HB1402 Engrossed

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 Engrossed
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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.