Bill Text: IL SB0071 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Creates the Law Enforcement Officer-Involved Death Review Act. Provides that each law enforcement agency shall adopt a policy regarding the investigation of law enforcement officer-involved deaths. Provides policy requirements, investigator qualifications, and compensation. Provides for the publication of reports of investigations when the law enforcement officer involved in the death that was investigated is not indicted for or charged with a criminal offense. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0071 Detail]

Download: Illinois-2015-SB0071-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0071 Introduced 1/28/2015, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
New Act
Creates the Law Enforcement Officer-Involved Death Review Act. Provides that each law enforcement agency shall adopt a policy regarding the investigation of law enforcement officer-involved deaths. Provides policy requirements, investigator qualifications, and compensation. Provides for the publication of reports of investigations when the law enforcement officer involved in the death that was investigated is not indicted for or charged with a criminal offense. Defines terms. Effective immediately.
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A BILL FOR
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AN ACT concerning public safety.
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 Law
Enforcement Officer-Involved Death Review Act.
Section 5. Definitions. As used in this Act:
"Law enforcement agency" or "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 officer,
agent, or employee of this State or a unit of local government
authorized by law or by a government agency to engage in or
supervise the prevention, detection, or investigation of any
violation of criminal law, or authorized by law to supervise
accused persons or sentenced criminal offenders.
"Law enforcement officer-involved death" or
"officer-involved death" means a death of an individual that
results directly from an action or an omission of a law
enforcement officer while the law enforcement officer is on
duty, or otherwise acting within the scope of his or her
employment, or while the law enforcement officer is off duty
but performing activities in his or her capacity as a law

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enforcement officer or that would otherwise be within the scope
of his or her duties as a law enforcement officer.
Section 10. Policy; requirements.
(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved deaths
involving law enforcement officers employed by that law
enforcement agency.
(b) Each investigation shall be conducted by at least 2
investigators. The lead investigator shall be certified by the
Illinois Law Enforcement Training and Standards Board as a Lead
Homicide Investigator. No investigator involved in the
investigation may be employed by the law enforcement agency
that employed the officer involved in the officer-involved
death.
(c) In addition to the requirements of subsection (b) of
this Section, if the officer-involved death being investigated
involves a motor vehicle collision, at least one investigator
shall be certified by the Illinois Law Enforcement Training and
Standards Board as a Crash Reconstruction Specialist.
Notwithstanding the requirements of subsection (b) of this
Section, the policy for a State law enforcement agency, when
the officer-involved death being investigated involves a motor
vehicle collision, may allow the use of an investigator who is
employed by that State law enforcement agency and who is
certified by the Illinois Law Enforcement Training and

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Standards Board as a Crash Reconstruction Specialist.
(d) A policy may allow the law enforcement agency to
conduct its own internal investigation into the
officer-involved death, provided that the internal
investigation does not interfere with the investigation
conducted under this Act.
Section 15. Compensation. Compensation for service
provided to an investigation under this Act shall be determined
by the law enforcement agencies involved, and may be determined
in a manner consistent with existing mutual aid agreements or
other intergovernmental agreements.
Section 20. Reports; publication.
(a) Investigators conducting an investigation under this
Act shall, in an expeditious manner, provide a complete report
to the State's Attorney of the county in which the
officer-involved death occurred.
(b) If the case is presented to a grand jury, the
investigators shall provide a complete report to the grand jury
of their findings, and shall be available to testify before the
grand jury as the grand jury may direct by subpoena or
otherwise. If the grand jury does not indict the law
enforcement officer involved in the officer-related death,
notwithstanding any provision of law to the contrary, the
investigators shall promptly release to the public the report

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of their investigation.
(c) If the case is not presented to a grand jury and the
State's Attorney determines there is no basis upon which to
charge the law enforcement officer involved in the
officer-involved death, notwithstanding any provision of law
to the contrary, the investigators shall promptly release to
the public the report of their investigation.
Section 99. Effective date. This Act takes effect upon
becoming law.