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91_HB2137
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1 AN ACT to create the Uniformed Peace Officers Drug and
2 Alcohol Use Accountability Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Uniformed Peace Officers Drug and Alcohol Use Accountability
7 Act.
8 Section 5. Legislative intent. Public safety is a vital
9 obligation of this State. The police departments and the
10 sheriff's offices of this State have a long and distinguished
11 heritage. To foster, enhance, and advance that heritage, the
12 provisions of this Act shall be liberally construed.
13 Section 10. Definitions. In this Act:
14 "Alcoholic liquor" has the same meaning as in Section
15 1-3.05 of the Liquor Control Act of 1934.
16 "Cannabis" has the same meaning as in Section 3 of the
17 Cannabis Control Act.
18 "Controlled substance" has the same meaning as in Section
19 102 of the Illinois Controlled Substances Act. In addition,
20 "controlled substances" includes "designer drugs" that are
21 not listed in the Controlled Substances Act, but have adverse
22 effects on perception, judgment, memory, or coordination.
23 "Peace officer" has the same meaning as in Section 2-13
24 of the Criminal Code of 1961, except officers, agents, and
25 employees of the federal government.
26 Section 15. Prohibited acts.
27 (a) No peace officer shall possess, use, or ingest to
28 any degree any controlled substance or cannabis for which the
29 peace officer does not possess a valid pre-dated
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1 prescription.
2 (b) No peace officer shall, while on duty and in
3 uniform, consume any alcoholic liquor. No peace officer
4 shall, while on duty and not in uniform, consume any
5 alcoholic liquor without the specific authorization of the
6 chief of the police department, the sheriff, or the chief's
7 or sheriff's designee.
8 Section 20. Testing. The test for the use of controlled
9 substances or cannabis and the consumption of alcoholic
10 liquor shall be as provided in an applicable collective
11 bargaining agreement or, otherwise, as in Section 11-501.2 of
12 the Illinois Vehicle Code.
13 Section 25. Penalties.
14 (a) A peace officer who tests positive on a conformity
15 test for violations of subsection (a) of Section 15 is
16 subject to discharge. If mitigating circumstances exists, at
17 the discretion of the chief of the police department or
18 sheriff, the discharge may be commuted to an unpaid
19 suspension of not fewer than 60 days.
20 (b) If any peace officer violates the provisions of
21 subsection (b) of Section 15 of this Act, the chief of the
22 police department or the sheriff shall take disciplinary
23 action.
24 Section 30. Home rule. A home rule unit may not
25 regulate drug and alcohol use by a peace officer in a manner
26 less restrictive than the regulation by the State of the drug
27 and alcohol use by a peace officer under this Act. This
28 Section is a denial and limitation of home rule powers and
29 functions under subsection (i) of Section 6 of Article VII of
30 the Illinois Constitution on the concurrent exercise by home
31 rule units of powers and functions exercised by the State.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.