Illinois General Assembly - Full Text of HB0576
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Full Text of HB0576  93rd General Assembly

HB0576sam001 93rd General Assembly


093_HB0576sam001











                                     LRB093 05579 RLC 19748 a

 1                     AMENDMENT TO HOUSE BILL 576

 2        AMENDMENT NO.     .  Amend House Bill  576  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to police officers."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  If and only if Senate Bill 472 of  the  93rd
 8    General   Assembly   becomes  law  by  the  override  of  the
 9    Governor's amendatory veto, the Illinois Police Training  Act
10    is amended by changing Section 6.1 as follows:

11        (50 ILCS 705/6.1)
12        Sec.  6.1.  Decertification  of  full-time  and part-time
13    police officers.
14        (a)  The Board must review  police  officer  conduct  and
15    records  to  ensure  that  no  police officer is certified or
16    provided a valid waiver  if  that  police  officer  has  been
17    convicted of a felony offense under the laws of this State or
18    any  other  state  which  if committed in this State would be
19    punishable as a felony. The Board must also  ensure  that  no
20    police  officer  is  certified  or provided a valid waiver if
21    that police officer  has  been  convicted  on  or  after  the
 
                            -2-      LRB093 05579 RLC 19748 a
 1    effective  date  of  this  amendatory  Act  of  1999  of  any
 2    misdemeanor  specified in this Section or if committed in any
 3    other state would be an  offense  similar  to  Section  11-6,
 4    11-9.1,  11-14,  11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
 5    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the  Criminal
 6    Code  of  1961 or to Section 5 or 5.2 of the Cannabis Control
 7    Act. The Board must  appoint  investigators  to  enforce  the
 8    duties conferred upon the Board by this Act.
 9        (b)  It is the responsibility of the sheriff or the chief
10    executive  officer  of  every local law enforcement agency or
11    department within this State  to  report  to  the  Board  any
12    arrest or conviction of any officer for an offense identified
13    in this Section.
14        (c)  It is the duty and responsibility of every full-time
15    and  part-time  police officer in this State to report to the
16    Board within 30 days, and  the  officer's  sheriff  or  chief
17    executive  officer, of his or her arrest or conviction for an
18    offense  identified  in  this  Section.  Any   full-time   or
19    part-time police officer who knowingly makes, submits, causes
20    to be submitted, or files a false or untruthful report to the
21    Board  must have his or her certificate or waiver immediately
22    decertified or revoked.
23        (d)  Any person, or a local or State agency, or the Board
24    is immune  from  liability  for  submitting,  disclosing,  or
25    releasing  information  of  arrests  or  convictions  in this
26    Section as long as the information is  submitted,  disclosed,
27    or  released  in good faith and without malice. The Board has
28    qualified immunity for the release of the information.
29        (e)  Any full-time or part-time  police  officer  with  a
30    certificate or waiver issued by the Board who is convicted of
31    any  offense  described  in this Section immediately  becomes
32    decertified  or  no  longer   has   a   valid   waiver.   The
33    decertification  and invalidity of waivers occurs as a matter
34    of law. Failure of a convicted person to report to the  Board
 
