Illinois Statutes Chapter 720. Criminal Offenses §-6.Removal of chief of police or sheriff for allowing a person in his or her custody to be lynched

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

§ 25-6.  Removal of chief of police or sheriff for allowing a person in his or her custody to be lynched.

(a) If a prisoner is taken from the custody of any policeman or chief of police of any municipality and lynched, it shall be prima facie evidence of wrong-doing on the part of that chief of police and he or she shall be suspended.  The mayor or chief executive of the municipality shall appoint an acting chief of police until he or she has ascertained whether the suspended chief of police had done all in his or her power to protect the life of the prisoner.  If, upon hearing all evidence and argument, the mayor or chief executive finds that the chief of police had done his or her utmost to protect the prisoner, he or she may reinstate the chief of police;  but, if he or she finds the chief of police guilty of not properly protecting the prisoner, a new chief of police shall be appointed.  Any chief of police replaced is not be eligible to serve again in that office.

(b) If a prisoner is taken from the custody of any sheriff or his or her deputy and lynched, it is prima facie evidence of wrong-doing on the part of that sheriff and he or she shall be suspended.  The Governor shall appoint an acting sheriff until he or she has ascertained whether the suspended sheriff had done all in his or her power to protect the life of the prisoner.  If, upon hearing all evidence and argument, the Governor finds that the sheriff had done his or her utmost to protect the prisoner, he or she shall reinstate the sheriff;  but, if he or she finds the sheriff guilty of not properly protecting the prisoner, a new sheriff shall be duly elected or appointed, pursuant to the existing law provided for the filling of vacancies in that office.  Any sheriff replaced is not eligible to serve again in that office.

Cite this article: FindLaw.com - Illinois Statutes Chapter 720. Criminal Offenses §-6.Removal of chief of police or sheriff for allowing a person in his or her custody to be lynched - last updated January 01, 2019 | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-25-6/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard