Bill Text: IL HB4122 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961. Provides that it is unlawful for any governing body, State agency, county government, local municipality, or institute of higher learning that employs peace officers to prohibit a peace officer from carrying a firearm in the performance of his or her duties, unless the peace officer fails to qualify with the firearm, is declared unfit for duty, and is unable to be armed.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-11-15 - Alternate Chief Sponsor Changed to Sen. Iris Y. Martinez [HB4122 Detail]
Download: Illinois-2009-HB4122-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 7-5 as follows:
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6 | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
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7 | Sec. 7-5. Peace officer's use of force in making arrest. | ||||||
8 | (a) A peace officer, or any person whom he has summoned or | ||||||
9 | directed
to assist him, need not retreat or desist from efforts | ||||||
10 | to make a lawful
arrest because of resistance or threatened | ||||||
11 | resistance to the arrest. He
is justified in the use of any | ||||||
12 | force which he reasonably believes to be
necessary to effect | ||||||
13 | the arrest and of any force which he reasonably
believes to be | ||||||
14 | necessary to defend himself or another from bodily harm
while | ||||||
15 | making the arrest. However, he is justified in using force | ||||||
16 | likely
to cause death or great bodily harm only when he | ||||||
17 | reasonably believes
that such force is necessary to prevent | ||||||
18 | death or great bodily harm to
himself or such other person, or | ||||||
19 | when he reasonably believes both that:
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20 | (1) Such force is necessary to prevent the arrest from | ||||||
21 | being
defeated by resistance or escape; and
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22 | (2) The person to be arrested has committed or attempted a | ||||||
23 | forcible
felony which involves the infliction or threatened |
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1 | infliction of great
bodily harm or is attempting to escape by | ||||||
2 | use of a deadly weapon, or
otherwise indicates that he will | ||||||
3 | endanger human life or inflict great
bodily harm unless | ||||||
4 | arrested without delay.
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5 | (b) A peace officer making an arrest pursuant to an invalid | ||||||
6 | warrant
is justified in the use of any force which he would be | ||||||
7 | justified in
using if the warrant were valid, unless he knows | ||||||
8 | that the warrant is
invalid.
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9 | (c) It is unlawful for any institute of higher learning | ||||||
10 | that employs peace officers to prohibit a peace officer from | ||||||
11 | carrying a firearm in the performance of his or her duties, | ||||||
12 | unless the peace officer fails to qualify with the firearm, is | ||||||
13 | declared unfit for duty, and is unable to be armed.
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14 | (Source: P.A. 84-1426.)
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