                            -3-      LRB093 05579 RLC 19748 a
 1    his  or  her  conviction  as described in this Section or any
 2    continued  law  enforcement  practice   after   receiving   a
 3    conviction  is a Class 4 felony.
 4        (f)    The  Board's  investigators are peace officers and
 5    have all the powers possessed by policemen in cities  and  by
 6    sheriff's, provided that the investigators may exercise those
 7    powers   anywhere  in  the  State,  only  after  contact  and
 8    cooperation  with  the  appropriate  local  law   enforcement
 9    authorities.
10        (g)  The  Board  must request and receive information and
11    assistance from any federal,  state,  or  local  governmental
12    agency   as   part  of  the  authorized  criminal  background
13    investigation.  The Department of State Police must  process,
14    retain,  and additionally provide and disseminate information
15    to  the   Board   concerning   criminal   charges,   arrests,
16    convictions,  and  their  disposition,  that  have been filed
17    before, on, or after the effective date  of  this  amendatory
18    Act  of  the  91st  General  Assembly against a basic academy
19    applicant, law  enforcement  applicant,  or  law  enforcement
20    officer whose fingerprint identification cards are on file or
21    maintained  by  the  Department of State Police.  The Federal
22    Bureau of Investigation must provide the Board  any  criminal
23    history  record information contained in its files pertaining
24    to law enforcement officers  or  any  applicant  to  a  Board
25    certified  basic law enforcement academy as described in this
26    Act based on fingerprint identification. The Board must  make
27    payment  of  fees  to the Department of State Police for each
28    fingerprint  card  submission   in   conformance   with   the
29    requirements  of  paragraph  22  of  Section 55a of the Civil
30    Administrative Code of Illinois.
31        (h)  A police officer who has been certified or granted a
32    valid waiver may also be  decertified  or  have  his  or  her
33    waiver  revoked  upon  a  determination by the Illinois Labor
34    Relations Board State Panel that he or she, while under oath,
 
                            -4-      LRB093 05579 RLC 19748 a
 1    has knowingly and willfully made false  statements  as  to  a
 2    material  fact  going to an element of the offense of murder.
 3    If an appeal is filed, the determination shall be stayed.
 4             (1)  In the case of an  acquittal  on  a  charge  of
 5        murder, a verified complaint may be filed:
 6                  (A)  by the defendant; or
 7                  (B)  by   a   police   officer   with  personal
 8             knowledge of perjured testimony.
 9    The complaint must allege that a police officer, while  under
10    oath,  knowingly  and willfully made false statements as to a
11    material fact going to an element of the offense  of  murder.
12    The  verified  complaint  must  be  filed  with the Executive
13    Director of the Illinois Law Enforcement  Training  Standards
14    Board within 2 years of the judgment of acquittal.
15             (2)  Within  30  days, the Executive Director of the
16        Illinois Law Enforcement Training Standards  Board  shall
17        review  the  verified complaint and determine whether the
18        verified complaint is frivolous  and  without  merit,  or
19        whether  further investigation is warranted. The Illinois
20        Law Enforcement Training Standards Board shall notify the
21        officer and the Executive Director of the Illinois  Labor
22        Relations   Board  State  Panel  of  the  filing  of  the
23        complaint and any action taken thereon. If the  Executive
24        Director   of   the  Illinois  Law  Enforcement  Training
25        Standards Board determines that the verified complaint is
26        frivolous and without merit, it shall be  dismissed.  The
27        Executive   Director  of  the  Illinois  Law  Enforcement
28        Training Standards Board has sole discretion to make this
29        determination and this decision is not subject to appeal.
30        (i)  If  the  Executive  Director  of  the  Illinois  Law
31    Enforcement Training  Standards  Board  determines  that  the
32    verified  complaint warrants further investigation, he or she
33    shall refer the matter  to  a  task  force  of  investigators
34    created  for this purpose. This task force shall consist of 8
 
                            -5-      LRB093 05579 RLC 19748 a
 1    sworn police officers: 2 from the Illinois  State  Police,  2
 2    from  the  City  of  Chicago Police Department, 2 from county
 3    police departments, and 2 from municipal police  departments.
 4    These  investigators  shall  have  a  minimum  of  5 years of
 5    experience  in  conducting   criminal   investigations.   The
 6    investigators shall be appointed by the Executive Director of
 7    the  Illinois  Law  Enforcement Training Standards Board. Any
 8    officer or officers acting in this capacity pursuant to  this
 9    statutory  provision  will  have  statewide  police authority
10    while acting in this investigative capacity.  Their  salaries
11    and  expenses  for  the  time spent conducting investigations
12    under this paragraph shall be reimbursed by the Illinois  Law
13    Enforcement Training Standards Board.
14        (j)  Once  the  Executive  Director  of  the Illinois Law
15    Enforcement Training Standards Board has determined  that  an
16    investigation  is  warranted, the verified complaint shall be
17    assigned   to   an   investigator   or   investigators.   The
18    investigator or investigators shall conduct an  investigation
19    of  the verified complaint and shall write a report of his or
20    her findings. This report shall be submitted to the Executive
21    Director of the Illinois Labor Relations Board State Panel.
22        Within 30 days, the Executive Director  of  the  Illinois
23    Labor   Relations   Board   State   Panel  shall  review  the
24    investigative  report  and   determine   whether   sufficient
25    evidence  exists  to  conduct  an  evidentiary hearing on the
26    verified complaint. If the Executive Director of the Illinois
27    Labor Relations Board State Panel determines upon his or  her
28    review  of the investigatory report that a hearing should not
29    be conducted, the complaint shall be dismissed. This decision
30    is in the Executive  Director's  sole  discretion,  and  this
31    dismissal may not be appealed.
32        If the Executive Director of the Illinois Labor Relations
33    Board   State  Panel  determines  that  there  is  sufficient
34    evidence to warrant a hearing, a hearing shall be ordered  on
 
