2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 2610/ State Police Act.
(20 ILCS 2610/0.01) (from Ch. 121, par. 307.01)
Sec. 0.01.
Short title.
This Act may be cited as the
State Police Act.
(Source: P.A. 86‑1324.)
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(20 ILCS 2610/1) (from Ch. 121, par. 307.1)
Sec. 1.
The Department of State Police, hereinafter called the
Department, shall maintain divisions in accordance with Section
2605‑25 of the Department of State Police Law (20 ILCS
2605/2605‑25). The Department,
by
the Director, shall appoint State policemen, also known as State Police
Officers, as provided in this Act.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(20 ILCS 2610/2) (from Ch. 121, par. 307.2)
Sec. 2.
The Director shall be responsible for the management
and control of the Department. The Director shall make and adopt rules and
regulations for the direction, control, discipline and conduct of the
members of the Department and such other rules for the government and
operation of the Department as he may deem necessary. He shall also
designate the authority and responsibility within the limits of this Act
for each rank of State policemen in the Department.
(Source: P.A. 85‑1042.)
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(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3.
The Governor shall appoint, by and with the advice and consent of
the Senate, a Department of State Police Merit Board, hereinafter called
the Board, consisting of 5 members to hold office, one until the third
Monday in March, 1951, one until the third Monday in March, 1953, and
one until the third Monday in March, 1955, and until their respective
successors are appointed and qualified. One of the members added by this
amendatory Act of 1977 shall serve a term expiring on the third Monday
in March, 1980, and until his successor is appointed and qualified, and
one shall serve a term expiring on the third Monday in March, 1982, and
until his successor is appointed and qualified. Upon the expiration of
the terms of office of those first appointed, their respective
successors shall be appointed to hold office from the third Monday in
March of the year of their respective appointments for a term of six
years and until their successors are appointed and qualified for a like
term. No more than 3 members of the Board shall be affiliated with the
same political party. If the Senate is not in session at the time initial
appointments are made pursuant to this section, the Governor shall make
temporary appointments as in the case of a vacancy.
(Source: P.A. 87‑284.)
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(20 ILCS 2610/4) (from Ch. 121, par. 307.4)
Sec. 4.
In case of a vacancy in the office of any member of the Board
during the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall nominate
some person to fill such office; and any person so nominated, who is
confirmed by the Senate, shall hold his office during the remainder of the
term and until his successor shall be appointed and qualified.
(Source: Laws 1949, p. 1357.)
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(20 ILCS 2610/5) (from Ch. 121, par. 307.5)
Sec. 5.
Each member of the Board shall receive the sum of $125 per day
for each day during which he is engaged in transacting the business of the
Board, or an amount set by the Compensation Review Board, whichever is
greater, and, in addition thereto, his actual traveling and other expenses
necessarily incurred in discharging the duties of his office; provided, no
member of the Board shall receive compensation for more than 100
days of work in any one fiscal year.
(Source: P.A. 83‑1177.)
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(20 ILCS 2610/6) (from Ch. 121, par. 307.6)
Sec. 6.
The Board is authorized to employ such clerical and technical staff
assistants, not to exceed fifteen, as may be necessary to enable the Board
to transact its business and, if the rate of compensation is not otherwise
fixed by law, to fix their compensation.
(Source: Laws 1949, p. 1357.)
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(20 ILCS 2610/7) (from Ch. 121, par. 307.7)
Sec. 7.
As soon as practicable after the members of the Board have
been appointed, they shall meet and shall
organize by electing a chairman and a secretary. The initial chairman
and secretary, and their successors, shall be elected by the Board from
among its members for a term of two years or for the remainder of their
term of office as a member of the Board, which ever is the shorter.
Three members of the Board shall constitute a quorum for the transaction
of business. The Board shall hold regular quarterly meetings and such
other meetings as may be called by the chairman.
(Source: P.A. 80‑1305.)
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(20 ILCS 2610/7.1) (from Ch. 121, par. 307.7‑1)
Sec. 7.1.
In furtherance of the policy of this Act that the Board shall
exercise its powers and duties in an independent manner, subject to the
provisions of this Act but free from the direction, control or influence
of any other agency or department of State government, after June 30, 1989
all expenses and liabilities incurred by the Board in the performance of
its responsibilities hereunder shall be paid from funds which shall be appropriated
to the Board by the General Assembly for the ordinary and contingent expenses
of the Board.
(Source: P.A. 86‑931.)
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(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8.
The Board shall exercise jurisdiction over the certification for
appointment and promotion, and over the discipline, removal, demotion and
suspension of Department of State Police officers.
