Full Text of HB3905 102nd General Assembly
HB3905 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3905 Introduced 2/22/2021, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
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If and only if House Bill 3653 of the 101st General Assembly becomes law, amends the Criminal Code of 2012. In a section regarding prohibited use of force by a peace officers, removes provisions prohibiting the discharge of kinetic impact projectiles and all other non-or less-lethal projectiles in a manner that targets the head, pelvis, or back. Effective immediately.
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| | A BILL FOR |
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| | | HB3905 | | LRB102 16934 RLC 22350 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. If and only if House Bill 3653 of the 101st | 5 | | General Assembly becomes law, the Criminal Code of 2012 is | 6 | | amended by changing Section 7-5.5 as follows: | 7 | | (720 ILCS 5/7-5.5) | 8 | | Sec. 7-5.5. Prohibited use of force by a peace officer. | 9 | | (a) A peace officer, or any person acting on behalf of a | 10 | | peace officer, shall not use a chokehold or restraint above | 11 | | the shoulders with risk of asphyxiation in the performance of | 12 | | his or her duties, unless deadly force is justified under | 13 | | Article 7 of this Code. | 14 | | (b) A peace officer, or any person acting on behalf of a | 15 | | peace officer, shall not use a chokehold or restraint above | 16 | | the shoulders with risk of asphyxiation, or any lesser contact | 17 | | with the throat or neck area of another, in order to prevent | 18 | | the destruction of evidence by ingestion. | 19 | | (c)
As used in this Section, "chokehold" means applying | 20 | | any direct pressure to the throat, windpipe, or airway of | 21 | | another.
| 22 | | (d) As used in this Section, "restraint above the | 23 | | shoulders with risk of positional asphyxiation" means a use of |
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| 1 | | a technique used to restrain a person above the shoulders, | 2 | | including the neck or head, in a position which interferes | 3 | | with the person's ability to breathe after the person no | 4 | | longer poses a threat to the officer or any other person. | 5 | | (e) A peace officer, or any person acting on behalf of a | 6 | | peace officer, shall not: | 7 | | (i) use force as punishment or retaliation; | 8 | | (ii) (blank) discharge kinetic impact projectiles and | 9 | | all other non-or less-lethal projectiles in a manner that | 10 | | targets the head, pelvis, or back ; | 11 | | (iii) discharge firearms or kinetic impact projectiles | 12 | | indiscriminately into a crowd; or | 13 | | (iv) use chemical agents or irritants, including | 14 | | pepper spray and tear gas, prior to issuing an order to | 15 | | disperse in a sufficient manner to ensure the order is | 16 | | heard and repeated if necessary, followed by sufficient | 17 | | time and space to allow compliance with the order. | 18 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16; | 19 | | 10100HB3653enr.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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