(50 ILCS 725/1) (from Ch. 85, par. 2551)
Sec. 1.
This Act shall be known and may be cited as the "Uniform Peace
Officers' Disciplinary Act".
(Source: P.A. 83-981.)
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(50 ILCS 725/2) (from Ch. 85, par. 2552)
Sec. 2. For the purposes of this Act, unless clearly required otherwise,
the terms defined in this Section have the meaning ascribed herein:
(a) "Officer" means any peace officer, as defined by Section 2-13 of the
Criminal Code of 2012, who is employed by
any unit of local government or a State college or university, including
supervisory and command personnel,
and any pay-grade investigator for the Secretary of State as
defined in Section 14-110 of the Illinois Pension Code, including
Secretary of State sergeants, lieutenants, commanders, and investigator
trainees. The term does not include crossing guards, parking enforcement
personnel, traffic wardens or employees of any State's Attorney's office.
(b) "Informal inquiry" means a meeting by supervisory or command personnel
with an officer upon whom an allegation of misconduct has come to the attention
of such supervisory or command personnel, the purpose of which meeting is
to mediate a citizen complaint or discuss the facts to determine whether
a formal investigation should be commenced.
(c) "Formal investigation" means the process of investigation ordered
by a commanding officer during which the questioning of an officer is intended
to gather evidence of misconduct which may be the basis for filing charges
seeking his or her removal, discharge or suspension in excess of 3 days.
(d) "Interrogation" means the questioning of an officer pursuant to
the formal investigation procedures of the respective State agency or local
governmental unit in connection with an alleged violation of such agency's
or unit's rules which may be the basis for filing charges seeking his or
her suspension, removal, or discharge. The term does not include
questioning (1) as part of an informal inquiry or (2) relating to minor
infractions of agency rules which may be noted on the officer's record but
which may not in themselves result in removal, discharge or suspension in
excess of 3 days.
(e) "Administrative proceeding" means any non-judicial hearing which is
authorized to recommend, approve or order the suspension, removal, or
discharge of an officer.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(50 ILCS 725/3) (from Ch. 85, par. 2553)
Sec. 3.
Whenever an officer is subjected to an interrogation within
the meaning of this Act, the interrogation shall be conducted pursuant to
Sections 3.1 through 3.11 of this Act.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.1) (from Ch. 85, par. 2554)
Sec. 3.1.
The interrogation shall take place at the facility to which
the investigating officer is assigned, or at the precinct or police facility
which has jurisdiction over the place where the incident under investigation
allegedly occurred, as designated by the investigating officer.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.2) (from Ch. 85, par. 2555)
Sec. 3.2.
No officer shall be subjected to interrogation without first
being informed in writing of the nature of the investigation. The information shall be sufficient as to reasonably
apprise the officer of the nature of the investigation.
(Source: P.A. 101-652, eff. 7-1-21.)
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(50 ILCS 725/3.3) (from Ch. 85, par. 2556)
Sec. 3.3.
All interrogations shall be conducted at a reasonable time
of day. Whenever the nature of the alleged incident and operational requirements
permit, interrogations shall be conducted during the time when the officer is on duty.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.4) (from Ch. 85, par. 2557)
Sec. 3.4. The officer under investigation shall be informed in writing of the
interrogators and all persons who will be present on the behalf of the employer during any interrogation except
at a public administrative proceeding. The officer under investigation shall inform the employer of any person who will be present on his or her behalf during any interrogation except at a public administrative hearing.
(Source: P.A. 101-652, eff. 7-1-21.)
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(50 ILCS 725/3.5) (from Ch. 85, par. 2558)
Sec. 3.5.
Interrogation sessions shall be of reasonable duration and
shall permit the officer interrogated reasonable periods for rest and personal
necessities.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.6) (from Ch. 85, par. 2559)
Sec. 3.6.
The officer being interrogated shall not be subjected to
professional or personal abuse, including offensive language.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.7) (from Ch. 85, par. 2560)
Sec. 3.7.
A complete record of any interrogation shall be made, and
a complete transcript or copy shall be made available to the officer under
investigation without charge and without undue delay. Such record may be
electronically recorded.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.8) (from Ch. 85, par. 2561)
Sec. 3.8. Admissions; counsel; verified complaint.