                            -6-      LRB093 05579 RLC 19748 a
 1    the  verified complaint, to be conducted by an administrative
 2    law judge employed by  the  Illinois  Labor  Relations  Board
 3    State  Panel.  The  Executive  Director of the Illinois Labor
 4    Relations  Board  State  Panel  shall  inform  the  Executive
 5    Director of the Illinois Law Enforcement  Training  Standards
 6    Board  and  the  person who filed the complaint of either the
 7    dismissal of the complaint or the issuance of  the  complaint
 8    for   hearing.   The  Executive  Director  shall  assign  the
 9    complaint to the  administrative law judge within 30 days  of
10    the decision granting a hearing.
11        (k)  In  the case of a finding of guilt on the offense of
12    murder, if a new trial is granted  on  direct  appeal,  or  a
13    state  post-conviction  evidentiary hearing is ordered, based
14    on a claim that a police officer, under oath,  knowingly  and
15    willfully  made  false statements as to a material fact going
16    to an element of the offense of murder,  the  Illinois  Labor
17    Relations Board State Panel shall hold a hearing to determine
18    whether  the  officer  should be decertified if an interested
19    party requests such a hearing within 2 years of  the  court's
20    decision.   The   complaint   shall   be   assigned   to   an
21    administrative law judge within 30 days so that a hearing can
22    be scheduled.
23        At the hearing, the accused officer shall be afforded the
24    opportunity to:
25             (1)  Be  represented  by  counsel  of his or her own
26        choosing;
27             (2)  Be heard in his or her own defense;
28             (3)  Produce evidence in his or her defense;
29             (4)  Request that the Illinois Labor Relations Board
30        State  Panel  compel  the  attendance  of  witnesses  and
31        production of related documents including but not limited
32        to court documents and records.
33        Once a case  has  been  set  for  hearing,  the  verified
34    complaint shall be referred to the Department of Professional
 
                            -7-      LRB093 05579 RLC 19748 a
 1    Regulation.   That   office   shall  prosecute  the  verified
 2    complaint at the hearing before the administrative law judge.
 3    The Department of  Professional  Regulation  shall  have  the
 4    opportunity  to  produce  evidence  to  support  the verified
 5    complaint and to request the Illinois Labor  Relations  Board
 6    State  Panel  to  compel  the attendance of witnesses and the
 7    production of related documents, including, but  not  limited
 8    to, court documents and records. The Illinois Labor Relations
 9    Board  State  Panel  shall  have the power to issue subpoenas
10    requiring the attendance of and testimony  of  witnesses  and
11    the  production  of  related  documents  including,  but  not
12    limited  to,  court  documents and records and shall have the
13    power to administer oaths.
14        The   administrative   law   judge   shall    have    the
15    responsibility  of receiving into evidence relevant testimony
16    and  documents,  including  court  records,  to  support   or
17    disprove  the  allegations  made  by  the  person  filing the
18    verified complaint and,  at  the  close  of  the  case,  hear
19    arguments.  If  the administrative law judge finds that there
20    is not clear and convincing evidence to support the  verified
21    complaint  that  the  police  officer  has, while under oath,
22    knowingly  and  willfully  made  false  statements  as  to  a
23    material fact going to an element of the offense  of  murder,
24    the   administrative   law   judge   shall   make  a  written
25    recommendation of dismissal to the Illinois  Labor  Relations
26    Board State Panel. If the administrative law judge finds that
27    there  is  clear  and  convincing  evidence  that  the police
28    officer has, while under oath, knowingly and  willfully  made
29    false  statements  as  to  a  material  fact  that goes to an
30    element of the offense  of  murder,  the  administrative  law
31    judge  shall  make  a written recommendation so concluding to
32    the Illinois Labor Relations Board State Panel. The  hearings
33    shall  be transcribed. The Executive Director of the Illinois
34    Law Enforcement Training Standards Board shall be informed of
 
