Illinois General Assembly - Full Text of SB0695
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Full Text of SB0695  100th General Assembly




State of Illinois
2017 and 2018


Introduced 1/30/2017, by Sen. Bill Cunningham


55 ILCS 5/3-7000.5 new
55 ILCS 5/3-7002  from Ch. 34, par. 3-7002
55 ILCS 5/3-7003  from Ch. 34, par. 3-7003
55 ILCS 5/3-7005  from Ch. 34, par. 3-7005
55 ILCS 5/3-7008  from Ch. 34, par. 3-7008
55 ILCS 5/3-7011  from Ch. 34, par. 3-7011
55 ILCS 5/3-7012  from Ch. 34, par. 3-7012
55 ILCS 5/3-7012.5 new
55 ILCS 5/3-7018 new
55 ILCS 5/3-7007 rep.

    Amends the Cook County Sheriff's Merit Board Division of the Counties Code. Abolishes the current Cook County Sheriff's Merit Board. Creates the Cook County Sheriff's Merit Board to exercise all functions of the former Merit Board. Provides for the functions and operation of the Cook County Sheriff's Merit Board, including appointment, composition, powers, responsibilities, and rulemaking. Provides that the Sheriff of Cook County is solely responsible for the adjudication of all disciplinary measures against a sworn officer when the recommended punishment for the violation alleged is the suspension of the sworn officer for a period not exceeding 30 days. Effective January 1, 2018.

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SB0695LRB100 06346 JWD 18726 b

1    AN ACT concerning law enforcement.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and
6adding Sections 3-7000.5, 3-7012.5, and 3-7018 as follows:
7    (55 ILCS 5/3-7000.5 new)
8    Sec. 3-7000.5. Definitions. As used in this Division:
9    "Board" means the Cook County Sheriff's Merit Board created
10under subsection (b) of Section 3-7002.
11    "Sheriff" means the Sheriff of Cook County.
12    "Sworn officer" means a deputy sheriff, deputy sergeant,
13deputy lieutenant, corrections officer, corrections sergeant,
14corrections lieutenant, police officer, police sergeant,
15police lieutenant, or any other person hired or promoted by the
16Sheriff and earning the relevant sworn merit rank.
17    (55 ILCS 5/3-7002)  (from Ch. 34, par. 3-7002)
18    Sec. 3-7002. Cook County Sheriff's Merit Board.
19    (a) On the effective date of this amendatory Act of 100th
20General Assembly, the terms of all members of the Board created
21under this subsection (a) are ended and the Board created under
22this subsection (a) is abolished. There is created the Cook



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1County Sheriff's Merit Board, hereinafter called the Board,
2consisting of 7 members appointed by the Sheriff with the
3advice and consent of the county board, except that on and
4after the effective date of this amendatory Act of 1997, the
5Sheriff may appoint 2 additional members, with the advice and
6consent of the county board, at his or her discretion. Of the
7members first appointed, one shall serve until the third Monday
8in March, 1965 one until the third Monday in March, 1967, and
9one until the third Monday in March, 1969. Of the 2 additional
10members first appointed under authority of this amendatory Act
11of 1991, one shall serve until the third Monday in March, 1995,
12and one until the third Monday in March, 1997. Of the 2
13additional members first appointed under the authority of this
14amendatory Act of the 91st General Assembly, one shall serve
15until the third Monday in March, 2005 and one shall serve until
16the third Monday in March, 2006.
17    Upon the expiration of the terms of office of those first
18appointed (including the 2 additional members first appointed
19under authority of this amendatory Act of 1991 and under the
20authority of this amendatory Act of the 91st General Assembly),
21their respective successors shall be appointed to hold office
22from the third Monday in March of the year of their respective
23appointments for a term of 6 years and until their successors
24are appointed and qualified for a like term. As additional
25members are appointed under authority of this amendatory Act of
261997, their terms shall be set to be staggered consistently



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1with the terms of the existing Board members. No more than 3
2members of the Board shall be affiliated with the same
3political party, except that as additional members are
4appointed by the Sheriff under authority of this amendatory Act
5of 1997 and under the authority of this amendatory Act of the
691st General Assembly, the political affiliation of the Board
7shall be such that no more than one-half of the members plus
8one additional member may be affiliated with the same political
9party. No member shall have held or have been a candidate for
10an elective public office within one year preceding his or her
12    The Sheriff may deputize members of the Board.
13    (b) On the effective date of this amendatory Act of the
14100th General Assembly, there is created the Cook County
15Sheriff's Merit Board, consisting of 5 full-time members
16appointed by the Sheriff with the advice and consent of the
17county board who should have the following qualifications: one
18member who is an employee or agent representing the interests
19of labor unions; one member who is or was employed by a law
20enforcement agency and was responsible for investigating
21disciplinary cases; one member who is or was engaged in
22academic research relating to criminal justice at an
23institution of higher learning; one member who is or was
24affiliated with a not-for-profit prison reform entity; and one
25member who is or was involved with a not-for-profit community
26or civic organization. Of the members initially appointed to



