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90_HB1485
New Act
Creates the University Police Officer Disciplinary Act.
Sets forth requirements for the place, time, and duration of
the interrogation. Requires disclosure of the subject of an
interrogation, the names of complainants, and the name, rank,
and unit or command of the officer in charge of the
investigation, interrogators, and all persons present during
any interrogation except at a public administrative
proceeding. Prohibits abusive and offensive language.
Requires a complete record of any interrogation and requires
that a complete transcript or copy be available to the
officer under investigation without charge. Requires the
officer to be advised of certain rights before interrogation.
Provides that the officer shall not be required to submit to
a polygraph or other test questioning method by means of any
chemical substance. Provides that the Act does not apply to
criminal charges against and officer. Prohibits retaliatory
actions.
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1 AN ACT concerning university police officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 University Police Officer Disciplinary Act.
6 Section 5. Definitions. As used in this Act:
7 "Officer" means a peace officer, as defined by Section
8 2-13 of the Criminal Code of 1961 who is employed by a State
9 university, is exempt from coverage under the Social Security
10 Act, and is not employed in a supervisory capacity.
11 "Informal inquiry" means a meeting by supervisory or
12 command personnel with an officer upon whom an allegation of
13 misconduct has come to the attention of the supervisory or
14 command personnel and the purpose of which is to mediate a
15 citizen complaint or discuss the facts to determine whether a
16 formal investigation should be commenced.
17 "Formal investigation" means the process of investigation
18 ordered by a commanding officer during which the questioning
19 of an officer is intended to gather evidence of misconduct
20 that may be the basis for filing charges seeking his or her
21 removal, discharge, or suspension in excess of 3 days.
22 "Interrogation" means the written or oral questioning of
23 an officer under the formal investigation procedures of a
24 university Department of Public Safety's written directives
25 that may be the basis for filing charges seeking his or her
26 suspension, removal, or discharge. "Interrogation" does not
27 include questioning (i) as part of an informal inquiry or
28 (ii) relating to minor infractions of agency rules that may
29 be noted on the officer's record but that will not, by
30 themselves, result in removal, discharge, or suspension of
31 the officer for more than 3 days.
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1 "Administrative proceeding" means any non-judicial
2 hearing that is authorized to recommend, approve, or order
3 the suspension, removal, or discharge of an officer.
4 Section 10. Interrogation of officer.
5 (a) Whenever an officer is subjected to an interrogation
6 within the meaning of this Act, the interrogation shall be
7 conducted under this Section.
8 (b) The interrogation shall take place at the facility
9 to which the investigating officer is assigned, or at the
10 facility that has jurisdiction over the place where the
11 incident under investigation allegedly occurred, as
12 designated by the investigating officer.
13 (c) No officer shall be subjected to interrogation
14 without first being informed in writing of the nature of the
15 investigation. If an administrative proceeding is initiated,
16 the officer shall be informed before the proceeding of the
17 names of all complainants. The information shall be
18 sufficient as to reasonably apprise the officer of the nature
19 of the investigation.
20 (d) All interrogations shall be conducted at a
21 reasonable time of day. Whenever the nature of the alleged
22 incident and operational requirements permit, interrogations
23 shall be conducted during the time when the officer is on
24 duty.
25 (e) The officer under investigation shall be informed of
26 the name, rank, and unit or command of the officer in charge
27 of the investigation, the interrogators, and all persons
28 present during any interrogation except at a public
29 administrative proceeding.
30 (f) Interrogation sessions shall be of reasonable
31 duration and shall permit the officer being interrogated
32 reasonable periods for rest and personal necessities.
33 (g) The officer being interrogated shall not be
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1 subjected to professional or personal abuse, including
2 offensive language.
3 Section 15. Records of Interrogation. A complete record
4 of any interrogation shall be made and a complete transcript
5 or copy of the record shall be available to the officer under
6 investigation without charge and without undue delay. The
7 record may be electronically recorded.
8 Section 20. Rights.
9 (a) No officer shall be interrogated without first being
10 advised in writing that an admission made during the course
11 of the interrogation may be used as evidence of misconduct or
12 as the basis for charges seeking suspension, removal, or
13 discharge and without first being advised in writing that he
14 or she has the right to counsel of his or her choosing who
15 may be present to advise him or her at any stage of the
16 interrogation.
17 (b) The officer under investigation shall have the right
18 to be represented by counsel of his or her choosing and may
19 request counsel at any time before or during interrogation.
20 When the request for counsel is made, no interrogation shall
21 proceed until reasonable time and opportunity are provided
22 for the officer to obtain counsel.
23 (c) If a collective bargaining agreement requires the
24 presence of a representative of the collective bargaining
25 unit during investigation, the representative shall be
26 present during the interrogation, unless this requirement is
27 waived by the officer being interrogated.
28 Section 25. Admissions or confessions. Admissions or
29 confessions obtained during the course of any interrogation
30 not conducted in accordance with this Act may not be used in
31 any subsequent disciplinary proceeding against the officer.
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1 Section 30. Questioning means. In the course of any
2 interrogation, an officer shall not be required to submit to
3 a polygraph test or any other test questioning method by
4 means of any chemical substance. A polygraph test, or any
5 other test questioning method by means of chemical substance,
6 may be used if the officer gives express written consent.
7 Refusal to submit to the test shall not result in any
8 disciplinary action. Refusal shall not be made part of his
9 or her record.
10 Section 35. Constitutional rights. The rights of an
11 officer set forth under this Act in disciplinary procedures
12 shall not diminish the rights and privileges of the officer
13 that are guaranteed to all citizens by the Constitution and
14 laws of the United States and of the State of Illinois.
15 Section 40. Application. This Act does not apply to any
16 officer charged with violating any provision of the Criminal
17 Code of 1961 or any other federal, State, or local criminal
18 law.
19 Section 45. Discrimination. An officer shall not be
20 discharged, disciplined, denied promotion or seniority,
21 transferred, reassigned, or otherwise discriminated against
22 in regard to his or her employment or be threatened with any
23 such treatment as retaliation for or by reason of his or her
24 exercise of the rights granted by this Act.