
27    court determines  that  the  arrest  was  unlawful  it  shall
28    discharge the person arrested.
29    (Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)

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