Firemen's Disciplinary Act

Sections covered

• 50 ILCS 745/1This Act shall be known and may be cited as the "Firemen's Disciplinary Act"
• 50 ILCS 745/2Definitions
• 50 ILCS 745/3Whenever a fireman is subjected to an interrogation within the meaning of this Act, the interrogation shall be conducted pursuant to Sections 3.1 through 3.11 of this Act
• 50 ILCS 745/3.1The interrogation shall take place at the facility to which the investigating officer is assigned, or at the facility which has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer
• 50 ILCS 745/3.10Admissions or confessions obtained during the course of any interrogation not conducted in accordance with this Act may not be utilized in any subsequent disciplinary proceeding against the fireman
• 50 ILCS 745/3.11In the course of any interrogation no fireman shall be required to submit to a polygraph test, or any other test questioning by means of any chemical substance, except with the fireman's express written consent
• 50 ILCS 745/3.2No fireman shall be subjected to questioning in relation to an allegation of misconduct without first being informed in writing of the allegations and whether the allegations, if proven, involve minor infractions or may result in removal, discharge, or suspension from duty in excess of 24 duty hours
• 50 ILCS 745/3.3All interrogations shall be conducted at a reasonable time of day
• 50 ILCS 745/3.4The fireman under investigation shall be informed of the name, rank and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation except at a public administrative proceeding
• 50 ILCS 745/3.5Interrogation sessions shall be of reasonable duration and shall permit the fireman interrogated reasonable periods for rest and personal necessities
• 50 ILCS 745/3.6The fireman being interrogated shall not be subjected to professional or personal abuse, including offensive language
• 50 ILCS 745/3.7A complete record of any interrogation shall be made, and a complete transcript or copy shall be made available to the fireman under investigation without charge and without undue delay
• 50 ILCS 745/3.8Local Government › 50 ILCS 745 — Firemen's Disciplinary Act
• 50 ILCS 745/3.9The fireman under investigation shall have the right to be represented by counsel of his or her choosing and may request counsel at any time before or during interrogation
• 50 ILCS 745/4The rights of firemen in disciplinary procedures set forth under this Act shall not diminish the rights and privileges of firemen that are guaranteed to all citizens by the Constitution and laws of the United States and of the State of Illinois
• 50 ILCS 745/5This Act does not apply to any fireman charged with violating any provisions of the Criminal Code of 1961, the Criminal Code of 2012, or any other federal, State, or local criminal law
• 50 ILCS 745/6The provisions of this Act apply only to the extent there is no collective bargaining agreement currently in effect dealing with the subject matter of this Act
• 50 ILCS 745/7Local Government › 50 ILCS 745 — Firemen's Disciplinary Act