                            -8-      LRB093 05579 RLC 19748 a
 1    the  administrative  law  judge's  recommended  findings  and
 2    decision and the Illinois Labor Relations Board State Panel's
 3    subsequent review of the recommendation.
 4        (l)  An officer named in any complaint filed pursuant  to
 5    this  Act  shall  be  indemnified  for  his or her reasonable
 6    attorney's fees and costs by his or her employer. These  fees
 7    shall be paid in a regular and timely manner. The State, upon
 8    application  by  the  public  employer,  shall  reimburse the
 9    public  employer  for  the   accused   officer's   reasonable
10    attorney's   fees   and  costs.  At  no  time  and  under  no
11    circumstances will the accused officer be required to pay his
12    or her own reasonable attorney's fees or costs.
13        (m)  The accused officer shall not be  placed  on  unpaid
14    status  because  of  the filing or processing of the verified
15    complaint  until  there  is  a  final  non-appealable   order
16    sustaining  his  or her guilt and his or her certification is
17    revoked. Nothing in this Act, however, restricts  the  public
18    employer  from pursuing discipline against the officer in the
19    normal course and under procedures then in place.
20        (n)  The Illinois Labor Relations Board State Panel shall
21    review the administrative law  judge's  recommended  decision
22    and  order  and  determine  by a majority vote whether or not
23    there was clear and  convincing  evidence  that  the  accused
24    officer, while under oath, knowingly and willfully made false
25    statements  as  to  a  material  fact going to the offense of
26    murder. Within 30 days of service of the  administrative  law
27    judge's  recommended decision and order, the parties may file
28    exceptions to the recommended decision and order  and  briefs
29    in  support  of  their  exceptions  with  the  Illinois Labor
30    Relations Board State Panel. The parties may  file  responses
31    to  the  exceptions and briefs in support of the responses no
32    later than 15 days after the service of  the  exceptions.  If
33    exceptions  are  filed  by  any  of the parties, the Illinois
34    Labor Relations Board State Panel shall review the matter and
 
                            -9-      LRB093 05579 RLC 19748 a
 1    make a finding to uphold, vacate, or modify  the  recommended
 2    decision  and  order.  If  the Illinois Labor Relations Board
 3    State Panel concludes that  there  is  clear  and  convincing
 4    evidence   that   the  accused  officer,  while  under  oath,
 5    knowingly  and  willfully  made  false  statements  as  to  a
 6    material fact going to an element of the offense murder,  the
 7    Illinois  Labor  Relations Board State Panel shall inform the
 8    Illinois Law Enforcement Training  Standards  Board  and  the
 9    Illinois  Law  Enforcement  Training  Standards  Board  shall
10    revoke  the  accused  officer's certification. If the accused
11    officer appeals that determination to the Appellate Court, as
12    provided by this Act, he or she may  petition  the  Appellate
13    Court  to  stay  the  revocation  of his or her certification
14    pending the court's review of the matter.
15        (o)  None of the Illinois  Labor  Relations  Board  State
16    Panel's findings or determinations shall set any precedent in
17    any  of  its  decisions  decided pursuant the Illinois Public
18    Labor Relations Act by the  Illinois  Labor  Relations  Board
19    State Panel or the courts.
20        (p)  A party aggrieved by the final order of the Illinois
21    Labor  Relations  Board  State Panel may apply for and obtain
22    judicial review of an order of the Illinois  Labor  Relations
23    Board  State  Panel, in accordance with the provisions of the
24    Administrative Review Law, except that such  judicial  review
25    shall  be  afforded  directly  in the Appellate Court for the
26    district in which the accused  officer  resides.  Any  direct
27    appeal  to  the Appellate Court shall be filed within 35 days
28    from the date that a  copy  of  the  decision  sought  to  be
29    reviewed was served upon the party affected by the decision.
30        (q)  Interested  parties.  Only interested parties to the
31    criminal prosecution in which the police  officer  allegedly,
32    while   under   oath,  knowingly  and  willfully  made  false
33    statements as to a material fact going to an element  of  the
34    offense  of  murder may file a verified complaint pursuant to
 
