Illinois General Assembly - Full Text of HB2788
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Full Text of HB2788  102nd General Assembly

HB2788 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2788

 

Introduced 2/19/2021, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Citizen Safety Act. Defines terms as used in the Act. Provides guidelines for law enforcement use of force and deadly force. Determines when the use of force is prohibited and what actions are prohibited in response to protests and large gatherings. Requires officers to report use of force incidents. Requires officers to intervene if another officer engages in the unlawful use of force. Requires the intervening officer to report the unlawful force. Provides guidelines for the use of military equipment and SWAT team activation and deployment. Provides that law enforcement agencies shall implement policies to comply with the Act. Limits home rule powers.


LRB102 14155 KMF 19507 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2788LRB102 14155 KMF 19507 b

1    AN ACT concerning public safety.
 
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
5Citizen Safety Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Chokehold" means the use of any maneuver on a person that
8applies pressure to the neck, throat, windpipe, back, chest,
9abdomen or carotid artery that may prevent or hinder
10breathing, reduce intake of air, or impede the flow of blood or
11oxygen to the brain, transport methods and physical restraints
12that may create a substantial risk of positional asphyxia.
13    "Deadly force" means any use of force that creates a
14substantial risk of causing death or serious bodily injury,
15including any use of force that results in death or serious
16bodily injury to another, including, but not limited to the
17discharge of a firearm or any weapon that, in the manner of its
18use, is capable of causing death or serious bodily injury.
19    "Force" means any effort to control, restrain, compel, or
20overcome the resistance of another, including the use of
21physical force and suggested use of force such as unholstering
22or brandishing of a weapon at another person.
23"Kinetic impact projectiles" means projectiles, including, but

 

 

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1not limited to, rubber and plastic bullets, bean bag rounds,
2sponge rounds and pellet rounds, that are usually shot from
3guns and launchers by law enforcement for crowd control
4purposes.
5    "Law enforcement officer" or "officer" means any person
6employed by a State, county, or municipality as a policeman,
7peace officer, or in some like position involving the
8enforcement of the law and protection of public interest at
9the risk of the person's life.
10    "Serious bodily injury" means bodily injury that creates a
11substantial risk of death or that causes death, serious
12permanent disfigurement, or protracted loss or impairment of
13the function of any bodily member or organ.
 
14    Section 10. Use of force.
15    (a) An officer, or any person whom the peace officer has
16summoned or directed to assist them, shall apply nonviolent
17means to resolve and de-escalate incidents before resorting to
18any use of force, and at all times shall limit the use of force
19in a manner consistent with the sanctity of human life.
20    (b) An officer may use force only if all other objectively
21reasonable non-violent means would be ineffective and there is
22a basis for a lawful arrest, or the use of force is necessary
23to prevent imminent threat of bodily injury to another person.
24    (c) In determining whether force should be used and, if
25necessary, the amount of force appropriate to use, an officer

 

 

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1shall consider whether a person's conduct is the result of a
2medical condition, mental impairment, developmental
3disability, physical limitation, language barrier, drug or
4alcohol impairment, or other factor beyond the person's
5control.
6    (d) When any force is used, and consistent with
7subsections (a) through (c) of this Section, an officer shall:
8        (1) use only the amount of force that is objectively
9    reasonable, necessary, and proportional under the
10    circumstances;
11        (2) continue to use de-escalation techniques after
12    they have initiated a use of force, including by
13    continually assessing the situation and modifying the use
14    of force as circumstances change and in ways that are
15    consistent with the officer's and other persons' safety;
16        (3) immediately reduce the level of force as the
17    threat diminishes, including by stopping force altogether;
18        (4) ensure that force is used in a manner that that
19    minimizes injury to others, including the person against
20    whom force is used and bystanders;
21        (5) ensure that assistance and medical aid are
22    rendered to any persons who appear or indicate they are
23    injured by the officer's use of force as soon as safe and
24    practicable; and
25        (6) give a clear verbal or visual warning of their
26    intent to use force and provide an objectively reasonable

 

 

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1    amount of time for the person to comply with the warning,
2    before using force.
3    (e) Any officer found by a preponderance of the evidence
4to have violated a provision of this Section shall be
5dismissed from employment, in addition to any criminal or
6civil liabilities provided by law.
 
