HB1462 99TH GENERAL ASSEMBLY

LRB099 06687 RLC 26761 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1462

Introduced 2/6/2015, by Rep. Pamela Reaves-Harris

SYNOPSIS AS INTRODUCED:

New Act

Creates the Peace Officer Chokehold Prohibition Act. Provides that a peace officer may not apply a chokehold to effect the arrest of a person, unless faced with a situation in which the use of deadly force is justified under the Justifiable Use of Force; Exoneration Article of the Criminal Code of 2012. Provides that a peace officer who violates this provision is guilty of a Class A misdemeanor. Effective January 1, 2016.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Peace Officer Chokehold Prohibition Act.

Section 5. Definitions. In this Act:

"Chokehold" means a method by which a person holds another person by putting his or her arm around the other person's neck with sufficient pressure to make breathing difficult or impossible and includes, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.

"Peace officer" has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.

Section 10. Chokeholds prohibited; exception. A peace officer may not apply a chokehold to effect the arrest of a person, unless faced with a situation in which the use of deadly force is justified under Article 7 of the Criminal Code of 2012.

Section 15. Sentence. A violation of this Act is a Class A misdemeanor.

Section 999. Effective date. This Act takes effect January 1, 2016.