(20 ILCS 2610/0.01) (from Ch. 121, par. 307.01)
Sec. 0.01. Short title. This Act may be cited as the Illinois
State Police Act.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/1) (from Ch. 121, par. 307.1)
Sec. 1.
The Illinois State Police shall maintain divisions in accordance with Section
2605-25 of the Illinois State Police Law. The Illinois State Police,
by
the Director, shall appoint State policemen, also known as State Police
Officers, as provided in this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/2) (from Ch. 121, par. 307.2)
Sec. 2.
The Director shall be responsible for the management
and control of the Illinois State Police. The Director shall make and adopt rules and
regulations for the direction, control, discipline and conduct of the
members of the Illinois State Police and such other rules for the government and
operation of the Illinois State Police as he may deem necessary. He shall also
designate the authority and responsibility within the limits of this Act
for each rank of State policemen in the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3.
The Governor shall appoint, by and with the advice and consent of
the Senate, an Illinois State Police Merit Board, hereinafter called
the Board, consisting of 7 members to hold office. The Governor shall appoint new board members within 30 days for the vacancies created under Public Act 101-652. Board members shall be appointed to four-year terms. No member shall be appointed to more than 2 terms. In making the appointments, the Governor shall make a good faith effort to appoint members reflecting the geographic, ethnic, and cultural diversity of this State. In making the appointments, the Governor should also consider appointing: persons with professional backgrounds, possessing legal, management, personnel, or labor experience; at least one member with at least 10 years of experience as a licensed physician or clinical psychologist with expertise in mental health; and at least one member affiliated
with an organization committed to social and economic rights and to eliminating discrimination. No more than 4 members of the Board shall be affiliated with the
same political party. If the Senate is not in session at the time initial
appointments are made pursuant to this Section, the Governor shall make
temporary appointments as in the case of a vacancy. In order to avoid actual conflicts of interest, or the appearance of conflicts of interest, no board member shall be a retired or former employee of the Illinois State Police. When a Board member may have an actual, perceived, or potential conflict of interest that could prevent the Board member from making a fair and impartial decision on a complaint or formal complaint against an Illinois State Police officer, the Board member shall recuse himself or herself; or, if the Board member fails to recuse himself or herself, then the Board may, by a simple majority, vote to recuse the Board member.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(20 ILCS 2610/4) (from Ch. 121, par. 307.4)
Sec. 4.
In case of a vacancy in the office of any member of the Board
during the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall nominate
some person to fill such office; and any person so nominated, who is
confirmed by the Senate, shall hold his office during the remainder of the
term and until his successor shall be appointed and qualified.
(Source: Laws 1949, p. 1357.)
|
(20 ILCS 2610/5) (from Ch. 121, par. 307.5)
Sec. 5.
Each member of the Board shall receive the sum of $125 per day
for each day during which he is engaged in transacting the business of the
Board, or an amount set by the Compensation Review Board, whichever is
greater, and, in addition thereto, his actual traveling and other expenses
necessarily incurred in discharging the duties of his office; provided, no
member of the Board shall receive compensation for more than 100
days of work in any one fiscal year.
(Source: P.A. 83-1177.)
|
(20 ILCS 2610/6) (from Ch. 121, par. 307.6)
Sec. 6.
The Board is authorized to employ such clerical and technical staff
assistants, not to exceed fifteen, as may be necessary to enable the Board
to transact its business and, if the rate of compensation is not otherwise
fixed by law, to fix their compensation. In order to avoid actual conflicts of interest, or the appearance of conflicts of interest, no employee, contractor, clerical or technical staff shall be a retired or former employee of the Illinois State Police. All employees shall be subject to the Personnel Code.
(Source: P.A. 101-652, eff. 1-1-22.)
|
(20 ILCS 2610/6.5) Sec. 6.5. Badges. No badge, star, or shield shall be issued to Board members, employees, contractors, clerical or technical staff.
(Source: P.A. 101-652, eff. 1-1-22.) |
(20 ILCS 2610/7) (from Ch. 121, par. 307.7)
Sec. 7.
As soon as practicable after the members of the Board have
been appointed, they shall meet and shall
organize by electing a chairman and a secretary. The initial chairman
and secretary, and their successors, shall be elected by the Board from
among its members for a term of two years or for the remainder of their
term of office as a member of the Board, whichever is the shorter.
Three members of the Board shall constitute a quorum for the transaction
of business. The Board shall hold regular quarterly meetings and such
other meetings as may be called by the chairman.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(20 ILCS 2610/7.1) (from Ch. 121, par. 307.7-1)
Sec. 7.1.
In furtherance of the policy of this Act that the Board shall
exercise its powers and duties in an independent manner, subject to the
provisions of this Act but free from the direction, control or influence
of any other agency or department of State government, after June 30, 1989
all expenses and liabilities incurred by the Board in the performance of
its responsibilities hereunder shall be paid from funds which shall be appropriated
to the Board by the General Assembly for the ordinary and contingent expenses
of the Board.
