State of Illinois
91st General Assembly
Legislation

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[ House Amendment 002 ][ Senate Amendment 001 ]

91_HB3841sam002

 










                                           LRB9112820MWpkam01

 1                    AMENDMENT TO HOUSE BILL 3841

 2        AMENDMENT NO.     .  Amend House Bill 3841,  AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN ACT concerning county sheriffs."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5. The County Jail  Act  is  amended  by  adding
 8    Section 19.5 as follows:

 9        (730 ILCS 125/19.5 new)
10        Sec.  19.5.  Release  of  prisoners  to  law  enforcement
11    personnel  or  State's  Attorney.  The sheriff must adopt and
12    implement a written policy that provides for the release of a
13    person who is in the custody of the sheriff for any  criminal
14    or   supposed   criminal  matter  to  sworn  law  enforcement
15    personnel or to the State's  Attorney   for  the  purpose  of
16    furthering  investigations  into  criminal matters.  Upon the
17    release of a person  to  law  enforcement  personnel  or  the
18    State's Attorney under the written policy of the sheriff, the
19    sheriff  shall  not  be  liable  for  any injury of any kind,
20    including but not limited to  death,  to  either  the  person
21    released  or  to  any third party that occurs during the time
 
                            -2-            LRB9112820MWpkam01
 1    period that the  person  is  in  the  custody  of  other  law
 2    enforcement  personnel  or  the  State's  Attorney unless the
 3    sheriff or a   deputy  sheriff,  correctional  guard,  lockup
 4    keeper,  or  county  employee is guilty of willful and wanton
 5    conduct that proximately caused the injury.

 6        Section 99. Effective date. This Act  takes  effect  upon
 7    becoming law.".

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