State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB0021

 
                                               LRB9202748MWcd

 1        AN ACT concerning county sheriffs.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  County  Jail  Act  is amended by adding
 5    Section 19.5 as follows:

 6        (730 ILCS 125/19.5 new)
 7        Sec.  19.5.  Release  of  prisoners  to  law  enforcement
 8    personnel or State's Attorney. The  sheriff  must  adopt  and
 9    implement a written policy that provides for the release of a
10    person  who is in the custody of the sheriff for any criminal
11    or  supposed  criminal  matter  to  sworn   law   enforcement
12    personnel  or  to  the  State's  Attorney  for the purpose of
13    furthering investigations into criminal  matters.   Upon  the
14    release  of  a  person  to  law  enforcement personnel or the
15    State's Attorney under the written policy of the sheriff, the
16    sheriff shall not be liable  for  any  injury  of  any  kind,
17    including  but  not  limited  to  death, to either the person
18    released or to any third party that occurs  during  the  time
19    period  that  the  person  is  in  the  custody  of other law
20    enforcement personnel or  the  State's  Attorney  unless  the
21    sheriff  or  a   deputy  sheriff,  correctional guard, lockup
22    keeper, or county employee is guilty of  willful  and  wanton
23    conduct that proximately caused the injury.

24        Section  99.  Effective  date. This Act takes effect upon
25    becoming law.

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