                            -10-     LRB093 05579 RLC 19748 a
 1    this Section.  For  purposes  of  this  Section,  "interested
 2    parties"  shall  be  limited  to the defendant and any police
 3    officer who has personal knowledge that  the  police  officer
 4    who  is  the  subject of the complaint has, while under oath,
 5    knowingly and willfully made false states as  to  a  material
 6    fact going to an element of the offense of murder.
 7             (r)  Semi-annual reports.  The Executive Director of
 8    the  Illinois  Labor Relations Board shall submit semi-annual
 9    reports to the Governor, President, and  Minority  Leader  of
10    the  Senate,  and  to  the Speaker and Minority Leader of the
11    House  of  Representatives  beginning  on  June   30,   2004,
12    indicating:
13                  (1)  the number of verified complaints received
14             since the date of the last report;
15                  (2)  the  number  of  investigations  initiated
16             since the date of the last report;
17                  (3)  the  number  of  investigations  concluded
18             since the date of the last report;
19                  (4)  the number of investigations pending as of
20             the reporting date;
21                  (5)  the number of hearings held since the date
22             of the last report; and
23                  (6)  the  number  of officers decertified since
24             the date of the last report.
25        (h)  A police officer who has been certified or granted a
26    valid waiver may also be  decertified  or  have  his  or  her
27    waiver  revoked  upon a determination by the Board that he or
28    she, while under oath, has knowingly and willfully made false
29    statements  as  to  a  material  fact   during   a   homicide
30    proceeding.  A  determination  may  be  made  only  after  an
31    investigation  and  hearing  upon  a verified complaint filed
32    with the Illinois Law Enforcement Training  Standards  Board.
33    No  action  may  be  taken by the Board regarding a complaint
34    unless a majority of the members of the Board are present  at
 
                            -11-     LRB093 05579 RLC 19748 a
 1    the meeting at which the action is taken.
 2             (1)  The  Board  shall  adopt  rules  governing  the
 3        investigation  and  hearing  of  a  verified complaint to
 4        assure the police officer due process  and  to  eliminate
 5        conflicts of interest within the Board itself.
 6             (2)  Upon receipt of the initial verified complaint,
 7        the  Board  must make a finding within 30 days of receipt
 8        of the complaint as to whether sufficient evidence exists
 9        to support the complaint.   The  Board  is  empowered  to
10        investigate  and  dismiss the complaint if it finds, by a
11        vote of a majority of the members present, that there  is
12        insufficient  evidence  to  support  it. Upon the initial
13        filing, the sheriff or police chief, or  other  employing
14        agency,  of  the  accused  officer  may  suspend, with or
15        without pay, the accused officer pending  a  decision  of
16        the Board. Upon a Board finding of insufficient evidence,
17        the  police  officer  shall  be reinstated with back pay,
18        benefits,  and  seniority  status  as  appropriate.   The
19        sheriff  or police chief, or employing agency, shall take
20        such necessary action as is ordered by the Board.
21             (3)  If the Board finds, by a vote of a majority  of
22        the  members  present, that sufficient evidence exists to
23        support the  complaint,  it  shall  authorize  a  hearing
24        before  an administrative law judge within 45 days of the
25        Board's finding, unless, based upon  the  complexity  and
26        extent of the allegations and charges, additional time is
27        needed.   In   no   event   may   a   hearing  before  an
28        administrative law judge take place later  than  60  days
29        after the Board's finding.
30        (i)  The  Board  shall  have  the  power and authority to
31    appoint administrative law judges  on  a  contractual  basis.
32    The  Administrative  law judges must be attorneys licensed to
33    practice law in the State of Illinois.  The Board shall  also
34    adopt  rules  governing the appointment of administrative law
 
