|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3370 Introduced 2/7/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
| | | Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change. |
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| | A BILL FOR |
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| | SB3370 | | LRB103 35788 AWJ 65871 b |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Freedom of Information Act is amended by |
5 | | changing Section 7.5 as follows:
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6 | | (5 ILCS 140/7.5) |
7 | | (Text of Section before amendment by P.A. 103-472 ) |
8 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
9 | | by the statutes referenced below, the following shall be |
10 | | exempt from inspection and copying: |
11 | | (a) All information determined to be confidential |
12 | | under Section 4002 of the Technology Advancement and |
13 | | Development Act. |
14 | | (b) Library circulation and order records identifying |
15 | | library users with specific materials under the Library |
16 | | Records Confidentiality Act. |
17 | | (c) Applications, related documents, and medical |
18 | | records received by the Experimental Organ Transplantation |
19 | | Procedures Board and any and all documents or other |
20 | | records prepared by the Experimental Organ Transplantation |
21 | | Procedures Board or its staff relating to applications it |
22 | | has received. |
23 | | (d) Information and records held by the Department of |
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| | SB3370 | - 2 - | LRB103 35788 AWJ 65871 b |
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1 | | Public Health and its authorized representatives relating |
2 | | to known or suspected cases of sexually transmissible |
3 | | disease or any information the disclosure of which is |
4 | | restricted under the Illinois Sexually Transmissible |
5 | | Disease Control Act. |
6 | | (e) Information the disclosure of which is exempted |
7 | | under Section 30 of the Radon Industry Licensing Act. |
8 | | (f) Firm performance evaluations under Section 55 of |
9 | | the Architectural, Engineering, and Land Surveying |
10 | | Qualifications Based Selection Act. |
11 | | (g) Information the disclosure of which is restricted |
12 | | and exempted under Section 50 of the Illinois Prepaid |
13 | | Tuition Act. |
14 | | (h) Information the disclosure of which is exempted |
15 | | under the State Officials and Employees Ethics Act, and |
16 | | records of any lawfully created State or local inspector |
17 | | general's office that would be exempt if created or |
18 | | obtained by an Executive Inspector General's office under |
19 | | that Act. |
20 | | (i) Information contained in a local emergency energy |
21 | | plan submitted to a municipality in accordance with a |
22 | | local emergency energy plan ordinance that is adopted |
23 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
24 | | (j) Information and data concerning the distribution |
25 | | of surcharge moneys collected and remitted by carriers |
26 | | under the Emergency Telephone System Act. |
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| | SB3370 | - 3 - | LRB103 35788 AWJ 65871 b |
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1 | | (k) Law enforcement officer identification information |
2 | | or driver identification information compiled by a law |
3 | | enforcement agency or the Department of Transportation |
4 | | under Section 11-212 of the Illinois Vehicle Code. |
5 | | (l) Records and information provided to a residential |
6 | | health care facility resident sexual assault and death |
7 | | review team or the Executive Council under the Abuse |
8 | | Prevention Review Team Act. |
9 | | (m) Information provided to the predatory lending |
10 | | database created pursuant to Article 3 of the Residential |
11 | | Real Property Disclosure Act, except to the extent |
12 | | authorized under that Article. |
13 | | (n) Defense budgets and petitions for certification of |
14 | | compensation and expenses for court appointed trial |
15 | | counsel as provided under Sections 10 and 15 of the |
16 | | Capital Crimes Litigation Act (repealed) . This subsection |
17 | | (n) shall apply until the conclusion of the trial of the |
18 | | case, even if the prosecution chooses not to pursue the |
19 | | death penalty prior to trial or sentencing. |
20 | | (o) Information that is prohibited from being |
21 | | disclosed under Section 4 of the Illinois Health and |
22 | | Hazardous Substances Registry Act. |
23 | | (p) Security portions of system safety program plans, |
24 | | investigation reports, surveys, schedules, lists, data, or |
25 | | information compiled, collected, or prepared by or for the |
26 | | Department of Transportation under Sections 2705-300 and |
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| | SB3370 | - 4 - | LRB103 35788 AWJ 65871 b |
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1 | | 2705-616 of the Department of Transportation Law of the |
2 | | Civil Administrative Code of Illinois, the Regional |
3 | | Transportation Authority under Section 2.11 of the |
4 | | Regional Transportation Authority Act, or the St. Clair |
5 | | County Transit District under the Bi-State Transit Safety |
6 | | Act (repealed) . |
7 | | (q) Information prohibited from being disclosed by the |
8 | | Personnel Record Review Act. |
9 | | (r) Information prohibited from being disclosed by the |
10 | | Illinois School Student Records Act. |
11 | | (s) Information the disclosure of which is restricted |
12 | | under Section 5-108 of the Public Utilities Act. |
13 | | (t) (Blank). |
14 | | (u) Records and information provided to an independent |
15 | | team of experts under the Developmental Disability and |
16 | | Mental Health Safety Act (also known as Brian's Law). |
17 | | (v) Names and information of people who have applied |
18 | | for or received Firearm Owner's Identification Cards under |
19 | | the Firearm Owners Identification Card Act or applied for |
20 | | or received a concealed carry license under the Firearm |
21 | | Concealed Carry Act, unless otherwise authorized by the |
22 | | Firearm Concealed Carry Act; and databases under the |
23 | | Firearm Concealed Carry Act, records of the Concealed |
24 | | Carry Licensing Review Board under the Firearm Concealed |
25 | | Carry Act, and law enforcement agency objections under the |
26 | | Firearm Concealed Carry Act. |
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| | SB3370 | - 5 - | LRB103 35788 AWJ 65871 b |
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1 | | (v-5) Records of the Firearm Owner's Identification |
2 | | Card Review Board that are exempted from disclosure under |
3 | | Section 10 of the Firearm Owners Identification Card Act. |
4 | | (w) Personally identifiable information which is |
5 | | exempted from disclosure under subsection (g) of Section |
6 | | 19.1 of the Toll Highway Act. |
7 | | (x) Information which is exempted from disclosure |
8 | | under Section 5-1014.3 of the Counties Code or Section |
9 | | 8-11-21 of the Illinois Municipal Code. |
