99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0065

 

Introduced 1/15/2015, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Reasonable Use of Force Act. Defines "chokehold," "peace officer," and "private security contractor." Provides that peace officers shall use an amount of force reasonably necessary based on the totality of the circumstances to perform a lawful task, effect an arrest, overcome resistance, control a subject, or protect themselves or others from injury. Prohibits reducing a person's ability to breathe due to chest compression, positing a person in any manner that restricts free breathing, or placing a person on his or her stomach unless necessary to overcome resistance and obtain control of a person or to protect themselves or others from injury. Prohibits the use of chokeholds by peace officers and private security contractors unless deadly force is justified under the Criminal Code of 2012. Provides that peace officers shall monitor an arrestee and seek medical attention for an arrestee after they have obtained control of a person and the person has been arrested. Effective immediately.


LRB099 03855 AWJ 23869 b

 

 

A BILL FOR

 

SB0065LRB099 03855 AWJ 23869 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 1. Short title. This Act may be cited as the
5Reasonable Use of Force Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Chokehold" includes, but is not limited to, any pressure
8to a person's throat or windpipe which may prevent or hinder
9breathing or reduce the intake of air.
10    "Peace officer" has the meaning as indicated in Section
112-13 of the Criminal Code of 2012.
12    "Private security contractor" has the meaning as indicated
13in Section 5-10 of the Private Detective, Private Alarm,
14Private Security, Fingerprint Vendor, and Locksmith Act of
152004.
 
16    Section 10. Reasonable force; certain force prohibited;
17monitoring and medical attention.
18    (a) Peace officers shall use an amount of force reasonably
19necessary based on the totality of the circumstances to perform
20a lawful task, effect an arrest, overcome resistance, control a
21subject, or protect themselves or others from injury. Peace
22officers shall refer to the Illinois Law Enforcement Training

 

 

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1and Standards Board's Evaluation of Guidelines for Use of Force
2Training and Article 7 of the Criminal Code of 2012 for
3guidance on the appropriate amount of force to be used to
4effect a lawful purpose.
5    (b) Peace officers shall not do any of the following unless
6necessary to overcome resistance and obtain control of a person
7or to protect themselves or others from injury:
8        (l) reduce a person's ability to breath by compressing
9    their chest through sitting, kneeling, or standing on a
10    person's chest;
11        (2) position a person in any manner that restricts free
12    breathing; or
13        (3) place a person on his or her stomach.
14    (c) Peace officers and private security contractors shall
15not apply a chokehold in the performance of his or her duties
16unless faced with a situation in which the use of deadly force
17is justified under Article 7 of the Criminal Code of 2012.
18    (d) Peace officers shall do all of the following, but not
19limited to, after a peace officer has obtained control of a
20person pursuant to Section 7-5 of the Criminal Code of 2012 and
21this Act, and the person has been arrested:
22        (1) monitor an arrestee until transported to a secure
23    location; and
24        (2) seek medical attention for an arrestee who has
25    injuries or illnesses that the peace officer is or should
26    be aware of.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.