SB1864 94TH GENERAL ASSEMBLY

LRB094 04255 LCB 34279 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1864

Introduced 2/25/2005, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

745 ILCS 10/4-108 new

Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides immunity for a local public entity for any injury resulting from the use of a firearm by: (i) a public employee not acting within the scope of his or her employment with the local public entity at the time the firearm is used; (ii) a person who is no longer employed by the local public entity at the time the firearm is used; or (iii) any qualified retired law enforcement officer, as defined in the federal Law Enforcement Officers Safety Act of 2004, carrying a firearm pursuant to that Act. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Local Governmental and Governmental Employees Tort Immunity Act is amended by adding Section 4-108 as follows:

(745 ILCS 10/4-108 new)

Sec. 4-108. Injury resulting from use of a firearm. A local public entity shall not be liable for any injury resulting from the use of a firearm by: (i) a public employee not acting within the scope of his or her employment with the local public entity at the time the firearm is used; (ii) a person who is no longer employed by the local public entity at the time the firearm is used; or (iii) any qualified retired law enforcement officer as defined in the federal Law Enforcement Officers Safety Act of 2004, carrying a firearm pursuant to that Act.

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