SB2850sam003 96TH GENERAL ASSEMBLY

Sen. John J. Millner

Filed: 4/22/2010

09600SB2850sam003 LRB096 16951 RLJ 40318 a

AMENDMENT TO SENATE BILL 2850

AMENDMENT NO. ______. Amend Senate Bill 2850 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Sections 1-4-8 and 11-1-2.1 as follows:

(65 ILCS 5/1-4-8) (from Ch. 24, par. 1-4-8)

Sec. 1-4-8. Police assistance from other municipalities; liability. In addition to the powers of the police of any municipality under Section 7-4-8 of this Act, the corporate authorities of any municipality under 500,000 population may request of any other such municipality or municipalities its police and police department equipment, and any such requested municipality may furnish its policemen and police department equipment, to aid the requesting municipality in suppressing or attempting to suppress, any mob action, riot or civil disturbance occurring within the requesting municipality, to preserve the peace, and to protect the lives, rights and property of citizens, regardless of whether any mutual assistance agreement exists under Section 11-1-2.1 of this Act.

If a mutual assistance agreement between the municipalities exists, then the provisions of that agreement in relation to any liability shall apply, including any liability to indemnify under Sections 1-4-5 or 1-4-6. If the mutual assistance agreement is silent as to liability, then this Section shall apply. If there is no mutual assistance agreement between the municipalities, then the provisions of this Section apply.

Any municipality requesting and receiving such assistance from another jurisdiction shall be liable or obligated to indemnify the furnishing police department for any of its equipment damaged or destroyed, and the individual policemen so furnished for any material damage to property, injury to his or her person or on account of his or her death, resulting from the unlawful activities performed or caused by the mob action, riot or civil disturbance, being or attempted to be suppressed by the requesting municipality.

Municipalities requesting police assistance under this Section shall also be liable for any liability or obligation to indemnify the furnished policeman, their legal representatives in case of death, or the furnishing municipality or police department, as the case may be, for any liability or obligation to indemnify created by Section 1-4-5 and 1-4-6 which may occur as a result of any police assistance furnished under this Section.

Policemen furnished to other municipalities under this Section have all the powers of the police officers of the requesting municipality and are subject to the direction of the chief of police of the requesting municipality; however, they shall retain all their pension and disability rights while so furnished and working outside of their police district or territory.

The corporate authorities of any municipality included in this Section may contract to procure necessary liability insurance to cover any liability created or imposed by this Section.

(Source: Laws 1968, p. 26.)

(65 ILCS 5/11-1-2.1) (from Ch. 24, par. 11-1-2.1)

Sec. 11-1-2.1. Mutual assistance agreements. In addition to the powers of the police of any municipality under Section 7-4-8 of this Act, the corporate authorities of each municipality having a population of less than 500,000 may enter into agreements with any other such municipality or municipalities to furnish police assistance on request. Such agreements shall contain provisions in relation to any liability, including any liability or obligation to indemnify created by Sections 1-4-5, 1-4-6, or 1-4-8 Section 1-4-5 or Section 1-4-6, which may occur as a result of any police assistance furnished under such agreements.

Police officers furnishing assistance under such agreements have all of the powers of police officers of any requesting municipality and are subject to the direction of the chief of police of a requesting municipality.

(Source: Laws 1967, p. 3284.)

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