|
|
|
|
HB0675 Enrolled |
|
LRB096 05698 RCE 15764 b |
|
|
| 1 |
| AN ACT concerning State government.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The State Police Act is amended by changing |
| 5 |
| Section 14 as follows:
|
| 6 |
| (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
|
| 7 |
| Sec. 14. Except as is otherwise provided in this Act, no |
| 8 |
| Department of
State Police officer shall be removed, demoted or |
| 9 |
| suspended except for
cause, upon written charges filed with the |
| 10 |
| Board by the Director and a hearing
before the Board thereon |
| 11 |
| upon not less than 10 days' notice at a place to
be designated |
| 12 |
| by the chairman thereof. At such hearing, the accused shall
be |
| 13 |
| afforded full opportunity to be heard in his or her own defense |
| 14 |
| and
to produce proof in his or her defense. Anyone filing a |
| 15 |
| complaint against a State Police Officer must have the |
| 16 |
| complaint supported by a sworn affidavit.
Any such complaint, |
| 17 |
| having been supported by a sworn affidavit, and having been |
| 18 |
| found, in total or in part, to contain false information, shall |
| 19 |
| be presented to the appropriate State's Attorney for a |
| 20 |
| determination of prosecution.
|
| 21 |
| Before any such officer may be interrogated or examined by |
| 22 |
| or before the
Board, or by a departmental agent or investigator |
| 23 |
| specifically assigned
to conduct an internal investigation, |
|
|
|
HB0675 Enrolled |
- 2 - |
LRB096 05698 RCE 15764 b |
|
|
| 1 |
| the results of which hearing,
interrogation
or examination may |
| 2 |
| be the basis for filing charges seeking his or her
suspension |
| 3 |
| for more than 15 days or his or her removal or discharge,
he or |
| 4 |
| she shall be advised in writing as to what specific improper or
|
| 5 |
| illegal act he or she is alleged to have committed; he or she |
| 6 |
| shall
be advised in writing that his or her admissions made in |
| 7 |
| the course
of the hearing, interrogation or examination may be |
| 8 |
| used as the basis for
charges seeking his or her suspension, |
| 9 |
| removal or discharge; and he
or she shall be advised in writing |
| 10 |
| that he or she has a right to
counsel of his or her choosing, |
| 11 |
| who may be present to advise him or
her at any hearing, |
| 12 |
| interrogation or examination. A complete record of
any hearing, |
| 13 |
| interrogation or examination shall be made, and a complete
|
| 14 |
| transcript or electronic recording thereof shall be made |
| 15 |
| available to such
officer without charge and without delay.
|
| 16 |
| The Board shall have the power to secure by its subpoena
|
| 17 |
| both the attendance and testimony of witnesses and the |
| 18 |
| production of books
and papers in support of the charges and |
| 19 |
| for the defense. Each member of
the Board or a designated |
| 20 |
| hearing officer shall have the power to administer
oaths or |
| 21 |
| affirmations. If the charges against an accused are established
|
| 22 |
| by a preponderance of evidence, the Board shall make a finding |
| 23 |
| of guilty
and order either removal, demotion, suspension for a |
| 24 |
| period of not more
than 180 days, or such other disciplinary |
| 25 |
| punishment as may be prescribed
by the rules and regulations of |
| 26 |
| the Board which, in the opinion of the members
thereof, the |
|
|
|
HB0675 Enrolled |
- 3 - |
LRB096 05698 RCE 15764 b |
|
|
| 1 |
| offense merits. Thereupon the
Director shall direct such |
| 2 |
| removal or other punishment as ordered by the
Board and if the |
| 3 |
| accused refuses to abide by any such disciplinary
order, the |
| 4 |
| Director shall remove him or her forthwith.
|
| 5 |
| If the accused is found not guilty or has served a period |
| 6 |
| of suspension
greater than prescribed by the Board, the Board |
| 7 |
| shall order that the officer receive compensation for the |
| 8 |
| period involved.
The award of compensation shall include |
| 9 |
| interest at the rate of 7% per
annum.
|
| 10 |
| The Board may include in its order appropriate sanctions |
| 11 |
| based upon the
Board's rules and regulations. If the Board |
| 12 |
| finds that a party has made
allegations or denials without |
| 13 |
| reasonable cause or has engaged in frivolous
litigation for the |
| 14 |
| purpose of delay or needless increase in the cost of
|
| 15 |
| litigation, it may order that party to pay the other party's |
| 16 |
| reasonable
expenses, including costs and reasonable attorney's |
| 17 |
| fees. The State of
Illinois and the Department shall be subject |
| 18 |
| to these sanctions in the same
manner as other parties.
|
| 19 |
| In case of the neglect or refusal of any person to obey a |
| 20 |
| subpoena issued
by the Board, any circuit court, upon |
| 21 |
| application
of any member of the Board, may order such person |
| 22 |
| to appear before the Board
and give testimony or produce |
| 23 |
| evidence, and any failure to obey such order
is punishable by |
| 24 |
| the court as a contempt thereof.
|
| 25 |
| The provisions of the Administrative Review Law, and all |
| 26 |
| amendments and
modifications thereof, and the rules adopted |
|
|
|
HB0675 Enrolled |
- 4 - |
LRB096 05698 RCE 15764 b |
|
|
| 1 |
| pursuant thereto, shall apply
to and govern all proceedings for |
| 2 |
| the judicial review of any order of the
Board rendered pursuant |
| 3 |
| to the provisions of this Section.
|
| 4 |
| Notwithstanding the provisions of this Section, a policy |
| 5 |
| making
officer, as defined in the Employee Rights Violation |
| 6 |
| Act, of the Department
of State Police shall be discharged from |
| 7 |
| the Department of State Police as
provided in the Employee |
| 8 |
| Rights Violation Act, enacted by the 85th General
Assembly.
|
| 9 |
| (Source: P.A. 94-217, eff. 1-1-06.)
|
| 10 |
| Section 99. Effective date. This Act takes effect upon |
| 11 |
| becoming law.
|