103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5010

 

Introduced 2/8/2024, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-5.5

    Amends the Criminal Code of 2012. Deletes language prohibiting a peace officer, or any other person acting under the color of law, from discharging kinetic impact projectiles and all other non-lethal or less-lethal projectiles in a manner that targets the back.


LRB103 37854 RLC 67984 b

 

 

A BILL FOR

 

HB5010LRB103 37854 RLC 67984 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 7-5.5 as follows:
 
6    (720 ILCS 5/7-5.5)
7    Sec. 7-5.5. Prohibited use of force by a peace officer.
8    (a) A peace officer, or any other person acting under the
9color of law, shall not use a chokehold or restraint above the
10shoulders with risk of asphyxiation in the performance of his
11or her duties, unless deadly force is justified under this
12Article.
13    (b) A peace officer, or any other person acting under the
14color of law, shall not use a chokehold or restraint above the
15shoulders with risk of asphyxiation, or any lesser contact
16with the throat or neck area of another, in order to prevent
17the destruction of evidence by ingestion.
18    (c) As used in this Section, "chokehold" means applying
19any direct pressure to the throat, windpipe, or airway of
20another. "Chokehold" does not include any holding involving
21contact with the neck that is not intended to reduce the intake
22of air such as a headlock where the only pressure applied is to
23the head.

 

 

HB5010- 2 -LRB103 37854 RLC 67984 b

1    (d) As used in this Section, "restraint above the
2shoulders with risk of positional asphyxiation" means a use of
3a technique used to restrain a person above the shoulders,
4including the neck or head, in a position which interferes
5with the person's ability to breathe after the person no
6longer poses a threat to the officer or any other person.
7    (e) A peace officer, or any other person acting under the
8color of law, shall not:
9        (i) use force as punishment or retaliation;
10        (ii) discharge kinetic impact projectiles and all
11    other non-lethal or less-lethal projectiles in a manner
12    that targets the head, neck, groin, or anterior pelvis, or
13    back;
14        (iii) discharge conducted electrical weapons in a
15    manner that targets the head, chest, neck, groin, or
16    anterior pelvis;
17        (iv) discharge firearms or kinetic impact projectiles
18    indiscriminately into a crowd;
19        (v) use chemical agents or irritants for crowd
20    control, including pepper spray and tear gas, prior to
21    issuing an order to disperse in a sufficient manner to
22    allow for the order to be heard and repeated if necessary,
23    followed by sufficient time and space to allow compliance
24    with the order unless providing such time and space would
25    unduly place an officer or another person at risk of death
26    or great bodily harm; or

 

 

HB5010- 3 -LRB103 37854 RLC 67984 b

1        (vi) use chemical agents or irritants, including
2    pepper spray and tear gas, prior to issuing an order in a
3    sufficient manner to ensure the order is heard, and
4    repeated if necessary, to allow compliance with the order
5    unless providing such time and space would unduly place an
6    officer or another person at risk of death or great bodily
7    harm.
8(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
9102-687, eff. 12-17-21.)