Bill Text: IL HB3174 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Filed with the Clerk by Rep. Jennifer Gong-Gershowitz [HB3174 Detail]

Download: Illinois-2025-HB3174-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3174 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
50 ILCS 705/9.2
55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately.
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A BILL FOR
HB3174 LRB104 05065 RTM 15093 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended by
changing Section 9.2 as follows:
(50 ILCS 705/9.2)
Sec. 9.2. Officer professional conduct database;
transparency.
(a) All law enforcement agencies and the Illinois State
Police shall notify the Board of any final determination of a
willful violation of department, agency, or the Illinois State
Police policy, official misconduct, or violation of law within
10 days when:
(1) the determination leads to a suspension of at
least 10 days;
(2) any infraction that would trigger an official or
formal investigation under a law enforcement agency or the
Illinois State Police policy;
(3) there is an allegation of misconduct or regarding
truthfulness as to a material fact, bias, or integrity; or
(4) the officer resigns or retires during the course
of an investigation and the officer has been served notice
that the officer is under investigation.

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Agencies and the Illinois State Police may report to the
Board any conduct they deem appropriate to disseminate to
another law enforcement agency regarding a law enforcement
officer.
The agency or the Illinois State Police shall report to
the Board within 10 days of a final determination and final
exhaustion of any administrative appeal, or the law
enforcement officer's resignation or retirement, and shall
provide information regarding the nature of the violation.
This notification shall not necessarily trigger certification
review.
A law enforcement agency and the Illinois State Police
shall be immune from liability for a disclosure made as
described in this subsection, unless the disclosure would
constitute intentional misrepresentation or gross negligence.
(b) Within 14 days after receiving notification from a law
enforcement agency or the Illinois State Police, the Board
must notify the law enforcement officer of the report and the
officer's right to provide a statement regarding the reported
violation. The law enforcement officer shall have 14 days from
receiving notice to provide a written objection contesting
information included in the agency's report. The objection
must be filed with the Board on a form prescribed by the Board
and a copy must be served on the law enforcement agency. The
objection shall remain in the database with the reported
violation.

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(c) The Board shall maintain a database readily available
to any chief administrative officer, or the officer's
designee, of a law enforcement agency and the Illinois State
Police that shall show for each law enforcement officer: (i)
dates of certification, decertification, and inactive status;
(ii) each sustained instance of departmental misconduct that
lead to a suspension at least 10 days or any infraction that
would trigger an official or formal investigation under the
law enforcement agency policy, any allegation of misconduct
regarding truthfulness as to a material fact, bias, or
integrity, or any other reported violation, the nature of the
violation, the reason for the final decision of discharge or
dismissal, and any statement provided by the officer; (iii)
date of separation from employment from any local or state law
enforcement agency; (iv) the reason for separation from
employment, including, but not limited to: whether the
separation was based on misconduct or occurred while the law
enforcement agency was conducting an investigation of the
certified individual for a violation of an employing agency's
rules, policy or procedure or other misconduct or improper
action.
(1) This database shall also be accessible to the
State's Attorney of any county in this State and the
Attorney General for the purpose of complying with
obligations under Brady v. Maryland (373 U.S. 83) or
Giglio v. United States (405 U.S. 150). This database

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shall also be accessible to the chief administrative
officer of any law enforcement agency for the purposes of
hiring law enforcement officers. This database shall not
be accessible to anyone not listed in this subsection. The
Board shall record in the database whether or not an
officer has been reported by a State's Attorney as being
uncredible for the presentation of testimony.
(2) Before a law enforcement agency may appoint a law
enforcement officer or a person seeking a certification as
a law enforcement officer in this State, the chief
administrative officer or designee must check the Officer
Professional Conduct Database, contact each person's
previous law enforcement employers, and document the
contact. This documentation must be available for review
by the Board for a minimum of five years after the law
enforcement officer's termination, retirement,
resignation or separation with that agency.
(3) The database, documents, materials, or other
information in the possession or control of the Board that
are obtained by or disclosed to the Board under this
subsection shall be confidential by law and privileged,
shall not be subject to subpoena, and shall not be subject
to discovery or admissible in evidence in any private
civil action when sought from the Board. However, the
Board is authorized to use such documents, materials, or
other information in furtherance of any regulatory or

