HB3905 102ND GENERAL ASSEMBLY

LRB102 16934 RLC 22350 b

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.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. If and only if House Bill 3653 of the 101st General Assembly becomes law, the Criminal Code of 2012 is amended by changing Section 7-5.5 as follows:

(720 ILCS 5/7-5.5)

Sec. 7-5.5. Prohibited use of force by a peace officer.

(a) A peace officer, or any person acting on behalf of a peace officer, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation in the performance of his or her duties, unless deadly force is justified under Article 7 of this Code.

(b) A peace officer, or any person acting on behalf of a peace officer, shall not use a chokehold or restraint above the shoulders with risk of asphyxiation, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion.

(c) As used in this Section, "chokehold" means applying any direct pressure to the throat, windpipe, or airway of another.

(d) As used in this Section, "restraint above the shoulders with risk of positional asphyxiation" means a use of a technique used to restrain a person above the shoulders, including the neck or head, in a position which interferes with the person's ability to breathe after the person no longer poses a threat to the officer or any other person.

(e) A peace officer, or any person acting on behalf of a peace officer, shall not:

(i) use force as punishment or retaliation;

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

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

(iv) 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.

(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16; 10100HB3653enr.)

Section 99. Effective date. This Act takes effect upon becoming law.