10 | | (y) Confidential information under the Adult |
11 | | Protective Services Act and its predecessor enabling |
12 | | statute, the Elder Abuse and Neglect Act, including |
13 | | information about the identity and administrative finding |
14 | | against any caregiver of a verified and substantiated |
15 | | decision of abuse, neglect, or financial exploitation of |
16 | | an eligible adult maintained in the Registry established |
17 | | under Section 7.5 of the Adult Protective Services Act. |
18 | | (z) Records and information provided to a fatality |
19 | | review team or the Illinois Fatality Review Team Advisory |
20 | | Council under Section 15 of the Adult Protective Services |
21 | | Act. |
22 | | (aa) Information which is exempted from disclosure |
23 | | under Section 2.37 of the Wildlife Code. |
24 | | (bb) Information which is or was prohibited from |
25 | | disclosure by the Juvenile Court Act of 1987. |
26 | | (cc) Recordings made under the Law Enforcement |
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| | SB3370 | - 6 - | LRB103 35788 AWJ 65871 b |
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1 | | Officer-Worn Body Camera Act, except to the extent |
2 | | authorized under that Act. |
3 | | (dd) Information that is prohibited from being |
4 | | disclosed under Section 45 of the Condominium and Common |
5 | | Interest Community Ombudsperson Act. |
6 | | (ee) Information that is exempted from disclosure |
7 | | under Section 30.1 of the Pharmacy Practice Act. |
8 | | (ff) Information that is exempted from disclosure |
9 | | under the Revised Uniform Unclaimed Property Act. |
10 | | (gg) Information that is prohibited from being |
11 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
12 | | Code. |
13 | | (hh) Records that are exempt from disclosure under |
14 | | Section 1A-16.7 of the Election Code. |
15 | | (ii) Information which is exempted from disclosure |
16 | | under Section 2505-800 of the Department of Revenue Law of |
17 | | the Civil Administrative Code of Illinois. |
18 | | (jj) Information and reports that are required to be |
19 | | submitted to the Department of Labor by registering day |
20 | | and temporary labor service agencies but are exempt from |
21 | | disclosure under subsection (a-1) of Section 45 of the Day |
22 | | and Temporary Labor Services Act. |
23 | | (kk) Information prohibited from disclosure under the |
24 | | Seizure and Forfeiture Reporting Act. |
25 | | (ll) Information the disclosure of which is restricted |
26 | | and exempted under Section 5-30.8 of the Illinois Public |
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| | SB3370 | - 7 - | LRB103 35788 AWJ 65871 b |
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1 | | Aid Code. |
2 | | (mm) Records that are exempt from disclosure under |
3 | | Section 4.2 of the Crime Victims Compensation Act. |
4 | | (nn) Information that is exempt from disclosure under |
5 | | Section 70 of the Higher Education Student Assistance Act. |
6 | | (oo) Communications, notes, records, and reports |
7 | | arising out of a peer support counseling session |
8 | | prohibited from disclosure under the First Responders |
9 | | Suicide Prevention Act. |
10 | | (pp) Names and all identifying information relating to |
11 | | an employee of an emergency services provider or law |
12 | | enforcement agency under the First Responders Suicide |
13 | | Prevention Act. |
14 | | (qq) Information and records held by the Department of |
15 | | Public Health and its authorized representatives collected |
16 | | under the Reproductive Health Act. |
17 | | (rr) Information that is exempt from disclosure under |
18 | | the Cannabis Regulation and Tax Act. |
19 | | (ss) Data reported by an employer to the Department of |
20 | | Human Rights pursuant to Section 2-108 of the Illinois |
21 | | Human Rights Act. |
22 | | (tt) Recordings made under the Children's Advocacy |
23 | | Center Act, except to the extent authorized under that |
24 | | Act. |
25 | | (uu) Information that is exempt from disclosure under |
26 | | Section 50 of the Sexual Assault Evidence Submission Act. |
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| | SB3370 | - 8 - | LRB103 35788 AWJ 65871 b |
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1 | | (vv) Information that is exempt from disclosure under |
2 | | subsections (f) and (j) of Section 5-36 of the Illinois |
3 | | Public Aid Code. |
4 | | (ww) Information that is exempt from disclosure under |
5 | | Section 16.8 of the State Treasurer Act. |
6 | | (xx) Information that is exempt from disclosure or |
7 | | information that shall not be made public under the |
8 | | Illinois Insurance Code. |
9 | | (yy) Information prohibited from being disclosed under |
10 | | the Illinois Educational Labor Relations Act. |
11 | | (zz) Information prohibited from being disclosed under |
12 | | the Illinois Public Labor Relations Act. |
13 | | (aaa) Information prohibited from being disclosed |
14 | | under Section 1-167 of the Illinois Pension Code. |
15 | | (bbb) Information that is prohibited from disclosure |
16 | | by the Illinois Police Training Act and the Illinois State |
17 | | Police Act. |
18 | | (ccc) Records exempt from disclosure under Section |
19 | | 2605-304 of the Illinois State Police Law of the Civil |
20 | | Administrative Code of Illinois. |
21 | | (ddd) Information prohibited from being disclosed |
22 | | under Section 35 of the Address Confidentiality for |
23 | | Victims of Domestic Violence, Sexual Assault, Human |
24 | | Trafficking, or Stalking Act. |
25 | | (eee) Information prohibited from being disclosed |
26 | | under subsection (b) of Section 75 of the Domestic |
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| | SB3370 | - 9 - | LRB103 35788 AWJ 65871 b |
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1 | | Violence Fatality Review Act. |
2 | | (fff) Images from cameras under the Expressway Camera |
3 | | Act. This subsection (fff) is inoperative on and after |
4 | | July 1, 2025. |
5 | | (ggg) Information prohibited from disclosure under |
6 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
7 | | Agency Licensing Act. |
8 | | (hhh) Information submitted to the Illinois State |
9 | | Police in an affidavit or application for an assault |
10 | | weapon endorsement, assault weapon attachment endorsement, |
11 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
12 | | endorsement under the Firearm Owners Identification Card |
13 | | Act. |
14 | | (iii) Data exempt from disclosure under Section 50 of |
15 | | the School Safety Drill Act. |
16 | | (jjj) (hhh) Information exempt from disclosure under |
17 | | Section 30 of the Insurance Data Security Law. |
18 | | (kkk) (iii) Confidential business information |
19 | | prohibited from disclosure under Section 45 of the Paint |
20 | | Stewardship Act. |
21 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
22 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
23 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
24 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
25 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