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legal action brought as part of the Board's official
duties. The Board shall not disclose the database or make
such documents, materials, or other information it has
obtained or that has been disclosed to it to the public.
Neither the Board nor any person who received documents,
materials or other information shared under this
subsection shall be required to testify in any private
civil action concerning the database or any confidential
documents, materials, or information subject to this
subsection.
(d) The Board shall maintain a searchable database of law
enforcement officers accessible to the public that shall
include: (i) the law enforcement officer's employing agency;
(ii) the date of the officer's initial certification and the
officer's current certification status; and (iii) any
sustained complaint of misconduct that resulted in
decertification and the date thereof; provided, however, that
information shall not be included in the database that would
allow the public to ascertain the home address of an officer or
another person; provided further, that information regarding
an officer's or another person's family member shall not be
included in the database. The Board shall make the database
publicly available on its website.
(e) The Board shall maintain a searchable database of all
completed investigations against law enforcement officers
related to decertification. The database shall identify each

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law enforcement officer by a confidential and anonymous number
and include: (i) the law enforcement officer's employing
agency; (ii) the date of the incident referenced in the
complaint; (iii) the location of the incident; (iv) the race
and ethnicity of each officer involved in the incident; (v)
the age, gender, race and ethnicity of each person involved in
the incident, if known; (vi) whether a person in the
complaint, including a law enforcement officer, was injured,
received emergency medical care, was hospitalized or died as a
result of the incident; (vii) the law enforcement agency or
other entity assigned to conduct an investigation of the
incident; (viii) when the investigation was completed; (ix)
whether the complaint was sustained; and (x) the type of
misconduct investigated; provided, however, that the Board
shall redact or withhold such information as necessary to
prevent the disclosure of the identity of an officer. The
Board shall make the database publicly available on its
website.
(e-1) An investigation is complete when the investigation
has either been terminated or the decertification action,
including the administrative review process, has been
completed, whichever is later.
(e-2) At any time, a law enforcement officer shall have
access to the law enforcement officer's own records on file
with the Board, as it pertains to the databases in this
Section.

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(f) Annual report. The Board shall submit an annual report
to the Governor, Attorney General, President and Minority
Leader of the Senate, and the Speaker and Minority Leader of
the House of Representatives on or before March 1, 2023, and
every year thereafter indicating:
(1) the number of complaints received in the preceding
calendar year, including but not limited to the race,
gender, and type of discretionary decertification
complaints received;
(2) the number of investigations initiated in the
preceding calendar year since the date of the last report;
(3) the number of investigations concluded in the
preceding calendar year;
(4) the number of investigations pending as of the
last date of the preceding calendar year;
(5) the number of hearings held in the preceding
calendar year; and
(6) the number of officers decertified in the
preceding calendar year.
The annual report shall be publicly available on the
website of the Board.
(g) Nothing in this Section shall exempt a law enforcement
agency from which the Board has obtained data, documents,
materials, or other information or that has disclosed data,
documents, materials, or other information to the Board from
disclosing public records in accordance with the Freedom of

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Information Act.
(h) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly and Public Act 101-652 take effect July
1, 2022.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
Section 10. The Counties Code is amended by changing
Section 3-9005 as follows:
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's Attorney.
(a) The duty of each State's Attorney shall be:
(1) To commence and prosecute all actions, suits,
indictments and prosecutions, civil and criminal, in the
circuit court for the county, in which the people of the
State or county may be concerned.
(2) To prosecute all forfeited bonds and
recognizances, and all actions and proceedings for the
recovery of debts, revenues, moneys, fines, penalties and
forfeitures accruing to the State or the county, or to any
school district or road district in the county; also, to
prosecute all suits in the county against railroad or
transportation companies, which may be prosecuted in the
name of the People of the State of Illinois.
(3) To commence and prosecute all actions and

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proceedings brought by any county officer in the county
officer's official capacity.
(4) To defend all actions and proceedings brought
against the county, or against any county or State
officer, in the county or State officer's official
capacity, within the county.
(5) To attend the examination of all persons brought
before any judge on habeas corpus, when the prosecution is
in the county.
(6) To attend before judges and prosecute charges of
felony or misdemeanor, for which the offender is required
to be recognized to appear before the circuit court, when
in the State's Attorney's power so to do.
(7) To give the State's Attorney's opinion, without
fee or reward, to any county officer in the county, upon
any question or law relating to any criminal or other
matter, in which the people or the county may be
concerned.
(8) To assist the Attorney General whenever it may be
necessary, and in cases of appeal from the county to the
Supreme Court, to which it is the duty of the Attorney
General to attend, the State's Attorney shall furnish the
Attorney General at least 10 days before such is due to be
filed, a manuscript of a proposed statement, brief and
argument to be printed and filed on behalf of the people,
prepared in accordance with the rules of the Supreme

