Bill Text: IL HB5217 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5217 Detail]
Download: Illinois-2023-HB5217-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Police Training Act is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||
5 | changing Sections 2, 3, 6.1, 6.3, 6.6, 6.7, 7, 8.1, 8.4, 9.2, | |||||||||||||||||||||||||||||||||||||||||||||||||
6 | 10.7, and 10.21 and by adding Section 7.9 as follows:
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7 | (50 ILCS 705/2) (from Ch. 85, par. 502) | |||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 2. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||||||||||||||||||||||||
9 | context otherwise requires: | |||||||||||||||||||||||||||||||||||||||||||||||||
10 | "Board" means the Illinois Law Enforcement Training | |||||||||||||||||||||||||||||||||||||||||||||||||
11 | Standards Board. | |||||||||||||||||||||||||||||||||||||||||||||||||
12 | "Full-time law enforcement officer" means a law | |||||||||||||||||||||||||||||||||||||||||||||||||
13 | enforcement officer who has completed the officer's | |||||||||||||||||||||||||||||||||||||||||||||||||
14 | probationary period and is employed on a full-time basis as a | |||||||||||||||||||||||||||||||||||||||||||||||||
15 | law enforcement officer by a local government agency, State | |||||||||||||||||||||||||||||||||||||||||||||||||
16 | government agency, or as a campus police officer by a | |||||||||||||||||||||||||||||||||||||||||||||||||
17 | university, college, or community college. | |||||||||||||||||||||||||||||||||||||||||||||||||
18 | "Law Enforcement agency" means any entity with statutory | |||||||||||||||||||||||||||||||||||||||||||||||||
19 | police powers and the ability to employ individuals authorized | |||||||||||||||||||||||||||||||||||||||||||||||||
20 | to make arrests. It does not include the Illinois State Police | |||||||||||||||||||||||||||||||||||||||||||||||||
21 | as defined in the State Police Act. A law enforcement agency | |||||||||||||||||||||||||||||||||||||||||||||||||
22 | may include any university, college, or community college. | |||||||||||||||||||||||||||||||||||||||||||||||||
23 | "Local law enforcement agency" means any law enforcement |
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1 | unit of government or municipal corporation in this State. It | ||||||
2 | does not include the State of Illinois or any office, officer, | ||||||
3 | department, division, bureau, board, commission, or agency of | ||||||
4 | the State, except that it does include a State-controlled | ||||||
5 | university, college or public community college. | ||||||
6 | "State law enforcement agency" means any law enforcement | ||||||
7 | agency of this State. This includes any office, officer, | ||||||
8 | department, division, bureau, board, commission, or agency of | ||||||
9 | the State. It does not include the Illinois State Police as | ||||||
10 | defined in the State Police Act. | ||||||
11 | "Panel" means the Certification Review Panel. | ||||||
12 | "Basic training school" means any school located within | ||||||
13 | the State of Illinois whether privately or publicly owned | ||||||
14 | which offers a course in basic law enforcement or county | ||||||
15 | corrections training and has been approved by the Board. | ||||||
16 | "Probationary police officer" means a recruit law | ||||||
17 | enforcement officer required to successfully complete initial | ||||||
18 | minimum basic training requirements at a basic training school | ||||||
19 | to be eligible for permanent full-time employment as a local | ||||||
20 | law enforcement officer. "Probationary police officer" does | ||||||
21 | not include a lateral hire or a previously certified officer | ||||||
22 | reentering the profession seeking a training waiver. | ||||||
23 | "Probationary part-time police officer" means a recruit | ||||||
24 | part-time law enforcement officer required to successfully | ||||||
25 | complete initial minimum part-time training requirements to be | ||||||
26 | eligible for employment on a part-time basis as a local law |
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1 | enforcement officer. | ||||||
2 | "Permanent law enforcement officer" means a law | ||||||
3 | enforcement officer who has completed the officer's | ||||||
4 | probationary period and is permanently employed on a full-time | ||||||
5 | basis as a local law enforcement officer, as a security | ||||||
6 | officer, or campus police officer permanently employed by a | ||||||
7 | law enforcement agency. | ||||||
8 | "Part-time law enforcement officer" means a law | ||||||
9 | enforcement officer who has completed the officer's | ||||||
10 | probationary period and is employed on a part-time basis as a | ||||||
11 | law enforcement officer or as a campus police officer by a law | ||||||
12 | enforcement agency. | ||||||
13 | "Law enforcement officer" means (i) any police officer of | ||||||
14 | a law enforcement agency who is primarily responsible for | ||||||
15 | prevention or detection of crime and the enforcement of the | ||||||
16 | criminal code, traffic, or highway laws of this State or any | ||||||
17 | political subdivision of this State or (ii) any member of a | ||||||
18 | police force appointed and maintained as provided in Section 2 | ||||||
19 | of the Railroad Police Act. | ||||||
20 | "Recruit" means any full-time or part-time law enforcement | ||||||
21 | officer or full-time county corrections officer who is | ||||||
22 | enrolled in an approved training course. | ||||||
23 | "Review Committee" means the committee at the Board for | ||||||
24 | certification disciplinary cases in which the Panel, a law | ||||||
25 | enforcement officer, or a law enforcement agency may file for | ||||||
26 | reconsideration of a decertification decision made by the |
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1 | Board. | ||||||
2 | "Probationary county corrections officer" means a recruit | ||||||
3 | county corrections officer required to successfully complete | ||||||
4 | initial minimum basic training requirements at a basic | ||||||
5 | training school to be eligible for permanent employment on a | ||||||
6 | full-time basis as a county corrections officer. | ||||||
7 | "Permanent county corrections officer" means a county | ||||||
8 | corrections officer who has completed the officer's | ||||||
9 | probationary period and is permanently employed on a full-time | ||||||
10 | basis as a county corrections officer by a participating law | ||||||
11 | enforcement agency. | ||||||
12 | "County corrections officer" means any sworn officer of | ||||||
13 | the sheriff who is primarily responsible for the control and | ||||||
14 | custody of offenders, detainees or inmates. | ||||||
15 | "Probationary court security officer" means a recruit | ||||||
16 | court security officer required to successfully complete | ||||||
17 | initial minimum basic training requirements at a designated | ||||||
18 | training school to be eligible for employment as a court | ||||||
19 | security officer. | ||||||
20 | "Permanent court security officer" means a court security | ||||||
21 | officer who has completed the officer's probationary period | ||||||
22 | and is employed as a court security officer by a participating | ||||||
23 | law enforcement agency. | ||||||
24 | "Court security officer" has the meaning ascribed to it in | ||||||
25 | Section 3-6012.1 of the Counties Code. | ||||||
26 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
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1 | (50 ILCS 705/3) (from Ch. 85, par. 503) | ||||||
2 | Sec. 3. Board; composition; appointments; tenure; | ||||||
3 | vacancies. | ||||||
4 | (a) The Board shall be composed of 18 members selected as | ||||||
5 | follows: The Attorney General of the State of Illinois, the | ||||||
6 | Director of the Illinois State Police, the Director of | ||||||
7 | Corrections, the Superintendent of the Chicago Police | ||||||
8 | Department, the Sheriff of Cook County, the Clerk of the | ||||||
9 | Circuit Court of Cook County, who shall serve as ex officio | ||||||
10 | members, and the following to be appointed by the Governor: 2 | ||||||
11 | mayors or village presidents of Illinois municipalities, 2 | ||||||
12 | Illinois county sheriffs from counties other than Cook County, | ||||||
13 | 2 managers of Illinois municipalities, 2 chiefs of municipal | ||||||
14 | police departments in Illinois having no Superintendent of the | ||||||
15 | Police Department on the Board, 2 certified law enforcement | ||||||
16 | officers who are employed as a law enforcement officer in a | ||||||
17 | position covered by a collective bargaining agreement citizens | ||||||
18 | of Illinois who shall be members of an organized enforcement | ||||||
19 | officers' association, one active member of a statewide | ||||||
20 | association representing sheriffs, and one active member of a | ||||||
21 | statewide association representing municipal police chiefs. | ||||||
22 | The appointments of the Governor shall be made on the first | ||||||
23 | Monday of August in 1965 with 3 of the appointments to be for a | ||||||
24 | period of one year, 3 for 2 years, and 3 for 3 years. Their | ||||||
25 | successors shall be appointed in like manner for terms to |
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1 | expire the first Monday of August each 3 years thereafter. All | ||||||
2 | members shall serve until their respective successors are | ||||||
3 | appointed and qualify. Vacancies shall be filled by the | ||||||
4 | Governor for the unexpired terms. Any ex officio member may | ||||||
5 | appoint a designee to the Board who shall have the same powers | ||||||
6 | and immunities otherwise conferred to the member of the Board, | ||||||
7 | including the power to vote and be counted toward quorum, so | ||||||
8 | long as the member is not in attendance. | ||||||
9 | (a-5) Within the Board is created a Review Committee. The | ||||||
10 | Review Committee shall review disciplinary cases in which the | ||||||
11 | Panel, the law enforcement officer, or the law enforcement | ||||||
12 | agency file for reconsideration of a decertification decision | ||||||
13 | made by the Board. The Review Committee shall be composed of 9 | ||||||
14 | annually rotating members from the Board appointed by the | ||||||
15 | Board Chairman. One member of the Review Committee shall be | ||||||
16 | designated by the Board Chairman as the Chair. The Review | ||||||
17 | Committee shall sit in 3 member panels composed of one member | ||||||
18 | representing law enforcement management, one member | ||||||
19 | representing members of law enforcement, and one member who is | ||||||
20 | not a current or former member of law enforcement. | ||||||
21 | (b) When a Board member may have an actual, perceived, or | ||||||
22 | potential conflict of interest or appearance of bias that | ||||||
23 | could prevent the Board member from making a fair and | ||||||
24 | impartial decision regarding decertification: | ||||||
25 | (1) The Board member shall recuse himself or herself. | ||||||
26 | (2) If the Board member fails to recuse himself or |
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1 | herself, then the Board may, by a simple majority of the | ||||||
2 | remaining members, vote to recuse the Board member. Board | ||||||
3 | members who are found to have voted on a matter in which | ||||||
4 | they should have recused themselves may be removed from | ||||||
5 | the Board by the Governor. | ||||||
6 | A conflict of interest or appearance of bias may include, | ||||||
7 | but is not limited to, matters where one of the following is a | ||||||
8 | party to a decision on a decertification or formal complaint: | ||||||
9 | someone with whom the member has an employment relationship; | ||||||
10 | any of the following relatives: spouse, parents, children, | ||||||
11 | adopted children, legal wards, stepchildren, step parents, | ||||||
12 | step siblings, half siblings, siblings, parents-in-law, | ||||||
13 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
14 | nephews; a friend; or a member of a professional organization, | ||||||
15 | association, or a union in which the member now actively | ||||||
16 | serves. | ||||||
17 | (c) A vacancy in members does not prevent a quorum of the | ||||||
18 | remaining sitting members from exercising all rights and | ||||||
19 | performing all duties of the Board. | ||||||
20 | (d) An individual serving on the Board shall not also | ||||||
21 | serve on the Panel. | ||||||
22 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
23 | 102-694, eff. 1-7-22.)
