Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter


Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Monday, December 7, 2015

New Police Policies for 2016: Part 5 (Use of Force Policies)

Municipalities throughout Illinois are taking action to promote the integrity of their police departments, as directed by a package of new laws adopted by the General Assembly last summer. Many of these new laws become effective on January 1, 2016.  In this 5 part series, we take a look at how local police departments can be prepared with new policies governing officer-involved deaths, officer-worn body cameras, FOIA, use of force, and more.

Part 5 of 5 in the Series - Use of Force Policies

Many local police departments have policies governing the use of force by police officers in appropriate situations. Effective January 1, 2016, it will be a crime for a police officer to “use a chokehold in the performance of his or her duties, unless deadly force is justified” under the Illinois Criminal Code. (720 ILCS 5/7-5.5(a)). Additionally, a police officer cannot “use a chokehold, or any lesser contact with the throat or neck area of another in order to prevent the destruction of evidence by ingestion.” (720 ILCS 5/7-5.5(b)). Under the new law a “chokehold” means applying any direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air, but does not include any holding involving contact with the neck that is not intended to reduce the intake of air. Local police departments should review and update their use of force policies in response to the new law.

Post Authored by Daniel J. Bolin, Ancel Glink


Post a Comment