Bill Text: IL HB5841 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois Police Training Act is applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers one year after the effective date of the amendatory Act. Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified beginning one year after the effective date of the amendatory Act. Amends the Illinois Municipal Code. Provides that the chief of police in municipalities with a population of 1,000,000 or more shall be elected beginning with the 2021 consolidated election and shall be known as the Superintendent of Police. Provides for the eligibility, bond, oath, recall, impeachment, and training required of the Superintendent of Police. Limits home rule powers. Requires, after the initial election of the Superintendent of Police, all police officers to give bond in the amount of $100,000. Repeals the provisions, except the bond and recall provisions, on January 1, 2031. Amends the Counties Code and Illinois Municipal Code requiring municipalities with police departments and counties to create an elected community accountability board that acts as the civilian accountability entity to the sheriff's department and police departments. Allows municipalities or counties under 10,000 to enter into an intergovernmental agreement to form a joint community accountability board. Limits home rule powers. Amends the Election Code making a conforming change. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that specified provisions are effective one year after the amendatory Act becomes law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5841 Detail]

Download: Illinois-2019-HB5841-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5841 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois Police Training Act is applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers one year after the effective date of the amendatory Act. Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified beginning one year after the effective date of the amendatory Act. Amends the Illinois Municipal Code. Provides that the chief of police in municipalities with a population of 1,000,000 or more shall be elected beginning with the 2021 consolidated election and shall be known as the Superintendent of Police. Provides for the eligibility, bond, oath, recall, impeachment, and training required of the Superintendent of Police. Limits home rule powers. Requires, after the initial election of the Superintendent of Police, all police officers to give bond in the amount of $100,000. Repeals the provisions, except the bond and recall provisions, on January 1, 2031. Amends the Counties Code and Illinois Municipal Code requiring municipalities with police departments and counties to create an elected community accountability board that acts as the civilian accountability entity to the sheriff's department and police departments. Allows municipalities or counties under 10,000 to enter into an intergovernmental agreement to form a joint community accountability board. Limits home rule powers. Amends the Election Code making a conforming change. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that specified provisions are effective one year after the amendatory Act becomes law.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning police.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Law Enforcement Criminal Sexual Assault
Investigation Act is amended by changing Section 10 as follows:
(5 ILCS 815/10)
Sec. 10. Investigation of officer-involved criminal
assault; requirements.
(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved criminal
sexual assault that involves a law enforcement officer employed
by that law enforcement agency.
(b) Each officer-involved criminal sexual assault
investigation shall be conducted by at least 2 investigators or
an entity comprised of at least 2 investigators, one of whom
shall be the lead investigator. The investigators shall have
completed a specialized sexual assault and sexual abuse
investigation training program approved by the Illinois Law
Enforcement Training Standards Board or similar training
approved by the Department of State Police. No investigator
involved in the investigation may be employed by the law
enforcement agency that employs the officer involved in the
officer-involved criminal sexual assault, unless the

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investigator is employed by the Department of State Police or a
municipality with a population over 1,000,000 and is not
assigned to the same division or unit as the officer involved
in the criminal sexual assault.
(c) Upon receipt of an allegation or complaint of an
officer-involved criminal sexual assault, a municipality with
a population over 1,000,000 shall promptly notify an
independent agency, created by ordinance of the municipality,
tasked with investigating incidents of police misconduct.
(Source: P.A. 100-515, eff. 1-1-18.)
Section 10. The Election Code is amended by changing
Section 2A-1.2 as follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated schedule of elections - offices
designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;

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(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies and
newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Water Reclamation
Sanitary District of Greater Chicago, and elected Trustee
of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an annual
election and permits or requires election of candidates of
political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where pursuant
to law nomination of candidates of political parties is
made by caucus.

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(2) in the appropriate even-numbered years the
political party offices of State central committeeperson,
township committeeperson, ward committeeperson, and
precinct committeeperson shall be filled and delegates and
alternate delegates to the National nominating conventions
shall be elected as may be required pursuant to this Code.
In the even-numbered years in which a Presidential election
is to be held, candidates in the Presidential preference
primary shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois Municipal
Code or pursuant to the municipal charter, the offices of
such municipal officers shall be filled at an election held
on the date of the general primary election, provided that
the municipal election shall be a nonpartisan election
where required by the Illinois Municipal Code. For partisan
municipal elections in even-numbered years, a primary to
nominate candidates for municipal office to be elected at
the general primary election shall be held on the Tuesday 6
weeks preceding that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire in
the year in which the general primary is held shall be

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elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderman or other
municipal office are not permitted by law to be candidates
of political parties, the runoff election where required by
law, or the nonpartisan election where required by law,
shall be held on the date of the consolidated election; and
provided further, in the case of municipal officers
provided for by an ordinance providing the form of
government of the municipality pursuant to Section 7 of
Article VII of the Constitution, such offices shall be
filled by election or by runoff election as may be provided
by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;
(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township

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Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chair of the Chain O Lakes - Fox
River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve District
Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members of
boards of school inspectors, except school boards in school
districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.

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(18) County and municipal community accountability
board members.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and aldermen
shall be elected in municipalities in which candidates for
mayor, clerk, treasurer, or alderman are not permitted by law
to be candidates of political parties, subject to runoff
elections to be held at the consolidated election as may be
required by law, and municipal officers shall be nominated in a
nonpartisan election in municipalities in which pursuant to law
candidates for such office are not permitted to be candidates
of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public

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questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law or
by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers are
to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)
Section 15. The Department of State Police Law of the Civil

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Administrative Code of Illinois is amended by changing Sections
2605-5, 2605-54, 2605-85, 2605-90, 2605-96, 2605-97, and
2605-98, and 2605-375 and by adding Section 2605-53.5 as
follows:
(20 ILCS 2605/2605-5)
Sec. 2605-5. Definitions. In this Law:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Missing endangered senior" means an individual 65 years of
age or older or a person with Alzheimer's disease or related
dementias who is reported missing to a law enforcement agency
and is, or is believed to be:
(1) a temporary or permanent resident of Illinois;
(2) at a location that cannot be determined by an
individual familiar with the missing individual; and
(3) incapable of returning to the individual's
residence without assistance.
(Source: P.A. 96-442, eff. 1-1-10.)
(20 ILCS 2605/2605-53.5 new)
Sec. 2605-53.5. Applicability of the Illinois Police
Training Act. The provisions of the Illinois Police Training
Act are applicable to the training, certification, licensing,