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24 | (50 ILCS 705/6.1) | ||||||
25 | Sec. 6.1. Automatic decertification of full-time and |
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1 | part-time law enforcement officers. | ||||||
2 | (a) The Board must review law enforcement officer conduct | ||||||
3 | and records to ensure that no law enforcement officer is | ||||||
4 | initially certified or provided a valid waiver if that law | ||||||
5 | enforcement officer has been convicted of, found guilty of, | ||||||
6 | entered a plea of guilty to, or entered a plea of nolo | ||||||
7 | contendere to , a felony offense under the laws of this State or | ||||||
8 | any other state which if committed in this State would be | ||||||
9 | punishable as a felony. The Board must also ensure that no law | ||||||
10 | enforcement officer is certified or provided a valid waiver if | ||||||
11 | that law enforcement officer has been convicted of, found | ||||||
12 | guilty of, or entered a plea of guilty to, on or after January | ||||||
13 | 1, 2022 (the effective date of Public Act 101-652) and since | ||||||
14 | the time of the initial certification of any misdemeanor | ||||||
15 | specified in this Section or if committed in any other state | ||||||
16 | would be an offense similar to Section 11-1.50, 11-6, 11-6.5, | ||||||
17 | 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, | ||||||
18 | 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | ||||||
19 | 28-3, 29-1, any misdemeanor in violation of any Section of | ||||||
20 | Part E of Title III of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012, or subsection (a) of Section 17-32 of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012, or to | ||||||
23 | Section 5 or 5.2 of the Cannabis Control Act, or any felony or | ||||||
24 | misdemeanor in violation of federal law or the law of any state | ||||||
25 | that is the equivalent of any of the offenses specified | ||||||
26 | therein. The Board must appoint investigators to enforce the |
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1 | duties conferred upon the Board by this Act. | ||||||
2 | (a-1) For purposes of this Section, a person is "convicted | ||||||
3 | of, found guilty of or entered a plea of guilty to , or plea of | ||||||
4 | nolo contendere to , found guilty of " regardless of whether the | ||||||
5 | adjudication of guilt or sentence is withheld or not entered | ||||||
6 | thereon. This includes sentences of supervision, conditional | ||||||
7 | discharge, or first offender probation, or any similar | ||||||
8 | disposition provided for by law. This definition applies to | ||||||
9 | conduct that occurred after January 1, 2022. | ||||||
10 | (b) It is the responsibility of the sheriff or the chief | ||||||
11 | executive officer of every law enforcement agency or | ||||||
12 | department within this State to report to the Board any | ||||||
13 | arrest, conviction, finding of guilt, plea of guilty, or plea | ||||||
14 | of nolo contendere to, of any officer currently in the | ||||||
15 | sheriff's or the chief executive officer's employ for an | ||||||
16 | offense identified in this Section, regardless of whether the | ||||||
17 | adjudication of guilt or sentence is withheld or not entered | ||||||
18 | thereon, this includes sentences of supervision, conditional | ||||||
19 | discharge, or first offender probation if the conduct occurred | ||||||
20 | after January 1, 2022 . | ||||||
21 | (c) It is the duty and responsibility of every full-time | ||||||
22 | and part-time law enforcement officer in this State to report | ||||||
23 | to the Board within 14 days, and the officer's sheriff or chief | ||||||
24 | executive officer, of the officer's arrest, conviction, found | ||||||
25 | guilty of, or plea of guilty for an offense identified in this | ||||||
26 | Section. Any full-time or part-time law enforcement officer |
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1 | who knowingly makes, submits, causes to be submitted, or files | ||||||
2 | a false or untruthful report to the Board must have the | ||||||
3 | officer's certificate or waiver immediately decertified or | ||||||
4 | revoked after a due process hearing before the Certification | ||||||
5 | Review Panel . | ||||||
6 | (d) Any person, or a local or State agency, or the Board is | ||||||
7 | immune from liability for submitting, disclosing, or releasing | ||||||
8 | information of arrests, convictions, or pleas of guilty in | ||||||
9 | this Section as long as the information is submitted, | ||||||
10 | disclosed, or released in good faith and without malice. The | ||||||
11 | Board has qualified immunity for the release of the | ||||||
12 | information. | ||||||
13 | (e) Any full-time or part-time law enforcement officer | ||||||
14 | with a certificate or waiver issued by the Board who is | ||||||
15 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
16 | or entered a plea of nolo contendere to any offense described | ||||||
17 | in this Section immediately becomes decertified or no longer | ||||||
18 | has a valid waiver. The decertification and invalidity of | ||||||
19 | waivers is subject to review by the Certification Review Panel | ||||||
20 | upon timely application occurs as a matter of law . Failure of a | ||||||
21 | convicted person to report to the Board the officer's | ||||||
22 | conviction as described in this Section or any continued law | ||||||
23 | enforcement practice after receiving a conviction will subject | ||||||
24 | the officer to an additional basis for decertification is a | ||||||
25 | Class 4 felony . | ||||||
26 | For purposes of this subsection Section , a person is |
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1 | considered to have been "convicted of, found guilty of, or | ||||||
2 | entered a plea of guilty to, or entered a plea of nolo | ||||||
3 | contendere to" regardless of whether the adjudication of guilt | ||||||
4 | or sentence is withheld or not entered thereon, including | ||||||
5 | sentences of supervision, conditional discharge, first | ||||||
6 | offender probation, or any similar disposition as provided for | ||||||
7 | by law if the conduct occurred after January 1, 2022 . | ||||||
8 | (f) The Board's investigators shall be law enforcement | ||||||
9 | officers as defined in Section 2 of this Act. The Board shall | ||||||
10 | not waive the training requirement unless the investigator has | ||||||
11 | had a minimum of 5 years experience as a sworn officer of a | ||||||
12 | local, State, or federal law enforcement agency. An | ||||||
13 | investigator shall not have been terminated for good cause, | ||||||
14 | decertified, had his or her law enforcement license or | ||||||
15 | certificate revoked in this or any other jurisdiction, or been | ||||||
16 | convicted of any of the conduct listed in subsection (a). Any | ||||||
17 | complaint filed against the Board's investigators shall be | ||||||
18 | investigated by the Illinois State Police. | ||||||
19 | (g) The Board must request and receive information and | ||||||
20 | assistance from any federal, state, local, or private | ||||||
21 | enforcement agency as part of the authorized criminal | ||||||
22 | background investigation. The Illinois State Police must | ||||||
23 | process, retain, and additionally provide and disseminate | ||||||
24 | information to the Board concerning criminal charges, arrests, | ||||||
25 | convictions, and their disposition, that have been filed | ||||||
26 | against a basic academy applicant, law enforcement applicant, |
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1 | or law enforcement officer whose fingerprint identification | ||||||
2 | cards are on file or maintained by the Illinois State Police. | ||||||
3 | The Federal Bureau of Investigation must provide the Board any | ||||||
4 | criminal history record information contained in its files | ||||||
5 | pertaining to law enforcement officers or any applicant to a | ||||||
6 | Board certified basic law enforcement academy as described in | ||||||
7 | this Act based on fingerprint identification. The Board must | ||||||
8 | make payment of fees to the Illinois State Police for each | ||||||
9 | fingerprint card submission in conformance with the | ||||||
10 | requirements of paragraph 22 of Section 55a of the Civil | ||||||
11 | Administrative Code of Illinois. | ||||||
12 | (g-5) Notwithstanding any provision of law to the | ||||||
13 | contrary, the changes to this Section made by this amendatory | ||||||
14 | Act of the 102nd General Assembly and Public Act 101-652 shall | ||||||
15 | apply prospectively only from July 1, 2022. | ||||||
16 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
17 | 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
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18 | (50 ILCS 705/6.3) | ||||||
19 | Sec. 6.3. Discretionary decertification of full-time and | ||||||
20 | part-time law enforcement officers. | ||||||
21 | (a) Definitions. For purposes of this Section 6.3: | ||||||
22 | "Duty to intervene" means an obligation to intervene to | ||||||
23 | prevent harm from occurring that arises when: an officer is | ||||||
24 | present, and has reason to know (1) that excessive force is | ||||||
25 | being used or that any constitutional violation has been |
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1 | committed by a law enforcement official; and (2) the officer | ||||||
2 | has a realistic opportunity to intervene. This duty applies | ||||||
3 | equally to supervisory and nonsupervisory officers. If aid is | ||||||
4 | required, the officer shall not, when reasonable to administer | ||||||
5 | aid, knowingly and willingly refuse to render aid as defined | ||||||
6 | by State or federal law. An officer does not violate this duty | ||||||
7 | if the failure to render aid is due to circumstances such as | ||||||
8 | lack of appropriate specialized training, lack of resources or | ||||||
9 | equipment, or if it is unsafe or impracticable to render aid. | ||||||
10 | "Excessive use of force" means using force in violation of | ||||||
11 | State or federal law. | ||||||
12 | "False statement" means (1) any knowingly false statement | ||||||
13 | provided on a form or report, (2) that the writer does not | ||||||
14 | believe to be true, and (3) that the writer includes to mislead | ||||||
15 | a public servant in performing the public servant's official | ||||||
16 | functions. | ||||||
17 | "Perjury" means that as defined under Sections 32-2 and | ||||||
18 | 32-3 of the Criminal Code of 2012. | ||||||
19 | "Tampers with or fabricates evidence" means if a law | ||||||
20 | enforcement officer (1) has reason to believe that an official | ||||||
21 | proceeding is pending or may be instituted, and (2) alters, | ||||||
22 | destroys, conceals, or removes any record, document, data, | ||||||
23 | video or thing to impair its validity or availability in the | ||||||
24 | proceeding. | ||||||
25 | (b) Decertification conduct. The Board has the authority | ||||||
26 | to decertify a full-time or a part-time law enforcement |
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1 | officer upon a determination by the Board that the law | ||||||
2 | enforcement officer has: | ||||||
3 | (1) committed an act that would constitute a felony or | ||||||
4 | misdemeanor which could serve as basis for automatic | ||||||
5 | decertification, whether or not the law enforcement | ||||||
6 | officer was criminally prosecuted, and whether or not the | ||||||
7 | law enforcement officer's employment was terminated; | ||||||
8 | (2) exercised excessive use of force; | ||||||
9 | (3) failed to comply with the officer's duty to | ||||||
10 | intervene, including through acts or omissions; | ||||||
11 | (4) with the intent to prevent apprehension of or | ||||||
12 | obstruct the prosecution or defense of any person, | ||||||
13 | knowingly and intentionally tampered with a dash camera or | ||||||
14 | body-worn camera or data recorded by a dash camera or | ||||||
15 | body-worn camera or directed another to tamper with or | ||||||
16 | turn off a dash camera or body-worn camera or data | ||||||
17 | recorded by a dash camera or body-worn camera for the | ||||||
18 | purpose of concealing, destroying or altering potential | ||||||
19 | evidence; | ||||||
20 | (5) engaged in the following conduct relating to the | ||||||
21 | reporting, investigation, or prosecution of a crime: | ||||||
22 | committed perjury, made a false statement, or knowingly | ||||||
23 | tampered with or fabricated evidence; and | ||||||
24 | (6) engaged in any unprofessional, unethical, | ||||||
25 | deceptive, or deleterious conduct or practice harmful to | ||||||
26 | the public; such conduct or practice need not have |
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1 | resulted in actual injury to any person. As used in this | ||||||
2 | paragraph, the term "unprofessional conduct" shall include | ||||||
3 | any departure from, or failure to conform to, the minimal | ||||||
4 | standards of acceptable and prevailing practice of an | ||||||
5 | officer. | ||||||
6 | (b-5) The Board has the authority to decertify a full-time | ||||||
7 | or part-time law enforcement officer notwithstanding whether a | ||||||
8 | law enforcement agency takes disciplinary action against a law | ||||||
9 | enforcement officer for the same underlying conduct as | ||||||
10 | outlined in subsection (b). | ||||||
11 | (c) Notice of Alleged Violation. | ||||||
12 | (1) The following individuals and agencies shall | ||||||
13 | notify the Board within 7 days of becoming aware of any | ||||||
14 | violation described in subsection (b): | ||||||
15 | (A) A law enforcement agency as defined in Section | ||||||
16 | 2 or any law enforcement officer of this State. For | ||||||
17 | this subsection (c), law enforcement agency includes, | ||||||
18 | but is not limited to, a civilian review board, an | ||||||
19 | inspector general, and legal counsel for a law | ||||||
20 | enforcement agency. | ||||||
21 | (B) The Executive Director of the Board; | ||||||
22 | (C) A State's Attorney's Office of this State. | ||||||
23 | "Becoming aware" does not include confidential | ||||||
24 | communications between agency lawyers and agencies | ||||||
25 | regarding legal advice. For purposes of this subsection, | ||||||
26 | "law enforcement agency" does not include the Illinois |
| |||||||
| |||||||
1 | Attorney General when providing legal representation to a | ||||||
2 | law enforcement officer under the State Employee | ||||||
3 | Indemnification Act. | ||||||
4 | (2) Any person may also notify the Board of any | ||||||
5 | conduct the person believes a law enforcement officer has | ||||||
6 | committed as described in subsection (b). Such | ||||||
7 | notifications may be made confidentially. Notwithstanding | ||||||
8 | any other provision in state law or any collective | ||||||
9 | bargaining agreement, the Board shall accept notice and | ||||||
10 | investigate any allegations from individuals who remain | ||||||
11 | confidential. | ||||||
12 | (3) Upon written request, the Board shall disclose to | ||||||
13 | the individual or entity who filed a notice of violation | ||||||
14 | the status of the Board's review. | ||||||
15 | (d) Form. The notice of violation reported under | ||||||
16 | subsection (c) shall be on a form prescribed by the Board in | ||||||
17 | its rules. The form shall be publicly available by paper and | ||||||
18 | electronic means. The form shall include fields for the | ||||||
19 | following information, at a minimum: | ||||||
20 | (1) the full name, address, and telephone number of | ||||||
21 | the person submitting the notice; | ||||||
22 | (2) if submitted under subsection (c)(1), the agency | ||||||
