Bill Text: IL HB0152 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Public Labor Relations Act. Provides that on or after the effective date of the amendatory Act, any provision in a collective bargaining agreement that would limit the ability of a public employer to investigate the conduct of an employee of the public employer is declared to be against public policy and unenforceable unless the limitation is otherwise required by State or federal law. Amends the State Police Act. Provides that the Department of State Police shall adopt a procedure to bypass the requirement that a complaint must be supported by a sworn affidavit against a State Police Officer. Amends the Uniform Peace Officers' Disciplinary Act. Provides that every unit of local government with a law enforcement agency, and every law enforcement agency not part of a unit of local government, shall establish procedures to bypass the requirement that the complaint must be supported by a sworn affidavit against a sworn peace officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-13 - To Workforce Development Subcommittee [HB0152 Detail]

Download: Illinois-2019-HB0152-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0152

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
5 ILCS 315/20 from Ch. 48, par. 1620
20 ILCS 2610/14 from Ch. 121, par. 307.14
50 ILCS 725/3.8 from Ch. 85, par. 2561

Amends the Illinois Public Labor Relations Act. Provides that on or after the effective date of the amendatory Act, any provision in a collective bargaining agreement that would limit the ability of a public employer to investigate the conduct of an employee of the public employer is declared to be against public policy and unenforceable unless the limitation is otherwise required by State or federal law. Amends the State Police Act. Provides that the Department of State Police shall adopt a procedure to bypass the requirement that a complaint must be supported by a sworn affidavit against a State Police Officer. Amends the Uniform Peace Officers' Disciplinary Act. Provides that every unit of local government with a law enforcement agency, and every law enforcement agency not part of a unit of local government, shall establish procedures to bypass the requirement that the complaint must be supported by a sworn affidavit against a sworn peace officer.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Labor Relations Act is
5amended by changing Section 20 as follows:
6 (5 ILCS 315/20) (from Ch. 48, par. 1620)
7 Sec. 20. Prohibitions.
8 (a) Nothing in this Act shall be construed to require an
9individual employee to render labor or service without his
10consent, nor shall anything in this Act be construed to make
11the quitting of his labor by an individual employee an illegal
12act; nor shall any court issue any process to compel the
13performance by an individual employee of such labor or service,
14without his consent; nor shall the quitting of labor by an
15employee or employees in good faith because of abnormally
16dangerous conditions for work at the place of employment of
17such employee be deemed a strike under this Act.
18 (b) This Act shall not be applicable to units of local
19government employing less than 5 employees at the time the
20Petition for Certification or Representation is filed with the
21Board. This prohibition shall not apply to bargaining units in
22existence on the effective date of this Act and units of local
23government employing more than 5 employees where the total

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1number of employees falls below 5 after the Board has certified
2a bargaining unit.
3 (c) On or after the effective date of this amendatory Act
4of the 101st General Assembly, any provision in a collective
5bargaining agreement that would limit the ability of a public
6employer to investigate the conduct of an employee of the
7public employer is declared to be against public policy and
8unenforceable unless the limitation is otherwise required by
9State or federal law.
10(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; 94-67,
11eff. 1-1-06.)
12 Section 10. The State Police Act is amended by changing
13Section 14 as follows:
14 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
15 Sec. 14. Except as is otherwise provided in this Act, no
16Department of State Police officer shall be removed, demoted or
17suspended except for cause, upon written charges filed with the
18Board by the Director and a hearing before the Board thereon
19upon not less than 10 days' notice at a place to be designated
20by the chairman thereof. At such hearing, the accused shall be
21afforded full opportunity to be heard in his or her own defense
22and to produce proof in his or her defense. Anyone filing a
23complaint against a State Police Officer must have the
24complaint supported by a sworn affidavit. The Department of

