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91_HB2612
LRB9104832OBcd
1 AN ACT relating to good samaritans.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal code of 1961 is amended by
5 adding Article 13.5 as follows:
6 (720 ILCS 5/ART. 13.5 heading new)
7 ARTICLE 13.5 DUTY TO AID
8 (720 ILCS 5/13.5-5 new)
9 Sec. 13.5-5. Short title. This Article may be cited as
10 the Duty To Aid Law.
11 (720 ILCS 5/13.5-10 new)
12 Sec. 13.5-10. Definitions. As used in this Article:
13 "Aid or assistance" means the direct and intentional act
14 of attempting to remove an individual from a dangerous
15 situation (i) when that individual has no other visible means
16 to be removed from the dangerous situation and (ii) when the
17 act is possible without danger to the individual providing
18 the aid or assistance. This act may include, but is not
19 limited to:
20 (1) arriving at the scene of danger with the intent
21 of attempting to aid or assist;
22 (2) using any modern means of technology to advise
23 any unit or entity, that commonly acts as an emergency or
24 rescue unit; or
25 (3) physically retrieving, directing, or informing
26 any unit or entity, that commonly acts as an emergency or
27 rescue unit, in an effort to remove the victim from
28 danger.
29 "Victim" means any individual who is physically placed in
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1 a situation that presents immediate or definite harm to his
2 or her health, safety, or life. A victim is one who has
3 recently been placed in a position that will cause, or has
4 caused, immediate danger, and can be removed from the
5 dangerous situation with reasonable, short-term assistance,
6 without the use of extraordinary resources. A victim may
7 include, but is not limited to, anyone who is unconscious,
8 immobile, incapacitated, or disoriented due to trauma or
9 shock.
10 A victim is not an individual who is seeking financial
11 support or an individual who seeks assistance in the
12 avoidance or relief from a continual, non-medical condition,
13 regardless of the potential perils associated with that
14 condition. A victim is not an individual who is seeking
15 assistance in the avoidance of law enforcement officers or
16 any other agent duly appointed by the court.
17 (720 ILCS 5/13.5-15 new)
18 Sec. 13.5-15. Violation. Any individual who (i) has
19 direct, indirect, or first-hand knowledge of any situation or
20 occurrence that has rendered another individual a victim and
21 (ii) fails to offer aid or assistance to that victim is
22 guilty of violating this Act if he or she does any of the
23 following:
24 (1) any act or non-act that permits or obstructs
25 any series of events that may assist in the removal or
26 release of any victim;
27 (2) any delay in any act or attempted action to aid
28 a victim in the removal or release from a situation that
29 would be deemed dangerous or potentially dangerous, to
30 the extent that the individual is not placed in a
31 position that jeopardizes his or her well-being;
32 (3) any delay in the initiation of any sequence of
33 events that directly or indirectly causes another to
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1 knowingly assist in removal or release of a victim from a
2 situation that would be deemed dangerous or potentially
3 dangerous, to the extent that the individual is not
4 placed in a position that jeopardizes his or her
5 well-being;
6 (4) any delay in any act that informs an emergency
7 unit of any situation that one has direct or indirect
8 knowledge of a situation or potential situation in which
9 a victim requires aid, regardless if the individual is
10 liable for any tort or other criminal offense that
11 initially caused injury to the victim.
12 (720 ILCS 5/13.5-20 new)
13 Sec. 13.5-20. Penalty. Whoever violates Section 13.5-15
14 is guilty of a petty offense and shall pay a fine not to
15 exceed $100.
16 Section 90. The Good Samaritan Act is amended by adding
17 Section 81 as follows:
18 (745 ILCS 49/81 new)
19 Sec. 81. Duty To Aid. Any individual who delivers aid
20 or assistance in accordance with any statute requiring an
21 individual to aid or assist another is not liable for any
22 civil damages as a result of any act while providing aid or
23 assistance.