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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2736 Introduced , by Rep. Carol Ammons 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 is justified in using force likely
to cause death or great bodily harm only when the officer reasonably believes
that the force is necessary to prevent death or great bodily harm to
the officer or the other person, or when the officer reasonably believes both that: (1) the force is necessary to prevent the arrest from being
defeated by resistance or escape, the officer reasonably believes that the person to be arrested cannot be apprehended at a later date, and the officer reasonably believes that the person to be arrested is likely to cause great bodily harm to another; and (2) the person to be arrested just committed or attempted a forcible
felony which involves the infliction or threatened infliction of great
bodily harm and is attempting to escape by use of a deadly weapon, or
otherwise indicates that the person will endanger human life or inflict great
bodily harm unless arrested without delay.
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| | A BILL FOR |
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| | HB2736 | | LRB100 10710 RLC 20938 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 the officer he has |
| 9 | | summoned or directed
to assist the officer him, need not |
| 10 | | retreat or desist from efforts to make a lawful
arrest because |
| 11 | | of resistance or threatened resistance to the arrest. The |
| 12 | | officer He
is justified in the use of any force which the |
| 13 | | officer he reasonably believes to be
necessary to effect the |
| 14 | | arrest and of any force which the officer he reasonably
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| 15 | | believes to be necessary to defend the officer himself or |
| 16 | | another from bodily harm
while making the arrest. However, the |
| 17 | | officer he is justified in using force likely
to cause death or |
| 18 | | great bodily harm only when the officer he reasonably believes
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| 19 | | that the such force is necessary to prevent death or great |
| 20 | | bodily harm to the officer
himself or the such other person, or |
| 21 | | when the officer he reasonably believes both that:
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| 22 | | (1) the Such force is necessary to prevent the arrest |
| 23 | | from being
defeated by resistance or escape, the officer |