Public Act 097-0971
 
SB0549 EnrolledLRB097 04360 RLJ 44399 b



    AN ACT concerning local government.

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







 
 
    Section 1. Short title.  This Act may be cited as the Metro 
East Police District Act.
 
    Section 3. Definitions. 
    "Commission" means the Metro East Police District 
Commission.
    "District" means the Metro East Police District.
 
    Section 5. Creation of district.  There is created within 
the County of St. Clair a special district, named the Metro 
East Police District.  The territory of the District shall 
include the City of East Saint Louis, the Village of Washington 
Park, the Village of Alorton, and the Village of Brooklyn. The 
District is created to advance the cause of public safety and 
law enforcement for the residents of the District.
 
    Section 10. Metro East Police District Commission. 
    (a) The governing and administrative powers of the Metro 
East Police District shall be vested in a body politic and 
corporate named the Metro East Police District Commission, 
whose powers are the following:
        (1) To apply for, accept and expend grants, loans, or 
    appropriations from the State of Illinois, the federal 
    government, any State or federal agency or 
    instrumentality, any unit of local government, or any other 
    person or entity to be used for any of the purposes of the 
    District. The Commission may enter into any agreement with 
    the State of Illinois, the federal government, any State or 
    federal instrumentality, any unit of local government, or 
    any other person or entity in relation to grants, matching 
    grants, loans, or appropriations. The Commission may 
    provide grants, loans, or appropriations for law 
    enforcement purposes to any unit of local government within 
    the District.
        (2) To enter into contracts or agreements with persons 
    or entities for the supply of goods or services as may be 
    necessary for the purposes of the District.
        (3) To acquire fee simple title to real property lying 
    within the District and personal property required for its 
    purposes, by gift, purchase, contract, or otherwise for law 
    enforcement purposes including evidence storage, records 
    storage, equipment storage, detainment facilities, 
    training facilities, office space and other purposes of the 
    District.  Title shall be taken in the name of the 
    Commission. The Commission may acquire by lease any real 
    property located within the District and personal property 
    found by the Commission to be necessary for its purposes 
    and to which the Commission finds that it need not acquire  
    fee simple title for carrying out of those purposes.  The 
    Commission has no eminent domain powers or quick-take 
    powers under this provision.
        (4) To establish by resolution rules and regulations 
    that the police departments within the District may adopt 
    concerning: officer ethics; the carry and use of weapons; 
    search and seizure procedures; procedures for arrests with 
    and without warrants; alternatives to arrest; the use of 
    officer discretion; strip searches and body cavity 
    searches; profiling; use of reasonable force; use of deadly 
    force; use of authorized less than lethal weapons; 
    reporting uses of force; weapons and ammunition;  weapons 
    proficiency and training; crime analysis; purchasing and 
    requisitions; department property; inventory and control; 
    issue and reissue; recruitment; training attendance; 
    lesson plans; remedial training; officer training record 
    maintenance; department animals; response procedures; 
    pursuit of motor vehicles; roadblocks and forcible stops; 
    missing or mentally ill persons; use of equipment; use of 
    vehicle lights and sirens; equipment specifications and 
    maintenance; vehicle safety restraints; authorized 
    personal equipment; protective vests and high risk 
    situations; mobile data access; in-car video and audio; 
    case file management; investigative checklists; 
    informants; cold cases; polygraphs; shift briefings; 
    interviews of witnesses and suspects; line-ups and 
    show-ups; confidential information; juvenile operations; 
    offenders, custody, and interrogation; crime prevention 
    and community interface; critical incident response and 
    planning; hostage negotiation; search and rescue; special 
    events; personnel, equipment, and facility inspections; 
    victim/witness rights, preliminary contact, and follow up; 
    next of kin notification; traffic stops and approaches; 
    speed-measuring devices; DUI procedures; traffic collision 
    reporting and investigation; citation inventory, control 
    and administration; escorts; towing procedures; detainee 
    searches and transportation; search and inventory of 
    vehicles; escape prevention procedures and detainee 
    restraint; sick, injured, and disabled detainees; vehicle 
    safety; holding facility standards; collection and 
    preservation of evidence including but not limited to 
