The following terms wherever used in this chapter shall have the following meanings unless a different meaning appears from the context:
"Chief Administrator" means the Chief Administrator of the Civilian Office of Police Accountability or the Chief Administrator's designee.
"Coercion" means the use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. As defined herein, "coercion" includes compelling a person to make statements.
"Commission" means the Community Commission for Public Safety and Accountability established in Chapter 2-80.
"Domestic violence" means physical abuse (other than sexual abuse), harassment, stalking, intimidation or violations of orders of protection (or similar court orders) involving a sworn officer's family or household member. As used in this definition, the term "family or household member" means spouses or former spouses; parents, children or stepchildren whether by blood or adoption; persons who share or formerly shared a common dwelling; persons who have or are alleged to have a child in common; or persons who have or have had a dating or engagement relationship.
"Excessive force" means a police officer's application of force which, either because of the type of force employed, or the extent to which such force is employed, exceeds the force that reasonably appears to be necessary under all the circumstances surrounding the incident, including whether any use of force was appropriate.
"Final Summary Report" means the report summarizing an investigation conducted by the Office concerning an incident of alleged police misconduct or another incident that is within the Office's jurisdiction that is made available to the public pursuant to Section 2-78-145, which shall contain, as applicable: (i) a description of the officers and subjects involved in the incident; (ii) the date, time and location of the incident; (iii) a description of the allegations and applicable rules; (iv) a narrative summary of the incident; (v) a narrative summary of the investigation; and (vi) the Office's findings and conclusions.
"Military status" has the meaning ascribed to the term in Section 6-10-020.
"Office" means the Civilian Office of Police Accountability established in this chapter.
"Police Board" means the Police Board established in Chapter 2-84 of this Code.
"Police Department" means the Department of Police established in Chapter 2-84 of this Code.
"Sexual misconduct" means:
(1) any behavior, occurring on or off duty, by a member of the Police Department that takes advantage of the Police Department member's position in law enforcement to misuse authority and power, including force, in order to commit a sexual act, initiate sexual contact with another person, or respond to a perceived sexually motivated cue (from a subtle suggestion to an overt action) from another person;
(2) any sexual communication or behavior, occurring on or off duty, by a member of the Police Department that would likely be construed as lewd, lascivious, inappropriate, or conduct unbecoming of a member of the Police Department; or
(3) any attempted or completed act, occurring on or off duty, by a member of the Police Department of nonconsensual sexual conduct or nonconsensual sexual penetration, as defined in Section 11-0.1 of the Illinois Criminal Code of 2012, criminal sexual assault, as defined in Sections 11-1.20 through 11-1.40 of the Illinois Criminal Code of 2012, or criminal sexual abuse, as defined in Sections 11-1.50 through 11-1.60 of the Illinois Criminal Code of 2012.
"Superintendent" means the Superintendent of Police or the Superintendent's designee.
"Transition Date" means the date when, in the discretion of the Chief Administrator, the Office has been established and is functioning to the point that it can assume the duties and investigations previously discharged by the Independent Police Review Authority, which shall be as soon as possible after January 1, 2017, but no later than September 30, 2017.
"Verbal abuse" means the use of oral or written remarks that are overtly insulting, mocking or belittling, directed at a person based upon the actual or, perceived race, immigration status, color, gender, age, religion, ancestry, national origin, sexual orientation, disability, marital status, parental status, military discharge status, source of income, or gender identity or expression of that person. "Verbal abuse" shall also include any unwelcome sexual advances or requests for sexual favors.
(Added Coun. J. 10-5-16, p. 34471, § 3; Amend Coun. J. 7-21-21, p. 33219, § 3; Amend Coun. J. 2-23-22, p. 45083, § 1; Amend Coun. J. 4-27-22, p. 46382, § 4)