merely a fear of future harm,” but “the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury” to the officer or another. 20 ILCS 5/7-5(h)(2). RESTRAINTS In addition to the prior prohibition of chokeholds, “restraining above the shoulders with risk of asphyxiation” is also prohibited unless deadly force is justified. 20 ILCS 5/7-5.5. These restraints include “a technique used to restrain a person above the shoulders, including the neck or head, in a position which interferes with the person’s ability to breathe after the person no longer poses a threat to the officer or any other person.” 20 ILCS 5/7-5.5(d). FORCE PROHIBITIONS An officer, or person acting on the officer’s behalf, may not: (i) use force as punishment or retaliation; (ii) discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner targeting the head, pelvis, or back; (iii) discharge firearms or kinetic impact projectiles indiscriminately into crowds, or (iv) use chemical agents or irritants (e.g., pepper spray and tear gas) prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order. 20 ILCS 5/75.5(e). ESCAPE Use of force to prevent escape is limited to non-deadly force, 720 ILCS 5/7-9(a), unless, based upon a totality of the circumstances, deadly force is necessary to prevent death or great bodily harm. 20 ILCS 5/7-9(c). AID An officer has a duty, “as soon as reasonably practical,” to determine if a person is injured, to render medical aid, and to request emergency medical assistance. 20 ILCS 5/7-15. INTERVENTION An officer also has an affirmative duty to intervene to prevent or stop another officer from using unauthorized force or excessive force without regard for the chain of command. 20 ILCS 5/7-16. In the event of intervention, the intervening officer has to abide by certain requirements and cannot be disciplined or retaliated against for intervening. 20 ILCS 5/7-16. MONETARY BAIL ABOLISHED Effective January 1, 2023, the Code of Criminal Procedure of 1963 is amended to abolish the requirement
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of posting monetary bail, except under the Uniform Criminal Extradition Act, the Drivers License Compact, and the Nonresident Violator Compact. The new law also removes language from the Counties Code to eliminate sheriffs’ fees related to taking special bail and language from the Clerks of Courts Act regarding credit card or debit card payment of bail bond fees. Additionally, revisions are made to multiple statutes to remove and replace references to “bail” and “conditions of bail” with “pretrial release” and “conditions of pretrial release.” RIGHT TO PHONE CALLS UPON ARREST Effective July 1, 2021, persons in police custody have a right to communicate, free of charge, with an attorney and family members as soon as possible upon being taken into police custody, but no later than 3 hours after arrival. These persons must also be given access to a telephone with a land line or cellular phone to make three phone calls and have the ability to retrieve phone numbers on their cell phone’s contact list. Specific signage is also required at the place of custody. 725 ILCS 5/103-3(a-5). MEDICAL TREATMENT WHILE IN CUSTODY Effective July 1, 2021, the law requires a person in custody to be treated humanely, provided with food and shelter, and receive medical treatment “without unreasonable delay if the need for the treatment is apparent.” 725 ILCS 5/103-2(c). RESISTING OR OBSTRUCTION CHARGE Effective January 1, 2023, a person is no longer subject to arrest solely for resisting or obstructing a police officer unless there is an underlying offense for which the person was initially subject to arrest. 720 ILCS 5/31-1(d). CITATION TO BE ISSUED/NO ARREST Effective January 1, 2023, a citation must be issued in lieu of a custodial arrest, “upon proper identification,” for traffic and Class B/C criminal misdemeanor offenses, and petty and business offenses. This law applies to those persons who “pose no obvious threat to the community or any person or who have no obvious medical or mental health issues that pose a risk to their own safety.” 725 ILCS 5/109-1(a-1). A citation or summons must be issued for appearance within 21 days. 725 ILCS 5/109(a-1), (a-3). Upon arrest with or without a warrant for an offense for which pretrial release may not be denied, an officer may issue a summons and release the person without appearing before a judge. “A presumption in favor of pretrial release shall be applied by an arresting officer in the exercise of his or her discretion,” 725 ILCS 5/109-1(a-3), although the Court may deny pretrial release for certain offenses upon a verified petition by the State. 725 ILCS 5/110-6.1(a)(1-6).