26 | | eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
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| | SB3370 | - 10 - | LRB103 35788 AWJ 65871 b |
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1 | | (Text of Section after amendment by P.A. 103-472 ) |
2 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
3 | | by the statutes referenced below, the following shall be |
4 | | exempt from inspection and copying: |
5 | | (a) All information determined to be confidential |
6 | | under Section 4002 of the Technology Advancement and |
7 | | Development Act. |
8 | | (b) Library circulation and order records identifying |
9 | | library users with specific materials under the Library |
10 | | Records Confidentiality Act. |
11 | | (c) Applications, related documents, and medical |
12 | | records received by the Experimental Organ Transplantation |
13 | | Procedures Board and any and all documents or other |
14 | | records prepared by the Experimental Organ Transplantation |
15 | | Procedures Board or its staff relating to applications it |
16 | | has received. |
17 | | (d) Information and records held by the Department of |
18 | | Public Health and its authorized representatives relating |
19 | | to known or suspected cases of sexually transmissible |
20 | | disease or any information the disclosure of which is |
21 | | restricted under the Illinois Sexually Transmissible |
22 | | Disease Control Act. |
23 | | (e) Information the disclosure of which is exempted |
24 | | under Section 30 of the Radon Industry Licensing Act. |
25 | | (f) Firm performance evaluations under Section 55 of |
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| | SB3370 | - 11 - | LRB103 35788 AWJ 65871 b |
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1 | | the Architectural, Engineering, and Land Surveying |
2 | | Qualifications Based Selection Act. |
3 | | (g) Information the disclosure of which is restricted |
4 | | and exempted under Section 50 of the Illinois Prepaid |
5 | | Tuition Act. |
6 | | (h) Information the disclosure of which is exempted |
7 | | under the State Officials and Employees Ethics Act, and |
8 | | records of any lawfully created State or local inspector |
9 | | general's office that would be exempt if created or |
10 | | obtained by an Executive Inspector General's office under |
11 | | that Act. |
12 | | (i) Information contained in a local emergency energy |
13 | | plan submitted to a municipality in accordance with a |
14 | | local emergency energy plan ordinance that is adopted |
15 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
16 | | (j) Information and data concerning the distribution |
17 | | of surcharge moneys collected and remitted by carriers |
18 | | under the Emergency Telephone System Act. |
19 | | (k) Law enforcement officer identification information |
20 | | or driver identification information compiled by a law |
21 | | enforcement agency or the Department of Transportation |
22 | | under Section 11-212 of the Illinois Vehicle Code. |
23 | | (l) Records and information provided to a residential |
24 | | health care facility resident sexual assault and death |
25 | | review team or the Executive Council under the Abuse |
26 | | Prevention Review Team Act. |
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| | SB3370 | - 12 - | LRB103 35788 AWJ 65871 b |
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1 | | (m) Information provided to the predatory lending |
2 | | database created pursuant to Article 3 of the Residential |
3 | | Real Property Disclosure Act, except to the extent |
4 | | authorized under that Article. |
5 | | (n) Defense budgets and petitions for certification of |
6 | | compensation and expenses for court appointed trial |
7 | | counsel as provided under Sections 10 and 15 of the |
8 | | Capital Crimes Litigation Act (repealed) . This subsection |
9 | | (n) shall apply until the conclusion of the trial of the |
10 | | case, even if the prosecution chooses not to pursue the |
11 | | death penalty prior to trial or sentencing. |
12 | | (o) Information that is prohibited from being |
13 | | disclosed under Section 4 of the Illinois Health and |
14 | | Hazardous Substances Registry Act. |
15 | | (p) Security portions of system safety program plans, |
16 | | investigation reports, surveys, schedules, lists, data, or |
17 | | information compiled, collected, or prepared by or for the |
18 | | Department of Transportation under Sections 2705-300 and |
19 | | 2705-616 of the Department of Transportation Law of the |
20 | | Civil Administrative Code of Illinois, the Regional |
21 | | Transportation Authority under Section 2.11 of the |
22 | | Regional Transportation Authority Act, or the St. Clair |
23 | | County Transit District under the Bi-State Transit Safety |
24 | | Act (repealed) . |
25 | | (q) Information prohibited from being disclosed by the |
26 | | Personnel Record Review Act. |
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| | SB3370 | - 13 - | LRB103 35788 AWJ 65871 b |
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1 | | (r) Information prohibited from being disclosed by the |
2 | | Illinois School Student Records Act. |
3 | | (s) Information the disclosure of which is restricted |
4 | | under Section 5-108 of the Public Utilities Act. |
5 | | (t) (Blank). |
6 | | (u) Records and information provided to an independent |
7 | | team of experts under the Developmental Disability and |
8 | | Mental Health Safety Act (also known as Brian's Law). |
9 | | (v) Names and information of people who have applied |
10 | | for or received Firearm Owner's Identification Cards under |
11 | | the Firearm Owners Identification Card Act or applied for |
12 | | or received a concealed carry license under the Firearm |
13 | | Concealed Carry Act, unless otherwise authorized by the |
14 | | Firearm Concealed Carry Act; and databases under the |
15 | | Firearm Concealed Carry Act, records of the Concealed |
16 | | Carry Licensing Review Board under the Firearm Concealed |
17 | | Carry Act, and law enforcement agency objections under the |
18 | | Firearm Concealed Carry Act. |
19 | | (v-5) Records of the Firearm Owner's Identification |
20 | | Card Review Board that are exempted from disclosure under |
21 | | Section 10 of the Firearm Owners Identification Card Act. |
22 | | (w) Personally identifiable information which is |
23 | | exempted from disclosure under subsection (g) of Section |
24 | | 19.1 of the Toll Highway Act. |
25 | | (x) Information which is exempted from disclosure |
26 | | under Section 5-1014.3 of the Counties Code or Section |
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| | SB3370 | - 14 - | LRB103 35788 AWJ 65871 b |
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1 | | 8-11-21 of the Illinois Municipal Code. |
2 | | (y) Confidential information under the Adult |
3 | | Protective Services Act and its predecessor enabling |
4 | | statute, the Elder Abuse and Neglect Act, including |
5 | | information about the identity and administrative finding |
6 | | against any caregiver of a verified and substantiated |
