The passage of HB3653, also known as the Safe-T Act, advances various areas of progressive legislation, including sentencing equity, criminal justice, and police reform. The Safe-T Act purports that police will now be held to a higher and more rigorous standard of accountability. As a result, in the state of Illinois, law enforcement officer misconduct will be heavily tempered by the new rule of law.
HB3653 adds language to the Illinois statutes specifying conditions for the use of deadly force, which must be satisfied before deadly force is engaged. The new legislation adds two major conditions that must be satisfied in full before deadly force is used. These two major conditions actually consist of four sub conditions which must all be satisfied to justify the use of deadly force.
Components Required for the Use of Deadly Force
720 ILCS 5/7-5 has now been amended to require that:
- Such force is necessary to prevent the arrest from being defeated by resistance or escape; the officer reasonably believes that the person cannot be apprehended at a later date, and the officer reasonably believes that the person likely to be arrested is likely to cause great bodily harm to another; and
- The person to be arrested just committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.
Though the Illinois Compiled Statutes list these conditions as two conditions, it is important to note that each component consists of sub-conditions, effectively meaning that a law enforcement officer must believe four things before engaging with deadly force. The officer must reasonably believe that:
- Deadly force is necessary to prevent the arrest being defeated by resistance or escape; AND
- The subject of arrest could not be arrested at a later date; AND
- The subject is likely to cause great bodily harm to another; AND
- The subject JUST committed or attempted a forcible felony which involved the infliction or threatened infliction of great bodily harm OR is attempting to escape with a deadly weapon OR otherwise indicates that he will endanger human life OR inflict great bodily harm unless arrested without delay.
Without satisfying all of the above, officers cannot engage in the use of deadly force and can be charged with a crime.
Contact an Experienced Lawyer Today
It is essential to stay up-to-date on the laws in Illinois, as they are changing all the time. Glasgow & Olsson is uniquely qualified to help navigate any legal issues involving the police. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.