§ 7-16 — Duty to intervene

Illinois § 7-16

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 720: CRIMINAL OFFENSES
• Act 720 ILCS 5/: Criminal Code of 2012.
• Art.: Title II - Principles Of Criminal Liability

Text

(a) A peace officer, or any other person acting under the color of law who has an opportunity to intervene, shall have an affirmative duty to intervene to prevent or stop another peace officer in his or her presence from using any unauthorized force or force that exceeds the degree of force permitted, if any, without regard for chain of command. (b) A peace officer, or any other person acting under the color of law, who intervenes as required by this Section shall report the intervention to the person designated/identified by the law enforcement entity in a manner prescribed by the agency. The report required by this Section must include the date, time, and place of the occurrence; the identity, if known, and description of the participants; and a description of the intervention actions taken and whether they were successful. In no event shall the report be submitted more than 5 days after the incident. (c) A member of a law enforcement agency shall not discipline nor retaliate in any way against a peace officer for intervening as required in this Section or for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive.

Legislative History

(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)