Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

720 ILCS 5/25-6

(720 ILCS 5/25-6) (was 720 ILCS 5/25-2)

Sec. 25-6.

Removal
of chief of police or sheriff for allowing a person in his or her custody to be lynched.

(a) If a prisoner is taken from the custody of any policeman or chief of
police of any municipality and lynched, it shall be prima facie
evidence of wrong-doing on the part of that chief of police and he or she shall be
suspended. The mayor or chief executive of the municipality shall
appoint an acting chief of police until he or she has ascertained whether the
suspended chief of police had done all in his or her power to protect the life of
the prisoner. If, upon hearing all evidence and argument, the mayor or
chief executive finds that the chief of police had done his or her utmost to
protect the prisoner, he or she may reinstate the chief of police; but, if he
or she finds the chief of police guilty of not properly protecting the prisoner, a
new chief of police shall be appointed. Any chief of police replaced is 
not be eligible to serve again in that office.

(b) If a prisoner is taken from the custody of any sheriff or his or her deputy
and lynched, it is prima facie evidence of wrong-doing on the part of that
 sheriff and he or she shall be suspended. The Governor shall appoint an
acting sheriff until he or she has ascertained whether the suspended sheriff had 
done all in his or her power to protect the life of the prisoner. If, upon hearing
all evidence and argument, the Governor finds that the sheriff had done his or her
utmost to protect the prisoner, he or she shall reinstate the sheriff; but, if he or she
finds the sheriff guilty of not properly protecting the prisoner, a new
sheriff shall be duly elected or appointed, pursuant to the existing law
provided for the filling of vacancies in that office. Any sheriff replaced is
 not eligible to serve again in that office.

(Source: P.A. 96-710, eff. 1-1-10.)