(Source: P.A. 86-931.)
|
(20 ILCS 2610/7.2) Sec. 7.2. State Police Merit Board Public Safety Fund. (a) A special fund in the State treasury is hereby created which shall be known as the State Police Merit Board Public Safety Fund. The Fund shall be used by the State Police Merit Board to provide a cadet program for State Police personnel and to meet all costs associated with the functions of the State Police Merit Board. Notwithstanding any other law to the contrary, the State Police Merit Board Public Safety Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the State Police Merit Board Public Safety Fund into any other fund of the State. (b) The Fund may receive State appropriations, gifts, grants, and federal funds and shall include earnings from the investment of moneys in the Fund. (c) The administration of this Fund shall be the responsibility of the State Police Merit Board. The Board shall establish terms and conditions for the operation of the Fund. The Board shall establish and implement fiscal controls and accounting periods for programs operated using the Fund. All fees or moneys received by the State Treasurer under the Criminal and Traffic Assessment Act shall be deposited into the Fund. The moneys deposited in the State Police Merit Board Public Safety Fund shall be appropriated to the State Police Merit Board for expenses of the Board for the administration and conduct of all its programs for State Police personnel.
(Source: P.A. 100-987, eff. 7-1-19.) |
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Board jurisdiction. (a) The Board shall exercise jurisdiction over the certification for
appointment and promotion, and over the discipline, removal, demotion, and
suspension of Illinois State Police officers.
The Board and the Illinois State Police should also ensure Illinois State Police cadets and officers represent the utmost integrity and professionalism and represent the geographic, ethnic, and cultural diversity of this State. The Board shall also exercise jurisdiction to certify and terminate Illinois State Police officers in compliance with certification standards consistent with Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
merit principles of public employment, the Board shall formulate, adopt,
and put into effect rules, regulations, and procedures for its operation
and the transaction of its business. The Board shall establish a classification
of ranks of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Illinois State Police officer
appointed by the Director shall be classified as a State Police officer
as follows: trooper, sergeant, master sergeant, lieutenant,
captain,
major, or Special
Agent.
(b) The Board shall publish all standards and qualifications for each rank, including Cadet, on its website. This shall include, but not be limited to, all physical fitness, medical, visual, and hearing standards. The Illinois State Police shall cooperate with the Board by providing any necessary information to complete this requirement. (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(20 ILCS 2610/8.2) (from Ch. 121, par. 307.8b)
Sec. 8.2.
All State Policemen, regardless of rank, shall receive a longevity
increment at the start of their 5th, 10th, 15th, 20th and
25th years of service
with the Illinois State Police amounting to approximately five percent of a
trooper's salary for the year preceding that service anniversary.
(Source: P.A. 83-914.)
|
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the appointment of
Illinois State Police officers shall be made from those applicants who
have been certified by the Board as being qualified for appointment. All
persons so appointed shall, at the time of their appointment, be not less than
21 years of age, or 20 years of age and have successfully completed an associate's degree or 60 credit hours at an accredited college or university. Any person
appointed subsequent to successful completion of an associate's degree or 60 credit hours at an accredited college or university shall not have power of arrest, nor shall he or she be permitted
to carry firearms, until he or she reaches 21 years of age. In addition,
all persons so certified for appointment shall be of sound mind and body, be of
good moral character, be citizens of the United States, have no criminal
records, possess such prerequisites of training, education, and experience as
the Board may from time to time prescribe so long as persons who have an associate's degree or 60 credit hours at an accredited college or university are not disqualified, and shall be required to pass
successfully such mental and physical tests and examinations as may be
prescribed by the Board. A person who meets one of the following requirements is deemed to have met the collegiate educational requirements: (i) has been honorably discharged and who has been | ||
| ||
(ii) is an active member of the Illinois National | ||
| ||
(iii) has been honorably discharged who served in a | ||
| ||
(iv) has at least 3 years of full active and | ||
| ||
(v) has successfully completed basic law enforcement | ||
| ||
Preference shall be given in such appointments to
persons who have honorably served in the United States Armed Forces. All appointees shall serve a probationary period of 12 months
from the date of appointment and during that period may be discharged at the
will of the Director. However, the Director may in his or her sole discretion
extend the probationary period of an officer up to an additional 6 months when
to do so is deemed in the best interest of the Illinois State Police. Nothing in this subsection (a) limits the Board's ability to prescribe education prerequisites or requirements to certify Illinois State Police officers for promotion as provided in Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act, after July 1,
1977 and before July 1, 1980, the Director of State Police may appoint and
promote not more than 20 persons having special qualifications as special
agents as he or she deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following March 31, 1995 (the effective date of Public Act 89-9), the Director of State Police may appoint up to 25 persons as State
Police officers. These appointments shall be made in accordance with the
requirements of this subsection (c) and any additional criteria that may be
established by the Director, but are not subject to any other requirements of
this Act. The Director may specify the initial rank for each person appointed
under this subsection.
