SB2118 102ND GENERAL ASSEMBLY

LRB102 15963 CMG 21333 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2118

Introduced 2/26/2021, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

110 ILCS 1020/0.02 new
110 ILCS 1020/1	from Ch. 144, par. 1951
110 ILCS 1020/1.5 new
110 ILCS 1020/1.10 new
110 ILCS 1020/1.15 new

Amends the Private College Campus Police Act. Provides that private colleges and universities and private campus police departments are bound by the Act. Provides that counties and municipalities with private campus police departments in their jurisdictions must include sworn officers of private campus police departments in civilian complaint, investigation, and review mechanisms or designate an officer in charge of complaints, investigations, and reviews. Requires the municipality or county in which the private campus police department is located or operates to pass an ordinance articulating the boundaries in which the private campus police department may act. Sets forth what the ordinance must define. Requires the private college or university to indemnify both the governmental entity and its residents and citizens. Provides that if a private campus police department enters into a settlement agreement on behalf of itself, its law enforcement officers, or other employees or independent contractors, the settlement terms shall make any evidence available to the public. Provides that a private college or university and its private campus police department must adhere to the Illinois Police Training Act and are subject to the Illinois Law Enforcement Training Standards Board. Requires community information meetings. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Private College Campus Police Act is amended by adding Sections 0.02, 1.5, 1.10, and 1.15 and by changing Section 1 as follows:

(110 ILCS 1020/0.02 new)

Sec. 0.02. Definitions. In this Act:

"Defined campus boundaries" means (i) any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls, and (ii) any building or property that is within or reasonably contiguous to the area identified in clause (i) that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor. "Defined campus boundaries" shall be interpreted in a manner consistent with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and its implementation regulations.

"Extended patrol boundary" means any area outside of an institution's defined campus boundaries not covered by the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act where a private campus police department actively patrols.

"Institution", "private college", or "private university" means any college or university (i) that is not owned or controlled by the State or any political subdivision thereof, (ii) that provides a program of education in residence leading to a baccalaureate degree or provides a program of education in residence for which a baccalaureate degree is a prerequisite, leading to an academic or professional degree, and (iii) that is accredited by the Higher Learning Commission or another nationally recognized accrediting agency.

"Patrol" means active monitoring via personnel, in cooperation with federal, State, or local law enforcement agencies, pursuing suspects originating outside of formal campus borders, conducting law enforcement operations outside of formal campus borders, or conducting investigations with persons or evaluating evidence in areas that directly involve an institution's students, staff, other personnel, or property occurring outside of formal campus borders.

"Private campus police department" means any department of a private college or private university whose governing board has opted to enable its security personnel to have the same powers and authority as a local law enforcement agency under Section 1 of this Act.

(110 ILCS 1020/1) (from Ch. 144, par. 1951)

Sec. 1. The Board of Trustees of a private college or private university, may appoint persons to be members of a campus police department. The Board shall assign duties, including the enforcement of college or university regulations, and prescribe the oath of office. With respect to any such campus police department established for police protection, the members of such campus police department shall be persons who have successfully completed the Minimum Standards Basic Law Enforcement Training Course offered at a police training school established under the Illinois Police Training Act, as such Act may be now or hereafter amended. All members of such campus police departments must also successfully complete the Firearms Training for Peace Officers established under the Peace Officer and Probation Officer Firearm Training Act. Members of the campus police department shall have the powers of municipal peace officers and county sheriffs, including the power to make arrests under the circumstances prescribed in Section 107-2 of the Code of Criminal Procedure of 1963, as amended, for violations of state statutes or municipal or county ordinances, including the ability to regulate and control traffic on the public way contiguous to the college or university property, for the protection of students, employees, visitors and their property, and the property branches, and interests of the college or university, in the county where the college or university is located. Campus police shall have no authority to serve civil process.

Members of the campus police department at a private college or private university shall not be eligible to participate in any State, county or municipal retirement fund and shall not be reimbursed for training with state funds. The the uniforms, vehicles, and badges of such officers shall be distinctive from those of the local law enforcement agency where the main campus is located.

