HB2788 102ND GENERAL ASSEMBLY

LRB102 14155 KMF 19507 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2788

Introduced 2/19/2021, by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Citizen Safety Act. Defines terms as used in the Act. Provides guidelines for law enforcement use of force and deadly force. Determines when the use of force is prohibited and what actions are prohibited in response to protests and large gatherings. Requires officers to report use of force incidents. Requires officers to intervene if another officer engages in the unlawful use of force. Requires the intervening officer to report the unlawful force. Provides guidelines for the use of military equipment and SWAT team activation and deployment. Provides that law enforcement agencies shall implement policies to comply with the Act. Limits home rule powers.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public safety.

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

Section 1. Short title. This Act may be cited as the Citizen Safety Act.

Section 5. Definitions. As used in this Act:

"Chokehold" means the use of any maneuver on a person that applies pressure to the neck, throat, windpipe, back, chest, abdomen or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain, transport methods and physical restraints that may create a substantial risk of positional asphyxia.

"Deadly force" means any use of force that creates a substantial risk of causing death or serious bodily injury, including any use of force that results in death or serious bodily injury to another, including, but not limited to the discharge of a firearm or any weapon that, in the manner of its use, is capable of causing death or serious bodily injury.

"Force" means any effort to control, restrain, compel, or overcome the resistance of another, including the use of physical force and suggested use of force such as unholstering or brandishing of a weapon at another person. "Kinetic impact projectiles" means projectiles, including, but not limited to, rubber and plastic bullets, bean bag rounds, sponge rounds and pellet rounds, that are usually shot from guns and launchers by law enforcement for crowd control purposes.

"Law enforcement officer" or "officer" means any person employed by a State, county, or municipality as a policeman, peace officer, or in some like position involving the enforcement of the law and protection of public interest at the risk of the person's life.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Section 10. Use of force.

(a) An officer, or any person whom the peace officer has summoned or directed to assist them, shall apply nonviolent means to resolve and de-escalate incidents before resorting to any use of force, and at all times shall limit the use of force in a manner consistent with the sanctity of human life.

(b) An officer may use force only if all other objectively reasonable non-violent means would be ineffective and there is a basis for a lawful arrest, or the use of force is necessary to prevent imminent threat of bodily injury to another person.

(c) In determining whether force should be used and, if necessary, the amount of force appropriate to use, an officer shall consider whether a person's conduct is the result of a medical condition, mental impairment, developmental disability, physical limitation, language barrier, drug or alcohol impairment, or other factor beyond the person's control.

(d) When any force is used, and consistent with subsections (a) through (c) of this Section, an officer shall:

(1) use only the amount of force that is objectively reasonable, necessary, and proportional under the circumstances;

(2) continue to use de-escalation techniques after they have initiated a use of force, including by continually assessing the situation and modifying the use of force as circumstances change and in ways that are consistent with the officer's and other persons' safety;

(3) immediately reduce the level of force as the threat diminishes, including by stopping force altogether;

(4) ensure that force is used in a manner that that minimizes injury to others, including the person against whom force is used and bystanders;

(5) ensure that assistance and medical aid are rendered to any persons who appear or indicate they are injured by the officer's use of force as soon as safe and practicable; and

(6) give a clear verbal or visual warning of their intent to use force and provide an objectively reasonable amount of time for the person to comply with the warning, before using force.

(e) Any officer found by a preponderance of the evidence to have violated a provision of this Section shall be dismissed from employment, in addition to any criminal or civil liabilities provided by law.

Section 15. Use of deadly force.

(a) An officer is justified in using deadly force only when such force is necessary for either of the following reasons:

(1) to defend against an imminent threat of death or serious bodily injury to the officer or to another person; or

(2) to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless deadly force is used.

(b) Unless an officer is authorized to use deadly force as set forth in subsection (a) of this Section, deadly force shall not be used:

(1) against a person who presents a threat only to themselves or property;

(2) against a person suspected of only a minor or nonviolent offense;

(3) in executing a warrant, unless the person on whom the warrant is being executed presents an imminent threat of death or serious bodily injury to the officer or to another person;

(4) in order to prevent the destruction of evidence or

(5) if the use of deadly force would create a substantial risk of serious bodily injury to other persons.

(c) If deadly force is used as authorized in this Section, an officer shall give a clear verbal warning of their intent to use firearms or other deadly force before using such force, providing an objectively reasonable amount of time for the warning to be observed and heeded, unless providing such clear verbal warning would unduly place an officer or another person at risk of death or serious bodily injury.

