SB0071 99TH GENERAL ASSEMBLY

LRB099 04077 JWD 24096 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0071

Introduced 1/28/2015, by Sen. Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

New Act

Creates the Law Enforcement Officer-Involved Death Review Act. Provides that each law enforcement agency shall adopt a policy regarding the investigation of law enforcement officer-involved deaths. Provides policy requirements, investigator qualifications, and compensation. Provides for the publication of reports of investigations when the law enforcement officer involved in the death that was investigated is not indicted for or charged with a criminal offense. Defines terms. Effective immediately.

A BILL FOR

AN ACT concerning public safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Law Enforcement Officer-Involved Death Review Act.

Section 5. Definitions. As used in this Act:

"Law enforcement agency" or "agency" means an agency of this State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.

"Law enforcement officer" or "officer" means any officer, agent, or employee of this State or a unit of local government authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise accused persons or sentenced criminal offenders.

"Law enforcement officer-involved death" or "officer-involved death" means a death of an individual that results directly from an action or an omission of a law enforcement officer while the law enforcement officer is on duty, or otherwise acting within the scope of his or her employment, or while the law enforcement officer is off duty but performing activities in his or her capacity as a law enforcement officer or that would otherwise be within the scope of his or her duties as a law enforcement officer.

Section 10. Policy; requirements.

(a) Each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths involving law enforcement officers employed by that law enforcement agency.

(b) Each investigation shall be conducted by at least 2 investigators. The lead investigator shall be certified by the Illinois Law Enforcement Training and Standards Board as a Lead Homicide Investigator. No investigator involved in the investigation may be employed by the law enforcement agency that employed the officer involved in the officer-involved death.

(c) In addition to the requirements of subsection (b) of this Section, if the officer-involved death being investigated involves a motor vehicle collision, at least one investigator shall be certified by the Illinois Law Enforcement Training and Standards Board as a Crash Reconstruction Specialist. Notwithstanding the requirements of subsection (b) of this Section, the policy for a State law enforcement agency, when the officer-involved death being investigated involves a motor vehicle collision, may allow the use of an investigator who is employed by that State law enforcement agency and who is certified by the Illinois Law Enforcement Training and Standards Board as a Crash Reconstruction Specialist.

(d) A policy may allow the law enforcement agency to conduct its own internal investigation into the officer-involved death, provided that the internal investigation does not interfere with the investigation conducted under this Act.

Section 15. Compensation. Compensation for service provided to an investigation under this Act shall be determined by the law enforcement agencies involved, and may be determined in a manner consistent with existing mutual aid agreements or other intergovernmental agreements.

Section 20. Reports; publication.

(a) Investigators conducting an investigation under this Act shall, in an expeditious manner, provide a complete report to the State's Attorney of the county in which the officer-involved death occurred.

(b) If the case is presented to a grand jury, the investigators shall provide a complete report to the grand jury of their findings, and shall be available to testify before the grand jury as the grand jury may direct by subpoena or otherwise. If the grand jury does not indict the law enforcement officer involved in the officer-related death, notwithstanding any provision of law to the contrary, the investigators shall promptly release to the public the report of their investigation.

(c) If the case is not presented to a grand jury and the State's Attorney determines there is no basis upon which to charge the law enforcement officer involved in the officer-involved death, notwithstanding any provision of law to the contrary, the investigators shall promptly release to the public the report of their investigation.

Section 99. Effective date. This Act takes effect upon becoming law.