7    Section 15. Use of deadly force.
8    (a) An officer is justified in using deadly force only
9when such force is necessary for either of the following
10reasons:
11        (1) to defend against an imminent threat of death or
12    serious bodily injury to the officer or to another person;
13    or
14        (2) to apprehend a fleeing person for any felony that
15    threatened or resulted in death or serious bodily injury,
16    if the officer reasonably believes that the person will
17    cause death or serious bodily injury to another unless
18    deadly force is used.
19    (b) Unless an officer is authorized to use deadly force as
20set forth in subsection (a) of this Section, deadly force
21shall not be used:
22        (1) against a person who presents a threat only to
23    themselves or property;
24        (2) against a person suspected of only a minor or
25    nonviolent offense;

 

 

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1        (3) in executing a warrant, unless the person on whom
2    the warrant is being executed presents an imminent threat
3    of death or serious bodily injury to the officer or to
4    another person;
5        (4) in order to prevent the destruction of evidence or
6        (5) if the use of deadly force would create a
7    substantial risk of serious bodily injury to other
8    persons.
9    (c) If deadly force is used as authorized in this Section,
10an officer shall give a clear verbal warning of their intent to
11use firearms or other deadly force before using such force,
12providing an objectively reasonable amount of time for the
13warning to be observed and heeded, unless providing such clear
14verbal warning would unduly place an officer or another person
15at risk of death or serious bodily injury.
16    (d) Any officer found by a preponderance of the evidence
17to have violated a provision of this Section shall be
18dismissed from employment, in addition to any criminal or
19civil liabilities provided by law.
 
20    Section 20. Prohibited use of force.
21    (a) An officer shall not use a chokehold, for any purpose,
22in the performance of his or her duties.
23    (b) An officer shall not use force as punishment or
24retaliation.
 

 

 

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1    Section 25. Prohibited action in response to protests and
2large gatherings.
3    (a) A law enforcement agency and any person acting on
4behalf of the law enforcement agency shall not:
5        (1) discharge kinetic impact projectiles and all other
6    non-or less-lethal projectiles in a manner that targets
7    the head, pelvis, or back;
8        (2) discharge kinetic impact projectiles
9    indiscriminately into a crowd; or
10        (3) use chemical agents or irritants, including pepper
11    spray and tear gas, prior to issuing an order to disperse
12    in a sufficient manner to ensure the order is heard and
13    repeated if necessary, followed by sufficient time and
14    space to allow compliance with the order.
15    (b) Any officer found by a preponderance of the evidence
16to have violated a provision of this Section shall be
17dismissed from employment, in addition to any criminal or
18civil liabilities provided by law.
 
19    Section 30. Duty to report use of force.
20    (a) All officers shall have an affirmative duty to report
21all use of force incidents, including use of deadly force, to
22their law enforcement agency in the manner prescribed by the
23agency.
24    (b) No later than the 15th day of each month, a law
25enforcement agency shall report to the Department of Illinois

 

 

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1State Police the following information:
2        (1) The number of incidents of use of force reported
3    to the agency during the preceding calendar month. For
4    each incident of use of force, the agency shall report the
5    following:
6            (A) the date, time, and location of the use of
7        force;
8            (B) information about the person subject to use of
9        force, including gender, age, ethnicity, and race
10        defined as American Indian or Alaska Native, Asian,
11        Black or African American, Hispanic or Latino, Native
12        Hawaiian or Other Pacific Islander, or White;
13            (C) the number of officers that allegedly used, or
14        were known to use force, on the person;
15            (D) the number, or estimated number, of officers
16        deployed or present, or both, at the scene;
17            (E) whether the type of force used was (i)
18        physical contact, (ii) restraint, (iii) use of
19        non-lethal weapon or firearm, or (iv) lethal weapon or
20        firearm unholstered or discharged;
21            (F) if the person subjected to the use of force (i)
22        possessed any weapon or weapons or any tool or tools
23        capable of inflicting great bodily injury, (ii) acted
24        in a manner that indicated that they presented an
25        imminent threat of bodily injury to another person,
26        and (iii) the person subjected to the use of force

 

 