                            -12-     LRB093 05579 RLC 19748 a
 1    judges and  the  conduct  of  hearings  consistent  with  the
 2    requirements  of  this  Section. The administrative law judge
 3    shall hear all evidence and prepare a written  recommendation
 4    of  his  or  her  findings  to  the Board. At the hearing the
 5    accused police officer shall be afforded the opportunity to:
 6             (1)  Be represented by counsel;
 7             (2)  Be heard in his or her own defense;
 8             (3)  Produce evidence in his or her defense;
 9             (4)  Request that the Board compel the attendance of
10        witnesses and production of court records and documents.
11        (j)  Once a case has been set for hearing, the person who
12    filed the verified complaint shall have  the  opportunity  to
13    produce  evidence  to  support  any  charge  against a police
14    officer that he or she, while under oath, has  knowingly  and
15    willfully  made false statements as to a material fact during
16    a homicide proceeding.
17             (1)  The person who  filed  the  verified  complaint
18        shall  have  the opportunity to be represented by counsel
19        and shall produce evidence to support his or her charges;
20             (2)  The person who filed the verified complaint may
21        request the Board to compel the attendance  of  witnesses
22        and production of court records and documents.
23        (k)  The  Board  shall  have the power to issue subpoenas
24    requiring the attendance and testimony of witnesses  and  the
25    production  of court records and documents and shall have the
26    power to administer oaths.
27        (l)  The  administrative  law  judge   shall   have   the
28    responsibility  of receiving into evidence relevant testimony
29    and  documents,  including  court  records,  to  support   or
30    disprove  the  allegations  made  by  the  person  filing the
31    verified complaint, and, at  the  close  of  the  case,  hear
32    arguments.  If  the administrative law judge finds that there
33    is not clear and convincing evidence to support the  verified
34    complaint  that  the  police  officer  has, while under oath,
 
                            -13-     LRB093 05579 RLC 19748 a
 1    knowingly  and  willfully  made  false  statements  as  to  a
 2    material   fact   during   a   homicide    proceeding,    the
 3    administrative  law judge shall make a written recommendation
 4    of dismissal to the Board. If the  administrative  law  judge
 5    finds  that there is clear and convincing evidence to support
 6    the verified complaint that the  police  officer  has,  while
 7    under  oath, knowingly and willfully made false statements as
 8    to  a  material  fact  during  a  homicide  proceeding,   the
 9    administrative  law judge shall make a written recommendation
10    of decertification to the Board.
11        (m)  Any person, with the exception of the police officer
12    who is the subject of the hearing, who is served by the Board
13    with a subpoena to appear, testify or  produce  evidence  and
14    refuses  to  comply  with the subpoena is guilty of a Class B
15    misdemeanor. Any circuit court or judge, upon application  by
16    the  Board,  may  compel compliance with a subpoena issued by
17    the Board.
18        (n)  Within 15 days of receiving the recommendation,  the
19    Board shall consider the recommendation of the administrative
20    law  judge  and the record of the hearing at a Board meeting.
21    If, by a two-thirds vote of the members present at the  Board
22    meeting,  the  Board finds that there is clear and convincing
23    evidence that the  police  officer  has,  while  under  oath,
24    knowingly  and  willfully  made  false  statements  as  to  a
25    material  fact  during a homicide proceeding, the Board shall
26    order that the police officer be decertified as  a  full-time
27    or  part-time  police officer. If less than two-thirds of the
28    members present vote to decertify  the  police  officer,  the
29    Board shall dismiss the complaint.
30        (o)  The  provisions  of  the  Administrative  Review Law
31    shall govern all proceedings for the judicial review  of  any
32    order  rendered  by the Board. The moving party shall pay the
33    reasonable costs of preparing and certifying the  record  for
34    review.  If  the moving party is the police officer and he or
 