(d) Any officer found by a preponderance of the evidence to have violated a provision of this Section shall be dismissed from employment, in addition to any criminal or civil liabilities provided by law.

Section 20. Prohibited use of force.

(a) An officer shall not use a chokehold, for any purpose, in the performance of his or her duties.

(b) An officer shall not use force as punishment or retaliation.

Section 25. Prohibited action in response to protests and large gatherings.

(a) A law enforcement agency and any person acting on behalf of the law enforcement agency shall not:

(1) discharge kinetic impact projectiles and all other non-or less-lethal projectiles in a manner that targets the head, pelvis, or back;

(2) discharge kinetic impact projectiles indiscriminately into a crowd; or

(3) use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order.

(b) Any officer found by a preponderance of the evidence to have violated a provision of this Section shall be dismissed from employment, in addition to any criminal or civil liabilities provided by law.

Section 30. Duty to report use of force.

(a) All officers shall have an affirmative duty to report all use of force incidents, including use of deadly force, to their law enforcement agency in the manner prescribed by the agency.

(b) No later than the 15th day of each month, a law enforcement agency shall report to the Department of Illinois State Police the following information:

(1) The number of incidents of use of force reported to the agency during the preceding calendar month. For each incident of use of force, the agency shall report the following:

(A) the date, time, and location of the use of force;

(B) information about the person subject to use of force, including gender, age, ethnicity, and race defined as American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;

(C) the number of officers that allegedly used, or were known to use force, on the person;

(D) the number, or estimated number, of officers deployed or present, or both, at the scene;

(E) whether the type of force used was (i) physical contact, (ii) restraint, (iii) use of non-lethal weapon or firearm, or (iv) lethal weapon or firearm unholstered or discharged;

(F) if the person subjected to the use of force (i) possessed any weapon or weapons or any tool or tools capable of inflicting great bodily injury, (ii) acted in a manner that indicated that they presented an imminent threat of bodily injury to another person, and (iii) the person subjected to the use of force attempted to resist restraint, to escape or evade detention, or to flee;

(G) identify any injuries sustained, observed, or communicated by (i) the person subjected to the use of force, (ii) any peace officer who used force during the incident, and (iii) any bystanders to the use of force incident;

(H) identify the number of witnesses, if any, to the use of force;

(I) identify if the officer was wearing a body camera at the time of the use of force, and whether the body camera was operational at the time of the use of force;

(J) identify whether the person subjected to the use of force was arrested, ticketed, or detained following the use of force; and

(K) identify whether the use of force incident was or is currently subject to an investigation.

(2) The number of incidents of unannounced entry into a residence, with or without a warrant, reported to the law enforcement agency during the preceding calendar month. For each incident of unannounced entry into a residence, the law enforcement agency shall report the following:

(A) the date, time, and location of the use of unannounced entry;

(B) information about the person subjected to the unannounced entry, including gender, age, ethnicity, and race defined as American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;

(C) whether an officer unholstered or discharged a weapon during the unannounced entry;

(D) whether the subject of the warrant was at the residence; and

(E) whether the residence was the correct address and actually related to the purpose of the warrant issued.

(c) All reports submitted by law enforcement agencies shall be accessible to the public under the Freedom of Information Act.

(d) No later than January 1, 2022, the Department of Illinois State Police shall make available to the public a statewide, searchable database with data collected pursuant to this Section.

(e) Any law enforcement agency that fails to meet its regular reporting requirements pursuant to this Section is subject to the suspension of its funding by its appropriating authority.

(f) Any officer who refuses or knowingly fails to provide truthful information as set forth in this Section shall be subject to appropriate discipline and, when necessary, criminal prosecution. Nothing in this Section shall prohibit or discourage prosecution of any other criminal offense related to the failure to provide truthful information regarding a use of force, including a higher charge, if supported by the evidence.

Section 35. Duty to intervene and report unlawful use of force.

(a) A peace officer shall have an affirmative duty to intervene to prevent or stop another peace officer in their presence from using any unauthorized force or force that exceeds the degree of force permitted, if any without regard for chain of command.

(b) A peace officer who intervenes as required by this Section shall report the intervention to the appropriate person designated by the law enforcement agency in the manner prescribed by the agency. The report required by this Section must include, at minimum, the date, time, and place of the occurrence; the identity, if known, and description of the participants; and a description of the intervention actions taken and whether they were successful. In no event shall the report shall be made more than 5 business days after the incident.