All appointments under this subsection (c) shall be made from personnel
certified by the Board. A person certified by the Board and appointed by the
Director under this subsection must have been employed by the Illinois Commerce
Commission on November 30, 1994 in a job title
subject to the Personnel Code and in a position for which the person was
eligible to earn "eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension Code.
Persons appointed under this subsection (c) shall thereafter be subject to
the same requirements and procedures as other State police officers. A person
appointed under this subsection must serve a probationary period of 12 months
from the date of appointment, during which he or she may be discharged at the
will of the Director.
This subsection (c) does not affect or limit the Director's authority to
appoint other State Police officers under subsection (a) of this Section. (d) During the 180 days following January 1, 2022 (the effective date of Public Act 101-652), the Director of the Illinois State Police may appoint current Illinois State Police employees serving in law enforcement officer positions previously within Central Management Services as State Police officers. These appointments shall be made in accordance with the requirements of this subsection (d) and any institutional criteria that may be established by the Director, but are not subject to any other requirements of this Act.
All appointments under this subsection (d) shall be made from personnel certified by the Board. A person certified by the Board and appointed by the Director under this subsection must have been employed by a State agency, board, or commission on January 1, 2021 in a job title subject to the Personnel Code and in a position for which the person was eligible to earn "eligible creditable service" as a "noncovered employee", as those terms are defined in Article 14 of the Illinois Pension Code.
Persons appointed under this subsection (d) shall thereafter be subject to the same requirements, and subject to the same contractual benefits and obligations, as other State police officers.
This subsection (d) does not affect or limit the Director's authority to appoint other State Police officers under subsection (a) of this Section. (e) The Merit Board shall review Illinois State Police Cadet applicants. The Illinois State Police may provide background check and investigation material to the Board for its review
pursuant to this Section. The Board shall approve and ensure that no cadet applicant is certified unless the applicant is a person of good character and has not been convicted of, or entered a plea of guilty to, a felony offense, any of the misdemeanors specified in this Section or if committed in any other state would be an offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in violation of any Section of Part E of Title III of the Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or any felony or misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified therein. The Officer Professional Conduct Database, provided for in Section 9.2 of the Illinois Police Training Act, shall be searched as part of this process. For purposes of this Section, "convicted of, or entered a plea of guilty" regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. This includes sentences of supervision, conditional discharge, or first offender probation, or any similar disposition provided for by law. (f) The Board shall by rule establish an application fee waiver program for any person who meets one or more of the following criteria: (1) his or her available personal income is 200% or | ||
| ||
(2) he or she is, in the discretion of the Board, | ||
| ||
(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff. 1-1-24.)
|
(20 ILCS 2610/10) (from Ch. 121, par. 307.10)
Sec. 10.
Except as provided in Section 9 of this Act, promotion of Illinois State Police officers shall be made by the Director
from those candidates
who have been certified to him as being qualified for promotion. The Board
shall make certifications for promotions
on the basis of job performance measurement, seniority, education, or written
or oral examinations. All vacancies in all ranks above the lowest shall
be filled by promotion.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/11) (from Ch. 121, par. 307.11)
Sec. 11.
All appointments and promotions shall be made in accordance with
the provisions of this Act and the rules and regulations of the Board
without considering the political affiliation of any applicant.
(Source: Laws 1953, p. 1329.)
|
(20 ILCS 2610/11.5) Sec. 11.5. Merit Board annual report. (a) The Illinois State Police Merit Board shall report annually to the Governor and General Assembly the following information: (1) the number of state police officers terminated in | ||
| ||
(2) the number of cadet written tests administered | ||
| ||
(3) cadet physical fitness testing and locations; (4) the number of cadet applicants who administered a | ||
| ||
(5) the number of cadet applicants who failed the | ||
| ||
(6) the number of cadet applicants certified for each | ||
| ||
(b) The Board shall also report the number of promotional tests and assessments administered and the number of persons who were certified for promotion. All reported categories and data shall contain a gender and ethnic breakdown for those individuals. The Illinois State Police shall cooperate with the Board by providing any necessary information to complete this annual report. The report shall also identify strategies for promoting diversity and inclusion in all testing, including promotional testing, and cadet recruitment, and barriers to advancement of these goals. The first report shall be filed no later than March 31, 2022.
(Source: P.A. 101-652, eff. 1-1-22.) |
(20 ILCS 2610/11.6) Sec. 11.6. Illinois State Police annual disciplinary data report. (a) The Illinois State Police shall report annually to the Governor and General Assembly the following statistical information, which may be part of its annual report, pursuant to Section 5-650 of the Civil Administrative Code of Illinois: (1) the number of complaints received in the | ||
| ||
(2) the number of internal investigations initiated | ||
| ||
(3) the number of internal investigations concluded | ||
| ||
(4) the number of investigations pending as of the | ||
| ||
(5) the number of Merit Board referrals; (6) the number of officers decertified in the | ||
| ||
(7) the number of investigations that led to a | ||
| ||
(b) This report shall not contain any personal identifiable information or case specific information. (c) This report shall be filed beginning March 1, 2023, or whenever the agency files its annual report.
