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1 AN ACT concerning local government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Administrative Procedure Act is 
5amended by adding Section 5-45.35 as follows:

6 (5 ILCS 100/5-45.35 new)
7 Sec. 5-45.35. Emergency rulemaking; Illinois Law

8Enforcement Training Standards Board. To provide for the

9expeditious and timely implementation of the changes made in

10Sections 8.1 and 8.2 of the Illinois Police Training Act, 
11emergency
rules implementing the waiver process under Sections 
128.1 and 8.2 of the
Illinois Police Training Act may be adopted 
13in accordance with
Section 5-45 by the Illinois Law 
14Enforcement Training
Standards Board. The adoption of 
15emergency rules authorized by
Section 5-45 and this Section is 
16deemed to be necessary for the
public interest, safety, and 
17welfare.
18 This Section is repealed one year after the effective date 
19of this amendatory Act of the 103rd General Assembly.

20 Section 10. The Illinois Police Training Act is amended by 
21changing Sections 8.1 and 8.2 as follows:



 
 
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1 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)



2 Sec. 8.1. Full-time law enforcement and county corrections 
3officers. 

4 (a) No person shall receive a permanent
appointment as a 
5law enforcement officer or a permanent appointment as a county 
6corrections officer
unless that person has been awarded, 
7within 6 months of the officer's
initial full-time employment, 
8a certificate attesting to the officer's
successful completion 
9of the Minimum Standards Basic Law Enforcement or County

10Correctional Training Course as prescribed by the Board; or 
11has been awarded a
certificate attesting to the officer's 
12satisfactory completion of a training program of
similar 
13content and number of hours and which course has been found 
14acceptable
by the Board under the provisions of this Act; or a 
15training waiver by reason of extensive prior
law enforcement 
16or county corrections experience, obtained in Illinois, in any 
17other state, or with an agency of the federal government, the 
18basic training requirement
is determined by the Board to be 
19illogical and unreasonable. Agencies seeking a reciprocity 
20waiver for training completed outside of Illinois must conduct 
21a thorough background check and provide verification of the 
22officer's prior training. After review and satisfaction of all 
23requested conditions, the officer shall be awarded an 
24equivalency certificate satisfying the requirements of this 
25Section. Within 60 days after the effective date of this 
26amendatory Act of the 103rd General Assembly, the Board shall 
 
 
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1adopt uniform rules providing for a waiver process for a 
2person previously employed and qualified as a law enforcement 
3or county corrections officer under federal law or the laws of 
4any other state, or who has completed a basic law enforcement 
5officer or correctional officer academy who would be qualified 
6to be employed as a law enforcement officer or correctional 
7officer by the federal government or any other state. These 
8rules shall address the process for evaluating prior training 
9credit, a description and list of the courses typically 
10required for reciprocity candidates to complete prior to 
11taking the exam, and a procedure for employers seeking a 
12pre-activation determination for a reciprocity training 
13waiver. The rules shall provide that any eligible person 
14previously trained as a law enforcement or county corrections 
15officer under federal law or the laws of any other state shall 
16successfully complete the following prior to the approval of a 
17waiver:
18  (1) a training program or set of coursework approved 
19 by the Board on the laws of this State relevant to the 
20 duties and training requirements of law enforcement and 
21 county correctional officers;
22  (2) firearms training; and
23  (3) successful passage of the equivalency 
24 certification examination. 

25 If such training is required and not completed within the 
26applicable 6
months, then the officer must forfeit the 
 
 
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1officer's position, or the employing agency
must obtain a 
2waiver from the Board extending the period for
compliance. 
3Such waiver shall be issued only for good and justifiable

4reasons, and in no case shall extend more than 90 days beyond 
5the
initial 6 months. Any hiring agency that fails to train a 
6law enforcement officer within this period shall be prohibited 
7from employing this individual in a law enforcement capacity 
8for one year from the date training was to be completed. If an 
9agency again fails to train the individual a second time, the 
10agency shall be permanently barred from employing this 
11individual in a law enforcement capacity.