Pursuant to recognized
merit principles of public employment, the Board shall formulate, adopt,
and put into effect rules, regulations and procedures for its operation
and the transaction of its business. The Board shall establish a classification
of ranks of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Department of State Police officer
appointed by the Director shall be classified as a State Police officer
as follows: trooper, sergeant, master sergeant, lieutenant,
captain, or
major, or as a Special
Agent, Special Agent Sergeant, Special Agent Master Sergeant, Special Agent
Lieutenant, Special Agent Captain or Special Agent Major.
(Source: P.A. 84‑25.)
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(20 ILCS 2610/8.2) (from Ch. 121, par. 307.8b)
Sec. 8.2.
All State Policemen, regardless of rank, shall receive a longevity
increment at the start of their 5th, 10th, 15th, 20th and
25th years of service
with the Illinois State Police amounting to approximately five percent of a
trooper's salary for the year preceding that service anniversary.
(Source: P.A. 83‑914.)
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(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9.
Appointment; qualifications.
(a) Except as otherwise provided in this Section, the appointment of
Department of State Police officers shall be made from those applicants who
have been certified by the Board as being qualified for appointment. All
persons so appointed shall, at the time of their appointment, be not less than
21 years of age, or 20 years of age and have successfully completed 2 years of
law enforcement studies at an accredited college or university. Any person
appointed subsequent to successful completion of 2 years of such law
enforcement studies shall not have power of arrest, nor shall he be permitted
to carry firearms, until he reaches 21 years of age. In addition,
all persons so certified for appointment shall be of sound mind and body, be of
good moral character, be citizens of the United States, have no criminal
records, possess such prerequisites of training, education and experience as
the Board may from time to time prescribe, and shall be required to pass
successfully such mental and physical tests and examinations as may be
prescribed by the Board. Preference shall be given in such appointments to
persons who have honorably served in the military or naval services of the
United States. All appointees shall serve a probationary period of 12 months
from the date of appointment and during that period may be discharged at the
will of the Director. However, the Director may in his or her sole discretion
extend the probationary period of an officer up to an additional 6 months when
to do so is deemed in the best interest of the Department.
(b) Notwithstanding the other provisions of this Act, after July 1,
1977 and before July 1, 1980, the Director of State Police may appoint and
promote not more than 20 persons having special qualifications as special
agents as he deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following the effective date of this amendatory Act
of 1995, the Director of State Police may appoint up to 25 persons as State
Police officers. These appointments shall be made in accordance with the
requirements of this subsection (c) and any additional criteria that may be
established by the Director, but are not subject to any other requirements of
this Act. The Director may specify the initial rank for each person appointed
under this subsection.
All appointments under this subsection (c) shall be made from personnel
certified by the Board. A person certified by the Board and appointed by the
Director under this subsection must have been employed by the Illinois Commerce
Commission on November 30, 1994 in a job title
subject to the Personnel Code and in a position for which the person was
eligible to earn "eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension Code.
Persons appointed under this subsection (c) shall thereafter be subject to
the same requirements and procedures as other State police officers. A person
appointed under this subsection must serve a probationary period of 12 months
from the date of appointment, during which he or she may be discharged at the
will of the Director.
This subsection (c) does not affect or limit the Director's authority to
appoint other State Police officers under subsection (a) of this Section.
(Source: P.A. 92‑313, eff. 1‑1‑02.)
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(20 ILCS 2610/10) (from Ch. 121, par. 307.10)
Sec. 10.
Except as provided in Section 9 of this Act, promotion of Department
of State Police officers shall be made by the Director
from those candidates
who have been certified to him as being qualified for promotion. The Board
shall make certifications for promotions
on the basis of job performance measurement, seniority, education, or written
or oral examinations. All vacancies in all ranks above the lowest shall
be filled by promotion.
(Source: P.A. 84‑25.)
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(20 ILCS 2610/11) (from Ch. 121, par. 307.11)
Sec. 11.
All appointments and promotions shall be made in accordance with
the provisions of this Act and the rules and regulations of the Board
without considering the political affiliation of any applicant.
(Source: Laws 1953, p. 1329.)
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(20 ILCS 2610/12.1) (from Ch. 121, par. 307.12‑1)
Sec. 12.1.
No person may be retained in service as a State policeman after he has
reached 60 years of age.
(Source: P. A. 78‑308.)
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(20 ILCS 2610/12.2)
Sec. 12.2.
Burial benefit for State police officers killed in the line of
duty.
(a) The Department of State Police shall pay directly or reimburse, up to a
maximum of $10,000, the burial expenses of each State police officer who is
killed in the line of duty after June 30, 1997.
(b) The payments provided for in this Section shall be paid out of moneys
appropriated to the Department for the personal services of State police
officers.