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decertification, and revocation of licenses of State Police
officers.
(20 ILCS 2605/2605-54)
Sec. 2605-54. Training policy; persons arrested while
under the influence of alcohol or drugs. The Board Department
shall adopt a policy and provide training to State Police
officers concerning response and care for persons under the
influence of alcohol or drugs. The policy shall be consistent
with the Substance Use Disorder Act and shall provide guidance
for the arrest of persons under the influence of alcohol or
drugs, proper medical attention if warranted, and care and
release of those persons from custody. The policy shall provide
guidance concerning the release of persons arrested under the
influence of alcohol or drugs who are under the age of 21 years
of age which shall include, but not be limited to, language
requiring the arresting officer to make a reasonable attempt to
contact a responsible adult who is willing to take custody of
the person who is under the influence of alcohol or drugs.
(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)
(20 ILCS 2605/2605-85)
Sec. 2605-85. Training; cultural diversity. The Board
Department shall provide training and continuing education to
State Police officers concerning cultural diversity, including
sensitivity toward racial and ethnic differences. This

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training and continuing education shall include, but not be
limited to, an emphasis on the fact that the primary purpose of
enforcement of the Illinois Vehicle Code is safety and equal
and uniform enforcement under the law.
(Source: P.A. 93-209, eff. 7-18-03.)
(20 ILCS 2605/2605-90)
Sec. 2605-90. Training; death and homicide investigations.
The Board Department shall provide training in death and
homicide investigation for State police officers. Only State
police officers who successfully complete the training may be
assigned as lead investigators in death and homicide
investigations. Satisfactory completion of the training shall
be evidenced by a certificate issued to the officer by the
Department.
The Board Director shall develop a process for waiver
applications for those officers whose prior training and
experience as homicide investigators may qualify them for a
waiver. The Board Director may issue a waiver at his or her
discretion, based solely on the prior training and experience
of an officer as a homicide investigator.
(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.)
(20 ILCS 2605/2605-96)
Sec. 2605-96. Training; Post-Traumatic Stress Disorder
(PTSD). The Board Department shall conduct or approve a

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training program in Post-Traumatic Stress Disorder (PTSD) for
State police officers. The purpose of that training shall be to
equip State police officers to identify the symptoms of PTSD
and to respond appropriately to individuals exhibiting those
symptoms.
(Source: P.A. 97-1040, eff. 1-1-13.)
(20 ILCS 2605/2605-97)
Sec. 2605-97. Training; opioid antagonists. The Board
Department shall conduct or approve a training program for
State police officers in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e) of
Section 5-23 of the Substance Use Disorder Act that is in
accordance with that Section. As used in this Section 2605-97,
the term "State police officers" includes full-time or
part-time State troopers, police officers, investigators, or
any other employee of the Department exercising the powers of a
peace officer.
(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
(20 ILCS 2605/2605-98)
Sec. 2605-98. Training; sexual assault and sexual abuse.
(a) The Board Department of State Police shall conduct or
approve training programs in trauma-informed responses and
investigations of sexual assault and sexual abuse, which
include, but is not limited to, the following:

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(1) recognizing the symptoms of trauma;
(2) understanding the role trauma has played in a
victim's life;
(3) responding to the needs and concerns of a victim;
(4) delivering services in a compassionate, sensitive,
and nonjudgmental manner;
(5) interviewing techniques in accordance with the
curriculum standards in subsection (f) of this Section;
(6) understanding cultural perceptions and common
myths of sexual assault and sexual abuse; and
(7) report writing techniques in accordance with the
curriculum standards in subsection (f) of this Section.
(b) This training must be presented in all full and
part-time basic law enforcement academies on or before July 1,
2018.
(c) The Board Department must present this training to all
State police officers within 3 years after the effective date
of this amendatory Act of the 99th General Assembly and must
present in-service training on sexual assault and sexual abuse
response and report writing training requirements every 3
years.
(d) The Board Department must provide to all State police
officers who conduct sexual assault and sexual abuse
investigations, specialized training on sexual assault and
sexual abuse investigations within 2 years after the effective
date of this amendatory Act of the 99th General Assembly and

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must present in-service training on sexual assault and sexual
abuse investigations to these officers every 3 years.
(e) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered responses to cases of sexual
assault and sexual abuse and have experience responding to
sexual assault and sexual abuse cases.
(f) The Board Department shall adopt rules, in consultation
with the Office of the Illinois Attorney General and the
Illinois Law Enforcement Training Standards Board, to
determine the specific training requirements for these
courses, including, but not limited to, the following:
(1) evidence-based curriculum standards for report
writing and immediate response to sexual assault and sexual
abuse, including trauma-informed, victim-centered
interview techniques, which have been demonstrated to
minimize retraumatization, for all State police officers;
and
(2) evidence-based curriculum standards for
trauma-informed, victim-centered investigation and
interviewing techniques, which have been demonstrated to
minimize retraumatization, for cases of sexual assault and
sexual abuse for all State Police officers who conduct
sexual assault and sexual abuse investigations.
(Source: P.A. 99-801, eff. 1-1-17.)

