Full Text of HB3605 102nd General Assembly
HB3605 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3605 Introduced 2/22/2021, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 20 ILCS 2610/14 | from Ch. 121, par. 307.14 | 50 ILCS 725/3.8 | from Ch. 85, par. 2561 |
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Amends the State Police Act. Provides that it is not a requirement of a person filing a complaint against a State Police Officer to have a complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit). Amends the Uniform Peace Officers' Disciplinary Act. Provides that it is not a requirement of a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit). Provides that the provision is a limitation of power on home rule units under the Illinois Constitution.
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| | A BILL FOR |
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| 1 | | AN ACT concerning peace officers.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Police Act is amended by changing | 5 | | Section 14 as follows:
| 6 | | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| 7 | | Sec. 14. Except as is otherwise provided in this Act, no | 8 | | Department of
State Police officer shall be removed, demoted | 9 | | or suspended except for
cause, upon written charges filed with | 10 | | the Board by the Director and a hearing
before the Board | 11 | | thereon upon not less than 10 days' notice at a place to
be | 12 | | designated by the chairman thereof. At such hearing, the | 13 | | accused shall
be afforded full opportunity to be heard in his | 14 | | or her own defense and
to produce proof in his or her defense. | 15 | | It is not a requirement of a person Anyone filing a complaint | 16 | | against a State Police Officer to must have a the complaint | 17 | | supported by a sworn affidavit or any other legal | 18 | | documentation .
Any such complaint, having been supported by a | 19 | | sworn affidavit, and having been found, in total or in part, to | 20 | | contain false information, shall be presented to the | 21 | | appropriate State's Attorney for a determination of | 22 | | prosecution.
| 23 | | Before any such officer may be interrogated or examined by |
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| 1 | | or before the
Board, or by a departmental agent or | 2 | | investigator specifically assigned
to conduct an internal | 3 | | investigation, the results of which hearing,
interrogation
or | 4 | | examination may be the basis for filing charges seeking his or | 5 | | her
suspension for more than 15 days or his or her removal or | 6 | | discharge,
he or she shall be advised in writing as to what | 7 | | specific improper or
illegal act he or she is alleged to have | 8 | | committed; he or she shall
be advised in writing that his or | 9 | | her admissions made in the course
of the hearing, | 10 | | interrogation or examination may be used as the basis for
| 11 | | charges seeking his or her suspension, removal or discharge; | 12 | | and he
or she shall be advised in writing that he or she has a | 13 | | right to
counsel of his or her choosing, who may be present to | 14 | | advise him or
her at any hearing, interrogation or | 15 | | examination. A complete record of
any hearing, interrogation | 16 | | or examination shall be made, and a complete
transcript or | 17 | | electronic recording thereof shall be made available to such
| 18 | | officer without charge and without delay.
| 19 | | The Board shall have the power to secure by its subpoena
| 20 | | both the attendance and testimony of witnesses and the | 21 | | production of books
and papers in support of the charges and | 22 | | for the defense. Each member of
the Board or a designated | 23 | | hearing officer shall have the power to administer
oaths or | 24 | | affirmations. If the charges against an accused are | 25 | | established
by a preponderance of evidence, the Board shall | 26 | | make a finding of guilty
and order either removal, demotion, |
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| 1 | | suspension for a period of not more
than 180 days, or such | 2 | | other disciplinary punishment as may be prescribed
by the | 3 | | rules and regulations of the Board which, in the opinion of the | 4 | | members
thereof, the offense merits. Thereupon the
Director | 5 | | shall direct such removal or other punishment as ordered by | 6 | | the
Board and if the accused refuses to abide by any such | 7 | | disciplinary
order, the Director shall remove him or her | 8 | | forthwith.
| 9 | | If the accused is found not guilty or has served a period | 10 | | of suspension
greater than prescribed by the Board, the Board | 11 | | shall order that the officer receive compensation for the | 12 | | period involved.
The award of compensation shall include | 13 | | interest at the rate of 7% per
annum.
| 14 | | The Board may include in its order appropriate sanctions | 15 | | based upon the
Board's rules and regulations. If the Board | 16 | | finds that a party has made
allegations or denials without | 17 | | reasonable cause or has engaged in frivolous
litigation for | 18 | | the purpose of delay or needless increase in the cost of
| 19 | | litigation, it may order that party to pay the other party's | 20 | | reasonable
expenses, including costs and reasonable attorney's | 21 | | fees. The State of
Illinois and the Department shall be | 22 | | subject to these sanctions in the same
manner as other | 23 | | parties.
| 24 | | In case of the neglect or refusal of any person to obey a | 25 | | subpoena issued
by the Board, any circuit court, upon | 26 | | application
of any member of the Board, may order such person |
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| 1 | | to appear before the Board
and give testimony or produce | 2 | | evidence, and any failure to obey such order
is punishable by | 3 | | the court as a contempt thereof.
| 4 | | The provisions of the Administrative Review Law, and all | 5 | | amendments and
modifications thereof, and the rules adopted | 6 | | pursuant thereto, shall apply
to and govern all proceedings | 7 | | for the judicial review of any order of the
Board rendered | 8 | | pursuant to the provisions of this Section.
| 9 | | Notwithstanding the provisions of this Section, a policy | 10 | | making
officer, as defined in the Employee Rights Violation | 11 | | Act, of the Department
of State Police shall be discharged | 12 | | from the Department of State Police as
provided in the | 13 | | Employee Rights Violation Act, enacted by the 85th General
| 14 | | Assembly.
| 15 | | (Source: P.A. 96-891, eff. 5-10-10.)
| 16 | | Section 10. The Uniform Peace Officers' Disciplinary Act | 17 | | is amended by changing Section 3.8 as follows:
| 18 | | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
| 19 | | Sec. 3.8. Admissions; counsel; verified complaint.
| 20 | | (a) No officer shall be interrogated without first being | 21 | | advised
in writing that admissions made in the course of the | 22 | | interrogation may be
used as evidence of misconduct or as the | 23 | | basis for charges seeking suspension,
removal, or discharge; | 24 | | and without first being advised in writing that he
or she has |
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| 1 | | the right to counsel of his or her choosing who may be present
| 2 | | to advise him or her at any stage of any interrogation.
| 3 | | (b) It is not a requirement for a person Anyone filing a | 4 | | complaint against a sworn peace officer to must have the
| 5 | | complaint supported by a sworn affidavit or any other legal | 6 | | documentation . This subsection (b) of this Section is a | 7 | | limitation of the power of home rule units under Article VII, | 8 | | Section 6, paragraph (i) of the Illinois Constitution. Any | 9 | | complaint, having been supported by a sworn affidavit, and | 10 | | having been found, in total or in part, to contain knowingly | 11 | | false material information, shall be presented to the | 12 | | appropriate State's Attorney for a determination of | 13 | | prosecution.
| 14 | | (Source: P.A. 97-472, eff. 8-22-11.)
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