725 ILCS 5/107-2 – Arrest By Peace Officer

Posted by Christopher Combs on April 24, 2026

725 ILCS 5/107-2 – Arrest By Peace Officer

This law explains when and how police officers in Illinois can arrest someone and what they must do in certain situations.

This law says that police can arrest people if they have a warrant or good reason to think someone broke the law. It also explains what officers should do to make sure children are safe when a parent is arrested and gives special rules for people needing medical help after a sexual assault.

(1) A police officer can arrest a person when:

The officer has a warrant ordering that the person be arrested; or
The officer has good reason to believe a warrant exists for the person’s arrest in Illinois or another state; or
The officer has good reason to believe the person is committing or has committed a crime.

(2) When a police officer arrests someone, the officer must ask if the person has children under 18 who might need care because of the arrest. The officer should help find a safe place for the children, like with a family member or another responsible adult chosen by the arrested person. If the officer thinks a child might be neglected, they must report it to child protective services right away.

(3) A police officer who acts honestly and arrests someone outside the area where the warrant allows will not be punished for making a false arrest.

(4) If an officer knows there is a warrant for someone’s arrest and meets that person while they are getting emergency medical help or medical exams for sexual assault, and the warrant is not for a serious violent crime, parole violation, or similar, the officer must ask prosecutors to delay making the arrest. The prosecutor can ask the court for permission to wait to carry out the warrant. “Sexual assault” includes actions described as sexual conduct or penetration under Section 11-0.1 of Illinois criminal law.

(4.5) If an officer has a warrant for someone who says they were sexually assaulted within the last 7 days, the officer must tell the person about their right to free medical care and evidence collection. If the person decides to go to the hospital, the officer must tell prosecutors to ask the court to delay making the arrest until after the person gets care.

View the full statute here.