23 | name and title of the person submitting the notice; | ||||||
24 | (3) the full name, badge number, employing agency, and | ||||||
25 | physical description of the officer, if known; | ||||||
26 | (4) the full name or names, address or addresses, |
| |||||||
| |||||||
1 | telephone number or numbers, and physical description or | ||||||
2 | descriptions of any witnesses, if known; | ||||||
3 | (5) a concise statement of facts that describe the | ||||||
4 | alleged violation and any copies of supporting evidence | ||||||
5 | including but not limited to any photographic, video, or | ||||||
6 | audio recordings of the incident; | ||||||
7 | (6) whether the person submitting the notice has | ||||||
8 | notified any other agency; and | ||||||
9 | (7) an option for an individual, who submits directly | ||||||
10 | to the Board, to consent to have the individual's identity | ||||||
11 | disclosed. The identity of any individual providing | ||||||
12 | information or reporting any possible or alleged violation | ||||||
13 | to the Board shall be kept confidential and may not be | ||||||
14 | disclosed without the consent of that individual, unless | ||||||
15 | the individual consents to disclosure of the individual's | ||||||
16 | name or disclosure of the individual's identity is | ||||||
17 | otherwise required by law. The confidentiality granted by | ||||||
18 | this subsection does not preclude the disclosure of the | ||||||
19 | identity of a person in any capacity other than as the | ||||||
20 | source of an allegation. | ||||||
21 | Nothing in this subsection (d) shall preclude the Board | ||||||
22 | from receiving, investigating, or acting upon allegations made | ||||||
23 | confidentially or in a format different from the form provided | ||||||
24 | for in this subsection. | ||||||
25 | (e) Preliminary review. | ||||||
26 | (1) The Board shall complete a preliminary review of |
| |||||||
| |||||||
1 | the allegations to determine whether there is sufficient | ||||||
2 | information to warrant a further investigation of any | ||||||
3 | violations of the Act. Upon initiating a preliminary | ||||||
4 | review of the allegations, the Board shall notify the head | ||||||
5 | of the law enforcement agency that employs the law | ||||||
6 | enforcement officer who is the subject of the allegations. | ||||||
7 | At the request of the Board, the law enforcement agency | ||||||
8 | must submit any copies of investigative findings, | ||||||
9 | evidence, or documentation to the Board in accordance with | ||||||
10 | rules adopted by the Board to facilitate the Board's | ||||||
11 | preliminary review. The Board may correspond with the law | ||||||
12 | enforcement agency, official records clerks or any | ||||||
13 | investigative agencies in conducting its preliminary | ||||||
14 | review. | ||||||
15 | (2) During the preliminary review, the Board will take | ||||||
16 | all reasonable steps to discover any and all objective | ||||||
17 | verifiable evidence relevant to the alleged violation | ||||||
18 | through the identification, retention, review, and | ||||||
19 | analysis of all currently available evidence, including, | ||||||
20 | but not limited to: all time-sensitive evidence, audio and | ||||||
21 | video evidence, physical evidence, arrest reports, | ||||||
22 | photographic evidence, GPS records, computer data, lab | ||||||
23 | reports, medical documents, and witness interviews. All | ||||||
24 | reasonable steps will be taken to preserve relevant | ||||||
25 | evidence identified during the preliminary investigation. | ||||||
26 | (3) If after a preliminary review of the alleged |
| |||||||
| |||||||
1 | violation or violations, the Board believes there is | ||||||
2 | sufficient information to warrant further investigation of | ||||||
3 | any violations of this Act, the alleged violation or | ||||||
4 | violations shall be assigned for investigation in | ||||||
5 | accordance with subsection (f). | ||||||
6 | (4) If after a review of the allegations, the Board | ||||||
7 | believes there is insufficient information supporting the | ||||||
8 | allegations to warrant further investigation, it may close | ||||||
9 | a notice. Notification of the Board's decision to close a | ||||||
10 | notice shall be sent to all relevant individuals, | ||||||
11 | agencies, and any entities that received notice of the | ||||||
12 | violation under subsection (c) within 30 days of the | ||||||
13 | notice being closed, except in cases where the notice is | ||||||
14 | submitted anonymously if the complainant is unknown. | ||||||
15 | (5) Except when the Board has received notice under | ||||||
16 | subparagraph (A) of paragraph (1) of subsection (c), no | ||||||
17 | later than 30 days after receiving notice, the Board shall | ||||||
18 | report any notice of violation it receives to the relevant | ||||||
19 | law enforcement agency, unless reporting the notice would | ||||||
20 | jeopardize any subsequent investigation. The Board shall | ||||||
21 | also record any notice of violation it receives to the | ||||||
22 | Officer Professional Conduct Database in accordance with | ||||||
23 | Section 9.2. The Board shall report to the appropriate | ||||||
24 | State's Attorney any alleged violations that contain | ||||||
25 | allegations, claims, or factual assertions that, if true, | ||||||
26 | would constitute a violation of Illinois law. The Board |
| |||||||
| |||||||
1 | shall inform the law enforcement officer via certified | ||||||
2 | mail that it has received a notice of violation against | ||||||
3 | the law enforcement officer. | ||||||
4 | If the Board determines that due to the circumstances | ||||||
5 | and the nature of the allegation that it would not be | ||||||
6 | prudent to notify the law enforcement officer and the | ||||||
7 | officer's law enforcement agency unless and until the | ||||||
8 | filing of a Formal Complaint, the Board shall document in | ||||||
9 | the file the reason or reasons a notification was not | ||||||
10 | made. | ||||||
11 | (6) If the law enforcement officer is involved in a | ||||||
12 | criminal proceeding on the same subject as the notice of | ||||||
13 | violation, the Board is responsible for maintaining a | ||||||
14 | current status report including court dates, hearings, | ||||||
15 | pleas, adjudication status and sentencing. A State's | ||||||
16 | Attorney's Office must notify the Board of any criminal | ||||||
17 | charges filed against a law enforcement officer, and must | ||||||
18 | provide updates of significant developments to the Board | ||||||
19 | in a timely manner but no later than 30 days after such | ||||||
20 | developments. | ||||||
21 | (f) Investigations; requirements. Investigations are to be | ||||||
22 | assigned after a preliminary review, unless the investigations | ||||||
23 | were closed under paragraph (4) of subsection (e), as follows | ||||||
24 | in paragraphs (1), (2), and (3) of this subsection (f). | ||||||
25 | (1) A law enforcement agency that submits a notice of | ||||||
26 | violation to the Board under subparagraph (A) of paragraph |
| |||||||
| |||||||
1 | (1) of subsection (c) shall be responsible for conducting | ||||||
2 | an investigation of the underlying allegations except | ||||||
3 | when: (i) the law enforcement agency refers the notice to | ||||||
4 | another law enforcement agency or the Board for | ||||||
5 | investigation and such other agency or the Board agrees to | ||||||
6 | conduct the investigation; (ii) an external, independent, | ||||||
7 | or civilian oversight agency conducts the investigation in | ||||||
8 | accordance with local ordinance or other applicable law; | ||||||
9 | or (iii) the Board has determined that it will conduct the | ||||||
10 | investigation based upon the facts and circumstances of | ||||||
11 | the alleged violation, including but not limited to, | ||||||
12 | investigations regarding the Chief or Sheriff of a law | ||||||
13 | enforcement agency, familial conflict of interests, | ||||||
14 | complaints involving a substantial portion of a law | ||||||
15 | enforcement agency, or complaints involving a policy of a | ||||||
16 | law enforcement agency. Any agency or entity conducting an | ||||||
17 | investigation under this paragraph (1) shall submit | ||||||
18 | quarterly reports to the Board regarding the progress of | ||||||
19 | the investigation. The quarterly report shall be reviewed | ||||||
20 | by the individual or individuals at the Board who | ||||||
21 | conducted the preliminary review, if available. | ||||||
22 | Any agency or entity conducting an investigation under | ||||||
23 | this paragraph (1) shall, within 7 days of completing an | ||||||
24 | investigation, deliver an Investigative Summary Report and | ||||||
25 | copies of any administrative evidence to the Board. If the | ||||||
26 | Board finds an investigation conducted under this |
| |||||||
| |||||||
1 | paragraph (1) is incomplete, unsatisfactory, or deficient | ||||||
2 | in any way, the Board may direct the investigating entity | ||||||
3 | or agency to take any additional investigative steps | ||||||
4 | deemed necessary to thoroughly and satisfactorily complete | ||||||
5 | the investigation, or the Board may take any steps | ||||||
6 | necessary to complete the investigation. The investigating | ||||||
7 | entity or agency or, when necessary, the Board will then | ||||||
8 | amend and re-submit the Investigative Summary Report to | ||||||
9 | the Board for approval. | ||||||
10 | The Board shall submit a report to the investigating | ||||||
11 | entity disclosing the name, address, and telephone numbers | ||||||
12 | of persons who have knowledge of facts which are the | ||||||
13 | subject of the investigation and identifying the subject | ||||||
14 | matter of their knowledge. | ||||||
15 | (2) The Board shall investigate and complete an | ||||||
16 | Investigative Summary Report when a State's Attorney's | ||||||
17 | Office submits a notice of violation to the Board under | ||||||
18 | (c)(1)(C). | ||||||
19 | (3) When a person submits a notice to the Board under | ||||||
20 | paragraph (2) of subsection (c), The Board shall assign | ||||||
21 | the investigation to the law enforcement agency that | ||||||
22 | employs the law enforcement officer, except when: (i) the | ||||||
23 | law enforcement agency requests to refer the notice to | ||||||
24 | another law enforcement agency or the Board for | ||||||
25 | investigation and such other agency or the Board agrees to | ||||||
26 | conduct the investigation; (ii) an external, independent, |
| |||||||
| |||||||
1 | or civilian oversight agency conducts the investigation in | ||||||
2 | accordance with local ordinance or other applicable law; | ||||||
3 | or (iii) the Board has determined that it will conduct the | ||||||
4 | investigation based upon the facts and circumstances of | ||||||
5 | the alleged violation, including but not limited to, | ||||||
6 | investigations regarding the Chief or Sheriff of a law | ||||||
7 | enforcement agency, familial conflict of interests, | ||||||
8 | complaints involving a substantial portion of a law | ||||||
9 | enforcement agency, or complaints involving a policy of a | ||||||
10 | law enforcement agency. | ||||||
11 | The investigating entity or agency shall submit | ||||||
12 | quarterly reports to the Board regarding the progress of | ||||||
13 | the investigation in a form to be determined by the Board. | ||||||
14 | The quarterly report shall be reviewed by the individual | ||||||
15 | at the Board who conducted the preliminary review, if | ||||||
16 | available. | ||||||
17 | The investigating entity or agency shall, within 7 days of | ||||||
18 | completing an investigation, deliver an Investigative | ||||||
19 | Summary Report and copies of any evidence to the Board. If | ||||||
20 | the Board finds an investigation conducted under this | ||||||
21 | subsection (f)(3) is incomplete, unsatisfactory, or | ||||||
22 | deficient in any way, the Board may direct the | ||||||
23 | investigating entity to take any additional investigative | ||||||
24 | steps deemed necessary to thoroughly and satisfactorily | ||||||
25 | complete the investigation, or the Board may take any | ||||||
26 | steps necessary to complete the investigation. The |
| |||||||
| |||||||
1 | investigating entity or agency or, when necessary, the | ||||||
2 | Board will then amend and re-submit the Investigative | ||||||
3 | Summary Report to the Board for approval. The | ||||||
4 | investigating entity shall cooperate with and assist the | ||||||
5 | Board, as necessary, in any subsequent investigation. | ||||||
6 | (4) Concurrent Investigations. The Board may, at any | ||||||
7 | point, initiate a concurrent investigation under this | ||||||
8 | section. The original investigating entity shall timely | ||||||
9 | communicate, coordinate, and cooperate with the Board to | ||||||
10 | the fullest extent. The Board shall promulgate rules that | ||||||
11 | shall address, at a minimum, the sharing of information | ||||||
12 | and investigative means such as subpoenas and interviewing | ||||||
13 | witnesses. | ||||||
14 | (5) Investigative Summary Report. An Investigative | ||||||
15 | Summary Report shall contain, at a minimum, the | ||||||
16 | allegations and elements within each allegation followed | ||||||
17 | by the testimonial, documentary, or physical evidence that | ||||||
18 | is relevant to each such allegation or element listed and | ||||||
19 | discussed in association with it. All persons who have | ||||||
20 | been interviewed and listed in the Investigative Summary | ||||||
21 | Report will be identified as a complainant, witness, | ||||||
22 | person with specialized knowledge, or law enforcement | ||||||
23 | employee. | ||||||
24 | (6) Each law enforcement agency shall adopt a written | ||||||
25 | policy regarding the investigation of conduct under | ||||||
26 | subsection (a) that involves a law enforcement officer |
| |||||||
| |||||||
1 | employed by that law enforcement agency. The written | ||||||
2 | policy adopted must include the following, at a minimum: | ||||||
3 | (a) Each law enforcement officer shall immediately | ||||||
4 | report any conduct under subsection (b) to the | ||||||
5 | appropriate supervising officer. | ||||||
6 | (b) The written policy under this Section shall be | ||||||
7 | available for inspection and copying under the Freedom | ||||||
8 | of Information Act, and not subject to any exemption | ||||||
9 | of that Act. | ||||||
10 | (7) Nothing in this Act shall prohibit a law | ||||||
11 | enforcement agency from conducting an investigation for | ||||||
12 | the purpose of internal discipline. However, any such | ||||||
13 | investigation shall be conducted in a manner that avoids | ||||||
14 | interference with, and preserves the integrity of, any | ||||||
15 | separate investigation by the Board being conducted. | ||||||
16 | (g) Formal complaints. Upon receipt of an Investigative | ||||||
17 | Summary Report, the Board shall review the Report and any | ||||||
18 | relevant evidence obtained and determine whether there is | ||||||
19 | reasonable basis to believe that the law enforcement officer | ||||||
20 | committed any conduct that would be deemed a violation of this | ||||||
21 | Act. If after reviewing the Report and any other relevant | ||||||
22 | evidence obtained, the Board determines that a reasonable | ||||||
23 | basis does exist, the Board shall file a formal complaint with | ||||||
24 | the Certification Review Panel. | ||||||
25 | (h) Formal Complaint Hearing. | ||||||
26 | (1) Upon issuance of a formal complaint, the Panel |
| |||||||
| |||||||
1 | shall set the matter for an initial hearing in front of an | ||||||