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Court. However, if such brief, argument or other document
is due to be filed by law or order of court within this
10-day period, then the State's Attorney shall furnish
such as soon as may be reasonable.
(9) To pay all moneys received by the State's Attorney
in trust, without delay, to the officer who by law is
entitled to the custody thereof.
(10) To notify, by first class mail, complaining
witnesses of the ultimate disposition of the cases arising
from an indictment or an information.
(11) To perform such other and further duties as may,
from time to time, be enjoined on the State's Attorney by
law.
(12) To appear in all proceedings by collectors of
taxes against delinquent taxpayers for judgments to sell
real estate, and see that all the necessary preliminary
steps have been legally taken to make the judgment legal
and binding.
(13) To notify, by first-class mail, the State
Superintendent of Education, the applicable regional
superintendent of schools, and the superintendent of the
employing school district or the chief school
administrator of the employing nonpublic school, if any,
upon the conviction of any individual known to possess a
certificate or license issued pursuant to Article 21 or
21B, respectively, of the School Code of any offense set

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forth in Section 21B-80 of the School Code or any other
felony conviction, providing the name of the certificate
holder, the fact of the conviction, and the name and
location of the court where the conviction occurred. The
certificate holder must also be contemporaneously sent a
copy of the notice.
(14) To notify the Illinois Law Enforcement Training
Standards Board of any officer found to be uncredible for
the presentation of sworn testimony.
(b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to
serve subpoenas and summonses, make return of process, and
conduct investigations which assist the State's Attorney in
the performance of the State's Attorney duties. In counties of
the first and second class, the fees for service of subpoenas
and summonses are allowed by this Section and shall be
consistent with those set forth in Section 4-5001 of this Act,
except when increased by county ordinance as provided for in
Section 4-5001. In counties of the third class, the fees for
service of subpoenas and summonses are allowed by this Section
and shall be consistent with those set forth in Section
4-12001 of this Act. A special investigator shall not carry
firearms except with permission of the State's Attorney and
only while carrying appropriate identification indicating the
special investigator's employment and in the performance of
the special investigator's assigned duties.

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Subject to the qualifications set forth in this
subsection, special investigators shall be peace officers and
shall have all the powers possessed by investigators under the
State's Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless the special investigator successfully completes the
basic police training course mandated and approved by the
Illinois Law Enforcement Training Standards Board or such
board waives the training requirement by reason of the special
investigator's prior law enforcement experience or training or
both. Any State's Attorney appointing a special investigator
shall consult with all affected local police agencies, to the
extent consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
Before a person is appointed as a special investigator,
the person's fingerprints shall be taken and transmitted to
the Department of State Police. The Department shall examine
its records and submit to the State's Attorney of the county in
which the investigator seeks appointment any conviction
information concerning the person on file with the Department.
No person shall be appointed as a special investigator if the
person has been convicted of a felony or other offense
involving moral turpitude. A special investigator shall be
paid a salary and be reimbursed for actual expenses incurred

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in performing the special investigator's assigned duties. The
county board shall approve the salary and actual expenses and
appropriate the salary and expenses in the manner prescribed
by law or ordinance.
(c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial
parent by the employer of the putative father or noncustodial
parent or by a labor union of which the putative father or
noncustodial parent is a member.
(d) (Blank).
(e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section
17-1 of the Criminal Code of 2012 against persons who have
issued to the Department checks or other orders in violation
of the provisions of paragraph (1) of subsection (B) of
Section 17-1 of the Criminal Code of 2012, with the Department

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to retain the amount owing upon the dishonored check or order
along with the dishonored check fee imposed under the Uniform
Penalty and Interest Act, with the balance of damages, fees,
and costs collected under subsection (E) of Section 17-1 of
the Criminal Code of 2012 or under Section 17-1a of that Code
to be retained by the State's Attorney. The agreement shall
not affect the allocation of fines and costs imposed in any
criminal prosecution.
(f) In a county with less than 2,000,000 inhabitants, and
only upon receipt of a written request by the superintendent
of the county Veterans Assistance Commission for the county in
which the State's Attorney is located, the State's Attorney
shall have the discretionary authority to render an opinion,
without fee or reward, upon any question of law relating to a
matter in which the county Veterans Assistance Commission may
be concerned. The State's Attorney shall have the discretion
to grant or decline such a request.
(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.