(c) The Department of State Police shall adopt rules governing the
administration of this Section.
(Source: P.A. 90‑178, eff. 7‑23‑97.)
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(20 ILCS 2610/12.5)
Sec. 12.5. Zero tolerance drug policy. Any person employed by the
Department
of State Police who tests positive in accordance with established Departmental
drug
testing procedures for any substance prohibited by the Cannabis Control Act,
the
Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall be discharged from employment.
Refusal to
submit to a drug test, ordered in accordance with Departmental procedures, by
any person
employed by the Department shall be construed as a positive test, and the
person shall be
discharged from employment.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(20 ILCS 2610/13) (from Ch. 121, par. 307.13)
Sec. 13.
Disciplinary measures prescribed by the Board for Department
of State Police officers may be taken by the Director for the punishment of
infractions of the rules and regulations of the respective divisions as
promulgated by the Department. Such disciplinary measures may include
suspension of any such officer for a reasonable period, not exceeding 30 days.
Any officer so suspended, within 10 days after suspension, may petition
the Board in writing to review the suspension, and upon the filing of such
petition with the Board, the Board shall within a reasonable amount of time,
but no later than 30 days after the date of request for review set the written
petition for hearing before the Board upon not less than 10 days' notice
at a place to be designated by the chairman thereof.
The Board may sustain the action of the Director,
reverse it with instructions that the officer receive his
pay for the period involved, or reduce the length of suspension with instructions
that the officer's pay be adjusted accordingly. No later than July 1,
1987, the Board shall promulgate rules which include the standards to be
used in determining when compensation will be awarded to an officer who is
found not guilty or has served a greater period of suspension than
prescribed by the Board. The Board may not increase
the length of suspension imposed by the Director.
The Board may, by unanimous decision, dismiss the petition
if it has determined that there is no substantial basis for its review of
the suspension. In all other respects, the hearing shall be conducted in
the manner provided for in Section 14 hereof. The provisions of the
"Administrative Review Law" 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.
(Source: P.A. 85‑1042.)
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(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.
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 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 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. 94‑217, eff. 1‑1‑06.)
(20 ILCS 2610/14a)
Sec. 14a.
Statements obtained in violation of law.
Any statements or
admissions obtained during the course of any hearing or interrogation not
conducted in accordance with this Act may not be utilized against the officer
in any subsequent disciplinary proceeding. For the purposes of this Section,
"hearing" or "interrogation" means a hearing or interrogation conducted
pursuant to this Act.
(Source: P.A. 88‑419.)
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(20 ILCS 2610/16) (from Ch. 121, par. 307.16)
Sec. 16.
State policemen shall enforce the provisions of The Illinois
Vehicle Code, approved September 29, 1969, as amended,
and Article 9 of the "Illinois Highway Code" as amended; and shall patrol the
public highways and rural districts to make arrests for violations of the
provisions of such Acts. They are conservators of the peace and as such
have all powers possessed by policemen in cities, and sheriffs, except that
they may exercise such powers anywhere in this State. The State policemen
shall cooperate with the police of cities, villages and incorporated towns,
and with the police officers of any county, in enforcing the laws of the
State and in making arrests and recovering property. They may be equipped
with standardized and tested devices for weighing motor vehicles and may
stop and weigh, acting reasonably, or cause to be weighed, any motor
vehicle which appears to weigh in excess of the weight permitted by law. It
shall also be the duty of the State police to determine, whenever possible,
the person or persons or the causes responsible for the breaking or
destruction of any improved hard‑surfaced roadway; to arrest all persons
criminally responsible for such breaking or destruction and bring them
before the proper officer for trial. The Department of State Police
shall divide the State into Districts and assign each district to one or
more policemen. No person employed under this Act, however, shall serve or
execute civil process, except for process issued under the authority of the
General Assembly, or a committee or commission thereof vested with subpoena
powers when the county sheriff refuses or fails to serve such process, and
except for process issued under the authority of the Illinois Department of Revenue.
(Source: P.A. 84‑25.)
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(20 ILCS 2610/17) (from Ch. 121, par. 307.17)
Sec. 17.
The Division shall purchase and furnish to the
policemen
appropriate uniforms including a metal star or badge bearing the words
"Illinois State Police", identification, and such vehicles and other
equipment as may be necessary.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(20 ILCS 2610/17a) (from Ch. 121, par. 307.17a)
Sec. 17a.
The Department of Central Management Services
shall procure and furnish to each State policeman, without cost to him,
public liability insurance protecting him against any liability arising
out of his employment to the extent of the insurance policy limits not
exceeding
$100,000 or include each such State policeman under a self‑insurance plan
implemented under Section 405‑105 of the Department of Central
Management Services Law (20 ILCS 405/405‑105).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(20 ILCS 2610/18) (from Ch. 121, par. 307.18)
Sec. 18.
