HB4122 Engrossed

LRB096 11807 RLC 22645 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 7-5 as follows:
 



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    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)



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    Sec. 7-5. Peace officer's use of force in making arrest. 
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(a) A peace officer, or any person whom he has summoned or 
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directed
to assist him, need not retreat or desist from efforts 
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to make a lawful
arrest because of resistance or threatened 
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resistance to the arrest. He
is justified in the use of any 
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force which he reasonably believes to be
necessary to effect 
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the arrest and of any force which he reasonably
believes to be 
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necessary to defend himself or another from bodily harm
while 
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making the arrest. However, he is justified in using force 
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likely
to cause death or great bodily harm only when he 
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reasonably believes
that such force is necessary to prevent 
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death or great bodily harm to
himself or such other person, or 
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when he reasonably believes both that:

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    (1) Such force is necessary to prevent the arrest from 
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being
defeated by resistance or escape; and

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    (2) The person to be arrested has committed or attempted a 
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forcible
felony which involves the infliction or threatened 
 


 






HB4122 Engrossed
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LRB096 11807 RLC 22645 b




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infliction of great
bodily harm or is attempting to escape by 
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use of a deadly weapon, or
otherwise indicates that he will 
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endanger human life or inflict great
bodily harm unless 
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arrested without delay.

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    (b) A peace officer making an arrest pursuant to an invalid 
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warrant
is justified in the use of any force which he would be 
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justified in
using if the warrant were valid, unless he knows 
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that the warrant is
invalid.

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    (c) It is unlawful for any institute of higher learning 
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that employs peace officers to prohibit a peace officer from 
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carrying a firearm in the performance of his or her duties, 
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unless the peace officer fails to qualify with the firearm, is 
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declared unfit for duty, and is unable to be armed.

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(Source: P.A. 84-1426.)