100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2290
 
Introduced 1/10/2018, by Sen. Dan McConchie
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/7-13.1 new

     Amends the Criminal Code of 2012.  Provides that a person is justified and exempt from criminal
liability for criminal damage to property or criminal trespass to vehicles and from civil liability for property damage, if the action occurred when he or
she rendered emergency assistance to a person in a locked vehicle, provided the person rendering assistance
acted under certain statutory conditions.
  


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A BILL FOR
 

  
SB2290LRB100 14765 RLC 29585 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by adding 
5Section 7-13.1 as follows:
 
6    (720 ILCS 5/7-13.1 new)
7    Sec. 7-13.1. Persons rendering emergency assistance from a

8locked vehicle exempt from criminal and civil liability.
9    (a) A person is immune from criminal liability for criminal 
10damage to property under Section 21-1 of this Code and criminal 
11trespass to vehicles under Section 21-2 of this Code resulting 
12from his or her forcible entry into a
locked vehicle and from 
13civil liability for
property damage if:
14        (1) the vehicle is not a law enforcement vehicle;
15        (2) a person is present in the vehicle and
the person 
16    rendering assistance has a reasonable belief that the

17    person is in imminent danger of death or
suffering serious 
18    bodily injury;
19        (3)  the person determines that the vehicle is locked 
20    and
that forcible entry is necessary;
21        (4)  the person attempts to contact the person in 
22    imminent danger; 
23        (5) the person makes a reasonable effort to locate the

 
 
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1    owner or operator of the vehicle;
2        (6) the person contacts a local law enforcement agency 
3    or a 9-1-1 emergency telephone system operator prior to

4    forcibly entering the vehicle, and the person does not 
5    interfere
with or  hinder any peace officer or other first 
6    responder
who is discharging or attempting to discharge his 
7    or her duties or fail to obey a lawful order of the peace 
8    officer or other first responder;
9        (7)  the person uses no more force than he or she 
10    believes is
reasonably necessary; and
11        (8) except as otherwise provided in subsection (b) of 
12    this Section, the person rendering assistance remains with 
13    the
person, reasonably close to the vehicle, until
a  law 
14    enforcement officer, emergency medical service provider,

15    or other first responder arrives at the
scene.
16    (b) If it is necessary for the person rendering assistance 
17to
leave the scene before the owner or operator of the vehicle

18returns to the scene, or before a law enforcement officer,

19emergency medical service provider, or
other first responder 
20arrives at the scene, and regardless of
whether or not the 
21person rendering assistance took the person for medical 
22treatment or to an appropriate law enforcement officer prior to 
23leaving the scene,
the person rendering assistance shall:
24        (1)  place a notice on the windshield of the vehicle 
25    that
includes his or her name and contact information and 
26    the name
and contact information of the location, if any, 
 
 
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1    to which the
person rendering assistance took the person 
2    when he or she left the scene; and
3        (2) contact law enforcement or a 9-1-1 emergency 
4    telephone system operator  to advise them of his or her name 
5    and contact
information, that he or she is leaving the 
6    scene, and the name and
contact information of the 
7    location, if any, to which the person
rendering assistance 
8    is taking the person.