State of Illinois
90th General Assembly
Legislation

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90_SB0738enr

      720 ILCS 5/7-8            from Ch. 38, par. 7-8
          Amends the Criminal Code of 1961. Provides that  a  peace
      officer's discharge of a firearm using ammunition designed to
      disable   or  control  an  individual  without  creating  the
      likelihood of  death  or  great  bodily  harm  shall  not  be
      considered  force  likely to cause death or great bodily harm
      relating to a peace officer's justifiable  use  of  force  in
      making an arrest.
                                                     LRB9002577RCcc
SB738 Enrolled                                 LRB9002577RCcc
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 7-8.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Section 7-8 as follows:
 7        (720 ILCS 5/7-8) (from Ch. 38, par. 7-8)
 8        Sec. 7-8. Force likely to cause  death  or  great  bodily
 9    harm.
10        (a)  Force which is likely to cause death or great bodily
11    harm, within the meaning of Sections 7--5 and 7--6 includes:
12             (1)  The firing of a firearm in the direction of the
13        person  to  be  arrested, even though no intent exists to
14        kill or inflict great bodily harm; and
15             (2)  The firing of a firearm at a vehicle  in  which
16        the person to be arrested is riding.
17        (b)  A  peace  officer's  discharge  of  a  firearm using
18    ammunition designed  to  disable  or  control  an  individual
19    without creating the likelihood of death or great bodily harm
20    shall  not be considered force likely to cause death or great
21    bodily harm within the meaning of Sections 7-5 and 7-6.
22    (Source: Laws 1961, p. 1983.)

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