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Public Act 92-0810
HB4354 Enrolled LRB9214093REpk
AN ACT in relation to local governmental employees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-1002 as follows:
(55 ILCS 5/5-1002) (from Ch. 34, par. 5-1002)
Sec. 5-1002. Indemnity of sheriff or deputy. If any
injury to the person or property of another is caused by a
sheriff or any deputy sheriff, while the sheriff or deputy is
engaged in the performance of his or her duties as such, and
without the contributory negligence of the injured person or
the owner of the injured property, or the agent or servant of
the injured person or owner, the county shall indemnify the
sheriff or deputy, as the case may be, for any judgment
recovered against him or her as the result of that injury,
except where the injury results from the wilful misconduct of
the sheriff or deputy, as the case may be, to the extent of
not to exceed $1,000,000 $500,000, including costs of action.
Any sheriff or deputy, as the case may be, or any person who,
at the time of performing such an act complained of, was a
sheriff or deputy sheriff, who is made a party defendant to
any such action shall, within 10 days of service of process
upon him or her, notify the county, of the fact that the
action has been instituted, and that he or she has been made
a party defendant to the action. The notice must be in
writing, and be filed in the office of the State's Attorney
and also in the office of the county clerk, either by himself
or herself, his or her agent or attorney. The notice shall
state in substance, that the sheriff or deputy sheriff, as
the case may be, (naming him or her), has been served with
process and made a party defendant to an action wherein it is
claimed that a person has suffered injury to his or her
person or property caused by that sheriff or deputy sheriff
stating the title and number of the case; the Court wherein
the action is pending; and the date the sheriff or deputy
sheriff was served with process in the action, and made a
party defendant thereto. The county which is or may be
liable to indemnify the sheriff or deputy sheriff, as the
case may be, may intervene in the action against the sheriff
or deputy sheriff, as the case may be, and shall be permitted
to appear and defend. The duty of the county to indemnify any
sheriff or deputy sheriff for any judgment recovered against
him or her is conditioned upon receiving notice of the filing
of any such action in the manner and form hereinabove
described.
(Source: P.A. 86-962; 87-1141.)
Section 10. The Illinois Municipal Code is amended by
changing Section 1-4-6 as follows:
(65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
Sec. 1-4-6. In case any injury to the person or property
of another is caused by a member of the police department of
a municipality having a population of less than 500,000 while
the member is engaged in the performance of his or her duties
as a police officer, and without the contributory negligence
of the injured person or the owner of the injured property,
or the agent or servant of the injured person or owner, the
municipality in whose behalf the member of the municipal
police department is performing his or her duties as police
officer shall indemnify the police officer for any judgment
recovered against him or her as the result of such injury,
except where the injury results from the wilful misconduct of
the police officer, to the extent of not to exceed $1,000,000
$500,000 including costs of the action. Any police officer,
or any person who, at the time of performing such an act
complained of, was a police officer, who is made a party
defendant to any such action shall, within 10 days of service
of process upon him or her, notify the municipality by whom
he or she is or was employed, of the fact that the action
has been instituted, and that he or she has been made a party
defendant to the same. Such notice shall be in writing, and
shall be filed in the office of the city attorney or
corporation counsel, if there is a city attorney or
corporation counsel, and also in the office of the municipal
clerk, either by himself, his or her agent, or attorney. The
notice shall state in substance, that such police officer,
(naming him or her), has been served with process and made a
party defendant to an action wherein it is claimed that a
person has suffered injury to his or her person or property
caused by such police officer; stating the title and number
of the case; the court wherein the same is pending; and the
date such police officer was served with process in such
action, and made a party defendant thereto. The municipality
which is or may be liable to indemnify the police officer
shall have the right to intervene in the suit against the
police officer, and shall be permitted to appear and defend.
The duty of the city to indemnify any such policeman for any
judgment recovered against him shall be conditioned upon
receiving notice of the filing of any such action in the
manner and form hereinabove described.
For the purposes of this Section, no civilian defense
worker, nor any member of any agency engaged in any civilian
defense activity, performing services as a part of any
civilian defense program, shall be considered to be a member
of a municipal police department.
If any person in obeying the command of any such
policeman to assist in arresting or securing an offender is
killed or injured, or his or her property or that of his or
her employer is damaged, and such death, injury or damage
arises out of and in the course of aiding such policeman in
arresting, or endeavoring to arrest, a person or retaking or
endeavoring to re-take a person who has escaped from legal
custody, the person or employer so injured, or whose property
is so damaged, or the personal representatives of the person
so killed, shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by
which such police officer is employed at the time such
command is obeyed.
If a police officer is acting within a municipality other
than his or her employing municipality under an agreement
pursuant to Section 11-1-2.1, the liability or obligation to
indemnify imposed by this Section does not extend to both
municipalities. Only that municipality designated by the
agreement is subject to such liability or obligation to
indemnify, but, if the agreement is silent as to such
liability or obligation, then the municipality by which the
police officer is employed is subject to such liability or
obligation.
If a police officer is acting within a municipality other
than his or her employing municipality under the provisions
of Section 1-4-8, the liability or obligation to indemnify
imposed by this Section shall be the liability or obligation
of the requesting municipality only. The notice required in
this Section 1-4-6 shall be given to the municipality in
which he was acting if other than his employing municipality.
(Source: P.A. 86-470.)
Section 15. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Sections
2-302 and 9-102 as follows:
(745 ILCS 10/2-302) (from Ch. 85, par. 2-302)
Sec. 2-302. If any claim or action is instituted against
an employee of a local public entity based on an injury
allegedly arising out of an act or omission occurring within
the scope of his employment as such employee, the entity may
elect to do any one or more of the following:
(a) appear and defend against the claim or action;
(b) indemnify the employee or former employee for
his court costs or reasonable attorney's fees, or both,
incurred in the defense of such claim or action;
(c) pay, or indemnify the employee or former
employee for a judgment based on such claim or action;,
or
(d) pay, or indemnify the employee or former
employee for, a compromise or settlement of such a claim
or action.
It is hereby declared to be the public policy of this
State, however, that no local public entity may elect to
indemnify an employee for any portion of a judgment
representing an award of punitive or exemplary damages.
(Source: P.A. 84-1431.)
(745 ILCS 10/9-102) (from Ch. 85, par. 9-102)
Sec. 9-102. A local public entity is empowered and
directed to pay any tort judgment or settlement for
compensatory damages (and may pay any associated attorney's
fees and costs) for which it or an employee while acting
within the scope of his employment is liable in the manner
provided in this Article. All other provisions of this
Article, including but not limited to the payment of
judgments and settlements in installments, the issuance of
bonds, the maintenance of rates and charges, and the levy of
taxes shall be equally applicable to judgments or settlements
relating to both a local public entity or an employee and
those undertakings assumed by a local public entity in
intergovernmental joint self-insurance contracts. A local
public entity may make payments to settle or compromise a
claim or action which has been or might be filed or
instituted against it when the governing body or person
vested by law or ordinance with authority to make over-all
policy decisions for such entity considers it advisable to
enter into such a settlement or compromise.
(Source: P.A. 84-1431.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 30, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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