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| 1 | AN ACT concerning local 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 Firemen's Disciplinary Act is amended by | ||||||
| 5 | changing Section 2 as follows: | ||||||
| 6 | (50 ILCS 745/2) (from Ch. 85, par. 2502)
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| 7 | Sec. 2. Definitions. For the purposes of this Act, unless | ||||||
| 8 | clearly required otherwise,
the terms defined in this Section | ||||||
| 9 | have the meaning ascribed herein:
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| 10 | (a) "Fireman" means a person who is a "firefighter" or | ||||||
| 11 | "fireman" as defined
in Sections 4-106 or 6-106 of the Illinois | ||||||
| 12 | Pension Code, a paramedic employed by a unit of local | ||||||
| 13 | government, or an EMT employed by a unit of local government, | ||||||
| 14 | and includes a person
who is an "employee" as defined in | ||||||
| 15 | Section 15-107 of the Illinois Pension Code
and whose primary | ||||||
| 16 | duties relate to firefighting.
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| 17 | (b) "Informal inquiry" means a meeting by supervisory or | ||||||
| 18 | command personnel
with a fireman upon whom an allegation of | ||||||
| 19 | misconduct has come to the attention
of such supervisory or | ||||||
| 20 | command personnel, the purpose of which meeting is
to mediate a | ||||||
| 21 | citizen complaint or discuss the facts to determine whether
a | ||||||
| 22 | formal investigation should be commenced.
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| 23 | (c) "Formal investigation" means the process of | ||||||
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| 1 | investigation ordered
by a commanding officer during which the | ||||||
| 2 | questioning of a fireman is intended
to gather evidence of | ||||||
| 3 | misconduct which may be the basis for filing charges
seeking | ||||||
| 4 | his or her removal, discharge, or suspension from duty in
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| 5 | excess of 24 duty hours.
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| 6 | (d) "Interrogation" means the questioning of a fireman | ||||||
| 7 | pursuant to an
investigation initiated by the respective State | ||||||
| 8 | or local governmental
unit in connection with an alleged | ||||||
| 9 | violation of such unit's rules which may
be the basis for | ||||||
| 10 | filing charges seeking his or her suspension, removal, or
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| 11 | discharge. The term does not include questioning as part of an | ||||||
| 12 | informal
inquiry as to allegations of misconduct relating to | ||||||
| 13 | minor infractions of
agency rules which may be noted on the | ||||||
| 14 | fireman's record but which may not in
themselves result in | ||||||
| 15 | removal, discharge, or suspension from duty in
excess of 24 | ||||||
| 16 | duty hours.
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| 17 | (e) "Administrative proceeding" means any non-judicial | ||||||
| 18 | hearing which
is authorized to recommend, approve or order the | ||||||
| 19 | suspension, removal, or
discharge of a fireman.
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| 20 | (Source: P.A. 94-188, eff. 7-12-05.)
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| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.
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