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1        attempted to resist restraint, to escape or evade
2        detention, or to flee;
3            (G) identify any injuries sustained, observed, or
4        communicated by (i) the person subjected to the use of
5        force, (ii) any peace officer who used force during
6        the incident, and (iii) any bystanders to the use of
7        force incident;
8            (H) identify the number of witnesses, if any, to
9        the use of force;
10            (I) identify if the officer was wearing a body
11        camera at the time of the use of force, and whether the
12        body camera was operational at the time of the use of
13        force;
14            (J) identify whether the person subjected to the
15        use of force was arrested, ticketed, or detained
16        following the use of force; and
17            (K) identify whether the use of force incident was
18        or is currently subject to an investigation.
19        (2) The number of incidents of unannounced entry into
20    a residence, with or without a warrant, reported to the
21    law enforcement agency during the preceding calendar
22    month. For each incident of unannounced entry into a
23    residence, the law enforcement agency shall report the
24    following:
25            (A) the date, time, and location of the use of
26        unannounced entry;

 

 

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1            (B) information about the person subjected to the
2        unannounced entry, including gender, age, ethnicity,
3        and race defined as American Indian or Alaska Native,
4        Asian, Black or African American, Hispanic or Latino,
5        Native Hawaiian or Other Pacific Islander, or White;
6            (C) whether an officer unholstered or discharged a
7        weapon during the unannounced entry;
8            (D) whether the subject of the warrant was at the
9        residence; and
10            (E) whether the residence was the correct address
11        and actually related to the purpose of the warrant
12        issued.
13    (c) All reports submitted by law enforcement agencies
14shall be accessible to the public under the Freedom of
15Information Act.
16    (d) No later than January 1, 2022, the Department of
17Illinois State Police shall make available to the public a
18statewide, searchable database with data collected pursuant to
19this Section.
20    (e) Any law enforcement agency that fails to meet its
21regular reporting requirements pursuant to this Section is
22subject to the suspension of its funding by its appropriating
23authority.
24    (f) Any officer who refuses or knowingly fails to provide
25truthful information as set forth in this Section shall be
26subject to appropriate discipline and, when necessary,

 

 

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1criminal prosecution. Nothing in this Section shall prohibit
2or discourage prosecution of any other criminal offense
3related to the failure to provide truthful information
4regarding a use of force, including a higher charge, if
5supported by the evidence.
 
6    Section 35. Duty to intervene and report unlawful use of
7force.
8    (a) A peace officer shall have an affirmative duty to
9intervene to prevent or stop another peace officer in their
10presence from using any unauthorized force or force that
11exceeds the degree of force permitted, if any without regard
12for chain of command.
13    (b) A peace officer who intervenes as required by this
14Section shall report the intervention to the appropriate
15person designated by the law enforcement agency in the manner
16prescribed by the agency. The report required by this Section
17must include, at minimum, the date, time, and place of the
18occurrence; the identity, if known, and description of the
19participants; and a description of the intervention actions
20taken and whether they were successful. In no event shall the
21report shall be made more than 5 business days after the
22incident.
23    (c) A member of a law enforcement agency shall not
24discipline nor retaliate in any way against a peace officer
25for intervening as required in this Section or for reporting

 

 

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1unconstitutional or unlawful conduct, or for failing to follow
2what the officer reasonably believes is an unconstitutional or
3unlawful directive
4    (d) Any peace officer who fails to intervene to prevent
5the use of unlawful force as set forth in subsection (a) of
6this Section or fails to report the intervention as set forth
7in subsection (b) of this Section shall be subject to
8appropriate discipline. Nothing in this Section shall prohibit
9or discourage prosecution of any other criminal offense
10related to failure to intervene, including a higher charge, if
11supported by the evidence.
 
