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


Rep. Justin Slaughter

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 5303 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Counties Code is amended by changing
5Sections 3-7011 and 3-7012 and by adding Section 3-7018 as
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 for a
16reasonable period for all discipline less than termination , not



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1exceeding 30 days, without complying with the provisions of
2Section 3-7012 hereof.
3(Source: P.A. 86-962.)
4    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
5    Sec. 3-7012. Removal, demotion or suspension. Except as is
6otherwise provided in this Division, no deputy sheriff in the
7County Police Department, no full-time deputy sheriff not
8employed as a county police officer or county corrections
9officer and no employee in the County Department of Corrections
10shall be removed, demoted or suspended except for cause, upon
11written charges filed with the Board by the Sheriff and a
12hearing before the Board, or a hearing officer designated by
13the Board, thereon upon not less than 10 days' notice at a
14place to be designated by the chairman thereof. At such
15hearing, the accused deputy sheriff shall be afforded full
16opportunity to be heard in his or her own defense and to
17produce proof in his or her defense. The Board, or a hearing
18officer designated by the Board, shall have the power to secure
19by its subpoena both the attendance and testimony of witnesses
20and the production of books and papers in support of the
21charges and for the defense. The fees of witnesses for
22attendance and travel shall be the same as the fees of
23witnesses before the circuit courts of this State, and shall be
24paid in the same manner as other expenses of the Board. Each
25member of the Board, and hearing officers designated by the



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1Board, shall have the power to administer oaths or
2affirmations. If the charges against an accused deputy sheriff
3are established by a preponderance of evidence, the Board, or a
4hearing officer designated by the Board, shall make a finding
5of guilty and order either removal, demotion, suspension for a
6period of not more than 180 days, or such other disciplinary
7punishment as may be prescribed by the rules and regulations of
8the Board which, in the opinion of the members thereof, the
9offense merits. The Board shall render its decision no later
10than 90 days following the conclusion of any hearings conducted
11under the provisions of this Section. Thereupon the sheriff
12shall direct such removal or other punishment as ordered by the
13Board and if the accused deputy sheriff refuses to abide by any
14such disciplinary order, the sheriff shall remove him or her
16    In case of the neglect or refusal of any person to obey a
17subpoena issued by the Board, or a hearing officer designated
18by the Board, any circuit court or a judge thereof, upon
19application of any member of the Board, or a hearing officer
20designated by the Board, may order such person to appear before
21the Board and give testimony or produce evidence, and any
22failure to obey such order is punishable by the court as a
23contempt thereof.
24    The provisions of the Administrative Review Law, and all
25amendments and modifications thereof, and the rules adopted
26pursuant thereto, shall apply to and govern all proceedings for



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1the judicial review of any order of the Board rendered pursuant
2to the provisions of this Section.
3(Source: P.A. 86-962.)
4    (55 ILCS 5/3-7018 new)
5    Sec. 3-7018. Collective bargaining. Nothing in this
6Division shall be used to supplant or undermine existing
7agreements or proscribe future agreements achieved by
8collective bargaining, nor shall the provisions of this
9Division diminish the rights and protections under the Illinois
10Public Labor Relations Act.
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".