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1the Board, 2 shall serve until the first Monday in March of
22019, one shall serve until the first Monday in March of 2020,
3one shall serve until the first Monday in March of 2021, and
4one shall serve until the first Monday in March of 2022,
5thereafter all members shall be appointed for terms of 4 years.
6Members shall serve until their successors are appointed and
7qualified. Whenever a vacancy in the office of member shall
8occur, the Sheriff shall, with the advice and consent of the
9county board, appoint a person to serve for the remainder of
10the unexpired term. No more than 3 members of the Board shall
11be affiliated with the same political party.
12    It is the intent of the General Assembly that the Cook
13County Sheriff's Merit Board created under this subsection (b)
14shall act as the successor agency to the former Merit Board
15created under subsection (a) of this Section for purposes of
16the former Merit Board's responsibilities.
17    The Cook County Sheriff's Merit Board shall inherit and
18subsume all written charges filed before the former Merit Board
19created under subsection (a) of this Section and all decisions
20and actions of the former Merit Board made pursuant to Sections
213-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to
22the effective date of this amendatory Act of the 100th General
23Assembly and may preside over, amend, correct, or defend these
24decisions and actions as required or permitted by law.
25    The Cook County Sheriff's Merit Board shall ensure that all
26applicable federal and State laws are followed and enforced.



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1The Cook County Sheriff's Merit Board shall ensure that the
2hiring and promotional practices of sworn officers by the
3Sheriff's Office reflect the diverse demographics of the
4residents of Cook County and that those priorities give
5preference to honorably discharged veterans of the Armed Forces
6of the United States of America.
7(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
890-655, eff. 7-30-98; 91-722, eff. 6-2-00.)
9    (55 ILCS 5/3-7003)  (from Ch. 34, par. 3-7003)
10    Sec. 3-7003. Compensation and expenses of board members.
11Each member of the Board shall receive an annual salary as
12determined by the county board; the county board may provide
13additional compensation for service as chairman or secretary.
14Each member shall be reimbursed for expenses necessarily
15incurred in discharging the duties of his or her office. Such
16compensation and reimbursement shall be paid by the county.
17Members shall not accept or engage in outside employment
18without first having obtained the permission of the Sheriff.
19Each member of the Board shall receive compensation for each
20day during which he is engaged in transacting the business of
21the Board and, in addition thereto, his actual traveling and
22other expenses necessarily incurred in discharging the duties
23of his office. No member of the Board shall receive
24compensation of more than $25,000 in any fiscal year, except
25that the Chairman shall receive compensation of no more than



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1$30,000 in any fiscal year. Such compensation expenses shall be
2paid by the county.
3(Source: P.A. 91-722, eff. 6-2-00.)
4    (55 ILCS 5/3-7005)  (from Ch. 34, par. 3-7005)
5    Sec. 3-7005. Meetings.
6    As soon as practicable after the members of the Board have
7been appointed, they shall meet, upon the call of the Sheriff,
8and shall organize by selecting a chairman and a secretary. The
9initial chairman and secretary, and their successors, shall be
10selected by the Board from among its members for a term of 2
11years or for the remainder of their term of office as a member
12of the Board, whichever is the shorter. Three Two members of
13the Board shall constitute a quorum for the transaction of
14business, except that as additional members are appointed under
15authority of this amendatory Act of 1997, the number of members
16that must be present to constitute a quorum shall be the number
17of members that constitute at least 40% of the Board. The Board
18shall hold regular quarterly meetings and such other meetings
19as may be called by the chairman. The Board shall meet at the
20call of the Sheriff for the purpose of naming a successor
21chairman or secretary whenever there is a vacancy in either of
22those offices, or to transact any other business before the
24(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
2590-655, eff. 7-30-98.)



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1    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
2    Sec. 3-7008. Appointments. The appointment of deputy
3sheriffs in the Police Department, full-time deputy sheriffs
4not employed as county police officers or county corrections
5officers and of employees in the Department of Corrections
6shall be made from those applicants who have been certified by
7the Board as being qualified for appointment. Certification for
8appointment in one department shall not constitute
9certification for appointment in another department. All
10persons so appointed shall, at the time of their appointment,
11be not less than 21 years of age, or 20 years of age and have
12successfully completed 2 years of law enforcement studies at an
13accredited college or university. Any person appointed
14subsequent to successful completion of 2 years of such law
15enforcement studies shall not have power of arrest, nor shall
16he or she be permitted to carry firearms, until he or she
17reaches 21 years of age. In addition, all persons so appointed
18shall be not more than the maximum age limit fixed by the Board
19from time to time, be of sound mind and body, be of good moral
20character, be citizens of the United States, have not been
21convicted of a crime which the Board considers to be
22detrimental to the applicant's ability to carry out his or her
23duties, possess such prerequisites of training, education and
24experience as the Board may from time to time prescribe, and
25shall be required to pass successfully mental, physical,



