The landmark SAFE-T Act changes many different Illinois laws, not least of which are laws about the use of force by law enforcement agencies. Major cases of police misconduct, often resulting in tragic fatalities, have garnered significant news media and social media coverage in recent years. The death of George Floyd resulted in an increase in anti-police sentiment and calls for police reform and the “defunding of the police.” While the SAFE-T act does not equate to defunding police, it does signal a victory for those calling for significant reforms to police accountability.
Specifically, the SAFE-T Act makes sure that police are not authorized to use force except in certain circumstances and adds several subsections to Illinois law pertaining to the use of force. The SAFE-T Act clarifies which types of force are permissible to use in which circumstances and provides clear language on what qualifies those circumstances where force is permissible.
New Subsections on the Use of Force By Police Officers
The new legislation adds several subsections to existing law. The new subsections include ones mandating that officers make efforts to identify themselves and warn that deadly force may be used prior to the use of force, a section stating that officers may not use deadly force unless a reasonable officer would believe that the perpetrator poses a risk of imminent death or great bodily harm, and a provision stating that officers may not use deadly force against property offenders unless the offense is terrorism.
New Subsections C and D Pertaining to Use of Force When Making Arrests
The SAFE-T Act adds subsections c and d, which state:
c) “The authority to use physical force conferred on peace officers by this Article is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.”
d) “Peace officers shall use deadly force only when reasonably necessary in defense of human life. In determining whether deadly force is reasonably necessary, officers shall evaluate each situation in light of the totality of circumstances of each case including but not limited to the proximity in time of the use of force to the commission of a forcible felony, and the reasonable feasibility of safely apprehending a subject at a later time, and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer.”
The subsections and amendments treated in this article are not exhaustive and do not consider all changes made to the law through the SAFE-T Act. The topic of police use of force will be revisited at a later date.
Contact an Experienced Lawyer Today
Do not delay in getting legal help from our law offices if you are facing criminal charges. Glasgow & Olsson is uniquely qualified to help navigate new changes to Illinois State law. Recent changes to Illinois law likely affect your rights in prison, at trial, and in custody, so make sure to remain informed and updated. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.