Illinois General Assembly - Full Text of HB5303
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Full Text of HB5303  100th General Assembly




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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 5. The Counties Code is amended by changing
5Sections 3-7002, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:
6    (55 ILCS 5/3-7002)  (from Ch. 34, par. 3-7002)
7    Sec. 3-7002. Cook County Sheriff's Merit Board. There is
8created the Cook County Sheriff's Merit Board, hereinafter
9called the Board, consisting of not less than 3 and not more
10than 7 members appointed by the Sheriff with the advice and
11consent of three-fifths of the county board, except that the
12Sheriff may appoint 2 additional members, with the advice and
13consent of three-fifths of the county board, at his or her
14discretion. Of the members first appointed, one shall serve
15until the third Monday in March, 1965 one until the third
16Monday in March, 1967, and one until the third Monday in March,
171969. Of the 2 additional members first appointed under
18authority of this amendatory Act of 1991, one shall serve until
19the third Monday in March, 1995, and one until the third Monday
20in March, 1997. Of the 2 additional members first appointed
21under the authority of this amendatory Act of the 91st General
22Assembly, one shall serve until the third Monday in March, 2005
23and one shall serve until the third Monday in March, 2006.



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1    Upon the expiration of the terms of office of those first
2appointed (including the 2 additional members first appointed
3under authority of this amendatory Act of 1991 and under the
4authority of this amendatory Act of the 91st General Assembly),
5their respective successors shall be appointed to hold office
6from the third Monday in March of the year of their respective
7appointments for a term of 6 years and until their successors
8are appointed and qualified for a like term. As additional
9members are appointed under authority of this amendatory Act of
101997, their terms shall be set to be staggered consistently
11with the terms of the existing Board members.
12    Notwithstanding any provision in this Section to the
13contrary, the term of office of each member of the Board is
14abolished on the effective date of this amendatory Act of the
15100th General Assembly. Of the 7 members first appointed after
16the effective date of this Act of the 100th General Assembly, 2
17shall serve until the third Monday in March 2019, 2 shall serve
18until the third Monday in March 2021, and 3 members shall serve
19until the third Monday in March 2023. The terms of the 2
20additional members first appointed after the effective date of
21this Act of the 100th General Assembly shall be staggered
22consistently with the terms of the other Board members.
23Successors or reappointments shall be appointed to hold office
24from the third Monday in March of the year of their respective
25appointments for a term ending on the third Monday in March of
266 years following the preceding term expiration. Each member of



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1the Board shall hold office until his or her successor is
2appointed and qualified or the member is reappointed. In all
3appointments, the county board has the power to approve terms
4to ensure the Board fulfills its mandate.
5    In the case of a vacancy in the office of a member prior to
6the conclusion of the member's term, the Sheriff shall, with
7the advice and consent of three-fifths of the county board,
8appoint a person to serve for the remainder of the unexpired
10    No more than one-half plus one of the 3 members of the
11Board shall be affiliated with the same political party.
12Political affiliation is determined, for purposes of this
13Section, as the political affiliation an appointed member has
14or does not have at the time the appointment is approved by the
15county board and shall continue to be so determined until the
16member discontinues serving on the Board , except that as
17additional members are appointed by the Sheriff, the political
18affiliation of the Board shall be such that no more than
19one-half of the members plus one additional member may be
20affiliated with the same political party. No member shall have
21held or have been a candidate for an elective public office
22within one year preceding his or her appointment.
23    The Sheriff may deputize members of the Board.
24(Source: P.A. 100-562, eff. 12-8-17.)
25    (55 ILCS 5/3-7004)  (from Ch. 34, par. 3-7004)



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1    Sec. 3-7004. Clerical and technical staff assistants and
2hearing officers. The Board is authorized to employ such
3clerical and technical staff assistants as may be necessary to
4enable the Board to transact its business and to fix their
5compensation. The Board is authorized to employ hearing
6officers to conduct hearings under Section 3-7012. Hearing
7officers employed by the Board shall be qualified to hold the
8position as determined by the Board. Hearing officers shall be
9attorneys licensed to practice law in this State.
10(Source: P.A. 86-962.)
11    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
12    Sec. 3-7008. Appointments. The appointment of deputy
13sheriffs in the Police Department, full-time deputy sheriffs
14not employed as county police officers or county corrections
15officers and of employees in the Department of Corrections
16shall be made from those applicants who have been certified by
17the Board as being qualified for appointment. Certification for
18appointment in one department shall not constitute
19certification for appointment in another department.
20Certification may be made at any point prior to appointment and
21may be made in conjunction with the Sheriff's application
22process. All persons so appointed shall, at the time of their
23appointment, be not less than 21 years of age, or 20 years of
24age and have successfully completed 2 years of law enforcement
25studies at an accredited college or university. Any person



