HB5303 Enrolled LRB100 18947 AWJ 34197 b
1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Counties Code is amended by changing
5		Sections 3-7002, 3-7004, 3-7008, 3-7011, and 3-7012 as follows:
6		(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
7		Sec. 3-7002. Cook County Sheriff's Merit Board. There is
8		created the Cook County Sheriff's Merit Board, hereinafter
9		called the Board, consisting of not less than 3 and not more
10		than 7 members appointed by the Sheriff with the advice and
11		consent of three-fifths of the county board, except that the
12		Sheriff may appoint 2 additional members, with the advice and
13		consent of three-fifths of the county board, at his or her
14		discretion. Of the members first appointed, one shall serve
15		until the third Monday in March, 1965 one until the third
16		Monday in March, 1967, and one until the third Monday in March,
17		1969. Of the 2 additional members first appointed under
18		authority of this amendatory Act of 1991, one shall serve until
19		the third Monday in March, 1995, and one until the third Monday
20		in March, 1997. Of the 2 additional members first appointed
21		under the authority of this amendatory Act of the 91st General
22		Assembly, one shall serve until the third Monday in March, 2005
23		and one shall serve until the third Monday in March, 2006.

HB5303 Enrolled - 2 - LRB100 18947 AWJ 34197 b
1		Upon the expiration of the terms of office of those first
2		appointed (including the 2 additional members first appointed
3		under authority of this amendatory Act of 1991 and under the
4		authority of this amendatory Act of the 91st General Assembly),
5		their respective successors shall be appointed to hold office
6		from the third Monday in March of the year of their respective
7		appointments for a term of 6 years and until their successors
8		are appointed and qualified for a like term. As additional
9		members are appointed under authority of this amendatory Act of
10		1997, their terms shall be set to be staggered consistently
11		with the terms of the existing Board members.
12		Notwithstanding any provision in this Section to the
13		contrary, the term of office of each member of the Board is
14		abolished on the effective date of this amendatory Act of the
15		100th General Assembly. Of the 7 members first appointed after
16		the effective date of this Act of the 100th General Assembly, 2
17		shall serve until the third Monday in March 2019, 2 shall serve
18		until the third Monday in March 2021, and 3 members shall serve
19		until the third Monday in March 2023. The terms of the 2
20		additional members first appointed after the effective date of
21		this Act of the 100th General Assembly shall be staggered
22		consistently with the terms of the other Board members.
23		Successors or reappointments shall be appointed to hold office
24		from the third Monday in March of the year of their respective
25		appointments for a term ending on the third Monday in March of
26		6 years following the preceding term expiration. Each member of

HB5303 Enrolled - 3 - LRB100 18947 AWJ 34197 b
1		the Board shall hold office until his or her successor is
2		appointed and qualified or the member is reappointed. In all
3		appointments, the county board has the power to approve terms
4		to ensure the Board fulfills its mandate.
5		In the case of a vacancy in the office of a member prior to
6		the conclusion of the member's term, the Sheriff shall, with
7		the advice and consent of three-fifths of the county board,
8		appoint a person to serve for the remainder of the unexpired
9		term.
10		No more than one-half plus one of the 3 members of the
11		Board shall be affiliated with the same political party.
12		Political affiliation is determined, for purposes of this
13		Section, as the political affiliation an appointed member has
14		or does not have at the time the appointment is approved by the
15		county board and shall continue to be so determined until the
16		member discontinues serving on the Board , except that as
17		additional members are appointed by the Sheriff, the political
18		affiliation of the Board shall be such that no more than
19		one-half of the members plus one additional member may be
20		affiliated with the same political party. No member shall have
21		held or have been a candidate for an elective public office
22		within one year preceding his or her appointment.
23		The Sheriff may deputize members of the Board.
24		(Source: P.A. 100-562, eff. 12-8-17.)
25		(55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)

HB5303 Enrolled - 4 - LRB100 18947 AWJ 34197 b
1		Sec. 3-7004. Clerical and technical staff assistants and
2		hearing officers. The Board is authorized to employ such
3		clerical and technical staff assistants as may be necessary to
4		enable the Board to transact its business and to fix their
5		compensation. The Board is authorized to employ hearing
6		officers to conduct hearings under Section 3-7012. Hearing
7		officers employed by the Board shall be qualified to hold the
8		position as determined by the Board. Hearing officers shall be
9		attorneys licensed to practice law in this State.
10		(Source: P.A. 86-962.)
11		(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
12		Sec. 3-7008. Appointments. The appointment of deputy
13		sheriffs in the Police Department, full-time deputy sheriffs
14		not employed as county police officers or county corrections
15		officers and of employees in the Department of Corrections
16		shall be made from those applicants who have been certified by
17		the Board as being qualified for appointment. Certification for
18		appointment in one department shall not constitute
19		certification for appointment in another department.
20		Certification may be made at any point prior to appointment and
21		may be made in conjunction with the Sheriff's application
22		process. All persons so appointed shall, at the time of their
23		appointment, be not less than 21 years of age, or 20 years of
24		age and have successfully completed 2 years of law enforcement
25		studies at an accredited college or university. Any person

