HB5068 96TH GENERAL ASSEMBLY

LRB096 16754 RLC 32047 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5068

Introduced 1/29/2010, by Rep. Patrick J. Verschoore

SYNOPSIS AS INTRODUCED:

New Act

Creates the Public Safety Officer Protection Act. Provides that a public employer shall reimburse a public safety officer for reasonable attorney's fees incurred by the officer in connection with any criminal proceeding arising from the officer's conduct in the performance of official duties unless, in relation to that conduct, any of the following applies: (1) the officer is convicted of a crime; (2) the officer's employment is terminated for cause; or (3) the officer resigns for reasons other than retirement or disability before the attorney's fees are incurred. Provides that a public employer, including a home rule unit, that employs a full-time public safety officer may not provide benefits to that officer in a manner inconsistent with the requirements of the Act.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning public safety officers.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Public Safety Officer Protection Act.

Section 5. Declaration of State interest. The General Assembly determines and declares that the provisions of this Act fulfill an important State interest.

Section 10. Definitions. In this Section:

"Criminal proceeding" means any criminal action or proceeding brought in State or federal court.

"Public employer" means the State of Illinois or any unit of local government (including any home rule unit), any State supported college or university, or any other public entity granted the power to employ public safety officers.

"Public safety officer" means a peace officer, law enforcement officer, emergency medical technician, first responder, fire fighter, or correctional officer.

Section 15. Public employer reimbursement of public safety officer. A public employer shall reimburse a public safety officer for reasonable attorney's fees incurred by the officer in connection with any criminal proceeding arising from the officer's conduct in the performance of official duties unless, in relation to that conduct, any of the following applies:

(1) the officer is convicted of a crime;

(2) the officer's employment is terminated for cause; or

(3) the officer resigns for reasons other than retirement or disability before the attorney's fees are incurred.

Section 20. Home rule preemption. A public employer, including a home rule unit, that employs a full-time public safety officer may not provide benefits to that officer in a manner inconsistent with the requirements of this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise of powers and functions exercised by the State.