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(20 ILCS 2610/12.7)
(This Section may contain text from a Public Act with a delayed effective date
Discretionary termination of Illinois State Police officers.
(a) Definitions. For purposes of this Section 6.3:
"Duty to intervene" means an obligation to intervene to prevent harm from occurring that arises when an officer is present and has reason to know:
(1) that excessive force is being used; or
(2) that any constitutional violation has been
committed by a law enforcement official; and the officer has a realistic opportunity to intervene.
This duty applies equally to supervisory and
nonsupervisory officers. If aid is required, the officer shall not, when reasonable to administer aid, knowingly and willingly refuse to render aid as defined by State or federal law. An officer does not violate this duty if the failure to render aid is due to circumstances such as lack of appropriate specialized training, lack of resources or equipment, or both, or if it is unsafe or impracticable to render aid.
"Excessive use of force" means using force in violation of State or federal law.
"False statement" means:
(1) any knowingly false statement provided on a form
(2) that the writer does not believe to be true; and
(3) that the writer includes to mislead a public
servant in performing that public servant's official functions.
"Perjury" has the meaning as defined under Sections 32-2 and 32-3 of the Criminal Code of 2012.
"Tampers with or fabricates evidence" means if a law enforcement officer:
(1) has reason to believe that an official proceeding
is pending or may be instituted; and
(2) alters, destroys, conceals, or removes any
record, document, data, video or thing to impair its validity or availability in the proceeding.
(b) Discretionary termination conduct.
The Board may terminate an Illinois State Police officer upon a determination by the Board that the Illinois State Police officer has:
(1) committed an act that would constitute a felony
or misdemeanor which could serve as basis for automatic decertification, whether or not the law enforcement officer was criminally prosecuted, and whether or not the law enforcement officer's employment was terminated;
(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
intervene, including through acts or omission;
(4) tampered with a dash camera or body-worn camera
or data recorded by a dash camera or body-worn camera or directed another to tamper with or turn off a dash camera or body-worn camera or data recorded by a dash camera or body-worn camera for the purpose of concealing, destroying or altering potential evidence;
(5) engaged in the following conduct relating to the
reporting, investigation, or prosecution of a crime: committed perjury, made a false statement, or knowingly tampered with or fabricated evidence;
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to the public; such conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer.
(b) If an officer enters a plea of guilty, nolo contendere, stipulates to the facts or is found guilty of a violation of any law, or if there is any other Board or judicial determination that will support any punitive measure taken against the officer, such action by the officer or judicial entity may be considered for the purposes of this Section. Termination under this Section shall be by clear and convincing evidence. If the Board votes to terminate, the Board shall put its decision in writing, setting forth the specific reasons for its decision. Final decisions under this Section are reviewable under the Administrative Review Law.
(c) The Illinois State Police Merit Board shall report all terminations under this Section to the Officer Misconduct Database, provided in Section 9.2 of the Illinois Police Training Act.
(d) Nothing in this Act shall require an Illinois State Police officer to waive any applicable constitutional rights.
(e) Nothing in this Section shall prohibit the Merit Board from administering discipline up to and including termination for violations of Illinois State Police policies and procedures pursuant to other sections of this Act.
(Source: P.A. 101-652, eff. 1-1-22.)