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(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
Sec. 2605-375. Missing persons; Law Enforcement Agencies
Data System (LEADS).
(a) To establish and maintain a statewide Law Enforcement
Agencies Data System (LEADS) for the purpose of providing
electronic access by authorized entities to criminal justice
data repositories and effecting an immediate law enforcement
response to reports of missing persons, including lost, missing
or runaway minors, lost or missing individuals with
developmental or intellectual disabilities, and missing
endangered seniors. The Department shall implement an
automatic data exchange system to compile, to maintain, and to
make available to other law enforcement agencies for immediate
dissemination data that can assist appropriate agencies in
recovering missing persons and provide access by authorized
entities to various data repositories available through LEADS
for criminal justice and related purposes. To assist the
Department in this effort, funds may be appropriated from the
LEADS Maintenance Fund. Funds may be appropriated from the
LEADS Maintenance Fund to the Department to finance any of its
lawful purposes or functions in relation to defraying the
expenses associated with establishing, maintaining, and
supporting the issuance of electronic citations.
(b) In exercising its duties under this Section, the
Department shall provide a uniform reporting format (LEADS) for
the entry of pertinent information regarding the report of a

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missing person into LEADS. The report must include all of the
following:
(1) Relevant information obtained from the
notification concerning the missing person, including all
of the following:
(A) a physical description of the missing person;
(B) the date, time, and place that the missing
person was last seen; and
(C) the missing person's address.
(2) Information gathered by a preliminary
investigation, if one was made.
(3) A statement by the law enforcement officer in
charge stating the officer's assessment of the case based
on the evidence and information received.
(b-5) The Department of State Police shall:
(1) Develop and implement a policy whereby a statewide
or regional alert would be used in situations relating to
the disappearances of individuals, based on criteria and in
a format established by the Department. Such a format shall
include, but not be limited to, the age of the missing
person and the suspected circumstance of the
disappearance.
(2) Notify all law enforcement agencies that reports of
missing persons shall be entered as soon as the minimum
level of data specified by the Department is available to
the reporting agency and that no waiting period for the

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entry of the data exists.
(3) Compile and retain information regarding lost,
abducted, missing, or runaway minors in a separate data
file, in a manner that allows that information to be used
by law enforcement and other agencies deemed appropriate by
the Director, for investigative purposes. The information
shall include the disposition of all reported lost,
abducted, missing, or runaway minor cases.
(4) Compile and maintain an historic data repository
relating to lost, abducted, missing, or runaway minors and
other missing persons, including, but not limited to, lost
or missing individuals with developmental or intellectual
disabilities and missing endangered seniors, in order to
develop and improve techniques utilized by law enforcement
agencies when responding to reports of missing persons.
(5) Create a quality control program regarding
confirmation of missing person data, timeliness of entries
of missing person reports into LEADS, and performance
audits of all entering agencies.
(c) The Illinois Law Enforcement Training Standards Board
shall conduct a training program for law enforcement personnel
of State and local governmental agencies in the Missing Persons
Identification Act.
(d) The Department of State Police shall perform the duties
prescribed in the Missing Persons Identification Act, subject
to appropriation.

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(Source: P.A. 100-662, eff. 1-1-19.)
Section 20. The State Police Act is amended by changing
Sections 8, 40, and 45 as follows:
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Except as otherwise provided in the Illinois Police
Training Act, the The Board shall exercise jurisdiction over
the certification for appointment and promotion, and over the
discipline, removal, demotion and suspension of Department of
State Police officers. Pursuant to recognized merit principles
of public employment, the Board shall formulate, adopt, and put
into effect rules, regulations and procedures for its operation
and the transaction of its business. The Board shall establish
a classification of ranks of persons subject to its
jurisdiction and shall set standards and qualifications for
each rank. Each Department of State Police officer appointed by
the Director shall be classified as a State Police officer as
follows: trooper, sergeant, master sergeant, lieutenant,
captain, major, or Special Agent. In case of a conflict between
this Act and the Illinois Police Training Act, the provisions
of the Illinois Police Training Act shall prevail.
(Source: P.A. 100-49, eff. 1-1-18.)
(20 ILCS 2610/40)
Sec. 40. Training; administration of epinephrine.

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(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of the Department.
(c) The Illinois Law Enforcement Training Standards Board
Department may conduct or approve a training program for State
Police officers to recognize and respond to anaphylaxis,
including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Illinois Law Enforcement Training Standards Board
Department.
(d) The Department may authorize a State Police officer who
has completed the training program under subsection (c) to

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carry, administer, or assist with the administration of
epinephrine auto-injectors whenever he or she is performing
official duties.
(e) The Department must establish a written policy to
control the acquisition, storage, transportation,
administration, and disposal of epinephrine auto-injectors
before it allows any State Police officer to carry and
administer epinephrine auto-injectors.
(f) A physician, physician physician's assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary.
(g) When a State Police officer administers an epinephrine
auto-injector in good faith, the officer and the Department,
and its employees and agents, including a physician, physician
physician's assistant with prescriptive authority, or advanced
practice registered nurse with prescriptive authority who
provides a standing order or prescription for an epinephrine
auto-injector, incur no civil or professional liability,
except for willful and wanton conduct, as a result of any
injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
100-648, eff. 7-31-18; revised 1-14-20.)

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(20 ILCS 2610/45)
Sec. 45. Compliance with the Health Care Violence
Prevention Act; training. The Department shall comply with the
Health Care Violence Prevention Act. The Illinois Law
Enforcement Training Standards Board and shall provide an
appropriate level of training for its officers concerning the
Health Care Violence Prevention Act.
(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
Section 25. The Illinois Police Training Act is amended by
changing Sections 2, 6, 6.1, 8.1, and 8.2 and adding Section
6.3 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"Police training school" means any school located within
the State of Illinois whether privately or publicly owned which

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offers a course in police or county corrections training and
has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training school
to be eligible for permanent full-time employment as a local
law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent police officer" means a law enforcement officer
who has completed his or her probationary period and is
permanently employed on a full-time basis as a local law
enforcement officer by a participating local governmental unit
or as a security officer or campus policeman permanently
employed by a participating State-controlled university,
college, or public community college.
"Part-time police officer" means a law enforcement officer
who has completed his or her probationary period and is
employed on a part-time basis as a law enforcement officer by a
participating unit of local government or as a campus policeman
by a participating State-controlled university, college, or
public community college.
"Law enforcement officer" means (i) any police officer of a