(c) A member of a law enforcement agency shall not discipline nor retaliate in any way against a peace officer for intervening as required in this Section or for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive

(d) Any peace officer who fails to intervene to prevent the use of unlawful force as set forth in subsection (a) of this Section or fails to report the intervention as set forth in subsection (b) of this Section shall be subject to appropriate discipline. Nothing in this Section shall prohibit or discourage prosecution of any other criminal offense related to failure to intervene, including a higher charge, if supported by the evidence.

Section 40. Use of military equipment by police.

(a) As used in this Section, "military equipment" includes, but is not limited to:

(1) automatic weapons not generally recognized as particularly suitable for law enforcement purposes;

(2) any weapons that are .30 caliber or greater;

(3) silencers;

(4) tactical vehicles, including highly mobile multi-wheeled vehicles, armored vehicles, and mine-resistant ambush-protected vehicles;

(5) drones that include military-grade surveillance hardware or software;

(6) aircraft that are combat configured or combat coded, or have no established commercial flight application;

(7) grenades, similar explosives, and grenade launchers;

(8) chemical incapacitants, including tear gas, and other chemical agents;

(9) Bayonets; and

(10) any equipment or technology acquired via the 1033 Program authorized under the National Defense Authorization Act, the Homeland Security Grant Program, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.

(b) No law enforcement agency may apply for or obtain any military equipment from the federal government, any other state government, or from any private entity as that term is defined in the Public-Private Partnerships for Transportation Act.

(c) No law enforcement agency may use any military equipment.

(d) All military equipment obtained by a law enforcement agency shall no longer be in use 6 months after the effective date of this Act.

(e) The Office of the Illinois Attorney General is hereby empowered to take all necessary and proper steps to ensure compliance with this Section.

Section 45. SWAT team activation and deployment.

(a) As used in this Section, "SWAT Team" means a special unit composed of two or more peace officers within a law enforcement agency trained to provide a specialized or tactical response to incidents that exceed the capabilities of a standard law enforcement response

(b) All law enforcement agencies that have a SWAT Team shall:

(1) develop and publish a written policy establishing the circumstances under which the SWAT Team can be activated or deployed in accordance with subsection (d) of this Section;

(2) obtain the approval of the commissioner of police, chief officer of the law enforcement agency, or the highest-ranking officer of the law enforcement agency prior to activating or deploying the SWAT Team;

(3) include, in each activation or deployment of the SWAT Team, a trained crisis negotiator; and

(4) verify that body cameras, if used, are operational and functioning prior to any SWAT Team activation or deployment.

(c) No law enforcement agency shall activate or deploy a SWAT Team except in response to dangerous emergency incidents that present an imminent threat to life, which are limited to the following incidents:

(1) hostage situations; and

(2) terrorist attacks or threats, including use or threatened use of weapons of mass destruction, chemical, biological, radiological, nuclear, and explosive (CBRNE) incidents, and active-shooter incidents.

(d) Beginning on January 1, 2022, a law enforcement agency that maintains a SWAT Team shall submit an annual report that includes the following information to the Illinois Attorney General Assembly:

(1) the number of times the SWAT Team was activated and deployed by the law enforcement agency in the previous month 12 months;

(2) the name of the county or county and municipal corporation and the zip code of the location where the swat team was deployed for each activation;

(3) the reason for each activation and deployment of the SWAT Team;

(4) the legal authority, including type of warrant executed, if any, for each activation and deployment of the swat team; and

(5) the result of each activation and deployment of the swat team, including:

(A) the number of arrests made, if any;

(B) whether property was seized, and if available, its approximate value;

(C) whether a forcible entry was made;

(D) whether the subject of the warrant was at the residence;

(E) whether the residence was the correct address and actually related to the purpose of the warrant issued;

(F) whether a weapon was discharged by a swat team member; and

(G) whether a person or domestic animal was injured or killed by a swat team member.

Section 50. Home rule and other limitations.

(a) A unit of local government may enact ordinances, rules, regulations, or standards in a manner or to an extent equal to or greater than provided in this Act. A unit of local government may not regulate in a manner less restrictive than that set forth in this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(b) Each law enforcement agency shall adopt, revise, and implement policies, practices, procedures, and all other measures necessary to achieve compliance with this Act. Nothing in this Act shall be construed to prevent any law enforcement agency from establishing more restrictive limitations on any use of force by peace officers.