HB5303 Enrolled - 5 - LRB100 18947 AWJ 34197 b
1		appointed subsequent to successful completion of 2 years of
2		such law enforcement studies shall not have power of arrest,
3		nor shall he or she be permitted to carry firearms, until he or
4		she reaches 21 years of age. In addition, all persons so
5		appointed shall be not more than the maximum age limit fixed by
6		the Board from time to time, be of sound mind and body, be of
7		good moral character, be citizens of the United States, have
8		not been convicted of a crime which the Board considers to be
9		detrimental to the applicant's ability to carry out his or her
10		duties, possess such prerequisites of training, education and
11		experience as the Board may from time to time prescribe, and
12		shall be required to pass successfully mental, physical,
13		psychiatric and other tests and examinations as may be
14		prescribed by the Board. Preference shall be given in such
15		appointments to persons who have honorably served in the
16		military or naval services of the United States. Before
17		entering upon his or her duties, each deputy sheriff in the
18		County Police Department shall execute a good and sufficient
19		bond, payable to the People of the State of Illinois, in the
20		penal sum of $1,000 and to the Sheriff of the County where he
21		or she is employed in the sum of $10,000, conditioned on the
22		faithful performance of his or her duties. All appointees shall
23		serve a probationary period of 12 months and during that period
24		may be discharged at the will of the Sheriff. However, civil
25		service employees of the house of correction who have certified
26		status at the time of the transfer of the house of correction

HB5303 Enrolled - 6 - LRB100 18947 AWJ 34197 b
1		to the County Department of Corrections are not subject to this
2		probationary period, and they shall retain their job titles,
3		such tenure privileges as are now enjoyed and any subsequent
4		title changes shall not cause reduction in rank or elimination
5		of positions.
6		(Source: P.A. 86-962.)
7		(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
8		Sec. 3-7011. Disciplinary measures. Disciplinary measures
9		prescribed by the Board may be taken by the sheriff for the
10		punishment of infractions of the rules and regulations
11		promulgated by the Board. Such disciplinary measures may
12		include suspension of any deputy sheriff in the County Police
13		Department, any full-time deputy sheriff not employed as a
14		county police officer or county corrections officer and any
15		employee in the County Department of Corrections and any other
16		discipline that does not constitute termination or demotion for
17		a reasonable period, not exceeding 30 days, without complying
18		with the provisions of Section 3-7012 hereof.
19		(Source: P.A. 86-962.)
20		(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
21		Sec. 3-7012. Removal, demotion or suspension. Except as is
22		otherwise provided in this Division, no deputy sheriff in the
23		County Police Department, no full-time deputy sheriff not
24		employed as a county police officer or county corrections

HB5303 Enrolled - 7 - LRB100 18947 AWJ 34197 b
1		officer and no employee in the County Department of Corrections
2		shall be removed, demoted or suspended except for cause, upon
3		written charges filed with the Board by the Sheriff and a
4		hearing before the Board thereon upon not less than 10 days'
5		notice at a place to be designated by the chairman thereof. At
6		such hearing, the accused deputy sheriff shall be afforded full
7		opportunity to be heard in his or her own defense and to
8		produce proof in his or her defense. The Board shall have the
9		power to secure by its subpoena both the attendance and
10		testimony of witnesses and the production of books and papers
11		in support of the charges and for the defense. The fees of
12		witnesses for attendance and travel shall be the same as the
13		fees of witnesses before the circuit courts of this State, and
14		shall be paid in the same manner as other expenses of the
15		Board. Each member of the Board shall have the power to
16		administer oaths or affirmations. If the charges against an
17		accused deputy sheriff are established by a preponderance of
18		evidence, the Board shall make a finding of guilty and order
19		either removal, demotion, suspension for a period of not more
20		than 180 days, or such other disciplinary punishment as may be
21		prescribed by the rules and regulations of the Board which, in
22		the opinion of the members thereof, the offense merits. The
23		Board shall render its decision no later than 120 days
24		following the conclusion of any hearings conducted under this
25		Section. Thereupon the sheriff shall direct such removal or
26		other punishment as ordered by the Board and if the accused

HB5303 Enrolled - 8 - LRB100 18947 AWJ 34197 b
1		deputy sheriff refuses to abide by any such disciplinary order,
2		the sheriff shall remove him or her forthwith. On and after
3		June 1, 2018, for an appointed officer rank subject to hearing
4		under this Section that is covered by a collective bargaining
5		agreement, disciplinary measures and the method of review of
6		those measures are subject to mandatory bargaining, including,
7		but not limited to, the use of impartial arbitration as an
8		alternative or supplemental form of due process and any of the
9		procedures laid out in this Section.
10		Within 21 days after the conclusion of a hearing overseen
11		by a hearing officer appointed under Section 3-7004, the
12		hearing officer shall issue a recommended order in writing,
13		which shall include findings of fact and a determination of
14		whether cause for discipline has been established by the
15		Sheriff. The hearing officer shall also recommend whether
16		discipline should be imposed and the level of the discipline.
17		Any hearing officer may issue the recommended order. Within 21
18		days after receipt of service of the recommended order, the
19		Sheriff and the respondent may file with the board written
20		exceptions to any part of the order. Exceptions shall be
21		supported by argument and served on all parties at the time
22		they are filed. If no exceptions are filed, the recommended
23		order shall become the order of the board without further
24		review. The board may set any further rules in accordance with
25		this Section.
26		In case of the neglect or refusal of any person to obey a

HB5303 Enrolled - 9 - LRB100 18947 AWJ 34197 b
1		subpoena issued by the Board, any circuit court or a judge
2		thereof, upon application of any member of the Board, may order
3		such person to appear before the Board and give testimony or
4		produce evidence, and any failure to obey such order is
5		punishable by the court as a contempt thereof.
6		The provisions of the Administrative Review Law, and all
7		amendments and modifications thereof, and the rules adopted
8		pursuant thereto, shall apply to and govern all proceedings for
9		the judicial review of any order of the Board rendered pursuant
10		to the provisions of this Section.
11		(Source: P.A. 86-962.)
12		(55 ILCS 5/3-7007 rep.)
13		Section 10. The Counties Code is amended by repealing
14		Section 3-7007.