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| Public Act 095-0423 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Department of State Police Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
2605-580 as follows: | ||||
(20 ILCS 2605/2605-580 new) | ||||
Sec. 2605-580. Pilot program; Internet Gang Crime Units. | ||||
(a) The Department of State Police shall establish a pilot | ||||
program from moneys available
under which Internet Gang Crime | ||||
Units shall be created in the Cook County Sheriff's Office, the | ||||
City of Danville Police Department, and the Village of Round | ||||
Lake Heights Police Department. Under the pilot program for the | ||||
operation of Internet Gang Crime Units, 40% shall be allocated | ||||
to the Cook County Sheriff's Office, 30% shall be allocated to | ||||
the City of Danville Police Department, and 30% shall be | ||||
allocated to the Village of Round Lake Heights Police | ||||
Department. | ||||
(b) Under the pilot program, the Internet Gang Crime Units
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shall investigate criminal activities of organized gangs that | ||||
involve the use of the Internet. For the duration of the pilot | ||||
program and in accordance with protocols for | ||||
inter-jurisdictional cooperation established by the Department | ||||
of State Police, peace officers in each Internet Gang Crime | ||
Unit shall, notwithstanding any other provision of law, have | ||
extra-jurisdictional authority to conduct investigations and | ||
make arrests anywhere in the State of Illinois regarding | ||
criminal activities of organized gangs that involve the use of | ||
the Internet. | ||
(c) Notwithstanding any other provision of law, if any | ||
criminal statute of this State authorizes the distribution of | ||
all or a portion of the proceeds realized from property seized | ||
or forfeited under that statute to participating law | ||
enforcement agencies or the delivery of property forfeited and
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seized under that statute to participating law enforcement | ||
agencies, a law enforcement agency in which an Internet Gang | ||
Crime Unit has been created is eligible to receive such a | ||
distribution or delivery if that law enforcement agency | ||
participated through its Internet Gang Crime Unit, regardless | ||
of the jurisdiction in which the seizure or forfeiture occurs. | ||
(d) The Cook County Sheriff's Office, the City of Danville | ||
Police Department, and the Village of Round Lake Heights Police | ||
Department shall report to the Department of State Police on a | ||
quarterly basis on the activities of their Internet Gang Crime | ||
Units in accordance with reporting guidelines established by | ||
the Department of State Police. The Department of State Police | ||
shall file a consolidated report on a quarterly basis with the | ||
General Assembly and the Governor. The Department's
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consolidated report may also contain any evaluations or | ||
recommendations that the Department deems appropriate. | ||
(e) The pilot program shall terminate on July 1, 2010. | ||
(f) As used in this Section, "organized gang" has the | ||
meaning ascribed to it in Section 10 of the Illinois Streetgang | ||
Terrorism Omnibus Prevention Act. | ||
Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 107-4 as follows:
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(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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Sec. 107-4. Arrest by peace officer from other | ||
jurisdiction.
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(a) As used in this Section:
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(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 | ||
of any duly
organized State, County, or Municipal peace | ||
unit, any police force of another
State, 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 | ||
person who is
endeavoring to avoid arrest.
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(4) "Law enforcement agency" means a municipal police | ||
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 if: (1) if the officer is
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engaged in the investigation of an offense that occurred in the | ||
officer's
primary jurisdiction and the temporary questioning | ||
is conducted or the arrest
is made 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 | ||
Department of State Police Law of the
Civil Administrative Code | ||
of Illinois. While acting pursuant to this subsection, an
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officer has the same authority as within his or her
own | ||
jurisdiction.
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(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.
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(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.
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(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 bail for such purpose. If the
court determines that the | ||
arrest was unlawful it shall discharge the person
arrested.
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(Source: P.A. 93-232, eff. 1-1-04; 94-846, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2007.
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