HB 92

Abstract

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 2 Deletes reference to: 720 ILCS 675/0.01 Adds reference to: 725 ILCS 5/107-2 from Ch. 38, par. 107-2 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that whenever a peace officer has a warrant of arrest for the person or has reasonable grounds to believe that a warrant for the person's arrest has been issued and the peace officer has contact with the person because the person: (1) reported that he or she is a victim of sexual assault; or (2) requested or received emergency medical assistance or medical forensic services for sexual assault; if the warrant of arrest is not for a forcible felony as defined in the Criminal Code of 2012 or a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the peace officer shall not arrest the person but shall issue a notice to appear to the person. Defines "sexual assault". Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that whenever a peace officer has a warrant of arrest for the 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 or a violent crime, 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. Provides that the prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. Defines "sexual assault". Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that whenever a peace officer is aware of a warrant of arrest issued by a circuit court of the 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, a violent crime, 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. Provides that the prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. Provides that whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in this provision, 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 the Sexual Assault Incident Procedure Act, the officer shall also inform the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall notify the prosecuting authority to request waiver of the prompt execution of the warrant.