HB5841 - 23 - LRB101 22006 AWJ 73023 b
State or local governmental agency who is primarily responsible
for prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is enrolled
in an approved training course.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed his probationary period
and is permanently employed on a full-time basis as a county
corrections officer by a participating local governmental
unit.
"County corrections officer" means any sworn officer of the
sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court

HB5841 - 24 - LRB101 22006 AWJ 73023 b
security officer.
"Permanent court security officer" means a court security
officer who has completed his or her probationary period and is
employed as a court security officer by a participating local
governmental unit.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
(Source: P.A. 94-846, eff. 1-1-07.)
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county

HB5841 - 25 - LRB101 22006 AWJ 73023 b
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate licensure or certification
to those probationary officers who successfully complete
the prescribed minimum standard basic training course.
d. To review and approve annual training curriculum for
county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50, 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
f. To be the licensing authority for all police

HB5841 - 26 - LRB101 22006 AWJ 73023 b
officers employed by the State or a unit of local
government.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.1)
Sec. 6.1. Revocation of license or decertification
Decertification of full-time and part-time police officers.
(a) The Board must review police officer conduct and
records to ensure that no police officer is licensed certified
or provided a valid waiver if that police officer has been
convicted of or pleads guilty to , or entered a plea of guilty
to, a felony offense under the laws of this State or any other
state which if committed in this State would be punishable as a
felony. The Board must also ensure that no police officer is
licensed certified or provided a valid waiver if that police
officer has been convicted of, or entered a plea of guilty to,
on or after the effective date of this amendatory Act of 1999
of any misdemeanor specified in this Section or if committed in
any other state would be an offense similar to Section 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
Criminal Code of 1961 or the Criminal Code of 2012, to
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of 1961 or
the Criminal Code of 2012, or to Section 5 or 5.2 of the

HB5841 - 27 - LRB101 22006 AWJ 73023 b
Cannabis Control Act. The Board must appoint investigators to
enforce the duties conferred upon the Board by this Act.
(b) It is the responsibility of the sheriff or the chief
executive officer of every local law enforcement agency or
department within this State to report to the Board any arrest,
conviction, or plea of guilty of any officer for an offense
identified in this Section.
(c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest, conviction, or plea of
guilty for an offense identified in this Section. Any full-time
or part-time police officer who knowingly makes, submits,
causes to be submitted, or files a false or untruthful report
to the Board must have his or her license certificate or waiver
immediately decertified or revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in this
Section as long as the information is submitted, disclosed, or
released in good faith and without malice. The Board has
qualified immunity for the release of the information.
(e) Whenever a Any full-time or part-time police officer
with a license certificate or waiver issued by the Board who is
convicted ofor pleads guilty to , or entered a plea of guilty
to, any offense described in this Section, his or her license

HB5841 - 28 - LRB101 22006 AWJ 73023 b
or waiver is automatically revoked by operation of law
immediately becomes decertified or no longer has a valid
waiver. The decertification and invalidity of waivers occurs as
a matter of law. Failure of a convicted person to report to the
Board his or her conviction as described in this Section or any
continued law enforcement practice after receiving a
conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and have
all the powers possessed by policemen in cities and by
sheriff's, and these investigators may exercise those powers
anywhere in the State. An investigator shall not have peace
officer status or exercise police powers unless he or she
successfully completes the basic police training course
mandated and approved by the Board or the Board waives the
training requirement by reason of the investigator's prior law
enforcement experience, training, or both. The Board shall not
waive the training requirement unless the investigator has had
a minimum of 5 years experience as a sworn officer of a local,
State, or federal law enforcement agency.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Department of State Police must process,
retain, and additionally provide and disseminate information
to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed

HB5841 - 29 - LRB101 22006 AWJ 73023 b
before, on, or after the effective date of this amendatory Act
of the 91st General Assembly against a basic academy applicant,
law enforcement applicant, or law enforcement officer whose
fingerprint identification cards are on file or maintained by
the Department of State Police. The Federal Bureau of
Investigation must provide the Board any criminal history
record information contained in its files pertaining to law
enforcement officers or any applicant to a Board certified
basic law enforcement academy as described in this Act based on
fingerprint identification. The Board must make payment of fees
to the Department of State Police for each fingerprint card
submission in conformance with the requirements of paragraph 22
of Section 55a of the Civil Administrative Code of Illinois.
(h) A police officer who has been certified, licensed, or
granted a valid waiver shall also be decertified, have his or
her license revoked, or have his or her waiver revoked upon a
determination by the Illinois Labor Relations Board State Panel
that he or she, while under oath, has knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder. If an appeal is filed, the
determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.

HB5841 - 30 - LRB101 22006 AWJ 73023 b
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators created

HB5841 - 31 - LRB101 22006 AWJ 73023 b
for this purpose. This task force shall consist of 8 sworn
police officers: 2 from the Illinois State Police, 2 from the
City of Chicago Police Department, 2 from county police
departments, and 2 from municipal police departments. These
investigators shall have a minimum of 5 years of experience in
conducting criminal investigations. The investigators shall be
appointed by the Executive Director of the Illinois Law
Enforcement Training Standards Board. Any officer or officers
acting in this capacity pursuant to this statutory provision
will have statewide police authority while acting in this
investigative capacity. Their salaries and expenses for the
time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training
Standards Board.
(j) Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the verified
complaint and shall write a report of his or her findings. This
report shall be submitted to the Executive Director of the
Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified

HB5841 - 32 - LRB101 22006 AWJ 73023 b
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this dismissal
may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.
(k) In the case of a finding of guilt on the offense of
murder, if a new trial is granted on direct appeal, or a state
post-conviction evidentiary hearing is ordered, based on a
claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to
an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine

HB5841 - 33 - LRB101 22006 AWJ 73023 b
whether the officer should be decertified or have his or her
license or waiver revoked if an interested party requests such
a hearing within 2 years of the court's decision. The complaint
shall be assigned to an administrative law judge within 30 days
so that a hearing can be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Financial and
Professional Regulation. That office shall prosecute the
verified complaint at the hearing before the administrative law
judge. The Department of Financial and Professional Regulation
shall have the opportunity to produce evidence to support the
verified complaint and to request the Illinois Labor Relations
Board State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to,
court documents and records. The Illinois Labor Relations Board
State Panel shall have the power to issue subpoenas requiring

