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|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
|[ House Amendment 001 ]|
92_HB4354sam001 LRB9214093EGfgam02 1 AMENDMENT TO HOUSE BILL 4354 2 AMENDMENT NO. . Amend House Bill 4354 by replacing 3 the title with the following: 4 "AN ACT in relation to local governmental employees."; 5 and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Counties Code is amended by changing 9 Section 5-1002 as follows: 10 (55 ILCS 5/5-1002) (from Ch. 34, par. 5-1002) 11 Sec. 5-1002. Indemnity of sheriff or deputy. If any 12 injury to the person or property of another is caused by a 13 sheriff or any deputy sheriff, while the sheriff or deputy is 14 engaged in the performance of his or her duties as such, and 15 without the contributory negligence of the injured person or 16 the owner of the injured property, or the agent or servant of 17 the injured person or owner, the county shall indemnify the 18 sheriff or deputy, as the case may be, for any judgment 19 recovered against him or her as the result of that injury, 20 except where the injury results from the wilful misconduct of 21 the sheriff or deputy, as the case may be, to the extent of -2- LRB9214093EGfgam02 1 not to exceed $1,000,000
$500,000, including costs of action. 2 Any sheriff or deputy, as the case may be, or any person who, 3 at the time of performing such an act complained of, was a 4 sheriff or deputy sheriff, who is made a party defendant to 5 any such action shall, within 10 days of service of process 6 upon him or her, notify the county, of the fact that the 7 action has been instituted, and that he or she has been made 8 a party defendant to the action. The notice must be in 9 writing, and be filed in the office of the State's Attorney 10 and also in the office of the county clerk, either by himself 11 or herself, his or her agent or attorney. The notice shall 12 state in substance, that the sheriff or deputy sheriff, as 13 the case may be, (naming him or her), has been served with 14 process and made a party defendant to an action wherein it is 15 claimed that a person has suffered injury to his or her 16 person or property caused by that sheriff or deputy sheriff 17 stating the title and number of the case; the Court wherein 18 the action is pending; and the date the sheriff or deputy 19 sheriff was served with process in the action, and made a 20 party defendant thereto. The county which is or may be 21 liable to indemnify the sheriff or deputy sheriff, as the 22 case may be, may intervene in the action against the sheriff 23 or deputy sheriff, as the case may be, and shall be permitted 24 to appear and defend. The duty of the county to indemnify any 25 sheriff or deputy sheriff for any judgment recovered against 26 him or her is conditioned upon receiving notice of the filing 27 of any such action in the manner and form hereinabove 28 described. 29 (Source: P.A. 86-962; 87-1141.) 30 Section 10. The Illinois Municipal Code is amended by 31 changing Section 1-4-6 as follows: 32 (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6) -3- LRB9214093EGfgam02 1 Sec. 1-4-6. In case any injury to the person or property 2 of another is caused by a member of the police department of 3 a municipality having a population of less than 500,000 while 4 the member is engaged in the performance of his or her duties 5 as a police officer, and without the contributory negligence 6 of the injured person or the owner of the injured property, 7 or the agent or servant of the injured person or owner, the 8 municipality in whose behalf the member of the municipal 9 police department is performing his or her duties as police 10 officer shall indemnify the police officer for any judgment 11 recovered against him or her as the result of such injury, 12 except where the injury results from the wilful misconduct of 13 the police officer, to the extent of not to exceed $1,000,000 14 $500,000including costs of the action. Any police officer, 15 or any person who, at the time of performing such an act 16 complained of, was a police officer, who is made a party 17 defendant to any such action shall, within 10 days of service 18 of process upon him or her, notify the municipality by whom 19 he or she is or was employed, of the fact that the action 20 has been instituted, and that he or she has been made a party 21 defendant to the same. Such notice shall be in writing, and 22 shall be filed in the office of the city attorney or 23 corporation counsel, if there is a city attorney or 24 corporation counsel, and also in the office of the municipal 25 clerk, either by himself, his or her agent, or attorney. The 26 notice shall state in substance, that such police officer, 27 (naming him or her), has been served with process and made a 28 party defendant to an action wherein it is claimed that a 29 person has suffered injury to his or her person or property 30 caused by such police officer; stating the title and number 31 of the case; the court wherein the same is pending; and the 32 date such police officer was served with process in such 33 action, and made a party defendant thereto. The municipality 34 which is or may be liable to indemnify the police officer -4- LRB9214093EGfgam02 1 shall have the right to intervene in the suit against the 2 police officer, and shall be permitted to appear and defend. 