104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3232
 
Introduced , by Rep. Bradley Fritts
 
SYNOPSIS AS INTRODUCED:

New Act
    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.


LRB104 11056 RTM 21138 b


 
 
A BILL FOR
 
HB3232LRB104 11056 RTM 21138 b


1    AN ACT concerning government.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 1. Short title. This Act may be cited as the Tribal 
5Law Enforcement Borders Act.

6    Section 5. County law enforcement borders. County sheriffs 
7and their deputies may exercise the powers and authority of 
8law enforcement officers anywhere within their county.

9    Section 10. Municipal law enforcement borders.
10    (a) A law enforcement officer employed by a municipality 
11may exercise the powers and authority of a law enforcement 
12officer anywhere within the limits of the municipality 
13employing the law enforcement officer and outside of the 
14municipality when on property owned or under the control of 
15the municipality.
16    (b) In addition to the areas where a law enforcement 
17officer may exercise the powers and authority of a law 
18enforcement officer under subsection (a), law enforcement 
19officers of any jurisdiction within DeKalb County may exercise 
20the powers and authority of law enforcement officers in any 
21area within DeKalb County when executing a valid arrest 
22warrant or search warrant to the extent necessary to execute 
 
 
HB3232- 2 -LRB104 11056 RTM 21138 b


1the warrants.
2    (c) In addition to the areas where law enforcement 
3officers may exercise the powers and authority of law 
4enforcement officers under subsection (a), a law enforcement 
5officer of any jurisdiction within Johnson County may exercise 
6the powers and authority as law enforcement officers in any 
7adjoining city within Johnson County when any crime, including 
8a traffic infraction, has been or is being committed by a 
9person in view of the law enforcement officer. A law 
10enforcement officer shall be considered to be exercising 
11powers under subsection (a), when the officer is responding to 
12the scene of a crime, even if the officer exits the city limits 
13of the city employing the officer and further reenters the 
14city limits of the city employing the officer to respond to the 
15scene.

16    Section 15. Tribal law enforcement.
17    (a) Law enforcement officers employed by a Native American 
18Indian Tribe may exercise the powers and authority of law 
19enforcement officers anywhere within the exterior limits of 
20the reservation of the tribe employing the tribal law 
21enforcement 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 
 
 
HB3232- 3 -LRB104 11056 RTM 21138 b


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 
20coverage to a tribe shall certify to the Attorney General that 
21the tribe has in effect coverage which complies with the 
22requirements of this subsection. The tribe's insurance carrier 
23shall notify the Attorney General immediately by first class 
24mail if for any reason the coverage terminates or no longer 
25complies with the requirements of this subsection.
26        (2) The provisions of this subsection shall be 
 
 
HB3232- 4 -LRB104 11056 RTM 21138 b


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.

 
 
HB3232- 5 -LRB104 11056 RTM 21138 b


1    Section 20. Prairie Band Potawatomi Nation law enforcement 
2officers. Law enforcement officers of the Prairie Band 
3Potawatomi Nation may exercise the powers and authority of law 
4enforcement 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 
 
 
HB3232- 6 -LRB104 11056 RTM 21138 b


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.

8    Section 25. Powers of all law enforcement agencies.
9    (a) All law enforcement officers not otherwise provided 
10statewide jurisdiction may exercise the powers and authority 
11of 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 
24under this Act and any other provision of law, all law 
25enforcement officers may exercise the powers and authority of 
 
 
HB3232- 7 -LRB104 11056 RTM 21138 b


1law enforcement officers when outside their described 
2jurisdiction and when an activity is observed leading the 
3officer to reasonably suspect a person is committing, has 
4committed, or is about to commit a crime and reasonably 
5believe that a person is in imminent danger of death or bodily 
6injury without immediate action, subject to all of the 
7following:
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.