HB5841 - 34 - LRB101 22006 AWJ 73023 b
the attendance of and testimony of witnesses and the production
of related documents including, but not limited to, court
documents and records and shall have the power to administer
oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the allegations
made by the person filing the verified complaint and, at the
close of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence to
support the verified complaint that the police officer has,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder, the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police officer
has, while under oath, knowingly and willfully made false
statements as to a material fact that goes to an element of the
offense of murder, the administrative law judge shall make a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be transcribed.
The Executive Director of the Illinois Law Enforcement Training
Standards Board shall be informed of the administrative law
judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the

HB5841 - 35 - LRB101 22006 AWJ 73023 b
recommendation.
(l) An officer named in any complaint filed pursuant to
this Act shall be indemnified for his or her reasonable
attorney's fees and costs by his or her employer. These fees
shall be paid in a regular and timely manner. The State, upon
application by the public employer, shall reimburse the public
employer for the accused officer's reasonable attorney's fees
and costs. At no time and under no circumstances will the
accused officer be required to pay his or her own reasonable
attorney's fees or costs.
(m) The accused officer shall not be placed on unpaid
status because of the filing or processing of the verified
complaint until there is a final non-appealable order
sustaining his or her guilt and his or her license or
certification is revoked. Nothing in this Act, however,
restricts the public employer from pursuing discipline against
the officer in the normal course and under procedures then in
place.
(n) The Illinois Labor Relations Board State Panel shall
review the administrative law judge's recommended decision and
order and determine by a majority vote whether or not there was
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as to
a material fact going to the offense of murder. Within 30 days
of service of the administrative law judge's recommended
decision and order, the parties may file exceptions to the

HB5841 - 36 - LRB101 22006 AWJ 73023 b
recommended decision and order and briefs in support of their
exceptions with the Illinois Labor Relations Board State Panel.
The parties may file responses to the exceptions and briefs in
support of the responses no later than 15 days after the
service of the exceptions. If exceptions are filed by any of
the parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold, vacate,
or modify the recommended decision and order. If the Illinois
Labor Relations Board State Panel concludes that there is clear
and convincing evidence that the accused officer, while under
oath, knowingly and willfully made false statements as to a
material fact going to an element of the offense murder, the
Illinois Labor Relations Board State Panel shall inform the
Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke
the accused officer's, license, or waiver certification. If the
accused officer appeals that determination to the Appellate
Court, as provided by this Act, he or she may petition the
Appellate Court to stay the revocation of his or her
certification, license, or waiver pending the court's review of
the matter.
(o) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent in
any of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the Illinois Labor Relations Board State
Panel or the courts.

HB5841 - 37 - LRB101 22006 AWJ 73023 b
(p) A party aggrieved by the final order of the Illinois
Labor Relations Board State Panel may apply for and obtain
judicial review of an order of the Illinois Labor Relations
Board State Panel, in accordance with the provisions of the
Administrative Review Law, except that such judicial review
shall be afforded directly in the Appellate Court for the
district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(q) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder may file a verified complaint pursuant to this Section.
For purposes of this Section, "interested parties" shall be
limited to the defendant and any police officer who has
personal knowledge that the police officer who is the subject
of the complaint has, while under oath, knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder.
(r) Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:

HB5841 - 38 - LRB101 22006 AWJ 73023 b
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified or whose
licenses have been revoked since the date of the last
report.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.3 new)
Sec. 6.3. Conversion of certificates to licenses.
(a) Beginning one year after the effective date of this
amendatory Act of the 101st General Assembly, the Board's
recognition of persons who have successfully completed the
prescribed minimum standard basic training course for police
officers shall be known as licensure rather than certification.
(b) If a person has successfully completed the prescribed
minimum standard basic training course for police officers and
holds a valid certification to that effect one year after the
effective date of this amendatory Act of the 101st General

HB5841 - 39 - LRB101 22006 AWJ 73023 b
Assembly, that certification shall be deemed to be a license
for the purposes of this Act.
(c) If, one year after the effective date of this
amendatory Act of the 101st General Assembly, a person holds a
valid waiver from one of the certification requirements of this
Act for police officers, that waiver shall be deemed a waiver
from the corresponding licensure requirement of this Act.
(d) The Board shall replace the certificates or other
evidences of certification or waiver for police officers in use
one year after the effective date of this amendatory Act of the
101st General Assembly with new credentials reflecting the
change in nomenclature instituted by this amendatory Act of the
101st General Assembly.
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time police and county corrections
officers.
(a) After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer as defined
in this Act, nor shall any person receive, after the effective
date of this amendatory Act of 1984, a permanent appointment as
a county corrections officer, unless that person has been
awarded, within 6 months of his or her initial full-time
employment, a license or certificate attesting to his or her
successful completion of the Minimum Standards Basic Law
Enforcement and County Correctional Training Course as

HB5841 - 40 - LRB101 22006 AWJ 73023 b
prescribed by the Board; or has been awarded a license or
certificate attesting to his or her satisfactory completion of
a training program of similar content and number of hours and
which course has been found acceptable by the Board under the
provisions of this Act; or by reason of extensive prior law
enforcement or county corrections experience the basic
training requirement is determined by the Board to be illogical
and unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit his or her
position, or the employing agency must obtain a waiver from the
Board extending the period for compliance. Such waiver shall be
issued only for good and justifiable reasons, and in no case
shall extend more than 90 days beyond the initial 6 months. Any
hiring agency that fails to train a law enforcement officer
within this period shall be prohibited from employing this
individual in a law enforcement capacity for one year from the
date training was to be completed. If an agency again fails to
train the individual a second time, the agency shall be
permanently barred from employing this individual in a law
enforcement capacity.
(b) No provision of this Section shall be construed to mean
that a law enforcement officer employed by a local governmental
agency at the time of the effective date of this amendatory
Act, either as a probationary police officer or as a permanent
police officer, shall require licensure or certification under

