Sen. Mike Jacobs

Filed: 5/8/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3035

2    AMENDMENT NO. ______. Amend House Bill 3035 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by adding
5Section 12.6 as follows:
 
6    (20 ILCS 2610/12.6 new)
7    Sec. 12.6. Zero tolerance alcohol policy.
8    (a) It is the intent of the General Assembly to maintain a
9safe environment for the citizens of this State and to ensure
10that State Police officers are not impaired in a manner that
11endangers themselves or others. Therefore, it is declared to be
12the public policy of this State to provide a work environment
13free of the use of alcohol and unlawful drugs by on-duty State
14Police officers.
15    (b) The Department of State Police shall adopt rules to
16implement this Section.

 

 

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1    (c) Any person employed by the Department of State Police
2as a State Police officer must comply with the alcohol use and
3testing requirements of the Department of State Police.
4    (d) If a State Police officer's supervisor reasonably
5believes, based upon objective facts, that an officer's ability
6to perform his or her duties safely and efficiently while on
7duty may be impaired by the consumption of alcohol, the
8supervisor shall:
9        (1) prevent the officer from continuing work;
10        (2) inform the officer of the specific facts supporting
11    his or her belief and prepare a written record of those
12    facts;
13        (3) inform the officer that he or she will be tested
14    for alcohol;
15        (4) inform the officer that he or she may refuse the
16    test, but that refusal to submit to a test for alcohol,
17    ordered in accordance with Departmental procedures, shall
18    be construed as a positive result; and
19        (5) transport or cause the officer to be transported
20    safely away from the Department.
21    (e) A test shall be construed as a positive result if the
22test shows a result of a blood alcohol content higher than
230.00%.
24    (f) A person employed as a State Police officer who tests
25positive in a test for the purpose of determining the alcohol
26content of the person's blood while on duty according to the

 

 

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1procedures of the State Police shall be referred to the
2Department of State Police Merit Board under this Act for
3appropriate discipline, if any, where the totality of the
4circumstances shall be considered.
5    (g) Upon a finding that an officer has violated this
6Section, the Board shall appropriately discipline the officer.
7Any determination of appropriate discipline made according to
8this Section against an officer by the Board shall be subject
9to an appeals process, if any, afforded by the collective
10bargaining agreement governing the employment of the State
11Police officer.
12    (h) The provisions of this Section shall not apply to:
13        (1) an officer who has been assigned to consume alcohol
14    while on-duty and under appropriate supervision by a
15    superior officer for training purposes as approved by the
16    Director;
17        (2) an officer whose duty requirements run counter to
18    the provisions of this Section;
19        (3) an officer who has been assigned by the Director to
20    work undercover, while his or her identity as a police
21    officer must remain undisclosed for purposes of that
22    assignment; and
23        (4) an officer exempt under subsection (g) of Section
24    10-1 of Article 10 of the Liquor Control Act of 1934.
25    (i) To the extent this Section conflicts with a collective
26bargaining agreement in effect on the effective date of this

 

 

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1amendatory Act of the 98th General Assembly, the conflicting
2provision of this Section shall not apply until that collective
3bargaining agreement expires or is renewed, renegotiated, or
4superseded.
 
5    Section 10. The Counties Code is amended by adding Sections
63-7018 and 3-6040 as follows:
 
7    (55 ILCS 5/3-6040 new)
8    Sec. 3-6040. Zero tolerance alcohol policy.
9    (a) It is the intent of the General Assembly to maintain a
10safe environment for the citizens of this State and to ensure
11that deputy sheriffs are not impaired in a manner that
12endangers themselves or others. Therefore, it is declared to be
13the public policy of this State to provide a work environment
14free of the use of alcohol and unlawful drugs by on-duty deputy
15sheriffs.
16    (b) The sheriff shall adopt rules to implement this
17Section.
18    (c) Any person employed by the sheriff as a deputy sheriff
19must comply with the alcohol use and testing requirements of
20the sheriff.
21    (d) If a deputy sheriff's supervisor reasonably believes,
22based upon objective facts, that the deputy sheriff's ability
23to perform his or her duties safely and efficiently while on
24duty may be impaired by the consumption of alcohol, the

 

 

