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91_HB1896
LRB9102917RCks
1 AN ACT in relation to law enforcement officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 7-4-8 as follows:
6 (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
7 Sec. 7-4-8. The police of any municipality in such a
8 police district have full authority and power as peace
9 officers and may go into any part of the district to exercise
10 that authority and power suppress a riot, to preserve the
11 peace, and to protect the lives, rights, and property of
12 citizens. For these purposes the mayor of any municipality in
13 the district, and the chiefs of police therein, shall use the
14 police forces under their control anywhere in the district.
15 (Source: Laws 1961, p. 576.)
16 Section 10. The Code of Criminal Procedure of 1963 is
17 amended by changing Section 107-4 as follows:
18 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
19 Sec. 107-4. Arrest by peace officer from other
20 jurisdiction.
21 (a) As used in this Section:
22 (1) "State" means any State of the United States
23 and the District of Columbia.
24 (2) "Peace Officer" means any peace officer or
25 member of any duly organized State, County, or Municipal
26 peace unit or police force of another State.
27 (3) "Fresh pursuit" means the immediate pursuit of
28 a person who is endeavoring to avoid arrest.
29 (4) "Law enforcement agency" means a municipal
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1 police department or county sheriff's office of this
2 State.
3 (a-3) Any peace officer employed by a law enforcement
4 agency of this State may conduct temporary questioning
5 pursuant to Section 107-14 of this Code and may make arrests
6 in any jurisdiction within this State if: (1) the officer is
7 engaged in the investigation of an offense that occurred in
8 the officer's primary jurisdiction and the temporary
9 questioning is conducted or the arrest is made pursuant to
10 that investigation; or (2) the officer, while on duty as a
11 peace officer, becomes personally aware of the immediate
12 commission of a felony or misdemeanor violation of the laws
13 of this State. While acting pursuant to this subsection, an
14 officer has the same authority as within his or her own
15 jurisdiction.
16 (a-7) The law enforcement agency of the county or
17 municipality in which any arrest is made under this Section
18 shall be immediately notified of the arrest.
19 (b) Any peace officer of another State who enters this
20 State in fresh pursuit and continues within this State in
21 fresh pursuit of a person in order to arrest him on the
22 ground that he has committed an offense in the other State
23 has the same authority to arrest and hold the person in
24 custody as peace officers of this State have to arrest and
25 hold a person in custody on the ground that he has committed
26 an offense in this State.
27 (c) If an arrest is made in this State by a peace
28 officer of another State in accordance with the provisions of
29 this Section he shall without unnecessary delay take the
30 person arrested before the circuit court of the county in
31 which the arrest was made. Such court shall conduct a hearing
32 for the purpose of determining the lawfulness of the arrest.
33 If the court determines that the arrest was lawful it shall
34 commit the person arrested, to await for a reasonable time
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1 the issuance of an extradition warrant by the Governor of
2 this State, or admit him to bail for such purpose. If the
3 court determines that the arrest was unlawful it shall
4 discharge the person arrested.
5 (Source: Laws 1963, p. 2836.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.