Public Act 93-0232

HB0532 Enrolled                      LRB093 06961 RLC 07107 b

    AN ACT in relation to criminal law.

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

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

    (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.
         (2)  "Peace Officer"  means  any  peace  officer  or
    member  of any duly organized State, County, or Municipal
    peace unit or police force of another State.
         (3)  "Fresh pursuit" means the immediate pursuit  of
    a person who is endeavoring to avoid arrest.
         (4)  "Law  enforcement  agency"  means  a  municipal
    police  department  or  county  sheriff's  office of this
    State.
    (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) the officer  is
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) 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) 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. 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 bail for such purpose. If the
court determines  that  the  arrest  was  unlawful  it  shall
discharge the person arrested.
(Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)