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91_HB1896enr HB1896 Enrolled 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 powersuppress a riot, to preserve the11peace, and to protect the lives, rights, and property of12citizens. 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 HB1896 Enrolled -2- LRB9102917RCks 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 HB1896 Enrolled -3- LRB9102917RCks 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.