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90_SB0738
720 ILCS 5/7-8 from Ch. 38, par. 7-8
Amends the Criminal Code of 1961. Provides that a peace
officer's discharge of a firearm using ammunition designed to
disable or control an individual without creating the
likelihood of death or great bodily harm shall not be
considered force likely to cause death or great bodily harm
relating to a peace officer's justifiable use of force in
making an arrest.
LRB9002577RCcc
LRB9002577RCcc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 7-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 7-8 as follows:
7 (720 ILCS 5/7-8) (from Ch. 38, par. 7-8)
8 Sec. 7-8. Force likely to cause death or great bodily
9 harm.
10 (a) Force which is likely to cause death or great bodily
11 harm, within the meaning of Sections 7--5 and 7--6 includes:
12 (1) The firing of a firearm in the direction of the
13 person to be arrested, even though no intent exists to
14 kill or inflict great bodily harm; and
15 (2) The firing of a firearm at a vehicle in which
16 the person to be arrested is riding.
17 (b) A peace officer's discharge of a firearm using
18 ammunition designed to disable or control an individual
19 without creating the likelihood of death or great bodily harm
20 shall not be considered force likely to cause death or great
21 bodily harm within the meaning of Sections 7-5 and 7-6.
22 (Source: Laws 1961, p. 1983.)