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


Sen. Bill Cunningham

Filed: 3/10/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 695 by replacing
3everything after the enacting clause with the following:
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 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.



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1    (55 ILCS 5/3-7002)  (from Ch. 34, par. 3-7002)
2    Sec. 3-7002. Cook County Sheriff's Merit Board.
3    (a) On the effective date of this amendatory Act of 100th
4General Assembly, the terms of all members of the Board created
5under this subsection (a) are ended and the Board created under
6this subsection (a) is abolished. There is created the Cook
7County Sheriff's Merit Board, hereinafter called the Board,
8consisting of 7 members appointed by the Sheriff with the
9advice and consent of the county board, except that on and
10after the effective date of this amendatory Act of 1997, the
11Sheriff may appoint 2 additional members, with the advice and
12consent of the county board, at his or her discretion. Of the
13members first appointed, one shall serve until the third Monday
14in March, 1965 one until the third Monday in March, 1967, and
15one until the third Monday in March, 1969. Of the 2 additional
16members first appointed under authority of this amendatory Act
17of 1991, one shall serve until the third Monday in March, 1995,
18and one until the third Monday in March, 1997. Of the 2
19additional members first appointed under the authority of this
20amendatory Act of the 91st General Assembly, one shall serve
21until the third Monday in March, 2005 and one shall serve until
22the third Monday in March, 2006.
23    Upon the expiration of the terms of office of those first
24appointed (including the 2 additional members first appointed
25under authority of this amendatory Act of 1991 and under the



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1authority of this amendatory Act of the 91st General Assembly),
2their respective successors shall be appointed to hold office
3from the third Monday in March of the year of their respective
4appointments for a term of 6 years and until their successors
5are appointed and qualified for a like term. As additional
6members are appointed under authority of this amendatory Act of
71997, their terms shall be set to be staggered consistently
8with the terms of the existing Board members. No more than 3
9members of the Board shall be affiliated with the same
10political party, except that as additional members are
11appointed by the Sheriff under authority of this amendatory Act
12of 1997 and under the authority of this amendatory Act of the
1391st General Assembly, the political affiliation of the Board
14shall be such that no more than one-half of the members plus
15one additional member may be affiliated with the same political
16party. No member shall have held or have been a candidate for
17an elective public office within one year preceding his or her
19    The Sheriff may deputize members of the Board.
20    (b) On the effective date of this amendatory Act of the
21100th General Assembly, there is created the Cook County
22Sheriff's Merit Board, consisting of 5 full-time members
23appointed by the Sheriff with the advice and consent of the
24county board who should have the following qualifications: one
25member who is an employee or agent representing the interests
26of labor unions; one member who is or was employed by a law



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1enforcement agency and was responsible for investigating
2disciplinary cases; one member who is or was engaged in
3academic research relating to criminal justice at an
4institution of higher learning; one member who is or was
5affiliated with a not-for-profit prison reform entity; and one
6member who is or was involved with a not-for-profit community
7or civic organization. Of the members initially appointed to
8the Board, 2 shall serve until the first Monday in March of
92019, one shall serve until the first Monday in March of 2020,
10one shall serve until the first Monday in March of 2021, and
11one shall serve until the first Monday in March of 2022,
12thereafter all members shall be appointed for terms of 4 years.
13Members shall serve until their successors are appointed and
14qualified. Whenever a vacancy in the office of member shall
15occur, the Sheriff shall, with the advice and consent of the
16county board, appoint a person to serve for the remainder of
17the unexpired term. No more than 3 members of the Board shall
18be affiliated with the same political party.
19    It is the intent of the General Assembly that the Cook
20County Sheriff's Merit Board created under this subsection (b)
21shall act as the successor agency to the former Merit Board
22created under subsection (a) of this Section for purposes of
23the former Merit Board's responsibilities.
24    The Cook County Sheriff's Merit Board shall inherit and
25subsume all written charges filed before the former Merit Board
26created under subsection (a) of this Section and all decisions



