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HB4139 Engrossed |
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LRB095 13380 RLC 39049 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 7-5 as follows:
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| (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
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| Sec. 7-5. Peace officer's use of force in making arrest. |
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| (a) A peace officer, or any person whom he has summoned or |
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| directed
to assist him, need not retreat or desist from efforts |
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| to make a lawful
arrest because of resistance or threatened |
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| resistance to the arrest. He
is justified in the use of any |
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| force which he reasonably believes to be
necessary to effect |
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| the arrest and of any force which he reasonably
believes to be |
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| necessary to defend himself or another from bodily harm
while |
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| making the arrest. However, he is justified in using force |
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| likely
to cause death or great bodily harm only when he |
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| reasonably believes
that such force is necessary to prevent |
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| death or great bodily harm to
himself or such other person, or |
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| when he reasonably believes both that:
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| (1) Such force is necessary to prevent the arrest from |
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| being
defeated by resistance or escape; and
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| (2) The person to be arrested has committed or attempted a |
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| forcible
felony which involves the infliction or threatened |
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HB4139 Engrossed |
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LRB095 13380 RLC 39049 b |
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| infliction of great
bodily harm or is attempting to escape by |
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| use of a deadly weapon, or
otherwise indicates that he will |
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| endanger human life or inflict great
bodily harm unless |
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| arrested without delay.
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| (b) A peace officer making an arrest pursuant to an invalid |
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| warrant
is justified in the use of any force which he would be |
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| justified in
using if the warrant were valid, unless he knows |
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| that the warrant is
invalid.
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| (c) It is unlawful for any governing body, State agency, |
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| county government, local municipality, or institute of higher |
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| learning that employs peace officers to prohibit a peace |
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| officer from carrying a firearm in the performance of his or |
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| her duties, unless the peace officer fails to qualify with the |
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| firearm, is declared unfit for duty, and is unable to be armed.
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| (d) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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HB4139 Engrossed |
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LRB095 13380 RLC 39049 b |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 84-1426.)
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