Full Text of HB5303 100th General Assembly
HB5303ham001 100TH GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5303
| 2 | | AMENDMENT NO. ______. Amend House Bill 5303 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 3-7011 and 3-7012 and by adding Section 3-7018 as | 6 | | follows:
| 7 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
| 8 | | Sec. 3-7011. Disciplinary measures. Disciplinary measures
| 9 | | prescribed by the Board may be taken by the sheriff for the
| 10 | | punishment of infractions of the rules and regulations | 11 | | promulgated
by the Board. Such disciplinary measures may | 12 | | include suspension
of any deputy sheriff in the County Police | 13 | | Department, any
full-time deputy sheriff not employed as a | 14 | | county police officer
or county corrections officer and any | 15 | | employee in the County
Department of Corrections for a | 16 | | reasonable period for all discipline less than termination , not |
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| 1 | | exceeding
30 days, without complying with the provisions of | 2 | | Section 3-7012 hereof.
| 3 | | (Source: P.A. 86-962.)
| 4 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
| 5 | | Sec. 3-7012. Removal , demotion or suspension . Except as is
| 6 | | otherwise provided in this Division, no deputy sheriff in
the | 7 | | County Police Department, no full-time deputy sheriff not | 8 | | employed
as a county police officer or county corrections | 9 | | officer and no employee in
the County Department of Corrections | 10 | | shall be removed , demoted or suspended
except for cause, upon | 11 | | written charges filed with the Board by the Sheriff
and a | 12 | | hearing before the Board , or a hearing officer designated by | 13 | | the Board, thereon upon not less than 10 days' notice
at a | 14 | | place to be designated by the chairman thereof. At such | 15 | | hearing, the
accused deputy sheriff shall be afforded full | 16 | | opportunity to be heard in
his or her own defense and to | 17 | | produce proof in his or her defense. The
Board , or a hearing | 18 | | officer designated by the Board, shall have the power to secure | 19 | | by its subpoena both the attendance
and testimony of witnesses | 20 | | and the production of books and papers in
support of the | 21 | | charges and for the defense. The fees of witnesses for
| 22 | | attendance and travel shall be the same as the fees of | 23 | | witnesses before the
circuit courts of this State, and shall be | 24 | | paid in the same manner as other
expenses of the Board. Each | 25 | | member of the Board , and hearing officers designated by the |
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| 1 | | Board, shall have the power to
administer oaths or | 2 | | affirmations. If the charges against an accused deputy
sheriff | 3 | | are established by a preponderance of evidence, the Board , or a | 4 | | hearing officer designated by the Board, shall
make a finding | 5 | | of guilty and order either removal , demotion, suspension for
a | 6 | | period of not more than 180 days, or such other disciplinary | 7 | | punishment
as may be prescribed by the rules and regulations of | 8 | | the Board which, in
the opinion of the members thereof, the | 9 | | offense merits. The Board shall render its decision no later | 10 | | than 90 days following the conclusion of any hearings conducted | 11 | | under the provisions of this Section. Thereupon the
sheriff | 12 | | shall direct such removal or other punishment as ordered by the
| 13 | | Board and if the accused deputy sheriff refuses to abide by any | 14 | | such
disciplinary order, the sheriff shall remove him or her | 15 | | forthwith.
| 16 | | In case of the neglect or refusal of any person to obey a | 17 | | subpoena
issued by the Board, or a hearing officer designated | 18 | | by the Board, any circuit court or a judge thereof, upon | 19 | | application
of any member of the Board, or a hearing officer | 20 | | designated by the Board, may order such person to appear before | 21 | | the
Board and give testimony or produce evidence, and any | 22 | | failure to obey such
order is punishable by the court as a | 23 | | contempt thereof.
| 24 | | The provisions of the Administrative Review Law,
and all | 25 | | amendments and modifications thereof, and the rules adopted
| 26 | | pursuant thereto, shall apply to and govern all proceedings for |
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| 1 | | the
judicial review of any order of the Board rendered pursuant | 2 | | to the
provisions of this Section.
| 3 | | (Source: P.A. 86-962.)
| 4 | | (55 ILCS 5/3-7018 new) | 5 | | Sec. 3-7018. Collective bargaining. Nothing in this | 6 | | Division shall be used to supplant or undermine existing | 7 | | agreements or proscribe future agreements achieved by | 8 | | collective bargaining, nor shall the provisions of this | 9 | | Division diminish the rights and protections under the Illinois | 10 | | Public Labor Relations Act.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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