(50 ILCS 705/8.3)
(This Section may contain text from a Public Act with a delayed effective date
Emergency order of suspension.
(a) The Board, upon being notified that a law enforcement officer has been arrested or indicted on any felony charge or charges, may immediately suspend the law enforcement officer's certification. The Board shall also notify the chief administrator of any governmental agency currently employing the officer. The Board shall have authority to dissolve an emergency order of suspension at any time for any reason.
(b) Notice of the immediate suspension shall be served on the law enforcement officer, the governmental agency, the chief executive of the municipality, and state the reason for suspension within seven days.
(c) Upon service of the notice, the law enforcement officer shall have 30 days to request to be heard by the Panel. The hearing, if requested by the licensee, shall follow the hearing procedures as outlined in subsection (h) of Section 6.3 of this Act.
(d) At the meeting, the law enforcement officer may present evidence, witnesses and argument as to why the officer's certification should not be suspended. The Panel shall review the suspension, and if the Panel finds that the proof is evident or the presumption great that the officer has committed the offense charged, the Panel can sustain or reduce the length of the suspension. If the Panel does not find that the proof is evident or the presumption great that the officer has committed the offense charged, the Panel can reverse the suspension.
If the law enforcement officer does not request to be heard or does not appear, the Panel may hold the hearing in the officer's absence. The law enforcement officer and the governmental agency shall be notified of the decision of the Panel within 7 days. The law enforcement officer may request to suspend the hearing until after the officer's criminal trial has occurred, however the suspension will remain intact until the hearing.
(e) Findings and conclusions made in hearing for an emergency suspension shall not be binding on any party in any subsequent proceeding under this Act.
(f) A Panel member acting in good faith, and not in a willful and wanton manner, in accordance with this Section, shall not, as a result of such actions, be subject to criminal prosecution or civil damages, including but not limited to lost wages.
(Source: P.A. 101-652, eff. 1-1-22.)