Full Text of SB2850 96th General Assembly
SB2850eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 1-4-8 and 11-1-2.1 as follows: | 6 |
| (65 ILCS 5/1-4-8) (from Ch. 24, par. 1-4-8) | 7 |
| Sec. 1-4-8. Police assistance from other municipalities; | 8 |
| liability. In addition to the powers of the police of any | 9 |
| municipality
under Section 7-4-8 of this Act, the corporate | 10 |
| authorities of any
municipality under 500,000 population may | 11 |
| request of any other such
municipality or municipalities its | 12 |
| police and police department equipment,
and any such requested | 13 |
| municipality may furnish its policemen and police
department | 14 |
| equipment, to aid the requesting municipality in suppressing or
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| attempting to suppress, any mob action, riot or civil | 16 |
| disturbance occurring
within the requesting municipality, to | 17 |
| preserve the peace, and to protect
the lives, rights and | 18 |
| property of citizens , regardless of whether any
mutual | 19 |
| assistance agreement exists under Section 11-1-2.1 of this Act . | 20 |
| If a mutual assistance agreement between the | 21 |
| municipalities exists, then the provisions of that agreement in | 22 |
| relation to any liability shall apply, including any liability | 23 |
| to indemnify under Sections 1-4-5 or 1-4-6. If the mutual |
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| assistance agreement is silent as to liability, then this | 2 |
| Section shall apply. If there is no mutual assistance agreement | 3 |
| between the municipalities, then the provisions of this Section | 4 |
| apply. | 5 |
| Any municipality requesting and receiving such assistance | 6 |
| from another
jurisdiction shall be liable or obligated to | 7 |
| indemnify the furnishing
police department for any of its | 8 |
| equipment damaged or destroyed, and the
individual policemen so | 9 |
| furnished for any material damage to property,
injury to his or | 10 |
| her person or on account of his or her death, resulting from | 11 |
| the
unlawful activities performed or caused by the mob action, | 12 |
| riot or civil
disturbance, being or attempted to be suppressed | 13 |
| by the requesting
municipality. | 14 |
| Municipalities requesting police assistance under this | 15 |
| Section shall
also be liable for any liability or obligation to | 16 |
| indemnify the furnished
policeman, their legal representatives | 17 |
| in case of death, or the furnishing
municipality or police | 18 |
| department, as the case may be, for any liability or
obligation | 19 |
| to indemnify created by Section 1-4-5 and 1-4-6 which may occur
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| as a result of any police assistance furnished under this | 21 |
| Section. | 22 |
| Policemen furnished to other municipalities under this | 23 |
| Section have all
the powers of the police officers of the | 24 |
| requesting municipality and are
subject to the direction of the | 25 |
| chief of police of the requesting
municipality; however, they | 26 |
| shall retain all their pension and disability
rights while so |
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| furnished and working outside of their police district or
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| territory. | 3 |
| The corporate authorities of any municipality included in | 4 |
| this Section
may contract to procure necessary liability | 5 |
| insurance to cover any
liability created or imposed by this | 6 |
| Section. | 7 |
| (Source: Laws 1968, p. 26.)
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| (65 ILCS 5/11-1-2.1) (from Ch. 24, par. 11-1-2.1)
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| Sec. 11-1-2.1. Mutual assistance agreements. In addition | 10 |
| to the powers of the police of any municipality
under Section | 11 |
| 7-4-8 of this Act, the corporate authorities of each
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| municipality having a population of less than 500,000 may enter | 13 |
| into
agreements with any other such municipality or | 14 |
| municipalities to furnish
police assistance on request. Such | 15 |
| agreements shall contain provisions in
relation to any | 16 |
| liability, including any liability or obligation to
indemnify | 17 |
| created by Sections 1-4-5, 1-4-6, or 1-4-8 Section 1-4-5 or | 18 |
| Section 1-4-6 , which may occur as a
result of any police | 19 |
| assistance furnished under such agreements.
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| Police officers furnishing assistance under such | 21 |
| agreements have all of
the powers of police officers of any | 22 |
| requesting municipality and are
subject to the direction of the | 23 |
| chief of police of a requesting
municipality.
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| (Source: Laws 1967, p. 3284.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |
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