The Board of Trustees shall provide liability insurance coverage for each member of the campus police department without cost to the member, which insures the member against any liability which arises out of or in the course of the member's employment for no less than $250,000 of coverage, unless such indemnification is provided by a program of self-insurance.

For the purposes of this Section, "private college" or "private university" means: (1) any college or university which is not owned or controlled by the State or any political subdivision thereof, and (2) which provides a program of education in residence leading to a baccalaureate degree, or which provides a program of education in residence, for which the baccalaureate degree is a prerequisite, leading to an academic or professional degree, and (3) which is accredited by the North Central Association or other nationally recognized accrediting agency.

(Source: P.A. 98-725, eff. 1-1-15.)

(110 ILCS 1020/1.5 new)

Sec. 1.5. Construction. Sections 1.10 and 1.15 of this Act do not decrease the powers or authority granted under Section 1 of this Act and shall be construed as an extension of Section 1 of this Act.

(110 ILCS 1020/1.10 new)

Sec. 1.10. Requirements.

(a) Institutions and private campus police departments are bound by this Act.

(b) Counties and municipalities with private campus police departments in their jurisdictions must include sworn officers of private campus police departments in civilian complaint, investigation, and review mechanisms or designate an officer in charge of complaints, investigations, and reviews.

(c) The municipality or county in which the private campus police department is located or operates must pass an ordinance articulating the boundaries in which the private campus police department may act. The ordinance must define the campus borders, the extended patrol borders, and the policing powers of the private campus police department.

(d) The institution must indemnify both the governmental entity and its residents and citizens. This indemnification does not abrogate the rights of the institution to pursue criminal or civil charges.

(e) If a private campus police department enters into a settlement agreement on behalf of itself, its law enforcement officers, or other employees or independent contractors, the settlement terms shall make any evidence, including, but not limited to, video, emails, and body camera footage, or otherwise discoverable information under the Freedom of Information Act available to the public.

(f) To use the powers conferred under Section 1 of this Act, an institution and its private campus police department must adhere to the Illinois Police Training Act and are subject to the Illinois Law Enforcement Training Standards Board.

(110 ILCS 1020/1.15 new)

Sec. 1.15. Community information meetings.

(a) A private campus police department shall conduct community information meetings for the campus and the public at the beginning of each educational instructional period. These meetings must be free and open to the public and must be held at a public meeting facility, such as a public school auditorium or gym. The meetings must cover and explain all of the following topics:

(1) An explanation of this Act and how it authorizes the private campus police department to exercise policing powers over non-affiliated citizens and residents both on and off campus.

(2) All the local ordinances that authorize the private campus police department, its operational jurisdiction, and its specific policing powers as written into the ordinance, including its defined campus and extended patrol boundaries.

(3) The conditions and circumstances in which the private campus police department interacts with the public or the non-campus population.

(4) How to file complaints with the private campus police department and the private college or private university and with local elected officials who can directly address complaints about the private campus police department.

(5) A question and answer period.

The meetings shall be presented by either locally elected representatives of the areas patrolled by the private campus police department or representatives from local community groups located or served within the patrol area.

(b) Notices of meetings under this Section shall be delivered electronically or by regular mail and must be provided, at a minimum, to:

(1) the Attorney General;

(2) the legislative offices of the members of the General Assembly who represent the districts covered by the private campus police department;

(3) county and municipal officials, as appropriate, which may include aldermen, the city attorney, the county State's Attorney, and civilian oversight bodies, such as the Civilian Office of Policy Accountability and the Chicago Police Board;

(4) media contacts to which the institution regularly sends news and public service announcements regarding university or college news; and

(5) the public through the electronic mailing lists that the institution uses to send notices to the public.

(c) Meetings under this Section shall be considered public meetings and are subject to the Open Meetings Act.

Section 99. Effective date. This Act takes effect upon becoming law.