2 | administrative law judge. At least 30 days before the date | ||||||
3 | set for an initial hearing, the Panel must, in writing, | ||||||
4 | notify the law enforcement officer subject to the | ||||||
5 | complaint of the following: | ||||||
6 | (i) the allegations against the law enforcement | ||||||
7 | officer, the time and place for the hearing, and | ||||||
8 | whether the law enforcement officer's certification | ||||||
9 | has been temporarily suspended under Section 8.3; | ||||||
10 | (ii) the right to file a written answer to the | ||||||
11 | complaint with the Panel within 30 days after service | ||||||
12 | of the notice; | ||||||
13 | (iii) if the law enforcement officer fails to | ||||||
14 | comply with the notice of the default order in | ||||||
15 | paragraph (2), the Panel shall enter a default order | ||||||
16 | against the law enforcement officer along with a | ||||||
17 | finding that the allegations in the complaint are | ||||||
18 | deemed admitted, and that the law enforcement | ||||||
19 | officer's certification may be revoked as a result; | ||||||
20 | and | ||||||
21 | (iv) the law enforcement officer may request an | ||||||
22 | informal conference to surrender the officer's | ||||||
23 | certification. | ||||||
24 | (2) The Board shall send the law enforcement officer | ||||||
25 | notice of the default order. The notice shall state that | ||||||
26 | the officer has 30 days to notify the Board in writing of |
| |||||||
| |||||||
1 | their desire to have the order vacated and to appear | ||||||
2 | before the Board. If the law enforcement officer does not | ||||||
3 | notify the Board within 30 days, the Board may set the | ||||||
4 | matter for hearing. If the matter is set for hearing, the | ||||||
5 | Board shall send the law enforcement officer the notice of | ||||||
6 | the date, time and location of the hearing. If the law | ||||||
7 | enforcement officer or counsel for the officer does | ||||||
8 | appear, at the Board's discretion, the hearing may proceed | ||||||
9 | or may be continued to a date and time agreed upon by all | ||||||
10 | parties. If on the date of the hearing, neither the law | ||||||
11 | enforcement officer nor counsel for the officer appears, | ||||||
12 | the Board may proceed with the hearing for default in | ||||||
13 | their absence. | ||||||
14 | (3) If the law enforcement officer fails to comply | ||||||
15 | with paragraph (2), all of the allegations contained in | ||||||
16 | the complaint shall be deemed admitted and the law | ||||||
17 | enforcement officer shall be decertified if, by a majority | ||||||
18 | vote of the panel, the conduct charged in the complaint is | ||||||
19 | found to constitute sufficient grounds for decertification | ||||||
20 | under this Act. Notice of the decertification decision may | ||||||
21 | be served by personal delivery, by mail, or, at the | ||||||
22 | discretion of the Board, by electronic means as adopted by | ||||||
23 | rule to the address or email address specified by the law | ||||||
24 | enforcement officer in the officer's last communication | ||||||
25 | with the Board. Notice shall also be provided to the law | ||||||
26 | enforcement officer's employing law enforcement agency. |
| |||||||
| |||||||
1 | (4) The Board, at the request of the law enforcement | ||||||
2 | officer subject to the Formal Complaint, may suspend a | ||||||
3 | hearing on a Formal Complaint for no more than one year if | ||||||
4 | a concurrent criminal matter is pending. If the law | ||||||
5 | enforcement officer requests to have the hearing | ||||||
6 | suspended, the law enforcement officer's certification | ||||||
7 | shall be deemed inactive until the law enforcement | ||||||
8 | officer's Formal Complaint hearing concludes. The Board or | ||||||
9 | the law enforcement officer may request to have the | ||||||
10 | hearing suspended for up to 6 additional months for good | ||||||
11 | cause. This request may be renewed. For purposes of this | ||||||
12 | paragraph (4), "good cause" means an incident or | ||||||
13 | occurrence that is beyond the control of the requester and | ||||||
14 | that prevents the hearing from occurring, or holding the | ||||||
15 | hearing would impose an undue hardship or prejudice on the | ||||||
16 | requester. | ||||||
17 | (5) Surrender of certification or waiver. Upon the | ||||||
18 | Board's issuance of a complaint, and prior to hearing on | ||||||
19 | the matter, a law enforcement officer may choose to | ||||||
20 | surrender the officer's certification or waiver by | ||||||
21 | notifying the Board in writing of the officer's decision | ||||||
22 | to do so. Upon receipt of such notification from the law | ||||||
23 | enforcement officer, the Board shall immediately decertify | ||||||
24 | the officer, or revoke any waiver previously granted. In | ||||||
25 | the case of a surrender of certification or waiver, the | ||||||
26 | Board's proceeding shall terminate. |
| |||||||
| |||||||
1 | (6) Appointment of administrative law judges. The | ||||||
2 | Board shall retain any attorney licensed to practice law | ||||||
3 | in the State of Illinois to serve as an administrative law | ||||||
4 | judge in any action involving a law enforcement officer | ||||||
5 | under this Act. The administrative law judge shall be | ||||||
6 | retained to a term of no greater than 4 years. If more than | ||||||
7 | one judge is retained, the terms shall be staggered. The | ||||||
8 | administrative law judge has full authority to conduct the | ||||||
9 | hearings. | ||||||
10 | Administrative law judges will receive initial and | ||||||
11 | annual training that is adequate in quality, quantity, | ||||||
12 | scope, and type, and will cover, at minimum the following | ||||||
13 | topics: | ||||||
14 | (i) constitutional and other relevant law on | ||||||
15 | police-community encounters, including the law on the | ||||||
16 | use of force and stops, searches, and arrests; | ||||||
17 | (ii) police tactics; | ||||||
18 | (iii) investigations of police conduct; | ||||||
19 | (iv) impartial policing; | ||||||
20 | (v) policing individuals in crisis; | ||||||
21 | (vi) Illinois police policies, procedures, and | ||||||
22 | disciplinary rules; | ||||||
23 | (vii) procedural justice; and | ||||||
24 | (viii) community outreach. | ||||||
25 | The Board shall determine the content and extent of | ||||||
26 | the training within the scope provided for by this |
| |||||||
| |||||||
1 | subsection. | ||||||
2 | (7) Hearing. At the hearing, the administrative law | ||||||
3 | judge will hear the allegations alleged in the complaint. | ||||||
4 | The law enforcement officer, the counsel of the officer's | ||||||
5 | choosing, and the Board, or the officer's counsel, shall | ||||||
6 | be afforded the opportunity to present any pertinent | ||||||
7 | statements, testimony, evidence, and arguments. The law | ||||||
8 | enforcement officer shall be afforded the opportunity to | ||||||
9 | request that the Board compel the attendance of witnesses | ||||||
10 | and production of related documents. After the conclusion | ||||||
11 | of the hearing, the administrative law judge shall report | ||||||
12 | any findings of fact, conclusions of law, and recommended | ||||||
13 | disposition to the Panel. If the law enforcement officer | ||||||
14 | objects to any procedural or substantive legal portion of | ||||||
15 | the report, the officer may do so by written brief filed | ||||||
16 | with the Panel within 14 days after receipt of the report. | ||||||
17 | The Panel may grant reasonable extensions for good cause | ||||||
18 | shown or when mutually agreed upon by the parties. | ||||||
19 | No later than 28 days before the hearing, a party | ||||||
20 | shall disclose the following: | ||||||
21 | (i) The name and, if known, the address and | ||||||
22 | telephone number of each individual likely to have | ||||||
23 | information relevant to the hearing that the | ||||||
24 | disclosing party may use to support its claims or | ||||||
25 | defenses. This includes, but is not limited to, any | ||||||
26 | name that has previously been held as confidential by |
| |||||||
| |||||||
1 | the Board. | ||||||
2 | (ii) A copy of any documents and videos that are in | ||||||
3 | the possession, custody, or control of the party, and | ||||||
4 | that the disclosing party may use to support its | ||||||
5 | claims or defenses. | ||||||
6 | (8) Certification Review Meeting. Upon receipt of the | ||||||
7 | administrative law judge's findings of fact, conclusions | ||||||
8 | of law, and recommended disposition, and any submitted | ||||||
9 | objections from the law enforcement officer, the Panel | ||||||
10 | shall call for a certification review meeting. | ||||||
11 | In such a meeting, the Panel may adjourn into a closed | ||||||
12 | conference for the purposes of deliberating on the | ||||||
13 | evidence presented during the hearing. In closed | ||||||
14 | conference, the Panel shall consider the hearing officer's | ||||||
15 | findings of fact, conclusions of law, and recommended | ||||||
16 | disposition and may deliberate on all evidence and | ||||||
17 | testimony received and may consider the weight and | ||||||
18 | credibility to be given to the evidence received. No new | ||||||
19 | or additional evidence may be presented to the Panel. | ||||||
20 | After concluding its deliberations, the Panel shall | ||||||
21 | convene in open session for its consideration of the | ||||||
22 | matter. If a simple majority of the Panel finds that no | ||||||
23 | allegations in the complaint supporting one or more | ||||||
24 | charges of misconduct are proven by clear and convincing | ||||||
25 | evidence, then the Panel shall recommend to the Board that | ||||||
26 | the complaint be dismissed. If a simple majority of the |
| |||||||
| |||||||
1 | Panel finds that the allegations in the complaint | ||||||
2 | supporting one or more charges of misconduct are proven by | ||||||
3 | clear and convincing evidence, then the Panel shall | ||||||
4 | recommend to the Board to decertify the officer. The Panel | ||||||
5 | shall prepare a summary report as soon as practicable | ||||||
6 | after the completion of the meeting including the | ||||||
7 | following: the hearing officer's findings of fact, | ||||||
8 | conclusions of law, recommended disposition, and the | ||||||
9 | Panel's order. | ||||||
10 | (9) Final action by the Board. After receiving the | ||||||
11 | Panel's recommendations and any objections by the law | ||||||
12 | enforcement officer, and after due consideration of the | ||||||
13 | Panel's recommendations, the Board, by majority vote, | ||||||
14 | shall issue a final decision to decertify the law | ||||||
15 | enforcement officer or take no action in regard to the law | ||||||
16 | enforcement officer. No new or additional evidence may be | ||||||
17 | presented to the Board. If the Board makes a final | ||||||
18 | decision contrary to the recommendations of the Panel, the | ||||||
19 | Board shall set forth in its final written decision the | ||||||
20 | specific written reasons for not following the Panel's | ||||||
21 | recommendations. A copy of the Board's final decision | ||||||
22 | shall be served upon the law enforcement officer by the | ||||||
23 | Board, either personally or as provided in this Act for | ||||||
24 | the service of a notice of hearing. A copy of the Board's | ||||||
25 | final decision also shall be delivered to the last | ||||||
26 | employing law enforcement agency, the complainant, and the |
| |||||||
| |||||||
1 | Panel. | ||||||
2 | (10) Reconsideration of the Board's Decision. Within | ||||||
3 | 30 days after service of the Board's final decision, the | ||||||
4 | Panel or the law enforcement officer may file a written | ||||||
5 | motion for reconsideration with the Review Committee. The | ||||||
6 | motion for reconsideration shall specify the particular | ||||||
7 | grounds for reconsideration. The non-moving party may | ||||||
8 | respond to the motion for reconsideration. The Review | ||||||
9 | Committee shall only address the issues raised by the | ||||||
10 | parties. | ||||||
11 | The Review Committee may deny the motion for | ||||||
12 | reconsideration, or it may grant the motion in whole or in | ||||||
13 | part and issue a new final decision in the matter. The | ||||||
14 | Review Committee must notify the law enforcement officer | ||||||
15 | and their last employing law enforcement agency within 14 | ||||||
16 | days of a denial and state the reasons for denial. | ||||||
17 | (i) This Section applies to conduct by a full-time or | ||||||
18 | part-time law enforcement officer in violation of subsection | ||||||
19 | (b) that occurred before, on, or after the effective date of | ||||||
20 | this amendatory Act of the 102nd General Assembly. | ||||||
21 | (j) Notwithstanding any provision of law to the contrary, | ||||||
22 | the changes made to this Section by this amendatory Act of the | ||||||
23 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
24 | 1, 2022. | ||||||
25 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
|
| |||||||
| |||||||
1 | (50 ILCS 705/6.6) | ||||||
2 | Sec. 6.6. Administrative Review Law; application. | ||||||
3 | (a) All final administrative decisions by the Board or any | ||||||
4 | committee, including the Certification Review Panel, regarding | ||||||
5 | review of waivers of appeals or discretionary decertification | ||||||
6 | of the Board are subject to judicial review under the | ||||||
7 | Administrative Review Law and its rules. The term | ||||||
8 | "administrative decision" is defined in Section 3-101 of the | ||||||
9 | Code of Civil Procedure. | ||||||
10 | (b) Proceedings for judicial review shall be commenced in | ||||||
11 | Sangamon County or Cook County. | ||||||
12 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||
13 | (50 ILCS 705/6.7) | ||||||
14 | Sec. 6.7. Certification and decertification procedures | ||||||
15 | under Act exclusive. Notwithstanding any other law, the | ||||||
16 | certification and decertification procedures, including the | ||||||
17 | conduct of any investigation or hearing, under this Act are | ||||||
18 | the sole and exclusive procedures for certification as law | ||||||
19 | enforcement officers in Illinois and are not subject to | ||||||
20 | collective bargaining under the Illinois Public Labor | ||||||
21 | Relations Act or appealable except as set forth herein. The | ||||||
22 | provisions of any collective bargaining agreement adopted by a | ||||||
23 | law enforcement agency and covering the law enforcement | ||||||
24 | officer or officers under investigation shall be inapplicable | ||||||
25 | to any investigation or hearing conducted under this Act. |
| |||||||
| |||||||
1 | An individual has no property interest in law enforcement | ||||||
2 | certification at the time of initial certification or at any | ||||||
3 | time thereafter, including, but not limited to, after | ||||||
4 | decertification or after the officer's certification has been | ||||||
5 | deemed inactive. However, before taking any action to | ||||||
6 | decertify an officer, whether automatic decertification, | ||||||
7 | discretionary decertification, or lateral hire, the Board must | ||||||
8 | provide the officer with notice and an opportunity to be heard | ||||||
9 | by the Certification Review Panel, if requested. Nothing in | ||||||
10 | this Act shall be construed to create a requirement that a law | ||||||
11 | enforcement agency shall continue to employ a law enforcement | ||||||
12 | officer who has been decertified. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
| ||||||
14 | (50 ILCS 705/7) | ||||||
15 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
