Public Act 101-0039

HB0092 Enrolled LRB101 02986 SLF 47994 b

AN ACT concerning 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 107-2 as follows:

(725 ILCS 5/107-2) (from Ch. 38, par. 107-2)

Sec. 107-2. Arrest by Peace Officer.

(1) A peace officer may arrest a person when:

(a) He has a warrant commanding that such person be

arrested; or

(b) He has reasonable grounds to believe that a warrant

for the person's arrest has been issued in this State or in

another jurisdiction; or

(c) He has reasonable grounds to believe that the

person is committing or has committed an offense.

(2) Whenever a peace officer arrests a person, the officer

shall question the arrestee as to whether he or she has any

children under the age of 18 living with him or her who may be

neglected as a result of the arrest or otherwise. The peace

officer shall assist the arrestee in the placement of the

children with a relative or other responsible person designated

by the arrestee. If the peace officer has reasonable cause to

believe that a child may be a neglected child as defined in the

Abused and Neglected Child Reporting Act, he shall report it

immediately to the Department of Children and Family Services

as provided in that Act.

(3) A peace officer who executes a warrant of arrest in

good faith beyond the geographical limitation of the warrant

shall not be liable for false arrest.

(4) Whenever a peace officer is aware of a warrant of

arrest issued by a circuit court of this State for a person and

the peace officer has contact with the person because the

person is requesting or receiving emergency medical assistance

or medical forensic services for sexual assault at a medical

facility, if the warrant of arrest is not for a forcible felony

as defined in Section 2-8 of the Criminal Code of 2012, a

violent crime as defined in subsection (c) of Section 3 of the

Rights of Crime Victims and Witnesses Act, or an alleged

violation of parole or mandatory supervised release, the peace

officer shall contact the prosecuting authority of the

jurisdiction issuing the warrant, or if that prosecutor is not

available, the prosecuting authority for the jurisdiction that

covers the medical facility to request waiver of the prompt

execution of the warrant. The prosecuting authority may secure

a court order waiving the immediate execution of the warrant

and provide a copy to the peace officer. As used in this

subsection (4), "sexual assault" means an act of sexual conduct

or sexual penetration defined in Section 11-0.1 of the Criminal

Code of 2012, including without limitation, acts prohibited

under Sections 11-1.20 through 11-1.60 of the Criminal Code of

2012.

(4.5) Whenever a peace officer has a warrant of arrest for

a person, subject to the same limitations described in

subsection (4), and the peace officer has contact with the

person because the person reported that he or she was sexually

assaulted within the past 7 days, in addition to informing the

person of his or her right to seek free medical attention and

evidence collection and providing the written notice required

by Section 25 of the Sexual Assault Incident Procedure Act, the

officer shall also notify the person that if he or she chooses

to go to a medical facility to seek any of those services, then

the officer shall inform the prosecuting authority to request

waiver of the prompt execution of the warrant.

(Source: P.A. 97-333, eff. 8-12-11.)