HB0221 99TH GENERAL ASSEMBLY

LRB099 03973 RJF 23990 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0221

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:

New Act

Creates the Investigation and Review of Deaths Involving Officers Act. Requires law enforcement agencies to have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that agency. Allows law enforcement agencies to conduct internal investigations into officer-involved deaths, as long as they do not interfere with other investigations under this Act. Requires release of investigation reports to the public if no charges are filed against the officer. Provides for compensation through intergovernmental or interagency agreements for participation in an investigation of an officer-involved death. Defines "law enforcement agency", "law enforcement officer", and "officer-involved death".

A BILL FOR

AN ACT concerning officer-involved deaths.

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

Section 1. Short title. This Act may be cited as the Investigation and Review of Deaths Involving Officers Act.

Section 5. Definitions.

"Law enforcement agency" means an agency of this State or unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.

"Law enforcement officer" or "officer" means any person employed by this State, or by a county, municipality, or township of this State, as a policeman, peace officer, or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life.

"Officer-involved death" means any death of an individual that results directly from an action or an omission of a law enforcement officer while the officer is on duty or while the officer is off duty, but performing activities that are within the scope of his or her law enforcement duties.

Section 10. Written policy.

(a) Each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that agency. The written policy shall require the following:

(1) An investigation conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator and neither of whom is employed by a law enforcement agency that employs a law enforcement officer involved in the officer-involved death.

(2) The investigators conducting the investigation shall, in an expeditious manner, provide a complete report to the State's Attorney of the county in which the officer-involved death occurred.

(3) If the officer-involved death is traffic-related, the investigation shall use an accident reconstruction unit from a law enforcement agency that does not employ a law enforcement officer involved in the officer-involved death under investigation.

(4) If the State's Attorney determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, the investigators shall publicly release a report.

Section 15. Intra-agency investigations.

(a) This Act shall not prohibit any law enforcement agency from conducting an internal investigation into the officer-involved death if the internal investigation does not interfere with the investigation conducted according to the policy under Section 10 of this Act.

(b) Compensation for participation in an investigation of an officer-involved death may be determined in an intergovernmental or interagency agreement.