12    Section 40. Use of military equipment by police.
13    (a) As used in this Section, "military equipment"
14includes, but is not limited to:
15        (1) automatic weapons not generally recognized as
16    particularly suitable for law enforcement purposes;
17        (2) any weapons that are .30 caliber or greater;
18        (3) silencers;
19        (4) tactical vehicles, including highly mobile
20    multi-wheeled vehicles, armored vehicles, and
21    mine-resistant ambush-protected vehicles;
22        (5) drones that include military-grade surveillance
23    hardware or software;
24        (6) aircraft that are combat configured or combat
25    coded, or have no established commercial flight

 

 

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1    application;
2        (7) grenades, similar explosives, and grenade
3    launchers;
4        (8) chemical incapacitants, including tear gas, and
5    other chemical agents;
6        (9) Bayonets; and
7        (10) any equipment or technology acquired via the 1033
8    Program authorized under the National Defense
9    Authorization Act, the Homeland Security Grant Program,
10    the Edward Byrne Memorial Justice Assistance Grant (JAG)
11    Program.
12    (b) No law enforcement agency may apply for or obtain any
13military equipment from the federal government, any other
14state government, or from any private entity as that term is
15defined in the Public-Private Partnerships for Transportation
16Act.
17    (c) No law enforcement agency may use any military
18equipment.
19    (d) All military equipment obtained by a law enforcement
20agency shall no longer be in use 6 months after the effective
21date of this Act.
22    (e) The Office of the Illinois Attorney General is hereby
23empowered to take all necessary and proper steps to ensure
24compliance with this Section.
 
25    Section 45. SWAT team activation and deployment.

 

 

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1    (a) As used in this Section, "SWAT Team" means a special
2unit composed of two or more peace officers within a law
3enforcement agency trained to provide a specialized or
4tactical response to incidents that exceed the capabilities of
5a standard law enforcement response
6    (b) All law enforcement agencies that have a SWAT Team
7shall:
8        (1) develop and publish a written policy establishing
9    the circumstances under which the SWAT Team can be
10    activated or deployed in accordance with subsection (d) of
11    this Section;
12        (2) obtain the approval of the commissioner of police,
13    chief officer of the law enforcement agency, or the
14    highest-ranking officer of the law enforcement agency
15    prior to activating or deploying the SWAT Team;
16        (3) include, in each activation or deployment of the
17    SWAT Team, a trained crisis negotiator; and
18        (4) verify that body cameras, if used, are operational
19    and functioning prior to any SWAT Team activation or
20    deployment.
21    (c) No law enforcement agency shall activate or deploy a
22SWAT Team except in response to dangerous emergency incidents
23that present an imminent threat to life, which are limited to
24the following incidents:
25        (1) hostage situations; and
26        (2) terrorist attacks or threats, including use or

 

 

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1    threatened use of weapons of mass destruction, chemical,
2    biological, radiological, nuclear, and explosive (CBRNE)
3    incidents, and active-shooter incidents.
4    (d) Beginning on January 1, 2022, a law enforcement agency
5that maintains a SWAT Team shall submit an annual report that
6includes the following information to the Illinois Attorney
7General Assembly:
8        (1) the number of times the SWAT Team was activated
9    and deployed by the law enforcement agency in the previous
10    month 12 months;
11        (2) the name of the county or county and municipal
12    corporation and the zip code of the location where the
13    swat team was deployed for each activation;
14        (3) the reason for each activation and deployment of
15    the SWAT Team;
16        (4) the legal authority, including type of warrant
17    executed, if any, for each activation and deployment of
18    the swat team; and
19        (5) the result of each activation and deployment of
20    the swat team, including:
21            (A) the number of arrests made, if any;
22            (B) whether property was seized, and if available,
23        its approximate value;
24            (C) whether a forcible entry was made;
25            (D) whether the subject of the warrant was at the
26        residence;

 

 

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1            (E) whether the residence was the correct address
2        and actually related to the purpose of the warrant
3        issued;
4            (F) whether a weapon was discharged by a swat team
5        member; and
6            (G) whether a person or domestic animal was
7        injured or killed by a swat team member.
 
8    Section 50. Home rule and other limitations.
9    (a) A unit of local government may enact ordinances,
10rules, regulations, or standards in a manner or to an extent
11equal to or greater than provided in this Act. A unit of local
12government may not regulate in a manner less restrictive than
13that set forth in this Act. This Section is a limitation under
14subsection (i) of Section 6 of Article VII of the Illinois
15Constitution on the concurrent exercise by home rule units of
16powers and functions exercised by the State.
17    (b) Each law enforcement agency shall adopt, revise, and
18implement policies, practices, procedures, and all other
19measures necessary to achieve compliance with this Act.
20Nothing in this Act shall be construed to prevent any law
21enforcement agency from establishing more restrictive
22limitations on any use of force by peace officers.