Full Text of HB4585 103rd General Assembly
HB4585ham001 103RD GENERAL ASSEMBLY | Rep. Anne Stava-Murray Filed: 4/17/2024 | | 10300HB4585ham001 | | LRB103 35769 AWJ 72390 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4585
| 2 | | AMENDMENT NO. ______. Amend House Bill 4585 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1136 as follows: | 6 | | (55 ILCS 5/5-1136) | 7 | | Sec. 5-1136. Quotas prohibited. A county may not establish | 8 | | or adopt an order, policy, ordinance, or resolution that would | 9 | | require a law enforcement officer to issue a specific number | 10 | | of citations within a designated period of time or require a | 11 | | law enforcement officer to meet an arrest quota. These | 12 | | prohibitions do . This prohibition shall not affect the | 13 | | conditions of any federal or State grants or funds awarded to | 14 | | the county and used to fund traffic enforcement programs. | 15 | | A county may not, for purposes of evaluating a law | 16 | | enforcement officer's job performance, compare the number of |
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| 1 | | citations issued or arrests completed by the law enforcement | 2 | | officer to the number of citations issued or arrests completed | 3 | | by any other law enforcement officer who has similar job | 4 | | duties. Nothing in this Section shall prohibit a county from | 5 | | evaluating a law enforcement officer based on the law | 6 | | enforcement officer's points of contact. | 7 | | For the purposes of this Section: | 8 | | (1) "Points of contact" means any quantifiable contact | 9 | | made in the furtherance of the law enforcement officer's | 10 | | duties, including, but not limited to, the number of | 11 | | traffic stops completed, calls for service, pedestrian | 12 | | stops completed, arrests, written warnings, and crime | 13 | | prevention measures , including community caretaking, order | 14 | | maintenance, consensual encounters, foot patrols, and | 15 | | business checks . " Points of contact " does shall not | 16 | | include either the issuance of citations , arrests | 17 | | completed, or the number of citations issued , or the | 18 | | number of arrests completed by a law enforcement officer. | 19 | | (2) "Law enforcement officer" includes any sheriff, | 20 | | undersheriff, deputy sheriff, county police officer, or | 21 | | other person employed by the county as a peace officer. | 22 | | (3) "Arrest quota" means a requirement regarding the | 23 | | number of arrests completed by a law enforcement officer, | 24 | | assessing value or points for an arrest for violation of a | 25 | | rule, petty offense, misdemeanor offense, or felony | 26 | | offense, or a proportion of those arrests completed |
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| 1 | | relative to the arrests completed by another law | 2 | | enforcement officer or group of law enforcement officers. | 3 | | A county may not use citations or arrests as criterion for | 4 | | law enforcement officers for promotion, demotion, dismissal, | 5 | | discipline, or the earning of benefits or merit pay provided | 6 | | by the county. In evaluating the performance of a law | 7 | | enforcement officer, overall job performance shall be | 8 | | considered and not the volume of citations issued or arrests | 9 | | completed. An evaluation may include, but is not limited to, | 10 | | attendance, punctuality, acceptance of feedback, work safety, | 11 | | self-sufficiency, performance under stress, communication | 12 | | skills, leadership, investigative skills, de-escalation, | 13 | | commendations, demeanor, formal training, education, and | 14 | | professional judgment. | 15 | | A home rule unit may not establish requirements for or | 16 | | assess the performance of law enforcement officers in a manner | 17 | | inconsistent with this Section. This Section is a denial and | 18 | | limitation of home rule powers and functions under subsection | 19 | | (g) of Section 6 of Article VII of the Illinois Constitution. | 20 | | A person or exclusive bargaining representative who is or | 21 | | whose members are aggrieved by a violation of this Section may | 22 | | bring a civil action in an appropriate circuit court for | 23 | | declaratory or injunctive relief with respect to the | 24 | | violation. If the person or the exclusive bargaining | 25 | | representative is the prevailing party, the court shall award | 26 | | a prevailing party reasonable attorney's fees and costs and |
