Full Text of HB5093 95th General Assembly
HB5093eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Police Act is amended by changing | 5 |
| Section 14 as follows:
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| (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
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| Sec. 14. Except as is otherwise provided in this Act, no | 8 |
| Department of
State Police officer shall be removed, demoted or | 9 |
| suspended except for
cause, upon written charges filed with the | 10 |
| Board by the Director and a hearing
before the Board thereon | 11 |
| upon not less than 10 days' notice at a place to
be designated | 12 |
| by the chairman thereof. At such hearing, the accused shall
be | 13 |
| afforded full opportunity to be heard in his or her own defense | 14 |
| and
to produce proof in his or her defense. Anyone filing a | 15 |
| complaint against a State Police Officer must have the | 16 |
| complaint supported by a sworn affidavit.
Any such complaint, | 17 |
| having been supported by a sworn affidavit, and having been | 18 |
| found, in total or in part, to contain false information, shall | 19 |
| be presented to the appropriate State's Attorney's office for a | 20 |
| determination of prosecution. Notwithstanding any other | 21 |
| rulemaking authority that may exist, neither the Governor nor | 22 |
| any agency or agency head under the jurisdiction of the | 23 |
| Governor has any authority to make or promulgate rules to |
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| implement or enforce the provisions of this amendatory Act of | 2 |
| the 95th General Assembly. If, however, the Governor believes | 3 |
| that rules are necessary to implement or enforce the provisions | 4 |
| of this amendatory Act of the 95th General Assembly, the | 5 |
| Governor may suggest rules to the General Assembly by filing | 6 |
| them with the Clerk of the House and the Secretary of the | 7 |
| Senate and by requesting that the General Assembly authorize | 8 |
| such rulemaking by law, enact those suggested rules into law, | 9 |
| or take any other appropriate action in the General Assembly's | 10 |
| discretion. Nothing contained in this amendatory Act of the | 11 |
| 95th General Assembly shall be interpreted to grant rulemaking | 12 |
| authority under any other Illinois statute where such authority | 13 |
| is not otherwise explicitly given. For the purposes of this | 14 |
| paragraph, "rules" is given the meaning contained in Section | 15 |
| 1-70 of the Illinois Administrative Procedure Act, and "agency" | 16 |
| and "agency head" are given the meanings contained in Sections | 17 |
| 1-20 and 1-25 of the Illinois Administrative Procedure Act to | 18 |
| the extent that such definitions apply to agencies or agency | 19 |
| heads under the jurisdiction of the Governor.
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| Before any such officer may be interrogated or examined by | 21 |
| or before the
Board, or by a departmental agent or investigator | 22 |
| specifically assigned
to conduct an internal investigation, | 23 |
| the results of which hearing,
interrogation
or examination may | 24 |
| be the basis for filing charges seeking his or her
suspension | 25 |
| for more than 15 days or his or her removal or discharge,
he or | 26 |
| she shall be advised in writing as to what specific improper or
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| illegal act he or she is alleged to have committed; he or she | 2 |
| shall
be advised in writing that his or her admissions made in | 3 |
| the course
of the hearing, interrogation or examination may be | 4 |
| used as the basis for
charges seeking his or her suspension, | 5 |
| removal or discharge; and he
or she shall be advised in writing | 6 |
| that he or she has a right to
counsel of his or her choosing, | 7 |
| who may be present to advise him or
her at any hearing, | 8 |
| interrogation or examination. A complete record of
any hearing, | 9 |
| interrogation or examination shall be made, and a complete
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| transcript or electronic recording thereof shall be made | 11 |
| available to such
officer without charge and without delay.
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| The Board shall have the power to secure by its subpoena
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| both the attendance and testimony of witnesses and the | 14 |
| production of books
and papers in support of the charges and | 15 |
| for the defense. Each member of
the Board or a designated | 16 |
| hearing officer shall have the power to administer
oaths or | 17 |
| affirmations. If the charges against an accused are established
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| by a preponderance of evidence, the Board shall make a finding | 19 |
| of guilty
and order either removal, demotion, suspension for a | 20 |
| period of not more
than 180 days, or such other disciplinary | 21 |
| punishment as may be prescribed
by the rules and regulations of | 22 |
| the Board which, in the opinion of the members
thereof, the | 23 |
| offense merits. Thereupon the
Director shall direct such | 24 |
| removal or other punishment as ordered by the
Board and if the | 25 |
| accused refuses to abide by any such disciplinary
order, the | 26 |
| Director shall remove him or her forthwith.
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| If the accused is found not guilty or has served a period | 2 |
| of suspension
greater than prescribed by the Board, the Board | 3 |
| shall order that the officer receive compensation for the | 4 |
| period involved.
The award of compensation shall include | 5 |
| interest at the rate of 7% per
annum.
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| The Board may include in its order appropriate sanctions | 7 |
| based upon the
Board's rules and regulations. If the Board | 8 |
| finds that a party has made
allegations or denials without | 9 |
| reasonable cause or has engaged in frivolous
litigation for the | 10 |
| purpose of delay or needless increase in the cost of
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| litigation, it may order that party to pay the other party's | 12 |
| reasonable
expenses, including costs and reasonable attorney's | 13 |
| fees. The State of
Illinois and the Department shall be subject | 14 |
| to these sanctions in the same
manner as other parties.
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| In case of the neglect or refusal of any person to obey a | 16 |
| subpoena issued
by the Board, any circuit court, upon | 17 |
| application
of any member of the Board, may order such person | 18 |
| to appear before the Board
and give testimony or produce | 19 |
| evidence, and any failure to obey such order
is punishable by | 20 |
| the court as a contempt thereof.
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| The provisions of the Administrative Review Law, and all | 22 |
| amendments and
modifications thereof, and the rules adopted | 23 |
| pursuant thereto, shall apply
to and govern all proceedings for | 24 |
| the judicial review of any order of the
Board rendered pursuant | 25 |
| to the provisions of this Section.
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| Notwithstanding the provisions of this Section, a policy |
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| making
officer, as defined in the Employee Rights Violation | 2 |
| Act, of the Department
of State Police shall be discharged from | 3 |
| the Department of State Police as
provided in the Employee | 4 |
| Rights Violation Act, enacted by the 85th General
Assembly.
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| (Source: P.A. 94-217, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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