Public Act 90-0577 of the 90th General Assembly

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Public Act 90-0577

HB1485 Re-Enrolled                             LRB9003024DNmb

    AN ACT in regard to State services.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Uniform Peace Officers' Disciplinary Act
is amended by changing Section 2 as follows:

    (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  1961,  as  now or
hereafter amended, 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, not including  Secretary
of  State  sergeants, lieutenants, commanders or 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. 86-281.)

    Section 15.  The Law Enforcement Officers  Civil  Defense
Workers,  Civil  Air  Patrol  Members,  Paramedics,  Firemen,
Chaplains, and State Employees Compensation Act is amended by
adding Section 3.5 as follows:

    (820 ILCS 315/3.5 new)
    Sec.  3.5.  Burial  benefit.  A burial benefit of up to a
maximum of $10,000 shall be payable to the  surviving  spouse
or  estate  of  a  law  enforcement officer or fireman who is
killed in the line of duty on or after the effective date  of
this amendatory Act of 1997.
    The  Attorney General and the Court of Claims may jointly
adopt rules and procedures for  the  implementation  of  this

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