(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, any police force of another State, the United States Department of Defense, 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. | |
(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: (1) if 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) 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 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. 94‑846, eff. 1‑1‑07; 95‑423, eff. 8‑24‑07; 95‑750, eff. 7‑23‑08; 95‑1007, eff. 12‑15‑08.) |
(725 ILCS 5/107‑7) (from Ch. 38, par. 107‑7)
Sec. 107‑7. Persons exempt from arrest.
(a) Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at election, and in going to and returning from the same.
(b) Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same.
(c) The militia shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and elections, and in going to and returning from the same.
(d) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court.
(Source: Laws 1963, p. 2836.) |
(725 ILCS 5/107‑9) (from Ch. 38, par. 107‑9)
Sec. 107‑9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that an offense has been committed it shall examine upon oath or affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if |
| not known the accused may be designated by any name or description by which he can be identified with reasonable certainty; | |
(2) State the offense with which the accused is |
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(3) State the time and place of the offense as |
| definitely as can be done by the complainant; and | |
(4) Be subscribed and sworn to by the complainant.
(c) A warrant shall be issued by the court for the arrest of the person complained against if it appears from the contents of the complaint and the examination of the complainant or other witnesses, if any, that the person against whom the complaint was made has committed an offense.
(d) The warrant of arrest shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the |
| person to be arrested or if his name, sex or birth date is unknown, shall designate such person by any name or description by which he can be identified with reasonable certainty; | |
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality |
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(5) Be signed by the judge of the court with the |
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(6) Command that the person against whom the |
| complaint was made be arrested and brought before the court issuing the warrant or if he is absent or unable to act before the nearest or most accessible court in the same county; | |
(7) Specify the amount of bail; and
(8) Specify any geographical limitation placed on |
| the execution of the warrant, but such limitation shall not be expressed in mileage. | |
(e) The warrant shall be directed to all peace officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State.
(f) The warrant may be issued electronically or electromagnetically by use of a facsimile transmission machine and any such warrant shall have the same validity as a written warrant.
(Source: P.A. 86‑298; 87‑523.) |
(725 ILCS 5/107‑11) (from Ch. 38, par. 107‑11)
Sec. 107‑11. When summons may be issued.
(a) When authorized to issue a warrant of arrest, a court may instead issue a summons.
(b) The summons shall:
(1) Be in writing;
(2) State the name of the person summoned and his or |
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(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality |
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(5) Be signed by the judge of the court with the |
| title of his or her office; and | |
(6) Command the person to appear before a court at a |
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(c) The summons may be served in the same manner as the summons in a civil action, except that police officers may serve summons for violations of ordinances occurring within their municipalities.
(Source: P.A. 87‑574.) |