Illinois General Assembly - Full Text of Public Act 096-0891
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Public Act 096-0891




Public Act 096-0891
HB0675 Enrolled LRB096 05698 RCE 15764 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The State Police Act is amended by changing
Section 14 as follows:
    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
    Sec. 14. Except as is otherwise provided in this Act, no
Department of State Police officer shall be removed, demoted or
suspended except for cause, upon written charges filed with the
Board by the Director and a hearing before the Board thereon
upon not less than 10 days' notice at a place to be designated
by the chairman thereof. At such hearing, the accused shall be
afforded full opportunity to be heard in his or her own defense
and to produce proof in his or her defense. Anyone filing a
complaint against a State Police Officer must have the
complaint supported by a sworn affidavit. Any such complaint,
having been supported by a sworn affidavit, and having been
found, in total or in part, to contain false information, shall
be presented to the appropriate State's Attorney for a
determination of prosecution.
    Before any such officer may be interrogated or examined by
or before the Board, or by a departmental agent or investigator
specifically assigned to conduct an internal investigation,
the results of which hearing, interrogation or examination may
be the basis for filing charges seeking his or her suspension
for more than 15 days or his or her removal or discharge, he or
she shall be advised in writing as to what specific improper or
illegal act he or she is alleged to have committed; he or she
shall be advised in writing that his or her admissions made in
the course of the hearing, interrogation or examination may be
used as the basis for charges seeking his or her suspension,
removal or discharge; and he or she shall be advised in writing
that he or she has a right to counsel of his or her choosing,
who may be present to advise him or her at any hearing,
interrogation or examination. A complete record of any hearing,
interrogation or examination shall be made, and a complete
transcript or electronic recording thereof shall be made
available to such officer without charge and without delay.
    The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding
of guilty and order either removal, demotion, suspension for a
period of not more than 180 days, or such other disciplinary
punishment as may be prescribed by the rules and regulations of
the Board which, in the opinion of the members thereof, the
offense merits. Thereupon the Director shall direct such
removal or other punishment as ordered by the Board and if the
accused refuses to abide by any such disciplinary order, the
Director shall remove him or her forthwith.
    If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
    The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Department shall be subject
to these sanctions in the same manner as other parties.
    In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
    The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of any order of the Board rendered pursuant
to the provisions of this Section.
    Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Department of State Police shall be discharged from
the Department of State Police as provided in the Employee
Rights Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 94-217, eff. 1-1-06.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/10/2010