16 | adopt rules and minimum standards for such schools which shall | ||||||
17 | include, but not be limited to, the following: | ||||||
18 | a. The curriculum for probationary law enforcement | ||||||
19 | officers which shall be offered by all certified schools | ||||||
20 | shall include, but not be limited to, courses of | ||||||
21 | procedural justice, arrest and use and control tactics, | ||||||
22 | search and seizure, including temporary questioning, civil | ||||||
23 | rights, human rights, human relations, cultural | ||||||
24 | competency, including implicit bias and racial and ethnic | ||||||
25 | sensitivity, criminal law, law of criminal procedure, |
| |||||||
| |||||||
1 | constitutional and proper use of law enforcement | ||||||
2 | authority, crisis intervention training, vehicle and | ||||||
3 | traffic law including uniform and non-discriminatory | ||||||
4 | enforcement of the Illinois Vehicle Code, traffic control | ||||||
5 | and crash investigation, techniques of obtaining physical | ||||||
6 | evidence, court testimonies, statements, reports, firearms | ||||||
7 | training, training in the use of electronic control | ||||||
8 | devices, including the psychological and physiological | ||||||
9 | effects of the use of those devices on humans, first-aid | ||||||
10 | (including cardiopulmonary resuscitation), training in the | ||||||
11 | administration of opioid antagonists as defined in | ||||||
12 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
13 | Substance Use Disorder Act, handling of juvenile | ||||||
14 | offenders, recognition of mental conditions and crises, | ||||||
15 | including, but not limited to, the disease of addiction, | ||||||
16 | which require immediate assistance and response and | ||||||
17 | methods to safeguard and provide assistance to a person in | ||||||
18 | need of mental treatment, recognition of abuse, neglect, | ||||||
19 | financial exploitation, and self-neglect of adults with | ||||||
20 | disabilities and older adults, as defined in Section 2 of | ||||||
21 | the Adult Protective Services Act, crimes against the | ||||||
22 | elderly, law of evidence, the hazards of high-speed police | ||||||
23 | vehicle chases with an emphasis on alternatives to the | ||||||
24 | high-speed chase, and physical training. The curriculum | ||||||
25 | shall include specific training in techniques for | ||||||
26 | immediate response to and investigation of cases of |
| |||||||
| |||||||
1 | domestic violence and of sexual assault of adults and | ||||||
2 | children, including cultural perceptions and common myths | ||||||
3 | of sexual assault and sexual abuse as well as interview | ||||||
4 | techniques that are age sensitive and are trauma informed, | ||||||
5 | victim centered, and victim sensitive. The curriculum | ||||||
6 | shall include training in techniques designed to promote | ||||||
7 | effective communication at the initial contact with crime | ||||||
8 | victims and ways to comprehensively explain to victims and | ||||||
9 | witnesses their rights under the Rights of Crime Victims | ||||||
10 | and Witnesses Act and the Crime Victims Compensation Act. | ||||||
11 | The curriculum shall also include training in effective | ||||||
12 | recognition of and responses to stress, trauma, and | ||||||
13 | post-traumatic stress experienced by law enforcement | ||||||
14 | officers that is consistent with Section 25 of the | ||||||
15 | Illinois Mental Health First Aid Training Act in a peer | ||||||
16 | setting, including recognizing signs and symptoms of | ||||||
17 | work-related cumulative stress, issues that may lead to | ||||||
18 | suicide, and solutions for intervention with peer support | ||||||
19 | resources. The curriculum shall include a block of | ||||||
20 | instruction addressing the mandatory reporting | ||||||
21 | requirements under the Abused and Neglected Child | ||||||
22 | Reporting Act. The curriculum shall also include a block | ||||||
23 | of instruction aimed at identifying and interacting with | ||||||
24 | persons with autism and other developmental or physical | ||||||
25 | disabilities, reducing barriers to reporting crimes | ||||||
26 | against persons with autism, and addressing the unique |
| |||||||
| |||||||
1 | challenges presented by cases involving victims or | ||||||
2 | witnesses with autism and other developmental | ||||||
3 | disabilities. The curriculum shall include training in the | ||||||
4 | detection and investigation of all forms of human | ||||||
5 | trafficking. The curriculum shall also include instruction | ||||||
6 | in trauma-informed responses designed to ensure the | ||||||
7 | physical safety and well-being of a child of an arrested | ||||||
8 | parent or immediate family member; this instruction must | ||||||
9 | include, but is not limited to: (1) understanding the | ||||||
10 | trauma experienced by the child while maintaining the | ||||||
11 | integrity of the arrest and safety of officers, suspects, | ||||||
12 | and other involved individuals; (2) de-escalation tactics | ||||||
13 | that would include the use of force when reasonably | ||||||
14 | necessary; and (3) inquiring whether a child will require | ||||||
15 | supervision and care. The curriculum for probationary law | ||||||
16 | enforcement officers shall include: (1) at least 12 hours | ||||||
17 | of hands-on, scenario-based role-playing; (2) at least 6 | ||||||
18 | hours of instruction on use of force techniques, including | ||||||
19 | the use of de-escalation techniques to prevent or reduce | ||||||
20 | the need for force whenever safe and feasible; (3) | ||||||
21 | specific training on officer safety techniques, including | ||||||
22 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
23 | training focused on high-risk traffic stops. The | ||||||
24 | curriculum for permanent law enforcement officers shall | ||||||
25 | include, but not be limited to: (1) refresher and | ||||||
26 | in-service training in any of the courses listed above in |
| |||||||
| |||||||
1 | this subparagraph, (2) advanced courses in any of the | ||||||
2 | subjects listed above in this subparagraph, (3) training | ||||||
3 | for supervisory personnel, and (4) specialized training in | ||||||
4 | subjects and fields to be selected by the board. The | ||||||
5 | training in the use of electronic control devices shall be | ||||||
6 | conducted for probationary law enforcement officers, | ||||||
7 | including University police officers. The curriculum shall | ||||||
8 | also include training on the use of a firearms restraining | ||||||
9 | order by providing instruction on the process used to file | ||||||
10 | a firearms restraining order and how to identify | ||||||
11 | situations in which a firearms restraining order is | ||||||
12 | appropriate. | ||||||
13 | b. Minimum courses of study, attendance requirements | ||||||
14 | and equipment requirements. | ||||||
15 | c. Minimum requirements for instructors. | ||||||
16 | d. Minimum basic training requirements, which a | ||||||
17 | probationary law enforcement officer must satisfactorily | ||||||
18 | complete before being eligible for permanent employment as | ||||||
19 | a local law enforcement officer for a participating local | ||||||
20 | governmental or State governmental agency. Those | ||||||
21 | requirements shall include training in first aid | ||||||
22 | (including cardiopulmonary resuscitation). | ||||||
23 | e. Minimum basic training requirements, which a | ||||||
24 | probationary county corrections officer must | ||||||
25 | satisfactorily complete before being eligible for | ||||||
26 | permanent employment as a county corrections officer for a |
| |||||||
| |||||||
1 | participating local governmental agency. | ||||||
2 | f. Minimum basic training requirements which a | ||||||
3 | probationary court security officer must satisfactorily | ||||||
4 | complete before being eligible for permanent employment as | ||||||
5 | a court security officer for a participating local | ||||||
6 | governmental agency. The Board shall establish those | ||||||
7 | training requirements which it considers appropriate for | ||||||
8 | court security officers and shall certify schools to | ||||||
9 | conduct that training. | ||||||
10 | A person hired to serve as a court security officer | ||||||
11 | must obtain from the Board a certificate (i) attesting to | ||||||
12 | the officer's successful completion of the training | ||||||
13 | course; (ii) attesting to the officer's satisfactory | ||||||
14 | completion of a training program of similar content and | ||||||
15 | number of hours that has been found acceptable by the | ||||||
16 | Board under the provisions of this Act; or (iii) attesting | ||||||
17 | to the Board's determination that the training course is | ||||||
18 | unnecessary because of the person's extensive prior law | ||||||
19 | enforcement experience. | ||||||
20 | Individuals who currently serve as court security | ||||||
21 | officers shall be deemed qualified to continue to serve in | ||||||
22 | that capacity so long as they are certified as provided by | ||||||
23 | this Act within 24 months of June 1, 1997 (the effective | ||||||
24 | date of Public Act 89-685). Failure to be so certified, | ||||||
25 | absent a waiver from the Board, shall cause the officer to | ||||||
26 | forfeit his or her position. |
| |||||||
| |||||||
1 | All individuals hired as court security officers on or | ||||||
2 | after June 1, 1997 (the effective date of Public Act | ||||||
3 | 89-685) shall be certified within 12 months of the date of | ||||||
4 | their hire, unless a waiver has been obtained by the | ||||||
5 | Board, or they shall forfeit their positions. | ||||||
6 | The Sheriff's Merit Commission, if one exists, or the | ||||||
7 | Sheriff's Office if there is no Sheriff's Merit | ||||||
8 | Commission, shall maintain a list of all individuals who | ||||||
9 | have filed applications to become court security officers | ||||||
10 | and who meet the eligibility requirements established | ||||||
11 | under this Act. Either the Sheriff's Merit Commission, or | ||||||
12 | the Sheriff's Office if no Sheriff's Merit Commission | ||||||
13 | exists, shall establish a schedule of reasonable intervals | ||||||
14 | for verification of the applicants' qualifications under | ||||||
15 | this Act and as established by the Board. | ||||||
16 | g. (Blank). Minimum in-service training requirements, | ||||||
17 | which a law enforcement officer must satisfactorily | ||||||
18 | complete every 3 years. Those requirements shall include | ||||||
19 | constitutional and proper use of law enforcement | ||||||
20 | authority, procedural justice, civil rights, human rights, | ||||||
21 | reporting child abuse and neglect, and cultural | ||||||
22 | competency, including implicit bias and racial and ethnic | ||||||
23 | sensitivity. These trainings shall consist of at least 30 | ||||||
24 | hours of training every 3 years. | ||||||
25 | h. (Blank). Minimum in-service training requirements, | ||||||
26 | which a law enforcement officer must satisfactorily |
| |||||||
| |||||||
1 | complete at least annually. Those requirements shall | ||||||
2 | include law updates, emergency medical response training | ||||||
3 | and certification, crisis intervention training, and | ||||||
4 | officer wellness and mental health. | ||||||
5 | i. (Blank). Minimum in-service training requirements | ||||||
6 | as set forth in Section 10.6. | ||||||
7 | Notwithstanding any provision of law to the contrary, the | ||||||
8 | changes made to this Section by Public Act 101-652, Public Act | ||||||
9 | 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
10 | (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; | ||||||
11 | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. | ||||||
12 | 7-1-23; 103-154, eff. 6-30-23.)
| ||||||
13 | (50 ILCS 705/7.9 new) | ||||||
14 | Sec. 7.9. System for the development, delivery, and | ||||||
15 | tracking of in-service training courses. | ||||||
16 | (a) The Board shall establish a system for the | ||||||
17 | development, delivery, and tracking of in-service training | ||||||
18 | courses. The Board may designate any training to be delivered | ||||||
19 | electronically as appropriate unless otherwise determined in | ||||||
20 | the Act. The content for these courses shall include, but not | ||||||
21 | be limited to: | ||||||
22 | (1) refresher and in-service training in any of the | ||||||
23 | courses listed in subsection (b); | ||||||
24 | (2) advanced courses in any of the subjects listed in | ||||||
25 | subsection (b); |
| |||||||
| |||||||
1 | (3) training for supervisory personnel; and | ||||||
2 | (4) specialized training in subjects and fields to be | ||||||
3 | selected by the Board. | ||||||
4 | (b) The Board shall establish minimum in-service training | ||||||
5 | requirements that a police officer must satisfactorily | ||||||
6 | complete. Mandatory training shall be completed every 3 years. | ||||||
7 | Beginning January 1, 2026, the training shall consist of at | ||||||
8 | least 40 hours of training over a 3-year period and shall | ||||||
9 | include the topics described in this subsection. Training | ||||||
10 | designated in other statutes shall be incorporated into this | ||||||
11 | Section and shall be governed by the conditions of this | ||||||
12 | Section. Any training conducted in the 3 years prior to the | ||||||
13 | first reporting shall satisfy the requirements under this | ||||||
14 | Section. The training shall provide officers with knowledge of | ||||||
15 | policies and laws regulating the use of force; equip officers | ||||||
16 | with tactics and skills, including de-escalation techniques, | ||||||
17 | to prevent or reduce the need to use force or, when force must | ||||||
18 | be used, to use force that is objectively reasonable, | ||||||
19 | necessary, and proportional under the totality of the | ||||||
20 | circumstances; and ensure appropriate supervision and | ||||||
21 | accountability. The training shall also include training in | ||||||
22 | the following: | ||||||
23 | (1) specific instruction on use of force techniques, | ||||||
24 | including the use of de-escalation techniques to prevent | ||||||
25 | or reduce the need for force whenever safe and feasible, | ||||||
26 | including scenario-based training that can be delivered |
| |||||||
| |||||||
1 | in-person or virtually; | ||||||
2 | (2) specific training focused on high-risk traffic | ||||||
3 | stops; | ||||||
4 | (3) specific training on the law concerning stops, | ||||||
5 | searches, and the use of force under the Fourth Amendment | ||||||
6 | of the United States Constitution; | ||||||
7 | (4) specific training on officer safety techniques, | ||||||
8 | including cover, concealment, and time; | ||||||
9 | (5) cultural competency, including implicit bias and | ||||||
10 | racial and ethnic sensitivity; | ||||||
11 | (6) constitutional and proper use of law enforcement | ||||||
12 | authority; | ||||||
13 | (7) procedural justice; | ||||||
14 | (8) civil rights; | ||||||
15 | (9) human rights; | ||||||
16 | (10) trauma informed response to sexual assault; | ||||||
17 | (11) reporting child abuse and neglect; | ||||||
18 | (12) the psychology of domestic violence; | ||||||
19 | (13) law updates; | ||||||
20 | (14) emergency medical response; | ||||||
21 | (15) crisis intervention; | ||||||
22 | (16) officer wellness and mental health; and | ||||||
23 | (17) firearms restraining order training, including | ||||||
24 | training in firearms restraining orders, how to identify | ||||||
25 | situations in which a firearms restraining order is | ||||||
26 | appropriate, and how to safely promote the usage of the |
| |||||||
| |||||||
1 | firearms restraining order in different situations.
