Bill Text: IL HB0221 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Creates the Investigation and Review of Deaths Involving Officers Act. Requires law enforcement agencies to have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that agency. Allows law enforcement agencies to conduct internal investigations into officer-involved deaths, as long as they do not interfere with other investigations under this Act. Requires release of investigation reports to the public if no charges are filed against the officer. Provides for compensation through intergovernmental or interagency agreements for participation in an investigation of an officer-involved death. Defines "law enforcement agency", "law enforcement officer", and "officer-involved death".

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-03-23 - Added Co-Sponsor Rep. Mary E. Flowers [HB0221 Detail]

Download: Illinois-2015-HB0221-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0221 Introduced , by Rep. Christian L. Mitchell SYNOPSIS AS INTRODUCED:
New Act
Creates the Investigation and Review of Deaths Involving Officers Act. Requires law enforcement agencies to have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that agency. Allows law enforcement agencies to conduct internal investigations into officer-involved deaths, as long as they do not interfere with other investigations under this Act. Requires release of investigation reports to the public if no charges are filed against the officer. Provides for compensation through intergovernmental or interagency agreements for participation in an investigation of an officer-involved death. Defines "law enforcement agency", "law enforcement officer", and "officer-involved death".
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A BILL FOR
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AN ACT concerning officer-involved deaths.
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
Investigation and Review of Deaths Involving Officers Act.
Section 5. Definitions.
"Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
"Law enforcement officer" or "officer" means any person
employed by this State, or by a county, municipality, or
township of this State, as a policeman, peace officer, or in
some like position involving the enforcement of the law and
protection of the public interest at the risk of that person's
life.
"Officer-involved death" means any death of an individual
that results directly from an action or an omission of a law
enforcement officer while the officer is on duty or while the
officer is off duty, but performing activities that are within
the scope of his or her law enforcement duties.
Section 10. Written policy.

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(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved deaths that
involve a law enforcement officer employed by that agency. The
written policy shall require the following:
(1) An investigation conducted by at least 2
investigators, or an entity or agency comprised of at least
2 investigators, one of whom is the lead investigator and
neither of whom is employed by a law enforcement agency
that employs a law enforcement officer involved in the
officer-involved death.
(2) The investigators conducting the investigation
shall, in an expeditious manner, provide a complete report
to the State's Attorney of the county in which the
officer-involved death occurred.
(3) If the officer-involved death is traffic-related,
the investigation shall use an accident reconstruction
unit from a law enforcement agency that does not employ a
law enforcement officer involved in the officer-involved
death under investigation.
(4) If the State's Attorney determines there is no
basis to prosecute the law enforcement officer involved in
the officer-involved death, the investigators shall
publicly release a report.
Section 15. Intra-agency investigations.
(a) This Act shall not prohibit any law enforcement agency

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from conducting an internal investigation into the
officer-involved death if the internal investigation does not
interfere with the investigation conducted according to the
policy under Section 10 of this Act.
(b) Compensation for participation in an investigation of
an officer-involved death may be determined in an
intergovernmental or interagency agreement.