Rep. Justin Slaughter
Filed: 4/23/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 5303




2 AMENDMENT NO. ______. Amend House Bill 5303 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Counties Code is amended by changing 
5Sections 3-7011 and 3-7012 and by adding Section 3-7018 as 
6follows:




7 (55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)



8 Sec. 3-7011. Disciplinary measures. Disciplinary measures

9prescribed by the Board may be taken by the sheriff for the

10punishment of infractions of the rules and regulations 
11promulgated
by the Board. Such disciplinary measures may 
12include suspension
of any deputy sheriff in the County Police 
13Department, any
full-time deputy sheriff not employed as a 
14county police officer
or county corrections officer and any 
15employee in the County
Department of Corrections for a 
16reasonable period for all discipline less than termination , not 
 
 
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1exceeding
30 days, without complying with the provisions of 
2Section 3-7012 hereof.

3(Source: P.A. 86-962.)





4 (55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)



5 Sec. 3-7012. Removal, demotion or suspension. Except as is

6otherwise provided in this Division, no deputy sheriff in
the 
7County Police Department, no full-time deputy sheriff not 
8employed
as a county police officer or county corrections 
9officer and no employee in
the County Department of Corrections 
10shall be removed, demoted or suspended
except for cause, upon 
11written charges filed with the Board by the Sheriff
and a 
12hearing before the Board, or a hearing officer designated by 
13the Board, thereon upon not less than 10 days' notice
at a 
14place to be designated by the chairman thereof. At such 
15hearing, the
accused deputy sheriff shall be afforded full 
16opportunity to be heard in
his or her own defense and to 
17produce proof in his or her defense. The
Board, or a hearing 
18officer designated by the Board, shall have the power to secure 
19by its subpoena both the attendance
and testimony of witnesses 
20and the production of books and papers in
support of the 
21charges and for the defense. The fees of witnesses for

22attendance and travel shall be the same as the fees of 
23witnesses before the
circuit courts of this State, and shall be 
24paid in the same manner as other
expenses of the Board. Each 
25member of the Board, and hearing officers designated by the 
 
 
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1Board, shall have the power to
administer oaths or 
2affirmations. If the charges against an accused deputy
sheriff 
3are established by a preponderance of evidence, the Board, or a 
4hearing officer designated by the Board, shall
make a finding 
5of guilty and order either removal, demotion, suspension for
a 
6period of not more than 180 days, or such other disciplinary 
7punishment
as may be prescribed by the rules and regulations of 
8the Board which, in
the opinion of the members thereof, the 
9offense merits. The Board shall render its decision no later 
10than 90 days following the conclusion of any hearings conducted 
11under the provisions of this Section. Thereupon the
sheriff 
12shall direct such removal or other punishment as ordered by the

13Board and if the accused deputy sheriff refuses to abide by any 
14such
disciplinary order, the sheriff shall remove him or her 
15forthwith.

16 In case of the neglect or refusal of any person to obey a 
17subpoena
issued by the Board, or a hearing officer designated 
18by the Board, any circuit court or a judge thereof, upon 
19application
of any member of the Board, or a hearing officer 
20designated by the Board, may order such person to appear before 
21the
Board and give testimony or produce evidence, and any 
22failure to obey such
order is punishable by the court as a 
23contempt thereof.

24 The provisions of the Administrative Review Law,
and all 
25amendments and modifications thereof, and the rules adopted

26pursuant thereto, shall apply to and govern all proceedings for 
 
 
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1the
judicial review of any order of the Board rendered pursuant 
2to the
provisions of this Section.

3(Source: P.A. 86-962.)


4 (55 ILCS 5/3-7018 new)
5 Sec. 3-7018. Collective bargaining. Nothing in this 
6Division shall be used to supplant or undermine existing 
7agreements or proscribe future agreements achieved by 
8collective bargaining, nor shall the provisions of this 
9Division diminish the rights and protections under the Illinois 
10Public Labor Relations Act.


11 Section 99. Effective date. This Act takes effect upon 
12becoming law.".