101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5803

 

Introduced 11/10/2020, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-5  from Ch. 38, par. 7-5
720 ILCS 5/7-6  from Ch. 38, par. 7-6

    Amends the Criminal Code of 2012. Provides that a peace officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a peace officer and to warn that deadly force may be used, unless the officer has reasonable grounds to believe the person is aware of those facts. Provides that a peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself, if a reasonable officer would believe that the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. Provides that the authority to use physical force conferred on peace officers is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. Provides that peace officers shall use deadly force only when necessary in defense of human life. Provides that officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer. Provides that the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. Provides that the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. Provides that law enforcement agencies are encouraged to adopt and develop policies designed to protect individuals with physical, mental health, developmental, or intellectual disabilities, who are significantly more likely to experience greater levels of physical force during police interactions, as these disabilities may affect the ability of a person to understand or comply with commands from peace officers. Makes other changes. Effective immediately.


LRB101 21583 HEP 72510 b

 

 

A BILL FOR

 

HB5803LRB101 21583 HEP 72510 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 changing
5Sections 7-5 and 7-6 as follows:
 
6    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)
7    Sec. 7-5. Peace officer's use of force in making arrest.
8(a) A peace officer, or any person whom he has summoned or
9directed to assist him, need not retreat or desist from efforts
10to make a lawful arrest because of resistance or threatened
11resistance to the arrest. He is justified in the use of any
12force which he reasonably believes, based on the totality of
13the circumstances, to be necessary to effect the arrest and of
14any force which he reasonably believes, based on the totality
15of the circumstances, to be necessary to defend himself or
16another from bodily harm while making the arrest. However, he
17is justified in using force likely to cause death or great
18bodily harm only when he reasonably believes, based on the
19totality of the circumstances, that such force is necessary to
20prevent death or great bodily harm to himself or such other
21person, or when he reasonably believes, based on the totality
22of the circumstances, both that:
23        (1) Such force is necessary to prevent the arrest from

 

 

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1    being defeated by resistance or escape; and
2        (2) The person to be arrested has committed or
3    attempted a forcible felony which involves the infliction
4    or threatened infliction of great bodily harm or is
5    attempting to escape by use of a deadly weapon, or
6    otherwise indicates that he will endanger human life or
7    inflict great bodily harm unless arrested without delay.
8    As used in this subsection, "retreat" does not mean
9tactical repositioning or other de-escalation tactics.
10    (a-5) Where feasible, a peace officer shall, prior to the
11use of force, make reasonable efforts to identify himself or
12herself as a peace officer and to warn that deadly force may be
13used, unless the officer has reasonable grounds to believe that
14the person is aware of those facts.
15    (a-10) A peace officer shall not use deadly force against a
16person based on the danger that the person poses to himself or
17herself if an reasonable officer would believe the person does
18not pose an imminent threat of death or serious bodily injury
19to the peace officer or to another person.
20    (b) A peace officer making an arrest pursuant to an invalid
21warrant is justified in the use of any force which he would be
22justified in using if the warrant were valid, unless he knows
23that the warrant is invalid.
24    (c) The authority to use physical force conferred on peace
25officers by this Article is a serious responsibility that shall
26be exercised judiciously and with respect for human rights and

 

 

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1dignity and for the sanctity of every human life.
2    (d) Peace officers shall use deadly force only when
3reasonably necessary in defense of human life. In determining
4whether deadly force is reasonably necessary, officers shall
5evaluate each situation in light of the particular
6circumstances of each case and shall use other available
7resources and techniques, if reasonably safe and feasible to a
8reasonable officer.
9    (e) The decision by a peace officer to use force shall be
10evaluated carefully and thoroughly, in a manner that reflects
11the gravity of that authority and the serious consequences of
12the use of force by peace officers, in order to ensure that
13officers use force consistent with law and agency policies.
14    (f) The decision by a peace officer to use force shall be
15evaluated from the perspective of a reasonable officer in the
16same situation, based on the totality of the circumstances
17known to or perceived by the officer at the time of the
18decision, rather than with the benefit of hindsight, and that
19the totality of the circumstances shall account for occasions
20when officers may be forced to make quick judgments about using
21force.
22    (g) Law enforcement agencies are encouraged to adopt and
23develop policies designed to protect individuals with
24physical, mental health, developmental, or intellectual
25disabilities, who are significantly more likely to experience
26greater levels of physical force during police interactions, as

 

 

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1these disabilities may affect the ability of a person to
2understand or comply with commands from peace officers.
3    (h) As used in this Section:
4        (1) "Deadly force" means any use of force that creates
5    a substantial risk of causing death or serious bodily
6    injury, including, but not limited to, the discharge of a
7    firearm.
8        (2) A threat of death or serious bodily injury is
9    "imminent" when, based on the totality of the
10    circumstances, a reasonable officer in the same situation
11    would believe that a person has the present ability,
12    opportunity, and apparent intent to immediately cause
13    death or serious bodily injury to the peace officer or
14    another person. An imminent harm is not merely a fear of
15    future harm, no matter how great the fear and no matter how
16    great the likelihood of the harm, but is one that, from
17    appearances, must be instantly confronted and addressed.
18        (3) "Totality of the circumstances" means all facts
19    known to the peace officer at the time, or that would be
20    known to a reasonable officer in the same situation,
21    including the conduct of the officer and the subject
22    leading up to the use of deadly force.
23(Source: P.A. 84-1426.)
 
24    (720 ILCS 5/7-6)  (from Ch. 38, par. 7-6)
25    Sec. 7-6. Private person's use of force in making arrest.

 

 

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1    (a) A private person who makes, or assists another private
2person in making a lawful arrest is justified in the use of any
3force which he would be justified in using if he were summoned
4or directed by a peace officer to make such arrest, except that
5he is justified in the use of force likely to cause death or
6great bodily harm only to the extent a peace officer is
7permitted to use force under Section 7-5 when he reasonably
8believes that such force is necessary to prevent death or great
9bodily harm to himself or another.
10    (b) A private person who is summoned or directed by a peace
11officer to assist in making an arrest which is unlawful, is
12justified in the use of any force which he would be justified
13in using if the arrest were lawful, unless he knows that the
14arrest is unlawful.
15(Source: Laws 1961, p. 1983.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.