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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1462 Introduced 2/6/2015, by Rep. Pamela Reaves-Harris SYNOPSIS AS INTRODUCED:
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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.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB1462 | | LRB099 06687 RLC 26761 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Peace |
| 5 | | Officer Chokehold Prohibition Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Chokehold" means a method by which a person holds another |
| 8 | | person by putting his or her arm around the other person's neck |
| 9 | | with sufficient pressure to make breathing difficult or |
| 10 | | impossible and includes, but is not limited to, any
pressure to |
| 11 | | the throat or windpipe, which may prevent or hinder breathing |
| 12 | | or
reduce intake of air. |
| 13 | | "Peace officer" has the meaning ascribed to it in Section |
| 14 | | 2-13 of the Criminal Code of 2012.
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| 15 | | Section 10. Chokeholds prohibited; exception. A peace |
| 16 | | officer may not apply a chokehold to effect the arrest of a |
| 17 | | person, unless faced with a situation in which the use of |
| 18 | | deadly force is justified
under Article 7 of the Criminal Code |
| 19 | | of 2012.
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| 20 | | Section 15. Sentence. A violation of this Act is a Class A |
| 21 | | misdemeanor.
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