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1and actions of the former Merit Board made pursuant to Sections
23-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to
3the effective date of this amendatory Act of the 100th General
4Assembly and may preside over, amend, correct, or defend these
5decisions and actions as required or permitted by law.
6    The Cook County Sheriff's Merit Board shall ensure that all
7applicable federal and State laws are followed and enforced.
8The Cook County Sheriff's Merit Board shall ensure that the
9hiring and promotional practices of sworn officers by the
10Sheriff's Office reflect the diverse demographics of Cook
11County and that those priorities give preference to honorably
12discharged veterans of the Armed Forces of the United States of
14(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
1590-655, eff. 7-30-98; 91-722, eff. 6-2-00.)
16    (55 ILCS 5/3-7003)  (from Ch. 34, par. 3-7003)
17    Sec. 3-7003. Compensation and expenses of board members.
18Each member of the Board shall receive an annual salary as
19determined by the county board; the county board may provide
20additional compensation for service as chairman or secretary.
21Each member shall be reimbursed for expenses necessarily
22incurred in discharging the duties of his or her office. Such
23compensation and reimbursement shall be paid by the county.
24Members shall not accept or engage in outside employment
25without first having obtained the permission of the Sheriff.



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1Each member of the Board shall receive compensation for each
2day during which he is engaged in transacting the business of
3the Board and, in addition thereto, his actual traveling and
4other expenses necessarily incurred in discharging the duties
5of his office. No member of the Board shall receive
6compensation of more than $25,000 in any fiscal year, except
7that the Chairman shall receive compensation of no more than
8$30,000 in any fiscal year. Such compensation expenses shall be
9paid by the county.
10(Source: P.A. 91-722, eff. 6-2-00.)
11    (55 ILCS 5/3-7005)  (from Ch. 34, par. 3-7005)
12    Sec. 3-7005. Meetings.
13    As soon as practicable after the members of the Board have
14been appointed, they shall meet, upon the call of the Sheriff,
15and shall organize by selecting a chairman and a secretary. The
16initial chairman and secretary, and their successors, shall be
17selected by the Board from among its members for a term of 2
18years or for the remainder of their term of office as a member
19of the Board, whichever is the shorter. Three Two members of
20the Board shall constitute a quorum for the transaction of
21business, except that as additional members are appointed under
22authority of this amendatory Act of 1997, the number of members
23that must be present to constitute a quorum shall be the number
24of members that constitute at least 40% of the Board. The Board
25shall hold regular quarterly meetings and such other meetings



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1as may be called by the chairman. The Board shall meet at the
2call of the Sheriff for the purpose of naming a successor
3chairman or secretary whenever there is a vacancy in either of
4those offices, or to transact any other business before the
6(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
790-655, eff. 7-30-98.)
8    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
9    Sec. 3-7008. Appointments. The appointment of deputy
10sheriffs in the Police Department, full-time deputy sheriffs
11not employed as county police officers or county corrections
12officers and of employees in the Department of Corrections
13shall be made from those applicants who have been certified by
14the Board as being qualified for appointment. Certification for
15appointment in one department shall not constitute
16certification for appointment in another department. All
17persons so appointed shall, at the time of their appointment,
18be not less than 21 years of age, or 20 years of age and have
19successfully completed 2 years of law enforcement studies at an
20accredited college or university. Any person appointed
21subsequent to successful completion of 2 years of such law
22enforcement studies shall not have power of arrest, nor shall
23he or she be permitted to carry firearms, until he or she
24reaches 21 years of age. In addition, all persons so appointed
25shall be not more than the maximum age limit fixed by the Board



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1from time to time, be of sound mind and body, be of good moral
2character, be citizens of the United States, have not been
3convicted of a crime which the Board considers to be
4detrimental to the applicant's ability to carry out his or her
5duties, possess such prerequisites of training, education and
6experience as the Board may from time to time prescribe, and
7shall be required to pass successfully mental, physical,
8psychiatric and other tests and examinations as may be
9prescribed by the Board. Preference shall be given in such
10appointments to persons who have honorably served in the
11military or naval services of the United States. Before
12entering upon his or her duties, each deputy sheriff in the
13County Police Department shall execute a good and sufficient
14bond, payable to the People of the State of Illinois, in the
15penal sum of $1,000 and to the Sheriff of the County where he
16or she is employed in the sum of $10,000, conditioned on the
17faithful performance of his or her duties. All appointees shall
18serve a probationary period of 12 months and during that period
19may be discharged at the will of the Sheriff. However, civil
20service employees of the house of correction who have certified
21status at the time of the transfer of the house of correction
22to the County Department of Corrections are not subject to this
23probationary period, and they shall retain their job titles,
24such tenure privileges as are now enjoyed and any subsequent
25title changes shall not cause reduction in rank or elimination
26of positions.



