Rep. John M. Cabello

Filed: 4/13/2016





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2    AMENDMENT NO. ______. Amend House Bill 4615 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Peace
5Officer Motor Vehicle Pursuit Act.
6    Section 5. Definitions. As used in this Act:
7    "Deadly weapon" means a Category I or Category II weapon as
8defined in subsection (c) of Section 33A-1 of the Criminal Code
9of 2012.
10    "Forcible felony" has the meaning ascribed to it in Section
112-8 of the Criminal Code of 2012.
12    "Peace officer" has the meaning ascribed to it in Section
132-13 of the Criminal Code of 2012.
14    Section 10. Peace officer motor vehicle pursuit.
15    (a) A peace officer may initiate a motor vehicle pursuit



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1when the officer is able to articulate a reason to believe the
2occupant of a fleeing vehicle:
3        (1) has committed or attempted to commit a forcible
4    felony involving the infliction or threatened infliction
5    of great bodily harm;
6        (2) is attempting to escape by use of a deadly weapon
7    or an object or device that the peace officer reasonably
8    believes to be a deadly weapon; or
9        (3) otherwise indicates he or she will endanger human
10    life or inflict great bodily harm unless apprehended
11    immediately.
12    (b) A peace officer engaged in a motor vehicle pursuit
14        (1) activate both the rotating or flashing lights and
15    the siren of his or her police vehicle;
16        (2) drive with due regard for the safety of others and
17    exercise due care;
18        (3) if driving a police vehicle equipped with a video
19    camera, ensure the camera is activated at all times while
20    engaged in a pursuit or fleeing and eluding incident; and
21        (4) immediately make use of a geographically
22    appropriate radio dispatch system, such as the Illinois
23    State Police Emergency Radio Network or a similar
24    multi-agency law enforcement radio communication system
25    serving the area.
26    (c) The Illinois Law Enforcement Training Standards Board



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1shall develop curriculum and approve training on driving
2instruction for probationary and permanent police officers
3that includes:
4        (1) crash avoidance methods;
5        (2) emergency response;
6        (3) precision driving; and
7        (4) pursuit techniques.
8    (d) The Illinois State Police Academy shall provide driving
9instruction training for State troopers that includes:
10        (1) crash avoidance methods;
11        (2) emergency response;
12        (3) precision driving; and
13        (4) pursuit techniques.
14    (e) The Illinois State Police Academy and the Illinois Law
15Enforcement Training Standards Board shall each separately
16develop a model policy consistent with this Act.
17    Section 15. Home rule. A unit of local government,
18including a home rule unit, may not regulate peace officer
19motor vehicle pursuits in a manner inconsistent with the
20regulation by the State of peace officer motor vehicle pursuits
21under this Act. This Section is a limitation under subsection
22(i) of Section 6 of Article VII of the Illinois Constitution on
23the concurrent exercise by home rule units of powers and
24functions exercised by the State.



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1    Section 105. The Department of State Police Law of the
2Civil Administrative Code of Illinois is amended by adding
3Section 2605-98 as follows:
4    (20 ILCS 2605/2605-98 new)
5    Sec. 2605-98. Training; motor vehicle pursuits.
6    (a) The Illinois State Police Academy shall provide driving
7instruction training for State troopers that includes:
8        (1) crash avoidance methods;
9        (2) emergency response;
10        (3) precision driving; and
11        (4) pursuit techniques.
12    (b) The Illinois State Police Academy shall develop a model
13policy concerning driving instruction for State troopers
14consistent with the Peace Officer Motor Vehicle Pursuit Act.
15    Section 110. The Illinois Police Training Act is amended by
16changing Section 7.5 as follows:
17    (50 ILCS 705/7.5)
18    Sec. 7.5. Police pursuit guidelines and curriculum.
19    (a) The Board shall annually review police pursuit
20procedures and make available suggested police pursuit
21guidelines for law enforcement agencies. This Section does not
22alter the effect of previously existing law, including the
23immunities established under the Local Governmental and



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1Governmental Employees Tort Immunity Act.
2    (b) The Board shall develop curriculum and approve training
3on driving instruction for probationary and permanent police
4officers that includes:
5        (1) crash avoidance methods;
6        (2) emergency response;
7        (3) precision driving; and
8        (4) pursuit techniques.
9    (c) The Board shall develop a model policy concerning
10driving instruction for probationary and permanent police
11officers consistent with the Peace Officer Motor Vehicle
12Pursuit Act.
13(Source: P.A. 88-637, eff. 9-9-94.)
14    Section 999. Effective date. This Act takes effect January
151, 2017.".