    photos, video, fingerprints, computers, records, DNA 
    samples, controlled substances, weapons, and physical 
    evidence; police report standards and format; submission 
    of evidence to laboratories; follow up of outstanding 
    cases; and application for charges with the State's 
    Attorney, United States Attorney, Attorney General, or 
    other prosecuting authority.
        Any police department located within the Metro East 
    Police District that does not adopt any rule or regulation 
    established by resolution by the Commission shall not be 
    eligible to receive funds from the Metro East Police 
    District Fund.
        The adoption of any policies or procedures pursuant to 
    this Section shall not be inconsistent with any rights 
    under current collective bargaining agreements, the 
    Illinois Public Labor Relations Act or other laws governing 
    collective bargaining.
        (5) No later than one year after the effective date of 
    this Act, to assume for police departments within the 
    District the authority to make application for and accept 
    financial grants or contributions of services from any 
    public or private source for law enforcement purposes.
        (6) To develop a comprehensive plan for improvement and 
    maintenance of law enforcement facilities within the 
    District.
        (7) To advance police departments within the District 
    towards accreditation by the national Commission for the 
    Accreditation of Law Enforcement Agencies (CALEA) within 3 
    years after creation of the District.
    (b) The Commission shall consist of 14 appointed members 
and 3 ex-officio members. Seven members shall be appointed by 
the Governor with the advice and consent of the Senate, one of 
whom shall represent an organization that represents the 
largest number of police officers employed by the 
municipalities described by Section 5 of this Act. Four members 
shall be appointed by the Mayor of East Saint Louis, with the 
advice and  consent of the city council. One member each shall 
be appointed by the Village Presidents of Washington Park, 
Alorton, and Brooklyn, with the advice and consent of the 
respective village boards. All appointed members shall hold 
office for a term of 2 years ending on December 31 and until 
their successors are appointed and qualified. The Mayor of East 
Saint Louis, with the approval of the city council, may serve 
as one of the members appointed for East Saint Louis, and the 
Village Presidents of Washington Park, Alorton, and Brooklyn, 
with the approval of their respective boards, may serve as the 
member for their respective municipalities.
    A member may be removed by his or her appointing authority 
for incompetence, neglect of duty, or malfeasance in office.
    The Director of the Illinois State Police, or his or her 
designee, the State's Attorney of St. Clair County, or his or 
her designee, and the Director of the Southern Illinois Law 
Enforcement Commission, or his or her designee, shall serve as 
ex-officio members. Ex-officio members may only vote on matters 
before the Commission in the event of a tie vote.
    (c) Any vacancy in the appointed membership of the 
Commission occurring by reason of the death, resignation, 
disqualification, removal, or inability or refusal to act of 
any of the members of the Commission shall be filled by the 
authority that had appointed the particular member, and for the 
unexpired term of office of that particular member.
    (d) The Commission shall hold regular meetings annually for 
the election of a chair, vice-chair, secretary, and treasurer, 
for the adoption of a budget, and monthly for other business as 
may be necessary. The Commission shall establish the duties and 
responsibilities of its officers by rule. The chair, or any 9 
members of the Commission, may call special meetings of the 
Commission. Each member shall take an oath of office for the 
faithful performance of his or her duties. The Commission may 
not transact business at a meeting of the Commission unless 
there is present at the meeting a quorum consisting of at least 
9 members. Meetings may be held by telephone conference or 
other communications equipment by means of which all persons 
participating in the meeting can communicate with each other 
consistent with the Open Meetings Act.
    (e) The Commission shall submit to the General Assembly, no 
later than March 1 of each odd-numbered year, a detailed report 
covering its operations for the 2 preceding calendar years and 
a statement of its program for the next 2 years, as provided by 
Section 3.1 of the General Assembly Organization Act.
    (f) The Auditor General shall conduct audits of the 
Commission in the same manner as the Auditor General conducts 
audits of State agencies under the Illinois State Auditing Act.
    (g) The Commission is a public body for purposes of the 
Open Meetings Act and the Freedom of Information Act.
    (h) This Section is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of powers and functions 
exercised by the State.
 
