Full Text of SB0695 100th General Assembly
SB0695 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0695 Introduced 1/30/2017, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/3-7000.5 new | | 55 ILCS 5/3-7002 | from Ch. 34, par. 3-7002 | 55 ILCS 5/3-7003 | from Ch. 34, par. 3-7003 | 55 ILCS 5/3-7005 | from Ch. 34, par. 3-7005 | 55 ILCS 5/3-7008 | from Ch. 34, par. 3-7008 | 55 ILCS 5/3-7011 | from Ch. 34, par. 3-7011 | 55 ILCS 5/3-7012 | from Ch. 34, par. 3-7012 | 55 ILCS 5/3-7012.5 new | | 55 ILCS 5/3-7018 new | | 55 ILCS 5/3-7007 rep. | |
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Amends the Cook County Sheriff's Merit Board Division of the Counties Code. Abolishes the current Cook County Sheriff's Merit Board. Creates the Cook County Sheriff's Merit Board to exercise all functions of the former Merit Board. Provides for the functions and operation of the Cook County Sheriff's Merit Board, including appointment, composition, powers, responsibilities, and rulemaking. Provides that the Sheriff of Cook County is solely responsible for the adjudication of all disciplinary measures against a sworn officer when the recommended punishment for the violation alleged is the suspension of the sworn officer for a period not exceeding 30 days. Effective January 1, 2018.
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| | A BILL FOR |
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| 1 | | AN ACT concerning law enforcement.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 3-7002, 3-7003, 3-7005, 3-7008, 3-7011, and 3-7012 and | 6 | | adding Sections 3-7000.5, 3-7012.5, and 3-7018 as follows: | 7 | | (55 ILCS 5/3-7000.5 new) | 8 | | Sec. 3-7000.5. Definitions. As used in this Division: | 9 | | "Board" means the Cook County Sheriff's Merit Board created | 10 | | under subsection (b) of Section 3-7002. | 11 | | "Sheriff" means the Sheriff of Cook County. | 12 | | "Sworn officer" means a deputy sheriff, deputy sergeant, | 13 | | deputy lieutenant, corrections officer, corrections sergeant, | 14 | | corrections lieutenant, police officer, police sergeant, | 15 | | police lieutenant, or any other person hired or promoted by the | 16 | | Sheriff and earning the relevant sworn merit rank.
| 17 | | (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
| 18 | | Sec. 3-7002. Cook County Sheriff's Merit Board. | 19 | | (a) On the effective date of this amendatory Act of 100th | 20 | | General Assembly, the terms of all members of the Board created | 21 | | under this subsection (a) are ended and the Board created under | 22 | | this subsection (a) is abolished. There is created the
Cook |
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| 1 | | County Sheriff's Merit Board, hereinafter called the Board, | 2 | | consisting
of 7 members appointed by the Sheriff with the | 3 | | advice and consent of
the county
board, except that on and | 4 | | after the effective date of this amendatory Act of
1997, the | 5 | | Sheriff may appoint 2 additional members, with the advice and
| 6 | | consent of the county board, at his or her discretion. Of the | 7 | | members first
appointed, one shall serve until the third Monday | 8 | | in March, 1965 one until the
third Monday in March, 1967, and | 9 | | one until the third Monday in March, 1969. Of
the 2 additional | 10 | | members first appointed under authority of this amendatory Act
| 11 | | of 1991, one shall serve until the third Monday in March, 1995, | 12 | | and one until
the third Monday in March, 1997.
Of the 2 | 13 | | additional members first appointed under the authority of this
| 14 | | amendatory Act of
the 91st General Assembly, one shall serve | 15 | | until the third Monday in March,
2005 and
one shall serve until | 16 | | the third Monday in March, 2006.
| 17 | | Upon the expiration of the terms of office of those first | 18 | | appointed
(including the 2 additional members first appointed | 19 | | under authority of
this amendatory Act of 1991 and under the | 20 | | authority of this amendatory Act of
the
91st General Assembly), | 21 | | their respective successors shall be
appointed to hold office | 22 | | from the third Monday in March of the year of
their respective | 23 | | appointments for a term of 6 years and until their
successors | 24 | | are appointed and qualified for a like term. As additional
| 25 | | members are appointed under authority of this amendatory Act of | 26 | | 1997, their
terms shall be set to be staggered consistently |
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| 1 | | with the terms of the existing
Board members. No more than 3
| 2 | | members of the Board shall be affiliated with the same | 3 | | political party,
except that as additional members are | 4 | | appointed by the Sheriff under authority
of this amendatory Act | 5 | | of 1997 and under the authority of this amendatory Act
of the | 6 | | 91st General Assembly, the political affiliation of the Board | 7 | | shall be
such that no more than one-half of the members plus | 8 | | one additional member may
be affiliated with the same political | 9 | | party. No member shall have held or have
been a candidate for | 10 | | an elective public office within one year preceding his or
her | 11 | | appointment.