12 An individual who is not certified by the Board or whose 
13certified status is inactive shall not function as a law 
14enforcement officer, be assigned the duties of a law 
15enforcement officer by an employing agency, or be authorized 
16to carry firearms under the authority of the employer, except 
17as otherwise authorized to carry a firearm under State or 
18federal law. Sheriffs who are elected as of January 1, 2022 
19(the effective date of Public Act 101-652) this amendatory Act 
20of the 101st General Assembly, are exempt from the requirement 
21of certified status. Failure to be certified in accordance 
22with this Act shall cause the officer to forfeit the officer's 
23position.
24 An employing agency may not grant a person status as a law 
25enforcement officer unless the person has been granted an 
26active law enforcement officer certification by the Board.
 
 
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1 (b) Inactive status. A person who has an inactive law 
2enforcement officer certification has no law enforcement 
3authority.
4  (1) A law enforcement officer's certification becomes 
5 inactive upon termination, resignation, retirement, or 
6 separation from the officer's employing law enforcement 
7 agency for any reason. The Board shall re-activate a 
8 certification upon written application from the law 
9 enforcement officer's law enforcement agency that shows 
10 the law enforcement officer: (i) has accepted a full-time 
11 law enforcement position with that law enforcement agency, 
12 (ii) is not the subject of a decertification proceeding, 
13 and (iii) meets all other criteria for re-activation 
14 required by the Board. The Board may also establish 
15 special training requirements to be completed as a 
16 condition for re-activation.
17  The Board shall review a notice for reactivation from 
18 a law enforcement agency and provide a response within 30 
19 days. The Board may extend this review. A law enforcement 
20 officer shall be allowed to be employed as a full-time law 
21 enforcement officer while the law enforcement officer 
22 reactivation waiver is under review. 
23  A law enforcement officer who is refused reactivation 
24 or an employing agency of a law enforcement officer who is 
25 refused reactivation under this Section may request a 
26 hearing in accordance with the hearing procedures as 
 
 
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1 outlined in subsection (h) of Section 6.3 of this Act.
2  The Board may refuse to re-activate the certification 
3 of a law enforcement officer who was involuntarily 
4 terminated for good cause by an employing agency for 
5 conduct subject to decertification under this Act or 
6 resigned or retired after receiving notice of a law 
7 enforcement agency's investigation.
8  (2) A law enforcement agency may place an officer who 
9 is currently certified on inactive status by sending a 
10 written request to the Board. A law enforcement officer 
11 whose certificate has been placed on inactive status shall 
12 not function as a law enforcement officer until the 
13 officer has completed any requirements for reactivating 
14 the certificate as required by the Board. A request for 
15 inactive status in this subsection shall be in writing, 
16 accompanied by verifying documentation, and shall be 
17 submitted to the Board with a copy to the chief 
18 administrator of the law enforcement officer's current or 
19 new employing agency.
20  (3) Certification that has become inactive under 
21 paragraph (2) of this subsection (b), shall be reactivated 
22 by written notice from the law enforcement officer's 
23 agency upon a showing that the law enforcement officer is: 
24 (i) is employed in a full-time law enforcement position 
25 with the same law enforcement agency, (ii) is not the 
26 subject of a decertification proceeding, and (iii) meets 
 
 
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1 all other criteria for re-activation required by the 
2 Board.
3  (4) Notwithstanding paragraph (3) of this subsection 
4 (b), a law enforcement officer whose certification has 
5 become inactive under paragraph (2) may have the officer's 
6 employing agency submit a request for a waiver of training 
7 requirements to the Board in writing and accompanied by 
8 any verifying documentation.. A grant of a waiver is 
9 within the discretion of the Board. Within 7 days of 
10 receiving a request for a waiver under this Section 
11 section, the Board shall notify the law enforcement 
12 officer and the chief administrator of the law enforcement 
13 officer's employing agency, whether the request has been 
14 granted, denied, or if the Board will take additional time 
15 for information. A law enforcement agency, whose request 
16 for a waiver under this subsection is denied, is entitled 
17 to request a review of the denial by the Board. The law 
18 enforcement agency must request a review within 20 days of 
19 the waiver being denied. The burden of proof shall be on 
20 the law enforcement agency to show why the law enforcement 
21 officer is entitled to a waiver of the legislatively 
22 required training and eligibility requirements. 
23 (c) No provision
of this Section shall be construed to 
24mean that a county corrections
officer employed by a 
25governmental agency at the time of the
effective date of this 
26amendatory Act, either as a probationary
county corrections 
 
 
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1officer or as a permanent county corrections officer, shall

2require certification under the provisions of this Section. No 
3provision of
this Section shall be construed to apply to 
4certification of elected county
sheriffs.

