102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3905

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-5.5

    If and only if House Bill 3653 of the 101st General Assembly becomes law, amends the Criminal Code of 2012. In a section regarding prohibited use of force by a peace officers, removes provisions prohibiting the discharge of kinetic impact projectiles and all other non-or less-lethal projectiles in a manner that targets the head, pelvis, or back. Effective immediately.


LRB102 16934 RLC 22350 b

 

 

A BILL FOR

 

HB3905LRB102 16934 RLC 22350 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. If and only if House Bill 3653 of the 101st
5General Assembly becomes law, the Criminal Code of 2012 is
6amended by changing Section 7-5.5 as follows:
 
7    (720 ILCS 5/7-5.5)
8    Sec. 7-5.5. Prohibited use of force by a peace officer.
9    (a) A peace officer, or any person acting on behalf of a
10peace officer, shall not use a chokehold or restraint above
11the shoulders with risk of asphyxiation in the performance of
12his or her duties, unless deadly force is justified under
13Article 7 of this Code.
14    (b) A peace officer, or any person acting on behalf of a
15peace officer, shall not use a chokehold or restraint above
16the shoulders with risk of asphyxiation, or any lesser contact
17with the throat or neck area of another, in order to prevent
18the destruction of evidence by ingestion.
19    (c) As used in this Section, "chokehold" means applying
20any direct pressure to the throat, windpipe, or airway of
21another.
22    (d) As used in this Section, "restraint above the
23shoulders with risk of positional asphyxiation" means a use of

 

 

HB3905- 2 -LRB102 16934 RLC 22350 b

1a technique used to restrain a person above the shoulders,
2including the neck or head, in a position which interferes
3with the person's ability to breathe after the person no
4longer poses a threat to the officer or any other person.
5    (e) A peace officer, or any person acting on behalf of a
6peace officer, shall not:
7        (i) use force as punishment or retaliation;
8        (ii) (blank) discharge kinetic impact projectiles and
9    all other non-or less-lethal projectiles in a manner that
10    targets the head, pelvis, or back;
11        (iii) discharge firearms or kinetic impact projectiles
12    indiscriminately into a crowd; or
13        (iv) use chemical agents or irritants, including
14    pepper spray and tear gas, prior to issuing an order to
15    disperse in a sufficient manner to ensure the order is
16    heard and repeated if necessary, followed by sufficient
17    time and space to allow compliance with the order.
18(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16;
1910100HB3653enr.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.