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1psychiatric and other tests and examinations as may be
2prescribed by the Board. Preference shall be given in such
3appointments to persons who have honorably served in the
4military or naval services of the United States. Before
5entering upon his or her duties, each deputy sheriff in the
6County Police Department shall execute a good and sufficient
7bond, payable to the People of the State of Illinois, in the
8penal sum of $1,000 and to the Sheriff of the County where he
9or she is employed in the sum of $10,000, conditioned on the
10faithful performance of his or her duties. All appointees shall
11serve a probationary period of 12 months and during that period
12may be discharged at the will of the Sheriff. However, civil
13service employees of the house of correction who have certified
14status at the time of the transfer of the house of correction
15to the County Department of Corrections are not subject to this
16probationary period, and they shall retain their job titles,
17such tenure privileges as are now enjoyed and any subsequent
18title changes shall not cause reduction in rank or elimination
19of positions.
20(Source: P.A. 86-962.)
21    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)
22    Sec. 3-7011. Disciplinary measures. In Cook County, the
23Sheriff, or his or her designee, is solely responsible for the
24adjudication of all disciplinary measures against a sworn
25officer when the maximum punishment for the violation alleged



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1is the suspension of the sworn officer for a period not
2exceeding 30 days. Any allegation against a sworn officer which
3would result in suspension for a period of greater than 30 days
4shall be adjudicated as provided under Section 3-7012.
5Disciplinary measures prescribed by the Board may be taken by
6the sheriff for the punishment of infractions of the rules and
7regulations promulgated by the Board. Such disciplinary
8measures may include suspension of any deputy sheriff in the
9County Police Department, any full-time deputy sheriff not
10employed as a county police officer or county corrections
11officer and any employee in the County Department of
12Corrections for a reasonable period, not exceeding 30 days,
13without complying with the provisions of Section 3-7012 hereof.
14(Source: P.A. 86-962.)
15    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
16    Sec. 3-7012. Removal, demotion or suspension. Except as is
17otherwise provided in Section 3-7011 this Division, no deputy
18sheriff in the County Police Department, no full-time deputy
19sheriff not employed as a county police officer or county
20corrections officer and no employee in the County Department of
21Corrections shall be removed, demoted or suspended except for
22cause, upon written charges filed with the Board by the Sheriff
23and a hearing before the Board thereon upon not less than 10
24days' notice at a place to be designated by the chairman
25thereof. At such hearing, the accused deputy sheriff shall be



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1afforded full opportunity to be heard in his or her own defense
2and to produce proof in his or her defense. The Board shall
3have the power to secure by its subpoena both the attendance
4and testimony of witnesses and the production of books and
5papers in support of the charges and for the defense. The fees
6of witnesses for attendance and travel shall be the same as the
7fees of witnesses before the circuit courts of this State, and
8shall be paid in the same manner as other expenses of the
9Board. Each member of the Board shall have the power to
10administer oaths or affirmations. If the charges against an
11accused deputy sheriff are established by a preponderance of
12evidence, the Board shall make a finding of guilty and order
13either removal, demotion, suspension for a period of not more
14than 180 days, or such other disciplinary punishment as may be
15prescribed by the rules and regulations of the Board which, in
16the opinion of the members thereof, the offense merits.
17Thereupon the sheriff shall direct such removal or other
18punishment as ordered by the Board and if the accused deputy
19sheriff refuses to abide by any such disciplinary order, the
20sheriff shall remove him or her forthwith.
21    In case of the neglect or refusal of any person to obey a
22subpoena issued by the Board, any circuit court or a judge
23thereof, upon application of any member of the Board, may order
24such person to appear before the Board and give testimony or
25produce evidence, and any failure to obey such order is
26punishable by the court as a contempt thereof.



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1    The provisions of the Administrative Review Law, and all
2amendments and modifications thereof, and the rules adopted
3pursuant thereto, shall apply to and govern all proceedings for
4the judicial review of any order of the Board rendered pursuant
5to the provisions of this Section.
6(Source: P.A. 86-962.)
7    (55 ILCS 5/3-7012.5 new)
8    Sec. 3-7012.5. Rulemaking. The Board shall adopt rules and
9procedures for its operation and to carry out its functions
10under this Division, except that the Board may not delegate its
11power under Section 3-7012 to hear and decide matters before it
12to any person or entity.
13    (55 ILCS 5/3-7018 new)
14    Sec. 3-7018. Annual reports. On January 31, 2019, and on
15January 31 of each year thereafter, the Board shall publish an
16annual report, which shall be available on the website of the
17Cook County Sheriff. The annual report of the Board shall
18contain a summary of hiring and promotions of the preceding
19year, together with a summary of the Board's disciplinary
20proceedings of the preceding year.
21    (55 ILCS 5/3-7007 rep.)
22    Section 10. The Counties Code is amended by repealing
23Section 3-7007.



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1    Section 99. Effective date. This Act takes effect January
21, 2018.