(Source: P.A. 101-652, eff. 1-1-22.) |
(20 ILCS 2610/12.1) (from Ch. 121, par. 307.12-1)
Sec. 12.1.
No person may be retained in service as a State policeman after he has
reached 60 years of age.
(Source: P.A. 78-308.)
|
(20 ILCS 2610/12.2)
Sec. 12.2. Burial benefit for State police officers killed in the line of
duty. (a) The Illinois State Police shall pay directly or reimburse, up to a
maximum of $20,000, the burial expenses of each State police officer who is
killed in the line of duty after June 30, 2018.
(b) The payments provided for in this Section shall be paid out of moneys
appropriated to the Illinois State Police for the personal services of State police
officers.
(c) The Illinois State Police shall adopt rules governing the
administration of this Section.
(Source: P.A. 101-28, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/12.5)
Sec. 12.5. Zero tolerance drug policy. Any person employed by the Illinois
State Police who tests positive in accordance with established Illinois State Police
drug
testing procedures for any substance prohibited by
the
Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act shall be discharged from employment.
Any person employed by the Illinois State Police who tests positive
in
accordance with established Illinois State Police drug testing procedures for any
substance
prohibited by the Cannabis Control Act may be
discharged from employment. Refusal to
submit to a drug test, ordered in accordance with Illinois State Police procedures, by
any person
employed by the Illinois State Police shall be construed as a positive test, and the
person shall be
discharged from employment. The changes made in this Section by this amendatory Act of the 100th General Assembly shall apply to all pending and future incidents under this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/12.6) Sec. 12.6. Automatic termination of Illinois State Police officers. The Board shall terminate a State police officer convicted of a felony offense under the laws of this State or any other state which if committed in this State would be punishable as a felony. The Board must also terminate Illinois State Police officers who were convicted of, or entered a plea of guilty to, on or after January 1, 2022 (the effective date of Public Act 101-652), any misdemeanor specified in this Section or if committed in any other state would be an offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in violation of any Section of Part E of Title III of the Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or any felony or misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified therein. The Illinois State Police Merit Board shall report terminations under this Section to the Officer Professional Conduct Database provided in Section 9.2 of the Illinois Police Training Act. For purposes of this Section, "convicted of, or entered a plea of guilty" regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. This includes sentences of supervision, conditional discharge, or first offender probation, or any similar disposition provided for by law.
(Source: P.A. 102-694, eff. 1-7-22; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
|
(20 ILCS 2610/12.7) Sec. 12.7. Discretionary termination of Illinois State Police officers. (a) Definitions. For purposes of this Section 12.7: "Duty to intervene" means an obligation to intervene to prevent harm from occurring that arises when an officer is present and has reason to know: (1) that excessive force is being used; or (2) that any constitutional violation has been | ||
| ||
This duty applies equally to supervisory and | ||
| ||
"Excessive use of force" means using force in violation of State or federal law. "False statement" means: (1) any knowingly false statement provided on a form | ||
| ||
(2) that the writer does not believe to be true; and (3) that the writer includes to mislead a public | ||
| ||
"Perjury" has the meaning as defined under Sections 32-2 and 32-3 of the Criminal Code of 2012. "Tampers with or fabricates evidence" means if a law enforcement officer: (1) has reason to believe that an official proceeding | ||
| ||
(2) alters, destroys, conceals, or removes any | ||
| ||
(b) Discretionary termination conduct.
The Board may terminate an Illinois State Police officer upon a determination by the Board that the Illinois State Police officer has: (1) committed an act that would constitute a felony | ||
| ||
(2) exercised excessive use of force; (3) failed to comply with the officer's duty to | ||
| ||
(4) tampered with a dash camera or body-worn camera | ||
| ||
(5) engaged in the following conduct relating to the | ||
| ||
(6) engaged in any unprofessional, unethical, | ||
| ||
(c) If an officer enters a plea of guilty, nolo contendere, stipulates to the facts or is found guilty of a violation of any law, or if there is any other Board or judicial determination that will support any punitive measure taken against the officer, such action by the officer or judicial entity may be considered for the purposes of this Section. Termination under this Section shall be by clear and convincing evidence. If the Board votes to terminate, the Board shall put its decision in writing, setting forth the specific reasons for its decision. Final decisions under this Section are reviewable under the Administrative Review Law. (d) The Illinois State Police Merit Board shall report all terminations under this Section to the Officer Professional Conduct Database provided in Section 9.2 of the Illinois Police Training Act. (e) Nothing in this Act shall require an Illinois State Police officer to waive any applicable constitutional rights. (f) Nothing in this Section shall prohibit the Merit Board from administering discipline up to and including termination for violations of Illinois State Police policies and procedures pursuant to other Sections of this Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.) |
(20 ILCS 2610/13) (from Ch. 121, par. 307.13)
Sec. 13.
