Illinois General Assembly - Full Text of HB3605
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Full Text of HB3605  102nd General Assembly

HB3605 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3605

 

Introduced 2/22/2021, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/14  from Ch. 121, par. 307.14
50 ILCS 725/3.8  from Ch. 85, par. 2561

    Amends the State Police Act. Provides that it is not a requirement of a person filing a complaint against a State Police Officer to have a complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit). Amends the Uniform Peace Officers' Disciplinary Act. Provides that it is not a requirement of a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit). Provides that the provision is a limitation of power on home rule units under the Illinois Constitution.


LRB102 03771 RLC 13784 b

 

 

A BILL FOR

 

HB3605LRB102 03771 RLC 13784 b

1    AN ACT concerning peace officers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Police Act is amended by changing
5Section 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
8Department of State Police officer shall be removed, demoted
9or suspended except for cause, upon written charges filed with
10the Board by the Director and a hearing before the Board
11thereon upon not less than 10 days' notice at a place to be
12designated by the chairman thereof. At such hearing, the
13accused shall be afforded full opportunity to be heard in his
14or her own defense and to produce proof in his or her defense.
15It is not a requirement of a person Anyone filing a complaint
16against a State Police Officer to must have a the complaint
17supported by a sworn affidavit or any other legal
18documentation. Any such complaint, having been supported by a
19sworn affidavit, and having been found, in total or in part, to
20contain false information, shall be presented to the
21appropriate State's Attorney for a determination of
22prosecution.
23    Before any such officer may be interrogated or examined by

 

 

HB3605- 2 -LRB102 03771 RLC 13784 b

1or before the Board, or by a departmental agent or
2investigator specifically assigned to conduct an internal
3investigation, the results of which hearing, interrogation or
4examination may be the basis for filing charges seeking his or
5her suspension for more than 15 days or his or her removal or
6discharge, he or she shall be advised in writing as to what
7specific improper or illegal act he or she is alleged to have
8committed; he or she shall be advised in writing that his or
9her admissions made in the course of the hearing,
10interrogation or examination may be used as the basis for
11charges seeking his or her suspension, removal or discharge;
12and he or she shall be advised in writing that he or she has a
13right to counsel of his or her choosing, who may be present to
14advise him or her at any hearing, interrogation or
15examination. A complete record of any hearing, interrogation
16or examination shall be made, and a complete transcript or
17electronic recording thereof shall be made available to such
18officer without charge and without delay.
19    The Board shall have the power to secure by its subpoena
20both the attendance and testimony of witnesses and the
21production of books and papers in support of the charges and
22for the defense. Each member of the Board or a designated
23hearing officer shall have the power to administer oaths or
24affirmations. If the charges against an accused are
25established by a preponderance of evidence, the Board shall
26make a finding of guilty and order either removal, demotion,

 

 

HB3605- 3 -LRB102 03771 RLC 13784 b

1suspension for a period of not more than 180 days, or such
2other disciplinary punishment as may be prescribed by the
3rules and regulations of the Board which, in the opinion of the
4members thereof, the offense merits. Thereupon the Director
5shall direct such removal or other punishment as ordered by
6the Board and if the accused refuses to abide by any such
7disciplinary order, the Director shall remove him or her
8forthwith.
9    If the accused is found not guilty or has served a period
10of suspension greater than prescribed by the Board, the Board
11shall order that the officer receive compensation for the
12period involved. The award of compensation shall include
13interest at the rate of 7% per annum.
14    The Board may include in its order appropriate sanctions
15based upon the Board's rules and regulations. If the Board
16finds that a party has made allegations or denials without
17reasonable cause or has engaged in frivolous litigation for
18the purpose of delay or needless increase in the cost of
19litigation, it may order that party to pay the other party's
20reasonable expenses, including costs and reasonable attorney's
21fees. The State of Illinois and the Department shall be
22subject to these sanctions in the same manner as other
23parties.
24    In case of the neglect or refusal of any person to obey a
25subpoena issued by the Board, any circuit court, upon
26application of any member of the Board, may order such person

 

 

HB3605- 4 -LRB102 03771 RLC 13784 b

1to appear before the Board and give testimony or produce
2evidence, and any failure to obey such order is punishable by
3the court as a contempt thereof.
4    The provisions of the Administrative Review Law, and all
5amendments and modifications thereof, and the rules adopted
6pursuant thereto, shall apply to and govern all proceedings
7for the judicial review of any order of the Board rendered
8pursuant to the provisions of this Section.
9    Notwithstanding the provisions of this Section, a policy
10making officer, as defined in the Employee Rights Violation
11Act, of the Department of State Police shall be discharged
12from the Department of State Police as provided in the
13Employee Rights Violation Act, enacted by the 85th General
14Assembly.
15(Source: P.A. 96-891, eff. 5-10-10.)
 
16    Section 10. The Uniform Peace Officers' Disciplinary Act
17is amended by changing Section 3.8 as follows:
 
18    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
19    Sec. 3.8. Admissions; counsel; verified complaint.
20    (a) No officer shall be interrogated without first being
21advised in writing that admissions made in the course of the
22interrogation may be used as evidence of misconduct or as the
23basis for charges seeking suspension, removal, or discharge;
24and without first being advised in writing that he or she has

 

 

HB3605- 5 -LRB102 03771 RLC 13784 b

1the right to counsel of his or her choosing who may be present
2to advise him or her at any stage of any interrogation.
3    (b) It is not a requirement for a person Anyone filing a
4complaint against a sworn peace officer to must have the
5complaint supported by a sworn affidavit or any other legal
6documentation. This subsection (b) of this Section is a
7limitation of the power of home rule units under Article VII,
8Section 6, paragraph (i) of the Illinois Constitution. Any
9complaint, having been supported by a sworn affidavit, and
10having been found, in total or in part, to contain knowingly
11false material information, shall be presented to the
12appropriate State's Attorney for a determination of
13prosecution.
14(Source: P.A. 97-472, eff. 8-22-11.)