Full Text of SB2850 96th General Assembly
SB2850sam001 96TH GENERAL ASSEMBLY
|
Sen. John J. Millner
Filed: 4/12/2010
|
|
09600SB2850sam001 |
|
LRB096 16951 RLJ 39759 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2850
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2850 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 1-4-6, 1-4-8, and 11-1-2.1 as follows:
| 6 |
| (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
| 7 |
| Sec. 1-4-6. Indemnification for injuries caused by a member | 8 |
| of a police department. In case any injury to the person or | 9 |
| property of another is
caused by a member of the police | 10 |
| department of a municipality having a
population of less than | 11 |
| 500,000 while the member is engaged in the
performance of his | 12 |
| or her duties as a police officer, and without the
contributory | 13 |
| negligence of the injured person or the owner of the injured
| 14 |
| property, or the agent or servant of the injured person or | 15 |
| owner, the
municipality in whose behalf the member of the | 16 |
| municipal police department
is performing his or her duties as |
|
|
|
09600SB2850sam001 |
- 2 - |
LRB096 16951 RLJ 39759 a |
|
| 1 |
| police officer shall indemnify the
police officer for any | 2 |
| judgment recovered against him or her as the result
of such | 3 |
| injury, except where the injury results from the wilful | 4 |
| misconduct
of the police officer, to the extent of not to | 5 |
| exceed $1,000,000 including costs of the action. Any police | 6 |
| officer, or any person
who, at the time of performing such an | 7 |
| act complained of, was a police officer,
who is made a party | 8 |
| defendant to any such action shall, within 10 days of
service | 9 |
| of process upon him or her, notify the municipality by whom he | 10 |
| or she
is or was employed, of the fact that the action has been | 11 |
| instituted, and that
he or she has been made a party defendant | 12 |
| to the same. Such notice shall be in
writing, and shall be | 13 |
| filed in the office of the city attorney or corporation
| 14 |
| counsel, if there is a city attorney or corporation counsel, | 15 |
| and also in
the office of the municipal clerk, either by | 16 |
| himself or herself , his or her agent,
or attorney. The notice | 17 |
| shall state in substance, that such police officer,
(naming him | 18 |
| or her), has been served with process and
made a party | 19 |
| defendant to an action wherein it is claimed that a person
has | 20 |
| suffered injury to his or her person or property caused by such
| 21 |
| police officer; stating the title and number of the case;
the | 22 |
| court wherein the same is pending; and the date such police | 23 |
| officer
was served with process in such action, and made a | 24 |
| party defendant
thereto. The municipality which is or may be | 25 |
| liable to indemnify the police
officer shall have the right to | 26 |
| intervene in the suit against
the police officer, and shall be |
|
|
|
09600SB2850sam001 |
- 3 - |
LRB096 16951 RLJ 39759 a |
|
| 1 |
| permitted to appear and defend.
The duty of the city to | 2 |
| indemnify any such
policeman for any judgment recovered against | 3 |
| him or her shall be conditioned upon
receiving notice of the | 4 |
| filing of any such action in the manner and form
hereinabove | 5 |
| described.
| 6 |
| For the purposes of this Section, no civilian defense | 7 |
| worker, nor any
member of any agency engaged in any civilian | 8 |
| defense activity, performing
services as a part of any civilian | 9 |
| defense program, shall be considered to
be a member of a | 10 |
| municipal police department.
| 11 |
| If any person in obeying the command of any such policeman | 12 |
| to assist in
arresting or securing an offender is killed or | 13 |
| injured, or his or her property
or that of his or her employer | 14 |
| is damaged, and such death, injury or damage
arises out of and | 15 |
| in the course of aiding such policeman in arresting, or
| 16 |
| endeavoring to arrest, a person or retaking or endeavoring to | 17 |
| re-take a
person who has escaped from legal custody, the person | 18 |
| or employer so
injured, or whose property is so damaged, or the | 19 |
| personal representatives
of the person so killed, shall have a | 20 |
| cause of action to recover the amount
of such damage or injury | 21 |
| against the municipal corporation by which such
police officer | 22 |
| is employed at the time such command is obeyed.
| 23 |
| If a police officer is acting within a municipality other | 24 |
| than his or her
employing municipality under an agreement | 25 |
| pursuant to Section 11-1-2.1, the
liability or obligation to | 26 |
| indemnify imposed by this Section does not
extend to both |
|
|
|
09600SB2850sam001 |
- 4 - |
LRB096 16951 RLJ 39759 a |
|
| 1 |
| municipalities. Only that municipality designated by the
| 2 |
| agreement is subject to such liability or obligation to | 3 |
| indemnify, but, if
the agreement is silent as to such liability | 4 |
| or obligation, then the
municipality by which the police | 5 |
| officer is employed is subject to such
liability or obligation.
