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90_SB0397
65 ILCS 5/10-1-18.1 from Ch. 24, par. 10-1-18.1
Amends the Illinois Municipal Code. Requires the Police
Board, in municipalities with a population of 1,000,000 or
more, to prepare a written record of all of its findings and
decisions and the reasons for its findings and decisions.
Effective immediately.
LRB9001908DNcwA
LRB9001908DNcwA
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 10-1-18.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 10-1-18.1 as follows:
7 (65 ILCS 5/10-1-18.1) (from Ch. 24, par. 10-1-18.1)
8 Sec. 10-1-18.1. In any municipality of more than 500,000
9 population, no officer or employee of the police department
10 in the classified civil service of the municipality whose
11 appointment has become complete may be removed or discharged,
12 or suspended for more than 30 days except for cause upon
13 written charges and after an opportunity to be heard in his
14 own defense by the Police Board. Before any such officer or
15 employee may be interrogated or examined by or before any
16 disciplinary board, or departmental agent or investigator,
17 the results of which hearing, interrogation or examination
18 may be the basis for filing charges seeking his removal or
19 discharge, he must be advised in writing as to what specific
20 improper or illegal act he is alleged to have committed; he
21 must be advised in writing that his admissions made in the
22 course of the hearing, interrogation or examination may be
23 used as the basis for charges seeking his removal or
24 discharge; and he must be advised in writing that he has the
25 right to counsel of his own choosing present to advise him at
26 any hearing, interrogation or examination; and a complete
27 record of any hearing, interrogation or examination shall be
28 made and a complete transcript thereof made available to such
29 officer or employee without charge and without delay.
30 Upon the filing of charges for which removal or
31 discharge, or suspension of more than 30 days is recommended
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1 a hearing before the Police Board shall be held. If the
2 charge is based upon an allegation of the use of unreasonable
3 force by a police officer, the charge must be brought within
4 5 years after the commission of the act upon which the charge
5 is based. The statute of limitations established in this
6 Section 10-1-18.1 shall apply only to acts of unreasonable
7 force occurring on or after the effective date of this
8 amendatory Act of 1992.
9 The Police Board shall establish rules of procedure not
10 inconsistent with this Section respecting notice of charges
11 and the conduct of the hearings before the Police Board, or
12 before any member thereof appointed by the Police Board to
13 hear the charges. The Police Board, or any member thereof, is
14 not bound by formal or technical rules of evidence, but
15 hearsay evidence is inadmissible. The person against whom
16 charges have been filed may appear before the Police Board or
17 any member thereof, as the case may be, with counsel of his
18 own choice and defend himself; shall have the right to be
19 confronted by his accusers; may cross-examine any witness
20 giving evidence against him; and may by counsel present
21 witnesses and evidence in his own behalf.
22 The Police Board or any member thereof designated by it,
23 may administer oaths and secure by its subpoena both the
24 attendance and testimony of witnesses and the production of
25 relevant books and papers. All proceedings before the Police
26 Board or member thereof shall be recorded. No continuance may
27 be granted after a hearing has begun unless all parties to
28 the hearing agree thereto. The findings and decision of the
29 Police Board, when approved by the Board, shall be certified
30 to the superintendent and shall forthwith be enforced by the
31 superintendent.
32 A majority of the members of the Police Board must concur
33 in the entry of any disciplinary recommendation or action. In
34 municipalities with a population of 1,000,000 or more, the
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1 Police Board shall prepare a written record of all of its
2 findings and decisions and the reasons for its findings and
3 decisions.
4 Nothing in this Section limits the power of the
5 superintendent to suspend a subordinate for a reasonable
6 period, not exceeding 30 days.
7 Commencing on January 1, 1993, each board or other entity
8 responsible for determining whether or not to file a charge
9 shall, no later than December 31 of each year, publish a
10 status report on its investigations of allegations of
11 unreasonable force. At a minimum, the status report shall
12 include the following information:
13 (1) the number of police officers against whom an
14 allegation of unreasonable force was made;
15 (2) the number of allegations of unreasonable force
16 made against each such police officer;
17 (3) the number of police officers against whom
18 disciplinary charges were filed on the basis of
19 allegations of unreasonable force;
20 (4) a listing of investigations of allegations of
21 unreasonable force pending as of the date of the report,
22 together with the dates on which such allegations were
23 made; and
24 (5) a listing of allegations of unreasonable force
25 for which the board has determined not to file charges.
26 These status reports shall not disclose the identity of
27 any witness or victim, nor shall they disclose the
28 identity of any police officer who is the subject of an
29 allegation of unreasonable force against whom a charge
30 has not been filed. The information underlying these
31 status reports shall be confidential and exempt from
32 public inspection and copying, as provided under Section
33 7 of the Freedom of Information Act.
34 (Source: P.A. 87-1239.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.