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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1985 Introduced , by Rep. John D'Amico SYNOPSIS AS INTRODUCED:
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50 ILCS 725/3.8 | from Ch. 85, par. 2561 |
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Amends the Uniform Peace Officers' Disciplinary Act. Requires that any sworn complaint against a peace officer that contains false information shall be presented to the appropriate State's Attorney for a determination of prosecution. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB1985 | | LRB097 10548 KMW 50890 b |
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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 Uniform Peace Officers' Disciplinary Act is |
| 5 | | amended by changing Section 3.8 as follows:
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| 6 | | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
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| 7 | | Sec. 3.8. Admissions; counsel; verified complaint.
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| 8 | | (a) No officer shall be interrogated without first being |
| 9 | | advised
in writing that admissions made in the course of the |
| 10 | | interrogation may be
used as evidence of misconduct or as the |
| 11 | | basis for charges seeking suspension,
removal, or discharge; |
| 12 | | and without first being advised in writing that he
or she has |
| 13 | | the right to counsel of his or her choosing who may be present
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| 14 | | to advise him or her at any stage of any interrogation.
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| 15 | | (b) Anyone filing a complaint against a sworn peace officer |
| 16 | | must have the
complaint supported by a sworn affidavit. Any |
| 17 | | complaint, having been supported by a sworn affidavit, and |
| 18 | | having been found, in total or in part, to contain false |
| 19 | | information, shall be presented to the appropriate State's |
| 20 | | Attorney for a determination of prosecution.
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| 21 | | (Source: P.A. 93-592, eff. 1-1-04.)
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| 22 | | Section 99. Effective date. This Act takes effect upon |