| 6 |
| If a police officer is acting within a municipality other | 7 |
| than his or her
employing municipality under the provisions of | 8 |
| Section 1-4-8, the liability or
obligation to indemnify imposed | 9 |
| by this Section shall be the liability or
obligation of the | 10 |
| requesting municipality only , unless a mutual assistance | 11 |
| agreement to the contrary exits under Section 11-1-2.1 . The | 12 |
| notice required in this
Section 1-4-6 shall be given to the | 13 |
| municipality in which he or she was acting if
other than his or | 14 |
| her employing municipality.
| 15 |
| (Source: P.A. 92-810, eff. 8-21-02.)
| 16 |
| (65 ILCS 5/1-4-8) (from Ch. 24, par. 1-4-8) | 17 |
| Sec. 1-4-8. Police assistance from other municipalities; | 18 |
| liability. In addition to the powers of the police of any | 19 |
| municipality
under Section 7-4-8 of this Act, the corporate | 20 |
| authorities of any
municipality under 500,000 population may | 21 |
| request of any other such
municipality or municipalities its | 22 |
| police and police department equipment,
and any such requested | 23 |
| municipality may furnish its policemen and police
department | 24 |
| equipment, to aid the requesting municipality in suppressing or
| 25 |
| attempting to suppress, any mob action, riot or civil |
|
|
|
09600SB2850sam001 |
- 5 - |
LRB096 16951 RLJ 39759 a |
|
| 1 |
| disturbance occurring
within the requesting municipality, to | 2 |
| preserve the peace, and to protect
the lives, rights and | 3 |
| property of citizens, unless a regardless of whether any
mutual | 4 |
| assistance agreement to the contrary exists under Section | 5 |
| 11-1-2.1 of this Act. | 6 |
| Any municipality requesting and receiving such assistance | 7 |
| from another
jurisdiction shall be liable or obligated to | 8 |
| indemnify the furnishing
police department for any of its | 9 |
| equipment damaged or destroyed, and the
individual policemen so | 10 |
| furnished for any material damage to property,
injury to his or | 11 |
| her person or on account of his or her death, resulting from | 12 |
| the
unlawful activities performed or caused by the mob action, | 13 |
| riot or civil
disturbance, being or attempted to be suppressed | 14 |
| by the requesting
municipality. | 15 |
| Municipalities requesting police assistance under this | 16 |
| Section shall
also be liable for any liability or obligation to | 17 |
| indemnify the furnished
policeman, their legal representatives | 18 |
| in case of death, or the furnishing
municipality or police | 19 |
| department, as the case may be, for any liability or
obligation | 20 |
| to indemnify created by Section 1-4-5 and 1-4-6 which may occur
| 21 |
| as a result of any police assistance furnished under this | 22 |
| Section. | 23 |
| Policemen furnished to other municipalities under this | 24 |
| Section have all
the powers of the police officers of the | 25 |
| requesting municipality and are
subject to the direction of the | 26 |
| chief of police of the requesting
municipality; however, they |
|
|
|
09600SB2850sam001 |
- 6 - |
LRB096 16951 RLJ 39759 a |
|
| 1 |
| shall retain all their pension and disability
rights while so | 2 |
| furnished and working outside of their police district or
| 3 |
| territory. | 4 |
| The corporate authorities of any municipality included in | 5 |
| this Section
may contract to procure necessary liability | 6 |
| insurance to cover any
liability created or imposed by this | 7 |
| Section. | 8 |
| (Source: Laws 1968, p. 26.)
| 9 |
| (65 ILCS 5/11-1-2.1) (from Ch. 24, par. 11-1-2.1)
| 10 |
| Sec. 11-1-2.1. Mutual assistance agreements. In addition | 11 |
| to the powers of the police of any municipality
under Section | 12 |
| 7-4-8 of this Act, the corporate authorities of each
| 13 |
| municipality having a population of less than 500,000 may enter | 14 |
| into
agreements with any other such municipality or | 15 |
| municipalities to furnish
police assistance on request. Such | 16 |
| agreements shall contain provisions in
relation to any | 17 |
| liability, including any liability or obligation to
indemnify | 18 |
| created by Sections 1-4-5, 1-4-6, or 1-4-8 Section 1-4-5 or | 19 |
| Section 1-4-6 , which may occur as a
result of any police | 20 |
| assistance furnished under such agreements.
| 21 |
| Police officers furnishing assistance under such | 22 |
| agreements have all of
the powers of police officers of any | 23 |
| requesting municipality and are
subject to the direction of the | 24 |
| chief of police of a requesting
municipality.
| 25 |
| (Source: Laws 1967, p. 3284.)
|
|
|
|
09600SB2850sam001 |
- 7 - |
LRB096 16951 RLJ 39759 a |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|