7 | | decision of abuse, neglect, or financial exploitation of |
8 | | an eligible adult maintained in the Registry established |
9 | | under Section 7.5 of the Adult Protective Services Act. |
10 | | (z) Records and information provided to a fatality |
11 | | review team or the Illinois Fatality Review Team Advisory |
12 | | Council under Section 15 of the Adult Protective Services |
13 | | Act. |
14 | | (aa) Information which is exempted from disclosure |
15 | | under Section 2.37 of the Wildlife Code. |
16 | | (bb) Information which is or was prohibited from |
17 | | disclosure by the Juvenile Court Act of 1987. |
18 | | (cc) Recordings made under the Law Enforcement |
19 | | Officer-Worn Body Camera Act, except to the extent |
20 | | authorized under that Act. |
21 | | (dd) Information that is prohibited from being |
22 | | disclosed under Section 45 of the Condominium and Common |
23 | | Interest Community Ombudsperson Act. |
24 | | (ee) Information that is exempted from disclosure |
25 | | under Section 30.1 of the Pharmacy Practice Act. |
26 | | (ff) Information that is exempted from disclosure |
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| | SB3370 | - 15 - | LRB103 35788 AWJ 65871 b |
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1 | | under the Revised Uniform Unclaimed Property Act. |
2 | | (gg) Information that is prohibited from being |
3 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
4 | | Code. |
5 | | (hh) Records that are exempt from disclosure under |
6 | | Section 1A-16.7 of the Election Code. |
7 | | (ii) Information which is exempted from disclosure |
8 | | under Section 2505-800 of the Department of Revenue Law of |
9 | | the Civil Administrative Code of Illinois. |
10 | | (jj) Information and reports that are required to be |
11 | | submitted to the Department of Labor by registering day |
12 | | and temporary labor service agencies but are exempt from |
13 | | disclosure under subsection (a-1) of Section 45 of the Day |
14 | | and Temporary Labor Services Act. |
15 | | (kk) Information prohibited from disclosure under the |
16 | | Seizure and Forfeiture Reporting Act. |
17 | | (ll) Information the disclosure of which is restricted |
18 | | and exempted under Section 5-30.8 of the Illinois Public |
19 | | Aid Code. |
20 | | (mm) Records that are exempt from disclosure under |
21 | | Section 4.2 of the Crime Victims Compensation Act. |
22 | | (nn) Information that is exempt from disclosure under |
23 | | Section 70 of the Higher Education Student Assistance Act. |
24 | | (oo) Communications, notes, records, and reports |
25 | | arising out of a peer support counseling session |
26 | | prohibited from disclosure under the First Responders |
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| | SB3370 | - 16 - | LRB103 35788 AWJ 65871 b |
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1 | | Suicide Prevention Act. |
2 | | (pp) Names and all identifying information relating to |
3 | | an employee of an emergency services provider or law |
4 | | enforcement agency under the First Responders Suicide |
5 | | Prevention Act. |
6 | | (qq) Information and records held by the Department of |
7 | | Public Health and its authorized representatives collected |
8 | | under the Reproductive Health Act. |
9 | | (rr) Information that is exempt from disclosure under |
10 | | the Cannabis Regulation and Tax Act. |
11 | | (ss) Data reported by an employer to the Department of |
12 | | Human Rights pursuant to Section 2-108 of the Illinois |
13 | | Human Rights Act. |
14 | | (tt) Recordings made under the Children's Advocacy |
15 | | Center Act, except to the extent authorized under that |
16 | | Act. |
17 | | (uu) Information that is exempt from disclosure under |
18 | | Section 50 of the Sexual Assault Evidence Submission Act. |
19 | | (vv) Information that is exempt from disclosure under |
20 | | subsections (f) and (j) of Section 5-36 of the Illinois |
21 | | Public Aid Code. |
22 | | (ww) Information that is exempt from disclosure under |
23 | | Section 16.8 of the State Treasurer Act. |
24 | | (xx) Information that is exempt from disclosure or |
25 | | information that shall not be made public under the |
26 | | Illinois Insurance Code. |
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| | SB3370 | - 17 - | LRB103 35788 AWJ 65871 b |
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1 | | (yy) Information prohibited from being disclosed under |
2 | | the Illinois Educational Labor Relations Act. |
3 | | (zz) Information prohibited from being disclosed under |
4 | | the Illinois Public Labor Relations Act. |
5 | | (aaa) Information prohibited from being disclosed |
6 | | under Section 1-167 of the Illinois Pension Code. |
7 | | (bbb) Information that is prohibited from disclosure |
8 | | by the Illinois Police Training Act and the Illinois State |
9 | | Police Act. |
10 | | (ccc) Records exempt from disclosure under Section |
11 | | 2605-304 of the Illinois State Police Law of the Civil |
12 | | Administrative Code of Illinois. |
13 | | (ddd) Information prohibited from being disclosed |
14 | | under Section 35 of the Address Confidentiality for |
15 | | Victims of Domestic Violence, Sexual Assault, Human |
16 | | Trafficking, or Stalking Act. |
17 | | (eee) Information prohibited from being disclosed |
18 | | under subsection (b) of Section 75 of the Domestic |
19 | | Violence Fatality Review Act. |
20 | | (fff) Images from cameras under the Expressway Camera |
21 | | Act. This subsection (fff) is inoperative on and after |
22 | | July 1, 2025. |
23 | | (ggg) Information prohibited from disclosure under |
24 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
25 | | Agency Licensing Act. |
26 | | (hhh) Information submitted to the Illinois State |
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| | SB3370 | - 18 - | LRB103 35788 AWJ 65871 b |
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|
1 | | Police in an affidavit or application for an assault |
2 | | weapon endorsement, assault weapon attachment endorsement, |
3 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
4 | | endorsement under the Firearm Owners Identification Card |
5 | | Act. |
6 | | (iii) Data exempt from disclosure under Section 50 of |
7 | | the School Safety Drill Act. |
8 | | (jjj) (hhh) Information exempt from disclosure under |
9 | | Section 30 of the Insurance Data Security Law. |
10 | | (kkk) (iii) Confidential business information |
11 | | prohibited from disclosure under Section 45 of the Paint |
12 | | Stewardship Act. |
13 | | (lll) (iii) Data exempt from disclosure under Section |
14 | | 2-3.196 of the School Code. |
15 | | (mmm) Information exempt from disclosure under |
16 | | subsection (g-1) of Section 6.1 of the Illinois Police |
17 | | Training Act. |
18 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
19 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
20 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
21 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
22 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
23 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
24 | | revised 9-5-23.)
