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Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

720 ILCS 5/7-5.5

    (720 ILCS 5/7-5.5)
    (Text of Section before amendment by P.A. 101-652)
    Sec. 7-5.5. Prohibited use of force by a peace officer.
    (a) A peace officer shall not use a chokehold in the performance of his or her duties, unless deadly force is justified under Article 7 of this Code.
    (b) A peace officer shall not use a chokehold, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion.
    (c) As used in this Section, "chokehold" means applying any direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air. "Chokehold" does not include any holding involving contact with the neck that is not intended to reduce the intake of air.
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
    (Text of Section after amendment by P.A. 101-652)
    Sec. 7-5.5. Prohibited use of force by a peace officer.
    (a) A peace officer, or any person acting on behalf of a peace officer, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation in the performance of his or her duties, unless deadly force is justified under Article 7 of this Code.
    (b) A peace officer, or any person acting on behalf of a peace officer, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion.
    (c) As used in this Section, "chokehold" means applying any direct pressure to the throat, windpipe, or airway of another.
    (d) As used in this Section, "restraint above the shoulders with risk of positional asphyxiation" means a use of a technique used to restrain a person above the shoulders, including the neck or head, in a position which interferes with the person's ability to breathe after the person no longer poses a threat to the officer or any other person.
    (e) A peace officer, or any person acting on behalf of a peace officer, shall not:
        (i) use force as punishment or retaliation;
        (ii) discharge kinetic impact projectiles and all
    
other non-or less-lethal projectiles in a manner that targets the head, pelvis, or back;
        (iii) discharge firearms or kinetic impact
    
projectiles indiscriminately into a crowd; or
        (iv) use chemical agents or irritants, including
    
pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.
(Source: P.A. 101-652, eff. 7-1-21.)