102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3611

 

Introduced 2/22/2021, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 315/20  from Ch. 48, par. 1620
20 ILCS 2610/14  from Ch. 121, par. 307.14
50 ILCS 725/3.8  from Ch. 85, par. 2561

    Amends the Illinois Public Labor Relations Act. Provides that on or after the effective date of the amendatory Act, any provision in a collective bargaining agreement that would limit the ability of a public employer to investigate the conduct of an employee of the public employer is declared to be against public policy and unenforceable unless the limitation is otherwise required by State or federal law. Amends the State Police Act. Provides that the Illinois State Police shall adopt a procedure to bypass the requirement that a complaint must be supported by a sworn affidavit against an Illinois State Police Officer. Amends the Uniform Peace Officers' Disciplinary Act. Provides that every unit of local government with a law enforcement agency, and every law enforcement agency not part of a unit of local government, shall establish procedures to bypass the requirement that the complaint must be supported by a sworn affidavit against a sworn peace officer.


LRB102 03795 RLC 13808 b

 

 

A BILL FOR

 

HB3611LRB102 03795 RLC 13808 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 20 as follows:
 
6    (5 ILCS 315/20)  (from Ch. 48, par. 1620)
7    Sec. 20. Prohibitions.
8    (a) Nothing in this Act shall be construed to require an
9individual employee to render labor or service without his
10consent, nor shall anything in this Act be construed to make
11the quitting of his labor by an individual employee an illegal
12act; nor shall any court issue any process to compel the
13performance by an individual employee of such labor or
14service, without his consent; nor shall the quitting of labor
15by an employee or employees in good faith because of
16abnormally dangerous conditions for work at the place of
17employment of such employee be deemed a strike under this Act.
18    (b) This Act shall not be applicable to units of local
19government employing less than 5 employees at the time the
20Petition for Certification or Representation is filed with the
21Board. This prohibition shall not apply to bargaining units in
22existence on the effective date of this Act and units of local
23government employing more than 5 employees where the total

 

 

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1number of employees falls below 5 after the Board has
2certified a bargaining unit.
3    (c) On or after the effective date of this amendatory Act
4of the 102nd General Assembly, any provision in a collective
5bargaining agreement that would limit the ability of a public
6employer to investigate the conduct of an employee of the
7public employer is declared to be against public policy and
8unenforceable unless the limitation is otherwise required by
9State or federal law.
10(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05;
1194-67, eff. 1-1-06.)
 
12    Section 10. The State Police Act is amended by changing
13Section 14 as follows:
 
14    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
15    Sec. 14. Except as is otherwise provided in this Act, no
16Department of State Police officer shall be removed, demoted
17or suspended except for cause, upon written charges filed with
18the Board by the Director and a hearing before the Board
19thereon upon not less than 10 days' notice at a place to be
20designated by the chairman thereof. At such hearing, the
21accused shall be afforded full opportunity to be heard in his
22or her own defense and to produce proof in his or her defense.
23Anyone filing a complaint against a State Police Officer must
24have the complaint supported by a sworn affidavit. The

 

 

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1Illinois State Police shall adopt a procedure to bypass the
2requirement that a complaint must be supported by a sworn
3affidavit against an Illinois State Police Officer. Any such
4complaint, having been supported by a sworn affidavit, and
5having been found, in total or in part, to contain false
6information, shall be presented to the appropriate State's
7Attorney for a determination of prosecution.
8    Before any such officer may be interrogated or examined by
9or before the Board, or by a departmental agent or
10investigator specifically assigned to conduct an internal
11investigation, the results of which hearing, interrogation or
12examination may be the basis for filing charges seeking his or
13her suspension for more than 15 days or his or her removal or
14discharge, he or she shall be advised in writing as to what
15specific improper or illegal act he or she is alleged to have
16committed; he or she shall be advised in writing that his or
17her admissions made in the course of the hearing,
18interrogation or examination may be used as the basis for
19charges seeking his or her suspension, removal or discharge;
20and he or she shall be advised in writing that he or she has a
21right to counsel of his or her choosing, who may be present to
22advise him or her at any hearing, interrogation or
23examination. A complete record of any hearing, interrogation
24or examination shall be made, and a complete transcript or
25electronic recording thereof shall be made available to such
26officer without charge and without delay.

 

 

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1    The Board shall have the power to secure by its subpoena
2both the attendance and testimony of witnesses and the
3production of books and papers in support of the charges and
4for the defense. Each member of the Board or a designated
5hearing officer shall have the power to administer oaths or
6affirmations. If the charges against an accused are
7established by a preponderance of evidence, the Board shall
8make a finding of guilty and order either removal, demotion,
9suspension for a period of not more than 180 days, or such
10other disciplinary punishment as may be prescribed by the
11rules and regulations of the Board which, in the opinion of the
12members thereof, the offense merits. Thereupon the Director
13shall direct such removal or other punishment as ordered by
14the Board and if the accused refuses to abide by any such
15disciplinary order, the Director shall remove him or her
16forthwith.
17    If the accused is found not guilty or has served a period
18of suspension greater than prescribed by the Board, the Board
19shall order that the officer receive compensation for the
20period involved. The award of compensation shall include
21interest at the rate of 7% per annum.
22    The Board may include in its order appropriate sanctions
23based upon the Board's rules and regulations. If the Board
24finds that a party has made allegations or denials without
25reasonable cause or has engaged in frivolous litigation for
26the purpose of delay or needless increase in the cost of

 

 

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1litigation, it may order that party to pay the other party's
2reasonable expenses, including costs and reasonable attorney's
3fees. The State of Illinois and the Department shall be
4subject to these sanctions in the same manner as other
5parties.
6    In case of the neglect or refusal of any person to obey a
7subpoena issued by the Board, any circuit court, upon
8application of any member of the Board, may order such person
9to appear before the Board and give testimony or produce
10evidence, and any failure to obey such order is punishable by
11the court as a contempt thereof.
12    The provisions of the Administrative Review Law, and all
13amendments and modifications thereof, and the rules adopted
14pursuant thereto, shall apply to and govern all proceedings
15for the judicial review of any order of the Board rendered
16pursuant to the provisions of this Section.
17    Notwithstanding the provisions of this Section, a policy
18making officer, as defined in the Employee Rights Violation
19Act, of the Department of State Police shall be discharged
20from the Department of State Police as provided in the
21Employee Rights Violation Act, enacted by the 85th General
22Assembly.
23(Source: P.A. 96-891, eff. 5-10-10.)
 
24    Section 15. The Uniform Peace Officers' Disciplinary Act
25is amended by changing Section 3.8 as follows:
 

 

 

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1    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
2    Sec. 3.8. Admissions; counsel; verified complaint.
3    (a) No officer shall be interrogated without first being
4advised in writing that admissions made in the course of the
5interrogation may be used as evidence of misconduct or as the
6basis for charges seeking suspension, removal, or discharge;
7and without first being advised in writing that he or she has
8the right to counsel of his or her choosing who may be present
9to advise him or her at any stage of any interrogation.
10    (b) Anyone filing a complaint against a sworn peace
11officer must have the complaint supported by a sworn
12affidavit. Every unit of local government with a law
13enforcement agency, and every law enforcement agency not part
14of a unit of local government, shall establish procedures to
15bypass the requirement that the complaint must be supported by
16a sworn affidavit against a sworn peace officer. Any
17complaint, having been supported by a sworn affidavit, and
18having been found, in total or in part, to contain knowingly
19false material information, shall be presented to the
20appropriate State's Attorney for a determination of
21prosecution.
22(Source: P.A. 97-472, eff. 8-22-11.)