Public Act 094-0188
 
HB1402 Enrolled LRB094 07110 AJO 37255 b

    AN ACT in relation to fire fighters.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Firemen's Disciplinary Act is amended by
changing Sections 2 and 3.2 as follows:
 
    (50 ILCS 745/2)  (from Ch. 85, par. 2502)
    Sec. 2. For the purposes of this Act, unless clearly
required otherwise, the terms defined in this Section have the
meaning ascribed herein:
    (a) "Fireman" means a person who is a "firefighter" or
"fireman" as defined in Sections 4-106 or 6-106 of the Illinois
Pension Code, and includes a person who is an "employee" as
defined in Section 15-107 of the Illinois Pension Code and
whose primary duties relate to firefighting.
    (b) "Informal inquiry" means a meeting by supervisory or
command personnel with a fireman upon whom an allegation of
misconduct has come to the attention of such supervisory or
command personnel, the purpose of which meeting is to mediate a
citizen complaint or discuss the facts to determine whether a
formal investigation should be commenced.
    (c) "Formal investigation" means the process of
investigation ordered by a commanding officer during which the
questioning of a fireman is intended to gather evidence of
misconduct which may be the basis for filing charges seeking
his or her removal, discharge, or suspension from duty in
excess of 24 duty 72 hours.
    (d) "Interrogation" means the questioning of a fireman
pursuant to an investigation initiated by the respective State
or local governmental unit in connection with an alleged
violation of such unit's rules which may be the basis for
filing charges seeking his or her suspension, removal, or
discharge. The term does not include questioning as part of an
informal inquiry as to allegations of misconduct relating to
minor infractions of agency rules which may be noted on the
fireman's record but which may not in themselves result in
removal, discharge, or suspension from duty in excess of 24
duty 72 hours.
    (e) "Administrative proceeding" means any non-judicial
hearing which is authorized to recommend, approve or order the
suspension, removal, or discharge of a fireman.
(Source: P.A. 85-606.)
 
    (50 ILCS 745/3.2)  (from Ch. 85, par. 2505)
    Sec. 3.2. No fireman shall be subjected to questioning in
relation to an allegation of misconduct without first being
informed in writing of the allegations and whether the
allegations, if proven, involve minor infractions or may result
in removal, discharge, or suspension from duty in excess of 24
duty 72 hours. If an administrative proceeding is instituted,
the fireman shall be informed beforehand of the names of all
complainants and all information necessary to reasonably
apprise the fireman of the nature of the charges and the
preparation of a defense.
(Source: P.A. 85-606.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/12/2005