| ||||||
2 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) | ||||||
3 | Sec. 8.1. Full-time law enforcement and county corrections | ||||||
4 | officers. | ||||||
5 | (a) No person shall receive a permanent appointment as a | ||||||
6 | law enforcement officer or a permanent appointment as a county | ||||||
7 | corrections officer unless that person has been awarded, | ||||||
8 | within 6 months of the officer's initial full-time employment, | ||||||
9 | a certificate attesting to the officer's successful completion | ||||||
10 | of the Minimum Standards Basic Law Enforcement or County | ||||||
11 | Correctional Training Course as prescribed by the Board; or | ||||||
12 | has been awarded a certificate attesting to the officer's | ||||||
13 | satisfactory completion of a training program of similar | ||||||
14 | content and number of hours and which course has been found | ||||||
15 | acceptable by the Board under the provisions of this Act; or a | ||||||
16 | training waiver by reason of prior law enforcement or county | ||||||
17 | corrections experience, obtained in Illinois, in any other | ||||||
18 | state, or with an agency of the federal government, the basic | ||||||
19 | training requirement is determined by the Board to be | ||||||
20 | illogical and unreasonable. A law enforcement agency may | ||||||
21 | submit a waiver request for a prospective employee before | ||||||
22 | making a conditional offer. A waiver request and decision for | ||||||
23 | an out-of-state officer shall be completed prior to a | ||||||
24 | conditional offer. A prospective officer may be granted a | ||||||
25 | waiver prior to accepting a position. Agencies seeking a |
| |||||||
| |||||||
1 | reciprocity waiver for training completed outside of Illinois | ||||||
2 | must conduct a thorough background check and provide | ||||||
3 | verification of the officer's prior training. After review and | ||||||
4 | satisfaction of all requested conditions, the officer shall be | ||||||
5 | awarded an equivalency certificate satisfying the requirements | ||||||
6 | of this Section. Within 60 days after the effective date of | ||||||
7 | this amendatory Act of the 103rd General Assembly, the Board | ||||||
8 | shall adopt uniform rules providing for a waiver process for a | ||||||
9 | person previously employed and qualified as a law enforcement | ||||||
10 | or county corrections officer under federal law or the laws of | ||||||
11 | any other state, or who has completed a basic law enforcement | ||||||
12 | officer or correctional officer academy who would be qualified | ||||||
13 | to be employed as a law enforcement officer or correctional | ||||||
14 | officer by the federal government or any other state. These | ||||||
15 | rules shall address the process for evaluating prior training | ||||||
16 | credit, a description and list of the courses typically | ||||||
17 | required for reciprocity candidates to complete prior to | ||||||
18 | taking the exam, and a procedure for employers seeking a | ||||||
19 | pre-activation determination for a reciprocity training | ||||||
20 | waiver. The rules shall provide that any eligible person | ||||||
21 | previously trained as a law enforcement or county corrections | ||||||
22 | officer under federal law or the laws of any other state shall | ||||||
23 | successfully complete the following prior to the approval of a | ||||||
24 | waiver: | ||||||
25 | (1) a training program or set of coursework approved | ||||||
26 | by the Board on the laws of this State relevant to the |
| |||||||
| |||||||
1 | duties and training requirements of law enforcement and | ||||||
2 | county correctional officers; | ||||||
3 | (2) firearms training; and | ||||||
4 | (3) successful passage of the equivalency | ||||||
5 | certification examination. | ||||||
6 | Upon receiving final notification from the Board on | ||||||
7 | training required for any waiver, the employing agency shall | ||||||
8 | ensure all necessary training is completed within 6 months of | ||||||
9 | the training being available. If such training is required and | ||||||
10 | not completed within the applicable 6 months, then the officer | ||||||
11 | must forfeit the officer's position, or the employing agency | ||||||
12 | must obtain a waiver from the Board extending the period for | ||||||
13 | compliance. Such waiver shall be issued only for good and | ||||||
14 | justifiable reasons, and in no case shall extend more than 90 | ||||||
15 | days beyond the initial 6 months. Any hiring agency that fails | ||||||
16 | to train a law enforcement officer within this period shall be | ||||||
17 | prohibited from employing this individual in a law enforcement | ||||||
18 | capacity for one year from the date training was to be | ||||||
19 | completed. If an agency again fails to train the individual a | ||||||
20 | second time, the agency shall be permanently barred from | ||||||
21 | employing this individual in a law enforcement capacity. | ||||||
22 | An individual who is not certified by the Board or whose | ||||||
23 | certified status is inactive shall not function as a law | ||||||
24 | enforcement officer, be assigned the duties of a law | ||||||
25 | enforcement officer by an employing agency, or be authorized | ||||||
26 | to carry firearms under the authority of the employer, except |
| |||||||
| |||||||
1 | as otherwise authorized to carry a firearm under State or | ||||||
2 | federal law. Sheriffs who are elected as of January 1, 2022 | ||||||
3 | (the effective date of Public Act 101-652) are exempt from the | ||||||
4 | requirement of certified status. Failure to be certified in | ||||||
5 | accordance with this Act shall cause the officer to forfeit | ||||||
6 | the officer's position. | ||||||
7 | An employing agency may not grant a person status as a law | ||||||
8 | enforcement officer unless the person has been granted an | ||||||
9 | active law enforcement officer certification by the Board. | ||||||
10 | (b) Inactive status. A person who has an inactive law | ||||||
11 | enforcement officer certification has no law enforcement | ||||||
12 | authority. | ||||||
13 | (1) A law enforcement officer's certification becomes | ||||||
14 | inactive upon termination, resignation, retirement, or | ||||||
15 | separation from the officer's employing law enforcement | ||||||
16 | agency for any reason unless there is less than a 24-month | ||||||
17 | break in service between law enforcement agencies . The | ||||||
18 | Board shall re-activate a certification upon written | ||||||
19 | application from the law enforcement officer's law | ||||||
20 | enforcement agency that shows the law enforcement officer: | ||||||
21 | (i) has accepted a full-time law enforcement position with | ||||||
22 | that law enforcement agency, (ii) is not the subject of a | ||||||
23 | decertification proceeding, and (iii) meets all other | ||||||
24 | criteria for re-activation required by the Board. The | ||||||
25 | Board may also establish special training requirements to | ||||||
26 | be completed as a condition for re-activation. However, an |
| |||||||
| |||||||
1 | officer with less than a 24-month break in service will | ||||||
2 | not require reactivation and his waiver request could be | ||||||
3 | reviewed under subsection (a). | ||||||
4 | The Board shall review a notice for reactivation from | ||||||
5 | a law enforcement agency and provide a response within 30 | ||||||
6 | days. The Board may extend this review. A law enforcement | ||||||
7 | officer shall be allowed to be employed as a full-time law | ||||||
8 | enforcement officer while the law enforcement officer | ||||||
9 | reactivation waiver is under review. | ||||||
10 | A law enforcement officer who is refused reactivation | ||||||
11 | or an employing agency of a law enforcement officer who is | ||||||
12 | refused reactivation under this Section may request a | ||||||
13 | hearing in accordance with the hearing procedures as | ||||||
14 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
15 | The Board may refuse to re-activate the certification | ||||||
16 | of a law enforcement officer who was involuntarily | ||||||
17 | terminated for good cause by an employing agency for | ||||||
18 | conduct subject to decertification under this Act or | ||||||
19 | resigned or retired after receiving notice of a law | ||||||
20 | enforcement agency's investigation. | ||||||
21 | (2) A law enforcement agency may place an officer who | ||||||
22 | is currently certified on inactive status by sending a | ||||||
23 | written request to the Board. A law enforcement officer | ||||||
24 | whose certificate has been placed on inactive status shall | ||||||
25 | not function as a law enforcement officer until the | ||||||
26 | officer has completed any requirements for reactivating |
| |||||||
| |||||||
1 | the certificate as required by the Board. A request for | ||||||
2 | inactive status in this subsection shall be in writing, | ||||||
3 | accompanied by verifying documentation, and shall be | ||||||
4 | submitted to the Board with a copy to the chief | ||||||
5 | administrator of the law enforcement officer's current or | ||||||
6 | new employing agency. | ||||||
7 | (3) Certification that has become inactive under | ||||||
8 | paragraph (2) of this subsection (b) shall be reactivated | ||||||
9 | by written notice from the law enforcement officer's | ||||||
10 | agency upon a showing that the law enforcement officer: | ||||||
11 | (i) is employed in a full-time law enforcement position | ||||||
12 | with the same law enforcement agency, (ii) is not the | ||||||
13 | subject of a decertification proceeding, and (iii) meets | ||||||
14 | all other criteria for re-activation required by the | ||||||
15 | Board. | ||||||
16 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
17 | (b), a law enforcement officer whose certification has | ||||||
18 | become inactive under paragraph (2) may have the officer's | ||||||
19 | employing agency submit a request for a waiver of training | ||||||
20 | requirements to the Board in writing and accompanied by | ||||||
21 | any verifying documentation. A grant of a waiver is within | ||||||
22 | the discretion of the Board. Within 7 days of receiving a | ||||||
23 | request for a waiver under this Section, the Board shall | ||||||
24 | notify the law enforcement officer and the chief | ||||||
25 | administrator of the law enforcement officer's employing | ||||||
26 | agency, whether the request has been granted, denied, or |
| |||||||
| |||||||
1 | if the Board will take additional time for information. A | ||||||
2 | law enforcement agency whose request for a waiver under | ||||||
3 | this subsection is denied is entitled to request a review | ||||||
4 | of the denial by the Board. The law enforcement agency | ||||||
5 | must request a review within 20 days of the waiver being | ||||||
6 | denied. The burden of proof shall be on the law | ||||||
7 | enforcement agency to show why the law enforcement officer | ||||||
8 | is entitled to a waiver of the legislatively required | ||||||
9 | training and eligibility requirements. | ||||||
10 | (c) No provision of this Section shall be construed to | ||||||
11 | mean that a county corrections officer employed by a | ||||||
12 | governmental agency at the time of the effective date of this | ||||||
13 | amendatory Act, either as a probationary county corrections | ||||||
14 | officer or as a permanent county corrections officer, shall | ||||||
15 | require certification under the provisions of this Section. No | ||||||
16 | provision of this Section shall be construed to apply to | ||||||
17 | certification of elected county sheriffs. | ||||||
18 | (d) Within 14 days, a law enforcement officer shall report | ||||||
19 | to the Board: (1) any name change; (2) any change in | ||||||
20 | employment; or (3) the filing of any criminal indictment or | ||||||
21 | charges against the officer alleging that the officer | ||||||
22 | committed any offense as enumerated in Section 6.1 of this | ||||||
23 | Act. | ||||||
24 | (e) All law enforcement officers must report the | ||||||
25 | completion of the training requirements required in this Act | ||||||
26 | in compliance with Section 8.4 of this Act. |
| |||||||
| |||||||
1 | (e-1) Each employing law enforcement agency shall allow | ||||||
2 | and provide an opportunity for a law enforcement officer to | ||||||
3 | complete the mandated requirements in this Act. All mandated | ||||||
4 | training shall be provided at no cost to the employees. | ||||||
5 | Employees shall be paid for all time spent attending mandated | ||||||
6 | training. | ||||||
7 | (e-2) Each agency, academy, or training provider shall | ||||||
8 | maintain proof of a law enforcement officer's completion of | ||||||
9 | legislatively required training in a format designated by the | ||||||
10 | Board. The report of training shall be submitted to the Board | ||||||
11 | within 30 days following completion of the training. A copy of | ||||||
12 | the report shall be submitted to the law enforcement officer. | ||||||
13 | Upon receipt of a properly completed report of training, the | ||||||
14 | Board will make the appropriate entry into the training | ||||||
15 | records of the law enforcement officer. | ||||||
16 | (f) This Section does not apply to part-time law | ||||||
17 | enforcement officers or probationary part-time law enforcement | ||||||
18 | officers. | ||||||
19 | (g) Notwithstanding any provision of law to the contrary, | ||||||
20 | the changes made to this Section by Public Act 101-652, Public | ||||||
21 | Act 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
22 | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; | ||||||
23 | 103-154, eff. 6-30-23; 103-389, eff. 1-1-24 .)
