Full Text of HB3202 100th General Assembly
HB3202 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3202 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 20 ILCS 2610/14 | from Ch. 121, par. 307.14 | 50 ILCS 725/3.8 | from Ch. 85, par. 2561 |
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Amends the Civil Administrative Code of Illinois the Department of State Police Law. Amends the Uniform Peace Officers' Disciplinary Act. Provides that it shall not be a requirement of a person filing a complaint against a State Police Officer to have a complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit). Provides that it shall not be a requirement of a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit).
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| | A BILL FOR |
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| 1 | | AN ACT concerning law enforcement.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Police Act is amended by changing | 5 | | Section 14 as follows:
| 6 | | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| 7 | | Sec. 14. Except as is otherwise provided in this Act, no | 8 | | Department of
State Police officer shall be removed, demoted or | 9 | | suspended except for
cause, upon written charges filed with the | 10 | | Board by the Director and a hearing
before the Board thereon | 11 | | upon not less than 10 days' notice at a place to
be designated | 12 | | by the chairman thereof. At such hearing, the accused shall
be | 13 | | afforded full opportunity to be heard in his or her own defense | 14 | | and
to produce proof in his or her defense. It shall not be a | 15 | | requirement of a person Anyone filing a complaint against a | 16 | | State Police Officer to must have a the complaint supported by | 17 | | a sworn affidavit or any other legal documentation .
Any such | 18 | | complaint, having been supported by a sworn affidavit, and | 19 | | having been found, in total or in part, to contain false | 20 | | information, shall be presented to the appropriate State's | 21 | | Attorney for a determination of prosecution.
| 22 | | Before any such officer may be interrogated or examined by | 23 | | or before the
Board, or by a departmental agent or investigator |
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| 1 | | specifically assigned
to conduct an internal investigation, | 2 | | the results of which hearing,
interrogation
or examination may | 3 | | be the basis for filing charges seeking his or her
suspension | 4 | | for more than 15 days or his or her removal or discharge,
he or | 5 | | she shall be advised in writing as to what specific improper or
| 6 | | illegal act he or she is alleged to have committed; he or she | 7 | | shall
be advised in writing that his or her admissions made in | 8 | | the course
of the hearing, interrogation or examination may be | 9 | | used as the basis for
charges seeking his or her suspension, | 10 | | removal or discharge; and he
or she shall be advised in writing | 11 | | that he or she has a right to
counsel of his or her choosing, | 12 | | who may be present to advise him or
her at any hearing, | 13 | | interrogation or examination. A complete record of
any hearing, | 14 | | interrogation or examination shall be made, and a complete
| 15 | | transcript or electronic recording thereof shall be made | 16 | | available to such
officer without charge and without delay.
| 17 | | The Board shall have the power to secure by its subpoena
| 18 | | both the attendance and testimony of witnesses and the | 19 | | production of books
and papers in support of the charges and | 20 | | for the defense. Each member of
the Board or a designated | 21 | | hearing officer shall have the power to administer
oaths or | 22 | | affirmations. If the charges against an accused are established
| 23 | | by a preponderance of evidence, the Board shall make a finding | 24 | | of guilty
and order either removal, demotion, suspension for a | 25 | | period of not more
than 180 days, or such other disciplinary | 26 | | punishment as may be prescribed
by the rules and regulations of |
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| 1 | | the Board which, in the opinion of the members
thereof, the | 2 | | offense merits. Thereupon the
Director shall direct such | 3 | | removal or other punishment as ordered by the
Board and if the | 4 | | accused refuses to abide by any such disciplinary
order, the | 5 | | Director shall remove him or her forthwith.
| 6 | | If the accused is found not guilty or has served a period | 7 | | of suspension
greater than prescribed by the Board, the Board | 8 | | shall order that the officer receive compensation for the | 9 | | period involved.
The award of compensation shall include | 10 | | interest at the rate of 7% per
annum.
| 11 | | The Board may include in its order appropriate sanctions | 12 | | based upon the
Board's rules and regulations. If the Board | 13 | | finds that a party has made
allegations or denials without | 14 | | reasonable cause or has engaged in frivolous
litigation for the | 15 | | purpose of delay or needless increase in the cost of
| 16 | | litigation, it may order that party to pay the other party's | 17 | | reasonable
expenses, including costs and reasonable attorney's | 18 | | fees. The State of
Illinois and the Department shall be subject | 19 | | to these sanctions in the same
manner as other parties.
| 20 | | In case of the neglect or refusal of any person to obey a | 21 | | subpoena issued
by the Board, any circuit court, upon | 22 | | application
of any member of the Board, may order such person | 23 | | to appear before the Board
and give testimony or produce | 24 | | evidence, and any failure to obey such order
is punishable by | 25 | | the court as a contempt thereof.
| 26 | | The provisions of the Administrative Review Law, and all |
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| 1 | | amendments and
modifications thereof, and the rules adopted | 2 | | pursuant thereto, shall apply
to and govern all proceedings for | 3 | | the judicial review of any order of the
Board rendered pursuant | 4 | | to the provisions of this Section.
| 5 | | Notwithstanding the provisions of this Section, a policy | 6 | | making
officer, as defined in the Employee Rights Violation | 7 | | Act, of the Department
of State Police shall be discharged from | 8 | | the Department of State Police as
provided in the Employee | 9 | | Rights Violation Act, enacted by the 85th General
Assembly.
| 10 | | (Source: P.A. 96-891, eff. 5-10-10.)
| 11 | | Section 10. The Uniform Peace Officers' Disciplinary Act is | 12 | | amended by changing Section 3.8 as follows:
| 13 | | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
| 14 | | Sec. 3.8. Admissions; counsel; verified complaint.
| 15 | | (a) No officer shall be interrogated without first being | 16 | | advised
in writing that admissions made in the course of the | 17 | | interrogation may be
used as evidence of misconduct or as the | 18 | | basis for charges seeking suspension,
removal, or discharge; | 19 | | and without first being advised in writing that he
or she has | 20 | | the right to counsel of his or her choosing who may be present
| 21 | | to advise him or her at any stage of any interrogation.
| 22 | | (b) It shall not be a requirement for a person Anyone | 23 | | filing a complaint against a sworn peace officer to must have | 24 | | the
complaint supported by a sworn affidavit or any other legal |
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| 1 | | documentation . This subsection (b) of this Section is a | 2 | | limitation of the power of home rule units under Article VII, | 3 | | Section 6, paragraph (i) of the Illinois Constitution. Any | 4 | | complaint, having been supported by a sworn affidavit, and | 5 | | having been found, in total or in part, to contain knowingly | 6 | | false material information, shall be presented to the | 7 | | appropriate State's Attorney for a determination of | 8 | | prosecution.
| 9 | | (Source: P.A. 97-472, eff. 8-22-11.)
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