State of Illinois
91st General Assembly
Legislation

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91_HB2498

 
                                               LRB9103426DHmg

 1        AN  ACT  to  amend  the  Firemen's  Disciplinary  Act  by
 2    changing Section 2.

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

 5        Section  5.  The Firemen's Disciplinary Act is amended by
 6    changing Section 2 as follows:

 7        (50 ILCS 745/2) (from Ch. 85, par. 2502)
 8        Sec. 2.  Definitions.   For the  purposes  of  this  Act,
 9    unless  clearly required otherwise, the terms defined in this
10    Section have the meaning ascribed herein:
11        (a)  "Fireman" means a person who is a  "firefighter"  or
12    "fireman"  as  defined  in  Sections  4-106  or  6-106 of the
13    Illinois Pension Code,  and  includes  a  person  who  is  an
14    "employee"  as  defined  in  Section  15-107  of the Illinois
15    Pension Code and whose primary duties relate to firefighting.
16        (b)  "Informal inquiry" means a meeting by supervisory or
17    command personnel with a fireman upon whom an  allegation  of
18    misconduct  has  come to the attention of such supervisory or
19    command personnel, the purpose of which meeting is to mediate
20    a citizen complaint or discuss the facts to determine whether
21    a formal investigation should be commenced.
22        (c)  "Formal  investigation"   means   the   process   of
23    investigation  ordered  by  a commanding officer during which
24    the questioning of a fireman is intended to  gather  evidence
25    of  misconduct  which  may  be  the  basis for filing charges
26    seeking his or her removal, discharge or suspension in excess
27    of 72 hours.
28        (d)  "Interrogation" means the questioning of  a  fireman
29    pursuant  to  an  investigation  initiated  by the respective
30    State or  local  governmental  unit  in  connection  with  an
31    alleged violation of such unit's rules which may be the basis
 
                            -2-                LRB9103426DHmg
 1    for filing charges seeking his or her suspension, removal, or
 2    discharge.   The term does not include questioning as part of
 3    an informal inquiry as to allegations of misconduct  relating
 4    to  minor  infractions  of agency rules which may be noted on
 5    the fireman's record but which may not in  themselves  result
 6    in removal, discharge or suspension in excess of 72 hours.
 7        (e)  "Administrative  proceeding"  means any non-judicial
 8    hearing which is authorized to recommend,  approve  or  order
 9    the suspension, removal, or discharge of a fireman.
10    (Source: P.A. 85-606.)

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