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1supervisor shall:
2        (1) prevent the deputy sheriff from continuing work;
3        (2) inform the deputy sheriff of the specific facts
4    supporting his or her belief and prepare a written record
5    of those facts;
6        (3) inform the deputy sheriff that he or she will be
7    tested for alcohol;
8        (4) inform the deputy sheriff that he or she may refuse
9    the test, but that refusal to submit to a test for alcohol,
10    ordered in accordance with the procedures of the sheriff's
11    office, shall be construed as a positive result; and
12        (5) transport or cause the deputy sheriff to be
13    transported safely away from the sheriff's office.
14    (e) A test shall be construed as a positive result if the
15test shows a result of a blood alcohol content higher than
160.00%.
17    (f) A person employed as a deputy sheriff who tests
18positive in a test for the purpose of determining the alcohol
19content of the person's blood while on duty according to the
20procedures of the sheriff shall be referred to the sheriff for
21appropriate discipline, if any, where the totality of the
22circumstances shall be considered.
23    (g) Upon a finding that a deputy sheriff has violated this
24Section, the sheriff shall appropriately discipline the deputy
25sheriff. Any determination of appropriate discipline made
26according to this Section against a deputy sheriff by the

 

 

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1sheriff shall be subject to an appeals process, if any,
2afforded by the collective bargaining agreement governing the
3employment of the deputy sheriff.
4    (h) The provisions of this Section shall not apply to:
5        (1) a deputy sheriff who has been assigned to consume
6    alcohol while on-duty and under appropriate supervision
7    for training purposes as approved by the sheriff;
8        (2) a deputy sheriff whose duty requirements run
9    counter to the provisions of this Section;
10        (3) a deputy sheriff who has been assigned by the
11    sheriff to work undercover, while his or her identity as a
12    deputy sheriff must remain undisclosed for purposes of that
13    assignment; and
14        (4) a deputy sheriff exempt under subsection (g) of
15    Section 10-1 of Article 10 of the Liquor Control Act of
16    1934.
17    (i) To the extent this Section conflicts with a collective
18bargaining agreement in effect on the effective date of this
19amendatory Act of the 98th General Assembly, the conflicting
20provision of this Section shall not apply until that collective
21bargaining agreement expires or is renewed, renegotiated, or
22superseded.
 
23    (55 ILCS 5/3-7018 new)
24    Sec. 3-7018. Zero tolerance alcohol policy.
25    (a) It is the intent of the General Assembly to maintain a

 

 

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1safe environment for the citizens of this State and to ensure
2that Cook County deputy sheriffs are not impaired in a manner
3that endangers themselves or others. Therefore, it is declared
4to be the public policy of this State to provide a work
5environment free of the use of alcohol and unlawful drugs by
6on-duty Cook County deputy sheriffs.
7    (b) The Cook County Sheriff shall adopt rules to implement
8this Section.
9    (c) Any person employed by the Cook County Sheriff as a
10deputy sheriff must comply with the alcohol use and testing
11requirements of the Cook County Sheriff.
12    (d) If a Cook County deputy sheriff's supervisor reasonably
13believes, based upon objective facts, that the Cook County
14deputy sheriff's ability to perform his or her duties safely
15and efficiently while on duty may be impaired by the
16consumption of alcohol, the supervisor shall:
17        (1) prevent the Cook County deputy sheriff from
18    continuing work;
19        (2) inform the Cook County deputy sheriff of the
20    specific facts supporting his or her belief and prepare a
21    written record of those facts;
22        (3) inform the Cook County deputy sheriff that he or
23    she will be tested for alcohol;
24        (4) inform the Cook County deputy sheriff that he or
25    she may refuse the test, but that refusal to submit to a
26    test for alcohol, ordered in accordance with the procedures

 

 

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1    of the Cook County Sheriff's office, shall be construed as
2    a positive result; and
3        (5) transport or cause the Cook County deputy sheriff
4    to be transported safely away from the Cook County
5    Sheriff's office.
6    (e) A test shall be construed as a positive result if the
7test shows a result of a blood alcohol content higher than
80.00%.
9    (f) A person employed as a Cook County deputy sheriff who
10tests positive in a test for the purpose of determining the
11alcohol content of the person's blood while on duty according
12to the procedures of the Cook County Sheriff shall be referred
13to the Cook County Sheriff Merit Board for appropriate
14discipline, if any, where the totality of the circumstances
15shall be considered.
16    (g) Upon a finding that a Cook County deputy sheriff has
17violated this Section, the Board shall appropriately
18discipline the Cook County deputy sheriff. Any determination of
19appropriate discipline made according to this Section against a
20Cook County deputy sheriff by the Board shall be subject to an
21appeals process, if any, afforded by the collective bargaining
22agreement governing the employment of the Cook County deputy
23sheriff.
24    (h) The provisions of this Section shall not apply to:
25        (1) a Cook County deputy sheriff who has been assigned
26    to consume alcohol while on-duty and under appropriate

