Public Act 095-0293
 		





HB0539 Enrolled
LRB095 07261 HLH 27398 b






    AN ACT concerning local government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Uniform Peace Officers' Disciplinary Act is 
amended  by changing Section 2 as follows:
 



    (50 ILCS 725/2)  (from Ch. 85, par. 2552)



    Sec. 2. For the purposes of this Act, unless clearly 
required otherwise,
the terms defined in this Section have the 
meaning ascribed herein:

    (a) "Officer" means any peace officer, as defined by 
Section 2-13 of the
Criminal Code of 1961, as now or hereafter 
amended, who is employed by
any unit of local government or a 
State college or university, including
supervisory and command 
personnel,
and any pay-grade investigator for the Secretary of 
State as
defined in Section 14-110 of the Illinois Pension 
Code, not including
Secretary of State sergeants, lieutenants, 
commanders, and
or investigator
trainees.  The term does not 
include crossing guards, parking enforcement
personnel, 
traffic wardens or employees of any State's Attorney's office.

    (b) "Informal inquiry" means a meeting by supervisory or 
command personnel
with an officer 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 an officer is intended
to gather evidence of 
misconduct which may be the basis for filing charges
seeking 
his or her removal, discharge or suspension in excess of 3 
days.

    (d) "Interrogation" means the questioning of an officer 
pursuant to
the formal investigation procedures of the 
respective State agency or local
governmental unit in 
connection with an alleged violation of such agency's
or 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 (1) as part of an informal inquiry or (2) 
relating to minor
infractions of agency rules which may be 
noted on the officer's record but
which may not in themselves 
result in removal, discharge or suspension in
excess of 3 days.

    (e) "Administrative proceeding" means any non-judicial 
hearing which is
authorized to recommend, approve or order the 
suspension, removal, or
discharge of an officer.

(Source: P.A. 90-577, eff. 1-1-99.)






Effective Date:  1/1/2008