(725 ILCS 5/107‑1)(from Ch. 38, par. 107‑1) Sec. 107‑1. Definitions. (a) A "warrant of arrest" is a written order from a court directed to a peace officer, or to some other person specifically named, commanding him to arrest a person. (b) A "summons" is a written order issued by a court which commands a person to appear before a court at a stated time and place. (c) A "notice to appear" is a written request issued by a peace officer that a person appear before a court at a stated time and place. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑2)(from Ch. 38, par. 107‑2) Sec. 107‑2. (1) Arrest by Peace Officer. 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. (Source: P.A. 86‑298.)
(725 ILCS 5/107‑3)(from Ch. 38, par. 107‑3) Sec. 107‑3. Arrest by private person. Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed. (Source: Laws 1963, p. 2836.)
(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 5/107‑5)(from Ch. 38, par. 107‑5) Sec. 107‑5. Method of arrest. (a) An arrest is made by an actual restraint of the person or by his submission to custody. (b) An arrest may be made on any day and at any time of the day or night. (c) An arrest may be made anywhere within the jurisdiction of this State. (d) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑6)(from Ch. 38, par. 107‑6) Sec. 107‑6. Release by officer of person arrested. A peace officer who arrests a person without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested. (Source: Laws 1963, p. 2836.)
(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 5/107‑8)(from Ch. 38, par. 107‑8) Sec. 107‑8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18. (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer. (c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer. (Source: P.A. 80‑360.)
(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
charged;
(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
or county where issued;
(5) Be signed by the judge of the court with the
title of his office;
(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 5/107‑10)(from Ch. 38, par. 107‑10) Sec. 107‑10. Defective warrant. A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused. (Source: Laws 1963, p. 2836.)
(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
her address, if known;
(3) Set forth the nature of the offense; (4) State the date when issued and the municipality
or county where issued;
(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
certain time and place.
(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.)
(725 ILCS 5/107‑12)(from Ch. 38, par. 107‑12) Sec. 107‑12. Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear. (b) The notice shall: (1) Be in writing; (2) State the name of the person and his address, if known; (3) Set forth the nature of the offense; (4) Be signed by the officer issuing the notice; and (5) Request the person to appear before a court at a certain time and place. (c) Upon failure of the person to appear a summons or warrant of arrest may issue. (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear. (Source: P.A. 83‑693.)
(725 ILCS 5/107‑13)(from Ch. 38, par. 107‑13) Sec. 107‑13. Offenses committed by corporations. (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before a court at a certain time and place. (b) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action. (c) If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and such court shall proceed to trial and judgment without further process. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑14)(from Ch. 38, par. 107‑14) Sec. 107‑14. Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102‑‑15 of this Code, and may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped. (Source: Laws 1968, p. 218.)
(725 ILCS 5/107‑15) Sec. 107‑15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by any one of them commanded or summoned for that purpose; every such officer who does not do his or her duty in the premises is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/107‑16) Sec. 107‑16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/Art. 107A heading)
ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE
(Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑5) Sec. 107A‑5. Lineup and photo spread procedure. (a) All lineups shall be photographed or otherwise recorded. These photographs shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. All photographs of suspects shown to an eyewitness during the photo spread shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. (b) Each eyewitness who views a lineup or photo spread shall sign a form containing the following information: (1) The suspect might not be in the lineup or photo
spread and the eyewitness is not obligated to make an identification.
(2) The eyewitness should not assume that the person
administering the lineup or photo spread knows which person is the suspect in the case.
