Bill Text: IL HB5830 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Public Labor Relations Act. Provides that on or after the effective date of the amendatory Act, any provision in a collective bargaining agreement applicable to peace officers, including, but not limited to, the Illinois State Police, that does not pertain directly to wages or benefits, or both, is declared to be against public policy and unenforceable. Amends the State Police Act and the Uniform Peace Officers' Disciplinary Act. Deletes provisions that anyone filing a complaint against a State Police Officer or a sworn peace officer must have the complaint supported by a sworn affidavit. Deletes provisions that any such complaint, having been supported by a sworn affidavit, and having been found, in total or in part, to contain false information, shall be presented to the appropriate State's Attorney for a determination of prosecution. In the Uniform Peace Officers' Disciplinary Act, deletes provision that if a collective bargaining agreement requires the presence of a representative of the collective bargaining unit during investigations, the representative shall be present during the interrogation, unless this requirement is waived by the officer being interrogated. Deletes provision that admissions or confessions obtained during the course of any interrogation not conducted in accordance with the Act may not be utilized in any subsequent disciplinary proceeding against the officer. Deletes provision that in the course of any interrogation no officer shall be required to submit to a polygraph test, or any other test questioning by means of any chemical substance, except with the officer's express written consent. Deletes provision that refusal to submit to such tests shall not result in any disciplinary action nor shall such refusal be made part of his or her record.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5830 Detail]

Download: Illinois-2019-HB5830-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5830 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
5 ILCS 315/20 from Ch. 48, par. 1620
20 ILCS 2610/14 from Ch. 121, par. 307.14
50 ILCS 725/3.8 from Ch. 85, par. 2561
50 ILCS 725/3.9 from Ch. 85, par. 2562
50 ILCS 725/3.10 rep.
50 ILCS 725/3.11 rep.
Amends the Illinois Public Labor Relations Act. Provides that on or after the effective date of the amendatory Act, any provision in a collective bargaining agreement applicable to peace officers, including, but not limited to, the Illinois State Police, that does not pertain directly to wages or benefits, or both, is declared to be against public policy and unenforceable. Amends the State Police Act and the Uniform Peace Officers' Disciplinary Act. Deletes provisions that anyone filing a complaint against a State Police Officer or a sworn peace officer must have the complaint supported by a sworn affidavit. Deletes provisions that any such complaint, having been supported by a sworn affidavit, and having been found, in total or in part, to contain false information, shall be presented to the appropriate State's Attorney for a determination of prosecution. In the Uniform Peace Officers' Disciplinary Act, deletes provision that if a collective bargaining agreement requires the presence of a representative of the collective bargaining unit during investigations, the representative shall be present during the interrogation, unless this requirement is waived by the officer being interrogated. Deletes provision that admissions or confessions obtained during the course of any interrogation not conducted in accordance with the Act may not be utilized in any subsequent disciplinary proceeding against the officer. Deletes provision that in the course of any interrogation no officer shall be required to submit to a polygraph test, or any other test questioning by means of any chemical substance, except with the officer's express written consent. Deletes provision that refusal to submit to such tests shall not result in any disciplinary action nor shall such refusal be made part of his or her record.
LRB101 21855 RLC 72814 b
A BILL FOR
HB5830 LRB101 21855 RLC 72814 b
AN ACT concerning peace officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Section 20 as follows:
(5 ILCS 315/20) (from Ch. 48, par. 1620)
Sec. 20. Prohibitions.
(a) Nothing in this Act shall be construed to require an
individual employee to render labor or service without his
consent, nor shall anything in this Act be construed to make
the quitting of his labor by an individual employee an illegal
act; nor shall any court issue any process to compel the
performance by an individual employee of such labor or service,
without his consent; nor shall the quitting of labor by an
employee or employees in good faith because of abnormally
dangerous conditions for work at the place of employment of
such employee be deemed a strike under this Act.
(b) This Act shall not be applicable to units of local
government employing less than 5 employees at the time the
Petition for Certification or Representation is filed with the
Board. This prohibition shall not apply to bargaining units in
existence on the effective date of this Act and units of local
government employing more than 5 employees where the total