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1State Police shall adopt a procedure to bypass the requirement
2that a complaint must be supported by a sworn affidavit against
3a State Police Officer. Any such complaint, having been
4supported by a sworn affidavit, and having been found, in total
5or in part, to contain false information, shall be presented to
6the appropriate State's Attorney for a determination of
7prosecution.
8 Before any such officer may be interrogated or examined by
9or before the Board, or by a departmental agent or investigator
10specifically assigned to conduct an internal investigation,
11the results of which hearing, interrogation or examination may
12be the basis for filing charges seeking his or her suspension
13for more than 15 days or his or her removal or discharge, he or
14she shall be advised in writing as to what specific improper or
15illegal act he or she is alleged to have committed; he or she
16shall be advised in writing that his or her admissions made in
17the course of the hearing, interrogation or examination may be
18used as the basis for charges seeking his or her suspension,
19removal or discharge; and he or she shall be advised in writing
20that he or she has a right to counsel of his or her choosing,
21who may be present to advise him or her at any hearing,
22interrogation or examination. A complete record of any hearing,
23interrogation or examination shall be made, and a complete
24transcript or electronic recording thereof shall be made
25available to such officer without charge and without delay.
26 The Board shall have the power to secure by its subpoena

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1both the attendance and testimony of witnesses and the
2production of books and papers in support of the charges and
3for the defense. Each member of the Board or a designated
4hearing officer shall have the power to administer oaths or
5affirmations. If the charges against an accused are established
6by a preponderance of evidence, the Board shall make a finding
7of guilty and order either removal, demotion, suspension for a
8period of not more than 180 days, or such other disciplinary
9punishment as may be prescribed by the rules and regulations of
10the Board which, in the opinion of the members thereof, the
11offense merits. Thereupon the Director shall direct such
12removal or other punishment as ordered by the Board and if the
13accused refuses to abide by any such disciplinary order, the
14Director shall remove him or her forthwith.
15 If the accused is found not guilty or has served a period
16of suspension greater than prescribed by the Board, the Board
17shall order that the officer receive compensation for the
18period involved. The award of compensation shall include
19interest at the rate of 7% per annum.
20 The Board may include in its order appropriate sanctions
21based upon the Board's rules and regulations. If the Board
22finds that a party has made allegations or denials without
23reasonable cause or has engaged in frivolous litigation for the
24purpose of delay or needless increase in the cost of
25litigation, it may order that party to pay the other party's
26reasonable expenses, including costs and reasonable attorney's

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1fees. The State of Illinois and the Department shall be subject
2to these sanctions in the same manner as other parties.
3 In case of the neglect or refusal of any person to obey a
4subpoena issued by the Board, any circuit court, upon
5application of any member of the Board, may order such person
6to appear before the Board and give testimony or produce
7evidence, and any failure to obey such order is punishable by
8the court as a contempt thereof.
9 The provisions of the Administrative Review Law, and all
10amendments and modifications thereof, and the rules adopted
11pursuant thereto, shall apply to and govern all proceedings for
12the judicial review of any order of the Board rendered pursuant
13to the provisions of this Section.
14 Notwithstanding the provisions of this Section, a policy
15making officer, as defined in the Employee Rights Violation
16Act, of the Department of State Police shall be discharged from
17the Department of State Police as provided in the Employee
18Rights Violation Act, enacted by the 85th General Assembly.
19(Source: P.A. 96-891, eff. 5-10-10.)
20 Section 15. The Uniform Peace Officers' Disciplinary Act is
21amended by changing Section 3.8 as follows:
22 (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
23 Sec. 3.8. Admissions; counsel; verified complaint.
24 (a) No officer shall be interrogated without first being

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1advised in writing that admissions made in the course of the
2interrogation may be used as evidence of misconduct or as the
3basis for charges seeking suspension, removal, or discharge;
4and without first being advised in writing that he or she has
5the right to counsel of his or her choosing who may be present
6to advise him or her at any stage of any interrogation.
7 (b) Anyone filing a complaint against a sworn peace officer
8must have the complaint supported by a sworn affidavit. Every
9unit of local government with a law enforcement agency, and
10every law enforcement agency not part of a unit of local
11government, shall establish procedures to bypass the
12requirement that the complaint must be supported by a sworn
13affidavit against a sworn peace officer. Any complaint, having
14been supported by a sworn affidavit, and having been found, in
15total or in part, to contain knowingly false material
16information, shall be presented to the appropriate State's
17Attorney for a determination of prosecution.
18(Source: P.A. 97-472, eff. 8-22-11.)
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