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25 | | Section 10. The Illinois State Police Act is amended by |
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1 | | adding Section 12.8 as follows:
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2 | | (20 ILCS 2610/12.8 new) |
3 | | Sec. 12.8. Illinois Law Enforcement Standards Appeal |
4 | | Board. |
5 | | (a) As used in this Section: |
6 | | "Affected party" means a certified officer, an employer of |
7 | | a certified officer who is a sheriff or a chief of police, or a |
8 | | labor representative of a certified officer. |
9 | | "Appeal Board" means the Illinois Law Enforcement |
10 | | Standards Appeal Board. |
11 | | "Training Standards Board" means the Illinois Law |
12 | | Enforcement Training Standards Board. |
13 | | (b) The Illinois Law Enforcement Standards Appeal Board is |
14 | | created in the Illinois State Police. The Appeal Board shall |
15 | | meet its costs and pay all receipts from the balance of the |
16 | | Illinois Law Enforcement Standards Appeal Fund, a special fund |
17 | | that is created in the State treasury, and, subject to |
18 | | appropriation, may be expended by the Appeal Board as |
19 | | necessary in exercising the Appeal Board's powers and duties |
20 | | under this Section. |
21 | | (c) The powers and duties of the Appeal Board are as |
22 | | follows: |
23 | | (1) The Appeal Board shall consider a request for |
24 | | appeal of any decision of the Training Standards Board or |
25 | | the Training Standards Board's staff that is brought to |
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1 | | the Appeal Board by an affected party. |
2 | | (2) An affected party may request an appeal of a |
3 | | decision of the Training Standards Board or its staff that |
4 | | negatively affects the ability to carry out the duties of |
5 | | law enforcement either by an individual or by a group of |
6 | | individuals. The affected party shall make the request in |
7 | | a manner and on forms established by and provided by the |
8 | | Appeal Board. |
9 | | (3) The Appeal Board shall establish and make public a |
10 | | process by which the Appeal Board will determine which |
11 | | appeals will go before the full Appeal Board. |
12 | | (4) The Appeal Board may establish committees or |
13 | | subcommittees. |
14 | | (5) The Appeal Board shall hire an executive director. |
15 | | The executive director is responsible for carrying out the |
16 | | responsibilities of the Appeal Board, including the daily |
17 | | operation of the Appeal Board. The executive director |
18 | | shall have all lawful duties assigned by the Appeal Board, |
19 | | which shall include hiring staff, entering contracts for |
20 | | goods or services, and paying for all costs associated |
21 | | with operation of the Appeal Board. |
22 | | (6) Upon receiving an appeal request and granting an |
23 | | appeal hearing, the Appeal Board may uphold the decision |
24 | | of the Training Standards Board or its staff or it may |
25 | | reverse the decision of the Training Standards Board or |
26 | | its staff in whole or in part. If the Appeal Board reverses |
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1 | | the decision of the Training Standards Board, it shall |
2 | | instruct the Training Standards Board on how to proceed in |
3 | | its underlying actions that precipitated the reversal. |
4 | | A decision of the Appeal Board is binding on the |
5 | | Training Standards Board until the Appeal Board's decision |
6 | | is reversed by a court. An appeal of a decision of the |
7 | | Appeal Board may be brought in either Sangamon County |
8 | | Circuit Court or the Cook County Circuit Court. |
9 | | (d) The Appeal Board members shall be appointed as follows |
10 | | and shall have terms of 4 years. For a member who ceases to |
11 | | meet the minimum qualifications of the member's appointment, |
12 | | the member shall complete the remainder of the member's term. |
13 | | A vacancy shall be filled by an appointment meeting the |
14 | | requirements of the position which is vacant for the remainder |
15 | | of the term. The Appeal Board shall elect its officers from the |
16 | | membership of the Appeal Board, which shall include, at a |
17 | | minimum, a chairperson and a vice-chairperson. The general |
18 | | membership of the Appeal Board includes the following |
19 | | appointed members: |
20 | | (1) one certified officer employed by a Sheriff |
21 | | appointed by the Senate President; |
22 | | (2) one sheriff appointed by the Senate President; |
23 | | (3) one certified police officer employed by a |
24 | | municipality with a population more than 1,000,000 |
25 | | appointed by the House Speaker; |
26 | | (4) one chief of police appointed by the House |
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1 | | Speaker; |
2 | | (5) one chief of police appointed by the Senate |
3 | | Minority Leader; |
4 | | (6) one county corrections officer appointed by the |
5 | | Senate Minority Leader; |
6 | | (7) one certified police officer who is employed by a |
7 | | municipality with a population less than 1,000,000 |
8 | | appointed by the House Minority Leader; |
9 | | (8) one sheriff appointed by the House Minority |
10 | | Leader; |
11 | | (9) one individual appointed by the Attorney General; |
12 | | (10) one State's Attorney appointed by the Governor; |
13 | | and |
14 | | (11) one individual appointed by the Governor who |
15 | | shall serve as the chairman until such time that the Board |
16 | | conducts an election for officers.
