State of Illinois
90th General Assembly

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      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
HB1485 Re-Enrolled                             LRB9003024DNmb
 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
HB1485 Re-Enrolled          -2-                LRB9003024DNmb
 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.

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