Police and Community Relations Improvement Act

Checkout our iOS App for a better way to browser and research.

(50 ILCS 727/Art. 1 heading)

ARTICLE 1.

 

(50 ILCS 727/1-1)

Sec. 1-1. Short title. This Article may be cited as the Police and Community Relations Improvement Act. References in this Article to "this Act" mean this Article.

(Source: P.A. 99-352, eff. 1-1-16.)

 

(50 ILCS 727/1-5)

Sec. 1-5. Definitions. As used in this Act:

"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 a State, county, or municipality as a policeman, peace officer, or in some like position involving the enforcement of the law and protection of public interest at the risk of the person's life.

"Officer-involved death" means any death of an individual that results directly from an action or directly from an intentional omission, including unreasonable delay involving a person in custody or intentional failure to seek medical attention when the need for treatment is apparent, of a law enforcement officer while the officer is on duty, or otherwise acting within the scope of his or her employment, or while the officer is off duty, but performing activities that are within the scope of his or her law enforcement duties. "Officer-involved death" includes any death resulting from a motor vehicle accident, if the law enforcement officer was engaged in law enforcement activity involving the individual or the individual's vehicle in the process of apprehension or attempt to apprehend.

(Source: P.A. 99-352, eff. 1-1-16.)

 

(50 ILCS 727/1-10)

Sec. 1-10. Investigation of officer-involved deaths; requirements.

(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 law enforcement agency.

(b) Each officer-involved death investigation shall be conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator. The lead investigator shall be a person certified by the Illinois Law Enforcement Training Standards Board as a Lead Homicide Investigator, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Illinois State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school. No investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved death, unless the investigator is employed by the Illinois State Police and is not assigned to the same division or unit as the officer involved in the death.

(c) In addition to the requirements of subsection (b) of this Section, if the officer-involved death being investigated involves a motor vehicle accident, at least one investigator shall be certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist, or similar training approved by the Illinois Law Enforcement Training Standards Board or the Illinois State Police, or similar training provided at an Illinois Law Enforcement Training Standards Board certified school. Notwithstanding the requirements of subsection (b) of this Section, the policy for a 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 law enforcement agency and who is certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist, or similar training approved by the Illinois Law Enforcement Training and Standards Board, or similar certified training approved by the Illinois State Police, or similar training provided at an Illinois Law Enforcement Training and Standards Board certified school.

(d) 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.

(e) If the State's Attorney, or a designated special prosecutor, determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, or if the law enforcement officer is not otherwise charged or indicted, the investigators shall publicly release a report.

(Source: P.A. 102-538, eff. 8-20-21.)

 

(50 ILCS 727/1-15)

Sec. 1-15. Intra-agency investigations. This Act does not prohibit any law enforcement agency from conducting an internal investigation into the officer-involved death if the internal investigation does not interfere with the investigation conducted under the requirements of Section 1-10 of this Act.

(Source: P.A. 99-352, eff. 1-1-16.)

 

(50 ILCS 727/1-20)

Sec. 1-20. Compensation for investigations. Compensation for participation in an investigation of an officer-involved death under Section 1-10 of this Act may be determined in an intergovernmental or interagency agreement.

(Source: P.A. 99-352, eff. 1-1-16.)

 

(50 ILCS 727/1-25)

Sec. 1-25. Drug and alcohol testing.

(a) As used in this Section, "officer-involved shooting" means any instance when a law enforcement officer discharges his or her firearm, causing injury or death to a person or persons, during the performance of his or her official duties or in the line of duty.

(b) Each law enforcement agency shall adopt a written policy regarding drug and alcohol testing following an officer-involved shooting. The written policy adopted by the law enforcement agency must include the following requirements:

  • (1) each law enforcement officer who is involved in an officer-involved shooting must submit to drug and alcohol testing; and
  • (2) the drug and alcohol testing must be completed as soon as practicable after the officer-involved shooting but no later than the end of the involved officer's shift or tour of duty.

(Source: P.A. 100-389, eff. 8-25-17.)

 

(50 ILCS 727/1-30)

Sec. 1-30. Internal review of officer-involved shootings.

(a) As used in this Section, "officer-involved shooting" means any instance when a law enforcement officer discharges his or her firearm causing injury or death to a person or persons during the performance of his or her official duties or in the line of duty.

(b) Each law enforcement agency shall adopt a written policy for the internal review of officer-involved shootings. The written policy adopted by the law enforcement agency must include the following:

  • (1) Each law enforcement officer shall immediately report any officer-involved shooting to the appropriate supervising officer.
  • (2) Each law enforcement agency shall conduct a thorough review of the circumstances of the officer-involved shooting.

(c) Each written policy under this Section shall be available for copying and inspection under the Freedom of Information Act, and not subject to any exemption of that Act.

(Source: P.A. 100-970, eff. 1-1-19.)

 

(50 ILCS 727/1-35)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1-35. Anonymous complaint policy.

(a) Any person may file notice of an anonymous complaint to the Illinois Law Enforcement Training Standards Board of any conduct the person believes a law enforcement officer has committed as described in subsection (b) of Section 6.3 of the Illinois Police Training Act. Notwithstanding any other provision in State law or any collective bargaining agreement, the Board shall accept notice and investigate any allegations from individuals who remain anonymous.

(b) The Board shall complete a preliminary review of the allegations to determine whether further investigation is warranted. During the preliminary review, the Board will take all reasonable steps to discover any and all objective verifiable evidence relevant to the alleged violation through the identification, retention, review, and analysis of all available evidence, including, but not limited to: all time-sensitive evidence, audio and video evidence, physical evidence, arrest reports, photographic evidence, GPS records, computer data, lab reports, medical documents, and witness interviews. All reasonable steps will be taken to preserve relevant evidence identified during the preliminary investigation.

(c) If the Board determines that for an anonymous notice there is objective verifiable evidence to support the allegation or allegations, the Board shall complete a sworn affidavit override to comply with subsection (b) of Section 3.8 of the Uniform Peace Officers' Disciplinary Act. The sworn affidavit override shall be specified on a form to be determined by the Board, including what evidence has been reviewed and, in reliance upon that evidence, it shall be affirmed that it is necessary and appropriate for the investigation to continue. It shall forward that form and the alleged violation in accordance with subsection (f) of Section 6.3 of the Illinois Police Training Act.

(Source: P.A. 101-652, eff. 1-1-23.)


Download our app to see the most-to-date content.