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1(Source: P.A. 86-962.)
2    (55 ILCS 5/3-7011)  (from Ch. 34, par. 3-7011)
3    Sec. 3-7011. Disciplinary measures. In Cook County, the
4Sheriff, or his or her designee, is solely responsible for the
5adjudication of all disciplinary measures against a sworn
6officer when the maximum punishment for the violation alleged
7is the suspension of the sworn officer for a period not
8exceeding 90 days, subject to review under the provisions of
9the applicable collective bargaining agreement. Any allegation
10against a sworn officer which would result in suspension for a
11period of greater than 90 days shall be adjudicated as provided
12under Section 3-7012.
13Disciplinary measures prescribed by the Board may be taken by
14the sheriff for the punishment of infractions of the rules and
15regulations promulgated by the Board. Such disciplinary
16measures may include suspension of any deputy sheriff in the
17County Police Department, any full-time deputy sheriff not
18employed as a county police officer or county corrections
19officer and any employee in the County Department of
20Corrections for a reasonable period, not exceeding 30 days,
21without complying with the provisions of Section 3-7012 hereof.
22(Source: P.A. 86-962.)
23    (55 ILCS 5/3-7012)  (from Ch. 34, par. 3-7012)
24    Sec. 3-7012. Removal, demotion or suspension. Except as is



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1otherwise provided in Section 3-7011 this Division, no deputy
2sheriff in the County Police Department, no full-time deputy
3sheriff not employed as a county police officer or county
4corrections officer and no employee in the County Department of
5Corrections shall be removed, demoted or suspended except for
6cause, upon written charges filed with the Board by the Sheriff
7and a hearing before the Board thereon upon not less than 10
8days' notice at a place to be designated by the chairman
9thereof. At such hearing, the accused deputy sheriff shall be
10afforded full opportunity to be heard in his or her own defense
11and to produce proof in his or her defense. The Board shall
12have the power to secure by its subpoena both the attendance
13and testimony of witnesses and the production of books and
14papers in support of the charges and for the defense. The fees
15of witnesses for attendance and travel shall be the same as the
16fees of witnesses before the circuit courts of this State, and
17shall be paid in the same manner as other expenses of the
18Board. Each member of the Board shall have the power to
19administer oaths or affirmations. If the charges against an
20accused deputy sheriff are established by a preponderance of
21evidence, the Board shall make a finding of guilty and order
22either removal, demotion, suspension for a period of not more
23than 180 days, or such other disciplinary punishment as may be
24prescribed by the rules and regulations of the Board which, in
25the opinion of the members thereof, the offense merits.
26Thereupon the sheriff shall direct such removal or other



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1punishment as ordered by the Board and if the accused deputy
2sheriff refuses to abide by any such disciplinary order, the
3sheriff shall remove him or her forthwith.
4    In case of the neglect or refusal of any person to obey a
5subpoena issued by the Board, any circuit court or a judge
6thereof, upon application of any member of the Board, may order
7such person to appear before the Board and give testimony or
8produce evidence, and any failure to obey such order is
9punishable by the court as a contempt thereof.
10    The Board shall, except for good cause shown and set forth
11on the record, render its decision within 90 days following the
12conclusion of any hearing conducted under the provisions of
13this Section.
14    The provisions of the Administrative Review Law, and all
15amendments and modifications thereof, and the rules adopted
16pursuant thereto, shall apply to and govern all proceedings for
17the judicial review of any order of the Board rendered pursuant
18to the provisions of this Section.
19(Source: P.A. 86-962.)
20    (55 ILCS 5/3-7018 new)
21    Sec. 3-7018. Annual reports. On January 31, 2019, and on
22January 31 of each year thereafter, the Board shall publish an
23annual report, which shall be available on the website of the
24Cook County Sheriff. The annual report of the Board shall
25contain a summary of hiring and promotions of the preceding



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1year, together with a summary of the Board's disciplinary
2proceedings of the preceding year.
3    (55 ILCS 5/3-7007 rep.)
4    Section 10. The Counties Code is amended by repealing
5Section 3-7007.
6    Section 99. Effective date. This Act takes effect January
71, 2018.".