Bill Text: IL HB4047 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act. Amends the Criminal Code of 2012. Deletes language providing that a peace officer, or any other person acting under the color of law, shall not discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2023-04-27 - Added Co-Sponsor Rep. Kevin Schmidt [HB4047 Detail]

Download: Illinois-2023-HB4047-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4047 Introduced , by Rep. John M. Cabello - Patrick Windhorst SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.35 new
50 ILCS 705/8.1 from Ch. 85, par. 508.1
720 ILCS 5/7-5.5
Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act. Amends the Criminal Code of 2012. Deletes language providing that a peace officer, or any other person acting under the color of law, shall not discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; Illinois Law
Enforcement Training Standards Board. To provide for the
expeditious and timely implementation of the changes made in
Section 8.1 of the Illinois Police Training Act, emergency
rules implementing the waiver process under Section 8.1 of the
Illinois Police Training Act may be adopted in accordance with
Section 5-45 by the Illinois Law Enforcement Training
Standards Board. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Illinois Police Training Act is amended by
changing Section 8.1 as follows:
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)

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Sec. 8.1. Full-time law enforcement and county corrections
officers.
(a) No person shall receive a permanent appointment as a
law enforcement officer or a permanent appointment as a county
corrections officer unless that person has been awarded,
within 6 months of the officer's initial full-time employment,
a certificate attesting to the officer's successful completion
of the Minimum Standards Basic Law Enforcement or County
Correctional Training Course as prescribed by the Board; or
has been awarded a certificate attesting to the officer's
satisfactory completion of a training program of similar
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or a
training waiver by reason of extensive prior law enforcement
or county corrections experience, whether or not the
experience was obtained by employment by this State or any
local governmental agency, the basic training requirement is
determined by the Board to be illogical and unreasonable.
Within 60 days after the effective date of this amendatory Act
of the 103rd General Assembly, the Board shall adopt uniform
rules providing for a waiver process for a person previously
employed and qualified as a law enforcement or county
corrections officer under federal law or the laws of any other
state. The rules shall provide that any person previously
employed or qualified as a law enforcement or county
corrections officer under federal law or the laws of any other

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state shall successfully complete the following prior to the
approval of a waiver:
(1) a training program approved by the Board on the
laws of this State relevant to the duties of law
enforcement and county correctional officers; and
(2) firearms training.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's position, or the employing agency must obtain a
waiver from the Board extending the period for compliance.
Such waiver shall be issued only for good and justifiable
reasons, and in no case shall extend more than 90 days beyond
the initial 6 months. Any hiring agency that fails to train a
law enforcement officer within this period shall be prohibited
from employing this individual in a law enforcement capacity
for one year from the date training was to be completed. If an
agency again fails to train the individual a second time, the
agency shall be permanently barred from employing this
individual in a law enforcement capacity.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized
to carry firearms under the authority of the employer, except
as otherwise authorized to carry a firearm under State or
federal law. Sheriffs who are elected as of January 1, 2022

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(the effective date of Public Act 101-652) this amendatory Act
of the 101st General Assembly, are exempt from the requirement
of certified status. Failure to be certified in accordance
with this Act shall cause the officer to forfeit the officer's
position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the officer's employing law enforcement
agency for any reason. The Board shall re-activate a
certification upon written application from the law
enforcement officer's law enforcement agency that shows
the law enforcement officer: (i) has accepted a full-time
law enforcement position with that law enforcement agency,
(ii) is not the subject of a decertification proceeding,
and (iii) meets all other criteria for re-activation
required by the Board. The Board may also establish
special training requirements to be completed as a
condition for re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30

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days. The Board may extend this review. A law enforcement
officer shall be allowed to be employed as a full-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by an employing agency for
conduct subject to decertification under this Act or
resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board with a copy to the chief
administrator of the law enforcement officer's current or

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new employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer is:
(i) is employed in a full-time law enforcement position
with the same law enforcement agency, (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the
Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation.. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this Section
section, the Board shall notify the law enforcement
officer and the chief administrator of the law enforcement
officer's employing agency, whether the request has been
granted, denied, or if the Board will take additional time
for information. A law enforcement agency, whose request
for a waiver under this subsection is denied, is entitled
to request a review of the denial by the Board. The law
enforcement agency must request a review within 20 days of

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the waiver being denied. The burden of proof shall be on
the law enforcement agency to show why the law enforcement
officer is entitled to a waiver of the legislatively
required training and eligibility requirements.
(c) No provision of this Section shall be construed to
mean that a county corrections officer employed by a
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary county corrections
officer or as a permanent county corrections officer, shall
require certification under the provisions of this Section. No
provision of this Section shall be construed to apply to
certification of elected county sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing law enforcement agency shall allow
and provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act. All mandated
training shall will be provided for at no cost to the
employees. Employees shall be paid for all time spent

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attending mandated training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) This Section does not apply to part-time law
enforcement officers or probationary part-time law enforcement
officers.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
Section 15. The Criminal Code of 2012 is amended by
changing Section 7-5.5 as follows:
(720 ILCS 5/7-5.5)
Sec. 7-5.5. Prohibited use of force by a peace officer.
(a) A peace officer, or any other person acting under the

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color of law, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation in the performance of his
or her duties, unless deadly force is justified under this
Article.
(b) A peace officer, or any other person acting under the
color of law, shall not use a chokehold or restraint above the
shoulders with risk of asphyxiation, or any lesser contact
with the throat or neck area of another, in order to prevent
the destruction of evidence by ingestion.
(c) As used in this Section, "chokehold" means applying
any direct pressure to the throat, windpipe, or airway of
another. "Chokehold" does not include any holding involving
contact with the neck that is not intended to reduce the intake
of air such as a headlock where the only pressure applied is to
the head.
(d) As used in this Section, "restraint above the
shoulders with risk of positional asphyxiation" means a use of
a technique used to restrain a person above the shoulders,
including the neck or head, in a position which interferes
with the person's ability to breathe after the person no
longer poses a threat to the officer or any other person.
(e) A peace officer, or any other person acting under the
color of law, shall not:
(i) use force as punishment or retaliation;
(ii) discharge kinetic impact projectiles and all
other non-lethal or less-lethal projectiles in a manner

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that targets the head, neck, groin, or anterior pelvis, or
back;
(iii) discharge conducted electrical weapons in a
manner that targets the head, chest, neck, groin, or
anterior pelvis;
(iv) discharge firearms or kinetic impact projectiles
indiscriminately into a crowd;
(v) use chemical agents or irritants for crowd
control, including pepper spray and tear gas, prior to
issuing an order to disperse in a sufficient manner to
allow for the order to be heard and repeated if necessary,
followed by sufficient time and space to allow compliance
with the order unless providing such time and space would
unduly place an officer or another person at risk of death
or great bodily harm; or
(vi) use chemical agents or irritants, including
pepper spray and tear gas, prior to issuing an order in a
sufficient manner to ensure the order is heard, and
repeated if necessary, to allow compliance with the order
unless providing such time and space would unduly place an
officer or another person at risk of death or great bodily
harm.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21.)