HB5557 99TH GENERAL ASSEMBLY

LRB099 19817 AWJ 44216 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5557

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/8.40 new

Creates the Chicago Independent Police Review Commission Act. Provides that the Independent Police Review Authority created under the Municipal Code of Chicago is abolished and that a new State commission is created called the "Chicago Independent Police Review Commission." Provides for the transfer of personnel, property, appropriations, and funds to the Commission. Provides that the Commission shall investigate all officer-involved deaths that involve a police officer employed by the City of Chicago. Provides for election and vacancy appointments of the board of commissioners of the Commission. Provides for the appointment and removal of the chief administrator of the Commission. Further provides for rulemaking authority by the Commission. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 Chicago Independent Police Review Commission Act.

Section 5. Definitions. As used in this Act:

"Board" means the board of commissioners of the Commission.

"City" means the City of Chicago.

"Commission" means the Chicago Independent Police Review Commission created under this Act.

"Independent Police Review Authority" means the authority created by Chapter 2-57 of the Municipal Code of Chicago

"Officer-involved death" has the meaning provided in Section 1-5 of the Police and Community Relations Improvement Act.

Section 10. Abolishment of Chicago's Independent Police Review Authority. The Independent Police Review Authority is hereby abolished and the Chicago Independent Police Review Commission is created as an independent commission of the State. On the effective date of this Act, all powers, duties, rights, and responsibilities of the Independent Police Review Authority shall be transferred to, vested in, and shall be exercised by the Commission.

Section 15. Powers, duties, rights, and responsibilities of the Commission; appropriation; office location.

(a) The Commission shall investigate all officer-involved deaths that involve a police officer employed by the City. The Commission shall operate as the Independent Police Review Authority operated under the Municipal Code of Chicago ordinance until such time as an elected board of commissioners issues new rules under Section 35 of this Act. The Commission shall include the chief administrator of the Independent Police Review Authority and such deputies, assistants, and other employees as may be provided for in the annual appropriation ordinance until such time as an elected board of commissioners appoints a new chief administrator under Section 30 of this Act.

(b) Whenever reports or notices are now required to be made or given or papers or documents furnished or served by any person to or upon the Independent Police Review Authority in connection with any of the powers, duties, rights, and responsibilities transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the Commission.

(c) This Act does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Independent Police Review Authority before the effective date of this Act; such actions or proceedings may be prosecuted and continued by the Commission.

(d) The City Council of the City of Chicago shall appropriate sufficient funds for the operation of the Commission in an amount as requested by the Commission in its annual budget.

(e) The offices of the Commission shall be located in a facility outside of the Chicago department of police.

Section 20. Transfer of personnel, property, and funds.

(a) The personnel of the Independent Police Review Authority shall be transferred to the Commission. The status and rights of such employees under the City of Chicago Personnel Rules and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this Act.

(b) All books, records, papers, documents, real and personal property, contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this Act from the Independent Police Review Authority to the Commission, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Commission.

(c) All unexpended appropriations, balances, and other funds available for use by the Independent Police Review Authority shall be transferred for use by the Commission. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.

Section 25. Board of Commissioners.

(a) The Commission shall be governed by a board of commissioners, comprised of 5 members, elected by the electors of the City. The board shall be responsible for determining the policies and objectives of the Commission, appointing the chief administrator, and adopting and approving an annual budget.

(b) At the next scheduled consolidated election after the effective date of this Act, 5 members will be elected by the electors of the City and will serve as the board of commissioners to the Commission. Each member shall be elected for a term of 4 years, commencing on the second Tuesday in May of the year in which the member is elected, and until the member's successor is elected and qualified. The board shall be elected as provided under paragraph (17) of subsection (c) of Section 2A-1.2 of the Election Code.

(c) Within 28 days after each consolidated election at which a new board is elected, the board shall organize by electing its officers, fixing a time and place for the regular meetings, and appointing a chief administrator.

(d) Whenever a vacancy in the board occurs, the remaining members of the board shall notify the Governor of that vacancy within 5 days after its occurrence and the Governor shall appoint a member to fill the vacancy until the next election when a successor shall be elected to serve the remainder of the unexpired term. However, if the vacancy occurs with less than 28 months remaining in the term or if the vacancy occurs less than 88 days before the next board election, then the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held.

Section 30. Chief administrator. The chief administrator shall be the chief executive officer of the Commission and shall be appointed by the board for a term of 6 years and until his or her successor is appointed. A partially completed term of a chief administrator is terminated upon the occurrence of a vacancy in that office. The chief administrator shall be responsible for the general management and day-to-day operations of the Commission. The chief administrator, with the advice and consent of the board, may adopt rules, regulations, and procedures, as he or she may deem necessary for the administration of the Commission under this Act.

Section 35. Rules and regulations of the Commission. Any rules of the Independent Police Review Authority that relate to its powers, duties, rights, and responsibilities and are in full force on the effective date of this Act shall become the rules of the Commission. As soon as practicable after the effective date of this Act, the Commission shall revise and clarify the rules transferred to it under this Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by this Act. The Commission shall adopt rules under the Illinois Administrative Procedure Act that it deems necessary to carry out its duties and responsibilities under this Act.

Section 40. Home rule. The City may not regulate or fund the investigation of an officer-involved death in a manner inconsistent with this Act. This Act 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 90. The State Mandates Act is amended by adding Section 8.40 as follows:

(30 ILCS 805/8.40 new)

Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by the Chicago Independent Police Review Commission Act.