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| 1 | | additional relief the court deems appropriate. This paragraph | 2 | | does not affect a right or remedy available under any other law | 3 | | of this State. | 4 | | (Source: P.A. 98-650, eff. 1-1-15 .) | 5 | | Section 10. The Illinois Municipal Code is amended by | 6 | | changing Section 11-1-12 as follows: | 7 | | (65 ILCS 5/11-1-12) | 8 | | Sec. 11-1-12. Quotas prohibited. A municipality may not | 9 | | establish or adopt an order, policy, ordinance, or resolution | 10 | | that would require a police officer to issue a specific number | 11 | | of citations within a designated period of time or require a | 12 | | police officer to meet an arrest quota. These prohibitions do . | 13 | | This prohibition shall not affect the conditions of any | 14 | | federal or State grants or funds awarded to the municipality | 15 | | and used to fund traffic enforcement programs. | 16 | | A municipality may not, for purposes of evaluating a | 17 | | police officer's job performance, compare the number of | 18 | | citations issued or arrests completed by the police officer to | 19 | | the number of citations issued or arrests completed by any | 20 | | other police officer who has similar job duties. Nothing in | 21 | | this Section shall prohibit a municipality from evaluating a | 22 | | police officer based on the police officer's points of | 23 | | contact. | 24 | | For the purposes of this Section : , |
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| 1 | | "Arrest quota" means a requirement regarding the number of | 2 | | arrests completed by a police officer, assessing value or | 3 | | points for an arrest for violation of a rule, petty offense, | 4 | | misdemeanor offense, or felony offense, or a proportion of | 5 | | those arrests completed relative to the arrests completed by | 6 | | another police officer or group of police officers. | 7 | | " Points points of contact" means any quantifiable contact | 8 | | made in the furtherance of the police officer's duties, | 9 | | including, but not limited to, the number of traffic stops | 10 | | completed, calls for service, pedestrian stops completed, | 11 | | arrests, written warnings, and crime prevention measures , | 12 | | including community caretaking, order maintenance, consensual | 13 | | encounters, foot patrols, and business checks . " Points of | 14 | | contact " does shall not include either the issuance of | 15 | | citations , arrests completed, or the number of citations | 16 | | issued , or the number of arrests completed by a police | 17 | | officer. | 18 | | A municipality may not use citations or arrests as | 19 | | criterion for police officers for promotion, demotion, | 20 | | dismissal, discipline, or the earning of benefits or merit pay | 21 | | provided by the municipality. In evaluating the performance of | 22 | | a police officer, overall job performance shall be considered | 23 | | and not the volume of citations issued or arrests completed. | 24 | | An evaluation may include, but is not limited to, attendance, | 25 | | punctuality, acceptance of feedback, work safety, | 26 | | self-sufficiency, performance under stress, communication |
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| 1 | | skills, leadership, investigative skills, de-escalation, | 2 | | commendations, demeanor, formal training, education, and | 3 | | professional judgment. | 4 | | A home rule municipality may not establish requirements | 5 | | for or assess the performance of police officers in a manner | 6 | | inconsistent with this Section. This Section is a denial and | 7 | | limitation of home rule powers and functions under subsection | 8 | | (g) of Section 6 of Article VII of the Illinois Constitution. | 9 | | A person or exclusive bargaining representative who is or | 10 | | whose members are aggrieved by a violation of this Section may | 11 | | bring a civil action in an appropriate circuit court for | 12 | | declaratory or injunctive relief with respect to the | 13 | | violation. If the person or the exclusive bargaining | 14 | | representative is the prevailing party, the court shall award | 15 | | a prevailing party reasonable attorney's fees and costs and | 16 | | additional relief the court deems appropriate. This paragraph | 17 | | does not affect a right or remedy available under any other law | 18 | | of this State. | 19 | | (Source: P.A. 100-1001, eff. 1-1-19 .)". |
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