Disciplinary measures prescribed by the Board for Illinois State Police officers may be taken by the Director for the punishment of
infractions of the rules and regulations of the respective divisions as
promulgated by the Illinois State Police. Such disciplinary measures may include
suspension of any such officer for a reasonable period, not exceeding 30 days.
Any officer so suspended, within 10 days after suspension, may petition
the Board in writing to review the suspension, and upon the filing of such
petition with the Board, the Board shall within a reasonable amount of time,
but no later than 30 days after the date of request for review set the written
petition for hearing before the Board upon not less than 10 days' notice
at a place to be designated by the chairman thereof.
The Board may sustain the action of the Director,
reverse it with instructions that the officer receive his
pay for the period involved, or reduce the length of suspension with instructions
that the officer's pay be adjusted accordingly. No later than July 1,
1987, the Board shall promulgate rules which include the standards to be
used in determining when compensation will be awarded to an officer who is
found not guilty or has served a greater period of suspension than
prescribed by the Board. The Board may not increase
the length of suspension imposed by the Director.
The Board may, by unanimous decision, dismiss the petition
if it has determined that there is no substantial basis for its review of
the suspension. In all other respects, the hearing shall be conducted in
the manner provided for in Section 14 hereof. The provisions of the
"Administrative Review Law" and the rules adopted pursuant thereto shall
apply to and govern all proceedings for the judicial review of any order of
the board rendered pursuant to the provisions of this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no Illinois
State Police officer shall be removed, demoted, or suspended except for
cause, upon written charges filed with the Board by the Director and a hearing
before the Board thereon upon not less than 10 days' notice at a place to
be designated by the chairman thereof. At such hearing, the accused shall
be afforded full opportunity to be heard in his or her own defense and
to produce proof in his or her defense. It shall not be 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. This ban on an affidavit requirement shall apply to any collective bargaining agreements entered after the effective date of this provision.
Before any such officer may be interrogated or examined by or before the
Board, or by an Illinois
State Police agent or investigator specifically assigned
to conduct an internal investigation, the results of which hearing,
interrogation,
or examination may be the basis for filing charges seeking his or her
suspension for more than 15 days or his or her removal or discharge,
he or she shall be advised in writing as to what specific improper or
illegal act he or she is alleged to have committed; he or she shall
be advised in writing that his or her admissions made in the course
of the hearing, interrogation, or examination may be used as the basis for
charges seeking his or her suspension, removal, or discharge; and he
or she shall be advised in writing that he or she has a right to
counsel of his or her choosing, who may be present to advise him or
her at any hearing, interrogation, or examination. A complete record of
any hearing, interrogation, or examination shall be made, and a complete
transcript or electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the production of books
and papers in support of the charges and for the defense. Each member of
the Board or a designated hearing officer shall have the power to administer
oaths or affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding of guilty
and order either removal, demotion, suspension for a period of not more
than 180 days, or such other disciplinary punishment as may be prescribed
by the rules and regulations of the Board which, in the opinion of the members
thereof, the offense merits. Thereupon the
Director shall direct such removal or other punishment as ordered by the
Board and if the accused refuses to abide by any such disciplinary
order, the Director shall remove him or her forthwith.
If the accused is found not guilty or has served a period of suspension
greater than prescribed by the Board, the Board shall order that the officer receive compensation for the period involved.
The award of compensation shall include interest at the rate of 7% per
annum.
The Board may include in its order appropriate sanctions based upon the
Board's rules and regulations. If the Board finds that a party has made
allegations or denials without reasonable cause or has engaged in frivolous
litigation for the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's reasonable
expenses, including costs and reasonable attorney's fees. The State of
Illinois and the Illinois
State Police shall be subject to these sanctions in the same
manner as other parties.
In case of the neglect or refusal of any person to obey a subpoena issued
by the Board, any circuit court, upon application
of any member of the Board, may order such person to appear before the Board
and give testimony or produce evidence, and any failure to obey such order
is punishable by the court as a contempt thereof.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of any order of the
Board rendered pursuant to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy making
officer, as defined in the Employee Rights Violation Act, of the Illinois State Police shall be discharged from the Illinois State Police as
provided in the Employee Rights Violation Act, enacted by the 85th General
Assembly.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(20 ILCS 2610/14a)
Sec. 14a.
Statements obtained in violation of law.
Any statements or
admissions obtained during the course of any hearing or interrogation not
conducted in accordance with this Act may not be utilized against the officer
in any subsequent disciplinary proceeding. For the purposes of this Section,
"hearing" or "interrogation" means a hearing or interrogation conducted
pursuant to this Act.