HB5841 - 41 - LRB101 22006 AWJ 73023 b
the provisions of this Section. No provision of this Section
shall be construed to mean that a county corrections officer
employed by a local governmental agency at the time of the
effective date of this amendatory Act of 1984, either as a
probationary county corrections or as a permanent county
corrections officer, shall require licensure or certification
under the provisions of this Section. No provision of this
Section shall be construed to apply to certification of elected
county sheriffs.
(c) This Section does not apply to part-time police
officers or probationary part-time police officers.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time police officers.
(a) A person hired to serve as a part-time police officer
must obtain from the Board a license or certificate (i)
attesting to his or her successful completion of the part-time
police training course; (ii) attesting to his or her
satisfactory completion of a training program of similar
content and number of hours that has been found acceptable by
the Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the part-time police training
course is unnecessary because of the person's extensive prior
law enforcement experience. A person hired on or after the
effective date of this amendatory Act of the 92nd General

HB5841 - 42 - LRB101 22006 AWJ 73023 b
Assembly must obtain this license or certificate within 18
months after the initial date of hire as a probationary
part-time police officer in the State of Illinois. The
probationary part-time police officer must be enrolled and
accepted into a Board-approved course within 6 months after
active employment by any department in the State. A person
hired on or after January 1, 1996 and before the effective date
of this amendatory Act of the 92nd General Assembly must obtain
this license or certificate within 18 months after the date of
hire. A person hired before January 1, 1996 must obtain this
license or certificate within 24 months after the effective
date of this amendatory Act of 1995.
The employing agency may seek a waiver from the Board
extending the period for compliance. A waiver shall be issued
only for good and justifiable reasons, and the probationary
part-time police officer may not practice as a part-time police
officer during the waiver period. If training is required and
not completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit
his or her position.
(b) (Blank).
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service

HB5841 - 43 - LRB101 22006 AWJ 73023 b
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) For the purposes of this Section, the Board shall adopt
rules defining what constitutes employment on a part-time
basis.
(Source: P.A. 92-533, eff. 3-14-02.)
Section 30. The Counties Code is amended by adding Section
3-6041 as follows:
(55 ILCS 5/3-6041 new)
Sec. 3-6041. County community accountability board.
(a) A community accountability board shall be established
by ordinance of the county board no later than 90 days after
the effective date of this amendatory Act of the 101st General
Assembly and the community accountability board shall be
comprised of at least 3 residents of the county elected at a
special election as provided in the Election Code as soon as
possible after the adoption of the ordinance. The ordinance may
require each member to be elected at-large or from different
areas of the county. Members elected at the special election
shall serve until their successor is elected and qualified at
the 2023 consolidated election. Members elected at the 2023
consolidated election and thereafter shall serve 2-year terms.
If a vacancy occurs, the county board shall appoint a
replacement to serve the remainder of the member's term.

HB5841 - 44 - LRB101 22006 AWJ 73023 b
Instead of an individual county community accountability
board, counties of under 10,000 residents may, by
intergovernmental agreement no later than 90 days after the
effective date of this amendatory Act of the 101st General
Assembly, create a joint county community accountability board
with at least one resident member elected from each county in
the agreement. If a vacancy occurs, the county board from the
county in which the member was elected shall appoint a
replacement to serve the remainder of the member's term.
A joint county community accountability board may be
created to replace individual county community accountability
boards of counties of under 10,000 residents or
intergovernmental agreements may be dissolved to create
individual county community accountability boards more than 90
days after the effective date of this amendatory Act of the
101st General Assembly.
A person who is a current or former member of a sheriff's
department, or is a parent, spouse, sibling, or child of a
person who is a current or former member of a sheriff's
department, is not eligible to serve as a member of the board.
(b) The ordinance or intergovernmental agreement shall
outline the powers and duties of each community accountability
board as the civilian accountability entity to the sheriff's
department. The duties may include, but are not limited to:
(1) Conducting its own investigations, including
having its own investigative force as funding permits, into

HB5841 - 45 - LRB101 22006 AWJ 73023 b
sheriff department misconduct and render its own decisions
on disciplining and firing deputies.
(2) Appointing sheriff's office merit commission
members.
(3) Working on community law enforcement initiatives.
(4) Developing restorative justice programs.
(c) Each community accountability board shall hold
meetings at least every other month to discuss its business and
to provide a forum for residents to address concerns about
policing in the municipality.
(d) The county shall provide administrative and other
support to the community accountability board. For joint
community accountability boards, the intergovernmental
agreement shall state which county or counties shall provide
administrative and other support to the community
accountability board.
(e) The provisions of this Section are notwithstanding any
other provision of law.
(f) Except for counties with a community accountability
board on the effective date of this amendatory Act of the 101st
General Assembly, a home rule county may not regulate community
accountability boards in a manner inconsistent with this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.

HB5841 - 46 - LRB101 22006 AWJ 73023 b
Section 35. The Illinois Municipal Code is amended by
adding Sections 3.1-20-7, 3.1-20-8, 3.1-20-9, 11-1-2.2, and
11-1-15 as follows:
(65 ILCS 5/3.1-20-7 new)
Sec. 3.1-20-7. Election of Superintendent of Police.
Notwithstanding any other provision of law, in a municipality
with a population of 1,000,000 or more the chief of police, who
shall be known as the Superintendent of Police, shall be
elected as follows:
(1) The Superintendent of Police shall be elected at
the 2021 consolidated election for a one-year term and,
beginning with the 2022 general election, for a four-year
term. If a vacancy occurs in the office of the
Superintendent of Police, it shall be filled by the mayor
with the advice and consent of the city council. The person
so appointed shall hold office for the unexpired term of
the Superintendent of Police elected.
(2) Every Superintendent of Police shall be
commissioned by the Governor; but no commission shall issue
except upon the certificate of the county clerk of the
proper county, of the due election or appointment of such
Superintendent of Police, and that he or she has filed his
or her bond and taken the oath of office, as hereinafter
provided.