5 (d) Within 14 days, a law enforcement officer shall report 
6to the Board: (1) any name change; (2) any change in 
7employment; or (3) the filing of any criminal indictment or 
8charges against the officer alleging that the officer 
9committed any offense as enumerated in Section 6.1 of this 
10Act.
11 (e) All law enforcement officers must report the 
12completion of the training requirements required in this Act 
13in compliance with Section 8.4 of this Act.
14 (e-1) Each employing law enforcement agency shall allow 
15and provide an opportunity for a law enforcement officer to 
16complete the mandated requirements in this Act. All mandated 
17training shall will be provided for at no cost to the 
18employees. Employees shall be paid for all time spent 
19attending mandated training. 
20 (e-2) Each agency, academy, or training provider shall 
21maintain proof of a law enforcement officer's completion of 
22legislatively required training in a format designated by the 
23Board. The report of training shall be submitted to the Board 
24within 30 days following completion of the training. A copy of 
25the report shall be submitted to the law enforcement officer. 
26Upon receipt of a properly completed report of training, the 
 
 
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1Board will make the appropriate entry into the training 
2records of the law enforcement officer. 
3 (f) This Section does not apply to part-time law 
4enforcement officers or
probationary part-time law enforcement 
5officers.

6 (g) Notwithstanding any provision of law to the contrary, 
7the changes made to this Section by this amendatory Act of the 
8102nd General Assembly, Public Act 101-652, and Public Act 
9102-28, and Public Act 102-694 take effect July 1, 2022. 
10(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; 
11102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)




12 (50 ILCS 705/8.2)



13 Sec. 8.2. Part-time law enforcement officers. 

14 (a) A person hired to serve as a part-time law enforcement

15officer must obtain from the Board a certificate (i) attesting 
16to the officer's successful completion of the part-time police 
17training course; (ii)
attesting to the officer's satisfactory 
18completion of a training program of
similar content and number 
19of hours that has been found acceptable by the
Board under the 
20provisions of this Act; or (iii) a training waiver attesting 
21to the Board's
determination that the part-time police 
22training course is unnecessary because
of the person's 
23extensive prior law enforcement experience obtained in 
24Illinois, in any other state, or with an agency of the federal 
25government.
A person hired on or after the effective date of 
 
 
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1this amendatory Act of the
92nd General Assembly must obtain 
2this certificate within 18 months after the
initial date of 
3hire as a probationary part-time law enforcement officer in 
4the State of
Illinois. The probationary part-time law 
5enforcement officer must be enrolled and
accepted into a 
6Board-approved course within 6 months after active employment

7by any department in the State.
A person hired
on or after 
8January 1, 1996 and before the effective date of this 
9amendatory
Act of the 92nd General Assembly must obtain this 
10certificate within 18
months
after the date of hire. A person 
11hired before
January 1, 1996 must obtain this certificate 
12within 24 months after the
effective date of this amendatory 
13Act of 1995. Agencies seeking a reciprocity waiver for 
14training completed outside of Illinois must conduct a thorough 
15background check and provide verification of the officer's 
16prior training. After review and satisfaction of all requested 
17conditions, the officer shall be awarded an equivalency 
18certificate satisfying the requirements of this Section. 
19Within 60 days after the effective date of this amendatory Act 
20of the 103rd General Assembly, the Board shall adopt uniform 
21rules providing for a waiver process for a person previously 
22employed and qualified as a law enforcement or county 
23corrections officer under federal law or the laws of any other 
24state, or who has completed a basic law enforcement officer or 
25correctional officer academy who would be qualified to be 
26employed as a law enforcement officer or correctional officer 
 
