Full Text of HB0539 95th General Assembly
HB0539 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0539
Introduced 2/1/2007, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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50 ILCS 725/2 |
from Ch. 85, par. 2552 |
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Amends the Uniform Peace Officers' Disciplinary Act. Provides that Secretary of State sergeants, lieutenants, commanders, and investigator
trainees are included in the definition of "officer".
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0539 |
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LRB095 07261 HLH 27398 b |
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| AN ACT concerning local 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 Uniform Peace Officers' Disciplinary Act is | 5 |
| amended by changing Section 2 as follows:
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| (50 ILCS 725/2) (from Ch. 85, par. 2552)
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| Sec. 2. For the purposes of this Act, unless clearly | 8 |
| required otherwise,
the terms defined in this Section have the | 9 |
| meaning ascribed herein:
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| (a) "Officer" means any peace officer, as defined by | 11 |
| Section 2-13 of the
Criminal Code of 1961, as now or hereafter | 12 |
| amended, who is employed by
any unit of local government or a | 13 |
| State college or university, including
supervisory and command | 14 |
| personnel,
and any pay-grade investigator for the Secretary of | 15 |
| State as
defined in Section 14-110 of the Illinois Pension | 16 |
| Code, not including
Secretary of State sergeants, lieutenants, | 17 |
| commanders , and
or investigator
trainees. The term does not | 18 |
| include crossing guards, parking enforcement
personnel, | 19 |
| traffic wardens or employees of any State's Attorney's office.
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| (b) "Informal inquiry" means a meeting by supervisory or | 21 |
| command personnel
with an officer upon whom an allegation of | 22 |
| misconduct has come to the attention
of such supervisory or | 23 |
| command personnel, the purpose of which meeting is
to mediate a |
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HB0539 |
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LRB095 07261 HLH 27398 b |
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| citizen complaint or discuss the facts to determine whether
a | 2 |
| formal investigation should be commenced.
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| (c) "Formal investigation" means the process of | 4 |
| investigation ordered
by a commanding officer during which the | 5 |
| questioning of an officer is intended
to gather evidence of | 6 |
| misconduct which may be the basis for filing charges
seeking | 7 |
| his or her removal, discharge or suspension in excess of 3 | 8 |
| days.
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| (d) "Interrogation" means the questioning of an officer | 10 |
| pursuant to
the formal investigation procedures of the | 11 |
| respective State agency or local
governmental unit in | 12 |
| connection with an alleged violation of such agency's
or unit's | 13 |
| rules which may be the basis for filing charges seeking his or
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| her suspension, removal, or discharge. The term does not | 15 |
| include
questioning (1) as part of an informal inquiry or (2) | 16 |
| relating to minor
infractions of agency rules which may be | 17 |
| noted on the officer's record but
which may not in themselves | 18 |
| result in removal, discharge or suspension in
excess of 3 days.
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| (e) "Administrative proceeding" means any non-judicial | 20 |
| hearing which is
authorized to recommend, approve or order the | 21 |
| suspension, removal, or
discharge of an officer.
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| (Source: P.A. 90-577, eff. 1-1-99.)
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