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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3829 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/7-5 | from Ch. 38, par. 7-5 |
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Amends the Criminal Code of 2012. Provides that a peace officer may reasonably believe deadly force is necessary to prevent death or great bodily harm when a deadly weapon is being directed towards himself or herself or another person. Deletes provision from the peace officer's justified use of deadly force that the force is necessary to prevent the arrest from being
defeated by resistance or escape.
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| | A BILL FOR |
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| | HB3829 | | LRB099 08922 RLC 29095 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section 7-5 as follows:
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6 | | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
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7 | | Sec. 7-5. Peace officer's use of force in making arrest. |
8 | | (a) A peace officer, or any person whom he has summoned or |
9 | | directed
to assist him, need not retreat or desist from efforts |
10 | | to make a lawful
arrest because of resistance or threatened |
11 | | resistance to the arrest. He
is justified in the use of any |
12 | | force which he reasonably believes to be
necessary to effect |
13 | | the arrest and of any force which he reasonably
believes to be |
14 | | necessary to defend himself or another from bodily harm
while |
15 | | making the arrest. However, he is justified in using force |
16 | | likely
to cause death or great bodily harm only when he |
17 | | reasonably believes
that such force is necessary to prevent |
18 | | death or great bodily harm to
himself or such other person, or |
19 | | when he reasonably believes both that:
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20 | | (1) (Blank); Such force is necessary to prevent the arrest |
21 | | from being
defeated by resistance or escape; and
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22 | | (2) the The person to be arrested has committed or |
23 | | attempted a forcible
felony which involves the infliction or |