Rep. Christian L. Mitchell

Filed: 5/26/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1843 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Uniform Peace Officers' Disciplinary Act is
5amended by reenacting and changing Section 8 as follows:
6    (50 ILCS 725/8)
7    Sec. 8. Commission on Police Professionalism.
8    (a) Recognizing the need to review performance standards
9governing the professionalism of law enforcement agencies and
10officers in the 21st century, the General Assembly hereby
11creates the Commission on Police Professionalism.
12    (b) The Commission on Police Policing Standards and
13Professionalism shall be composed of the following members:
14        (1) one member of the Senate appointed by the President
15    of the Senate;
16        (2) one member of the Senate appointed by the Senate



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1    Minority Leader;
2        (3) one member of the House of Representatives
3    appointed by the Speaker of the House of Representatives;
4        (4) one member of the House of Representatives
5    appointed by the House Minority Leader;
6        (5) one active duty law enforcement officer who is a
7    member of a certified collective bargaining unit appointed
8    by the Governor;
9        (6) one active duty law enforcement officer who is a
10    member of a certified collective bargaining unit appointed
11    by the President of the Senate;
12        (7) one active duty law enforcement officer who is a
13    member of a certified collective bargaining unit appointed
14    by the Senate Minority Leader;
15        (8) one active duty law enforcement officer who is a
16    member of a certified collective bargaining unit appointed
17    by the Speaker of the House of Representatives;
18        (9) one active duty law enforcement officer who is a
19    member of a certified collective bargaining unit appointed
20    by the House Minority Leader;
21        (10) the Director of State Police, or his or her
22    designee;
23        (11) the Executive Director of the Law Enforcement
24    Training Standards Board, or his or her designee;
25        (12) the Director of a statewide organization
26    representing Illinois sheriffs;



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1        (13) the Director of a statewide organization
2    representing Illinois chiefs of police;
3        (14) the Director of a statewide fraternal
4    organization representing sworn law enforcement officers
5    in this State;
6        (15) the Director of a benevolent association
7    representing sworn police officers in this State;
8        (16) the Director of a fraternal organization
9    representing sworn law enforcement officers within the
10    City of Chicago; and
11        (17) the Director of a fraternal organization
12    exclusively representing sworn Illinois State Police
13    officers.
14    (c) The President of the Senate and the Speaker of the
15House of Representatives shall each appoint a joint chairperson
16to the Commission. The Law Enforcement Training Standards Board
17shall provide administrative support to the Commission.
18    (d) The Commission shall meet regularly to review the
19current training and certification process for law enforcement
20officers, review the duties of the various types of law
21enforcement officers, including auxiliary officers, review the
22standards for the issuance of badges, shields, and other police
23and agency identification, review officer-involved shooting
24investigation policies, review policies and practices
25concerning the use of force and misconduct by law enforcement
26officers, and examine whether law enforcement officers should



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1be licensed. For the purposes of this subsection (d), "badge"
2means an officer's department issued identification number
3associated with his or her position as a police officer with
4that Department.
5    (e) The Commission shall submit a report of its findings
6and legislative recommendations to the General Assembly and
7Governor on or before September 30, 2018 March 31, 2016.
8    (f) This Section is repealed on December 31, 2018 April 1,
10    (g) The General Assembly finds and declares that this
11amendatory Act of the 100th General Assembly manifests the
12intention of the General Assembly to extend the repeal of this
13Section and have this Section continue in effect until December
1431, 2018.
15    This Section shall be deemed to have been in continuous
16effect since August 12, 2015 (the effective date of Public Act
1799-352), and it shall continue to be in effect henceforward
18until it is otherwise lawfully repealed. All previously enacted
19amendments to this Section taking effect on or after April 1,
202016 are hereby validated. All actions taken in reliance on or
21under this Section by the Commission or any other person or
22entity are hereby validated.
23    In order to ensure the continuing effectiveness of this
24Section, it is set forth in full and reenacted by this
25amendatory Act of the 100th General Assembly. This reenactment
26is intended as a continuation of this Section. It is not



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1intended to supersede any amendment to this Section that is
2enacted by the 100th General Assembly.
3    This Section applies to all actions made on or before the
4effective date of this amendatory Act of the 100th General
6(Source: P.A. 99-352, eff. 8-12-15; 99-494, eff. 12-17-15.)
7    Section 10. The State's Attorneys Appellate Prosecutor's
8Act is amended by changing Section 4.01 as follows:
9    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)
10    Sec. 4.01. (a) The Office and all attorneys employed
11thereby may represent the People of the State of Illinois on
12appeal in all cases which emanate from a county containing less
13than 3,000,000 inhabitants, when requested to do so and at the
14direction of the State's Attorney, otherwise responsible for
15prosecuting the appeal, and may, with the advice and consent of
16the State's Attorney prepare, file and argue such appellate
17briefs in the Illinois Appellate Court and, when requested and
18authorized to do so by the Attorney General, in the Illinois
19Supreme Court.
20    (b) Notwithstanding the population restriction contained
21in subsection (a), the The Office may also assist County
22State's Attorneys in the discharge of their duties under the
23Illinois Controlled Substances Act, the Cannabis Control Act,
24the Methamphetamine Control and Community Protection Act, the



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1Drug Asset Forfeiture Procedure Act, the Narcotics Profit
2Forfeiture Act, and the Illinois Public Labor Relations Act,
3including negotiations conducted on behalf of a county or
4pursuant to an intergovernmental agreement as well as in the
5trial and appeal of said cases and of tax objections, and the
6counties which use services relating to labor relations shall
7reimburse the Office on pro-rated shares as determined by the
8board based upon the population and number of labor relations
9cases of the participating counties. In addition, the Office
10and all attorneys employed by the Office may also assist
11State's Attorneys in the discharge of their duties in the
12prosecution, trial, or hearing on post-conviction of other
13cases when requested to do so by, and at the direction of, the
14State's Attorney otherwise responsible for the case. In
15addition, the Office and all attorneys employed by the Office
16may act as Special Prosecutor if duly appointed to do so by a
17court having jurisdiction. To be effective, the order
18appointing the Office or its attorneys as Special Prosecutor
19must (i) identify the case and its subject matter and (ii)
20state that the Special Prosecutor serves at the pleasure of the
21Attorney General, who may substitute himself or herself as the
22Special Prosecutor when, in his or her judgment, the interest
23of the people of the State so requires. Within 5 days after
24receiving a copy of an order from the court appointing the
25Office or any of its attorneys as a Special Prosecutor, the
26Office must forward a copy of the order to the Springfield



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1office of the Attorney General.
2(Source: P.A. 97-1012, eff. 8-17-12.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".