| 12 | | The Sheriff may deputize members of the Board. | 13 | | (b) On the effective date of this amendatory Act of the | 14 | | 100th General Assembly, there is created the Cook County | 15 | | Sheriff's Merit Board, consisting
of 5 full-time members | 16 | | appointed by the Sheriff with the advice and consent of
the | 17 | | county
board who should have the following qualifications: one | 18 | | member who is an employee or agent representing the interests | 19 | | of labor unions; one member who is or was employed by a law | 20 | | enforcement agency and was responsible for investigating | 21 | | disciplinary cases; one member who is or was engaged in | 22 | | academic research relating to criminal justice at an | 23 | | institution of higher learning; one member who is or was | 24 | | affiliated with a not-for-profit prison reform entity; and one | 25 | | member who is or was involved with a not-for-profit community | 26 | | or civic organization. Of the members initially appointed to |
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| 1 | | the Board, 2 shall serve until the first Monday in March of | 2 | | 2019, one shall serve until the first Monday in March of 2020, | 3 | | one shall serve until the first Monday in March of 2021, and | 4 | | one shall serve until the first Monday in March of 2022, | 5 | | thereafter all members shall be appointed for terms of 4 years. | 6 | | Members shall serve until their successors are appointed and | 7 | | qualified. Whenever a vacancy in the office of member shall | 8 | | occur, the Sheriff shall, with the advice and consent of the | 9 | | county board, appoint a person to serve for the remainder of | 10 | | the unexpired term. No more than 3
members of the Board shall | 11 | | be affiliated with the same political party.
| 12 | | It is the intent of the General Assembly that the Cook | 13 | | County Sheriff's Merit Board created under this subsection (b) | 14 | | shall act as the successor agency to the former Merit Board | 15 | | created under subsection (a) of this Section for purposes of | 16 | | the former Merit Board's responsibilities. | 17 | | The Cook County Sheriff's Merit Board shall inherit and | 18 | | subsume all written charges filed before the former Merit Board | 19 | | created under subsection (a) of this Section and all decisions | 20 | | and actions of the former Merit Board made pursuant to Sections | 21 | | 3-7006, 3-7007, 3-7008, 3-7009, 3-7010, or 3-7012 and prior to | 22 | | the effective date of this amendatory Act of the 100th General | 23 | | Assembly and may preside over, amend, correct, or defend these | 24 | | decisions and actions as required or permitted by law. | 25 | | The Cook County Sheriff's Merit Board shall ensure that all | 26 | | applicable federal and State laws are followed and enforced. |
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| 1 | | The Cook County Sheriff's Merit Board shall ensure that the | 2 | | hiring and promotional practices of sworn officers by the | 3 | | Sheriff's Office reflect the diverse demographics of the | 4 | | residents of Cook County and that those priorities give | 5 | | preference to honorably discharged veterans of the Armed Forces | 6 | | of the United States of America. | 7 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | 8 | | 90-655, eff.
7-30-98; 91-722, eff. 6-2-00.)
| 9 | | (55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
| 10 | | Sec. 3-7003. Compensation and expenses of board members. | 11 | | Each member of the Board shall receive an annual salary as | 12 | | determined by the county board; the county board may provide | 13 | | additional compensation for service as chairman or secretary. | 14 | | Each member shall be reimbursed for expenses necessarily | 15 | | incurred in discharging the duties of his or her office. Such | 16 | | compensation and reimbursement shall be paid by the county. | 17 | | Members shall not accept or engage in outside employment | 18 | | without first having obtained the permission of the Sheriff. | 19 | | Each
member of the Board shall receive compensation for
each | 20 | | day during which he is engaged in transacting the business of | 21 | | the
Board and, in addition thereto, his actual traveling and | 22 | | other expenses
necessarily incurred in discharging the duties | 23 | | of his office. No member of
the Board shall receive | 24 | | compensation of more than $25,000 in
any
fiscal year, except | 25 | | that
the Chairman shall receive compensation of no
more than |
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| 1 | | $30,000 in any fiscal year. Such compensation expenses shall
be | 2 | | paid by the county.
