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90_HB1485ren
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 in regard to State services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Uniform Peace Officers' Disciplinary Act
5 is amended by changing Section 2 as follows:
6 (50 ILCS 725/2) (from Ch. 85, par. 2552)
7 Sec. 2. For the purposes of this Act, unless clearly
8 required otherwise, the terms defined in this Section have
9 the meaning ascribed herein:
10 (a) "Officer" means any peace officer, as defined by
11 Section 2-13 of the Criminal Code of 1961, as now or
12 hereafter amended, who is employed by any unit of local
13 government or a State college or university, including
14 supervisory, and command personnel, and any pay-grade
15 investigator for the Secretary of State as defined in Section
16 14-110 of the Illinois Pension Code, not including Secretary
17 of State sergeants, lieutenants, commanders or investigator
18 trainees. The term does not include crossing guards, parking
19 enforcement personnel, traffic wardens or employees of any
20 State's Attorney's office.
21 (b) "Informal inquiry" means a meeting by supervisory or
22 command personnel with an officer upon whom an allegation of
23 misconduct has come to the attention of such supervisory or
24 command personnel, the purpose of which meeting is to mediate
25 a citizen complaint or discuss the facts to determine whether
26 a formal investigation should be commenced.
27 (c) "Formal investigation" means the process of
28 investigation ordered by a commanding officer during which
29 the questioning of an officer is intended to gather evidence
30 of misconduct which may be the basis for filing charges
31 seeking his or her removal, discharge or suspension in excess
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1 of 3 days.
2 (d) "Interrogation" means the questioning of an officer
3 pursuant to the formal investigation procedures of the
4 respective State agency or local governmental unit in
5 connection with an alleged violation of such agency's or
6 unit's rules which may be the basis for filing charges
7 seeking his or her suspension, removal, or discharge. The
8 term does not include questioning (1) as part of an informal
9 inquiry or (2) relating to minor infractions of agency rules
10 which may be noted on the officer's record but which may not
11 in themselves result in removal, discharge or suspension in
12 excess of 3 days.
13 (e) "Administrative proceeding" means any non-judicial
14 hearing which is authorized to recommend, approve or order
15 the suspension, removal, or discharge of an officer.
16 (Source: P.A. 86-281.)
17 Section 15. The Law Enforcement Officers Civil Defense
18 Workers, Civil Air Patrol Members, Paramedics, Firemen,
19 Chaplains, and State Employees Compensation Act is amended by
20 adding Section 3.5 as follows:
21 (820 ILCS 315/3.5 new)
22 Sec. 3.5. Burial benefit. A burial benefit of up to a
23 maximum of $10,000 shall be payable to the surviving spouse
24 or estate of a law enforcement officer or fireman who is
25 killed in the line of duty on or after the effective date of
26 this amendatory Act of 1997.
27 The Attorney General and the Court of Claims may jointly
28 adopt rules and procedures for the implementation of this
29 Section.