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90_HB1485eng
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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HB1485 Engrossed LRB9003024DNmb
1 AN ACT to amend the Uniform Peace Officers' Disciplinary
2 Act by changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Peace Officers' Disciplinary Act
6 is amended by changing Section 2 as follows:
7 (50 ILCS 725/2) (from Ch. 85, par. 2552)
8 Sec. 2. For the purposes of this Act, unless clearly
9 required otherwise, the terms defined in this Section have
10 the meaning ascribed herein:
11 (a) "Officer" means any peace officer, as defined by
12 Section 2-13 of the Criminal Code of 1961, as now or
13 hereafter amended, who is employed by any unit of local
14 government or a State college or university, including
15 supervisory, and command personnel, and any pay-grade
16 investigator for the Secretary of State as defined in Section
17 14-110 of the Illinois Pension Code, not including Secretary
18 of State sergeants, lieutenants, commanders or investigator
19 trainees. The term does not include crossing guards, parking
20 enforcement personnel, traffic wardens or employees of any
21 State's Attorney's office.
22 (b) "Informal inquiry" means a meeting by supervisory or
23 command personnel with an officer upon whom an allegation of
24 misconduct has come to the attention of such supervisory or
25 command personnel, the purpose of which meeting is to mediate
26 a citizen complaint or discuss the facts to determine whether
27 a formal investigation should be commenced.
28 (c) "Formal investigation" means the process of
29 investigation ordered by a commanding officer during which
30 the questioning of an officer is intended to gather evidence
31 of misconduct which may be the basis for filing charges
HB1485 Engrossed -2- LRB9003024DNmb
1 seeking his or her removal, discharge or suspension in excess
2 of 3 days.
3 (d) "Interrogation" means the questioning of an officer
4 pursuant to the formal investigation procedures of the
5 respective State agency or local governmental unit in
6 connection with an alleged violation of such agency's or
7 unit's rules which may be the basis for filing charges
8 seeking his or her suspension, removal, or discharge. The
9 term does not include questioning (1) as part of an informal
10 inquiry or (2) relating to minor infractions of agency rules
11 which may be noted on the officer's record but which may not
12 in themselves result in removal, discharge or suspension in
13 excess of 3 days.
14 (e) "Administrative proceeding" means any non-judicial
15 hearing which is authorized to recommend, approve or order
16 the suspension, removal, or discharge of an officer.
17 (Source: P.A. 86-281.)