(Source: P.A. 88-419.)
|
(20 ILCS 2610/16) (from Ch. 121, par. 307.16) Sec. 16. State policemen shall enforce the provisions of the Illinois Vehicle Code and Article 9 of the Illinois Highway Code and shall patrol the public highways and rural districts to make arrests for violations of the provisions of such Acts. They are conservators of the peace and as such have all powers possessed by policemen in cities, and sheriffs, except that they may exercise such powers anywhere in this State. The State policemen shall cooperate with the police of cities, villages, and incorporated towns, and with the police officers of any county, in enforcing the laws of the State and in making arrests and recovering property. They may be equipped with standardized and tested devices for weighing motor vehicles and may stop and weigh, acting reasonably, or cause to be weighed, any motor vehicle which appears to weigh in excess of the weight permitted by law. It shall also be the duty of the Illinois State Police to determine, whenever possible, the person or persons or the causes responsible for the breaking or destruction of any improved hard-surfaced roadway and to arrest all persons criminally responsible for such breaking or destruction and bring them before the proper officer for trial. The Illinois State Police shall divide the State into zones, troops, or regions and assign each zone, troop, or region to one or more policemen. No person employed under this Act, however, shall serve or execute civil process, except for process issued under the authority of the General Assembly, or a committee or commission thereof vested with subpoena powers when the county sheriff refuses or fails to serve such process, and except for process allowed by statute or issued under the authority of the Illinois Department of Revenue.(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23; 103-605, eff. 7-1-24.) |
(20 ILCS 2610/17) (from Ch. 121, par. 307.17)
Sec. 17.
The Division shall purchase and furnish to the
policemen
appropriate uniforms including a metal star or badge bearing the words
"Illinois State Police", identification, and such vehicles and other
equipment as may be necessary.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(20 ILCS 2610/17a) (from Ch. 121, par. 307.17a)
Sec. 17a.
The Department of Central Management Services
shall procure and furnish to each State policeman, without cost to him,
public liability insurance protecting him against any liability arising
out of his employment to the extent of the insurance policy limits not
exceeding
$100,000 or include each such State policeman under a self-insurance plan
implemented under Section 405-105 of the Department of Central
Management Services Law (20 ILCS 405/405-105).
(Source: P.A. 91-239, eff. 1-1-00.)
|
(20 ILCS 2610/17b) Sec. 17b. Retiring officer; purchase of service firearm and police badge. The Director of the Illinois State Police shall establish a policy to allow a State Police officer who is honorably retiring or separating in good standing to purchase either one or both of the following: (i) any State Police badge previously issued to that officer; or (ii) if the officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer by the Illinois State Police. The cost of the firearm purchased shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-538, eff. 8-20-21.) |
(20 ILCS 2610/17c) Sec. 17c. Military equipment surplus program. (a) For purposes of this Section: "Bayonet" means a large knife designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purpose of hand-to-hand combat. "Grenade launcher" means a firearm or firearm accessory used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm. "Military equipment surplus program" means any federal or State program allowing a law enforcement agency to obtain surplus military equipment, including, but not limited to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201), or any program established under 10 U.S.C. 2576a. "Tracked armored vehicle" means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system instead of wheels for forward motion, not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency. "Weaponized aircraft, vessel, or vehicle" means any aircraft, vessel, or vehicle with weapons installed. (b) The Illinois State Police shall not request or receive from any military equipment surplus program nor purchase or otherwise utilize the following equipment: (1) tracked armored vehicles; (2) weaponized aircraft, vessels, or vehicles; (3) firearms of .50-caliber or higher; (4) ammunition of .50-caliber or higher; (5) grenade launchers; or (6) bayonets. (c) If the Illinois State Police request other property not prohibited by this Section from a military equipment surplus program, the Illinois State Police shall publish notice of the request on a publicly accessible website maintained by the Illinois State Police within 14 days after the request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.) |
(20 ILCS 2610/18) (from Ch. 121, par. 307.18)
Sec. 18.
The Director may also authorize any
civilian employee of the Illinois State Police who is not a State policeman to be
a truck weighing inspector with the power of enforcing the provisions of
Sections 15-102, 15-103, 15-107, 15-111, and 15-301 and subsection (d) of
Section 3-401 of the Illinois Vehicle Code.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
Sec. 20.
The Illinois State Police from time to time may enter into contracts with
the Illinois State Toll Highway Authority, hereinafter
called the Authority, with respect to the policing of
toll highways by the Illinois State Police. Such contracts shall provide among other
matters for the compensation or reimbursement of the Illinois State Police by the
Authority for the costs incurred by this State with respect
to such policing service, including, but not limited to, the costs of: (1)
compensation and training of the State policemen and the clerical employees
assigned to such policing service; and (2) uniforms, equipment, and supplies, which shall be Illinois State Police property,
and housing used by such personnel; and (3) reimbursement of such sums as
the State expends in connection with payments of claims for injuries or
illnesses suffered by such personnel in the line of duty. Each such contract
may provide for the methods of ascertaining such costs, and shall be of
such duration and may contain such other appropriate terms as the Illinois State Police
and the Authority may agree upon. The Illinois State Police is not
obliged to furnish policing service on any highway under the jurisdiction of the
Authority except as required by contract.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)
|
(20 ILCS 2610/21) (from Ch. 121, par. 307.18b)
Sec. 21.
