Bill Text: IL SB1843 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Counties Code. Provides that a court considering the petition of an interested person to appoint a special prosecutor shall presume, without demonstration from the petitioner, a conflict of interest on behalf of any State's Attorney not exclusively assigned to cases in which the defendant or defendants are members of any law enforcement agency, when the underlying charges concern misconduct allegedly committed by the officer during the performance of official duties, while in uniform, while on duty, or after announcing his or her status as a law enforcement officer. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB1843 Detail]

Download: Illinois-2017-SB1843-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Uniform Peace Officers' Disciplinary Act is
5amended by adding Section 7.5 as follows:
6 (50 ILCS 725/7.5 new)
7 Sec. 7.5. Commission on Police Professionalism.
8 (a) Recognizing the need to review performance standards
9governing the professionalism of law enforcement agencies and
10officers in the 21st century, the General Assembly hereby
11creates the Commission on Police Professionalism.
12 (b) The Commission on Police Professionalism shall be
13composed of the following members:
14 (1) one member of the Senate appointed by the President
15 of the Senate;
16 (2) one member of the Senate appointed by the Senate
17 Minority Leader;
18 (3) one member of the House of Representatives
19 appointed by the Speaker of the House of Representatives;
20 (4) one member of the House of Representatives
21 appointed by the House Minority Leader;
22 (5) one active duty law enforcement officer who is a
23 member of a certified collective bargaining unit appointed

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1 by the Governor;
2 (6) one active duty law enforcement officer who is a
3 member of a certified collective bargaining unit appointed
4 by the President of the Senate;
5 (7) one active duty law enforcement officer who is a
6 member of a certified collective bargaining unit appointed
7 by the Senate Minority Leader;
8 (8) one active duty law enforcement officer who is a
9 member of a certified collective bargaining unit appointed
10 by the Speaker of the House of Representatives;
11 (9) one active duty law enforcement officer who is a
12 member of a certified collective bargaining unit appointed
13 by the House Minority Leader;
14 (10) the Director of State Police, or his or her
15 designee;
16 (10.5) the Superintendent of the Chicago Police
17 Department, or his or her designee;
18 (11) the Executive Director of the Law Enforcement
19 Training Standards Board, or his or her designee;
20 (12) the Director of a statewide organization
21 representing Illinois sheriffs;
22 (13) the Director of a statewide organization
23 representing Illinois chiefs of police;
24 (14) the Director of a statewide fraternal
25 organization representing sworn law enforcement officers
26 in this State;

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1 (15) the Director of a benevolent association
2 representing sworn police officers in this State;
3 (16) the Director of a fraternal organization
4 representing sworn law enforcement officers within the
5 City of Chicago; and
6 (17) the Director of a fraternal organization
7 exclusively representing sworn Illinois State Police
8 officers.
9 (c) The President of the Senate and the Speaker of the
10House of Representatives shall each appoint a joint chairperson
11to the Commission. The Law Enforcement Training Standards Board
12shall provide administrative support to the Commission.
13 (d) The Commission shall meet regularly to review the
14current training and certification process for law enforcement
15officers, review the duties of the various types of law
16enforcement officers, including auxiliary officers, review the
17standards for the issuance of badges, shields, and other police
18and agency identification, review officer-involved shooting
19investigation policies, review policies and practices
20concerning the use of force and misconduct by law enforcement
21officers, and examine whether law enforcement officers should
22be licensed. For the purposes of this subsection (d), "badge"
23means an officer's department issued identification number
24associated with his or her position as a police officer with
25that Department.
26 (e) The Commission shall submit a report of its findings

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1and legislative recommendations to the General Assembly and
2Governor on or before September 30, 2018.
3 (f) This Section is repealed on December 31, 2018.
4 Section 10. The State's Attorneys Appellate Prosecutor's
5Act is amended by changing Section 4.01 as follows:
6 (725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
7 Sec. 4.01. (a) The Office and all attorneys employed
8thereby may represent the People of the State of Illinois on
9appeal in all cases which emanate from a county containing less
10than 3,000,000 inhabitants, when requested to do so and at the
11direction of the State's Attorney, otherwise responsible for
12prosecuting the appeal, and may, with the advice and consent of
13the State's Attorney prepare, file and argue such appellate
14briefs in the Illinois Appellate Court and, when requested and
15authorized to do so by the Attorney General, in the Illinois
16Supreme Court.
17 (b) Notwithstanding the population restriction contained
18in subsection (a), the The Office may also assist County
19State's Attorneys in the discharge of their duties under the
20Illinois Controlled Substances Act, the Cannabis Control Act,
21the Methamphetamine Control and Community Protection Act, the
22Drug Asset Forfeiture Procedure Act, the Narcotics Profit
23Forfeiture Act, and the Illinois Public Labor Relations Act,
24including negotiations conducted on behalf of a county or

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1pursuant to an intergovernmental agreement as well as in the
2trial and appeal of said cases and of tax objections, and the
3counties which use services relating to labor relations shall
4reimburse the Office on pro-rated shares as determined by the
5board based upon the population and number of labor relations
6cases of the participating counties. In addition, the Office
7and all attorneys employed by the Office may also assist
8State's Attorneys in the discharge of their duties in the
9prosecution, trial, or hearing on post-conviction of other
10cases when requested to do so by, and at the direction of, the
11State's Attorney otherwise responsible for the case. In
12addition, the Office and all attorneys employed by the Office
13may act as Special Prosecutor if duly appointed to do so by a
14court having jurisdiction. To be effective, the order
15appointing the Office or its attorneys as Special Prosecutor
16must (i) identify the case and its subject matter and (ii)
17state that the Special Prosecutor serves at the pleasure of the
18Attorney General, who may substitute himself or herself as the
19Special Prosecutor when, in his or her judgment, the interest
20of the people of the State so requires. Within 5 days after
21receiving a copy of an order from the court appointing the
22Office or any of its attorneys as a Special Prosecutor, the
23Office must forward a copy of the order to the Springfield
24office of the Attorney General.
25(Source: P.A. 97-1012, eff. 8-17-12.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.
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