(c) Suspects in a lineup or photo spread should not appear to be substantially different from "fillers" or "distracters" in the lineup or photo spread, based on the eyewitness' previous description of the perpetrator, or based on other factors that would draw attention to the suspect. (Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑10) Sec. 107A‑10. Pilot study on sequential lineup procedures. (a) Legislative intent. Because the goal of a police investigation is to apprehend the person or persons responsible for committing a crime, it is useful to conduct a pilot study in the field on the effectiveness of the sequential method for lineup procedures. (b) Establishment of pilot jurisdictions. The Department of State Police shall select 3 police departments to participate in a one‑year pilot study on the effectiveness of the sequential lineup method for photo and live lineup procedures. One such pilot jurisdiction shall be a police district within a police department in a municipality whose population is at least 500,000 residents; one such pilot jurisdiction shall be a police department in a municipality whose population is at least 100,000 but less than 500,000; and one such pilot jurisdiction shall be a police department in a municipality whose population is less than 100,000. All such pilot jurisdictions shall be selected no later than July 1, 2004. (c) Sequential lineup procedures in pilot jurisdictions. For any offense alleged to have been committed in a pilot jurisdiction on or after July 1, 2004, selected lineup identification procedure shall be presented in the sequential method in which a witness is shown lineup participants one at a time, using the following procedures: (1) The witness shall be requested to state whether
the individual shown is the perpetrator of the crime prior to viewing the next lineup participant. Only one member of the lineup shall be a suspect and the remainder shall be "fillers" who are not suspects but fit the general description of the offender without the suspect unduly standing out;
(2) The lineup administrator shall be someone who is
not aware of which member of the lineup is the suspect in the case; and
(3) Prior to presenting the lineup using the
sequential method the lineup administrator shall:
(A) Inform the witness that the perpetrator may
or may not be among those shown, and the witness should not feel compelled to make an identification;
(B) Inform the witness that he or she will view
individuals one at a time and will be requested to state whether the individual shown is the perpetrator of the crime, prior to viewing the next lineup participant; and
(C) Ask the witness to state in his or her own
words how sure he or she is that the person identified is the actual offender. During the statement, or as soon thereafter as reasonably possible, the witness's actual words shall be documented.
(d) Application. This Section applies to selected live lineups that are composed and presented at a police station and to selected photo lineups regardless of where presented; provided that this Section does not apply in police investigations in which a spontaneous identification is possible and no lineup procedure is being used. This Section does not affect the right to counsel afforded by the U.S. or Illinois Constitutions or State law at any stage of a criminal proceeding. (e) Selection of lineups. The participating jurisdictions shall develop a protocol for the selection and administration of lineups which is practical, designed to elicit information for comparative evaluation purposes, and is consistent with objective scientific research methodology. (f) Training and administrators. The Department of State Police shall offer training to police officers and any other appropriate personnel on the sequential method of conducting lineup procedures in the pilot jurisdictions and the requirements of this Section. The Department of State Police may seek funding for training and administration from the Illinois Criminal Justice Information Authority and the Illinois Law Enforcement Training Standards Board if necessary. (g) Report on the pilot study. The Department of State Police shall gather information from each of the participating police departments selected as a pilot jurisdiction with respect to the effectiveness of the sequential method for lineup procedures and shall file a report of its findings with the Governor and the General Assembly no later than September 1, 2005. (Source: P.A. 93‑605, eff. 11‑19‑03; 93‑655, eff. 1‑20‑04.)
(725 ILCS 5/107‑1)(from Ch. 38, par. 107‑1) Sec. 107‑1. Definitions. (a) A "warrant of arrest" is a written order from a court directed to a peace officer, or to some other person specifically named, commanding him to arrest a person. (b) A "summons" is a written order issued by a court which commands a person to appear before a court at a stated time and place. (c) A "notice to appear" is a written request issued by a peace officer that a person appear before a court at a stated time and place. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑2)(from Ch. 38, par. 107‑2) Sec. 107‑2. (1) Arrest by Peace Officer. 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. (Source: P.A. 86‑298.)
(725 ILCS 5/107‑3)(from Ch. 38, par. 107‑3) Sec. 107‑3. Arrest by private person. Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed. (Source: Laws 1963, p. 2836.)
(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 5/107‑5)(from Ch. 38, par. 107‑5) Sec. 107‑5. Method of arrest. (a) An arrest is made by an actual restraint of the person or by his submission to custody. (b) An arrest may be made on any day and at any time of the day or night. (c) An arrest may be made anywhere within the jurisdiction of this State. (d) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑6)(from Ch. 38, par. 107‑6) Sec. 107‑6. Release by officer of person arrested. A peace officer who arrests a person without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested. (Source: Laws 1963, p. 2836.)
(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 5/107‑8)(from Ch. 38, par. 107‑8) Sec. 107‑8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18. (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer. (c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer. (Source: P.A. 80‑360.)