| ||||||
24 | (50 ILCS 705/8.4) | ||||||
25 | Sec. 8.4. Law enforcement compliance verification. |
| |||||||
| |||||||
1 | (a)(1) Unless on inactive status under subsection (b) of | ||||||
2 | Section 8.1 or subsection (b) of Section 8.2, every law | ||||||
3 | enforcement agency officer subject to this Act shall annually | ||||||
4 | submit a verification form for every law enforcement officer | ||||||
5 | subject to this Act that confirms compliance with this Act. | ||||||
6 | The verification shall apply to the 3 calendar years preceding | ||||||
7 | the date of verification. Law enforcement officers shall | ||||||
8 | submit the officer's first report by January 30 during the | ||||||
9 | initial three-year reporting period, as determined on the | ||||||
10 | basis of the law enforcement officer's last name under | ||||||
11 | paragraph (2) of this subsection then every third year of the | ||||||
12 | officer's applicable three-year report period as determined by | ||||||
13 | the Board. At the conclusion of each law enforcement officer's | ||||||
14 | applicable reporting period, the chief administrative officer | ||||||
15 | of the officer's employer shall law enforcement agency is to | ||||||
16 | determine the compliance with the training requirements of | ||||||
17 | each officer under this Section . An officer must also may | ||||||
18 | verify the officer's their successful completion of training | ||||||
19 | requirements with the officer's their law enforcement agency. | ||||||
20 | Each law enforcement officer is responsible for reporting and | ||||||
21 | demonstrating compliance to the officer's chief administrative | ||||||
22 | officer. | ||||||
23 | (2) The applicable three-year reporting period shall begin | ||||||
24 | on January 30, 2023 for law enforcement officers whose last | ||||||
25 | names being with the letters A through G, on January 30, 2024 | ||||||
26 | for law enforcement officers whose last names being with the |
| |||||||
| |||||||
1 | letters H through O, and January 30, 2025 for law enforcement | ||||||
2 | officers whose last names being with the letters P through Z. | ||||||
3 | (3) The compliance verification form shall be in a form | ||||||
4 | and manner prescribed by the Board and, at a minimum, include | ||||||
5 | the following: (i) verification that the law enforcement | ||||||
6 | officer has completed the mandatory training programs in the | ||||||
7 | preceding 3 years; (ii) the law enforcement officer's current | ||||||
8 | employment information, including but not limited to, the | ||||||
9 | termination of any previous law enforcement or security | ||||||
10 | employment in the relevant time period; and (iii) a statement | ||||||
11 | verifying that the officer has not committed misconduct under | ||||||
12 | Section 6.1. | ||||||
13 | (b) (1) On October 1 of each year, the Board shall send | ||||||
14 | notice to all certified law enforcement officers and law | ||||||
15 | enforcement agencies , unless exempted in (a), of the upcoming | ||||||
16 | deadline to submit the compliance verification form. No later | ||||||
17 | than March 1 of each year, the Board shall send notice to all | ||||||
18 | certified law enforcement officers who have failed to submit | ||||||
19 | the compliance verification form, as well as the officer's law | ||||||
20 | enforcement agencies. The Board shall not send a notice of | ||||||
21 | noncompliance to law enforcement officers whom the Board | ||||||
22 | knows, based on the status of the law enforcement officer's | ||||||
23 | certification status, are inactive or retired. The Board may | ||||||
24 | accept compliance verification forms until April 1 of the year | ||||||
25 | in which a law enforcement officer is required to submit the | ||||||
26 | form. |
| |||||||
| |||||||
1 | (2) No earlier than April 1 of the year in which a law | ||||||
2 | enforcement officer is required to submit a verification form, | ||||||
3 | the Board may determine a law enforcement officer's | ||||||
4 | certification to be inactive if the law enforcement officer | ||||||
5 | failed to either: (1) submit a compliance verification in | ||||||
6 | accordance with this Section; or (2) report an exemption from | ||||||
7 | the requirements of this Section. The Board shall then send | ||||||
8 | notice, by mail or email, to any such law enforcement officer | ||||||
9 | and the officer's law enforcement agency that the officer's | ||||||
10 | certificate will be deemed inactive on the date specified in | ||||||
11 | the notice, which shall be no sooner than 21 days from the date | ||||||
12 | of the notice, because of the officer's failure to comply or | ||||||
13 | report compliance, or failure to report an exemption. The | ||||||
14 | Board shall deem inactive the certificate of such law | ||||||
15 | enforcement officers on the date specified in the notice | ||||||
16 | unless the Board determines before that date that the law | ||||||
17 | enforcement officer has complied. A determination that a | ||||||
18 | certificate is inactive under this section is not a | ||||||
19 | disciplinary sanction. | ||||||
20 | (3) A law enforcement officer who was on inactive status | ||||||
21 | shall, upon return to active status, be required to complete | ||||||
22 | the deferred training programs within 1 year. | ||||||
23 | (4) The Board may waive the reporting requirements, as | ||||||
24 | required in this section, if the law enforcement officer or | ||||||
25 | the officer's law enforcement agency demonstrates the | ||||||
26 | existence of mitigating circumstances justifying the law |
| |||||||
| |||||||
1 | enforcement officer's failure to obtain the training | ||||||
2 | requirements due to failure of the officer's law enforcement | ||||||
3 | agency or the Board to offer the training requirement during | ||||||
4 | the officer's required compliance verification period. If the | ||||||
5 | Board finds that the law enforcement officer can meet the | ||||||
6 | training requirements with extended time, the Board may allow | ||||||
7 | the law enforcement officer a maximum of six additional months | ||||||
8 | to complete the requirements. | ||||||
9 | (5) A request for a training waiver under this subsection | ||||||
10 | due to the mitigating circumstance shall be in writing, | ||||||
11 | accompanied by verifying documentation, and shall be submitted | ||||||
12 | to the Board not less than 30 days before the end of the law | ||||||
13 | enforcement officer's required compliance verification period. | ||||||
14 | (6) A law enforcement officer whose request for waiver | ||||||
15 | under this subsection is denied, is entitled to a request for a | ||||||
16 | review by the Board. The law enforcement officer or the | ||||||
17 | officer's law enforcement agency must request a review within | ||||||
18 | 20 days after the waiver being denied. The burden of proof | ||||||
19 | shall be on the law enforcement officer to show why the officer | ||||||
20 | is entitled to a waiver. | ||||||
21 | (c) Recordkeeping and audits. | ||||||
22 | (1) For four years after the end of each reporting | ||||||
23 | period, each certified law enforcement officer shall | ||||||
24 | maintain sufficient documentation necessary to corroborate | ||||||
25 | compliance with the mandatory training requirements under | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | (2) Notwithstanding any other provision in state law, | ||||||
2 | for four years after the end of each reporting period, | ||||||
3 | each law enforcement agency shall maintain sufficient | ||||||
4 | documentation necessary to corroborate compliance with the | ||||||
5 | mandatory training requirements under this Act of each | ||||||
6 | officer it employs or employed within the relevant time | ||||||
7 | period. | ||||||
8 | (3) The Board may audit compliance verification forms | ||||||
9 | submitted to determine the accuracy of the submissions. | ||||||
10 | The audit may include but is not limited to, training | ||||||
11 | verification and a law enforcement officer background | ||||||
12 | check. | ||||||
13 | (d) Audits that reveal an inaccurate verification. | ||||||
14 | (1) If an audit conducted under paragraph (3) of | ||||||
15 | subsection (c) of this Section reveals inaccurate | ||||||
16 | information, the Board shall provide the law enforcement | ||||||
17 | officer and employing law enforcement agency with written | ||||||
18 | notice containing: (i) the results of the audit, | ||||||
19 | specifying each alleged inaccuracy; (ii) a summary of the | ||||||
20 | basis of that determination; and (iii) a deadline, which | ||||||
21 | shall be at least 30 days from the date of the notice, for | ||||||
22 | the law enforcement officer to file a written response if | ||||||
23 | the law enforcement officer objects to any of the contents | ||||||
24 | of the notice. | ||||||
25 | (2) After considering any response from the law | ||||||
26 | enforcement officer, if the Board determines that the law |
| |||||||
| |||||||
1 | enforcement officer filed an inaccurate verification, the | ||||||
2 | law enforcement officer shall be given 60 days in which to | ||||||
3 | file an amended verification form, together with all | ||||||
4 | documentation specified in paragraph (e)(1), demonstrating | ||||||
5 | full compliance with the applicable requirements. | ||||||
6 | (3) If the results of the audit suggest that the law | ||||||
7 | enforcement officer willfully filed a false verification | ||||||
8 | form, the Board shall submit a formal complaint to the | ||||||
9 | Panel for decertification. An officer who has been | ||||||
10 | decertified for willfully filing a false verification form | ||||||
11 | shall not be eligible for reactivation under subsection | ||||||
12 | (e). | ||||||
13 | (e) Reactivation. A law enforcement officer who has been | ||||||
14 | deemed inactive due to noncompliance with the reporting | ||||||
15 | requirements under paragraph (a)(1) may request to have the | ||||||
16 | Board re-activate his or her certification upon submitting a | ||||||
17 | compliance verification form that shows full compliance for | ||||||
18 | the period in which the law enforcement officer was deemed | ||||||
19 | inactive due to noncompliance. The Board shall make a | ||||||
20 | determination regarding a submission under this subsection | ||||||
21 | active no later than 7 days after the Board determines full | ||||||
22 | compliance or continued noncompliance. | ||||||
23 | A law enforcement officer whose request for reactivation | ||||||
24 | under this subsection (e) is denied is entitled to request a | ||||||
25 | review by the Board. The law enforcement officer or the | ||||||
26 | officer's law enforcement agency must request a review within |
| |||||||
| |||||||
1 | 20 days after reactivation being denied. The burden of proof | ||||||
2 | shall be on the law enforcement officer or law enforcement | ||||||
3 | agency to show that the officer is in full compliance. | ||||||
4 | (f) Notwithstanding any provision of law to the contrary, | ||||||
5 | the changes made to this Section by this amendatory Act of the | ||||||
6 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
7 | 1, 2022. | ||||||
8 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
| ||||||
9 | (50 ILCS 705/9.2) | ||||||
10 | Sec. 9.2. Officer professional conduct database; | ||||||
11 | transparency. | ||||||
12 | (a) All law enforcement agencies and the Illinois State | ||||||
13 | Police shall notify the Board of any final determination of a | ||||||
14 | willful violation of department, agency, or the Illinois State | ||||||
15 | Police policy, official misconduct, or violation of law within | ||||||
16 | 10 days after all appeals are exhausted after a final decision | ||||||
17 | is made when: | ||||||
18 | (1) the determination leads to a suspension of at | ||||||
19 | least 10 days; | ||||||
20 | (2) (blank); any infraction that would trigger an | ||||||
21 | official or formal investigation under a law enforcement | ||||||
22 | agency or the Illinois State Police policy; | ||||||
23 | (3) there is an allegation of misconduct or regarding | ||||||
24 | truthfulness as to a material fact, bias, or integrity; or | ||||||
25 | (4) the officer resigns or retires during the course |
| |||||||
| |||||||
1 | of a formal an investigation , as that term is defined | ||||||
2 | under Section 2 of the Uniform Peace Officers' | ||||||
3 | Disciplinary Act, and the officer has been served notice | ||||||
4 | that the officer is under a formal investigation. | ||||||
5 | Agencies and the Illinois State Police may report to the | ||||||
6 | Board any conduct they deem appropriate to disseminate to | ||||||
7 | another law enforcement agency regarding a law enforcement | ||||||
8 | officer. | ||||||
9 | The agency or the Illinois State Police shall report to | ||||||
10 | the Board within 10 days of a final determination and final | ||||||
11 | exhaustion of any administrative appeal, or the law | ||||||
12 | enforcement officer's resignation or retirement, and shall | ||||||
13 | provide information regarding the nature of the violation. | ||||||
14 | This notification shall not necessarily trigger certification | ||||||
15 | review. | ||||||
16 | A law enforcement agency and the Illinois State Police | ||||||
17 | shall be immune from liability for a disclosure made as | ||||||
18 | described in this subsection, unless the disclosure would | ||||||
19 | constitute intentional misrepresentation or gross negligence. | ||||||
20 | (b) Within 14 days after receiving notification from a law | ||||||
21 | enforcement agency or the Illinois State Police, the Board | ||||||
22 | must notify the law enforcement officer of the report and the | ||||||
23 | officer's right to provide a statement regarding the reported | ||||||
24 | violation. The law enforcement officer shall have 14 days from | ||||||
25 | receiving notice to provide a written objection contesting | ||||||
26 | information included in the agency's report. The objection |
| |||||||
| |||||||
1 | must be filed with the Board on a form prescribed by the Board | ||||||
2 | and a copy must be served on the law enforcement agency. The | ||||||
3 | objection shall remain in the database with the reported | ||||||
4 | violation. | ||||||
5 | (c) The Board shall maintain a database readily available | ||||||
6 | to any chief administrative officer, or the officer's | ||||||
7 | designee, of a law enforcement agency and the Illinois State | ||||||
8 | Police that shall show for each law enforcement officer: (i) | ||||||
9 | dates of certification, decertification, and inactive status; | ||||||
10 | (ii) each sustained instance of departmental misconduct that | ||||||
11 | lead to a suspension at least 10 days or any infraction that | ||||||
12 | would trigger an official or formal investigation under the | ||||||
13 | law enforcement agency policy, any allegation of misconduct | ||||||
14 | regarding truthfulness as to a material fact, bias, or | ||||||
15 | integrity, or any other reported violation, the nature of the | ||||||
