Rep. Christian L. Mitchell

Filed: 5/29/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1843

2    AMENDMENT NO. ______. Amend Senate Bill 1843 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Uniform Peace Officers' Disciplinary Act is
5amended by adding Section 7.5 as follows:
 
6    (50 ILCS 725/7.5 new)
7    Sec. 7.5. Commission on Police Professionalism.
8    (a) Recognizing the need to review performance standards
9governing the professionalism of law enforcement agencies and
10officers in the 21st century, the General Assembly hereby
11creates the Commission on Police Professionalism.
12    (b) The Commission on Police Professionalism shall be
13composed of the following members:
14        (1) one member of the Senate appointed by the President
15    of the Senate;
16        (2) one member of the Senate appointed by the Senate

 

 

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1    Minority Leader;
2        (3) one member of the House of Representatives
3    appointed by the Speaker of the House of Representatives;
4        (4) one member of the House of Representatives
5    appointed by the House Minority Leader;
6        (5) one active duty law enforcement officer who is a
7    member of a certified collective bargaining unit appointed
8    by the Governor;
9        (6) one active duty law enforcement officer who is a
10    member of a certified collective bargaining unit appointed
11    by the President of the Senate;
12        (7) one active duty law enforcement officer who is a
13    member of a certified collective bargaining unit appointed
14    by the Senate Minority Leader;
15        (8) one active duty law enforcement officer who is a
16    member of a certified collective bargaining unit appointed
17    by the Speaker of the House of Representatives;
18        (9) one active duty law enforcement officer who is a
19    member of a certified collective bargaining unit appointed
20    by the House Minority Leader;
21        (10) the Director of State Police, or his or her
22    designee;
23        (10.5) the Superintendent of the Chicago Police
24    Department or his or her designee;
25        (11) the Executive Director of the Law Enforcement
26    Training Standards Board, or his or her designee;

 

 

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1        (12) the Director of a statewide organization
2    representing Illinois sheriffs;
3        (13) the Director of a statewide organization
4    representing Illinois chiefs of police;
5        (14) the Director of a statewide fraternal
6    organization representing sworn law enforcement officers
7    in this State;
8        (15) the Director of a benevolent association
9    representing sworn police officers in this State;
10        (16) the Director of a fraternal organization
11    representing sworn law enforcement officers within the
12    City of Chicago; and
13        (17) the Director of a fraternal organization
14    exclusively representing sworn Illinois State Police
15    officers.
16    (c) The President of the Senate and the Speaker of the
17House of Representatives shall each appoint a joint chairperson
18to the Commission. The Law Enforcement Training Standards Board
19shall provide administrative support to the Commission.
20    (d) The Commission shall meet regularly to review the
21current training and certification process for law enforcement
22officers, review the duties of the various types of law
23enforcement officers, including auxiliary officers, review the
24standards for the issuance of badges, shields, and other police
25and agency identification, review officer-involved shooting
26investigation policies, review policies and practices

 

 

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1concerning the use of force and misconduct by law enforcement
2officers, and examine whether law enforcement officers should
3be licensed. For the purposes of this subsection (d), "badge"
4means an officer's department issued identification number
5associated with his or her position as a police officer with
6that Department.
7    (e) The Commission shall submit a report of its findings
8and legislative recommendations to the General Assembly and
9Governor on or before September 30, 2018.
10    (f) This Section is repealed on December 31, 2018.
 
11    Section 10. The State's Attorneys Appellate Prosecutor's
12Act is amended by changing Section 4.01 as follows:
 
13    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
14    Sec. 4.01. (a) The Office and all attorneys employed
15thereby may represent the People of the State of Illinois on
16appeal in all cases which emanate from a county containing less
17than 3,000,000 inhabitants, when requested to do so and at the
18direction of the State's Attorney, otherwise responsible for
19prosecuting the appeal, and may, with the advice and consent of
20the State's Attorney prepare, file and argue such appellate
21briefs in the Illinois Appellate Court and, when requested and
22authorized to do so by the Attorney General, in the Illinois
23Supreme Court.
24    (b) Notwithstanding the population restriction contained

 

 

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1in subsection (a), the The Office may also assist County
2State's Attorneys in the discharge of their duties under the
3Illinois Controlled Substances Act, the Cannabis Control Act,
4the Methamphetamine Control and Community Protection Act, the
5Drug Asset Forfeiture Procedure Act, the Narcotics Profit
6Forfeiture Act, and the Illinois Public Labor Relations Act,
7including negotiations conducted on behalf of a county or
8pursuant to an intergovernmental agreement as well as in the
9trial and appeal of said cases and of tax objections, and the
10counties which use services relating to labor relations shall
11reimburse the Office on pro-rated shares as determined by the
12board based upon the population and number of labor relations
13cases of the participating counties. In addition, the Office
14and all attorneys employed by the Office may also assist
15State's Attorneys in the discharge of their duties in the
16prosecution, trial, or hearing on post-conviction of other
17cases when requested to do so by, and at the direction of, the
18State's Attorney otherwise responsible for the case. In
19addition, the Office and all attorneys employed by the Office
20may act as Special Prosecutor if duly appointed to do so by a
21court having jurisdiction. To be effective, the order
22appointing the Office or its attorneys as Special Prosecutor
23must (i) identify the case and its subject matter and (ii)
24state that the Special Prosecutor serves at the pleasure of the
25Attorney General, who may substitute himself or herself as the
26Special Prosecutor when, in his or her judgment, the interest

 

 

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1of the people of the State so requires. Within 5 days after
2receiving a copy of an order from the court appointing the
3Office or any of its attorneys as a Special Prosecutor, the
4Office must forward a copy of the order to the Springfield
5office of the Attorney General.
6(Source: P.A. 97-1012, eff. 8-17-12.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".