Bill Text: IL HB4488 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Peace Officer Motor Vehicle Pursuit Act. Provides that a peace officer is authorized to initiate a motor vehicle pursuit when the officer is able to articulate a reason to believe the occupant of a fleeing vehicle: (1) has committed or attempted to commit a forcible felony involving the infliction or threatened infliction of great bodily harm; (2) is attempting to escape by use of a deadly weapon or an object or device that the peace officer reasonably believes to be a deadly weapon; (3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately; or (4) is or has committed the offense of aggravated fleeing or attempting to elude a peace officer. Provides that a peace officer engaged in a motor vehicle pursuit shall activate both the rotating or flashing lights and the siren of his or her police vehicle. Provides that a peace officer who is driving a police vehicle equipped with a video camera shall ensure the camera is activated at all times while engaged in a pursuit or fleeing and eluding incident. Provides for police officer pursuit training. Preempts home rule. Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act to make conforming changes. Effective January 1, 2019.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4488 Detail]

Download: Illinois-2017-HB4488-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4488 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2605/2605-98 new
50 ILCS 705/7.5
Creates the Peace Officer Motor Vehicle Pursuit Act. Provides that a peace officer is authorized to initiate a motor vehicle pursuit when the officer is able to articulate a reason to believe the occupant of a fleeing vehicle: (1) has committed or attempted to commit a forcible felony involving the infliction or threatened infliction of great bodily harm; (2) is attempting to escape by use of a deadly weapon or an object or device that the peace officer reasonably believes to be a deadly weapon; (3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately; or (4) is or has committed the offense of aggravated fleeing or attempting to elude a peace officer. Provides that a peace officer engaged in a motor vehicle pursuit shall activate both the rotating or flashing lights and the siren of his or her police vehicle. Provides that a peace officer who is driving a police vehicle equipped with a video camera shall ensure the camera is activated at all times while engaged in a pursuit or fleeing and eluding incident. Provides for police officer pursuit training. Preempts home rule. Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act to make conforming changes. Effective January 1, 2019.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Peace
Officer Motor Vehicle Pursuit Act.
Section 5. Definitions. As used in this Act:
"Deadly weapon" means a Category I or Category II weapon as
defined in subsection (c) of Section 33A-1 of the Criminal Code
of 2012.
"Forcible felony" has the meaning ascribed to it in Section
2-8 of the Criminal Code of 2012.
"Peace officer" has the meaning ascribed to it in Section
2-13 of the Criminal Code of 2012.
Section 10. Peace officer motor vehicle pursuit.
(a) A peace officer may initiate a motor vehicle pursuit
when the officer is able to articulate a reason to believe the
occupant of a fleeing vehicle:
(1) has committed or attempted to commit a forcible
felony involving the infliction or threatened infliction
of great bodily harm;
(2) is attempting to escape by use of a deadly weapon
or an object or device that the peace officer reasonably

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believes to be a deadly weapon;
(3) otherwise indicates he or she will endanger human
life or inflict great bodily harm unless apprehended
immediately; or
(4) is or has committed the offense of aggravated
fleeing or attempting to elude a peace officer under
Section 11-204.1 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(b) A peace officer engaged in a motor vehicle pursuit
shall:
(1) activate both the rotating or flashing lights and
the siren of his or her police vehicle;
(2) drive with due regard for the safety of others and
exercise due care;
(3) if driving a police vehicle equipped with a video
camera, ensure the camera is activated at all times while
engaged in a pursuit or fleeing and eluding incident; and
(4) immediately make use of a geographically
appropriate radio dispatch system, such as the Illinois
State Police Emergency Radio Network or a similar
multi-agency law enforcement radio communication system
serving the area.
(c) The Illinois Law Enforcement Training Standards Board
shall develop curriculum and approve training on driving
instruction for probationary and permanent police officers
that includes:

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(1) crash avoidance methods;
(2) emergency response;
(3) precision driving; and
(4) pursuit techniques.
(d) The Illinois State Police Academy shall provide driving
instruction training for State troopers that includes:
(1) crash avoidance methods;
(2) emergency response;
(3) precision driving; and
(4) pursuit techniques.
(e) The Illinois State Police Academy and the Illinois Law
Enforcement Training Standards Board shall each separately
develop a model policy consistent with this Act.
Section 15. Home rule. A unit of local government,
including a home rule unit, may not regulate peace officer
motor vehicle pursuits in a manner inconsistent with the
regulation by the State of peace officer motor vehicle pursuits
under this Act. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
Section 105. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2605-98 as follows:

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(20 ILCS 2605/2605-98 new)
Sec. 2605-98. Training; motor vehicle pursuits.
(a) The Illinois State Police Academy shall provide driving
instruction training for State troopers that includes:
(1) crash avoidance methods;
(2) emergency response;
(3) precision driving; and
(4) pursuit techniques.
(b) The Illinois State Police Academy shall develop a model
policy concerning driving instruction for State troopers
consistent with the Peace Officer Motor Vehicle Pursuit Act.
Section 110. The Illinois Police Training Act is amended by
changing Section 7.5 as follows:
(50 ILCS 705/7.5)
Sec. 7.5. Police pursuit guidelines and curriculum.
(a) The Board shall annually review police pursuit
procedures and make available suggested police pursuit
guidelines for law enforcement agencies. This Section does not
alter the effect of previously existing law, including the
immunities established under the Local Governmental and
Governmental Employees Tort Immunity Act.
(b) The Board shall develop curriculum and approve training
on driving instruction for probationary and permanent police

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officers that includes:
(1) crash avoidance methods;
(2) emergency response;
(3) precision driving; and
(4) pursuit techniques.
(c) The Board shall develop a model policy concerning
driving instruction for probationary and permanent police
officers consistent with the Peace Officer Motor Vehicle
Pursuit Act.
(Source: P.A. 88-637, eff. 9-9-94.)
Section 999. Effective date. This Act takes effect January
1, 2019.