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92_HB4354enr HB4354 Enrolled LRB9214093REpk 1 AN ACT in relation to local governmental employees. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 5-1002 as follows: 6 (55 ILCS 5/5-1002) (from Ch. 34, par. 5-1002) 7 Sec. 5-1002. Indemnity of sheriff or deputy. If any 8 injury to the person or property of another is caused by a 9 sheriff or any deputy sheriff, while the sheriff or deputy is 10 engaged in the performance of his or her duties as such, and 11 without the contributory negligence of the injured person or 12 the owner of the injured property, or the agent or servant of 13 the injured person or owner, the county shall indemnify the 14 sheriff or deputy, as the case may be, for any judgment 15 recovered against him or her as the result of that injury, 16 except where the injury results from the wilful misconduct of 17 the sheriff or deputy, as the case may be, to the extent of 18 not to exceed $1,000,000$500,000, including costs of action. 19 Any sheriff or deputy, as the case may be, or any person who, 20 at the time of performing such an act complained of, was a 21 sheriff or deputy sheriff, who is made a party defendant to 22 any such action shall, within 10 days of service of process 23 upon him or her, notify the county, of the fact that the 24 action has been instituted, and that he or she has been made 25 a party defendant to the action. The notice must be in 26 writing, and be filed in the office of the State's Attorney 27 and also in the office of the county clerk, either by himself 28 or herself, his or her agent or attorney. The notice shall 29 state in substance, that the sheriff or deputy sheriff, as 30 the case may be, (naming him or her), has been served with 31 process and made a party defendant to an action wherein it is HB4354 Enrolled -2- LRB9214093REpk 1 claimed that a person has suffered injury to his or her 2 person or property caused by that sheriff or deputy sheriff 3 stating the title and number of the case; the Court wherein 4 the action is pending; and the date the sheriff or deputy 5 sheriff was served with process in the action, and made a 6 party defendant thereto. The county which is or may be 7 liable to indemnify the sheriff or deputy sheriff, as the 8 case may be, may intervene in the action against the sheriff 9 or deputy sheriff, as the case may be, and shall be permitted 10 to appear and defend. The duty of the county to indemnify any 11 sheriff or deputy sheriff for any judgment recovered against 12 him or her is conditioned upon receiving notice of the filing 13 of any such action in the manner and form hereinabove 14 described. 15 (Source: P.A. 86-962; 87-1141.) 16 Section 10. The Illinois Municipal Code is amended by 17 changing Section 1-4-6 as follows: 18 (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6) 19 Sec. 1-4-6. In case any injury to the person or property 20 of another is caused by a member of the police department of 21 a municipality having a population of less than 500,000 while 22 the member is engaged in the performance of his or her duties 23 as a police officer, and without the contributory negligence 24 of the injured person or the owner of the injured property, 25 or the agent or servant of the injured person or owner, the 26 municipality in whose behalf the member of the municipal 27 police department is performing his or her duties as police 28 officer shall indemnify the police officer for any judgment 29 recovered against him or her as the result of such injury, 30 except where the injury results from the wilful misconduct of 31 the police officer, to the extent of not to exceed $1,000,000 32$500,000including costs of the action. Any police officer, HB4354 Enrolled -3- LRB9214093REpk 1 or any person who, at the time of performing such an act 2 complained of, was a police officer, who is made a party 3 defendant to any such action shall, within 10 days of service 4 of process upon him or her, notify the municipality by whom 5 he or she is or was employed, of the fact that the action 6 has been instituted, and that he or she has been made a party 7 defendant to the same. Such notice shall be in writing, and 8 shall be filed in the office of the city attorney or 9 corporation counsel, if there is a city attorney or 10 corporation counsel, and also in the office of the municipal 11 clerk, either by himself, his or her agent, or attorney. The 12 notice shall state in substance, that such police officer, 13 (naming him or her), has been served with process and made a 14 party defendant to an action wherein it is claimed that a 15 person has suffered injury to his or her person or property 16 caused by such police officer; stating the title and number 17 of the case; the court wherein the same is pending; and the 18 date such police officer was served with process in such 19 action, and made a party defendant thereto. The municipality 20 which is or may be liable to indemnify the police officer 21 shall have the right to intervene in the suit against the 22 police officer, and shall be permitted to appear and defend. 