093_HB2456eng

 
HB2456 Engrossed                     LRB093 07881 EFG 08071 b

 1        AN ACT in relation to fire fighters.

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

 4        Section  5.  The Firemen's Disciplinary Act is amended by
 5    changing Sections 2 and 3.2 as follows:

 6        (50 ILCS 745/2) (from Ch. 85, par. 2502)
 7        Sec. 2.  For the purposes of  this  Act,  unless  clearly
 8    required  otherwise,  the  terms defined in this Section have
 9    the meaning ascribed herein:
10        (a)  "Fireman" means a person who is a  "firefighter"  or
11    "fireman"  as  defined  in  Sections  4-106  or  6-106 of the
12    Illinois Pension Code,  and  includes  a  person  who  is  an
13    "employee"  as  defined  in  Section  15-107  of the Illinois
14    Pension Code and whose primary duties relate to firefighting.
15        (b)  "Informal inquiry" means a meeting by supervisory or
16    command personnel with a fireman upon whom an  allegation  of
17    misconduct  has  come to the attention of such supervisory or
18    command personnel, the purpose of which meeting is to mediate
19    a citizen complaint or discuss the facts to determine whether
20    a formal investigation should be commenced.
21        (c)  "Formal  investigation"   means   the   process   of
22    investigation  ordered  by  a commanding officer during which
23    the questioning of a fireman is intended to  gather  evidence
24    of  misconduct  which  may  be  the  basis for filing charges
25    seeking his or her removal,  discharge,  or  suspension  from
26    duty in excess of 3 calendar days (24 duty hours) 72 hours.
27        (d)  "Interrogation"  means  the questioning of a fireman
28    pursuant to an  investigation  initiated  by  the  respective
29    State  or  local  governmental  unit  in  connection  with an
30    alleged violation of such unit's rules which may be the basis
31    for filing charges seeking his or her suspension, removal, or
 
HB2456 Engrossed            -2-      LRB093 07881 EFG 08071 b
 1    discharge.  The term does not include questioning as part  of
 2    an  informal inquiry as to allegations of misconduct relating
 3    to minor infractions of agency rules which may  be  noted  on
 4    the  fireman's  record but which may not in themselves result
 5    in removal, discharge, or suspension from duty in excess of 3
 6    calendar days (24 duty hours) 72 hours.
 7        (e)  "Administrative proceeding" means  any  non-judicial
 8    hearing  which  is  authorized to recommend, approve or order
 9    the suspension, removal, or discharge of a fireman.
10    (Source: P.A. 85-606.)

11        (50 ILCS 745/3.2) (from Ch. 85, par. 2505)
12        Sec. 3.2.  No fireman shall be subjected  to  questioning
13    in  relation  to  an  allegation  of misconduct without first
14    being informed in writing of the allegations and whether  the
15    allegations,  if  proven,  involve  minor  infractions or may
16    result in removal, discharge,  or  suspension  from  duty  in
17    excess  of  3  calendar days (24 duty hours) 72 hours.  If an
18    administrative proceeding is instituted, the fireman shall be
19    informed beforehand of the names of all complainants and  all
20    information  necessary  to  reasonably apprise the fireman of
21    the nature of the charges and the preparation of a defense.
22    (Source: P.A. 85-606.)

23        Section 99. Effective date.  This Act takes  effect  upon
24    becoming law.