97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1243

 

Introduced 2/8/2011, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 725/3.8  from Ch. 85, par. 2561

    Amends the Uniform Peace Officers' Disciplinary Act. Requires that any sworn complaint against a peace officer that contains false information shall be presented to the appropriate State's Attorney for a determination of prosecution. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1243LRB097 07134 KMW 47235 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Uniform Peace Officers' Disciplinary Act is
5amended by changing Section 3.8 as follows:
 
6    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
7    Sec. 3.8. Admissions; counsel; verified complaint.
8    (a) No officer shall be interrogated without first being
9advised in writing that admissions made in the course of the
10interrogation may be used as evidence of misconduct or as the
11basis for charges seeking suspension, removal, or discharge;
12and without first being advised in writing that he or she has
13the right to counsel of his or her choosing who may be present
14to advise him or her at any stage of any interrogation.
15    (b) Anyone filing a complaint against a sworn peace officer
16must have the complaint supported by a sworn affidavit. Any
17complaint, having been supported by a sworn affidavit, and
18having been found, in total or in part, to contain false
19information, shall be presented to the appropriate State's
20Attorney for a determination of prosecution.
21(Source: P.A. 93-592, eff. 1-1-04.)
 
22    Section 99. Effective date. This Act takes effect upon

 

 

SB1243- 2 -LRB097 07134 KMW 47235 b

1becoming law.