| 3 | | (Source: P.A. 91-722, eff. 6-2-00.)
| 4 | | (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
| 5 | | Sec. 3-7005. Meetings. | 6 | | As soon as practicable after the members
of the Board have | 7 | | been appointed, they shall meet, upon the call of the
Sheriff, | 8 | | and shall organize by selecting a chairman and a secretary. The
| 9 | | initial chairman and secretary, and their successors, shall be | 10 | | selected by
the Board from among its members for a term of 2 | 11 | | years or for the remainder
of their term of office as a member | 12 | | of the Board, whichever is the shorter.
Three Two members of | 13 | | the Board shall constitute a quorum for
the transaction of
| 14 | | business , except that as additional members are appointed under | 15 | | authority of
this amendatory Act of 1997, the number of members | 16 | | that must be present to
constitute a quorum shall be the number | 17 | | of members that constitute at least 40%
of the Board . The Board | 18 | | shall hold regular quarterly meetings and such other
meetings | 19 | | as may be called by the chairman. The Board shall meet at the | 20 | | call of the Sheriff for the purpose of naming a successor | 21 | | chairman or secretary whenever there is a vacancy in either of | 22 | | those offices, or to transact any other business before the | 23 | | Board.
| 24 | | (Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; | 25 | | 90-655, eff.
7-30-98.)
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| 1 | | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
| 2 | | Sec. 3-7008. Appointments. The appointment of deputy | 3 | | sheriffs in the
Police Department, full-time deputy sheriffs | 4 | | not employed as county police
officers or county corrections | 5 | | officers and of employees in the Department
of Corrections | 6 | | shall be made from those applicants who have been certified
by | 7 | | the Board as being qualified for appointment. Certification for
| 8 | | appointment in one department shall not constitute | 9 | | certification for
appointment in another department. All | 10 | | persons so appointed shall, at the
time of their appointment, | 11 | | be not less than 21 years of age, or 20 years of
age and have | 12 | | successfully completed 2 years of law enforcement studies at
an | 13 | | accredited college or university. Any person appointed | 14 | | subsequent to
successful completion of 2 years of such law | 15 | | enforcement studies shall not
have power of arrest, nor shall | 16 | | he or she be permitted to carry firearms,
until he or she | 17 | | reaches 21 years of age. In addition,
all persons so appointed | 18 | | shall be not more than the maximum age limit fixed
by the Board | 19 | | from time to time, be of sound mind and body, be of good moral
| 20 | | character, be citizens of the United States, have not been | 21 | | convicted of a crime
which the Board considers to be | 22 | | detrimental to the applicant's ability to
carry out his or her | 23 | | duties, possess such prerequisites of training, education
and | 24 | | experience as the Board may from time to time prescribe, and | 25 | | shall be
required to pass successfully mental, physical, |
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| 1 | | psychiatric and other tests
and examinations as may be | 2 | | prescribed by the Board. Preference shall be
given in such | 3 | | appointments to persons who have honorably served in the
| 4 | | military or naval services of the United States. Before | 5 | | entering upon his
or her duties, each deputy sheriff in the | 6 | | County Police Department shall
execute a good and sufficient | 7 | | bond, payable to the People of the State of
Illinois, in the | 8 | | penal sum of $1,000 and to the Sheriff of the County where
he | 9 | | or she is employed in the sum of $10,000, conditioned on the | 10 | | faithful
performance of his or her duties. All appointees shall | 11 | | serve a
probationary period of 12 months and during that period | 12 | | may be discharged
at the will of the Sheriff. However, civil | 13 | | service employees of the house
of correction who have certified | 14 | | status at the time of the transfer of the
house of correction | 15 | | to the County Department of Corrections are not subject
to this | 16 | | probationary period, and they shall retain their job titles, | 17 | | such
tenure privileges as are now enjoyed and any subsequent | 18 | | title changes shall
not cause reduction in rank or elimination | 19 | | of positions.
| 20 | | (Source: P.A. 86-962.)
