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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 $500,000
20 including costs of the action. Any police officer, or any
21 person who, at the time of performing such an act complained
22 of, was a police officer, who is made a party defendant to
23 any such action shall, within 10 days of service of process
24 upon him or her, notify the municipality by whom he or she is
25 or was employed, of the fact that the action has been
26 instituted, and that he or she has been made a party
27 defendant to the same. Such notice shall be in writing, and
28 shall be filed in the office of the city attorney or
29 corporation counsel, if there is a city attorney or
30 corporation counsel, and also in the office of the municipal
31 clerk, either by himself, his or her agent, or attorney. The
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1 notice shall state in substance, that such police officer,
2 (naming him or her), has been served with process and made a
3 party defendant to an action wherein it is claimed that a
4 person has suffered injury to his or her person or property
5 caused by such police officer; stating the title and number
6 of the case; the court wherein the same is pending; and the
7 date such police officer was served with process in such
8 action, and made a party defendant thereto. The municipality
9 which is or may be liable to indemnify the police officer
10 shall have the right to intervene in the suit against the
11 police officer, and shall be permitted to appear and defend.
12 The duty of the city to indemnify any such policeman for any
13 judgment recovered against him shall be conditioned upon
14 receiving notice of the filing of any such action in the
15 manner 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
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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 all compensatory damages 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
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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.)