94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1402


 
Introduced 2/9/2005, by Rep. Michael K. Smith
 
SYNOPSIS AS INTRODUCED:
 		












50 ILCS 745/2
  from Ch. 85, par. 2502




50 ILCS 745/3.2
  from Ch. 85, par. 2505









    Amends the Firemen's Disciplinary Act.  With respect to certain periods of
suspension, changes references to "24 duty hours" (now, "72 hours").  Effective
immediately.
















LRB094 07110 AJO 37255 b

















 


 


A BILL FOR









 











HB1402

LRB094 07110 AJO 37255 b






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    AN ACT in relation to fire fighters. 

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


 
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    Section 5. The Firemen's Disciplinary Act is amended by 
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changing
Sections 2 and 3.2 as follows:


 
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    (50 ILCS 745/2)  (from Ch. 85, par. 2502)

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    Sec. 2. For the purposes of this Act, unless clearly 
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required otherwise,
the terms defined in this Section have the 
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meaning ascribed herein:


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    (a) "Fireman" means a person who is a "firefighter" or 
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"fireman" as defined
in Sections 4-106 or 6-106 of the Illinois 
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Pension Code, and includes a person
who is an "employee" as 
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defined in Section 15-107 of the Illinois Pension Code
and 
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whose primary duties relate to firefighting.


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    (b) "Informal inquiry" means a meeting by supervisory or 
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command personnel
with a fireman upon whom an allegation of 
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misconduct has come to the attention
of such supervisory or 
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command personnel, the purpose of which meeting is
to mediate a 
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citizen complaint or discuss the facts to determine whether
a 
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formal investigation should be commenced.


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    (c) "Formal investigation" means the process of 
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investigation ordered
by a commanding officer during which the 
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questioning of a fireman is intended
to gather evidence of 
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misconduct which may be the basis for filing charges
seeking 
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his or her removal, discharge, or suspension from duty in

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excess of 24 duty
72 hours.


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    (d) "Interrogation" means the questioning of a fireman 
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pursuant to an
investigation initiated by the respective State 
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or local governmental
unit in connection with an alleged 
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violation of such unit's rules which may
be the basis for 
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filing charges seeking his or her suspension, removal, or

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discharge.  The term does not include questioning as part of an 
 


 






HB1402
- 2 -
LRB094 07110 AJO 37255 b




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informal
inquiry as to allegations of misconduct relating to 
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minor infractions of
agency rules which may be noted on the 
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fireman's record but which may not in
themselves result in 
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removal, discharge, or suspension from duty in
excess of 24 
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duty
72 hours.


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    (e) "Administrative proceeding" means any non-judicial 
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hearing which
is authorized to recommend, approve or order the 
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suspension, removal, or
discharge of a fireman.


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(Source: P.A. 85-606.)

 
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    (50 ILCS 745/3.2)  (from Ch. 85, par. 2505)

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    Sec. 3.2. No fireman shall be subjected to questioning in 
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relation to
an allegation of misconduct without first being 
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informed in writing of the
allegations and whether the 
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allegations, if proven, involve minor infractions
or may result 
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in removal, discharge, or suspension from duty in excess
of 24 
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duty
72 hours.  If an administrative proceeding is instituted,

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the fireman shall be informed beforehand of the names of all 
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complainants and
all information necessary to reasonably 
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apprise the fireman of the nature of
the charges and the 
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preparation of a defense.


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(Source: P.A. 85-606.)


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