Rep. John M. Cabello

Filed: 4/15/2016





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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;
9        (3) otherwise indicates he or she will endanger human
10    life or inflict great bodily harm unless apprehended
11    immediately; or
12        (4) is or has committed the offense of aggravated
13    fleeing or attempting to elude a peace officer under
14    Section 11-204.1 of the Illinois Vehicle Code or a similar
15    provision of a local ordinance.
16    (b) A peace officer engaged in a motor vehicle pursuit
18        (1) activate both the rotating or flashing lights and
19    the siren of his or her police vehicle;
20        (2) drive with due regard for the safety of others and
21    exercise due care;
22        (3) if driving a police vehicle equipped with a video
23    camera, ensure the camera is activated at all times while
24    engaged in a pursuit or fleeing and eluding incident; and
25        (4) immediately make use of a geographically
26    appropriate radio dispatch system, such as the Illinois



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1    State Police Emergency Radio Network or a similar
2    multi-agency law enforcement radio communication system
3    serving the area.
4    (c) The Illinois Law Enforcement Training Standards Board
5shall develop curriculum and approve training on driving
6instruction for probationary and permanent police officers
7that includes:
8        (1) crash avoidance methods;
9        (2) emergency response;
10        (3) precision driving; and
11        (4) pursuit techniques.
12    (d) The Illinois State Police Academy shall provide driving
13instruction training for State troopers that includes:
14        (1) crash avoidance methods;
15        (2) emergency response;
16        (3) precision driving; and
17        (4) pursuit techniques.
18    (e) The Illinois State Police Academy and the Illinois Law
19Enforcement Training Standards Board shall each separately
20develop a model policy consistent with this Act.
21    Section 15. Home rule. A unit of local government,
22including a home rule unit, may not regulate peace officer
23motor vehicle pursuits in a manner inconsistent with the
24regulation by the State of peace officer motor vehicle pursuits
25under this Act. This Section is a limitation under subsection



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1(i) of Section 6 of Article VII of the Illinois Constitution on
2the concurrent exercise by home rule units of powers and
3functions exercised by the State.
4    Section 105. The Department of State Police Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2605-98 as follows:
7    (20 ILCS 2605/2605-98 new)
8    Sec. 2605-98. Training; motor vehicle pursuits.
9    (a) The Illinois State Police Academy shall provide driving
10instruction training for State troopers that includes:
11        (1) crash avoidance methods;
12        (2) emergency response;
13        (3) precision driving; and
14        (4) pursuit techniques.
15    (b) The Illinois State Police Academy shall develop a model
16policy concerning driving instruction for State troopers
17consistent with the Peace Officer Motor Vehicle Pursuit Act.
18    Section 110. The Illinois Police Training Act is amended by
19changing Section 7.5 as follows:
20    (50 ILCS 705/7.5)
21    Sec. 7.5. Police pursuit guidelines and curriculum.
22    (a) The Board shall annually review police pursuit



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1procedures and make available suggested police pursuit
2guidelines for law enforcement agencies. This Section does not
3alter the effect of previously existing law, including the
4immunities established under the Local Governmental and
5Governmental Employees Tort Immunity Act.
6    (b) The Board shall develop curriculum and approve training
7on driving instruction for probationary and permanent police
8officers that includes:
9        (1) crash avoidance methods;
10        (2) emergency response;
11        (3) precision driving; and
12        (4) pursuit techniques.
13    (c) The Board shall develop a model policy concerning
14driving instruction for probationary and permanent police
15officers consistent with the Peace Officer Motor Vehicle
16Pursuit Act.
17(Source: P.A. 88-637, eff. 9-9-94.)
18    Section 999. Effective date. This Act takes effect January
191, 2017.".