Bill Text: IL HB3605 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the State Police Act. Provides that it is not a requirement of a person filing a complaint against a State Police Officer to have a complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit). Amends the Uniform Peace Officers' Disciplinary Act. Provides that it is not a requirement of a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit). Provides that the provision is a limitation of power on home rule units under the Illinois Constitution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3605 Detail]

Download: Illinois-2021-HB3605-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3605 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
20 ILCS 2610/14 from Ch. 121, par. 307.14
50 ILCS 725/3.8 from Ch. 85, par. 2561
Amends the State Police Act. Provides that it is not a requirement of a person filing a complaint against a State Police Officer to have a complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a State Police Officer must have the complaint supported by a sworn affidavit). Amends the Uniform Peace Officers' Disciplinary Act. Provides that it is not a requirement of a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation (rather than anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit). Provides that the provision is a limitation of power on home rule units under the Illinois Constitution.
LRB102 03771 RLC 13784 b
A BILL FOR
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AN ACT concerning peace officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Police Act is amended by changing
Section 14 as follows:
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Department of State Police officer shall be removed, demoted
or suspended except for cause, upon written charges filed with
the Board by the Director and a hearing before the Board
thereon upon not less than 10 days' notice at a place to be
designated by the chairman thereof. At such hearing, the
accused shall be afforded full opportunity to be heard in his
or her own defense and to produce proof in his or her defense.
It is not a requirement of a person Anyone filing a complaint
against a State Police Officer to must have a the complaint
supported by a sworn affidavit or any other legal
documentation. Any such complaint, having been supported by a
sworn affidavit, and having been found, in total or in part, to
contain false information, shall be presented to the
appropriate State's Attorney for a determination of
prosecution.
Before any such officer may be interrogated or examined by

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or before the Board, or by a departmental agent or
investigator specifically assigned to conduct an internal
investigation, the results of which hearing, interrogation or
examination may be the basis for filing charges seeking his or
her suspension for more than 15 days or his or her removal or
discharge, he or she shall be advised in writing as to what
specific improper or illegal act he or she is alleged to have
committed; he or she shall be advised in writing that his or
her admissions made in the course of the hearing,
interrogation or examination may be used as the basis for
charges seeking his or her suspension, removal or discharge;
and he or she shall be advised in writing that he or she has a
right to counsel of his or her choosing, who may be present to
advise him or her at any hearing, interrogation or
examination. A complete record of any hearing, interrogation
or examination shall be made, and a complete transcript or
electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are
established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion,

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suspension for a period of not more than 180 days, or such
other disciplinary punishment as may be prescribed by the
rules and regulations of the Board which, in the opinion of the
members thereof, the offense merits. Thereupon the Director
shall direct such removal or other punishment as ordered by
the Board and if the accused refuses to abide by any such
disciplinary order, the Director shall remove him or her
forthwith.
If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for
the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Department shall be
subject to these sanctions in the same manner as other
parties.
In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person

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to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of any order of the Board rendered
pursuant to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Department of State Police shall be discharged
from the Department of State Police as provided in the
Employee Rights Violation Act, enacted by the 85th General
Assembly.
(Source: P.A. 96-891, eff. 5-10-10.)
Section 10. The Uniform Peace Officers' Disciplinary Act
is amended by changing Section 3.8 as follows:
(50 ILCS 725/3.8) (from Ch. 85, par. 2561)
Sec. 3.8. Admissions; counsel; verified complaint.
(a) No officer shall be interrogated without first being
advised in writing that admissions made in the course of the
interrogation may be used as evidence of misconduct or as the
basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has

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the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
(b) It is not a requirement for a person Anyone filing a
complaint against a sworn peace officer to must have the
complaint supported by a sworn affidavit or any other legal
documentation. This subsection (b) of this Section is a
limitation of the power of home rule units under Article VII,
Section 6, paragraph (i) of the Illinois Constitution. Any
complaint, having been supported by a sworn affidavit, and
having been found, in total or in part, to contain knowingly
false material information, shall be presented to the
appropriate State's Attorney for a determination of
prosecution.
(Source: P.A. 97-472, eff. 8-22-11.)