 
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1by the federal government or any other state. These rules 
2shall address the process for evaluating prior training 
3credit, a description and list of the courses typically 
4required for reciprocity candidates to complete prior to 
5taking the exam, and a procedure for employers seeking a 
6pre-activation determination for a reciprocity training 
7waiver. The rules shall provide that any eligible person 
8previously trained as a law enforcement or county corrections 
9officer under federal law or the laws of any other state shall 
10successfully complete the following prior to the approval of a 
11waiver:
12  (1) a training program or set of coursework approved 
13 by the Board on the laws of this State relevant to the 
14 duties and training requirements of law enforcement and 
15 county correctional officers;
16  (2) firearms training; and
17  (3) successful passage of the equivalency 
18 certification examination. 

19 The employing agency may seek an extension waiver from the 
20Board extending the period
for compliance. An extension waiver 
21shall be issued only for good and justifiable
reasons, and the 
22probationary part-time law enforcement officer may not 
23practice as a
part-time law enforcement
officer during the 
24extension waiver period. If training is
required and not 
25completed within the applicable time period, as extended by

26any waiver that may be granted, then the officer must forfeit 
 
 
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1the officer's
position.

2 An individual who is not certified by the Board or whose 
3certified status is inactive shall not function as a law 
4enforcement officer, be assigned the duties of a law 
5enforcement officer by an agency, or be authorized to carry 
6firearms under the authority of the employer, except that 
7sheriffs who are elected are exempt from the requirement of 
8certified status. Failure to be in accordance with this Act 
9shall cause the officer to forfeit the officer's position.
10 (a-5) A part-time probationary law enforcement officer 
11shall be allowed to complete six months of a part-time police 
12training course and function as a law enforcement officer as 
13permitted by this subsection with a waiver from the Board, 
14provided the part-time law enforcement officer is still 
15enrolled in the training course. If the part-time probationary 
16law enforcement officer withdraws from the course for any 
17reason or does not complete the course within the applicable 
18time period, as extended by any waiver that may be granted, 
19then the officer must forfeit the officer's position. A 
20probationary law enforcement officer must function under the 
21following rules: 
22  (1) A law enforcement agency may not grant a person 
23 status as a law enforcement officer unless the person has 
24 been granted an active law enforcement officer 
25 certification by the Board. 
26  (2) A part-time probationary law enforcement officer 
 
 
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1 shall not be used as a permanent replacement for a 
2 full-time law enforcement.
3  (3) A part-time probationary law enforcement officer 
4 shall be directly supervised at all times by a Board 
5 certified law enforcement officer. Direct supervision 
6 requires oversight and control with the supervisor having 
7 final decision-making authority as to the actions of the 
8 recruit during duty hours. 
9 (b) Inactive status. A person who has an inactive law 
10enforcement officer certification has no law enforcement 
11authority.
12  (1) A law enforcement officer's certification becomes 
13 inactive upon termination, resignation, retirement, or 
14 separation from the employing agency for any reason. The 
15 Board shall re-activate a certification upon written 
16 application from the law enforcement officer's employing 
17 agency that shows the law enforcement officer: (i) has 
18 accepted a part-time law enforcement position with that a 
19 law enforcement agency, (ii) is not the subject of a 
20 decertification proceeding, and (iii) meets all other 
21 criteria for re-activation required by the Board.
22  The Board may refuse to re-activate the certification 
23 of a law enforcement officer who was involuntarily 
24 terminated for good cause by the officer's employing 
25 agency for conduct subject to decertification under this 
26 Act or resigned or retired after receiving notice of a law 
 
