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| [ House Amendment 001 ] |
92_HB4354sam001
LRB9214093EGfgam02
1 AMENDMENT TO HOUSE BILL 4354
2 AMENDMENT NO. . Amend House Bill 4354 by replacing
3 the title with the following:
4 "AN ACT in relation to local governmental employees.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Section 5-1002 as follows:
10 (55 ILCS 5/5-1002) (from Ch. 34, par. 5-1002)
11 Sec. 5-1002. Indemnity of sheriff or deputy. If any
12 injury to the person or property of another is caused by a
13 sheriff or any deputy sheriff, while the sheriff or deputy is
14 engaged in the performance of his or her duties as such, and
15 without the contributory negligence of the injured person or
16 the owner of the injured property, or the agent or servant of
17 the injured person or owner, the county shall indemnify the
18 sheriff or deputy, as the case may be, for any judgment
19 recovered against him or her as the result of that injury,
20 except where the injury results from the wilful misconduct of
21 the sheriff or deputy, as the case may be, to the extent of
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1 not to exceed $1,000,000 $500,000, including costs of action.
2 Any sheriff or deputy, as the case may be, or any person who,
3 at the time of performing such an act complained of, was a
4 sheriff or deputy sheriff, who is made a party defendant to
5 any such action shall, within 10 days of service of process
6 upon him or her, notify the county, of the fact that the
7 action has been instituted, and that he or she has been made
8 a party defendant to the action. The notice must be in
9 writing, and be filed in the office of the State's Attorney
10 and also in the office of the county clerk, either by himself
11 or herself, his or her agent or attorney. The notice shall
12 state in substance, that the sheriff or deputy sheriff, as
13 the case may be, (naming him or her), has been served with
14 process and made a party defendant to an action wherein it is
15 claimed that a person has suffered injury to his or her
16 person or property caused by that sheriff or deputy sheriff
17 stating the title and number of the case; the Court wherein
18 the action is pending; and the date the sheriff or deputy
19 sheriff was served with process in the action, and made a
20 party defendant thereto. The county which is or may be
21 liable to indemnify the sheriff or deputy sheriff, as the
22 case may be, may intervene in the action against the sheriff
23 or deputy sheriff, as the case may be, and shall be permitted
24 to appear and defend. The duty of the county to indemnify any
25 sheriff or deputy sheriff for any judgment recovered against
26 him or her is conditioned upon receiving notice of the filing
27 of any such action in the manner and form hereinabove
28 described.
29 (Source: P.A. 86-962; 87-1141.)
30 Section 10. The Illinois Municipal Code is amended by
31 changing Section 1-4-6 as follows:
32 (65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
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1 Sec. 1-4-6. In case any injury to the person or property
2 of another is caused by a member of the police department of
3 a municipality having a population of less than 500,000 while
4 the member is engaged in the performance of his or her duties
5 as a police officer, and without the contributory negligence
6 of the injured person or the owner of the injured property,
7 or the agent or servant of the injured person or owner, the
8 municipality in whose behalf the member of the municipal
9 police department is performing his or her duties as police
10 officer shall indemnify the police officer for any judgment
11 recovered against him or her as the result of such injury,
12 except where the injury results from the wilful misconduct of
13 the police officer, to the extent of not to exceed $1,000,000
14 $500,000 including costs of the action. Any police officer,
15 or any person who, at the time of performing such an act
16 complained of, was a police officer, who is made a party
17 defendant to any such action shall, within 10 days of service
18 of process upon him or her, notify the municipality by whom
19 he or she is or was employed, of the fact that the action
20 has been instituted, and that he or she has been made a party
21 defendant to the same. Such notice shall be in writing, and
22 shall be filed in the office of the city attorney or
23 corporation counsel, if there is a city attorney or
24 corporation counsel, and also in the office of the municipal
25 clerk, either by himself, his or her agent, or attorney. The
26 notice shall state in substance, that such police officer,
27 (naming him or her), has been served with process and made a
28 party defendant to an action wherein it is claimed that a
29 person has suffered injury to his or her person or property
30 caused by such police officer; stating the title and number
31 of the case; the court wherein the same is pending; and the
32 date such police officer was served with process in such
33 action, and made a party defendant thereto. The municipality
34 which is or may be liable to indemnify the police officer
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1 shall have the right to intervene in the suit against the
2 police officer, and shall be permitted to appear and defend.
