HB4615 99TH GENERAL ASSEMBLY

LRB099 15654 RLC 39949 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4615

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

See Index

Creates the Peace Officer Motor Vehicle Pursuit Act. Provides that a peace officer is authorized to initiate a motor vehicle pursuit when the officer is able to articulate a reason to believe the occupant of a fleeing vehicle: (1) has committed or attempted to commit a forcible felony involving the infliction or threatened infliction of great bodily harm; (2) is attempting to escape by use of a deadly weapon or an object or device that the peace officer reasonably believes to be a deadly weapon; or (3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately. Provides that a peace officer engaged in a motor vehicle pursuit shall activate both the rotating or flashing lights and the siren of his or her police vehicle. Provides that a peace officer who is driving a police vehicle equipped with a video camera shall ensure the camera is activated at all times while engaged in a pursuit or fleeing and eluding incident. Provides for police officer pursuit training. Preempts home rule. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that neither a local public entity nor a public employee is liable for an injury caused by a peace officer motor vehicle pursuit conducted in good faith under the requirements of the Peace Officer Motor Vehicle Pursuit Act, unless the pursuit was conducted by the peace officer in a willful and wanton manner. Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act to make conforming changes. Effective January 1, 2017.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

WHEREAS, One of the prime objectives of peace officers is to arrest violators of the law while preserving the life and safety of the public and violators; and

WHEREAS, When a vehicle pursuit is necessary, peace officers shall make maximum use of all available resources such as air support, radio communications, and computer networks to reduce the threat to the public and violators; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Peace Officer Motor Vehicle Pursuit Act.

Section 5. Definitions. As used in this Act:

"Deadly weapon" means a Category I or Category II weapon as defined in subsection (c) of Section 33A-1 of the Criminal Code of 2012.

"Forcible felony" has the meaning ascribed to it in Section 2-8 of the Criminal Code of 2012.

"Peace officer" has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.

Section 10. Peace officer motor vehicle pursuit.

(a) A peace officer may initiate a motor vehicle pursuit when the officer is able to articulate a reason to believe the occupant of a fleeing vehicle:

(1) has committed or attempted to commit a forcible felony involving the infliction or threatened infliction of great bodily harm;

(2) is attempting to escape by use of a deadly weapon or an object or device that the peace officer reasonably believes to be a deadly weapon; or

(3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately.

(b) A peace officer engaged in a motor vehicle pursuit shall:

(1) activate both the rotating or flashing lights and the siren of his or her police vehicle;

(2) drive with due regard for the safety of others and exercise due care;

(3) if driving a police vehicle equipped with a video camera, ensure the camera is activated at all times while engaged in a pursuit or fleeing and eluding incident; and

(4) immediately make use of a geographically appropriate radio dispatch system, such as the Illinois State Police Emergency Radio Network or a similar multi-agency law enforcement radio communication system serving the area.

(c) The Illinois Law Enforcement Training Standards Board shall develop curriculum and approve training on driving instruction for probationary and permanent police officers that includes:

(1) crash avoidance methods;

(2) emergency response;

(3) precision driving; and

(4) pursuit techniques.

(d) The Illinois State Police Academy shall provide driving instruction training for State troopers that includes:

(1) crash avoidance methods;

(2) emergency response;

(3) precision driving; and

(4) pursuit techniques.

(e) The Illinois State Police Academy and the Illinois Law Enforcement Training Standards Board shall each separately develop a model policy consistent with this Act.

Section 15. Home rule. A unit of local government, including a home rule unit, may not regulate peace officer motor vehicle pursuits in a manner inconsistent with the regulation by the State of peace officer motor vehicle pursuits under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 105. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-98 as follows:

(20 ILCS 2605/2605-98 new)

Sec. 2605-98. Training; motor vehicle pursuits.

(a) The Illinois State Police Academy shall provide driving instruction training for State troopers that includes:

(1) crash avoidance methods;

(2) emergency response;

(3) precision driving; and

(4) pursuit techniques.

(b) The Illinois State Police Academy shall develop a model policy concerning driving instruction for State troopers consistent with the Peace Officer Motor Vehicle Pursuit Act.

Section 110. The Illinois Police Training Act is amended by changing Section 7.5 as follows:

(50 ILCS 705/7.5)

Sec. 7.5. Police pursuit guidelines and curriculum.

(a) The Board shall annually review police pursuit procedures and make available suggested police pursuit guidelines for law enforcement agencies. This Section does not alter the effect of previously existing law, including the immunities established under the Local Governmental and Governmental Employees Tort Immunity Act.

(b) The Board shall develop curriculum and approve training on driving instruction for probationary and permanent police officers that includes:

(1) crash avoidance methods;

(2) emergency response;

(3) precision driving; and

(4) pursuit techniques.

(c) The Board shall develop a model policy concerning driving instruction for probationary and permanent police officers consistent with the Peace Officer Motor Vehicle Pursuit Act.

(Source: P.A. 88-637, eff. 9-9-94.)

Section 115. The Local Governmental and Governmental Employees Tort Immunity Act is amended by adding Section 4-108 as follows:

(745 ILCS 10/4-108 new)

Sec. 4-108. Peace officer motor vehicle pursuits. Neither a local public entity nor a public employee is liable for an injury caused by a peace officer motor vehicle pursuit conducted in good faith under the requirements of the Peace Officer Motor Vehicle Pursuit Act, unless the pursuit was conducted by the peace officer in a willful and wanton manner.

Section 999. Effective date. This Act takes effect January 1, 2017.