Sen. John Connor

Filed: 4/5/2022





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2    AMENDMENT NO. ______. Amend House Bill 3904 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 7-5 as follows:
6    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)
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
9directed to assist him, need not retreat or desist from
10efforts to make a lawful arrest because of resistance or
11threatened resistance to the arrest. He is justified in the
12use of any force which he reasonably believes, based on the
13totality of the circumstances, to be necessary to effect the
14arrest and of any force which he reasonably believes, based on
15the totality of the circumstances, to be necessary to defend
16himself or another from bodily harm while making the arrest.



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1However, he is justified in using force likely to cause death
2or great bodily harm only when: (i) he reasonably believes,
3based on the totality of the circumstances, that such force is
4necessary to prevent death or great bodily harm to himself or
5such other person; or (ii) when he reasonably believes, based
6on the totality of the circumstances, both that:
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
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
15    otherwise indicates that he will endanger human life or
16    inflict great bodily harm unless arrested without delay.
17    As used in this subsection, "retreat" does not mean
18tactical repositioning or other de-escalation tactics.
19    A peace officer is not justified in using force likely to
20cause death or great bodily harm when there is no longer an
21imminent threat of great bodily harm to the officer or
23    (a-5) Where feasible, a peace officer shall, prior to the
24use of force, make reasonable efforts to identify himself or
25herself as a peace officer and to warn that deadly force may be



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1    (a-10) A peace officer shall not use deadly force against
2a person based on the danger that the person poses to himself
3or herself if a reasonable officer would believe the person
4does not pose an imminent threat of death or great bodily harm
5to the peace officer or to another person.
6    (a-15) A peace officer shall not use deadly force against
7a person who is suspected of committing a property offense,
8unless that offense is terrorism or unless deadly force is
9otherwise authorized by law.
10    (b) A peace officer making an arrest pursuant to an
11invalid warrant is justified in the use of any force which he
12would be justified in using if the warrant were valid, unless
13he knows that the warrant is invalid.
14    (c) The authority to use physical force conferred on peace
15officers by this Article is a serious responsibility that
16shall be exercised judiciously and with respect for human
17rights and dignity and for the sanctity of every human life.
18    (d) Peace officers shall use deadly force only when
19reasonably necessary in defense of human life. In determining
20whether deadly force is reasonably necessary, officers shall
21evaluate each situation in light of the totality of
22circumstances of each case, including, but not limited to, the
23proximity in time of the use of force to the commission of a
24forcible felony, and the reasonable feasibility of safely
25apprehending a subject at a later time, and shall use other
26available resources and techniques, if reasonably safe and



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1feasible to a reasonable officer.
2    (e) The decision by a peace officer to use force shall be
3evaluated carefully and thoroughly, in a manner that reflects
4the gravity of that authority and the serious consequences of
5the use of force by peace officers, in order to ensure that
6officers use force consistent with law and agency policies.
7    (f) The decision by a peace officer to use force shall be
8evaluated from the perspective of a reasonable officer in the
9same situation, based on the totality of the circumstances
10known to or perceived by the officer at the time of the
11decision, rather than with the benefit of hindsight, and that
12the totality of the circumstances shall account for occasions
13when officers may be forced to make quick judgments about
14using force.
15    (g) Law enforcement agencies are encouraged to adopt and
16develop policies designed to protect individuals with
17physical, mental health, developmental, or intellectual
18disabilities, or individuals who are significantly more likely
19to experience greater levels of physical force during police
20interactions, as these disabilities may affect the ability of
21a person to understand or comply with commands from peace
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;
24102-687, eff. 12-17-21.)
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".