3 The duty of the city to indemnify any such policeman for any
4 judgment recovered against him shall be conditioned upon
5 receiving notice of the filing of any such action in the
6 manner and form hereinabove described.
7 For the purposes of this Section, no civilian defense
8 worker, nor any member of any agency engaged in any civilian
9 defense activity, performing services as a part of any
10 civilian defense program, shall be considered to be a member
11 of a municipal police department.
12 If any person in obeying the command of any such
13 policeman to assist in arresting or securing an offender is
14 killed or injured, or his or her property or that of his or
15 her employer is damaged, and such death, injury or damage
16 arises out of and in the course of aiding such policeman in
17 arresting, or endeavoring to arrest, a person or retaking or
18 endeavoring to re-take a person who has escaped from legal
19 custody, the person or employer so injured, or whose property
20 is so damaged, or the personal representatives of the person
21 so killed, shall have a cause of action to recover the amount
22 of such damage or injury against the municipal corporation by
23 which such police officer is employed at the time such
24 command is obeyed.
25 If a police officer is acting within a municipality other
26 than his or her employing municipality under an agreement
27 pursuant to Section 11-1-2.1, the liability or obligation to
28 indemnify imposed by this Section does not extend to both
29 municipalities. Only that municipality designated by the
30 agreement is subject to such liability or obligation to
31 indemnify, but, if the agreement is silent as to such
32 liability or obligation, then the municipality by which the
33 police officer is employed is subject to such liability or
34 obligation.
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1 If a police officer is acting within a municipality other
2 than his or her employing municipality under the provisions
3 of Section 1-4-8, the liability or obligation to indemnify
4 imposed by this Section shall be the liability or obligation
5 of the requesting municipality only. The notice required in
6 this Section 1-4-6 shall be given to the municipality in
7 which he was acting if other than his employing municipality.
8 (Source: P.A. 86-470.)
9 Section 15. The Local Governmental and Governmental
10 Employees Tort Immunity Act is amended by changing Sections
11 2-302 and 9-102 as follows:
12 (745 ILCS 10/2-302) (from Ch. 85, par. 2-302)
13 Sec. 2-302. If any claim or action is instituted against
14 an employee of a local public entity based on an injury
15 allegedly arising out of an act or omission occurring within
16 the scope of his employment as such employee, the entity may
17 elect to do any one or more of the following:
18 (a) appear and defend against the claim or action;
19 (b) indemnify the employee or former employee for
20 his court costs or reasonable attorney's fees, or both,
21 incurred in the defense of such claim or action;
22 (c) pay, or indemnify the employee or former
23 employee for a judgment based on such claim or action;,
24 or
25 (d) pay, or indemnify the employee or former
26 employee for, a compromise or settlement of such a claim
27 or action.
28 It is hereby declared to be the public policy of this
29 State, however, that no local public entity may elect to
30 indemnify an employee for any portion of a judgment
31 representing an award of punitive or exemplary damages.
32 (Source: P.A. 84-1431.)
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1 (745 ILCS 10/9-102) (from Ch. 85, par. 9-102)
2 Sec. 9-102. A local public entity is empowered and
3 directed to pay any tort judgment or settlement for
4 compensatory damages (and may pay any associated attorney's
5 fees and costs) for which it or an employee while acting
6 within the scope of his employment is liable in the manner
7 provided in this Article. All other provisions of this
8 Article, including but not limited to the payment of
9 judgments and settlements in installments, the issuance of
10 bonds, the maintenance of rates and charges, and the levy of
11 taxes shall be equally applicable to judgments or settlements
12 relating to both a local public entity or an employee and
13 those undertakings assumed by a local public entity in
14 intergovernmental joint self-insurance contracts. A local
15 public entity may make payments to settle or compromise a
16 claim or action which has been or might be filed or
17 instituted against it when the governing body or person
18 vested by law or ordinance with authority to make over-all
19 policy decisions for such entity considers it advisable to
20 enter into such a settlement or compromise.
21 (Source: P.A. 84-1431.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".