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Public Act 094-0217
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| HB2242 Enrolled |
LRB094 03279 RCE 33280 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The State Police Act is amended by changing |
Section 14 as follows:
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(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
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Sec. 14. Except as is otherwise provided in this Act, no |
Department of
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. Anyone filing a |
complaint against a State Police Officer must have the |
complaint supported by a sworn affidavit.
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Before any such officer may be interrogated or examined by |
or before the
Board, or by a departmental 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
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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
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transcript or electronic recording thereof shall be made |
available to such
officer without charge and without delay.
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The Board shall have the power to secure by its subpoena
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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
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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.
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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.
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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
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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 Department shall be subject |
to these sanctions in the same
manner as other parties.
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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 |
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the court as a contempt thereof.
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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.
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Notwithstanding the provisions of this Section, a policy |
making
officer, as defined in the Employee Rights Violation |
Act, of the Department
of State Police shall be discharged from |
the Department of State Police as
provided in the Employee |
Rights Violation Act, enacted by the 85th General
Assembly.
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(Source: P.A. 89-306, eff. 1-1-96.)
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