Chicago Police Lieutenants Association

Summary of HB3653

As I indicated previously, the Qualified Immunity for Peace Officers remained in place. However, review number 4 below, a Task Force was commissioned to research the matter for future implementation.

The original bill included more extreme measures restricting Collective Bargaining Rights and expanding Discipline against officers. (Thank you Lt. Wright for your information). The final draft of the bill that passed excluded most of the Collective Bargaining restrictions for Unions and some of extreme Disciplinary measures. The language permitting sworn affidavits and anonymous complaints are written to override any CBA executed after the bill is enacted. The Disciplinary articles in the law will limit the Union’s ability to negotiate discipline, anonymous complaints, and sworn affidavits in future contract negotiations.

I included most of the highlights of the bill below, but if you are only interested in the portions that may affect us immediately or directly, you should only need to review the Bold summaries.

1. Create a Statewide Use of Force Standard by 1/1/2022.

2. Create a Statewide database of Prisoners for the Board of Elections regarding current residence.

3. Standardize Death in Custody cases, investigations, forms, etc.

4. Create a Task Force on Constitutional Rights and Remedies to “develop and propose policies and procedures to review and reform constitutional rights and remedies, including qualified immunity for Peace Officers. This Article is opening the door to future legislation and/or recommendations by the Task Force to eventually eliminate our qualified immunity protections.

5. Eliminates Cash Bond, see 10 below. The bill has extensive language on factors for Bond, detention, etc. Essentially the Judges will need to clarify and justify why an arrestee was not released while awaiting trial.

6. Increase Community Law Enforcement, provides funding and includes all first responders as well as training in addictive subjects, racial bias, working with communities, etc. (See Page 40 for the list). (Similar to our Consent Decree)

7. Authorizes the Illinois Attorney General greater flexibility to investigate and bring Civil Rights actions by Government Authorities.

8. Eliminates affidavit requirement for anonymous complaints, effective immediately, shall apply to any CBA entered after this date.

9. Requires public notice for acquisition of surplus Military equipment.

10. Creates an oversight board to collect pretrial data to assess all related info on pretrial arrestees and procedures.

11. Provides further whistleblower protections for government workers.

12. Permanent retention of Police misconduct records.

13. Establish minimum mental health standards and screening for PPOs and Peace officers.

14. Notification to the Illinois Police Training Board of any misconduct to maintain a statewide database.

15. Require Crisis intervention training for all PPOs.

16. Increase minimum statewide IST, similar to our current model under the consent decree.

17. BWC statewide implementation, as well as reporting to state on usage.

18. Standardized crime reporting to be completed monthly under the FBI reporting model.

19. Monthly reporting on CIT and Use of Force incidents to the State.

20. Anonymous Complaints permitted, the language is similar to the language issued by Arbitrator Roumell in our CBA.

21. Notification to the State if Pretrial release of has been revoked.

22. Restricts the SOS to suspend licenses for failure to pay fines associated with traffic.

23. Use of Force language was introduced to have a standard statewide, a cursory review of the language seems similar to the CPD Use of Force language.

24. Provides a Duty to Render Aid and Duty to Intervene.

25. Law Enforcement Misconduct, (p.306 for details) described as failure to provide facts in an incident, withholding information, or failure to wear a BWC, Class 3 Felony.

26. Issuance of Citations for traffic, Class B and Class C Misdemeanor offenses.

27. Prisoners shall be permitted phone contact with Family and/or Attorney as soon as possible but no later than 3 hours after being taken into custody.

28. Sentencing reductions for prisoners enrolled in self-improvement programs.

29. Updates Victim compensation legislation.

30. Corrections officer training requirements.

31. Authorizes usurping the mandatory minimum sentencing.

32. Establish Statewide Merit Board reviewing State Police hiring and promotions.

33. Inclusion of Language regarding termination of law-enforcement and Disciplinary Data reports (p. 663).

34. Establishment of Illinois Law Enforcement Certification Review Panel. (P. 676)

35. Decertification of Law Enforcement officers, expands the decertification process for lesser crimes or violations while employed in other jurisdictions.

36. Emergency orders of suspension of officer for arrests on felony charges. (p. 734)

37. Officer Professional conduct database transparency requirements. (P. 744)

Michael Stiscak

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