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17 | | Section 15. The Illinois Police Training Act is amended by |
18 | | changing Sections 3, 6.1, 6.2, 6.3, 8.1, 8.2, and 9 and by |
19 | | adding Sections 6.8, 6.9, and 6.10 as follows:
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20 | | (50 ILCS 705/3) (from Ch. 85, par. 503) |
21 | | Sec. 3. Board; composition; appointments; tenure; |
22 | | vacancies. |
23 | | (a) The Board shall be composed of 18 members selected as |
24 | | follows: The Attorney General of the State of Illinois, the |
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1 | | Director of the Illinois State Police, the Director of |
2 | | Corrections, the Superintendent of the Chicago Police |
3 | | Department, the Sheriff of Cook County, the Clerk of the |
4 | | Circuit Court of Cook County, who shall serve as ex officio |
5 | | members, and the following to be appointed by the Governor: 2 |
6 | | members of a collective bargaining unit representing law |
7 | | enforcement who are certified officers serving a city with a |
8 | | population of more than 1,000,000 mayors or village presidents |
9 | | of Illinois municipalities , 2 Illinois county sheriffs from |
10 | | counties other than Cook County, 2 members of a collective |
11 | | bargaining unit representing law enforcement who are certified |
12 | | officers, one serving a county with a population of less than |
13 | | 5,000,000 and one serving a city with a population of less than |
14 | | 1,000,000 managers of Illinois municipalities , 2 chiefs of |
15 | | municipal police departments in Illinois having no |
16 | | Superintendent of the Police Department on the Board, 2 |
17 | | citizens of Illinois who shall be certified law enforcement |
18 | | officers and members of a collective bargaining unit members |
19 | | of an organized enforcement officers' association , one active |
20 | | member of a statewide association representing sheriffs, and |
21 | | one active member of a statewide association representing |
22 | | municipal police chiefs. The appointments of the Governor |
23 | | shall be made on the first Monday of August in 1965 with 3 of |
24 | | the appointments to be for a period of one year, 3 for 2 years, |
25 | | and 3 for 3 years. Their successors shall be appointed in like |
26 | | manner for terms to expire the first Monday of August each 3 |
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1 | | years thereafter. All members shall serve until their |
2 | | respective successors are appointed and qualify. Vacancies |
3 | | shall be filled by the Governor for the unexpired terms. Any ex |
4 | | officio member may appoint a designee to the Board who shall |
5 | | have the same powers and immunities otherwise conferred to the |
6 | | member of the Board, including the power to vote and be counted |
7 | | toward quorum, so long as the member is not in attendance. Each |
8 | | appointment must be made within 90 days of a vacancy |
9 | | occurring. |
10 | | (a-5) Within the Board is created a Review Committee. The |
11 | | Review Committee shall review disciplinary cases in which the |
12 | | Panel, the law enforcement officer, or the law enforcement |
13 | | agency file for reconsideration of a decertification decision |
14 | | made by the Board. The Review Committee shall be composed of 9 |
15 | | annually rotating members from the Board appointed by the |
16 | | Board Chairman. One member of the Review Committee shall be |
17 | | designated by the Board Chairman as the Chair. The Review |
18 | | Committee shall sit in 3 member panels composed of one member |
19 | | representing law enforcement management, one member |
20 | | representing members of law enforcement, and one member who is |
21 | | not a current or former member of law enforcement. |
22 | | (b) When a Board member may have an actual, perceived, or |
23 | | potential conflict of interest or appearance of bias that |
24 | | could prevent the Board member from making a fair and |
25 | | impartial decision regarding decertification: |
26 | | (1) The Board member shall recuse himself or herself. |
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1 | | (2) If the Board member fails to recuse himself or |
2 | | herself, then the Board may, by a simple majority of the |
3 | | remaining members, vote to recuse the Board member. Board |
4 | | members who are found to have voted on a matter in which |
5 | | they should have recused themselves may be removed from |
6 | | the Board by the Governor. |
7 | | A conflict of interest or appearance of bias may include, |
8 | | but is not limited to, matters where one of the following is a |
9 | | party to a decision on a decertification or formal complaint: |
10 | | someone with whom the member has an employment relationship; |
11 | | any of the following relatives: spouse, parents, children, |
12 | | adopted children, legal wards, stepchildren, step parents, |
13 | | step siblings, half siblings, siblings, parents-in-law, |
14 | | siblings-in-law, children-in-law, aunts, uncles, nieces, and |
15 | | nephews; a friend; or a member of a professional organization, |
16 | | association, or a union in which the member now actively |
17 | | serves. |
18 | | (c) A vacancy in members does not prevent a quorum of the |
19 | | remaining sitting members from exercising all rights and |
20 | | performing all duties of the Board. |
21 | | (d) An individual serving on the Board shall not also |
22 | | serve on the Panel. |
23 | | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; |
24 | | 102-694, eff. 1-7-22.)
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25 | | (50 ILCS 705/6.1) |
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1 | | Sec. 6.1. Automatic decertification of full-time and |
2 | | part-time law enforcement officers. |
3 | | (a) The Board must review law enforcement officer conduct |
4 | | and records to ensure that no law enforcement officer is |
5 | | certified or provided a valid waiver if that law enforcement |
6 | | officer has been convicted of, found guilty of, entered a plea |
7 | | of guilty to, or entered a plea of nolo contendere to, a felony |
8 | | offense under the laws of this State or any other state which |
9 | | if committed in this State would be punishable as a felony. The |
10 | | Board must also ensure that no law enforcement officer is |
11 | | certified or provided a valid waiver if that law enforcement |
12 | | officer has been convicted of, found guilty of, or entered a |
13 | | plea of guilty to, on or after January 1, 2022 (the effective |
14 | | date of Public Act 101-652) of any misdemeanor specified in |
15 | | this Section or if committed in any other state would be an |
16 | | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, |
17 | | 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, |
18 | | 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, |
19 | | any misdemeanor in violation of any Section of Part E of Title |
20 | | III of the Criminal Code of 1961 or the Criminal Code of 2012, |
21 | | or subsection (a) of Section 17-32 of the Criminal Code of 1961 |
22 | | or the Criminal Code of 2012, or to Section 5 or 5.2 of the |
23 | | Cannabis Control Act, or any felony or misdemeanor in |
24 | | violation of federal law or the law of any state that is the |
25 | | equivalent of any of the offenses specified therein. The Board |
26 | | must appoint investigators to enforce the duties conferred |
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1 | | upon the Board by this Act. |
2 | | (a-1) (Blank). For purposes of this Section, a person is |
3 | | "convicted of, or entered a plea of guilty to, plea of nolo |
4 | | contendere to, found guilty of" regardless of whether the |
5 | | adjudication of guilt or sentence is withheld or not entered |
6 | | thereon. This includes sentences of supervision, conditional |
7 | | discharge, or first offender probation, or any similar |
