(20 ILCS 2610/3)
(from Ch. 121, par. 307.3)
The Governor shall appoint, by and with the advice and consent of
the Senate, a Department of State Police Merit Board, hereinafter called
the Board, consisting of 5 members to hold office, one until the third
Monday in March, 1951, one until the third Monday in March, 1953, and
one until the third Monday in March, 1955, and until their respective
successors are appointed and qualified. One of the members added by this
amendatory Act of 1977 shall serve a term expiring on the third Monday
in March, 1980, and until his successor is appointed and qualified, and
one shall serve a term expiring on the third Monday in March, 1982, and
until his successor is appointed and qualified. Upon the expiration of
the terms of office of those first appointed, their respective
successors shall be appointed to hold office from the third Monday in
March of the year of their respective appointments for a term of six
years and until their successors are appointed and qualified for a like
term. No more than 3 members of the Board shall be affiliated with the
same political party. If the Senate is not in session at the time initial
appointments are made pursuant to this section, the Governor shall make
temporary appointments as in the case of a vacancy.
(Source: P.A. 87-284.)
(20 ILCS 2610/9)
(from Ch. 121, par. 307.9)
(a) Except as otherwise provided in this Section, the appointment of
Department of State Police officers shall be made from those applicants who
have been certified by the Board as being qualified for appointment. All
persons so appointed shall, at the time of their appointment, be not less than
21 years of age, or 20 years of age and have successfully completed 2 years of
law enforcement studies at an accredited college or university. Any person
appointed subsequent to successful completion of 2 years of such law
enforcement studies shall not have power of arrest, nor shall he be permitted
to carry firearms, until he reaches 21 years of age. In addition,
all persons so certified for appointment shall be of sound mind and body, be of
good moral character, be citizens of the United States, have no criminal
records, possess such prerequisites of training, education and experience as
the Board may from time to time prescribe, and shall be required to pass
successfully such mental and physical tests and examinations as may be
prescribed by the Board. Notwithstanding any Board rule to the contrary, all persons who meet one of the following requirements are deemed to have met the collegiate educational requirements:
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign Medal, Korean Defense Service Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War on Terrorism Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National
Guard or a reserve component of the United States Armed Forces and who have been awarded a Southwest Asia Service Medal, Kosovo Campaign Medal, Korean Defense Service Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, or Global War on Terrorism Expeditionary Medal as a result of honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent danger pay during deployment on active duty; or
(iv) have at least 3 years of full active and
continuous military duty and received an honorable discharge before hiring.
Preference shall be given in such appointments to
persons who have honorably served in the military or naval services of the
United States. All appointees shall serve a probationary period of 12 months
from the date of appointment and during that period may be discharged at the
will of the Director. However, the Director may in his or her sole discretion
extend the probationary period of an officer up to an additional 6 months when
to do so is deemed in the best interest of the Department.
(b) Notwithstanding the other provisions of this Act, after July 1,
1977 and before July 1, 1980, the Director of State Police may appoint and
promote not more than 20 persons having special qualifications as special
agents as he deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following the effective date of this amendatory Act
of 1995, the Director of State Police may appoint up to 25 persons as State
Police officers. These appointments shall be made in accordance with the
requirements of this subsection (c) and any additional criteria that may be
established by the Director, but are not subject to any other requirements of
this Act. The Director may specify the initial rank for each person appointed
under this subsection.
All appointments under this subsection (c) shall be made from personnel
certified by the Board. A person certified by the Board and appointed by the
Director under this subsection must have been employed by the Illinois Commerce
Commission on November 30, 1994 in a job title
subject to the Personnel Code and in a position for which the person was
eligible to earn "eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension Code.
Persons appointed under this subsection (c) shall thereafter be subject to
the same requirements and procedures as other State police officers. A person
appointed under this subsection must serve a probationary period of 12 months
from the date of appointment, during which he or she may be discharged at the
will of the Director.
This subsection (c) does not affect or limit the Director's authority to
appoint other State Police officers under subsection (a) of this Section.
(Source: P.A. 100-11, eff. 7-1-17.)
(20 ILCS 2610/14)
(from Ch. 121, par. 307.14)
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.
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,
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
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
transcript or electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
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
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.
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
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
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.
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.
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.
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
(Source: P.A. 96-891, eff. 5-10-10.)