| 21 | | (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
| 22 | | Sec. 3-7011. Disciplinary measures. In Cook County, the | 23 | | Sheriff, or his or her designee, is solely responsible for the | 24 | | adjudication of all disciplinary measures against a sworn | 25 | | officer when the maximum punishment for the violation alleged |
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| 1 | | is the suspension of the sworn officer for a period not | 2 | | exceeding 30 days. Any allegation against a sworn officer which | 3 | | would result in suspension for a period of greater than 30 days | 4 | | shall be adjudicated as provided under Section 3-7012. | 5 | | Disciplinary measures
prescribed by the Board may be taken by | 6 | | the sheriff for the
punishment of infractions of the rules and | 7 | | regulations promulgated
by the Board. Such disciplinary | 8 | | measures may include suspension
of any deputy sheriff in the | 9 | | County Police Department, any
full-time deputy sheriff not | 10 | | employed as a county police officer
or county corrections | 11 | | officer and any employee in the County
Department of | 12 | | Corrections for a reasonable period, not exceeding
30 days, | 13 | | without complying with the provisions of Section 3-7012 hereof.
| 14 | | (Source: P.A. 86-962.)
| 15 | | (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
| 16 | | Sec. 3-7012. Removal, demotion or suspension. Except as is
| 17 | | otherwise provided in Section 3-7011 this Division , no deputy | 18 | | sheriff in
the County Police Department, no full-time deputy | 19 | | sheriff not employed
as a county police officer or county | 20 | | corrections officer and no employee in
the County Department of | 21 | | Corrections shall be removed, demoted or suspended
except for | 22 | | cause, upon written charges filed with the Board by the Sheriff
| 23 | | and a hearing before the Board thereon upon not less than 10 | 24 | | days' notice
at a place to be designated by the chairman | 25 | | thereof. At such hearing, the
accused deputy sheriff shall be |
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| 1 | | afforded full opportunity to be heard in
his or her own defense | 2 | | and to produce proof in his or her defense. The
Board shall | 3 | | have the power to secure by its subpoena both the attendance
| 4 | | and testimony of witnesses and the production of books and | 5 | | papers in
support of the charges and for the defense. The fees | 6 | | of witnesses for
attendance and travel shall be the same as the | 7 | | fees of witnesses before the
circuit courts of this State, and | 8 | | shall be paid in the same manner as other
expenses of the | 9 | | Board. Each member of the Board shall have the power to
| 10 | | administer oaths or affirmations. If the charges against an | 11 | | accused deputy
sheriff are established by a preponderance of | 12 | | evidence, the Board shall
make a finding of guilty and order | 13 | | either removal, demotion, suspension for
a period of not more | 14 | | than 180 days, or such other disciplinary punishment
as may be | 15 | | prescribed by the rules and regulations of the Board which, in
| 16 | | the opinion of the members thereof, the offense merits. | 17 | | Thereupon the
sheriff shall direct such removal or other | 18 | | punishment as ordered by the
Board and if the accused deputy | 19 | | sheriff refuses to abide by any such
disciplinary order, the | 20 | | sheriff shall remove him or her forthwith.
| 21 | | In case of the neglect or refusal of any person to obey a | 22 | | subpoena
issued by the Board, any circuit court or a judge | 23 | | thereof, upon application
of any member of the Board, may order | 24 | | such person to appear before the
Board and give testimony or | 25 | | produce evidence, and any failure to obey such
order is | 26 | | punishable by the court as a contempt thereof.
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| 1 | | The provisions of the Administrative Review Law,
and all | 2 | | amendments and modifications thereof, and the rules adopted
| 3 | | pursuant thereto, shall apply to and govern all proceedings for | 4 | | the
judicial review of any order of the Board rendered pursuant | 5 | | to the
provisions of this Section.
| 6 | | (Source: P.A. 86-962.)
| 7 | | (55 ILCS 5/3-7012.5 new) | 8 | | Sec. 3-7012.5. Rulemaking. The Board shall adopt rules and | 9 | | procedures for its operation and to carry out its functions | 10 | | under this Division, except that the Board may not delegate its | 11 | | power under Section 3-7012 to hear and decide matters before it | 12 | | to any person or entity. | 13 | | (55 ILCS 5/3-7018 new) | 14 | | Sec. 3-7018. Annual reports. On January 31, 2019, and on | 15 | | January 31 of each year thereafter, the Board shall publish an | 16 | | annual report, which shall be available on the website of the | 17 | | Cook County Sheriff. The annual report of the Board shall | 18 | | contain a summary of hiring and promotions of the preceding | 19 | | year, together with a summary of the Board's disciplinary | 20 | | proceedings of the preceding year. | 21 | | (55 ILCS 5/3-7007 rep.) | 22 | | Section 10. The Counties Code is amended by repealing | 23 | | Section 3-7007.
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2018.
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