Sen. John Connor
Filed: 4/5/2022
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1 | AMENDMENT TO HOUSE BILL 3904
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2 | AMENDMENT NO. ______. Amend House Bill 3904 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 7-5 as follows:
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6 | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
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7 | Sec. 7-5. Peace officer's use of force in making arrest. | ||||||
8 | (a) A peace officer, or any person whom he has summoned or | ||||||
9 | directed
to assist him, need not retreat or desist from | ||||||
10 | efforts to make a lawful
arrest because of resistance or | ||||||
11 | threatened resistance to the arrest. He
is justified in the | ||||||
12 | use of any force which he reasonably believes, based on the | ||||||
13 | totality of the circumstances, to be
necessary to effect the | ||||||
14 | arrest and of any force which he reasonably
believes, based on | ||||||
15 | the totality of the circumstances, to be necessary to defend | ||||||
16 | himself or another from bodily harm
while making the arrest. |
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1 | However, he is justified in using force likely
to cause death | ||||||
2 | or great bodily harm only when: (i) he reasonably believes, | ||||||
3 | based on the totality of the circumstances,
that such force is | ||||||
4 | necessary to prevent death or great bodily harm to
himself or | ||||||
5 | such other person; or (ii) when he reasonably believes, based | ||||||
6 | on the totality of the circumstances, both that:
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7 | (1) Such force is necessary to prevent the arrest from | ||||||
8 | being
defeated by resistance or escape and the officer | ||||||
9 | reasonably
believes that the person to be arrested is | ||||||
10 | likely to cause
great bodily harm to another; and
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11 | (2) The person to be arrested committed or attempted a | ||||||
12 | forcible
felony which involves the infliction or | ||||||
13 | threatened infliction of great
bodily harm or is | ||||||
14 | attempting to escape by use of a deadly weapon, or
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15 | otherwise indicates that he will endanger human life or | ||||||
16 | inflict great
bodily harm unless arrested without delay.
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17 | As used in this subsection, "retreat" does not mean | ||||||
18 | tactical
repositioning or other de-escalation tactics. | ||||||
19 | A peace officer is not justified in using force likely to | ||||||
20 | cause death or great bodily harm when there is no longer an | ||||||
21 | imminent threat of great bodily harm to the officer or | ||||||
22 | another. | ||||||
23 | (a-5) Where feasible, a peace officer shall, prior to the | ||||||
24 | use of force, make reasonable efforts to identify himself or | ||||||
25 | herself as a peace
officer and to warn that deadly force may be | ||||||
26 | used. |
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1 | (a-10) A peace officer shall not use deadly force against | ||||||
2 | a person based on the danger that the person poses to himself | ||||||
3 | or herself if a
reasonable officer would believe the person | ||||||
4 | does not pose an imminent threat of death or great bodily harm | ||||||
5 | to the peace officer or to another person. | ||||||
6 | (a-15) A peace officer shall not use deadly force against | ||||||
7 | a person who is suspected of committing a property offense, | ||||||
8 | unless that offense is terrorism or unless deadly force is | ||||||
9 | otherwise authorized by law. | ||||||
10 | (b) A peace officer making an arrest pursuant to an | ||||||
11 | invalid warrant
is justified in the use of any force which he | ||||||
12 | would be justified in
using if the warrant were valid, unless | ||||||
13 | he knows that the warrant is
invalid.
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14 | (c) The authority to use physical force conferred on peace | ||||||
15 | officers by this Article is a serious responsibility that | ||||||
16 | shall be exercised judiciously and with respect for human | ||||||
17 | rights and dignity and for the sanctity of every human life. | ||||||
18 | (d) Peace officers shall use deadly force only when | ||||||
19 | reasonably necessary in defense of human life. In determining | ||||||
20 | whether deadly force is reasonably necessary, officers shall | ||||||
21 | evaluate each situation in light of the totality of | ||||||
22 | circumstances of each case, including, but not limited to, the | ||||||
23 | proximity in time of the use of force to the commission of a | ||||||
24 | forcible felony, and the reasonable feasibility of safely | ||||||
25 | apprehending a subject at a later time, and shall use other | ||||||
26 | available resources and techniques, if reasonably safe and |
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1 | feasible to a reasonable officer. | ||||||
2 | (e) The decision by a peace officer to use force shall be | ||||||
3 | evaluated carefully and thoroughly, in a manner that reflects | ||||||
4 | the gravity of that authority and the serious consequences of | ||||||
5 | the use of force by peace officers, in order to ensure that | ||||||
6 | officers use force consistent with law and agency policies. | ||||||
7 | (f) The decision by a peace officer to use force shall be | ||||||
8 | evaluated from the perspective of a reasonable officer in the | ||||||
9 | same situation, based on the totality of the circumstances | ||||||
10 | known to or perceived by the officer at the time of the | ||||||
11 | decision, rather than with the benefit of hindsight, and that | ||||||
12 | the totality of the circumstances shall account for occasions | ||||||
13 | when officers may be forced to make quick judgments about | ||||||
14 | using force. | ||||||
15 | (g) Law enforcement agencies are encouraged to adopt and | ||||||
16 | develop policies designed to protect individuals with | ||||||
17 | physical, mental health, developmental, or intellectual | ||||||
18 | disabilities, or individuals who are significantly more likely | ||||||
19 | to experience greater levels of physical force during police | ||||||
20 | interactions, as these disabilities may affect the ability of | ||||||
21 | a person to understand or comply with commands from peace | ||||||
22 | officers. | ||||||
23 | (h) As used in this Section: | ||||||
24 | (1) "Deadly force" means any use of force that creates | ||||||
25 | a substantial risk of causing death or great bodily harm, | ||||||
26 | including, but not limited to, the discharge of a firearm. |
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1 | "Deadly force" does not include the lawful use of a | ||||||
2 | conducted electrical weapon by a peace officer. In this | ||||||
3 | paragraph (1), "conducted electrical weapon" means a | ||||||
4 | less-lethal device capable of delivering electrical energy | ||||||
5 | into a person, either by pressing the device directly on | ||||||
6 | the person or by deploying small probes attached to | ||||||
7 | conductive wires, such as a stun gun or taser. | ||||||
8 | (2) A threat of death or serious bodily injury is | ||||||
9 | "imminent" when, based on the totality of the | ||||||
10 | circumstances, a reasonable officer in the same situation | ||||||
11 | would believe that a person has the present ability, | ||||||
12 | opportunity, and apparent intent to immediately cause | ||||||
13 | death or great bodily harm to the peace officer or another | ||||||
14 | person. An imminent harm is not merely a fear of future | ||||||
15 | harm, no matter how great the fear and no matter how great | ||||||
16 | the likelihood of the harm, but is one that, from | ||||||
17 | appearances, must be instantly confronted and addressed. | ||||||
18 | (3) "Totality of the circumstances" means all facts | ||||||
19 | known to the peace officer at the time, or that would be | ||||||
20 | known to a reasonable officer in the same situation, | ||||||
21 | including the conduct of the officer and the subject | ||||||
22 | leading up to the use of deadly force. | ||||||
23 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
24 | 102-687, eff. 12-17-21.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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