HB0539 Enrolled

LRB095 07261 HLH 27398 b






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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Uniform Peace Officers' Disciplinary Act is 
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amended  by changing Section 2 as follows:
 



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    (50 ILCS 725/2)  (from Ch. 85, par. 2552)



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

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    (a) "Officer" means any peace officer, as defined by 
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Section 2-13 of the
Criminal Code of 1961, as now or hereafter 
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amended, who is employed by
any unit of local government or a 
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State college or university, including
supervisory and command 
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personnel,
and any pay-grade investigator for the Secretary of 
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State as
defined in Section 14-110 of the Illinois Pension 
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Code, not including
Secretary of State sergeants, lieutenants, 
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commanders, and
or investigator
trainees.  The term does not 
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include crossing guards, parking enforcement
personnel, 
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traffic wardens or employees of any State's Attorney's office.

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    (b) "Informal inquiry" means a meeting by supervisory or 
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command personnel
with an officer upon whom an allegation of 
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misconduct has come to the attention
of such supervisory or 
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command personnel, the purpose of which meeting is
to mediate a 
 


 






HB0539 Enrolled
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LRB095 07261 HLH 27398 b




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citizen complaint or discuss the facts to determine whether
a 
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formal investigation should be commenced.

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    (c) "Formal investigation" means the process of 
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investigation ordered
by a commanding officer during which the 
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questioning of an officer is intended
to gather evidence of 
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misconduct which may be the basis for filing charges
seeking 
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his or her removal, discharge or suspension in excess of 3 
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days.

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    (d) "Interrogation" means the questioning of an officer 
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pursuant to
the formal investigation procedures of the 
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respective State agency or local
governmental unit in 
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connection with an alleged violation of such agency's
or unit's 
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rules which may be the basis for filing charges seeking his or

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her suspension, removal, or discharge.  The term does not 
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include
questioning (1) as part of an informal inquiry or (2) 
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relating to minor
infractions of agency rules which may be 
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noted on the officer's record but
which may not in themselves 
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result in removal, discharge or suspension in
excess of 3 days.

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

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(Source: P.A. 90-577, eff. 1-1-99.)