    Section 15. Disposition of money; income fund.  There is 
created in the custody of the Illinois Finance Authority the 
Metro East Police District Fund.  All moneys received by the 
Commission shall be deposited in the Fund.  The Commission is 
authorized to use all money received for all purposes and 
powers set forth in this Act, provided that the Commission and 
the Illinois Finance Authority enter into an intergovernmental 
agreement to use the moneys deposited into the Fund solely for 
the purposes set forth in this Act.  The Auditor General shall, 
at least biennially, audit or cause to be audited all records 
and accounts of the Commission pertaining to the operation of 
the District.
 
    Section 20. Repealer.  This Act is repealed on December 31, 
2019.
 
    Section 50. The Illinois Finance Authority Act is amended 
by adding Section 825-115 as follows:
 
    (20 ILCS 3501/825-115 new)
    Sec. 825-115. Metro East Police District Fund. The 
Authority and the Metro East Police District Commission may 
jointly administer the Metro East Police District Fund. All 
moneys received by the Commission shall be deposited in the 
Fund.  Upon request of the Commission, the Authority shall 
provide to the Commission moneys deposited in the Fund, 
provided that the Commission and the Authority enter into an 
intergovernmental agreement to use the moneys deposited into 
the Fund solely for the purposes set forth in the Metro East 
Police District Act. This Section is repealed on December 31, 
2019.
 
    Section 55. The Illinois State Auditing Act is amended by 
adding Section 3-1.5 as follows:
 
    (30 ILCS 5/3-1.5 new)
    Sec. 3-1.5. Metro East Police District. The Auditor General 
shall conduct audits as provided in Sections 10 and 15 of the 
Metro East Police District Act. This Section is repealed on 
December 31, 2019.
 
    Section 60. The Counties Code is amended by adding Section 
5-1101.5 as follows:
 
    (55 ILCS 5/5-1101.5 new)
    Sec. 5-1101.5. Metro East Police District. In addition to 
any fine imposed under Section 5-9-1 of the Unified Code of 
Corrections, St. Clair County may adopt a mandatory fine of 
$100 to be paid by the defendant on a judgment of guilty or a 
grant of supervision for a felony or a violation of Section 
11-501 of the Illinois Vehicle Code, when the offense was 
committed within the corporate limits of a municipality that is 
located within the Metro East Police District.  The clerk of the 
circuit court shall collect the fines as provided in this 
subsection and must remit the fines to the Metro East Police 
District Fund created under Section 15 of the Metro East Police 
District Act. This Section is repealed on December 31, 2019.
 
    Section 65. The Illinois Municipal Code is amended  by 
adding Section 11-74.4-12 as follows:
 
    (65 ILCS 5/11-74.4-12 new)
    Sec. 11-74.4-12. Metro East Police District. A 
municipality may use moneys from the special tax allocation 
fund to hire police officers, if the corporate authorities of 
the municipality determine by ordinance or resolution that, as 
a result of the development associated with the tax increment 
financing, more police officers are needed to protect the 
public health and safety of the residents, and  the municipality 
is: (i) within the territory of the Metro East Police District 
created under the Metro East Police District Act, or (ii) 
contiguous to 2 or more municipalities within the territory of 
the Metro East Police District and having a population of more 
than 5,000 inhabitants, according to the 2000 federal census. 
The moneys used to hire police officers may amount to no more 
than 10% of the funds available.
 
 
    Section 99. Effective date. This Act takes effect January 
1, 2013.