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(3) On or after the effective date of this amendatory
Act of the 101st General Assembly, except as otherwise
provided in this Section, a person is not eligible to be
elected or appointed to the office of Superintendent of
Police, unless that person meets all of the following
requirements:
(A) is a United States citizen; and
(B) has been a resident of the municipality for at
least one year.
(4) The Superintendent of Police shall enter upon the
duties of his or her office on the first day in the month
of December following his or her election on which the
office of the Superintendent of Police is required, by
statute or by action of the corporate authorities of the
municipality, to be open.
(5) Before entering upon the duties of his or her
office, he or she shall give bond, with 2 or more
sufficient sureties (or, if the municipality is
self-insured, the municipality through its self-insurance
program may provide bonding), to be approved by the circuit
court for his or her county, in the penal sum of $100,000,
payable to the people of the State of Illinois, conditioned
that he or she will faithfully discharge all the duties
required, or to be required of him or her by law, as such
Superintendent of Police; which bond shall be filed in the
circuit court, and a copy thereof also filed in the office

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of the county clerk of his or her county. Copies of such
bonds, certified by the county clerk, or of the record
thereof, certified by the clerk of the circuit court, shall
be received as evidence.
(6) He or she shall also, before entering upon the
duties of his or her office, take and subscribe the oath or
affirmation prescribed by Section 3 of Article XIII of the
Constitution, which shall be filed in the office of the
county clerk of his or her county.
(7) If any person elected or appointed to the office of
Superintendent of Police shall fail to give bond or take
the oath required of him or her within 30 days after he or
she is appointed or declared elected, the office shall be
deemed vacant.
(8) Each Superintendent of Police shall obtain at least
20 hours of training, approved by the Illinois Law
Enforcement Training Standards Board, relating to law
enforcement and the operation of a Superintendent of
Police's office each year. Reasonable expenses incurred by
the Superintendent of Police in obtaining such training
shall be reimbursed by the municipality upon presentation
by the Superintendent of Police to the city council of a
certificate of completion from the person or entity
conducting such training.
(9) No municipality with a population of 1,000,000 or
more may employ, contract with, appoint, or elect a

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Superintendent of Police in a manner inconsistent with this
Section. This Section is a limitation under subsection (i)
of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of power and
functions exercised by the State.
(10) A Superintendent of Police elected or appointed
under this Section shall exercise all powers provided by
law for the chief of police for the municipality for which
he or she is elected or appointed.
This Section is repealed on January 1, 2031. On the date of
repeal, the Superintendent of Police then serving shall
complete his or her term and shall be replaced by appointment
of the city council.
(65 ILCS 5/3.1-20-8 new)
Sec. 3.1-20-8. Recall of Superintendent of Police.
(a) The recall of the Superintendent of Police in a
municipality with a population of 1,000,000 or more may be
proposed by a petition signed by a number of electors equal in
number to at least 15% of the total votes cast for
Superintendent of Police in the last election that the
Superintendent of Police was elected, with at least 50
signatures from each ward. A petition shall have been signed by
the petitioning electors not more than 150 days after an
affidavit has been filed with the board of election
commissioners providing notice of intent to circulate a

HB5841 - 50 - LRB101 22006 AWJ 73023 b
petition to recall the Superintendent of Police. The affidavit
may be filed no sooner than 6 months after the beginning of the
Superintendent of Police's term of office or appointment. The
affidavit shall have been signed by the proponent of the recall
petition and at least 2 aldermen.
(b) The form of the petition, circulation, and procedure
for determining the validity and sufficiency of a petition
shall be as provided by law. If the petition is valid and
sufficient, the board of election commissioners shall certify
the petition not more than 100 days after the date the petition
was filed, and the question "Shall (name) be recalled from the
office of Superintendent of Police?" must be submitted to the
electors at a special recall election called by the board of
election commissioners, to occur not more than 100 days after
certification of the petition. A recall petition certified by
the board of election commissioners may not be withdrawn and
another recall petition may not be initiated against the
Superintendent of Police during the remainder of the current
term of office or appointment. Any recall petition or recall
election pending on the date of the next election at which a
candidate for Superintendent of Police is elected is void.
(c) If a petition to recall the Superintendent of Police
has been filed with the board of election commissioners and the
Superintendent of Police is an elected position, a person
eligible to serve as Superintendent of Police may propose his
or her candidacy for the special successor primary election by

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a petition signed by at least 12,500 legal voters of the city,
signed not more than 50 days after a recall petition has been
filed with the board of election commissioners. All such
petitions, and procedure with respect thereto, shall conform in
other respects to the provisions of the election and ballot
laws then in force in the municipality concerning the
nomination of independent candidates for public office by
petition. If the successor election petition is valid and
sufficient, the board of election commissioners shall certify
the petition not more than 100 days after the date the petition
to recall the Superintendent of Police was filed.
If the Superintendent of Police is removed by the special
recall election and the Superintendent of Police is an elected
position, the names of candidates for Superintendent of Police
must be submitted to the electors at a special successor
primary election called by the board of election commissioners
to be held 60 days after the special recall election. If no
candidate receives a majority of the votes in the special
successor primary election, a special runoff election shall be
held no later than 60 days after the special successor primary
election, and only the names of the candidates receiving the
highest and second highest number of votes at the special
successor primary election shall appear on the ballot. If more
than one candidate received the highest or second highest
number of votes at the special successor primary election, the
names of all candidates receiving the highest and second

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highest number of votes shall appear on the ballot at the
special runoff election. The candidate receiving the highest
number of votes at the special runoff election shall be
declared elected.
If the Superintendent of Police is removed by the special
recall election and the Superintendent of Police is appointed,
other than as provided in Section 3.1-20-9, then the city
council shall appoint a new Superintendent of Police.
(d) The Superintendent of Police is immediately removed
upon certification of the special recall election results if a
majority of the electors voting on the question vote to recall
the Superintendent of Police. If the Superintendent of Police
is removed, then the First Deputy Superintendent shall serve as
Interim Superintendent of Police until: (i) the Superintendent
of Police elected at the special successor primary election or
special runoff election is qualified and the candidate who
receives a majority of votes in the special primary election or
the candidate who receives the highest number of votes in the
special runoff election is elected Superintendent of Police for
the balance of the term; or (ii) the Superintendent of Police
is appointed by the city council as provided in subsection (c).
(e) This Section may not be used to recall a Superintendent
of Police serving a one-year term elected at the 2021
consolidated election.
(65 ILCS 5/3.1-20-9 new)

