96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5068


 
Introduced 1/29/2010, by Rep. Patrick J. Verschoore
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Public Safety Officer Protection Act.  Provides that a public employer shall reimburse a public safety officer for reasonable attorney's fees incurred by the officer in connection with any criminal proceeding arising from the officer's conduct in the performance of official duties unless, in relation to that conduct, any of the following applies: (1) the officer is convicted of a crime; (2) the officer's employment is terminated for cause;  or (3) the officer resigns for reasons other than retirement or disability before the attorney's fees are incurred.  Provides that a public  employer, including a home rule unit, that employs a full-time public safety officer may not provide benefits to that officer in a manner inconsistent with the requirements of the Act.
















LRB096 16754 RLC 32047 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB5068

LRB096 16754 RLC 32047 b






1
    AN ACT concerning public safety officers.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 1. Short title. This Act may be cited as the Public 
5
Safety Officer Protection Act.
 
6
    Section 5. Declaration of State interest.  The General 
7
Assembly determines and declares that the provisions of this 
8
Act fulfill an important State interest.
 
9
    Section 10. Definitions.  In this Section:
10
    "Criminal proceeding" means any criminal action or 
11
proceeding brought in State or federal court.
12
    "Public employer" means the State of Illinois or any unit 
13
of local government (including any home rule unit), any State 
14
supported college or university, or any other public entity 
15
granted the power to employ public safety officers.

16
    "Public safety officer" means a peace officer, law 
17
enforcement officer, emergency medical technician, first 
18
responder, fire fighter, or correctional officer.
 
19
    Section 15. Public employer reimbursement of public safety 
20
officer.  A public employer shall reimburse a public safety 
21
officer for reasonable attorney's fees incurred by the officer 
 


 






HB5068
- 2 -
LRB096 16754 RLC 32047 b




1
in connection with any criminal proceeding arising from the 
2
officer's conduct in the performance of official duties unless, 
3
in relation to that conduct, any of the following applies:
4
    (1) the officer is convicted of a crime;
5
    (2) the officer's employment is terminated for cause; or
6
    (3) the officer resigns for reasons other than retirement 
7
or disability before the attorney's fees are incurred.

 
8
    Section 20. Home rule preemption. A public  employer, 
9
including a home rule unit, that employs a full-time public 
10
safety officer may not provide benefits to that officer in a 
11
manner inconsistent with the requirements of this Act. This Act 
12
is a limitation under subsection (i) of Section 6 of Article 
13
VII of the Illinois Constitution on the concurrent exercise of 
14
powers and functions exercised by the State.