Public Act 096-0922
 		





HB5668 Enrolled
LRB096 16929 RLJ 32242 b





  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

 
    Section 5. The Firemen's Disciplinary Act is amended  by 
changing Section 2 as follows:
 
    (50 ILCS 745/2)  (from Ch. 85, par. 2502)

    Sec. 2. Definitions. For the purposes of this Act, unless 
clearly required otherwise,
the terms defined in this Section 
have the meaning ascribed herein:


    (a) "Fireman" means a person who is a "firefighter" or 
"fireman" as defined
in Sections 4-106 or 6-106 of the Illinois 
Pension Code, a paramedic employed by a unit of local 
government, or an EMT employed by a unit of local government, 
and includes a person
who is an "employee" as defined in 
Section 15-107 of the Illinois Pension Code
and whose primary 
duties relate to firefighting.


    (b) "Informal inquiry" means a meeting by supervisory or 
command personnel
with a fireman upon whom an allegation of 
misconduct has come to the attention
of such supervisory or 
command personnel, the purpose of which meeting is
to mediate a 
citizen complaint or discuss the facts to determine whether
a 
formal investigation should be commenced.


    (c) "Formal investigation" means the process of 
investigation ordered
by a commanding officer during which the 
questioning of a fireman is intended
to gather evidence of 
misconduct which may be the basis for filing charges
seeking 
his or her removal, discharge, or suspension from duty in

excess of 24 duty hours.


    (d) "Interrogation" means the questioning of a fireman 
pursuant to an
investigation initiated by the respective State 
or local governmental
unit in connection with an alleged 
violation of such unit's rules which may
be the basis for 
filing charges seeking his or her suspension, removal, or

discharge.  The term does not include questioning as part of an 
informal
inquiry as to allegations of misconduct relating to 
minor infractions of
agency rules which may be noted on the 
fireman's record but which may not in
themselves result in 
removal, discharge, or suspension from duty in
excess of 24 
duty hours.


    (e) "Administrative proceeding" means any non-judicial 
hearing which
is authorized to recommend, approve or order the 
suspension, removal, or
discharge of a fireman.


(Source: P.A. 94-188, eff. 7-12-05.)

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