8 | | disposition provided for by law. |
9 | | (b) It is the responsibility of the sheriff or the chief |
10 | | executive officer of every law enforcement agency or |
11 | | department within this State to report to the Board any |
12 | | arrest, conviction, finding of guilt, plea of guilty, or plea |
13 | | of nolo contendere to, of any officer for an offense |
14 | | identified in this Section, regardless of whether the |
15 | | adjudication of guilt or sentence is withheld or not entered |
16 | | thereon, this includes sentences of supervision, conditional |
17 | | discharge, or first offender probation. |
18 | | (c) It is the duty and responsibility of every full-time |
19 | | and part-time law enforcement officer in this State to report |
20 | | to the Board within 14 days, and the officer's sheriff or chief |
21 | | executive officer, of the officer's arrest, conviction, found |
22 | | guilty of, or plea of guilty for an offense identified in this |
23 | | Section. Any full-time or part-time law enforcement officer |
24 | | who knowingly makes, submits, causes to be submitted, or files |
25 | | a false or untruthful report to the Board must have the |
26 | | officer's certificate or waiver immediately decertified or |
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1 | | revoked. |
2 | | (d) Any person, or a local or State agency, or the Board is |
3 | | immune from liability for submitting, disclosing, or releasing |
4 | | information of arrests, convictions, or pleas of guilty in |
5 | | this Section as long as the information is submitted, |
6 | | disclosed, or released in good faith and without malice. The |
7 | | Board has qualified immunity for the release of the |
8 | | information. |
9 | | (e) Any full-time or part-time law enforcement officer |
10 | | with a certificate or waiver issued by the Board who is |
11 | | convicted of, found guilty of, or entered a plea of guilty to, |
12 | | or entered a plea of nolo contendere to any offense described |
13 | | in this Section immediately becomes decertified or no longer |
14 | | has a valid waiver. The decertification and invalidity of |
15 | | waivers occurs as a matter of law. Failure of a convicted |
16 | | person to report to the Board the officer's conviction as |
17 | | described in this Section or any continued law enforcement |
18 | | practice after receiving a conviction is a Class 4 felony. |
19 | | (e-5) For purposes of this Section, a person is considered |
20 | | to have been "convicted of, found guilty of, or entered a plea |
21 | | of guilty to, plea of nolo contendere to" regardless of |
22 | | whether the adjudication of guilt or sentence is withheld or |
23 | | not entered thereon, including sentences of supervision, |
24 | | conditional discharge, first offender probation, or any |
25 | | similar disposition as provided for by law ; except a person is |
26 | | not considered to have been "convicted of, found guilty of, or |
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1 | | entered a plea of guilty to, plea of nolo contendere to" if the |
2 | | person's charge is dismissed or expunged or the person is a |
3 | | juvenile at the time of the arrest, at the time of |
4 | | adjudication, or at the time of disposition of supervision . |
5 | | (f) The Board's investigators shall be law enforcement |
6 | | officers as defined in Section 2 of this Act. The Board shall |
7 | | not waive the training requirement unless the investigator has |
8 | | had a minimum of 5 years experience as a sworn officer of a |
9 | | local, State, or federal law enforcement agency. An |
10 | | investigator shall not have been terminated for good cause, |
11 | | decertified, had his or her law enforcement license or |
12 | | certificate revoked in this or any other jurisdiction, or been |
13 | | convicted of any of the conduct listed in subsection (a). Any |
14 | | complaint filed against the Board's investigators shall be |
15 | | investigated by the Illinois State Police. |
16 | | (g) The Board must request and receive information and |
17 | | assistance from any federal, state, local, or private |
18 | | enforcement agency as part of the authorized criminal |
19 | | background investigation. The Illinois State Police must |
20 | | process, retain, and additionally provide and disseminate |
21 | | information to the Board concerning criminal charges, arrests, |
22 | | convictions, and their disposition, that have been filed |
23 | | against a basic academy applicant, law enforcement applicant, |
24 | | or law enforcement officer whose fingerprint identification |
25 | | cards are on file or maintained by the Illinois State Police. |
26 | | The Federal Bureau of Investigation must provide the Board any |
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1 | | criminal history record information contained in its files |
2 | | pertaining to law enforcement officers or any applicant to a |
3 | | Board certified basic law enforcement academy as described in |
4 | | this Act based on fingerprint identification. The Board must |
5 | | make payment of fees to the Illinois State Police for each |
6 | | fingerprint card submission in conformance with the |
7 | | requirements of paragraph 22 of Section 55a of the Civil |
8 | | Administrative Code of Illinois. |
9 | | (g-1) The Board may not disclose to any person or |
10 | | organization the certification of or the decertification of a |
11 | | law enforcement officer resulting from any process the Board |
12 | | is engaged with until the decision is final and all appeals |
13 | | have been exhausted, including disclosing information with a |
14 | | State's Attorney or employer regarding the denial of a |
15 | | training waiver. If information disclosed by the Board |
16 | | violates this subsection, a law enforcement officer may seek |
17 | | damages in the amount of 5 times the actual damages plus costs |
18 | | against the Board. |
19 | | (g-5) Notwithstanding any provision of law to the |
20 | | contrary, the changes to this Section made by this amendatory |
21 | | Act of the 102nd General Assembly and Public Act 101-652 shall |
22 | | apply prospectively only from July 1, 2022. |
23 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; |
24 | | 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
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25 | | (50 ILCS 705/6.3) |
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1 | | Sec. 6.3. Discretionary decertification of full-time and |
2 | | part-time law enforcement officers. |
3 | | (a) Definitions. For purposes of this Section 6.3: |
4 | | "Conviction" means a judgment of conviction or sentence |
5 | | entered upon a plea of guilty, upon a verdict, or upon a |
6 | | finding of guilty of an offense rendered by a jury or by a |
7 | | court authorized to try the case without a jury. "Conviction" |
8 | | does not include a judgment of conviction or sentence that is |
9 | | dismissed or expunged and does not include the judgment of |
10 | | conviction or sentence of a person who is a juvenile at the |
11 | | time of the underlying arrest, at the time of the judgment of |
12 | | conviction or sentence, or at the time of disposition of |
13 | | supervision of the judgment of conviction or sentence. |
14 | | "Duty to intervene" means an obligation to intervene to |
15 | | prevent harm from occurring that arises when: an officer is |
16 | | present, and has reason to know (1) that excessive force is |
17 | | being used or that any constitutional violation has been |
18 | | committed by a law enforcement official; and (2) the officer |
19 | | has a realistic opportunity to intervene. This duty applies |
20 | | equally to supervisory and nonsupervisory officers. If aid is |
21 | | required, the officer shall not, when reasonable to administer |
22 | | aid, knowingly and willingly refuse to render aid as defined |