(a) No officer shall be interrogated without first being advised
in writing that admissions made in the course of the interrogation may be
used as evidence of misconduct or as the basis for charges seeking suspension,
removal, or discharge; and without first being advised in writing that he
or she has the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
(b) It shall not be a requirement for a person filing a complaint against a sworn peace officer to have the
complaint supported by a sworn affidavit or any other legal documentation. This ban on an affidavit requirement shall apply to any collective bargaining agreements entered after the effective date of this provision.
(Source: P.A. 101-652, eff. 7-1-21.)
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(50 ILCS 725/3.9) (from Ch. 85, par. 2562)
Sec. 3.9.
The officer under investigation shall have the right to be
represented by counsel of his or her choosing and may request counsel at
any time before or during interrogation. When such request for counsel
is made, no interrogation shall proceed until reasonable time and opportunity
are provided the officer to obtain counsel.
If a collective bargaining agreement requires the presence of a representative
of the collective bargaining unit during investigations, such representative
shall be present during the interrogation, unless this requirement is waived
by the officer being interrogated.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.10) (from Ch. 85, par. 2563)
Sec. 3.10.
Admissions or confessions obtained during the course of
any interrogation not conducted in accordance with this Act may not be utilized
in any subsequent disciplinary proceeding against the officer.
(Source: P.A. 83-981.)
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(50 ILCS 725/3.11) (from Ch. 85, par. 2564)
Sec. 3.11.
In the course of any interrogation no officer shall be required
to submit to a polygraph test, or any other test questioning by means of
any chemical substance, except with the officer's express written consent.
Refusal to submit to such tests shall not result in any disciplinary action
nor shall such refusal be made part of his or her record.
(Source: P.A. 83-981.)
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(50 ILCS 725/4) (from Ch. 85, par. 2565)
Sec. 4.
The rights of officers in disciplinary procedures set forth
under this Act shall not diminish the rights and privileges of officers
that are guaranteed to all citizens by the Constitution and laws of the
United States and of the State of Illinois.
(Source: P.A. 83-981.)
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(50 ILCS 725/5) (from Ch. 85, par. 2566)
Sec. 5.
This Act does not apply to any officer charged with violating
any provisions of the Criminal Code of 1961, the Criminal Code of 2012, or any other federal, State,
or local criminal law.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(50 ILCS 725/6) (from Ch. 85, par. 2567)
Sec. 6. (Repealed).
(Source: P.A. 100-911, eff. 8-17-18. Repealed by P.A. 101-652, eff. 7-1-21.)
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(50 ILCS 725/7) (from Ch. 85, par. 2568)
Sec. 7.
No officer shall be discharged, disciplined, demoted, denied
promotion or seniority, transferred, reassigned or otherwise discriminated
against in regard to his or her employment, or be threatened with any such
treatment as retaliation for or by reason of his or her exercise of the
rights granted by this Act.
(Source: P.A. 83-981.)
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(50 ILCS 725/7.2) Sec. 7.2. Possession of a Firearm Owner's Identification Card. An employer of an officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the officer's Firearm Owner's Identification Card is revoked or seized because the officer has been a patient of a mental health facility and the officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Nothing in this Section shall otherwise impair an employer's ability to determine an officer's fitness for duty. On and after August 17, 2018 (the effective date of Public Act 100-911), Section 6 of this Act shall not apply to the prohibition requiring a Firearm Owner's Identification Card as a condition of continued employment, but a collective bargaining agreement already in effect on that issue on August 17, 2018 (the effective date of Public Act 100-911) cannot be modified. The employer shall document if and why an officer has been determined to pose a clear and present danger. (Source: P.A. 103-605, eff. 7-1-24.) |
(50 ILCS 725/7.5) Sec. 7.5. (Repealed).
(Source: P.A. 100-1155, eff. 12-19-18. Repealed internally, eff. 7-1-19.) |
(50 ILCS 725/8) Sec. 8. (Repealed).
(Source: P.A. 99-494, eff. 12-17-15. Repealed internally, eff. 4-1-16.) |