Bill Text: IL HB3232 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Creates the Tribal Law Enforcement Borders Act. Provides that law enforcement officers of the Prairie Band Potawatomi Nation may exercise the powers and authority of law enforcement officers anywhere on property owned, occupied, or operated by the Prairie Band Potawatomi Nation or at the site of a function sponsored by the Prairie Band Potawatomi Nation and other specified areas. Provides that law enforcement officers employed by a Native American Indian Tribe may exercise the powers and authority of law enforcement officers anywhere within the exterior limits of the reservation of the tribe employing the tribal law enforcement officer if the Native American Indian Tribe maintains in force a valid and binding agreement with an insurance carrier to provide liability insurance coverage for damages arising from the acts, errors, or omissions of the tribal law enforcement agency or officer and other specified omissions. Provides that the tribe shall waive its sovereign immunity solely to the extent necessary to permit recovery under the liability insurance, but not to exceed the policy limits. Sets forth provisions concerning county law enforcement borders, municipal law enforcement border, and the powers of all law enforcement officers. Makes other changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-18 - Referred to Rules Committee [HB3232 Detail]
Download: Illinois-2025-HB3232-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Tribal | |||||||||||||||||||
5 | Law Enforcement Borders Act.
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6 | Section 5. County law enforcement borders. County sheriffs | |||||||||||||||||||
7 | and their deputies may exercise the powers and authority of | |||||||||||||||||||
8 | law enforcement officers anywhere within their county.
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9 | Section 10. Municipal law enforcement borders. | |||||||||||||||||||
10 | (a) A law enforcement officer employed by a municipality | |||||||||||||||||||
11 | may exercise the powers and authority of a law enforcement | |||||||||||||||||||
12 | officer anywhere within the limits of the municipality | |||||||||||||||||||
13 | employing the law enforcement officer and outside of the | |||||||||||||||||||
14 | municipality when on property owned or under the control of | |||||||||||||||||||
15 | the municipality. | |||||||||||||||||||
16 | (b) In addition to the areas where a law enforcement | |||||||||||||||||||
17 | officer may exercise the powers and authority of a law | |||||||||||||||||||
18 | enforcement officer under subsection (a), law enforcement | |||||||||||||||||||
19 | officers of any jurisdiction within DeKalb County may exercise | |||||||||||||||||||
20 | the powers and authority of law enforcement officers in any | |||||||||||||||||||
21 | area within DeKalb County when executing a valid arrest | |||||||||||||||||||
22 | warrant or search warrant to the extent necessary to execute |
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1 | the warrants. | ||||||
2 | (c) In addition to the areas where law enforcement | ||||||
3 | officers may exercise the powers and authority of law | ||||||
4 | enforcement officers under subsection (a), a law enforcement | ||||||
5 | officer of any jurisdiction within Johnson County may exercise | ||||||
6 | the powers and authority as law enforcement officers in any | ||||||
7 | adjoining city within Johnson County when any crime, including | ||||||
8 | a traffic infraction, has been or is being committed by a | ||||||
9 | person in view of the law enforcement officer. A law | ||||||
10 | enforcement officer shall be considered to be exercising | ||||||
11 | powers under subsection (a), when the officer is responding to | ||||||
12 | the scene of a crime, even if the officer exits the city limits | ||||||
13 | of the city employing the officer and further reenters the | ||||||
14 | city limits of the city employing the officer to respond to the | ||||||
15 | scene.
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16 | Section 15. Tribal law enforcement. | ||||||
17 | (a) Law enforcement officers employed by a Native American | ||||||
18 | Indian Tribe may exercise the powers and authority of law | ||||||
19 | enforcement officers anywhere within the exterior limits of | ||||||
20 | the reservation of the tribe employing the tribal law | ||||||
21 | enforcement officer, subject to the following: | ||||||
22 | (1) The provisions of this subsection shall be | ||||||
23 | applicable only if the Native American Indian Tribe | ||||||
24 | maintains in force a valid and binding agreement with an | ||||||
25 | insurance carrier to provide liability insurance coverage |
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1 | for damages arising from the acts, errors, or omissions of | ||||||
2 | the tribal law enforcement agency or officer while acting | ||||||
3 | under this Section and waives its tribal immunity, as | ||||||
4 | provided in paragraph (2), for any liability for damages | ||||||
5 | arising from the acts, errors or omissions of the tribal | ||||||
6 | law enforcement agency or officer while acting pursuant to | ||||||
7 | this section. The insurance policy shall: | ||||||
8 | (A) Be in an amount not less than $500,000 for any | ||||||
9 | one person and $2,000,000 for any one occurrence for | ||||||
10 | personal injury and $1,000,000 for any one occurrence | ||||||
11 | for property damage; | ||||||
12 | (B) be in an amount not less than $2,000,000 | ||||||
13 | aggregate loss limit; | ||||||
14 | (C) carry an endorsement to provide coverage for | ||||||
15 | mutual aid assistance; | ||||||
16 | (D) include an endorsement providing that the | ||||||
17 | insurer may not invoke tribal sovereign immunity up to | ||||||
18 | the limits of the policy set forth herein. | ||||||
19 | Any insurance carrier providing the liability insurance | ||||||
20 | coverage to a tribe shall certify to the Attorney General that | ||||||
21 | the tribe has in effect coverage which complies with the | ||||||
22 | requirements of this subsection. The tribe's insurance carrier | ||||||
23 | shall notify the Attorney General immediately by first class | ||||||
24 | mail if for any reason the coverage terminates or no longer | ||||||
25 | complies with the requirements of this subsection. | ||||||
26 | (2) The provisions of this subsection shall be |
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1 | applicable only if the Native American Indian Tribe has | ||||||
2 | filed a map clearly showing the boundaries of the tribe's | ||||||
3 | reservation with the county clerk. | ||||||
4 | (b) If a claim is brought against any tribal law | ||||||
5 | enforcement agency or officer for acts committed by an | ||||||
6 | agency or officer while acting under this Act, then the | ||||||
7 | claim shall be subject to disposition as if the tribe was | ||||||
8 | the State under the Court of Claims Act. However, the | ||||||
9 | Court of Claims Act shall not govern the tribe's purchase | ||||||
10 | of insurance. The tribe shall waive its sovereign immunity | ||||||
11 | solely to the extent necessary to permit recovery under | ||||||
12 | the liability insurance, but not to exceed the policy | ||||||
13 | limits. | ||||||
14 | (c) Nothing in this Section shall be construed to | ||||||
15 | prohibit any agreement between any State or local law | ||||||
16 | enforcement agency and any Native American Indian Tribe. | ||||||
17 | (d) Nothing in this Section shall be construed to | ||||||
18 | affect the provision of law enforcement services outside | ||||||
19 | the exterior boundaries of reservations so as to affect in | ||||||
20 | any way the criteria by which the United States department | ||||||
21 | of the interior makes a determination regarding placement | ||||||
22 | of land into trust. | ||||||
23 | (e) Neither the State nor any entity of the State | ||||||
24 | shall be liable for any act or failure to act by any tribal | ||||||
25 | law enforcement officer.
