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[ House Amendment 001 ] |
92_HB4915 LRB9214090BDdv 1 AN ACT concerning peace officers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Section 1-4-6 as follows: 6 (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6) 7 Sec. 1-4-6. In case any injury to the person or property 8 of another is caused by a member of the police department of 9 a municipality having a population of less than 500,000 while 10 the member is engaged in the performance of his or her duties 11 as a police officer, and without the contributory negligence 12 of the injured person or the owner of the injured property, 13 or the agent or servant of the injured person or owner, the 14 municipality in whose behalf the member of the municipal 15 police department is performing his or her duties as police 16 officer shall indemnify the police officer for any judgment 17 recovered against him or her as the result of such injury, 18 except where the injury results from the wilful misconduct of 19 the police officer, to the extent of not to exceed $500,00020including costs of the action.Any police officer, or any21person who, at the time of performing such an act complained22of, was a police officer, who is made a party defendant to23any such action shall, within 10 days of service of process24upon him or her, notify the municipality by whom he or she is25or was employed, of the fact that the action has been26instituted, and that he or she has been made a party27defendant to the same. Such notice shall be in writing, and28shall be filed in the office of the city attorney or29corporation counsel, if there is a city attorney or30corporation counsel, and also in the office of the municipal31clerk, either by himself, his or her agent, or attorney. The-2- LRB9214090BDdv 1notice shall state in substance, that such police officer,2(naming him or her), has been served with process and made a3party defendant to an action wherein it is claimed that a4person has suffered injury to his or her person or property5caused by such police officer; stating the title and number6of the case; the court wherein the same is pending; and the7date such police officer was served with process in such8action, and made a party defendant thereto. The municipality9which is or may be liable to indemnify the police officer10shall have the right to intervene in the suit against the11police officer, and shall be permitted to appear and defend.12The duty of the city to indemnify any such policeman for any13judgment recovered against him shall be conditioned upon14receiving notice of the filing of any such action in the15manner and form hereinabove described.16 For the purposes of this Section, no civilian defense 17 worker, nor any member of any agency engaged in any civilian 18 defense activity, performing services as a part of any 19 civilian defense program, shall be considered to be a member 20 of a municipal police department. 21 If any person in obeying the command of any such 22 policeman to assist in arresting or securing an offender is 23 killed or injured, or his or her property or that of his or 24 her employer is damaged, and such death, injury or damage 25 arises out of and in the course of aiding such policeman in 26 arresting, or endeavoring to arrest, a person or retaking or 27 endeavoring to re-take a person who has escaped from legal 28 custody, the person or employer so injured, or whose property 29 is so damaged, or the personal representatives of the person 30 so killed, shall have a cause of action to recover the amount 31 of such damage or injury against the municipal corporation by 32 which such police officer is employed at the time such 33 command is obeyed. 34 If a police officer is acting within a municipality other -3- LRB9214090BDdv 1 than his or her employing municipality under an agreement 2 pursuant to Section 11-1-2.1, the liability or obligation to 3 indemnify imposed by this Section does not extend to both 4 municipalities. Only that municipality designated by the 5 agreement is subject to such liability or obligation to 6 indemnify, but, if the agreement is silent as to such 7 liability or obligation, then the municipality by which the 8 police officer is employed is subject to such liability or 9 obligation. 10 If a police officer is acting within a municipality other 11 than his or her employing municipality under the provisions 12 of Section 1-4-8, the liability or obligation to indemnify 13 imposed by this Section shall be the liability or obligation 14 of the requesting municipality only. The notice required in 15 this Section 1-4-6 shall be given to the municipality in 16 which he was acting if other than his employing municipality. 17 (Source: P.A. 86-470.) 18 Section 10. The Local Governmental and Governmental 19 Employees Tort Immunity Act is amended by changing Section 20 9-102 as follows: 21 (745 ILCS 10/9-102) (from Ch. 85, par. 9-102) 22 Sec. 9-102. A local public entity is empowered and 23 directed to pay any tort judgment or settlement for any and 24 allcompensatorydamages for which it or an employee while 25 acting within the scope of his employment is liable in the 26 manner provided in this Article. All other provisions of this 27 Article, including but not limited to the payment of 28 judgments and settlements in installments, the issuance of 29 bonds, the maintenance of rates and charges, and the levy of 30 taxes shall be equally applicable to judgments or settlements 31 relating to both a local public entity or an employee and 32 those undertakings assumed by a local public entity in -4- LRB9214090BDdv 1 intergovernmental joint self-insurance contracts. A local 2 public entity may make payments to settle or compromise a 3 claim or action which has been or might be filed or 4 instituted against it when the governing body or person 5 vested by law or ordinance with authority to make over-all 6 policy decisions for such entity considers it advisable to 7 enter into such a settlement or compromise. 8 (Source: P.A. 84-1431.)