HB2459sam002 99TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/5/2016

09900HB2459sam002 LRB099 07203 NHT 47024 a

AMENDMENT TO HOUSE BILL 2459

AMENDMENT NO. ______. Amend House Bill 2459 by replacing everything after the enacting clause with the following:

"Section 5. The Uniform Peace Officers' Disciplinary Act is amended by reenacting and changing Section 8 as follows:

(50 ILCS 725/8)

(Section scheduled to be repealed on April 1, 2016)

Sec. 8. Commission on Police Professionalism.

(a) Recognizing the need to review performance standards governing the professionalism of law enforcement agencies and officers in the 21st century, the General Assembly hereby creates the Commission on Police Professionalism.

(b) The Commission on Police Policing Standards and Professionalism shall be composed of the following members:

(1) one member of the Senate appointed by the President of the Senate;

(2) one member of the Senate appointed by the Senate Minority Leader;

(3) one member of the House of Representatives appointed by the Speaker of the House of Representatives;

(4) one member of the House of Representatives appointed by the House Minority Leader;

(5) one active duty law enforcement officer who is a member of a certified collective bargaining unit appointed by the Governor;

(6) one active duty law enforcement officer who is a member of a certified collective bargaining unit appointed by the President of the Senate;

(7) one active duty law enforcement officer who is a member of a certified collective bargaining unit appointed by the Senate Minority Leader;

(8) one active duty law enforcement officer who is a member of a certified collective bargaining unit appointed by the Speaker of the House of Representatives;

(9) one active duty law enforcement officer who is a member of a certified collective bargaining unit appointed by the House Minority Leader;

(10) the Director of State Police, or his or her designee;

(11) the Executive Director of the Law Enforcement Training Standards Board, or his or her designee;

(12) the Director of a statewide organization representing Illinois sheriffs;

(13) the Director of a statewide organization representing Illinois chiefs of police;

(14) the Director of a statewide fraternal organization representing sworn law enforcement officers in this State;

(15) the Director of a benevolent association representing sworn police officers in this State;

(16) the Director of a fraternal organization representing sworn law enforcement officers within the City of Chicago; and

(17) the Director of a fraternal organization exclusively representing sworn Illinois State Police officers.

(c) The President of the Senate and the Speaker of the House of Representatives shall each appoint a joint chairperson to the Commission. The Law Enforcement Training Standards Board shall provide administrative support to the Commission.

(d) The Commission shall meet regularly to review the current training and certification process for law enforcement officers, review the duties of the various types of law enforcement officers, including auxiliary officers, review the standards for the issuance of badges, shields, and other police and agency identification, and examine whether law enforcement officers should be licensed. For the purposes of this subsection (d), "badge" means an officer's department issued identification number associated with his or her position as a police officer with that Department.

(e) The Commission shall submit a report of its findings and legislative recommendations to the General Assembly and Governor on or before September 30 March 31, 2016.

(f) This Section is repealed on October April 1, 2016.

(g) The General Assembly finds and declares that:

(1) this amendatory Act of the 99th General Assembly manifests the intention of the General Assembly to extend the repeal of this Section and have this Section continue in effect until October 1, 2016; and

(2) any construction of this Section that results in the repeal of this Section on March 31, 2016 would be inconsistent with the manifest intent of the General Assembly. It is hereby declared to be the intent of the General Assembly that this Section not be subject to repeal on March 31, 2016.

This Section shall be deemed to have been in continuous effect since August 12, 2015 (the effective date of Public Act 99-352), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after March 31, 2016 are hereby validated. All actions taken in reliance on or pursuant to this Section by the Commission or any other person or entity are hereby validated.

In order to ensure the continuing effectiveness of this Section, it is set forth in full and reenacted by this amendatory Act of the 99th General Assembly. This reenactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 99th General Assembly.

This Section applies to all actions made on or before the effective date of this amendatory Act of the 99th General Assembly.

(Source: P.A. 99-352, eff. 8-12-15; 99-494, eff. 12-17-15.)

Section 99. Effective date. This Act takes effect upon becoming law.".