Illinois General Assembly - Full Text of HB5557
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Full Text of HB5557  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Emanuel Chris Welch


New Act
30 ILCS 805/8.40 new

    Creates the Chicago Independent Police Review Commission Act. Provides that the Independent Police Review Authority created under the Municipal Code of Chicago is abolished and that a new State commission is created called the "Chicago Independent Police Review Commission." Provides for the transfer of personnel, property, appropriations, and funds to the Commission. Provides that the Commission shall investigate all officer-involved deaths that involve a police officer employed by the City of Chicago. Provides for election and vacancy appointments of the board of commissioners of the Commission. Provides for the appointment and removal of the chief administrator of the Commission. Further provides for rulemaking authority by the Commission. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement.

LRB099 19817 AWJ 44216 b






HB5557LRB099 19817 AWJ 44216 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Chicago Independent Police Review Commission Act.
6    Section 5. Definitions. As used in this Act:
7    "Board" means the board of commissioners of the Commission.
8    "City" means the City of Chicago.
9    "Commission" means the Chicago Independent Police Review
10Commission created under this Act.
11    "Independent Police Review Authority" means the authority
12created by Chapter 2-57 of the Municipal Code of Chicago
13    "Officer-involved death" has the meaning provided in
14Section 1-5 of the Police and Community Relations Improvement
16    Section 10. Abolishment of Chicago's Independent Police
17Review Authority. The Independent Police Review Authority is
18hereby abolished and the Chicago Independent Police Review
19Commission is created as an independent commission of the
20State. On the effective date of this Act, all powers, duties,
21rights, and responsibilities of the Independent Police Review
22Authority shall be transferred to, vested in, and shall be



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1exercised by the Commission.
2    Section 15. Powers, duties, rights, and responsibilities
3of the Commission; appropriation; office location.
4    (a) The Commission shall investigate all officer-involved
5deaths that involve a police officer employed by the City. The
6Commission shall operate as the Independent Police Review
7Authority operated under the Municipal Code of Chicago
8ordinance until such time as an elected board of commissioners
9issues new rules under Section 35 of this Act. The Commission
10shall include the chief administrator of the Independent Police
11Review Authority and such deputies, assistants, and other
12employees as may be provided for in the annual appropriation
13ordinance until such time as an elected board of commissioners
14appoints a new chief administrator under Section 30 of this
16    (b) Whenever reports or notices are now required to be made
17or given or papers or documents furnished or served by any
18person to or upon the Independent Police Review Authority in
19connection with any of the powers, duties, rights, and
20responsibilities transferred by this Act, the same shall be
21made, given, furnished, or served in the same manner to or upon
22the Commission.
23    (c) This Act does not affect any act done, ratified, or
24canceled or any right occurring or established or any action or
25proceeding had or commenced in an administrative, civil, or



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1criminal cause by the Independent Police Review Authority
2before the effective date of this Act; such actions or
3proceedings may be prosecuted and continued by the Commission.
4    (d) The City Council of the City of Chicago shall
5appropriate sufficient funds for the operation of the
6Commission in an amount as requested by the Commission in its
7annual budget.
8    (e) The offices of the Commission shall be located in a
9facility outside of the Chicago department of police.
10    Section 20. Transfer of personnel, property, and funds.
11    (a) The personnel of the Independent Police Review
12Authority shall be transferred to the Commission. The status
13and rights of such employees under the City of Chicago
14Personnel Rules and applicable collective bargaining
15agreements or under any pension, retirement, or annuity plan
16shall not be affected by this Act.
17    (b) All books, records, papers, documents, real and
18personal property, contracts, causes of action, and pending
19business pertaining to the powers, duties, rights, and
20responsibilities transferred by this Act from the Independent
21Police Review Authority to the Commission, including, but not
22limited to, material in electronic or magnetic format and
23necessary computer hardware and software, shall be transferred
24to the Commission.
25    (c) All unexpended appropriations, balances, and other



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1funds available for use by the Independent Police Review
2Authority shall be transferred for use by the Commission.
3Unexpended balances so transferred shall be expended only for
4the purpose for which the appropriations were originally made.
5    Section 25. Board of Commissioners.
6    (a) The Commission shall be governed by a board of
7commissioners, comprised of 5 members, elected by the electors
8of the City. The board shall be responsible for determining the
9policies and objectives of the Commission, appointing the chief
10administrator, and adopting and approving an annual budget.
11    (b) At the next scheduled consolidated election after the
12effective date of this Act, 5 members will be elected by the
13electors of the City and will serve as the board of
14commissioners to the Commission. Each member shall be elected
15for a term of 4 years, commencing on the second Tuesday in May
16of the year in which the member is elected, and until the
17member's successor is elected and qualified. The board shall be
18elected as provided under paragraph (17) of subsection (c) of
19Section 2A-1.2 of the Election Code.
20    (c) Within 28 days after each consolidated election at
21which a new board is elected, the board shall organize by
22electing its officers, fixing a time and place for the regular
23meetings, and appointing a chief administrator.
24    (d) Whenever a vacancy in the board occurs, the remaining
25members of the board shall notify the Governor of that vacancy



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1within 5 days after its occurrence and the Governor shall
2appoint a member to fill the vacancy until the next election
3when a successor shall be elected to serve the remainder of the
4unexpired term. However, if the vacancy occurs with less than
528 months remaining in the term or if the vacancy occurs less
6than 88 days before the next board election, then the person so
7appointed shall serve the remainder of the unexpired term, and
8no election to fill the vacancy shall be held.
9    Section 30. Chief administrator. The chief administrator
10shall be the chief executive officer of the Commission and
11shall be appointed by the board for a term of 6 years and until
12his or her successor is appointed. A partially completed term
13of a chief administrator is terminated upon the occurrence of a
14vacancy in that office. The chief administrator shall be
15responsible for the general management and day-to-day
16operations of the Commission. The chief administrator, with the
17advice and consent of the board, may adopt rules, regulations,
18and procedures, as he or she may deem necessary for the
19administration of the Commission under this Act.
20    Section 35. Rules and regulations of the Commission. Any
21rules of the Independent Police Review Authority that relate to
22its powers, duties, rights, and responsibilities and are in
23full force on the effective date of this Act shall become the
24rules of the Commission. As soon as practicable after the



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1effective date of this Act, the Commission shall revise and
2clarify the rules transferred to it under this Act to reflect
3the reorganization of powers, duties, rights, and
4responsibilities affected by this Act. The Commission shall
5adopt rules under the Illinois Administrative Procedure Act
6that it deems necessary to carry out its duties and
7responsibilities under this Act.
8    Section 40. Home rule. The City may not regulate or fund
9the investigation of an officer-involved death in a manner
10inconsistent with this Act. This Act is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
14    Section 90. The State Mandates Act is amended by adding
15Section 8.40 as follows:
16    (30 ILCS 805/8.40 new)
17    Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by the Chicago
20Independent Police Review Commission Act.