16 | violation, the reason for the final decision of discharge or | ||||||
17 | dismissal, and any statement provided by the officer; (iii) | ||||||
18 | date of separation from employment from any local or state law | ||||||
19 | enforcement agency; (iv) the reason for separation from | ||||||
20 | employment, including, but not limited to: whether the | ||||||
21 | separation was based on misconduct or occurred while the law | ||||||
22 | enforcement agency was conducting an investigation of the | ||||||
23 | certified individual for a violation of an employing agency's | ||||||
24 | rules, policy or procedure or other misconduct or improper | ||||||
25 | action. | ||||||
26 | (1) This database shall also be accessible to the |
| |||||||
| |||||||
1 | State's Attorney of any county in this State and the | ||||||
2 | Attorney General for the purpose of complying with | ||||||
3 | obligations under Brady v. Maryland (373 U.S. 83) or | ||||||
4 | Giglio v. United States (405 U.S. 150). This database | ||||||
5 | shall also be accessible to the chief administrative | ||||||
6 | officer of any law enforcement agency for the purposes of | ||||||
7 | hiring law enforcement officers. This database shall not | ||||||
8 | be accessible to anyone not listed in this subsection. | ||||||
9 | (2) Before a law enforcement agency may appoint a law | ||||||
10 | enforcement officer or a person seeking a certification as | ||||||
11 | a law enforcement officer in this State, the chief | ||||||
12 | administrative officer or designee must check the Officer | ||||||
13 | Professional Conduct Database, contact each person's | ||||||
14 | previous law enforcement employers, and document the | ||||||
15 | contact. This documentation must be available for review | ||||||
16 | by the Board for a minimum of five years after the law | ||||||
17 | enforcement officer's termination, retirement, | ||||||
18 | resignation or separation with that agency. | ||||||
19 | (3) The database, documents, materials, or other | ||||||
20 | information in the possession or control of the Board that | ||||||
21 | are obtained by or disclosed to the Board under this | ||||||
22 | subsection shall be confidential by law and privileged, | ||||||
23 | shall not be subject to subpoena, and shall not be subject | ||||||
24 | to discovery or admissible in evidence in any private | ||||||
25 | civil action when sought from the Board. However, the | ||||||
26 | Board is authorized to use such documents, materials, or |
| |||||||
| |||||||
1 | other information in furtherance of any regulatory or | ||||||
2 | legal action brought as part of the Board's official | ||||||
3 | duties. The Board shall not disclose the database or make | ||||||
4 | such documents, materials, or other information it has | ||||||
5 | obtained or that has been disclosed to it to the public. | ||||||
6 | Neither the Board nor any person who received documents, | ||||||
7 | materials or other information shared under this | ||||||
8 | subsection shall be required to testify in any private | ||||||
9 | civil action concerning the database or any confidential | ||||||
10 | documents, materials, or information subject to this | ||||||
11 | subsection. | ||||||
12 | (d) The Board shall maintain a searchable database of law | ||||||
13 | enforcement officers accessible to the public that shall | ||||||
14 | include: (i) the law enforcement officer's employing agency; | ||||||
15 | (ii) the date of the officer's initial certification and the | ||||||
16 | officer's current certification status; and (iii) any | ||||||
17 | sustained complaint of misconduct that resulted in | ||||||
18 | decertification and the date thereof; provided, however, that | ||||||
19 | information shall not be included in the database that would | ||||||
20 | allow the public to ascertain the home address of an officer or | ||||||
21 | another person; provided further, that information regarding | ||||||
22 | an officer's or another person's family member shall not be | ||||||
23 | included in the database. The Board shall make the database | ||||||
24 | publicly available on its website. | ||||||
25 | (e) The Board shall maintain a searchable database of all | ||||||
26 | completed investigations against law enforcement officers |
| |||||||
| |||||||
1 | related to decertification. The database shall identify each | ||||||
2 | law enforcement officer by a confidential and anonymous number | ||||||
3 | and include: (i) the law enforcement officer's employing | ||||||
4 | agency; (ii) the date of the incident referenced in the | ||||||
5 | complaint; (iii) the location of the incident; (iv) the race | ||||||
6 | and ethnicity of each officer involved in the incident; (v) | ||||||
7 | the age, gender, race and ethnicity of each person involved in | ||||||
8 | the incident, if known; (vi) whether a person in the | ||||||
9 | complaint, including a law enforcement officer, was injured, | ||||||
10 | received emergency medical care, was hospitalized or died as a | ||||||
11 | result of the incident; (vii) the law enforcement agency or | ||||||
12 | other entity assigned to conduct an investigation of the | ||||||
13 | incident; (viii) when the investigation was completed; (ix) | ||||||
14 | whether the complaint was sustained or not sustained or the | ||||||
15 | officer was | ||||||
exonerated ; and (x) the type of misconduct | |||||||
16 | investigated; provided, however, that the Board shall redact | ||||||
17 | or withhold such information as necessary to prevent the | ||||||
18 | disclosure of the identity of an officer. The Board shall make | ||||||
19 | the database publicly available on its website. | ||||||
20 | (e-1) An investigation is complete when the investigation | ||||||
21 | has either been terminated or the decertification action, | ||||||
22 | including the administrative review process, has been | ||||||
23 | completed, whichever is later. | ||||||
24 | (e-2) At any time, a law enforcement officer shall have | ||||||
25 | access to the law enforcement officer's own records on file | ||||||
26 | with the Board, as it pertains to the databases in this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (f) Annual report. The Board shall submit an annual report | ||||||
3 | to the Governor, Attorney General, President and Minority | ||||||
4 | Leader of the Senate, and the Speaker and Minority Leader of | ||||||
5 | the House of Representatives on or before March 1, 2023, and | ||||||
6 | every year thereafter indicating: | ||||||
7 | (1) the number of complaints received in the preceding | ||||||
8 | calendar year, including but not limited to the race, | ||||||
9 | gender, and type of discretionary decertification | ||||||
10 | complaints received; | ||||||
11 | (2) the number of investigations initiated in the | ||||||
12 | preceding calendar year since the date of the last report; | ||||||
13 | (3) the number of investigations concluded in the | ||||||
14 | preceding calendar year; | ||||||
15 | (4) the number of investigations pending as of the | ||||||
16 | last date of the preceding calendar year; | ||||||
17 | (5) the number of hearings held in the preceding | ||||||
18 | calendar year; and | ||||||
19 | (6) the number of officers decertified in the | ||||||
20 | preceding calendar year. | ||||||
21 | The annual report shall be publicly available on the | ||||||
22 | website of the Board. | ||||||
23 | (g) Nothing in this Section shall exempt a law enforcement | ||||||
24 | agency from which the Board has obtained data, documents, | ||||||
25 | materials, or other information or that has disclosed data, | ||||||
26 | documents, materials, or other information to the Board from |
| |||||||
| |||||||
1 | disclosing public records in accordance with the Freedom of | ||||||
2 | Information Act. | ||||||
3 | (h) Notwithstanding any provision of law to the contrary, | ||||||
4 | the changes made to this Section by this amendatory Act of the | ||||||
5 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
6 | 1, 2022. | ||||||
7 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
| ||||||
8 | (50 ILCS 705/10.7) | ||||||
9 | Sec. 10.7. Mandatory training; police chief and deputy | ||||||
10 | police chief. Each police chief and deputy police chief shall | ||||||
11 | obtain at least 20 hours of training each year. These hours | ||||||
12 | shall count towards and satisfy the 40 hours required under | ||||||
13 | Section 7.9. The training must be approved by the Illinois Law | ||||||
14 | Enforcement Training Standards Board and must be related to | ||||||
15 | law enforcement, management or executive development, or | ||||||
16 | ethics. This requirement may be satisfied by attending any | ||||||
17 | training portion of a conference held by an association that | ||||||
18 | represents chiefs of police that has been approved by the | ||||||
19 | Illinois Law Enforcement Training Standards Board. Any police | ||||||
20 | chief and any deputy police chief, upon presentation of a | ||||||
21 | certificate of completion from the person or entity conducting | ||||||
22 | the training, shall be reimbursed by the municipality in | ||||||
23 | accordance with the municipal policy regulating the terms of | ||||||
24 | reimbursement, for the officer's reasonable expenses in | ||||||
25 | obtaining the training required under this Section. No police |
| |||||||
| |||||||
1 | chief or deputy police chief may attend any recognized | ||||||
2 | training offering without the prior approval of the officer's | ||||||
3 | municipal mayor, manager, or immediate supervisor. | ||||||
4 | This Section does not apply to the City of Chicago or the | ||||||
5 | Sheriff's Police Department in Cook County. | ||||||
6 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21 .)
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7 | (50 ILCS 705/10.21) | ||||||
8 | Sec. 10.21. Training; sexual assault and sexual abuse. | ||||||
9 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
10 | shall conduct or approve training programs in trauma-informed | ||||||
11 | responses and investigations of sexual assault and sexual | ||||||
12 | abuse, which include, but is not limited to, the following: | ||||||
13 | (1) recognizing the symptoms of trauma; | ||||||
14 | (2) understanding the role trauma has played in a | ||||||
15 | victim's life; | ||||||
16 | (3) responding to the needs and concerns of a victim; | ||||||
17 | (4) delivering services in a compassionate, sensitive, | ||||||
18 | and nonjudgmental manner; | ||||||
19 | (5) interviewing techniques in accordance with the | ||||||
20 | curriculum standards in subsection (f) of this Section; | ||||||
21 | (6) understanding cultural perceptions and common | ||||||
22 | myths of sexual assault and sexual abuse; | ||||||
23 | (7) report writing techniques in accordance with the | ||||||
24 | curriculum standards in subsection (f) of this Section; | ||||||
25 | and |
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1 | (8) recognizing special sensitivities of victims due | ||||||
2 | to: age, including those under the age of 13; gender; or | ||||||
3 | other qualifications. | ||||||
4 | (b) This training must be presented in all full and | ||||||
5 | part-time basic law enforcement academies on or before July 1, | ||||||
6 | 2018. | ||||||
7 | (c) Agencies employing law enforcement officers must | ||||||
8 | present this training to all law enforcement officers within 3 | ||||||
9 | years after January 1, 2017 (the effective date of Public Act | ||||||
10 | 99-801) and must present in-service training on sexual assault | ||||||
11 | and sexual abuse response and report writing training | ||||||
12 | requirements every 3 years. | ||||||
13 | (d) Agencies employing law enforcement officers who | ||||||
14 | conduct sexual assault and sexual abuse investigations must | ||||||
15 | provide specialized training to these officers on sexual | ||||||
16 | assault and sexual abuse investigations within 2 years after | ||||||
17 | January 1, 2017 (the effective date of Public Act 99-801) and | ||||||
18 | must present in-service training on sexual assault and sexual | ||||||
19 | abuse investigations to these officers every 3 years. | ||||||
20 | (e) Instructors providing this training shall have | ||||||
21 | successfully completed training on evidence-based, | ||||||
22 | trauma-informed, victim-centered response to cases of sexual | ||||||
23 | assault and sexual abuse and have experience responding to | ||||||
24 | sexual assault and sexual abuse cases. | ||||||
25 | (f) The Board shall adopt rules, in consultation with the | ||||||
26 | Office of the Illinois Attorney General and the Illinois State |
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1 | Police, to determine the specific training requirements for | ||||||
2 | these courses, including, but not limited to, the following: | ||||||
3 | (1) evidence-based curriculum standards for report | ||||||
4 | writing and immediate response to sexual assault and | ||||||
5 | sexual abuse, including trauma-informed, victim-centered, | ||||||
6 | age sensitive, interview techniques, which have been | ||||||
7 | demonstrated to minimize retraumatization, for | ||||||
8 | probationary police officers and all law enforcement | ||||||
9 | officers; and | ||||||
10 | (2) evidence-based curriculum standards for | ||||||
11 | trauma-informed, victim-centered, age sensitive | ||||||
12 | investigation and interviewing techniques, which have been | ||||||
13 | demonstrated to minimize retraumatization, for cases of | ||||||
14 | sexual assault and sexual abuse for law enforcement | ||||||
15 | officers who conduct sexual assault and sexual abuse | ||||||
16 | investigations. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21.)
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18 | (50 ILCS 705/7.1 rep.) | ||||||
19 | (50 ILCS 705/10.6 rep.) | ||||||
20 | Section 10. The Illinois Police Training Act is amended by | ||||||
21 | repealing Sections 7.1 and 10.6.
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22 | Section 15. The Counties Code is amended by changing | ||||||
23 | Section 3-6007 as follows:
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1 | (55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007) | ||||||
2 | Sec. 3-6007. Training. Each sheriff shall obtain at least | ||||||
3 | 20 hours of training, approved by the Illinois Law Enforcement | ||||||
4 | Training Standards Board, relating to law enforcement and the | ||||||
5 | operation of a sheriff's office each year. These hours shall | ||||||
6 | count towards and satisfy the 40 hours required under Section | ||||||
7 | 7.9 of the Illinois Police Training Act. Reasonable expenses | ||||||
8 | incurred by the sheriff in obtaining such training shall be | ||||||
9 | reimbursed by the county upon presentation by the sheriff to | ||||||
10 | the county board of a certificate of completion from the | ||||||
11 | person or entity conducting such training. | ||||||
12 | (Source: P.A. 88-586, eff. 8-12-94.)
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