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| Public Act 096-0891 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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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.
Any such complaint, | ||||
having been supported by a sworn affidavit, and having been | ||||
found, in total or in part, to contain false information, shall | ||||
be presented to the appropriate State's Attorney for a | ||||
determination of prosecution.
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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 | ||
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. 94-217, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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