(65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
Sec. 1-4-6.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of less than 500,000 while the member is engaged in the
performance of his or her duties as a police officer, and without the
contributory negligence of the injured person or the owner of the injured
property, or the agent or servant of the injured person or owner, the
municipality in whose behalf the member of the municipal police department
is performing his or her duties as police officer shall indemnify the
police officer for any judgment recovered against him or her as the result
of such injury, except where the injury results from the wilful misconduct
of the police officer, to the extent of not to exceed $1,000,000 including costs of the action. Any police officer, or any person
who, at the time of performing such an act complained of, was a police officer,
who is made a party defendant to any such action shall, within 10 days of
service of process upon him or her, notify the municipality by whom he or she
is or was employed, of the fact that the action has been instituted, and that
he or she has been made a party defendant to the same. Such notice shall be in
writing, and shall be filed in the office of the city attorney or corporation
counsel, if there is a city attorney or corporation counsel, and also in
the office of the municipal clerk, either by himself, his or her agent,
or attorney. The notice shall state in substance, that such police officer,
(naming him or her), has been served with process and
made a party defendant to an action wherein it is claimed that a person
has suffered injury to his or her person or property caused by such
police officer; stating the title and number of the case;
the court wherein the same is pending; and the date such police officer
was served with process in such action, and made a party defendant
thereto. The municipality which is or may be liable to indemnify the police
officer shall have the right to intervene in the suit against
the police officer, and shall be permitted to appear and defend.
The duty of the city to indemnify any such
policeman for any judgment recovered against him shall be conditioned upon
receiving notice of the filing of any such action in the manner and form
hereinabove described.
For the purposes of this Section, no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such policeman to assist in
arresting or securing an offender is killed or injured, or his or her property
or that of his or her employer is damaged, and such death, injury or damage
arises out of and in the course of aiding such policeman in arresting, or
endeavoring to arrest, a person or retaking or endeavoring to re-take a
person who has escaped from legal custody, the person or employer so
injured, or whose property is so damaged, or the personal representatives
of the person so killed, shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
If a police officer is acting within a municipality other than his or her
employing municipality under an agreement pursuant to Section 11-1-2.1, the
liability or obligation to indemnify imposed by this Section does not
extend to both municipalities. Only that municipality designated by the
agreement is subject to such liability or obligation to indemnify, but, if
the agreement is silent as to such liability or obligation, then the
municipality by which the police officer is employed is subject to such
liability or obligation.
If a police officer is acting within a municipality other than his or her
employing municipality under the provisions of Section 1-4-8, the liability or
obligation to indemnify imposed by this Section shall be the liability or
obligation of the requesting municipality only. The notice required in this
Section 1-4-6 shall be given to the municipality in which he was acting if
other than his employing municipality.
(Source: P.A. 92-810, eff. 8-21-02.)
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