(20 ILCS 2610/16)
(from Ch. 121, par. 307.16)
State policemen shall enforce the provisions of The Illinois
Vehicle Code, approved September 29, 1969, as amended,
and Article 9 of the "Illinois Highway Code" as amended; and shall patrol the
public highways and rural districts to make arrests for violations of the
provisions of such Acts. They are conservators of the peace and as such
have all powers possessed by policemen in cities, and sheriffs, except that
they may exercise such powers anywhere in this State. The State policemen
shall cooperate with the police of cities, villages and incorporated towns,
and with the police officers of any county, in enforcing the laws of the
State and in making arrests and recovering property. They may be equipped
with standardized and tested devices for weighing motor vehicles and may
stop and weigh, acting reasonably, or cause to be weighed, any motor
vehicle which appears to weigh in excess of the weight permitted by law. It
shall also be the duty of the State police to determine, whenever possible,
the person or persons or the causes responsible for the breaking or
destruction of any improved hard-surfaced roadway; to arrest all persons
criminally responsible for such breaking or destruction and bring them
before the proper officer for trial. The Department of State Police
shall divide the State into Districts and assign each district to one or
more policemen. No person employed under this Act, however, shall serve or
execute civil process, except for process issued under the authority of the
General Assembly, or a committee or commission thereof vested with subpoena
powers when the county sheriff refuses or fails to serve such process, and
except for process issued under the authority of the Illinois Department of Revenue.
(Source: P.A. 84-25.)
(20 ILCS 2610/30)
Patrol vehicles with in-car video recording cameras.
(a) Definitions. As used in this Section:
"Audio recording" means the recorded conversation
between an officer and a second party.
"Emergency lights" means oscillating, rotating, or
flashing lights on patrol vehicles.
"In-car video camera" means a video camera located in
a Department patrol vehicle.
"In-car video camera recording equipment" means a
video camera recording system located in a Department patrol vehicle consisting of a camera assembly, recording mechanism, and an in-car video recording medium.
"Enforcement stop" means an action by an officer of
the Department in relation to enforcement and investigation duties, including but not limited to, traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance.
"Recording" means the process of capturing data or
information stored on a recording medium as required under this Section.
"Recording medium" means any recording medium
authorized by the Department for the retention and playback of recorded audio and video including, but not limited to, VHS, DVD, hard drive, solid state, digital, or flash memory technology.
"Wireless microphone" means a devise worn by the
officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment.
(b) By June 1, 2009, the Department shall install in-car video camera recording equipment in all patrol vehicles. Subject to appropriation, all patrol vehicles shall be equipped with in-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more by June 1, 2011. In-car video camera recording equipment shall be capable of making audio recordings with the assistance of a wireless microphone.
(c) As of the effective date of this amendatory Act of the 95th General Assembly, in-car video camera recording equipment with a recording medium incapable of recording for a period of 10 hours or more shall record activities outside a patrol vehicle whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop; (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or (iii) an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose. As of the effective date of this amendatory Act of the 95th General Assembly, in-car video camera recording equipment with a recording medium incapable of recording for a period of 10 hours or more shall record activities inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose.
(1) Recording for an enforcement stop shall begin
when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement stop or the officer has left the scene.
(2) Recording shall begin when patrol vehicle
emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated.
(3) An officer may begin recording if the officer
reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and shall continue until the reason for recording ceases to exist.
(d) In-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more shall record activities whenever a patrol vehicle is assigned to patrol duty.
(e) Any enforcement stop resulting from a suspected violation of the Illinois Vehicle Code shall be video and audio recorded. Audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation.
(f) Recordings made on in-car video camera recording medium shall be retained by the Department for a storage period of at least 90 days. Under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use unless otherwise ordered by the District Commander or his or her designee or by a court, or if designated for evidentiary or training purposes.
(g) Audio or video recordings made pursuant to this Section shall be available under the applicable provisions of the Freedom of Information Act. Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying.
(h) The Department shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium. An officer operating a patrol vehicle must immediately document and notify the District Commander or his or her designee of any technical difficulties, failures, or problems with the in-car video camera recording equipment or recording medium. Upon receiving notice, the District Commander or his or her designee shall make every reasonable effort to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle.
(i) The Department may promulgate rules to implement this amendatory Act of the 95th General Assembly only to the extent necessary to apply the existing rules or applicable internal directives.
(Source: P.A. 95-1009, eff. 12-15-08.)
(20 ILCS 2610/40)
Training; administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois Police Training Act, may be referred to as the Annie LeGere Law.
(b) For the purposes of this Section, "epinephrine auto-injector" means a single-use device used for the automatic injection of a pre-measured dose of epinephrine into the human body prescribed in the name of the Department.
(c) The Department may conduct or approve a training program for State Police officers to recognize and respond to anaphylaxis, including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
(d) The Department may authorize a State Police officer who has completed the training program under subsection (c) to carry, administer, or assist with the administration of epinephrine auto-injectors whenever he or she is performing official duties.
(e) The Department must establish a written policy to control the acquisition, storage, transportation, administration, and disposal of epinephrine auto-injectors before it allows any State Police officer to carry and administer epinephrine auto-injectors.
(f) A physician, physician's assistant with prescriptive authority, or advanced practice registered nurse with prescriptive authority may provide a standing protocol or prescription for epinephrine auto-injectors in the name of the Department to be maintained for use when necessary.
(g) When a State Police officer administers epinephrine auto-injector in good faith, the officer and the Department, and its employees and agents, incur no liability, except for willful and wanton conduct, as a result of any injury or death arising from the use of an epinephrine auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17.)