(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
charged;
(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
or county where issued;
(5) Be signed by the judge of the court with the
title of his office;
(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 5/107‑10)(from Ch. 38, par. 107‑10) Sec. 107‑10. Defective warrant. A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused. (Source: Laws 1963, p. 2836.)
(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
her address, if known;
(3) Set forth the nature of the offense; (4) State the date when issued and the municipality
or county where issued;
(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
certain time and place.
(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.)
(725 ILCS 5/107‑12)(from Ch. 38, par. 107‑12) Sec. 107‑12. Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear. (b) The notice shall: (1) Be in writing; (2) State the name of the person and his address, if known; (3) Set forth the nature of the offense; (4) Be signed by the officer issuing the notice; and (5) Request the person to appear before a court at a certain time and place. (c) Upon failure of the person to appear a summons or warrant of arrest may issue. (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear. (Source: P.A. 83‑693.)
(725 ILCS 5/107‑13)(from Ch. 38, par. 107‑13) Sec. 107‑13. Offenses committed by corporations. (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before a court at a certain time and place. (b) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action. (c) If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and such court shall proceed to trial and judgment without further process. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑14)(from Ch. 38, par. 107‑14) Sec. 107‑14. Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102‑‑15 of this Code, and may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped. (Source: Laws 1968, p. 218.)
(725 ILCS 5/107‑15) Sec. 107‑15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by any one of them commanded or summoned for that purpose; every such officer who does not do his or her duty in the premises is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/107‑16) Sec. 107‑16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/Art. 107A heading)
ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE
(Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑5) Sec. 107A‑5. Lineup and photo spread procedure. (a) All lineups shall be photographed or otherwise recorded. These photographs shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. All photographs of suspects shown to an eyewitness during the photo spread shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. (b) Each eyewitness who views a lineup or photo spread shall sign a form containing the following information: (1) The suspect might not be in the lineup or photo
spread and the eyewitness is not obligated to make an identification.
(2) The eyewitness should not assume that the person
administering the lineup or photo spread knows which person is the suspect in the case.
(c) Suspects in a lineup or photo spread should not appear to be substantially different from "fillers" or "distracters" in the lineup or photo spread, based on the eyewitness' previous description of the perpetrator, or based on other factors that would draw attention to the suspect. (Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑10) Sec. 107A‑10. Pilot study on sequential lineup procedures. (a) Legislative intent. Because the goal of a police investigation is to apprehend the person or persons responsible for committing a crime, it is useful to conduct a pilot study in the field on the effectiveness of the sequential method for lineup procedures. (b) Establishment of pilot jurisdictions. The Department of State Police shall select 3 police departments to participate in a one‑year pilot study on the effectiveness of the sequential lineup method for photo and live lineup procedures. One such pilot jurisdiction shall be a police district within a police department in a municipality whose population is at least 500,000 residents; one such pilot jurisdiction shall be a police department in a municipality whose population is at least 100,000 but less than 500,000; and one such pilot jurisdiction shall be a police department in a municipality whose population is less than 100,000. All such pilot jurisdictions shall be selected no later than July 1, 2004. (c) Sequential lineup procedures in pilot jurisdictions. For any offense alleged to have been committed in a pilot jurisdiction on or after July 1, 2004, selected lineup identification procedure shall be presented in the sequential method in which a witness is shown lineup participants one at a time, using the following procedures: (1) The witness shall be requested to state whether
the individual shown is the perpetrator of the crime prior to viewing the next lineup participant. Only one member of the lineup shall be a suspect and the remainder shall be "fillers" who are not suspects but fit the general description of the offender without the suspect unduly standing out;
(2) The lineup administrator shall be someone who is
not aware of which member of the lineup is the suspect in the case; and
(3) Prior to presenting the lineup using the
sequential method the lineup administrator shall:
(A) Inform the witness that the perpetrator may
or may not be among those shown, and the witness should not feel compelled to make an identification;
(B) Inform the witness that he or she will view
individuals one at a time and will be requested to state whether the individual shown is the perpetrator of the crime, prior to viewing the next lineup participant; and
(C) Ask the witness to state in his or her own
words how sure he or she is that the person identified is the actual offender. During the statement, or as soon thereafter as reasonably possible, the witness's actual words shall be documented.