The Director may also authorize any
civilian employee of the Department who is not a State policeman to be
a truck weighing inspector with the power of enforcing the provisions of
Sections 15‑102, 15‑103, 15‑107, 15‑111 and subsection (d) of
Section 3‑401 of the Illinois Vehicle Code.
(Source: P.A. 88‑476; 89‑117, eff. 7‑7‑95.)
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(20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
Sec. 20.
The Department from time to time may enter into contracts with
The Illinois State Toll Highway Authority, hereinafter
called the Authority, with respect to the policing of
toll highways by the State Police. Such contracts shall provide among other
matters for the compensation or reimbursement of the Department by the
Authority for the costs incurred by this State with respect
to such policing service, including, but not limited to, the costs of: (1)
compensation and training of the State policemen and the clerical employees
assigned to such policing service; and (2) uniforms, equipment, supplies
and housing used by such personnel; and (3) reimbursement of such sums as
the State expends in connection with payments of claims for injuries or
illnesses suffered by such personnel in the line of duty. Each such contract
may provide for the methods of ascertaining such costs, and shall be of
such duration and may contain such other appropriate terms as the Department
and the Authority may agree upon. The Department is not
obliged to furnish policing service on any highway under the jurisdiction of the
Authority except as required by contract.
(Source: P.A. 81‑840.)
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(20 ILCS 2610/21) (from Ch. 121, par. 307.18b)
Sec. 21.
(a) The Department shall appoint as State policemen the number
of persons required for assignment to the policing of toll highways by
contracts made pursuant to Section 20 of this Act; and such policemen shall
have the same qualifications and shall be appointed and paid and shall
receive the same benefits, as all other State policemen.
(b) The Director shall assign such policemen in accordance with
the contract provisions, which may authorize temporary increases or decreases
in the number of policemen so assigned when emergency conditions so require.
(c) State policemen so assigned have, in policing the toll highways, all
powers and duties of enforcement and arrest which Section 16 of this Act
confers upon State policemen generally in policing other public highways
and other areas, and in addition have the duty to enforce all regulations
established by the Illinois State Toll Highway Authority pursuant to the
authority of "An Act in relation to the construction, operation,
regulation and maintenance of a system of toll highways and to create The
Illinois State Toll Highway Authority, and to define its powers and duties,
to make an appropriation in conjunction therewith", approved August 7, 1967, as amended.
(Source: P.A. 85‑1042.)
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(20 ILCS 2610/22) (from Ch. 121, par. 307.18c)
Sec. 22.
The Director and the State policemen appointed by him,
when authorized by the Director, may expend such sums as the Director
deems necessary in the purchase of evidence and in the employment of persons
to obtain evidence.
Such sums to be expended shall be advanced to the State policeman who is
to make such purchase or employment from funds appropriated or made available
by law for the support or use of the Department on vouchers therefor signed
by the Director.
(Source: P.A. 85‑1042.)
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(20 ILCS 2610/23) (from Ch. 121, par. 307.18d)
Sec. 23.
The Director may appoint auxiliary State policemen in
such number as he deems necessary. Such auxiliary policemen shall not be
regular State policemen. Such auxiliary State policemen shall
not supplement members of the regular State police in the performance
of their assigned and normal duties, except as otherwise provided herein.
Such auxiliary State policemen shall only be assigned to perform the following
duties: to aid or direct traffic, to aid in control of natural or man made
disasters, or to aid in case of civil disorder as directed by the commanding
officers. Identification symbols worn by such auxiliary State policemen
shall be different and distinct from those used by State policemen. Such
auxiliary State policemen shall at all times during the performance of their
duties be subject to the direction and control of the commanding officer.
Such auxiliary State policemen shall not carry firearms.
Auxiliary State policemen, prior to entering upon any of their duties,
shall receive a course of training in such police procedures as shall be
appropriate in the exercise of the powers conferred upon them, which training
and course of study shall be determined and provided by the Department of
State Police. Prior to the appointment of any auxiliary State policeman
his fingerprints shall be taken and no person shall be appointed as such
auxiliary State policeman if he has been convicted of a felony or other
crime involving moral turpitude.
All auxiliary State policemen shall be between the age of 21 and 60 years,
and shall serve without compensation.
The "Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol
Members, Paramedics and Firemen Compensation Act", approved September 30,
1969, as now or hereafter amended, shall be applicable to auxiliary State
policemen upon their death in the line of duty described herein.
(Source: P.A. 85‑1042.)
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