102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5130

 

Introduced 1/27/2022, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-5.5

    Amends the Criminal Code of 2012. Defines "chokehold" as the intentional and prolonged application of force to the throat, windpipe, or carotid arteries that prevents or hinders breathing or blood flow, reduces the intake of air, or reduces blood flow to the head (rather than applying any direct pressure to the throat, windpipe, or airway of another).


LRB102 22376 RLC 31515 b

 

 

A BILL FOR

 

HB5130LRB102 22376 RLC 31515 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
5changing Section 7-5.5 as follows:
 
6    (720 ILCS 5/7-5.5)
7    Sec. 7-5.5. Prohibited use of force by a peace officer.
8    (a) A peace officer, or any other person acting under the
9color of law, shall not use a chokehold or restraint above the
10shoulders with risk of asphyxiation in the performance of his
11or her duties, unless deadly force is justified under this
12Article 7 of this Code.
13    (b) A peace officer, or any other person acting under the
14color of law, shall not use a chokehold or restraint above the
15shoulders with risk of asphyxiation, or any lesser contact
16with the throat or neck area of another, in order to prevent
17the destruction of evidence by ingestion.
18    (c) As used in this Section, "chokehold" means the
19intentional and prolonged application of force to the throat,
20windpipe, or carotid arteries that prevents or hinders
21breathing or blood flow, reduces the intake of air, or reduces
22blood flow to the head applying any direct pressure to the
23throat, windpipe, or airway of another. "Chokehold" does not

 

 

HB5130- 2 -LRB102 22376 RLC 31515 b

1include any holding involving contact with the neck that is
2not intended to reduce the intake of air such as a headlock
3where the only pressure applied is to the head.
4    (d) As used in this Section, "restraint above the
5shoulders with risk of positional asphyxiation" means a use of
6a technique used to restrain a person above the shoulders,
7including the neck or head, in a position which interferes
8with the person's ability to breathe after the person no
9longer poses a threat to the officer or any other person.
10    (e) A peace officer, or any other person acting under the
11color of law, shall not:
12        (i) use force as punishment or retaliation;
13        (ii) discharge kinetic impact projectiles and all
14    other non-lethal or non-or less-lethal projectiles in a
15    manner that targets the head, neck, groin, anterior
16    pelvis, or back;
17        (iii) discharge conducted electrical weapons in a
18    manner that targets the head, chest, neck, groin, or
19    anterior pelvis;
20        (iv) discharge firearms or kinetic impact projectiles
21    indiscriminately into a crowd;
22        (v) use chemical agents or irritants for crowd
23    control, including pepper spray and tear gas, prior to
24    issuing an order to disperse in a sufficient manner to
25    allow for the order to be heard and repeated if necessary,
26    followed by sufficient time and space to allow compliance

 

 

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1    with the order unless providing such time and space would
2    unduly place an officer or another person at risk of death
3    or great bodily harm; or
4        (vi) use chemical agents or irritants, including
5    pepper spray and tear gas, prior to issuing an order in a
6    sufficient manner to ensure the order is heard, and
7    repeated if necessary, to allow compliance with the order
8    unless providing such time and space would unduly place an
9    officer or another person at risk of death or great bodily
10    harm.
11(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
12revised 8-2-21.)