(d) Application. This Section applies to selected live lineups that are composed and presented at a police station and to selected photo lineups regardless of where presented; provided that this Section does not apply in police investigations in which a spontaneous identification is possible and no lineup procedure is being used. This Section does not affect the right to counsel afforded by the U.S. or Illinois Constitutions or State law at any stage of a criminal proceeding. (e) Selection of lineups. The participating jurisdictions shall develop a protocol for the selection and administration of lineups which is practical, designed to elicit information for comparative evaluation purposes, and is consistent with objective scientific research methodology. (f) Training and administrators. The Department of State Police shall offer training to police officers and any other appropriate personnel on the sequential method of conducting lineup procedures in the pilot jurisdictions and the requirements of this Section. The Department of State Police may seek funding for training and administration from the Illinois Criminal Justice Information Authority and the Illinois Law Enforcement Training Standards Board if necessary. (g) Report on the pilot study. The Department of State Police shall gather information from each of the participating police departments selected as a pilot jurisdiction with respect to the effectiveness of the sequential method for lineup procedures and shall file a report of its findings with the Governor and the General Assembly no later than September 1, 2005. (Source: P.A. 93‑605, eff. 11‑19‑03; 93‑655, eff. 1‑20‑04.)
(725 ILCS 5/Art. 108 heading)
ARTICLE 108. SEARCH AND SEIZURE
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(725 ILCS 5/107‑1)(from Ch. 38, par. 107‑1) Sec. 107‑1. Definitions. (a) A "warrant of arrest" is a written order from a court directed to a peace officer, or to some other person specifically named, commanding him to arrest a person. (b) A "summons" is a written order issued by a court which commands a person to appear before a court at a stated time and place. (c) A "notice to appear" is a written request issued by a peace officer that a person appear before a court at a stated time and place. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑2)(from Ch. 38, par. 107‑2) Sec. 107‑2. (1) Arrest by Peace Officer. 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. (Source: P.A. 86‑298.)
(725 ILCS 5/107‑3)(from Ch. 38, par. 107‑3) Sec. 107‑3. Arrest by private person. Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed. (Source: Laws 1963, p. 2836.)
(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 5/107‑5)(from Ch. 38, par. 107‑5) Sec. 107‑5. Method of arrest. (a) An arrest is made by an actual restraint of the person or by his submission to custody. (b) An arrest may be made on any day and at any time of the day or night. (c) An arrest may be made anywhere within the jurisdiction of this State. (d) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑6)(from Ch. 38, par. 107‑6) Sec. 107‑6. Release by officer of person arrested. A peace officer who arrests a person without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested. (Source: Laws 1963, p. 2836.)
(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 5/107‑8)(from Ch. 38, par. 107‑8) Sec. 107‑8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18. (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer. (c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer. (Source: P.A. 80‑360.)
(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
charged;
(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
or county where issued;
(5) Be signed by the judge of the court with the
title of his office;
(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 5/107‑10)(from Ch. 38, par. 107‑10) Sec. 107‑10. Defective warrant. A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused. (Source: Laws 1963, p. 2836.)
(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
her address, if known;
(3) Set forth the nature of the offense; (4) State the date when issued and the municipality
or county where issued;
(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
certain time and place.
(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.)
(725 ILCS 5/107‑12)(from Ch. 38, par. 107‑12) Sec. 107‑12. Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear. (b) The notice shall: (1) Be in writing; (2) State the name of the person and his address, if known; (3) Set forth the nature of the offense; (4) Be signed by the officer issuing the notice; and (5) Request the person to appear before a court at a certain time and place. (c) Upon failure of the person to appear a summons or warrant of arrest may issue. (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear. (Source: P.A. 83‑693.)
(725 ILCS 5/107‑13)(from Ch. 38, par. 107‑13) Sec. 107‑13. Offenses committed by corporations. (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before a court at a certain time and place. (b) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action. (c) If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and such court shall proceed to trial and judgment without further process. (Source: Laws 1963, p. 2836.)
(725 ILCS 5/107‑14)(from Ch. 38, par. 107‑14) Sec. 107‑14. Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102‑‑15 of this Code, and may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped. (Source: Laws 1968, p. 218.)
