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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Police Act is amended by changing | ||||||
5 | Section 14 as follows:
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6 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
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7 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
8 | Department of
State Police officer shall be removed, demoted or | ||||||
9 | suspended except for
cause, upon written charges filed with the | ||||||
10 | Board by the Director and a hearing
before the Board thereon | ||||||
11 | upon not less than 10 days' notice at a place to
be designated | ||||||
12 | by the chairman thereof. At such hearing, the accused shall
be | ||||||
13 | afforded full opportunity to be heard in his or her own defense | ||||||
14 | and
to produce proof in his or her defense. Anyone filing a | ||||||
15 | complaint against a State Police Officer must have the | ||||||
16 | complaint supported by a sworn affidavit.
Any such complaint, | ||||||
17 | having been supported by a sworn affidavit, and having been | ||||||
18 | found, in total or in part, to contain false information, shall | ||||||
19 | be presented to the appropriate State's Attorney's office for a | ||||||
20 | determination of prosecution. Notwithstanding any other | ||||||
21 | rulemaking authority that may exist, neither the Governor nor | ||||||
22 | any agency or agency head under the jurisdiction of the | ||||||
23 | Governor has any authority to make or promulgate rules to |
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1 | implement or enforce the provisions of this amendatory Act of | ||||||
2 | the 95th General Assembly. If, however, the Governor believes | ||||||
3 | that rules are necessary to implement or enforce the provisions | ||||||
4 | of this amendatory Act of the 95th General Assembly, the | ||||||
5 | Governor may suggest rules to the General Assembly by filing | ||||||
6 | them with the Clerk of the House and the Secretary of the | ||||||
7 | Senate and by requesting that the General Assembly authorize | ||||||
8 | such rulemaking by law, enact those suggested rules into law, | ||||||
9 | or take any other appropriate action in the General Assembly's | ||||||
10 | discretion. Nothing contained in this amendatory Act of the | ||||||
11 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
12 | authority under any other Illinois statute where such authority | ||||||
13 | is not otherwise explicitly given. For the purposes of this | ||||||
14 | paragraph, "rules" is given the meaning contained in Section | ||||||
15 | 1-70 of the Illinois Administrative Procedure Act, and "agency" | ||||||
16 | and "agency head" are given the meanings contained in Sections | ||||||
17 | 1-20 and 1-25 of the Illinois Administrative Procedure Act to | ||||||
18 | the extent that such definitions apply to agencies or agency | ||||||
19 | heads under the jurisdiction of the Governor.
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20 | Before any such officer may be interrogated or examined by | ||||||
21 | or before the
Board, or by a departmental agent or investigator | ||||||
22 | specifically assigned
to conduct an internal investigation, | ||||||
23 | the results of which hearing,
interrogation
or examination may | ||||||
24 | be the basis for filing charges seeking his or her
suspension | ||||||
25 | for more than 15 days or his or her removal or discharge,
he or | ||||||
26 | she shall be advised in writing as to what specific improper or
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1 | illegal act he or she is alleged to have committed; he or she | ||||||
2 | shall
be advised in writing that his or her admissions made in | ||||||
3 | the course
of the hearing, interrogation or examination may be | ||||||
4 | used as the basis for
charges seeking his or her suspension, | ||||||
5 | removal or discharge; and he
or she shall be advised in writing | ||||||
6 | that he or she has a right to
counsel of his or her choosing, | ||||||
7 | who may be present to advise him or
her at any hearing, | ||||||
8 | interrogation or examination. A complete record of
any hearing, | ||||||
9 | interrogation or examination shall be made, and a complete
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10 | transcript or electronic recording thereof shall be made | ||||||
11 | available to such
officer without charge and without delay.
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12 | The Board shall have the power to secure by its subpoena
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13 | both the attendance and testimony of witnesses and the | ||||||
14 | production of books
and papers in support of the charges and | ||||||
15 | for the defense. Each member of
the Board or a designated | ||||||
16 | hearing officer shall have the power to administer
oaths or | ||||||
17 | affirmations. If the charges against an accused are established
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18 | by a preponderance of evidence, the Board shall make a finding | ||||||
19 | of guilty
and order either removal, demotion, suspension for a | ||||||
20 | period of not more
than 180 days, or such other disciplinary | ||||||
21 | punishment as may be prescribed
by the rules and regulations of | ||||||
22 | the Board which, in the opinion of the members
thereof, the | ||||||
23 | offense merits. Thereupon the
Director shall direct such | ||||||
24 | removal or other punishment as ordered by the
Board and if the | ||||||
25 | accused refuses to abide by any such disciplinary
order, the | ||||||
26 | Director shall remove him or her forthwith.
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1 | If the accused is found not guilty or has served a period | ||||||
2 | of suspension
greater than prescribed by the Board, the Board | ||||||
3 | shall order that the officer receive compensation for the | ||||||
4 | period involved.
The award of compensation shall include | ||||||
5 | interest at the rate of 7% per
annum.
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6 | The Board may include in its order appropriate sanctions | ||||||
7 | based upon the
Board's rules and regulations. If the Board | ||||||
8 | finds that a party has made
allegations or denials without | ||||||
9 | reasonable cause or has engaged in frivolous
litigation for the | ||||||
10 | purpose of delay or needless increase in the cost of
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11 | litigation, it may order that party to pay the other party's | ||||||
12 | reasonable
expenses, including costs and reasonable attorney's | ||||||
13 | fees. The State of
Illinois and the Department shall be subject | ||||||
14 | to these sanctions in the same
manner as other parties.
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15 | In case of the neglect or refusal of any person to obey a | ||||||
16 | subpoena issued
by the Board, any circuit court, upon | ||||||
17 | application
of any member of the Board, may order such person | ||||||
18 | to appear before the Board
and give testimony or produce | ||||||
19 | evidence, and any failure to obey such order
is punishable by | ||||||
20 | the court as a contempt thereof.
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21 | The provisions of the Administrative Review Law, and all | ||||||
22 | amendments and
modifications thereof, and the rules adopted | ||||||
23 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
24 | the judicial review of any order of the
Board rendered pursuant | ||||||
25 | to the provisions of this Section.
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26 | Notwithstanding the provisions of this Section, a policy |
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1 | making
officer, as defined in the Employee Rights Violation | ||||||
2 | Act, of the Department
of State Police shall be discharged from | ||||||
3 | the Department of State Police as
provided in the Employee | ||||||
4 | Rights Violation Act, enacted by the 85th General
Assembly.
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5 | (Source: P.A. 94-217, eff. 1-1-06.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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