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Illinois Compiled Statutes
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.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/1-3-6
(65 ILCS 5/1-3-6) (from Ch. 24, par. 1-3-6)
Sec. 1-3-6.
Any municipality which has heretofore enacted a regulation or
public record by reference thereto shall not be required to re-enact such
regulation or public record by reason of this Division 3, and all previous
incorporations by reference which would have been valid if this Division 3
had then been in effect, are hereby ratified and declared effective,
provided, however, that the requisite number of copies are forthwith filed
with the clerk of such municipality, if they have not already been so
filed.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 1 Div. 4
(65 ILCS 5/Art. 1 Div. 4 heading)
DIVISION 4.
ACTIONS AGAINST AND
LIABILITIES OF MUNICIPALITIES
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65 ILCS 5/1-4-5
(65 ILCS 5/1-4-5) (from Ch. 24, par. 1-4-5)
Sec. 1-4-5.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of 500,000 or over, while the member is engaged in the
performance of his or her duties as a police officer,
and without the contributory
negligence of the injured person or the owner of the injured property, or
the agent or servant of the injured person or owner, the municipality in
whose behalf the member of the municipal police department is performing
his or her duties as a police officer shall indemnify
the police officer for any judgment
recovered against him or her as the result of such injury, except where
the injury results from the wilful misconduct of the police officer.
A municipality, which is not otherwise required to indemnify
pursuant to this Section, may indemnify a police officer
for any judgment recovered against him or her for injuries
sustained as a result of the police officer's performance
of his duties as a police officer.
For the purposes of this section no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such police officer to assist in
arresting or securing an offender is killed or injured or his or her
property or that of his or her employer is damaged and such death, injury
or damage arises out of and in the course of aiding such police officer in
arresting or endeavoring to arrest a person or retaking or endeavoring to
retake a person who has escaped from legal custody, the person or employer
so injured or whose property is so damaged or the personal representatives
of the person so killed shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
(Source: P.A. 84-551.)
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65 ILCS 5/1-4-6
(65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
Sec. 1-4-6.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of less than 500,000 while the member is engaged in the
performance of his or her duties as a police officer, and without the
contributory negligence of the injured person or the owner of the injured
property, or the agent or servant of the injured person or owner, the
municipality in whose behalf the member of the municipal police department
is performing his or her duties as police officer shall indemnify the
police officer for any judgment recovered against him or her as the result
of such injury, except where the injury results from the wilful misconduct
of the police officer, to the extent of not to exceed $1,000,000 including costs of the action. Any police officer, or any person
who, at the time of performing such an act complained of, was a police officer,
who is made a party defendant to any such action shall, within 10 days of
service of process upon him or her, notify the municipality by whom he or she
is or was employed, of the fact that the action has been instituted, and that
he or she has been made a party defendant to the same. Such notice shall be in
writing, and shall be filed in the office of the city attorney or corporation
counsel, if there is a city attorney or corporation counsel, and also in
the office of the municipal clerk, either by himself, his or her agent,
or attorney. The notice shall state in substance, that such police officer,
(naming him or her), has been served with process and
made a party defendant to an action wherein it is claimed that a person
has suffered injury to his or her person or property caused by such
police officer; stating the title and number of the case;
the court wherein the same is pending; and the date such police officer
was served with process in such action, and made a party defendant
thereto. The municipality which is or may be liable to indemnify the police
officer shall have the right to intervene in the suit against
the police officer, and shall be permitted to appear and defend.
The duty of the city to indemnify any such
policeman for any judgment recovered against him shall be conditioned upon
receiving notice of the filing of any such action in the manner and form
hereinabove described.
For the purposes of this Section, no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such policeman to assist in
arresting or securing an offender is killed or injured, or his or her property
or that of his or her employer is damaged, and such death, injury or damage
arises out of and in the course of aiding such policeman in arresting, or
endeavoring to arrest, a person or retaking or endeavoring to re-take a
person who has escaped from legal custody, the person or employer so
injured, or whose property is so damaged, or the personal representatives
of the person so killed, shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
If a police officer is acting within a municipality other than his or her
employing municipality under an agreement pursuant to Section 11-1-2.1, the
liability or obligation to indemnify imposed by this Section does not
extend to both municipalities. Only that municipality designated by the
agreement is subject to such liability or obligation to indemnify, but, if
the agreement is silent as to such liability or obligation, then the
municipality by which the police officer is employed is subject to such
liability or obligation.
If a police officer is acting within a municipality other than his or her
employing municipality under the provisions of Section 1-4-8, the liability or
obligation to indemnify imposed by this Section shall be the liability or
obligation of the requesting municipality only. The notice required in this
Section 1-4-6 shall be given to the municipality in which he was acting if
other than his employing municipality.
(Source: P.A. 92-810, eff. 8-21-02.)
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65 ILCS 5/1-4-7
(65 ILCS 5/1-4-7) (from Ch. 24, par. 1-4-7)
Sec. 1-4-7.
The municipality shall be liable for any injury occasioned by
actionable wrong to property by the removal, destruction or vacation, in
whole or in part, of any unsafe or unsanitary building, by any municipal
officer, board or employee charged with authority to order or execute such
removal, destruction or vacation, if such removal, destruction or vacation
is pursuant to valid statutes, ordinances or regulations, and if such
officer, board or employee has acted in good faith, with reasonable care
and probable cause.
(Source: Laws 1961, p. 576.)
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