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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The State Police Act is amended by changing | ||||||
| 5 | Section 14 as follows:
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| 6 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
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| 7 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
| 8 | Department of
State Police officer shall be removed, demoted or | ||||||
| 9 | suspended except for
cause, upon written charges filed with the | ||||||
| 10 | Board by the Director and a hearing
before the Board thereon | ||||||
| 11 | upon not less than 10 days' notice at a place to
be designated | ||||||
| 12 | by the chairman thereof. At such hearing, the accused shall
be | ||||||
| 13 | afforded full opportunity to be heard in his or her own defense | ||||||
| 14 | and
to produce proof in his or her defense. Anyone filing a | ||||||
| 15 | complaint against a State Police Officer must have the | ||||||
| 16 | complaint supported by a sworn affidavit.
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| 17 | Before any such officer may be interrogated or examined by | ||||||
| 18 | or before the
Board, or by a departmental agent or investigator | ||||||
| 19 | specifically assigned
to conduct an internal investigation, | ||||||
| 20 | the results of which hearing,
interrogation
or examination may | ||||||
| 21 | be the basis for filing charges seeking his or her
suspension | ||||||
| 22 | for more than 15 days or his or her removal or discharge,
he or | ||||||
| 23 | she shall be advised in writing as to what specific improper or
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| 24 | illegal act he or she is alleged to have committed; he or she | ||||||
| 25 | shall
be advised in writing that his or her admissions made in | ||||||
| 26 | the course
of the hearing, interrogation or examination may be | ||||||
| 27 | used as the basis for
charges seeking his or her suspension, | ||||||
| 28 | removal or discharge; and he
or she shall be advised in writing | ||||||
| 29 | that he or she has a right to
counsel of his or her choosing, | ||||||
| 30 | who may be present to advise him or
her at any hearing, | ||||||
| 31 | interrogation or examination. A complete record of
any hearing, | ||||||
| 32 | interrogation or examination shall be made, and a complete
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| 1 | transcript or electronic recording thereof shall be made | ||||||
| 2 | available to such
officer without charge and without delay.
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| 3 | The Board shall have the power to secure by its subpoena
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| 4 | both the attendance and testimony of witnesses and the | ||||||
| 5 | production of books
and papers in support of the charges and | ||||||
| 6 | for the defense. Each member of
the Board or a designated | ||||||
| 7 | hearing officer shall have the power to administer
oaths or | ||||||
| 8 | affirmations. If the charges against an accused are established
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| 9 | by a preponderance of evidence, the Board shall make a finding | ||||||
| 10 | of guilty
and order either removal, demotion, suspension for a | ||||||
| 11 | period of not more
than 180 days, or such other disciplinary | ||||||
| 12 | punishment as may be prescribed
by the rules and regulations of | ||||||
| 13 | the Board which, in the opinion of the members
thereof, the | ||||||
| 14 | offense merits. Thereupon the
Director shall direct such | ||||||
| 15 | removal or other punishment as ordered by the
Board and if the | ||||||
| 16 | accused refuses to abide by any such disciplinary
order, the | ||||||
| 17 | Director shall remove him or her forthwith.
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| 18 | If the accused is found not guilty or has served a period | ||||||
| 19 | of suspension
greater than prescribed by the Board, the Board | ||||||
| 20 | shall order that the officer receive compensation for the | ||||||
| 21 | period involved.
The award of compensation shall include | ||||||
| 22 | interest at the rate of 7% per
annum.
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| 23 | The Board may include in its order appropriate sanctions | ||||||
| 24 | based upon the
Board's rules and regulations. If the Board | ||||||
| 25 | finds that a party has made
allegations or denials without | ||||||
| 26 | reasonable cause or has engaged in frivolous
litigation for the | ||||||
| 27 | purpose of delay or needless increase in the cost of
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| 28 | litigation, it may order that party to pay the other party's | ||||||
| 29 | reasonable
expenses, including costs and reasonable attorney's | ||||||
| 30 | fees. The State of
Illinois and the Department shall be subject | ||||||
| 31 | to these sanctions in the same
manner as other parties.
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| 32 | In case of the neglect or refusal of any person to obey a | ||||||
| 33 | subpoena issued
by the Board, any circuit court, upon | ||||||
| 34 | application
of any member of the Board, may order such person | ||||||
| 35 | to appear before the Board
and give testimony or produce | ||||||
| 36 | evidence, and any failure to obey such order
is punishable by | ||||||
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| 1 | the court as a contempt thereof.
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| 2 | The provisions of the Administrative Review Law, and all | ||||||
| 3 | amendments and
modifications thereof, and the rules adopted | ||||||
| 4 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
| 5 | the judicial review of any order of the
Board rendered pursuant | ||||||
| 6 | to the provisions of this Section.
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| 7 | Notwithstanding the provisions of this Section, a policy | ||||||
| 8 | making
officer, as defined in the Employee Rights Violation | ||||||
| 9 | Act, of the Department
of State Police shall be discharged from | ||||||
| 10 | the Department of State Police as
provided in the Employee | ||||||
| 11 | Rights Violation Act, enacted by the 85th General
Assembly.
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| 12 | (Source: P.A. 89-306, eff. 1-1-96.)
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