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92_HB4915ham001 LRB9214090BDdvam01 1 AMENDMENT TO HOUSE BILL 4915 2 AMENDMENT NO. . Amend House Bill 4915 by replacing 3 the title with the following: 4 "AN ACT concerning local government."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Illinois Municipal Code is amended by 8 changing Section 1-4-6 as follows: 9 (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6) 10 Sec. 1-4-6. In case any injury to the person or property 11 of another is caused by a member of the police department of 12 a municipality having a population of less than 500,000 while 13 the member is engaged in the performance of his or her duties 14 as a police officer, and without the contributory negligence 15 of the injured person or the owner of the injured property, 16 or the agent or servant of the injured person or owner, the 17 municipality in whose behalf the member of the municipal 18 police department is performing his or her duties as police 19 officer shall indemnify the police officer for any judgment 20 recovered against him or her as the result of such injury, 21 except where the injury results from the wilful misconduct of -2- LRB9214090BDdvam01 1 the police officer, to the extent of not to exceed $1,000,000 2$500,000including costs of the action. Any police officer, 3 or any person who, at the time of performing such an act 4 complained of, was a police officer, who is made a party 5 defendant to any such action shall, within 2010days of 6 service of process upon him or her, notify the municipality 7 by whom he or she is or was employed, of the fact that the 8 action has been instituted, and that he or she has been made 9 a party defendant to the same. Such notice shall be in 10 writing, and shall be filed in the office of the city 11 attorney or corporation counsel, if there is a city attorney 12 or corporation counsel, and also in the office of the 13 municipal clerk, either by himself, his or her agent, or 14 attorney. The notice shall state in substance, that such 15 police officer, (naming him or her), has been served with 16 process and made a party defendant to an action wherein it is 17 claimed that a person has suffered injury to his or her 18 person or property caused by such police officer; stating the 19 title and number of the case; the court wherein the same is 20 pending; and the date such police officer was served with 21 process in such action, and made a party defendant thereto. 22 The municipality which is or may be liable to indemnify the 23 police officer shall have the right to intervene in the suit 24 against the police officer, and shall be permitted to appear 25 and defend. The duty of the city to indemnify any such 26 policeman for any judgment recovered against him shall be 27 conditioned upon receiving notice of the filing of any such 28 action in the manner and form hereinabove described. 29 For the purposes of this Section, no civilian defense 30 worker, nor any member of any agency engaged in any civilian 31 defense activity, performing services as a part of any 32 civilian defense program, shall be considered to be a member 33 of a municipal police department. 34 If any person in obeying the command of any such -3- LRB9214090BDdvam01 1 policeman to assist in arresting or securing an offender is 2 killed or injured, or his or her property or that of his or 3 her employer is damaged, and such death, injury or damage 4 arises out of and in the course of aiding such policeman in 5 arresting, or endeavoring to arrest, a person or retaking or 6 endeavoring to re-take a person who has escaped from legal 7 custody, the person or employer so injured, or whose property 8 is so damaged, or the personal representatives of the person 9 so killed, shall have a cause of action to recover the amount 10 of such damage or injury against the municipal corporation by 11 which such police officer is employed at the time such 12 command is obeyed. 13 If a police officer is acting within a municipality other 14 than his or her employing municipality under an agreement 15 pursuant to Section 11-1-2.1, the liability or obligation to 16 indemnify imposed by this Section does not extend to both 17 municipalities. Only that municipality designated by the 18 agreement is subject to such liability or obligation to 19 indemnify, but, if the agreement is silent as to such 20 liability or obligation, then the municipality by which the 21 police officer is employed is subject to such liability or 22 obligation. 23 If a police officer is acting within a municipality other 24 than his or her employing municipality under the provisions 25 of Section 1-4-8, the liability or obligation to indemnify 26 imposed by this Section shall be the liability or obligation 27 of the requesting municipality only. The notice required in 28 this Section 1-4-6 shall be given to the municipality in 29 which he was acting if other than his employing municipality. 30 (Source: P.A. 86-470.) 31 Section 10. The Local Governmental and Governmental 32 Employees Tort Immunity Act is amended by changing Section 33 9-102 as follows: -4- LRB9214090BDdvam01 1 (745 ILCS 10/9-102) (from Ch. 85, par. 9-102) 2 Sec. 9-102. A local public entity is empowered and 3 directed to pay any tort judgment or settlement for 4 compensatory damages, including attorney fees and costs, for 5 which it or an employee while acting within the scope of his 6 employment is liable in the manner provided in this Article. 7 All other provisions of this Article, including but not 8 limited to the payment of judgments and settlements in 9 installments, the issuance of bonds, the maintenance of rates 10 and charges, and the levy of taxes shall be equally 11 applicable to judgments or settlements relating to both a 12 local public entity or an employee and those undertakings 13 assumed by a local public entity in intergovernmental joint 14 self-insurance contracts. A local public entity may make 15 payments to settle or compromise a claim or action which has 16 been or might be filed or instituted against it when the 17 governing body or person vested by law or ordinance with 18 authority to make over-all policy decisions for such entity 19 considers it advisable to enter into such a settlement or 20 compromise. 21 (Source: P.A. 84-1431.)".