Illinois General Assembly - Full Text of HB0221
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Full Text of HB0221  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Christian L. Mitchell


New Act

    Creates the Investigation and Review of Deaths Involving Officers Act. Requires law enforcement agencies to have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that agency. Allows law enforcement agencies to conduct internal investigations into officer-involved deaths, as long as they do not interfere with other investigations under this Act. Requires release of investigation reports to the public if no charges are filed against the officer. Provides for compensation through intergovernmental or interagency agreements for participation in an investigation of an officer-involved death. Defines "law enforcement agency", "law enforcement officer", and "officer-involved death".

LRB099 03973 RJF 23990 b





HB0221LRB099 03973 RJF 23990 b

1    AN ACT concerning officer-involved deaths.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Investigation and Review of Deaths Involving Officers Act.
6    Section 5. Definitions.
7    "Law enforcement agency" means an agency of this State or
8unit of local government which is vested by law or ordinance
9with the duty to maintain public order and to enforce criminal
10laws or ordinances.
11    "Law enforcement officer" or "officer" means any person
12employed by this State, or by a county, municipality, or
13township of this State, as a policeman, peace officer, or in
14some like position involving the enforcement of the law and
15protection of the public interest at the risk of that person's
17    "Officer-involved death" means any death of an individual
18that results directly from an action or an omission of a law
19enforcement officer while the officer is on duty or while the
20officer is off duty, but performing activities that are within
21the scope of his or her law enforcement duties.
22    Section 10. Written policy.



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1    (a) Each law enforcement agency shall have a written policy
2regarding the investigation of officer-involved deaths that
3involve a law enforcement officer employed by that agency. The
4written policy shall require the following:
5        (1) An investigation conducted by at least 2
6    investigators, or an entity or agency comprised of at least
7    2 investigators, one of whom is the lead investigator and
8    neither of whom is employed by a law enforcement agency
9    that employs a law enforcement officer involved in the
10    officer-involved death.
11        (2) The investigators conducting the investigation
12    shall, in an expeditious manner, provide a complete report
13    to the State's Attorney of the county in which the
14    officer-involved death occurred.
15        (3) If the officer-involved death is traffic-related,
16    the investigation shall use an accident reconstruction
17    unit from a law enforcement agency that does not employ a
18    law enforcement officer involved in the officer-involved
19    death under investigation.
20        (4) If the State's Attorney determines there is no
21    basis to prosecute the law enforcement officer involved in
22    the officer-involved death, the investigators shall
23    publicly release a report.
24    Section 15. Intra-agency investigations.
25    (a) This Act shall not prohibit any law enforcement agency



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1from conducting an internal investigation into the
2officer-involved death if the internal investigation does not
3interfere with the investigation conducted according to the
4policy under Section 10 of this Act.
5    (b) Compensation for participation in an investigation of
6an officer-involved death may be determined in an
7intergovernmental or interagency agreement.