102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3905
 
Introduced 2/22/2021, by Rep. Justin Slaughter
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/7-5.5

     If and only if House Bill 3653 of the 101st General Assembly becomes law, amends the Criminal Code of 2012. In a section regarding prohibited use of force by a peace officers, removes provisions prohibiting the discharge of kinetic impact projectiles and all other non-or less-lethal projectiles in a manner that targets the head, pelvis, or back. Effective immediately.
  


LRB102 16934 RLC 22350 b

 
 
A BILL FOR
 

  
HB3905LRB102 16934 RLC 22350 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. If and only if House Bill 3653 of the 101st 
5General Assembly becomes law, the Criminal Code of 2012 is 
6amended  by changing Section 7-5.5 as follows:
 
7    (720 ILCS 5/7-5.5)
8    Sec. 7-5.5. Prohibited use of force by a peace officer.
9    (a) A peace officer, or any person acting on behalf of a 
10peace officer, shall not use a chokehold or restraint above 
11the shoulders with risk of asphyxiation in the performance of 
12his or her duties, unless deadly force is justified under 
13Article 7 of this Code.
14    (b) A peace officer, or any person acting on behalf of a 
15peace officer, shall not use a chokehold or restraint above 
16the shoulders with risk of asphyxiation, or any lesser contact 
17with the throat or neck area of another, in order to prevent 
18the destruction of evidence by ingestion.
19    (c)
As used in this Section,  "chokehold" means applying 
20any direct pressure to the throat, windpipe, or airway of 
21another.

22    (d)   As used in this Section, "restraint above the 
23shoulders with risk of positional asphyxiation" means a use of 
 
 
HB3905- 2 -LRB102 16934 RLC 22350 b

1a technique used to restrain a person above the shoulders, 
2including the neck or head, in a position which interferes 
3with the person's ability to breathe after the person no 
4longer poses a threat to the officer or any other person.
5    (e)   A peace officer, or any person acting on behalf of a 
6peace officer, shall not:
7        (i)   use force as punishment or retaliation;
8        (ii)   (blank) discharge kinetic impact projectiles and 
9    all other non-or less-lethal projectiles in a manner that 
10    targets the head, pelvis, or back;
11        (iii)   discharge firearms or kinetic impact projectiles 
12    indiscriminately into a crowd; or
13        (iv)   use chemical agents or irritants, including 
14    pepper spray and tear gas, prior to issuing an order to 
15    disperse in a sufficient manner to ensure the order is 
16    heard and repeated if necessary, followed by sufficient 
17    time and space to allow compliance with the order. 
18(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16; 
1910100HB3653enr.)
 
 
20    Section 99. Effective date. This Act takes effect upon 
21becoming law.