(a) The Illinois State Police shall appoint as State policemen the number
of persons required for assignment to the policing of toll highways by
contracts made pursuant to Section 20 of this Act; and such policemen shall
have the same qualifications and shall be appointed and paid and shall
receive the same benefits, as all other State policemen.
(b) The Director shall assign such policemen in accordance with
the contract provisions, which may authorize temporary increases or decreases
in the number of policemen so assigned when emergency conditions so require.
(c) State policemen so assigned have, in policing the toll highways, all
powers and duties of enforcement and arrest which Section 16 of this Act
confers upon State policemen generally in policing other public highways
and other areas, and in addition have the duty to enforce all regulations
established by the Illinois State Toll Highway Authority pursuant to the
authority of the Toll Highway Act.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/22) (from Ch. 121, par. 307.18c)
Sec. 22.
The Director and the State policemen appointed by him,
when authorized by the Director, may expend such sums as the Director
deems necessary in the purchase of evidence and in the employment of persons
to obtain evidence.
Such sums to be expended shall be advanced to the State policeman who is
to make such purchase or employment from funds appropriated or made available
by law for the support or use of the Illinois State Police on vouchers therefor signed
by the Director.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(20 ILCS 2610/23) (from Ch. 121, par. 307.18d)
Sec. 23. Auxiliary State policemen. On and after the effective date of this amendatory Act of the 100th General Assembly, the Director shall not appoint auxiliary State policemen.
The Line of Duty Compensation Act shall be applicable to auxiliary State
policemen appointed before this amendatory Act of the 100th General Assembly upon their death in the line of duty.
(Source: P.A. 100-808, eff. 1-1-19.)
|
(20 ILCS 2610/24) Sec. 24. Illinois State Police quotas prohibited. The Illinois State Police may not require an Illinois State Police officer to issue a specific number of citations within a designated period of time. This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the Illinois State Police and used to fund traffic enforcement programs. The Illinois State Police may not, for purposes of evaluating an Illinois State Police officer's job performance, compare the number of citations issued by the Illinois State Police officer to the number of citations issued by any other Illinois State Police officer who has similar job duties. Nothing in this Section shall prohibit the Illinois State Police from evaluating an Illinois State Police officer based on the Illinois State Police officer's points of contact. For the purposes of this Section, "points of contact" means any quantifiable contact made in the furtherance of the Illinois State Police officer's duties, including, but not limited to, the number of traffic stops completed, arrests, written warnings, and crime prevention measures. Points of contact shall not include either the issuance of citations or the number of citations issued by an Illinois State Police officer.
(Source: P.A. 102-538, eff. 8-20-21.) |
(20 ILCS 2610/30) Sec. 30. Patrol vehicles with in-car video recording cameras. (a) Definitions. As used in this Section: "Audio recording" means the recorded conversation | ||
| ||
"Emergency lights" means oscillating, rotating, or | ||
| ||
"In-car video camera" means a video camera located in | ||
| ||
"In-car video camera recording equipment" means a | ||
| ||
"Enforcement stop" means an action by an officer of | ||
| ||
"Recording" means the process of capturing data or | ||
| ||
"Recording medium" means any recording medium | ||
| ||
"Wireless microphone" means a device worn by the | ||
| ||
(b) By June 1, 2009, the Illinois State Police shall install in-car video camera recording equipment in all patrol vehicles. Subject to appropriation, all patrol vehicles shall be equipped with in-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more by June 1, 2011. In-car video camera recording equipment shall be capable of making audio recordings with the assistance of a wireless microphone. (c) As of the effective date of this amendatory Act of the 95th General Assembly, in-car video camera recording equipment with a recording medium incapable of recording for a period of 10 hours or more shall record activities outside a patrol vehicle whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop; (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or (iii) an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose. As of the effective date of this amendatory Act of the 95th General Assembly, in-car video camera recording equipment with a recording medium incapable of recording for a period of 10 hours or more shall record activities inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose. (1) Recording for an enforcement stop shall begin | ||
| ||
(2) Recording shall begin when patrol vehicle | ||
| ||
(3) An officer may begin recording if the officer | ||
| ||
(d) In-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more shall record activities whenever a patrol vehicle is assigned to patrol duty. (e) Any enforcement stop resulting from a suspected violation of the Illinois Vehicle Code shall be video and audio recorded. Audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation. (f) Recordings made on in-car video camera recording medium shall be retained by the Illinois State Police for a storage period of at least 90 days. Under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use unless otherwise ordered by the District Commander or his or her designee or by a court, or if designated for evidentiary or training purposes. (g) Audio or video recordings made pursuant to this Section shall be available under the applicable provisions of the Freedom of Information Act. Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying. (h) The Illinois State Police shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium. An officer operating a patrol vehicle must immediately document and notify the District Commander or his or her designee of any technical difficulties, failures, or problems with the in-car video camera recording equipment or recording medium. Upon receiving notice, the District Commander or his or her designee shall make every reasonable effort to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle. (i) The Illinois State Police may promulgate rules to implement this amendatory Act of the 95th General Assembly only to the extent necessary to apply the existing rules or applicable internal directives.
