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.


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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.
 
 
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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 
 
 
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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.)