101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2031

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2605/2605-98 new
50 ILCS 705/7.5

    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; (3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately; or (4) is or has committed the offense of aggravated fleeing or attempting to elude a peace officer. 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 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, 2020.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 1. Short title. This Act may be cited as the Peace
5Officer Motor Vehicle Pursuit Act.
 
6    Section 5. Definitions. In this Act:
7    "Deadly weapon" means a Category I or Category II weapon as
8defined in subsection (c) of Section 33A-1 of the Criminal Code
9of 2012.
10    "Forcible felony" has the meaning ascribed to it in Section
112-8 of the Criminal Code of 2012.
12    "Peace officer" has the meaning ascribed to it in Section
132-13 of the Criminal Code of 2012.
 
14    Section 10. Peace officer motor vehicle pursuit.
15    (a) A peace officer may initiate a motor vehicle pursuit
16when the officer is able to articulate a reason to believe the
17occupant of a fleeing vehicle:
18        (1) has committed or attempted to commit a forcible
19    felony involving the infliction or threatened infliction
20    of great bodily harm;
21        (2) is attempting to escape by use of a deadly weapon
22    or an object or device that the peace officer reasonably

 

 

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1    believes to be a deadly weapon;
2        (3) otherwise indicates he or she will endanger human
3    life or inflict great bodily harm unless apprehended
4    immediately; or
5        (4) is or has committed the offense of aggravated
6    fleeing or attempting to elude a peace officer under
7    Section 11-204.1 of the Illinois Vehicle Code or a similar
8    provision of a local ordinance.
9    (b) A peace officer engaged in a motor vehicle pursuit
10shall:
11        (1) activate both the rotating or flashing lights and
12    the siren of his or her police vehicle;
13        (2) drive with due regard for the safety of others and
14    exercise due care;
15        (3) if driving a police vehicle equipped with a video
16    camera, ensure the camera is activated at all times while
17    engaged in a pursuit or fleeing and eluding incident; and
18        (4) immediately make use of a geographically
19    appropriate radio dispatch system, such as the Illinois
20    State Police Emergency Radio Network or a similar
21    multi-agency law enforcement radio communication system
22    serving the area.
23    (c) The Illinois Law Enforcement Training Standards Board
24shall develop curriculum and approve training on driving
25instruction for probationary and permanent police officers
26that includes:

 

 

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1        (1) crash avoidance methods;
2        (2) emergency response;
3        (3) precision driving; and
4        (4) pursuit techniques.
5    (d) The Illinois State Police Academy shall provide driving
6instruction training for State troopers that includes:
7        (1) crash avoidance methods;
8        (2) emergency response;
9        (3) precision driving; and
10        (4) pursuit techniques.
11    (e) The Illinois State Police Academy and the Illinois Law
12Enforcement Training Standards Board shall each separately
13develop a model policy consistent with this Act.
 
14    Section 15. Home rule. A unit of local government,
15including a home rule unit, may not regulate peace officer
16motor vehicle pursuits in a manner inconsistent with the
17regulation by the State of peace officer motor vehicle pursuits
18under this Act. This Section is a limitation under subsection
19(i) of Section 6 of Article VII of the Illinois Constitution on
20the concurrent exercise by home rule units of powers and
21functions exercised by the State.
 
22    Section 105. The Department of State Police Law of the
23Civil Administrative Code of Illinois is amended by adding
24Section 2605-98 as follows:
 

 

 

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1    (20 ILCS 2605/2605-98 new)
2    Sec. 2605-98. Training; motor vehicle pursuits.
3    (a) The Illinois State Police Academy shall provide driving
4instruction training for State troopers that includes:
5        (1) crash avoidance methods;
6        (2) emergency response;
7        (3) precision driving; and
8        (4) pursuit techniques.
9    (b) The Illinois State Police Academy shall develop a model
10policy concerning driving instruction for State troopers
11consistent with the Peace Officer Motor Vehicle Pursuit Act.
 
12    Section 110. The Illinois Police Training Act is amended by
13changing Section 7.5 as follows:
 
14    (50 ILCS 705/7.5)
15    Sec. 7.5. Police pursuit guidelines and curriculum.
16    (a) The Board shall annually review police pursuit
17procedures and make available suggested police pursuit
18guidelines for law enforcement agencies. This Section does not
19alter the effect of previously existing law, including the
20immunities established under the Local Governmental and
21Governmental Employees Tort Immunity Act.
22    (b) The Board shall develop curriculum and approve training
23on driving instruction for probationary and permanent police

 

 

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1officers that includes:
2        (1) crash avoidance methods;
3        (2) emergency response;
4        (3) precision driving; and
5        (4) pursuit techniques.
6    (c) The Board shall develop a model policy concerning
7driving instruction for probationary and permanent police
8officers consistent with the Peace Officer Motor Vehicle
9Pursuit Act.
10(Source: P.A. 88-637, eff. 9-9-94.)
 
11    Section 999. Effective date. This Act takes effect January
121, 2020.