HB2736 100TH GENERAL ASSEMBLY

LRB100 10710 RLC 20938 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2736

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

720 ILCS 5/7-5

from Ch. 38, par. 7-5

Amends the Criminal Code of 2012. Provides that a peace officer is justified in using force likely to cause death or great bodily harm only when the officer reasonably believes that the force is necessary to prevent death or great bodily harm to the officer or the other person, or when the officer reasonably believes both that: (1) the force is necessary to prevent the arrest from being defeated by resistance or escape, the officer reasonably believes that the person to be arrested cannot be apprehended at a later date, and the officer reasonably believes that the person to be arrested is likely to cause great bodily harm to another; and (2) the person to be arrested just committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm and is attempting to escape by use of a deadly weapon, or otherwise indicates that the person will endanger human life or inflict great bodily harm unless arrested without delay.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 7-5 as follows:

(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

Sec. 7-5. Peace officer's use of force in making arrest.

(a) A peace officer, or any person whom the officer he has summoned or directed to assist the officer him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer He is justified in the use of any force which the officer he reasonably believes to be necessary to effect the arrest and of any force which the officer he reasonably believes to be necessary to defend the officer himself or another from bodily harm while making the arrest. However, the officer he is justified in using force likely to cause death or great bodily harm only when the officer he reasonably believes that the such force is necessary to prevent death or great bodily harm to the officer himself or the such other person, or when the officer he reasonably believes both that:

(1) the Such force is necessary to prevent the arrest from being defeated by resistance or escape, the officer reasonably believes that the person to be arrested cannot be apprehended at a later date, and the officer reasonably believes that the person to be arrested is likely to cause great bodily harm to another; and

(2) the The person to be arrested just has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm and or is attempting to escape by use of a deadly weapon, or otherwise indicates that the person he will endanger human life or inflict great bodily harm unless arrested without delay.

(b) A peace officer making an arrest under pursuant to an invalid warrant is justified in the use of any force which the officer he would be justified in using if the warrant were valid, unless the officer he knows that the warrant is invalid.

(Source: P.A. 84-1426.)