3 The duty of the city to indemnify any such policeman for any 4 judgment recovered against him shall be conditioned upon 5 receiving notice of the filing of any such action in the 6 manner and form hereinabove described. 7 For the purposes of this Section, no civilian defense 8 worker, nor any member of any agency engaged in any civilian 9 defense activity, performing services as a part of any 10 civilian defense program, shall be considered to be a member 11 of a municipal police department. 12 If any person in obeying the command of any such 13 policeman to assist in arresting or securing an offender is 14 killed or injured, or his or her property or that of his or 15 her employer is damaged, and such death, injury or damage 16 arises out of and in the course of aiding such policeman in 17 arresting, or endeavoring to arrest, a person or retaking or 18 endeavoring to re-take a person who has escaped from legal 19 custody, the person or employer so injured, or whose property 20 is so damaged, or the personal representatives of the person 21 so killed, shall have a cause of action to recover the amount 22 of such damage or injury against the municipal corporation by 23 which such police officer is employed at the time such 24 command is obeyed. 25 If a police officer is acting within a municipality other 26 than his or her employing municipality under an agreement 27 pursuant to Section 11-1-2.1, the liability or obligation to 28 indemnify imposed by this Section does not extend to both 29 municipalities. Only that municipality designated by the 30 agreement is subject to such liability or obligation to 31 indemnify, but, if the agreement is silent as to such 32 liability or obligation, then the municipality by which the 33 police officer is employed is subject to such liability or 34 obligation. -5- LRB9214093EGfgam02 1 If a police officer is acting within a municipality other 2 than his or her employing municipality under the provisions 3 of Section 1-4-8, the liability or obligation to indemnify 4 imposed by this Section shall be the liability or obligation 5 of the requesting municipality only. The notice required in 6 this Section 1-4-6 shall be given to the municipality in 7 which he was acting if other than his employing municipality. 8 (Source: P.A. 86-470.) 9 Section 15. The Local Governmental and Governmental 10 Employees Tort Immunity Act is amended by changing Sections 11 2-302 and 9-102 as follows: 12 (745 ILCS 10/2-302) (from Ch. 85, par. 2-302) 13 Sec. 2-302. If any claim or action is instituted against 14 an employee of a local public entity based on an injury 15 allegedly arising out of an act or omission occurring within 16 the scope of his employment as such employee, the entity may 17 elect to do any one or more of the following: 18 (a) appear and defend against the claim or action; 19 (b) indemnify the employee or former employee for 20 his court costs or reasonable attorney's fees, or both, 21 incurred in the defense of such claim or action; 22 (c) pay, or indemnify the employee or former 23 employee for a judgment based on such claim or action; ,24 or 25 (d) pay, or indemnify the employee or former 26 employee for, a compromise or settlement of such a claim 27 or action. 28 It is hereby declared to be the public policy of this 29 State, however, that no local public entity may elect to 30 indemnify an employee for any portion of a judgment 31 representing an award of punitive or exemplary damages. 32 (Source: P.A. 84-1431.) -6- LRB9214093EGfgam02 1 (745 ILCS 10/9-102) (from Ch. 85, par. 9-102) 2 Sec. 9-102. A local public entity is empowered and 3 directed to pay any tort judgment or settlement for 4 compensatory damages (and may pay any associated attorney's 5 fees and costs) for which it or an employee while acting 6 within the scope of his employment is liable in the manner 7 provided in this Article. All other provisions of this 8 Article, including but not limited to the payment of 9 judgments and settlements in installments, the issuance of 10 bonds, the maintenance of rates and charges, and the levy of 11 taxes shall be equally applicable to judgments or settlements 12 relating to both a local public entity or an employee and 13 those undertakings assumed by a local public entity in 14 intergovernmental joint self-insurance contracts. A local 15 public entity may make payments to settle or compromise a 16 claim or action which has been or might be filed or 17 instituted against it when the governing body or person 18 vested by law or ordinance with authority to make over-all 19 policy decisions for such entity considers it advisable to 20 enter into such a settlement or compromise. 21 (Source: P.A. 84-1431.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.".
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