23 The duty of the city to indemnify any such policeman for any 24 judgment recovered against him shall be conditioned upon 25 receiving notice of the filing of any such action in the 26 manner and form hereinabove described. 27 For the purposes of this Section, no civilian defense 28 worker, nor any member of any agency engaged in any civilian 29 defense activity, performing services as a part of any 30 civilian defense program, shall be considered to be a member 31 of a municipal police department. 32 If any person in obeying the command of any such 33 policeman to assist in arresting or securing an offender is 34 killed or injured, or his or her property or that of his or HB4354 Enrolled -4- LRB9214093REpk 1 her employer is damaged, and such death, injury or damage 2 arises out of and in the course of aiding such policeman in 3 arresting, or endeavoring to arrest, a person or retaking or 4 endeavoring to re-take a person who has escaped from legal 5 custody, the person or employer so injured, or whose property 6 is so damaged, or the personal representatives of the person 7 so killed, shall have a cause of action to recover the amount 8 of such damage or injury against the municipal corporation by 9 which such police officer is employed at the time such 10 command is obeyed. 11 If a police officer is acting within a municipality other 12 than his or her employing municipality under an agreement 13 pursuant to Section 11-1-2.1, the liability or obligation to 14 indemnify imposed by this Section does not extend to both 15 municipalities. Only that municipality designated by the 16 agreement is subject to such liability or obligation to 17 indemnify, but, if the agreement is silent as to such 18 liability or obligation, then the municipality by which the 19 police officer is employed is subject to such liability or 20 obligation. 21 If a police officer is acting within a municipality other 22 than his or her employing municipality under the provisions 23 of Section 1-4-8, the liability or obligation to indemnify 24 imposed by this Section shall be the liability or obligation 25 of the requesting municipality only. The notice required in 26 this Section 1-4-6 shall be given to the municipality in 27 which he was acting if other than his employing municipality. 28 (Source: P.A. 86-470.) 29 Section 15. The Local Governmental and Governmental 30 Employees Tort Immunity Act is amended by changing Sections 31 2-302 and 9-102 as follows: 32 (745 ILCS 10/2-302) (from Ch. 85, par. 2-302) HB4354 Enrolled -5- LRB9214093REpk 1 Sec. 2-302. If any claim or action is instituted against 2 an employee of a local public entity based on an injury 3 allegedly arising out of an act or omission occurring within 4 the scope of his employment as such employee, the entity may 5 elect to do any one or more of the following: 6 (a) appear and defend against the claim or action; 7 (b) indemnify the employee or former employee for 8 his court costs or reasonable attorney's fees, or both, 9 incurred in the defense of such claim or action; 10 (c) pay, or indemnify the employee or former 11 employee for a judgment based on such claim or action;,12 or 13 (d) pay, or indemnify the employee or former 14 employee for, a compromise or settlement of such a claim 15 or action. 16 It is hereby declared to be the public policy of this 17 State, however, that no local public entity may elect to 18 indemnify an employee for any portion of a judgment 19 representing an award of punitive or exemplary damages. 20 (Source: P.A. 84-1431.) 21 (745 ILCS 10/9-102) (from Ch. 85, par. 9-102) 22 Sec. 9-102. A local public entity is empowered and 23 directed to pay any tort judgment or settlement for 24 compensatory damages (and may pay any associated attorney's 25 fees and costs) for which it or an employee while acting 26 within the scope of his employment is liable in the manner 27 provided in this Article. All other provisions of this 28 Article, including but not limited to the payment of 29 judgments and settlements in installments, the issuance of 30 bonds, the maintenance of rates and charges, and the levy of 31 taxes shall be equally applicable to judgments or settlements 32 relating to both a local public entity or an employee and 33 those undertakings assumed by a local public entity in HB4354 Enrolled -6- LRB9214093REpk 1 intergovernmental joint self-insurance contracts. A local 2 public entity may make payments to settle or compromise a 3 claim or action which has been or might be filed or 4 instituted against it when the governing body or person 5 vested by law or ordinance with authority to make over-all 6 policy decisions for such entity considers it advisable to 7 enter into such a settlement or compromise. 8 (Source: P.A. 84-1431.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.