 
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1 enforcement agency's investigation.
2  (2) A law enforcement agency may place an officer who 
3 is currently certified on inactive status by sending a 
4 written request to the Board. A law enforcement officer 
5 whose certificate has been placed on inactive status shall 
6 not function as a law enforcement officer until the 
7 officer has completed any requirements for reactivating 
8 the certificate as required by the Board. A request for 
9 inactive status in this subsection shall be in writing, 
10 accompanied by verifying documentation, and shall be 
11 submitted to the Board by the law enforcement officer's 
12 employing agency.
13  (3) Certification that has become inactive under 
14 paragraph (2) of this subsection (b), shall be reactivated 
15 by written notice from the law enforcement officer's law 
16 enforcement agency upon a showing that the law enforcement 
17 officer is: (i) employed in a part-time law enforcement 
18 position with the same law enforcement agency, (ii) not 
19 the subject of a decertification proceeding, and (iii) 
20 meets all other criteria for re-activation required by the 
21 Board. The Board may also establish special training 
22 requirements to be completed as a condition for 
23 re-activation. 
24  The Board shall review a notice for reactivation from 
25 a law enforcement agency and provide a response within 30 
26 days. The Board may extend this review. A law enforcement 
 
 
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1 officer shall be allowed to be employed as a part-time law 
2 enforcement officer while the law enforcement officer 
3 reactivation waiver is under review. 
4  A law enforcement officer who is refused reactivation 
5 or an employing agency of a law enforcement officer who is 
6 refused reactivation under this Section may request a 
7 hearing in accordance with the hearing procedures as 
8 outlined in subsection (h) of Section 6.3 of this Act.
9  (4) Notwithstanding paragraph (3) of this Section, a 
10 law enforcement officer whose certification has become 
11 inactive under paragraph (2) may have the officer's 
12 employing agency submit a request for a waiver of training 
13 requirements to the Board in writing and accompanied by 
14 any verifying documentation. A grant of a waiver is within 
15 the discretion of the Board. Within 7 days of receiving a 
16 request for a waiver under this section, the Board shall 
17 notify the law enforcement officer and the chief 
18 administrator of the law enforcement officer's employing 
19 agency, whether the request has been granted, denied, or 
20 if the Board will take additional time for information. A 
21 law enforcement agency or law enforcement officer, whose 
22 request for a waiver under this subsection is denied, is 
23 entitled to request a review of the denial by the Board. 
24 The law enforcement agency must request a review within 20 
25 days after the waiver being denied. The burden of proof 
26 shall be on the law enforcement agency to show why the law 
 
 
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1 enforcement officer is entitled to a waiver of the 
2 legislatively required training and eligibility 
3 requirements. 

4 (c) The part-time police training course referred to in 
5this Section
shall be of similar content and the same number of 
6hours as the courses for
full-time officers and
shall be 
7provided by
Mobile Team In-Service Training Units under the 
8Intergovernmental Law
Enforcement Officer's In-Service 
9Training Act or by another approved program
or facility in a 
10manner prescribed by the
Board.

11 (d) Within 14 days, a law enforcement officer shall report 
12to the Board: (1) any name change; (2) any change in 
13employment; or (3) the filing of any criminal indictment or 
14charges against the officer alleging that the officer 
15committed any offense as enumerated in Section 6.1 of this 
16Act.
17 (e) All law enforcement officers must report the 
18completion of the training requirements required in this Act 
19in compliance with Section 8.4 of this Act.
20 (e-1) Each employing agency shall allow and provide an 
21opportunity for a law enforcement officer to complete the 
22requirements in this Act. All mandated training shall be 
23provided for at no cost to the employees. Employees shall be 
24paid for all time spent attending mandated training. 
25 (e-2) Each agency, academy, or training provider shall 
26maintain proof of a law enforcement officer's completion of 
 
 
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1legislatively required training in a format designated by the 
2Board. The report of training shall be submitted to the Board 
3within 30 days following completion of the training. A copy of 
4the report shall be submitted to the law enforcement officer. 
5Upon receipt of a properly completed report of training, the 
6Board will make the appropriate entry into the training 
7records of the law enforcement officer. 
8 (f) For the purposes of this Section, the Board shall 
9adopt rules defining
what constitutes employment on a 
10part-time basis.

11 (g) Notwithstanding any provision of law to the contrary, 
12the changes made to this Section by this amendatory Act of the 
13102nd General Assembly and Public Act 101-652 take effect July 
141, 2022. 
15(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)