Rep. John D. Anthony
Filed: 5/27/2015
 
 

 

 

 
09900SB1102ham002LRB099 05349 HLH 36209 a



1
AMENDMENT TO SENATE BILL 1102




2    AMENDMENT NO. ______. Amend Senate Bill 1102, AS AMENDED, 
3with reference to page and line numbers of House Amendment No. 
41, by replacing everything from line 20 on page 9 through line 
53 on page 10 with the following:


6    "If an employee of a local public entity is a defendant in 
7any criminal action arising out of or incidental to the 
8performance of his or her duties, the local public entity shall 
9not provide representation for the employee in that criminal 
10action. However, the local public entity may reimburse the 
11employee for reasonable defense costs only if the criminal 
12action was instituted against the employee based upon an act or 
13omission of that employee arising out of and directly related 
14the lawful exercise of his or her official duty or under color 
15of his or her authority and that action is dismissed or results 
16in a final disposition in favor of that employee.
17    The provisions of indemnification, as set forth above, 
18shall be justifiably refused by the local public entity if it 
 
 
09900SB1102ham002- 2 -LRB099 05349 HLH 36209 a

1is determined that there exists a current insurance policy or a 
2contract, by virtue of which the employee is entitled to a 
3defense of the action in question.
4    Nothing in this Act shall be construed to prohibit a local 
5public entity from providing representation to an employee who 
6is a witness in a criminal matter arising out of that 
7employee's employment with the local government entity."; and
 
8on page 10, line 5, by deleting "upon"; and
 
9on page 10, line 6, by replacing "becoming law" with "on 
10January 1, 2017".