                            -14-     LRB093 05579 RLC 19748 a
 1    she prevails, the court may award the police  officer  actual
 2    costs  incurred  in  all  proceedings,  including  reasonable
 3    attorney  fees.  If  the  court awards the police officer the
 4    actual costs incurred in a proceeding,  including  reasonable
 5    attorney  fees,  the  costs  and attorney fees shall be paid,
 6    subject to appropriation, from the Illinois  Law  Enforcement
 7    Training  Standards  Board  Costs  and  Attorney Fees Fund, a
 8    special fund that is created in the State Treasury. The  Fund
 9    shall  consist of moneys appropriated or transferred into the
10    Fund for the purpose of making payments of costs and attorney
11    fees in accordance with this subsection (o). The Illinois Law
12    Enforcement Training Standards  Board  shall  administer  the
13    Fund  and  adopt rules for the administration of the Fund and
14    for the submission and disposition of claims  for  costs  and
15    attorney fees in accordance with this subsection (o).
16        (p)  If   the   police   officer   is  decertified  under
17    subsection (h), the Board shall notify the defendant who  was
18    a  party  to  the  proceeding  that  resulted  in  the police
19    officer's decertification and his  or  her  attorney  of  the
20    Board's  decision.  Notification  shall be by certified mail,
21    return receipt requested, sent  to  the  party's  last  known
22    address and to the party's attorney if any.
23        (q)  Limitation of action.
24             (1)  No  complaint  may  be  filed  pursuant to this
25        Section until after a verdict  or  other  disposition  is
26        rendered in the underlying case or the underlying case is
27        dismissed in the trial court.
28             (2)  A complaint pursuant to this Section may not be
29        filed more than 2 years after the final resolution of the
30        case.  For  purposes of this Section, final resolution is
31        defined  as  the  trial  court's  ruling  on  the   State
32        post-conviction  proceeding  in  the  case in which it is
33        alleged the police officer, while under  oath,  knowingly
34        and willfully made false statements as to a material fact
 
                            -15-     LRB093 05579 RLC 19748 a
 1        during   a   homicide   proceeding.   In   the   event  a
 2        post-conviction petition is not filed, an action pursuant
 3        to this Section may not be commenced more  than  2  years
 4        after  the  denial  of  a  petition for certiorari to the
 5        United States  Supreme  Court,  or  if  no  petition  for
 6        certiorari  is  filed,  2  years  after  the  date such a
 7        petition should have been  filed.  In  the  event  of  an
 8        acquittal,  no  proceeding  may  be commenced pursuant to
 9        this Section more than 6 years after the date upon  which
10        judgment on the verdict of acquittal was entered.
11        (r)  Interested  parties.  Only interested parties to the
12    criminal prosecution in which the police  officer  allegedly,
13    while   under   oath,  knowingly  and  willfully  made  false
14    statements as to a material fact during a homicide proceeding
15    may file a verified complaint pursuant to this  Section.  For
16    purposes  of  this  Section, "interested parties" include the
17    defendant and any police officer who has  personal  knowledge
18    that  the  police officer who is the subject of the complaint
19    has, while under oath, knowingly  and  willfully  made  false
20    statements   as   to   a  material  fact  during  a  homicide
21    proceeding.
22    (Source: 93SB472enr.)

23        Section 95.  The amendatory changes to Section 6.1 of the
24    Illinois Police Training Act made by this amendatory  Act  of
25    the  93rd  General  Assembly supersede the amendatory changes
26    made to Section 6.1 of the Illinois Police  Training  Act  by
27    Senate  Bill 472 of the 93rd General Assembly, if Senate Bill
28    472 of the 93rd General Assembly becomes law.

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