Public Act 100-0319
 
SB1843 EnrolledLRB100 09946 AWJ 20117 b


  
    AN ACT concerning local government.
  
 
    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 adding Section 7.5 as follows:
 
    (50 ILCS 725/7.5 new)
    Sec. 7.5. Commission on Police Professionalism.
    (a) Recognizing the need to review performance standards 
governing the professionalism of law enforcement agencies and 
officers in the 21st century, the General Assembly hereby 
creates the Commission on Police Professionalism.
    (b) The Commission on Police Professionalism shall be 
composed of the following members:
        (1) one member of the Senate appointed by the President 
    of the Senate;
        (2) one member of the Senate appointed by the Senate 
    Minority Leader;
        (3) one member of the House of Representatives 
    appointed by the Speaker of the House of Representatives;
        (4) one member of the House of Representatives 
    appointed by the House Minority Leader;
        (5) one active duty law enforcement officer who is a 
    member of a certified collective bargaining unit appointed 
    by the Governor;
        (6) one active duty law enforcement officer who is a 
    member of a certified collective bargaining unit appointed 
    by the President of the Senate;
        (7) one active duty law enforcement officer who is a 
    member of a certified collective bargaining unit appointed 
    by the Senate Minority Leader;
        (8) one active duty law enforcement officer who is a 
    member of a certified collective bargaining unit appointed 
    by the Speaker of the House of Representatives;
        (9) one active duty law enforcement officer who is a 
    member of a certified collective bargaining unit appointed 
    by the House Minority Leader;
        (10) the Director of State Police, or his or her 
    designee;
        (10.5) the Superintendent of the Chicago Police 
    Department, or his or her designee; 
        (11) the Executive Director of the Law Enforcement 
    Training Standards Board, or his or her designee;
        (12) the Director of a statewide organization 
    representing Illinois sheriffs;
        (13) the Director of a statewide organization 
    representing Illinois chiefs of police;
        (14) the Director of a statewide fraternal 
    organization representing sworn law enforcement officers 
    in this State;
        (15) the Director of a benevolent association 
    representing sworn police officers in this State;
        (16) the Director of a fraternal organization 
    representing sworn law enforcement officers within the 
    City of Chicago; and
        (17) the Director of a fraternal organization 
    exclusively representing sworn Illinois State Police 
    officers.
    (c)
The President of the Senate and the Speaker of the 
House of Representatives shall each appoint a joint chairperson 
to the Commission. The Law Enforcement Training Standards Board 
shall provide administrative support to the Commission.
    (d) The Commission shall meet regularly to review the 
current training and certification process for law enforcement 
officers, review the duties of the various types of law 
enforcement officers, including auxiliary officers, review the 
standards for the issuance of badges, shields,  and other police 
and agency identification, review officer-involved shooting 
investigation policies, review policies and practices 
concerning the use of force and misconduct by law enforcement 
officers, and examine whether law enforcement officers should 
be licensed. For the purposes of this subsection (d), "badge" 
means an officer's department issued identification number 
associated with his or her position as a police officer with 
that Department.
    (e) The Commission shall submit a report of its findings 
and legislative recommendations to the General Assembly and 
Governor on or before September 30, 2018.
    (f) This Section is repealed on December 31, 2018.
 
    Section 10. The State's Attorneys Appellate Prosecutor's 
Act is amended by changing Section 4.01 as follows:
 



    (725 ILCS 210/4.01)  (from Ch. 14, par. 204.01)



    Sec. 4.01. (a) The Office and all attorneys employed 
thereby may
represent the People of the State of Illinois on 
appeal in all cases
which emanate from
a county containing less 
than
3,000,000 inhabitants, when requested to do so and at the 
direction of
the State's Attorney, otherwise responsible for 
prosecuting the appeal,
and may, with the advice and consent of 
the State's Attorney prepare,
file and argue such appellate 
briefs in the Illinois Appellate
Court
and, when requested and 
authorized to do so by the Attorney General, in the
Illinois 
Supreme Court.
    (b) Notwithstanding the population restriction contained 
in subsection (a), the
The Office may also assist County 
State's Attorneys in the
discharge of their duties under the 
Illinois Controlled Substances Act,
the Cannabis Control Act, 
the Methamphetamine Control and Community Protection Act, the 
Drug Asset Forfeiture Procedure Act,
the Narcotics Profit 
Forfeiture Act, and the Illinois Public Labor Relations
Act,

including negotiations conducted on behalf of a county or 
pursuant to an
intergovernmental agreement as well as in the 
trial
and appeal of said cases and of tax objections, and the 
counties which
use services relating to labor relations
shall 
reimburse the Office on pro-rated shares as determined by the

board based upon the population and number of labor relations 
cases of the
participating counties.
In addition, the Office 
and all attorneys employed by the Office may also
assist 
State's Attorneys in the discharge of their duties in the 
prosecution,
 trial, or hearing on post-conviction of other 
cases when requested to do so by, and at the direction of,
the 
State's Attorney otherwise responsible for the case.  In 
addition, the
Office and all attorneys employed by the Office 
may act as Special Prosecutor
if duly appointed to do so by a 
court having jurisdiction.
To be effective, the order 
appointing the Office or
its attorneys as Special Prosecutor 
must (i) identify the case and its
subject matter and (ii) 
state that the Special Prosecutor serves at the
pleasure of the 
Attorney General, who may substitute himself or herself as the

Special Prosecutor when, in his or her judgment, the interest 
of the people of
the State so requires. Within 5 days after 
receiving a copy of an order from
the
court appointing the 
Office or any of its attorneys as a Special Prosecutor,
the 
Office must forward a copy of the order to the Springfield 
office of the
Attorney General.

(Source: P.A. 97-1012, eff. 8-17-12.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.