 

 

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1    supervision for training purposes as approved by the Cook
2    County Sheriff;
3        (2) a Cook County deputy sheriff whose duty
4    requirements run counter to the provisions of this Section;
5        (3) a Cook County deputy sheriff who has been assigned
6    by the Cook County Sheriff to work undercover, while his or
7    her identity as a Cook County deputy sheriff must remain
8    undisclosed for purposes of that assignment; and
9        (4) a Cook County deputy sheriff exempt under
10    subsection (g) of Section 10-1 of Article 10 of the Liquor
11    Control Act of 1934.
12    (i) To the extent this Section conflicts with a collective
13bargaining agreement in effect on the effective date of this
14amendatory Act of the 98th General Assembly, the conflicting
15provision of this Section shall not apply until that collective
16bargaining agreement expires or is renewed, renegotiated, or
17superseded.
18    (j) A home rule unit may not regulate the discipline of a
19Cook County deputy sheriff who tests positive during a test for
20the purpose of determining the alcohol content of the person's
21blood in a manner that is inconsistent with this Section. This
22Section is a limitation under subsection (i) of Section 6 of
23Article VII of the Illinois Constitution on the concurrent
24exercise by home rule units of power and functions exercised by
25the State.
 

 

 

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1    Section 15. The Illinois Municipal Code is amended by
2adding Section 10-3-13 as follows:
 
3    (65 ILCS 5/10-3-13 new)
4    Sec. 10-3-13. Zero tolerance alcohol policy.
5    (a) It is the intent of the General Assembly to maintain a
6safe environment for the citizens of this State and to ensure
7that policemen are not impaired in a manner that endangers
8themselves or others. Therefore, it is declared to be the
9public policy of this State to provide a work environment free
10of the use of alcohol and unlawful drugs by on-duty policemen.
11    (b) The chief of police shall adopt rules to implement this
12Section.
13    (c) Any person employed by the police department of a
14municipality as a policeman must comply with the alcohol use
15and testing requirements of the police department.
16    (d) If a policeman's supervisor reasonably believes, based
17upon objective facts, that the policeman's ability to perform
18his or her duties safely and efficiently while on duty may be
19impaired by the consumption of alcohol, the supervisor shall:
20        (1) prevent the policeman from continuing work;
21        (2) inform the policeman of the specific facts
22    supporting his or her belief and prepare a written record
23    of those facts;
24        (3) inform the policeman that he or she will be tested
25    for alcohol;

 

 

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1        (4) inform the policeman that he or she may refuse the
2    test, but that refusal to submit to a test for alcohol,
3    ordered in accordance with the procedures of the police
4    department, shall be construed as a positive result; and
5        (5) transport or cause the policeman to be transported
6    safely away from the police department.
7    (e) A test shall be construed as a positive result if the
8test shows a result of a blood alcohol content higher than
90.00%.
10    (f) A person employed as a policeman who tests positive in
11a test for the purpose of determining the alcohol content of
12the person's blood while on duty according to the procedures of
13the police department shall be referred to the chief of police
14or other appropriate board or official for appropriate
15discipline, if any, where the totality of the circumstances
16shall be considered.
17    (g) Upon a finding that a policeman has violated this
18Section, the chief of police or other appropriate board or
19official shall appropriately discipline the policeman. Any
20determination of appropriate discipline made according to this
21Section against a policeman by the chief of police or other
22appropriate board or official shall be subject to an appeals
23process, if any, afforded by the collective bargaining
24agreement governing the employment of the policeman.
25    (h) The provisions of this Section shall not apply to:
26        (1) a policeman who has been assigned to consume

 

 

