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Executive Committee
Filed: 3/9/2005
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09400HB2242ham001 |
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LRB094 03279 RSP 42740 a |
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| AMENDMENT TO HOUSE BILL 2242
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| AMENDMENT NO. ______. Amend House Bill 2242 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The State Police Act is amended by changing |
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| Section 14 as follows:
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| (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
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| Sec. 14. Except as is otherwise provided in this Act, no |
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| Department of
State Police officer shall be removed, demoted or |
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| suspended except for
cause, upon written charges filed with the |
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| Board by the Director and a hearing
before the Board thereon |
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| upon not less than 10 days' notice at a place to
be designated |
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| by the chairman thereof. At such hearing, the accused shall
be |
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| afforded full opportunity to be heard in his or her own defense |
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| and
to produce proof in his or her defense. Anyone filing a |
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| complaint against a State Police Officer must have the |
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| complaint supported by a sworn affidavit.
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| Before any such officer may be interrogated or examined by |
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| or before the
Board, or by a departmental agent or investigator |
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| specifically assigned
to conduct an internal investigation, |
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| the results of which hearing,
interrogation
or examination may |
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| be the basis for filing charges seeking his or her
suspension |
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| for more than 15 days or his or her removal or discharge,
he or |
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| she shall be advised in writing as to what specific improper or
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| illegal act he or she is alleged to have committed; he or she |
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09400HB2242ham001 |
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LRB094 03279 RSP 42740 a |
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| shall
be advised in writing that his or her admissions made in |
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| the course
of the hearing, interrogation or examination may be |
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| used as the basis for
charges seeking his or her suspension, |
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| removal or discharge; and he
or she shall be advised in writing |
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| that he or she has a right to
counsel of his or her choosing, |
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| who may be present to advise him or
her at any hearing, |
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| interrogation or examination. A complete record of
any hearing, |
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| interrogation or examination shall be made, and a complete
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| transcript or electronic recording thereof shall be made |
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| available to such
officer without charge and without delay.
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| The Board shall have the power to secure by its subpoena
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| both the attendance and testimony of witnesses and the |
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| production of books
and papers in support of the charges and |
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| for the defense. Each member of
the Board or a designated |
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| hearing officer shall have the power to administer
oaths or |
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| affirmations. If the charges against an accused are established
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| by a preponderance of evidence, the Board shall make a finding |
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| of guilty
and order either removal, demotion, suspension for a |
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| period of not more
than 180 days, or such other disciplinary |
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| punishment as may be prescribed
by the rules and regulations of |
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| the Board which, in the opinion of the members
thereof, the |
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| offense merits. Thereupon the
Director shall direct such |
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| removal or other punishment as ordered by the
Board and if the |
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| accused refuses to abide by any such disciplinary
order, the |
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| Director shall remove him or her forthwith.
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| If the accused is found not guilty or has served a period |
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| of suspension
greater than prescribed by the Board, the Board |
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| shall order that the officer receive compensation for the |
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| period involved.
The award of compensation shall include |
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| interest at the rate of 7% per
annum.
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| The Board may include in its order appropriate sanctions |
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| based upon the
Board's rules and regulations. If the Board |
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| finds that a party has made
allegations or denials without |
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| reasonable cause or has engaged in frivolous
litigation for the |
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09400HB2242ham001 |
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LRB094 03279 RSP 42740 a |
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| purpose of delay or needless increase in the cost of
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| litigation, it may order that party to pay the other party's |
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| reasonable
expenses, including costs and reasonable attorney's |
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| fees. The State of
Illinois and the Department shall be subject |
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| to these sanctions in the same
manner as other parties.
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| In case of the neglect or refusal of any person to obey a |
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| subpoena issued
by the Board, any circuit court, upon |
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| application
of any member of the Board, may order such person |
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| to appear before the Board
and give testimony or produce |
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| evidence, and any failure to obey such order
is punishable by |
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| the court as a contempt thereof.
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| The provisions of the Administrative Review Law, and all |
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| amendments and
modifications thereof, and the rules adopted |
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| pursuant thereto, shall apply
to and govern all proceedings for |
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| the judicial review of any order of the
Board rendered pursuant |
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| to the provisions of this Section.
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| Notwithstanding the provisions of this Section, a policy |
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| making
officer, as defined in the Employee Rights Violation |
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| Act, of the Department
of State Police shall be discharged from |
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| the Department of State Police as
provided in the Employee |
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| Rights Violation Act, enacted by the 85th General
Assembly.
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| (Source: P.A. 89-306, eff. 1-1-96.)".
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