(725 ILCS 5/107‑15) Sec. 107‑15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by any one of them commanded or summoned for that purpose; every such officer who does not do his or her duty in the premises is guilty of a Class B misdemeanor. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/107‑16) Sec. 107‑16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed. (Source: P.A. 89‑234, eff. 1‑1‑96.)
(725 ILCS 5/Art. 107A heading)
ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE
(Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑5) Sec. 107A‑5. Lineup and photo spread procedure. (a) All lineups shall be photographed or otherwise recorded. These photographs shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. All photographs of suspects shown to an eyewitness during the photo spread shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. (b) Each eyewitness who views a lineup or photo spread shall sign a form containing the following information: (1) The suspect might not be in the lineup or photo
spread and the eyewitness is not obligated to make an identification.
(2) The eyewitness should not assume that the person
administering the lineup or photo spread knows which person is the suspect in the case.
(c) Suspects in a lineup or photo spread should not appear to be substantially different from "fillers" or "distracters" in the lineup or photo spread, based on the eyewitness' previous description of the perpetrator, or based on other factors that would draw attention to the suspect. (Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑10) Sec. 107A‑10. Pilot study on sequential lineup procedures. (a) Legislative intent. Because the goal of a police investigation is to apprehend the person or persons responsible for committing a crime, it is useful to conduct a pilot study in the field on the effectiveness of the sequential method for lineup procedures. (b) Establishment of pilot jurisdictions. The Department of State Police shall select 3 police departments to participate in a one‑year pilot study on the effectiveness of the sequential lineup method for photo and live lineup procedures. One such pilot jurisdiction shall be a police district within a police department in a municipality whose population is at least 500,000 residents; one such pilot jurisdiction shall be a police department in a municipality whose population is at least 100,000 but less than 500,000; and one such pilot jurisdiction shall be a police department in a municipality whose population is less than 100,000. All such pilot jurisdictions shall be selected no later than July 1, 2004. (c) Sequential lineup procedures in pilot jurisdictions. For any offense alleged to have been committed in a pilot jurisdiction on or after July 1, 2004, selected lineup identification procedure shall be presented in the sequential method in which a witness is shown lineup participants one at a time, using the following procedures: (1) The witness shall be requested to state whether
the individual shown is the perpetrator of the crime prior to viewing the next lineup participant. Only one member of the lineup shall be a suspect and the remainder shall be "fillers" who are not suspects but fit the general description of the offender without the suspect unduly standing out;
(2) The lineup administrator shall be someone who is
not aware of which member of the lineup is the suspect in the case; and
(3) Prior to presenting the lineup using the
sequential method the lineup administrator shall:
(A) Inform the witness that the perpetrator may
or may not be among those shown, and the witness should not feel compelled to make an identification;
(B) Inform the witness that he or she will view
individuals one at a time and will be requested to state whether the individual shown is the perpetrator of the crime, prior to viewing the next lineup participant; and
(C) Ask the witness to state in his or her own
words how sure he or she is that the person identified is the actual offender. During the statement, or as soon thereafter as reasonably possible, the witness's actual words shall be documented.
(d) Application. This Section applies to selected live lineups that are composed and presented at a police station and to selected photo lineups regardless of where presented; provided that this Section does not apply in police investigations in which a spontaneous identification is possible and no lineup procedure is being used. This Section does not affect the right to counsel afforded by the U.S. or Illinois Constitutions or State law at any stage of a criminal proceeding. (e) Selection of lineups. The participating jurisdictions shall develop a protocol for the selection and administration of lineups which is practical, designed to elicit information for comparative evaluation purposes, and is consistent with objective scientific research methodology. (f) Training and administrators. The Department of State Police shall offer training to police officers and any other appropriate personnel on the sequential method of conducting lineup procedures in the pilot jurisdictions and the requirements of this Section. The Department of State Police may seek funding for training and administration from the Illinois Criminal Justice Information Authority and the Illinois Law Enforcement Training Standards Board if necessary. (g) Report on the pilot study. The Department of State Police shall gather information from each of the participating police departments selected as a pilot jurisdiction with respect to the effectiveness of the sequential method for lineup procedures and shall file a report of its findings with the Governor and the General Assembly no later than September 1, 2005. (Source: P.A. 93‑605, eff. 11‑19‑03; 93‑655, eff. 1‑20‑04.)
