2005 Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963. Article 107 - Arrest
(725 ILCS 5/Art. 107 heading) ARTICLE 107. ARREST
(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, 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 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. 93‑232, eff. 1‑1‑04; 94‑846, eff. 1‑1‑07.)
(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.)
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