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1 | Section 20. Prairie Band Potawatomi Nation law enforcement | ||||||
2 | officers. Law enforcement officers of the Prairie Band | ||||||
3 | Potawatomi Nation may exercise the powers and authority of law | ||||||
4 | enforcement officers anywhere: | ||||||
5 | (1) on property owned, occupied, or operated by the | ||||||
6 | Prairie Band Potawatomi Nation or at the site of a | ||||||
7 | function sponsored by the Prairie Band Potawatomi Nation; | ||||||
8 | (2) on the streets, property, and highways immediately | ||||||
9 | adjacent to and coterminous with property described in | ||||||
10 | paragraph (1); | ||||||
11 | (3) within a municipality or county containing | ||||||
12 | property described in paragraph (1) or (2) is located, as | ||||||
13 | necessary to protect the health, safety and welfare of | ||||||
14 | benefit district employees, board members, volunteers, and | ||||||
15 | visitors, with appropriate agreement by local law | ||||||
16 | enforcement agencies. Agreements under this paragraph | ||||||
17 | shall include provisions defining the geographical scope | ||||||
18 | of the jurisdiction conferred, circumstances requiring the | ||||||
19 | extended jurisdiction, scope of law enforcement powers, | ||||||
20 | and duration of the agreement. Before any agreement | ||||||
21 | entered into under this Section shall take effect, it | ||||||
22 | shall be approved by the governing body of the | ||||||
23 | municipality, county, or both the municipality and county, | ||||||
24 | having jurisdiction where the property is located, and the | ||||||
25 | governing board of the Prairie Band Potawatomi Nation; and | ||||||
26 | (4) with appropriate notification of and coordination |
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1 | with local law enforcement agencies within the | ||||||
2 | municipality or county containing property described in | ||||||
3 | paragraph (1) or (2) is located, when there is reason to | ||||||
4 | believe that a violation of a State law, county | ||||||
5 | resolution, or municipality ordinance has occurred on the | ||||||
6 | property, as necessary to investigate and arrest persons | ||||||
7 | for the violation.
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8 | Section 25. Powers of all law enforcement agencies. | ||||||
9 | (a) All law enforcement officers not otherwise provided | ||||||
10 | statewide jurisdiction may exercise the powers and authority | ||||||
11 | of law enforcement officers anywhere when: | ||||||
12 | (1) a request for assistance has been made by law | ||||||
13 | enforcement officers from the area for which assistance is | ||||||
14 | requested; | ||||||
15 | (2) in fresh pursuit of a person; | ||||||
16 | (3) transporting persons in custody to an appropriate | ||||||
17 | facility, wherever the facility is located; and | ||||||
18 | (4) investigating a crime that occurred within the law | ||||||
19 | enforcement officer's jurisdiction, with appropriate | ||||||
20 | notification to and coordination with a local law | ||||||
21 | enforcement agency with jurisdiction over the area where | ||||||
22 | the investigation is to be conducted. | ||||||
23 | (b) In addition to the jurisdictional authority provided | ||||||
24 | under this Act and any other provision of law, all law | ||||||
25 | enforcement officers may exercise the powers and authority of |
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1 | law enforcement officers when outside their described | ||||||
2 | jurisdiction and when an activity is observed leading the | ||||||
3 | officer to reasonably suspect a person is committing, has | ||||||
4 | committed, or is about to commit a crime and reasonably | ||||||
5 | believe that a person is in imminent danger of death or bodily | ||||||
6 | injury without immediate action, subject to all of the | ||||||
7 | following: | ||||||
8 | (1) The officer is in an on-duty status, traveling in | ||||||
9 | a law enforcement vehicle to or from work or traveling to a | ||||||
10 | training or law enforcement function outside the law | ||||||
11 | enforcement officer's jurisdiction. | ||||||
12 | (2) The officer reports the activity and their actions | ||||||
13 | to a law enforcement agency with jurisdiction. | ||||||
14 | (3) The officer remains at the location of the | ||||||
15 | activity and cooperates with officers responding from the | ||||||
16 | jurisdiction of occurrence. | ||||||
17 | (4) The officer is in uniform or otherwise properly | ||||||
18 | identified as a law enforcement officer. | ||||||
19 | (5) The agency employing the officer may impose | ||||||
20 | additional restrictions through written policies. |