HB5830 - 2 - LRB101 21855 RLC 72814 b
number of employees falls below 5 after the Board has certified
a bargaining unit.
(c) On or after the effective date of this amendatory Act
of the 101st General Assembly, any provision in a collective
bargaining agreement applicable to peace officers, including,
but not limited to, the Illinois State Police, that does not
pertain directly to wages or benefits, or both, is declared to
be against public policy and unenforceable.
(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; 94-67,
eff. 1-1-06.)
Section 10. The State Police Act is amended by changing
Section 14 as follows:
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Department of State Police officer shall be removed, demoted or
suspended except for cause, upon written charges filed with the
Board by the Director and a hearing before the Board thereon
upon not less than 10 days' notice at a place to be designated
by the chairman thereof. At such hearing, the accused shall be
afforded full opportunity to be heard in his or her own defense
and to produce proof in his or her defense. Anyone filing a
complaint against a State Police Officer must have the
complaint supported by a sworn affidavit. Any such complaint,
having been supported by a sworn affidavit, and having been

HB5830 - 3 - LRB101 21855 RLC 72814 b
found, in total or in part, to contain false information, shall
be presented to the appropriate State's Attorney for a
determination of prosecution.
Before any such officer may be interrogated or examined by
or before the Board, or by a departmental agent or investigator
specifically assigned to conduct an internal investigation,
the results of which hearing, interrogation or examination may
be the basis for filing charges seeking his or her suspension
for more than 15 days or his or her removal or discharge, he or
she shall be advised in writing as to what specific improper or
illegal act he or she is alleged to have committed; he or she
shall be advised in writing that his or her admissions made in
the course of the hearing, interrogation or examination may be
used as the basis for charges seeking his or her suspension,
removal or discharge; and he or she shall be advised in writing
that he or she has a right to counsel of his or her choosing,
who may be present to advise him or her at any hearing,
interrogation or examination. A complete record of any hearing,
interrogation or examination shall be made, and a complete
transcript or electronic recording thereof shall be made
available to such officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or

HB5830 - 4 - LRB101 21855 RLC 72814 b
affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding
of guilty and order either removal, demotion, suspension for a
period of not more than 180 days, or such other disciplinary
punishment as may be prescribed by the rules and regulations of
the Board which, in the opinion of the members thereof, the
offense merits. Thereupon the Director shall direct such
removal or other punishment as ordered by the Board and if the
accused refuses to abide by any such disciplinary order, the
Director shall remove him or her forthwith.
If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Department shall be subject
to these sanctions in the same manner as other parties.
In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon

HB5830 - 5 - LRB101 21855 RLC 72814 b
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of any order of the Board rendered pursuant
to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Department of State Police shall be discharged from
the Department of State Police as provided in the Employee
Rights Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 96-891, eff. 5-10-10.)
Section 15. The Uniform Peace Officers' Disciplinary Act is
amended by changing Sections 3.8 and 3.9 as follows:
(50 ILCS 725/3.8) (from Ch. 85, par. 2561)
Sec. 3.8. Admissions; counsel; verified complaint.
(a) No officer shall be interrogated without first being
advised in writing that admissions made in the course of the
interrogation may be used as evidence of misconduct or as the
basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has

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the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
(b) (Blank). Anyone filing a complaint against a sworn
peace officer must have the complaint supported by a sworn
affidavit. Any complaint, having been supported by a sworn
affidavit, and having been found, in total or in part, to
contain knowingly false material information, shall be
presented to the appropriate State's Attorney for a
determination of prosecution.
(Source: P.A. 97-472, eff. 8-22-11.)
(50 ILCS 725/3.9) (from Ch. 85, par. 2562)
Sec. 3.9. The officer under investigation shall have the
right to be represented by counsel of his or her choosing and
may request counsel at any time before or during interrogation.
When such request for counsel is made, no interrogation shall
proceed until reasonable time and opportunity are provided the
officer to obtain counsel.
If a collective bargaining agreement requires the presence
of a representative of the collective bargaining unit during
investigations, such representative shall be present during
the interrogation, unless this requirement is waived by the
officer being interrogated.
(Source: P.A. 83-981.)
(50 ILCS 725/3.10 rep.)

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(50 ILCS 725/3.11 rep.)
Section 20. The Uniform Peace Officers' Disciplinary Act is
amended by repealing Sections 3.10 and 3.11.