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Sec. 3.1-20-9. Impeachment of Superintendent of Police.
The city council in a municipality with a population of
1,000,000 or more may, by 2/3 of the members then serving on
the city council, impeach the elected Superintendent of Police
for cause by vote of 2/3 of the aldermen then serving. Upon
impeachment, the Superintendent of Police is immediately
removed and the First Deputy Superintendent shall serve as
Interim Superintendent of Police until the mayor appoints a
Superintendent of Police to serve the remainder of the
impeached Superintendent of Police's term.
This Section is repealed on January 1, 2031.
(65 ILCS 5/11-1-2.2 new)
Sec. 11-1-2.2. Police officer bonds.
(a) As used in this Section, "police officer" means any
police officer employed by a municipality, other than the
Superintendent of Police, including, but not limited to, the
following ranks: deputy Superintendents, chiefs, commanders,
directors, coordinators, captains, lieutenants, sergeants, and
police officers
(b) No later than 30 days after the initial election of a
Superintendent of Police under Section 3.1-20-7, or before
entering upon the duties of his or her office if employed after
the initial election of the Superintendent of Police, each
police officer employed by a municipality with a population of
1,000,000 or more shall give bond, with 2 or more sufficient

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sureties (or, if the municipality is self-insured, the
municipality through its self-insurance program may provide
bonding), to be approved by the circuit court for his or her
county, in the penal sum of $100,000, payable to the people of
the State of Illinois, conditioned that he or she will
faithfully discharge all the duties required, or to be required
of him or her by law, as a police officer; which bond shall be
filed in the circuit court, and a copy thereof also filed in
the office of the county clerk of his or her county. Copies of
such bonds, certified by the county clerk, or of the record
thereof, certified by the clerk of the circuit court, shall be
received as evidence.
(c) A municipality with a population of 1,000,000 or more
may not have bond requirements inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of power and functions exercised by
the State.
(d) This Section is not affected by the repeal of Section
3.1-20-7.
(65 ILCS 5/11-1-15 new)
Sec. 11-1-15. Municipal community accountability board.
(a) In municipalities with a police department, a community
accountability board shall be established by ordinance by the
city council no later than 90 days after the effective date of

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this amendatory Act of the 101st General Assembly and the board
shall be comprised of at least 3 residents of the municipality
elected at a special election as provided in the Election Code
as soon as possible after the adoption of the ordinance. The
ordinance may require each member to be elected at-large or
from different districts, wards, or areas of the municipality.
Members elected at the special election shall serve until their
successor is elected and qualified at the 2023 consolidated
election. Members elected at the 2023 consolidated election and
thereafter shall serve 2-year terms. If a vacancy occurs, the
corporate authorities of the municipality shall appoint a
replacement to serve the remainder of the member's term.
Instead of an individual municipal community
accountability board, municipalities of under 10,000 residents
may, by intergovernmental agreement no later than 90-days after
the effective date of this amendatory Act of the 101st General
Assembly, create a joint municipal community accountability
board with at least one resident member elected from each
municipality in the agreement. If a vacancy occurs, the
corporate authorities of the municipality from which the member
was elected shall appoint a replacement to serve the remainder
of the member's term.
A joint municipal community accountability board may be
created to replace individual municipal community
accountability boards of municipalities of under 10,000
residents or intergovernmental agreements may be dissolved to

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create individual municipal community accountability boards
more than 90 days after the effective date of this amendatory
Act of the 101st General Assembly.
A person who is a current or former member of a police
department, or is a parent, spouse, sibling, or child of a
current or former member of a police department, is not
eligible to serve as a member of the board.
(b) The ordinance or intergovernmental agreement shall
outline the powers and duties of each board as the civilian
accountability entity to the police department. The duties may
include, but are not limited to:
(1) Conducting its own investigations, including
having its own investigative force as funding permits, into
police misconduct and render its own decisions on
disciplining and firing officers.
(2) Appointing police board members.
(3) Working on community policing initiatives.
(4) Developing restorative justice programs.
(c) Each board shall hold meetings at least every other
month to discuss its business and to provide a forum for
residents to address concerns about policing in the
municipality.
(d) The municipality shall provide administrative and
other support to the board. For joint community accountability
boards, the intergovernmental agreement shall state which
municipality or municipalities shall provide administrative

HB5841 - 57 - LRB101 22006 AWJ 73023 b
and other support to the board.
(e) The provisions of this Section are notwithstanding any
other provision of law.
(f) Except for municipalities with a community
accountability board on the effective date of this amendatory
Act of the 101st General Assembly, a home rule municipality may
not regulate community accountability boards in a manner
inconsistent with this Section. This Section is a limitation
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the State.
Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
(30 ILCS 805/8.45 new)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Section 3-6041 of
Section 30 and Section 11-1-15 of Section 35 of this amendatory
Act of the 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 5 and 15 and Sections 2, 6,
6.1, 8.1, and 8.2 of Section 25 take effect one year after this
Act becomes law.
HB5841 - 58 - LRB101 22006 AWJ 73023 b
INDEX
Statutes amended in order of appearance
5 ILCS 815/10
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
20 ILCS 2605/2605-5
20 ILCS 2605/2605-53.5 new
20 ILCS 2605/2605-54
20 ILCS 2605/2605-85
20 ILCS 2605/2605-90
20 ILCS 2605/2605-96
20 ILCS 2605/2605-97
20 ILCS 2605/2605-98
20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
20 ILCS 2610/8 from Ch. 121, par. 307.8
20 ILCS 2610/40
20 ILCS 2610/45
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.3 new
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.2
55 ILCS 5/3-6041 new
65 ILCS 5/3.1-20-7 new
65 ILCS 5/3.1-20-8 new
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