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Public Act 100-0319


 

Public Act 0319 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0319
 
SB1843 EnrolledLRB100 09946 AWJ 20117 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 adding Section 7.5 as follows:
 
    (50 ILCS 725/7.5 new)
    Sec. 7.5. Commission on Police Professionalism.
    (a) Recognizing the need to review performance standards
governing the professionalism of law enforcement agencies and
officers in the 21st century, the General Assembly hereby
creates the Commission on Police Professionalism.
    (b) The Commission on Police Professionalism shall be
composed of the following members:
        (1) one member of the Senate appointed by the President
    of the Senate;
        (2) one member of the Senate appointed by the Senate
    Minority Leader;
        (3) one member of the House of Representatives
    appointed by the Speaker of the House of Representatives;
        (4) one member of the House of Representatives
    appointed by the House Minority Leader;
        (5) one active duty law enforcement officer who is a
    member of a certified collective bargaining unit appointed
    by the Governor;
        (6) one active duty law enforcement officer who is a
    member of a certified collective bargaining unit appointed
    by the President of the Senate;
        (7) one active duty law enforcement officer who is a
    member of a certified collective bargaining unit appointed
    by the Senate Minority Leader;
        (8) one active duty law enforcement officer who is a
    member of a certified collective bargaining unit appointed
    by the Speaker of the House of Representatives;
        (9) one active duty law enforcement officer who is a
    member of a certified collective bargaining unit appointed
    by the House Minority Leader;
        (10) the Director of State Police, or his or her
    designee;
        (10.5) the Superintendent of the Chicago Police
    Department, or his or her designee;
        (11) the Executive Director of the Law Enforcement
    Training Standards Board, or his or her designee;
        (12) the Director of a statewide organization
    representing Illinois sheriffs;
        (13) the Director of a statewide organization
    representing Illinois chiefs of police;
        (14) the Director of a statewide fraternal
    organization representing sworn law enforcement officers
    in this State;
        (15) the Director of a benevolent association
    representing sworn police officers in this State;
        (16) the Director of a fraternal organization
    representing sworn law enforcement officers within the
    City of Chicago; and
        (17) the Director of a fraternal organization
    exclusively representing sworn Illinois State Police
    officers.
    (c) The President of the Senate and the Speaker of the
House of Representatives shall each appoint a joint chairperson
to the Commission. The Law Enforcement Training Standards Board
shall provide administrative support to the Commission.
    (d) The Commission shall meet regularly to review the
current training and certification process for law enforcement
officers, review the duties of the various types of law
enforcement officers, including auxiliary officers, review the
standards for the issuance of badges, shields, and other police
and agency identification, review officer-involved shooting
investigation policies, review policies and practices
concerning the use of force and misconduct by law enforcement
officers, and examine whether law enforcement officers should
be licensed. For the purposes of this subsection (d), "badge"
means an officer's department issued identification number
associated with his or her position as a police officer with
that Department.
    (e) The Commission shall submit a report of its findings
and legislative recommendations to the General Assembly and
Governor on or before September 30, 2018.
    (f) This Section is repealed on December 31, 2018.
 
    Section 10. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Section 4.01 as follows:
 
    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
    Sec. 4.01. (a) The Office and all attorneys employed
thereby may represent the People of the State of Illinois on
appeal in all cases which emanate from a county containing less
than 3,000,000 inhabitants, when requested to do so and at the
direction of the State's Attorney, otherwise responsible for
prosecuting the appeal, and may, with the advice and consent of
the State's Attorney prepare, file and argue such appellate
briefs in the Illinois Appellate Court and, when requested and
authorized to do so by the Attorney General, in the Illinois
Supreme Court.
    (b) Notwithstanding the population restriction contained
in subsection (a), the The Office may also assist County
State's Attorneys in the discharge of their duties under the
Illinois Controlled Substances Act, the Cannabis Control Act,
the Methamphetamine Control and Community Protection Act, the
Drug Asset Forfeiture Procedure Act, the Narcotics Profit
Forfeiture Act, and the Illinois Public Labor Relations Act,
including negotiations conducted on behalf of a county or
pursuant to an intergovernmental agreement as well as in the
trial and appeal of said cases and of tax objections, and the
counties which use services relating to labor relations shall
reimburse the Office on pro-rated shares as determined by the
board based upon the population and number of labor relations
cases of the participating counties. In addition, the Office
and all attorneys employed by the Office may also assist
State's Attorneys in the discharge of their duties in the
prosecution, trial, or hearing on post-conviction of other
cases when requested to do so by, and at the direction of, the
State's Attorney otherwise responsible for the case. In
addition, the Office and all attorneys employed by the Office
may act as Special Prosecutor if duly appointed to do so by a
court having jurisdiction. To be effective, the order
appointing the Office or its attorneys as Special Prosecutor
must (i) identify the case and its subject matter and (ii)
state that the Special Prosecutor serves at the pleasure of the
Attorney General, who may substitute himself or herself as the
Special Prosecutor when, in his or her judgment, the interest
of the people of the State so requires. Within 5 days after
receiving a copy of an order from the court appointing the
Office or any of its attorneys as a Special Prosecutor, the
Office must forward a copy of the order to the Springfield
office of the Attorney General.
(Source: P.A. 97-1012, eff. 8-17-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2017