Bill Text: IL HB4615 | 2015-2016 | 99th 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; or (3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately. 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 Local Governmental and Governmental Employees Tort Immunity Act. Provides that neither a local public entity nor a public employee is liable for an injury caused by a peace officer motor vehicle pursuit conducted in good faith under the requirements of the Peace Officer Motor Vehicle Pursuit Act, unless the pursuit was conducted by the peace officer in a willful and wanton manner. 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, 2017.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB4615 Detail]

Download: Illinois-2015-HB4615-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4615 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
See Index
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; or (3) otherwise indicates he or she will endanger human life or inflict great bodily harm unless apprehended immediately. 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 Local Governmental and Governmental Employees Tort Immunity Act. Provides that neither a local public entity nor a public employee is liable for an injury caused by a peace officer motor vehicle pursuit conducted in good faith under the requirements of the Peace Officer Motor Vehicle Pursuit Act, unless the pursuit was conducted by the peace officer in a willful and wanton manner. 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, 2017.
LRB099 15654 RLC 39949 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
HB4615 LRB099 15654 RLC 39949 b
AN ACT concerning criminal law.
WHEREAS, One of the prime objectives of peace officers is
to arrest violators of the law while preserving the life and
safety of the public and violators; and
WHEREAS, When a vehicle pursuit is necessary, peace
officers shall make maximum use of all available resources such
as air support, radio communications, and computer networks to
reduce the threat to the public and violators; therefore
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.

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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
believes to be a deadly weapon; or
(3) otherwise indicates he or she will endanger human
life or inflict great bodily harm unless apprehended
immediately.
(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

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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:
(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

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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:
(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

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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
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 115. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by adding Section 4-108
as follows:
(745 ILCS 10/4-108 new)
Sec. 4-108. Peace officer motor vehicle pursuits. Neither a
local public entity nor a public employee is liable for an
injury caused by a peace officer motor vehicle pursuit
conducted in good faith under the requirements of the Peace
Officer Motor Vehicle Pursuit Act, unless the pursuit was

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conducted by the peace officer in a willful and wanton manner.
Section 999. Effective date. This Act takes effect January
1, 2017.
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INDEX
Statutes amended in order of appearance
New Act
20 ILCS 2605/2605-98 new
50 ILCS 705/7.5