(Source: P.A. 102-538, eff. 8-20-21.) |
(20 ILCS 2610/35) Sec. 35. Officer-worn body cameras; policy; training. (a) For the purposes of this Section, "officer-worn body camera" shall have the same meaning as defined in Section 10 of the Law Enforcement Officer-Worn Body Camera Act. (b) If the Illinois State Police employs the use of officer-worn body cameras, the Illinois State Police shall develop a written policy which must include, at a minimum, the guidelines established by the Law Enforcement Officer-Worn Body Camera Act. (c) The Illinois State Police shall provide training to those officers who utilize officer-worn body cameras.
(Source: P.A. 102-538, eff. 8-20-21.) |
(20 ILCS 2610/38) Sec. 38. Disposal of medications. The Illinois State Police may by rule authorize State Police officers to dispose of any unused medications under Section 18 of the Safe Pharmaceutical Disposal Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(20 ILCS 2610/40) Sec. 40. Training; administration of epinephrine. (a) This Section, along with Section 10.19 of the Illinois Police Training Act, may be referred to as the Annie LeGere Law. (b) For the purposes of this Section, "epinephrine auto-injector" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine into the human body prescribed in the name of the Illinois State Police. (c) The Illinois State Police may conduct or approve a training program for State Police officers to recognize and respond to anaphylaxis, including, but not limited to: (1) how to recognize symptoms of an allergic reaction; (2) how to respond to an emergency involving an | ||
| ||
(3) how to administer an epinephrine auto-injector; (4) how to respond to an individual with a known | ||
| ||
(5) a test demonstrating competency of the knowledge | ||
| ||
(6) other criteria as determined in rules adopted by | ||
| ||
(d) The Illinois State Police may authorize a State Police officer who has completed the training program under subsection (c) to carry, administer, or assist with the administration of epinephrine auto-injectors whenever he or she is performing official duties. (e) The Illinois State Police must establish a written policy to control the acquisition, storage, transportation, administration, and disposal of epinephrine auto-injectors before it allows any State Police officer to carry and administer epinephrine auto-injectors. (f) A physician, physician assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority may provide a standing protocol or prescription for epinephrine auto-injectors in the name of the Illinois State Police to be maintained for use when necessary. (g) When a State Police officer administers an epinephrine auto-injector in good faith, the officer and the Illinois State Police, and its employees and agents, including a physician, physician assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority who provides a standing order or prescription for an epinephrine auto-injector, incur no civil or professional liability, except for willful and wanton conduct, as a result of any injury or death arising from the use of an epinephrine auto-injector.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.) |
(20 ILCS 2610/40.1) Sec. 40.1. Mandated training compliance. The Director of the Illinois State Police and the Illinois State Police Academy shall ensure all Illinois State Police cadets and officers comply with all statutory, regulatory, and department mandated training. The Illinois State Police Academy shall maintain and store training records for Illinois State Police officers. (Source: P.A. 103-609, eff. 7-1-24.) |
(20 ILCS 2610/45) Sec. 45. Compliance with the Health Care Violence Prevention Act; training. The Illinois State Police shall comply with the Health Care Violence Prevention Act and shall provide an appropriate level of training for its officers concerning the Health Care Violence Prevention Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(20 ILCS 2610/46) Sec. 46. Officer Professional Conduct Database; reporting, transparency. (a) The Illinois State Police Merit Board shall be responsible for reporting all required information contained in the Officer Professional Conduct Database provided in Section 9.2 of the Illinois Police Training Act. (b) Before the Illinois State Police Merit Board certifies any Illinois State Police Cadet the Board shall conduct a search of all Illinois State Police Cadet applicants in the Officer Professional Conduct Database. (c) The database, documents, materials, or other information in the possession or control of the Board that are obtained by or disclosed to the Board pursuant to this subsection shall be confidential by law and privileged, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the Board is authorized to use such documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the Board's official duties. Unless otherwise required by law, the Board shall not disclose the database or make such documents, materials, or other information public without the prior written consent of the law enforcement agency and the law enforcement officer. The Board nor any person who received documents, materials or other information shared pursuant to this subsection shall be required to testify in any private civil action concerning the database or any confidential documents, materials, or information subject to this subsection.
Nothing in this Section shall exempt a law enforcement agency from which the Board has obtained data, documents, materials, or other information or that has disclosed data, documents, materials, or other information to the Board from disclosing public records in accordance with the Freedom of Information Act.(Source: P.A. 102-694, eff. 1-7-22; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.) |