HB5804 103RD GENERAL ASSEMBLY

LRB103 36396 AWJ 66498 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5804

Introduced 4/2/2024, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1136
65 ILCS 5/11-1-12

Amends the Counties Code and the Illinois Municipal Code. Provides that a law enforcement officer may not be required to issue a specific number of citations within a designated period of time or be required to meet an arrest quota (rather than a law enforcement officer may not be required to issue a specific number of citations within a designated period of time). Defines "arrest quota". Modifies and adds criterion that may be used to evaluate a law enforcement officer. Provides that a person or exclusive bargaining representative who is or whose members are aggrieved by a violation of the provisions may bring a civil action in an appropriate circuit court for declaratory or injunctive relief with respect to the violation. Provides that, if the person or the exclusive bargaining representative is the prevailing party, the court shall award the prevailing party reasonable attorney's fees and costs and additional relief the court deems appropriate. Provides that enforcement of the provisions in circuit court does not affect a right or remedy available under any other law of this State. Makes other changes.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by changing Section 5-1136 as follows:

(55 ILCS 5/5-1136)

Sec. 5-1136. Quotas prohibited. A county may not establish or adopt an order, policy, ordinance, or resolution that would require a law enforcement officer to issue a specific number of citations within a designated period of time or require a law enforcement officer to meet an arrest quota. These prohibitions do . This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the county and used to fund traffic enforcement programs.

A county may not, for purposes of evaluating a law enforcement officer's job performance, compare the number of citations issued or arrests completed by the law enforcement officer to the number of citations issued or arrests completed by any other law enforcement officer who has similar job duties. Nothing in this Section shall prohibit a county from evaluating a law enforcement officer based on the law enforcement officer's points of contact.

For the purposes of this Section:

(1) "Points of contact" means any quantifiable contact made in the furtherance of the law enforcement officer's duties, including, but not limited to, the number of traffic stops completed, calls for service, pedestrian stops completed, arrests, written warnings, and crime prevention measures, including community caretaking, order maintenance, consensual encounters, foot patrols, and business checks. "Points of contact" does shall not include either the issuance of citations, arrests completed, or the number of citations issued, or the number of arrests completed by a law enforcement officer.

(2) "Law enforcement officer" includes any sheriff, undersheriff, deputy sheriff, county police officer, or other person employed by the county as a peace officer.

(3) "Arrest quota" means a requirement regarding the number of arrests completed by a law enforcement officer, assessing value or points for an arrest for violation of a rule, petty offense, misdemeanor offense, or felony offense, or a proportion of those arrests completed relative to the arrests completed by another law enforcement officer or group of law enforcement officers.

A county may not use citations or arrests as criterion for law enforcement officers for promotion, demotion, dismissal, discipline, or the earning of benefits or merit pay provided by the county. In evaluating the performance of a law enforcement officer, overall job performance shall be considered and not the volume of citations issued or arrests completed. An evaluation may include, but is not limited to, attendance, punctuality, acceptance of feedback, work safety, self-sufficiency, performance under stress, communication skills, leadership, investigative skills, de-escalation, commendations, demeanor, formal training, education, and professional judgment.

A home rule unit may not establish requirements for or assess the performance of law enforcement officers in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

A person or exclusive bargaining representative who is or whose members are aggrieved by a violation of this Section may bring a civil action in an appropriate circuit court for declaratory or injunctive relief with respect to the violation. If the person or the exclusive bargaining representative is the prevailing party, the court shall award a prevailing party reasonable attorney's fees and costs and additional relief the court deems appropriate. This paragraph does not affect a right or remedy available under any other law of this State.

(Source: P.A. 98-650, eff. 1-1-15.)

Section 10. The Illinois Municipal Code is amended by changing Section 11-1-12 as follows:

(65 ILCS 5/11-1-12)

Sec. 11-1-12. Quotas prohibited. A municipality may not establish or adopt an order, policy, ordinance, or resolution that would require a police officer to issue a specific number of citations within a designated period of time or require a police officer to meet an arrest quota. These prohibitions do . This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the municipality and used to fund traffic enforcement programs.

A municipality may not, for purposes of evaluating a police officer's job performance, compare the number of citations issued or arrests completed by the police officer to the number of citations issued or arrests completed by any other police officer who has similar job duties. Nothing in this Section shall prohibit a municipality from evaluating a police officer based on the police officer's points of contact.

For the purposes of this Section: ,

"Arrest quota" means a requirement regarding the number of arrests completed by a police officer, assessing value or points for an arrest for violation of a rule, petty offense, misdemeanor offense, or felony offense, or a proportion of those arrests completed relative to the arrests completed by another police officer or group of police officers.

"Points points of contact" means any quantifiable contact made in the furtherance of the police officer's duties, including, but not limited to, the number of traffic stops completed, calls for service, pedestrian stops completed, arrests, written warnings, and crime prevention measures, including community caretaking, order maintenance, consensual encounters, foot patrols, and business checks. "Points of contact" does shall not include either the issuance of citations, arrests completed, or the number of citations issued, or the number of arrests completed by a police officer.

A municipality may not use citations or arrests as criterion for police officers for promotion, demotion, dismissal, discipline, or the earning of benefits or merit pay provided by the municipality. In evaluating the performance of a police officer, overall job performance shall be considered and not the volume of citations issued or arrests completed. An evaluation may include, but is not limited to, attendance, punctuality, acceptance of feedback, work safety, self-sufficiency, performance under stress, communication skills, leadership, investigative skills, de-escalation, commendations, demeanor, formal training, education, and professional judgment.

A home rule municipality may not establish requirements for or assess the performance of police officers in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

A person or exclusive bargaining representative who is or whose members are aggrieved by a violation of this Section may bring a civil action in an appropriate circuit court for declaratory or injunctive relief with respect to the violation. If the person or the exclusive bargaining representative is the prevailing party, the court shall award a prevailing party reasonable attorney's fees and costs and additional relief the court deems appropriate. This paragraph does not affect a right or remedy available under any other law of this State.

(Source: P.A. 100-1001, eff. 1-1-19.)