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1appointed subsequent to successful completion of 2 years of
2such law enforcement studies shall not have power of arrest,
3nor shall he or she be permitted to carry firearms, until he or
4she reaches 21 years of age. In addition, all persons so
5appointed shall be not more than the maximum age limit fixed by
6the Board from time to time, be of sound mind and body, be of
7good moral character, be citizens of the United States, have
8not been convicted of a crime which the Board considers to be
9detrimental to the applicant's ability to carry out his or her
10duties, possess such prerequisites of training, education and
11experience as the Board may from time to time prescribe, and
12shall be required to pass successfully mental, physical,
13psychiatric and other tests and examinations as may be
14prescribed by the Board. Preference shall be given in such
15appointments to persons who have honorably served in the
16military or naval services of the United States. Before
17entering upon his or her duties, each deputy sheriff in the
18County Police Department shall execute a good and sufficient
19bond, payable to the People of the State of Illinois, in the
20penal sum of $1,000 and to the Sheriff of the County where he
21or she is employed in the sum of $10,000, conditioned on the
22faithful performance of his or her duties. All appointees shall
23serve a probationary period of 12 months and during that period
24may be discharged at the will of the Sheriff. However, civil
25service employees of the house of correction who have certified
26status at the time of the transfer of the house of correction



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1to the County Department of Corrections are not subject to this
2probationary period, and they shall retain their job titles,
3such tenure privileges as are now enjoyed and any subsequent
4title changes shall not cause reduction in rank or elimination
5of positions.
6(Source: P.A. 86-962.)
7    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)
8    Sec. 3-7011. Disciplinary measures. Disciplinary measures
9prescribed by the Board may be taken by the sheriff for the
10punishment of infractions of the rules and regulations
11promulgated by the Board. Such disciplinary measures may
12include suspension of any deputy sheriff in the County Police
13Department, any full-time deputy sheriff not employed as a
14county police officer or county corrections officer and any
15employee in the County Department of Corrections and any other
16discipline that does not constitute termination or demotion for
17a reasonable period, not exceeding 30 days, without complying
18with the provisions of Section 3-7012 hereof.
19(Source: P.A. 86-962.)
20    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
21    Sec. 3-7012. Removal, demotion or suspension. Except as is
22otherwise provided in this Division, no deputy sheriff in the
23County Police Department, no full-time deputy sheriff not
24employed as a county police officer or county corrections



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1officer and no employee in the County Department of Corrections
2shall be removed, demoted or suspended except for cause, upon
3written charges filed with the Board by the Sheriff and a
4hearing before the Board thereon upon not less than 10 days'
5notice at a place to be designated by the chairman thereof. At
6such hearing, the accused deputy sheriff shall be afforded full
7opportunity to be heard in his or her own defense and to
8produce proof in his or her defense. The Board shall have the
9power to secure by its subpoena both the attendance and
10testimony of witnesses and the production of books and papers
11in support of the charges and for the defense. The fees of
12witnesses for attendance and travel shall be the same as the
13fees of witnesses before the circuit courts of this State, and
14shall be paid in the same manner as other expenses of the
15Board. Each member of the Board shall have the power to
16administer oaths or affirmations. If the charges against an
17accused deputy sheriff are established by a preponderance of
18evidence, the Board shall make a finding of guilty and order
19either removal, demotion, suspension for a period of not more
20than 180 days, or such other disciplinary punishment as may be
21prescribed by the rules and regulations of the Board which, in
22the opinion of the members thereof, the offense merits. The
23Board shall render its decision no later than 120 days
24following the conclusion of any hearings conducted under this
25Section. Thereupon the sheriff shall direct such removal or
26other punishment as ordered by the Board and if the accused



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1deputy sheriff refuses to abide by any such disciplinary order,
2the sheriff shall remove him or her forthwith. On and after
3June 1, 2018, for an appointed officer rank subject to hearing
4under this Section that is covered by a collective bargaining
5agreement, disciplinary measures and the method of review of
6those measures are subject to mandatory bargaining, including,
7but not limited to, the use of impartial arbitration as an
8alternative or supplemental form of due process and any of the
9procedures laid out in this Section.
10    Within 21 days after the conclusion of a hearing overseen
11by a hearing officer appointed under Section 3-7004, the
12hearing officer shall issue a recommended order in writing,
13which shall include findings of fact and a determination of
14whether cause for discipline has been established by the
15Sheriff. The hearing officer shall also recommend whether
16discipline should be imposed and the level of the discipline.
17Any hearing officer may issue the recommended order. Within 21
18days after receipt of service of the recommended order, the
19Sheriff and the respondent may file with the board written
20exceptions to any part of the order. Exceptions shall be
21supported by argument and served on all parties at the time
22they are filed. If no exceptions are filed, the recommended
23order shall become the order of the board without further
24review. The board may set any further rules in accordance with
25this Section.
26    In case of the neglect or refusal of any person to obey a



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1subpoena issued by the Board, any circuit court or a judge
2thereof, upon application of any member of the Board, may order
3such person to appear before the Board and give testimony or
4produce evidence, and any failure to obey such order is
5punishable by the court as a contempt thereof.
6    The provisions of the Administrative Review Law, and all
7amendments and modifications thereof, and the rules adopted
8pursuant thereto, shall apply to and govern all proceedings for
9the judicial review of any order of the Board rendered pursuant
10to the provisions of this Section.
11(Source: P.A. 86-962.)
12    (55 ILCS 5/3-7007 rep.)
13    Section 10. The Counties Code is amended by repealing
14Section 3-7007.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.