Bill Text: IL SB0065 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Creates the Reasonable Use of Force Act. Defines "chokehold," "peace officer," and "private security contractor." Provides that peace officers shall use an amount of force reasonably necessary based on the totality of the circumstances to perform a lawful task, effect an arrest, overcome resistance, control a subject, or protect themselves or others from injury. Prohibits reducing a person's ability to breathe due to chest compression, positing a person in any manner that restricts free breathing, or placing a person on his or her stomach unless necessary to overcome resistance and obtain control of a person or to protect themselves or others from injury. Prohibits the use of chokeholds by peace officers and private security contractors unless deadly force is justified under the Criminal Code of 2012. Provides that peace officers shall monitor an arrestee and seek medical attention for an arrestee after they have obtained control of a person and the person has been arrested. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0065 Detail]

Download: Illinois-2015-SB0065-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0065 Introduced 1/15/2015, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
New Act
Creates the Reasonable Use of Force Act. Defines "chokehold," "peace officer," and "private security contractor." Provides that peace officers shall use an amount of force reasonably necessary based on the totality of the circumstances to perform a lawful task, effect an arrest, overcome resistance, control a subject, or protect themselves or others from injury. Prohibits reducing a person's ability to breathe due to chest compression, positing a person in any manner that restricts free breathing, or placing a person on his or her stomach unless necessary to overcome resistance and obtain control of a person or to protect themselves or others from injury. Prohibits the use of chokeholds by peace officers and private security contractors unless deadly force is justified under the Criminal Code of 2012. Provides that peace officers shall monitor an arrestee and seek medical attention for an arrestee after they have obtained control of a person and the person has been arrested. Effective immediately.
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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
Reasonable Use of Force Act.
Section 5. Definitions. As used in this Act:
"Chokehold" includes, but is not limited to, any pressure
to a person's throat or windpipe which may prevent or hinder
breathing or reduce the intake of air.
"Peace officer" has the meaning as indicated in Section
2-13 of the Criminal Code of 2012.
"Private security contractor" has the meaning as indicated
in Section 5-10 of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004.
Section 10. Reasonable force; certain force prohibited;
monitoring and medical attention.
(a) Peace officers shall use an amount of force reasonably
necessary based on the totality of the circumstances to perform
a lawful task, effect an arrest, overcome resistance, control a
subject, or protect themselves or others from injury. Peace
officers shall refer to the Illinois Law Enforcement Training

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and Standards Board's Evaluation of Guidelines for Use of Force
Training and Article 7 of the Criminal Code of 2012 for
guidance on the appropriate amount of force to be used to
effect a lawful purpose.
(b) Peace officers shall not do any of the following unless
necessary to overcome resistance and obtain control of a person
or to protect themselves or others from injury:
(l) reduce a person's ability to breath by compressing
their chest through sitting, kneeling, or standing on a
person's chest;
(2) position a person in any manner that restricts free
breathing; or
(3) place a person on his or her stomach.
(c) Peace officers and private security contractors shall
not apply a chokehold in the performance of his or her duties
unless faced with a situation in which the use of deadly force
is justified under Article 7 of the Criminal Code of 2012.
(d) Peace officers shall do all of the following, but not
limited to, after a peace officer has obtained control of a
person pursuant to Section 7-5 of the Criminal Code of 2012 and
this Act, and the person has been arrested:
(1) monitor an arrestee until transported to a secure
location; and
(2) seek medical attention for an arrestee who has
injuries or illnesses that the peace officer is or should
be aware of.

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Section 99. Effective date. This Act takes effect upon
becoming law.