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1    alcohol while on-duty and under appropriate supervision
2    for training purposes as approved by the chief of police;
3        (2) a policeman whose duty requirements run counter to
4    the provisions of this Section;
5        (3) a policeman who has been assigned by the chief of
6    police to work undercover, while his or her identity as a
7    policeman must remain undisclosed for purposes of that
8    assignment; and
9        (4) a policeman exempt under subsection (g) of Section
10    10-1 of Article 10 of the Liquor Control Act of 1934.
11    (i) To the extent this Section conflicts with a collective
12bargaining agreement in effect on the effective date of this
13amendatory Act of the 98th General Assembly, the conflicting
14provision of this Section shall not apply until that collective
15bargaining agreement expires or is renewed, renegotiated, or
16superseded.
17    (j) A home rule unit may not regulate the discipline of a
18policeman who tests positive during a test for the purpose of
19determining the alcohol content of the person's blood in a
20manner that is inconsistent with this Section. This Section is
21a limitation under subsection (i) of Section 6 of Article VII
22of the Illinois Constitution on the concurrent exercise by home
23rule units of power and functions exercised by the State.
 
24    Section 20. The Illinois Vehicle Code is amended by adding
25Section 2-116.5 as follows:
 

 

 

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1    (625 ILCS 5/2-116.5 new)
2    Sec. 2-116.5. Zero tolerance alcohol policy.
3    (a) Purpose. It is the intent of the General Assembly to
4maintain a safe environment for the citizens of this State and
5to ensure that Secretary of State Department of Police officers
6are not impaired in a manner that endangers themselves or
7others. Therefore, it is declared to be the public policy of
8this State to provide a work environment free of the use of
9alcohol and unlawful drugs by on-duty Secretary of State
10Department of Police officers.
11    (b) The Secretary shall adopt rules to implement this
12Section.
13    (c) Any person employed as a Secretary of State Department
14of Police officer must comply with the alcohol use and testing
15requirements of the Secretary of State Department of Police.
16    (d) If a Secretary of State Department of Police officer's
17supervisor reasonably believes, based upon objective facts,
18that an officer's ability to perform his or her duties safely
19and efficiently while on duty may be impaired by the
20consumption of alcohol, the supervisor shall:
21        (1) prevent the officer from continuing work;
22        (2) inform the officer of the specific facts supporting
23    his or her belief and prepare a written record of those
24    facts;
25        (3) inform the officer that he or she will be tested

 

 

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1    for alcohol;
2        (4) inform the officer that he or she may refuse the
3    test, but that refusal to submit to a test for alcohol,
4    ordered in accordance with Departmental procedures, shall
5    be construed as a positive result; and
6        (5) transport or cause the officer to be transported
7    safely away from the Department.
8    (e) A test shall be construed as a positive result if the
9test shows a result of a blood alcohol content higher than
100.00%.
11    (f) A person employed as a Secretary of State Department of
12Police officer who tests positive in a test for the purpose of
13determining the alcohol content of the person's blood while on
14duty according to the procedures of the Secretary of State
15Department of Police shall be referred to the Director of
16Personnel as required by rule for appropriate discipline, if
17any, where the totality of the circumstances shall be
18considered.
19    (g) Upon a finding that an officer has violated this
20Section, the Director of Personnel shall appropriately
21discipline the officer. Any determination of appropriate
22discipline made according to this Section against an officer
23shall be subject to an appeals process, if any, afforded by the
24collective bargaining agreement governing the employment of
25the officer.
26    (h) The provisions of this Section shall not apply to:

 

 

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1        (1) an officer who has been assigned to consume alcohol
2    while on-duty and under appropriate supervision by a
3    superior officer for training purposes as approved by the
4    Director;
5        (2) an officer whose duty requirements run counter to
6    the provision of this Section;
7        (3) an officer who has been assigned by the Director to
8    work undercover, while his or her identity as a police
9    officer must remain undisclosed for purposes of that
10    assignment; and
11        (4) an officer exempt under subsection (g) of Section
12    10-1 of Article 10 of the Liquor Control Act of 1934.
13    (i) To the extent this Section conflicts with a collective
14bargaining agreement in effect on the effective date of this
15amendatory Act of the 98th General Assembly, the conflicting
16provision of this Section shall not apply until that collective
17bargaining agreement expires or is renewed, renegotiated, or
18superseded.".