23 | | by State or federal law. An officer does not violate this duty |
24 | | if the failure to render aid is due to circumstances such as |
25 | | lack of appropriate specialized training, lack of resources or |
26 | | equipment, or if it is unsafe or impracticable to render aid. |
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1 | | "Excessive use of force" means using force in violation of |
2 | | State or federal law. |
3 | | "False statement" means (1) any knowingly false statement |
4 | | provided on a form or report, (2) that the writer does not |
5 | | believe to be true, and (3) that the writer includes to mislead |
6 | | a public servant in performing the public servant's official |
7 | | functions. |
8 | | "Perjury" means that as defined under Sections 32-2 and |
9 | | 32-3 of the Criminal Code of 2012. |
10 | | "Tampers with or fabricates evidence" means if a law |
11 | | enforcement officer (1) has reason to believe that an official |
12 | | proceeding is pending or may be instituted, and (2) alters, |
13 | | destroys, conceals, or removes any record, document, data, |
14 | | video or thing to impair its validity or availability in the |
15 | | proceeding. |
16 | | (b) Decertification conduct. The Board has the authority |
17 | | to decertify a full-time or a part-time law enforcement |
18 | | officer upon a determination by the Board that the law |
19 | | enforcement officer has: |
20 | | (1) committed an act that would constitute a felony or |
21 | | misdemeanor which could serve as basis for automatic |
22 | | decertification, whether or not the law enforcement |
23 | | officer was criminally prosecuted, and whether or not the |
24 | | law enforcement officer's employment was terminated; |
25 | | (2) exercised excessive use of force; |
26 | | (3) failed to comply with the officer's duty to |
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1 | | intervene, including through acts or omissions; |
2 | | (4) tampered with a dash camera or body-worn camera or |
3 | | data recorded by a dash camera or body-worn camera or |
4 | | directed another to tamper with or turn off a dash camera |
5 | | or body-worn camera or data recorded by a dash camera or |
6 | | body-worn camera for the purpose of concealing, destroying |
7 | | or altering potential evidence; |
8 | | (5) engaged in the following conduct relating to the |
9 | | reporting, investigation, or prosecution of a crime: |
10 | | committed perjury, made a false statement, or knowingly |
11 | | tampered with or fabricated evidence; and |
12 | | (6) engaged in any unprofessional, unethical, |
13 | | deceptive, or deleterious conduct or practice harmful to |
14 | | the public; such conduct or practice need not have |
15 | | resulted in actual injury to any person. As used in this |
16 | | paragraph, the term "unprofessional conduct" shall include |
17 | | any departure from, or failure to conform to, the minimal |
18 | | standards of acceptable and prevailing practice of an |
19 | | officer. |
20 | | (b-5) The Board has the authority to decertify a full-time |
21 | | or part-time law enforcement officer notwithstanding whether a |
22 | | law enforcement agency takes disciplinary action against a law |
23 | | enforcement officer for the same underlying conduct as |
24 | | outlined in subsection (b). |
25 | | (c) Notice of Alleged Violation. |
26 | | (1) The following individuals and agencies shall |
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1 | | notify the Board within 7 days of becoming aware of any |
2 | | violation described in subsection (b): |
3 | | (A) A law enforcement agency as defined in Section |
4 | | 2 or any law enforcement officer of this State. For |
5 | | this subsection (c), law enforcement agency includes, |
6 | | but is not limited to, a civilian review board, an |
7 | | inspector general, and legal counsel for a law |
8 | | enforcement agency. |
9 | | (B) The Executive Director of the Board; |
10 | | (C) A State's Attorney's Office of this State. |
11 | | "Becoming aware" does not include confidential |
12 | | communications between agency lawyers and agencies |
13 | | regarding legal advice. For purposes of this subsection, |
14 | | "law enforcement agency" does not include the Illinois |
15 | | Attorney General when providing legal representation to a |
16 | | law enforcement officer under the State Employee |
17 | | Indemnification Act. |
18 | | (2) Any person may also notify the Board of any |
19 | | conduct the person believes a law enforcement officer has |
20 | | committed as described in subsection (b). Such |
21 | | notifications may be made confidentially. Notwithstanding |
22 | | any other provision in state law or any collective |
23 | | bargaining agreement, the Board shall accept notice and |
24 | | investigate any allegations from individuals who remain |
25 | | confidential. |
26 | | (3) Upon written request, the Board shall disclose to |
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1 | | the individual or entity who filed a notice of violation |
2 | | the status of the Board's review. |
3 | | (d) Form. The notice of violation reported under |
4 | | subsection (c) shall be on a form prescribed by the Board in |
5 | | its rules. The form shall be publicly available by paper and |
6 | | electronic means. The form shall include fields for the |
7 | | following information, at a minimum: |
8 | | (1) the full name, address, and telephone number of |
9 | | the person submitting the notice; |
10 | | (2) if submitted under subsection (c)(1), the agency |
11 | | name and title of the person submitting the notice; |
12 | | (3) the full name, badge number, employing agency, and |
13 | | physical description of the officer, if known; |
14 | | (4) the full name or names, address or addresses, |
15 | | telephone number or numbers, and physical description or |
16 | | descriptions of any witnesses, if known; |
17 | | (5) a concise statement of facts that describe the |
18 | | alleged violation and any copies of supporting evidence |
19 | | including but not limited to any photographic, video, or |
20 | | audio recordings of the incident; |
21 | | (6) whether the person submitting the notice has |
22 | | notified any other agency; and |
23 | | (7) an option for an individual, who submits directly |
24 | | to the Board, to consent to have the individual's identity |
25 | | disclosed. The identity of any individual providing |
26 | | information or reporting any possible or alleged violation |
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1 | | to the Board shall be kept confidential and may not be |
2 | | disclosed without the consent of that individual, unless |
3 | | the individual consents to disclosure of the individual's |
4 | | name or disclosure of the individual's identity is |
5 | | otherwise required by law. The confidentiality granted by |
6 | | this subsection does not preclude the disclosure of the |
7 | | identity of a person in any capacity other than as the |
8 | | source of an allegation. |
9 | | Nothing in this subsection (d) shall preclude the Board |
10 | | from receiving, investigating, or acting upon allegations made |
11 | | confidentially or in a format different from the form provided |
12 | | for in this subsection. |
13 | | (e) Preliminary review. |
14 | | (1) The Board shall complete a preliminary review of |
15 | | the allegations to determine whether there is sufficient |
16 | | information to warrant a further investigation of any |
17 | | violations of the Act. Upon initiating a preliminary |
18 | | review of the allegations, the Board shall notify the head |
19 | | of the law enforcement agency that employs the law |
20 | | enforcement officer who is the subject of the allegations. |
21 | | At the request of the Board, the law enforcement agency |
22 | | must submit any copies of investigative findings, |
23 | | evidence, or documentation to the Board in accordance with |
24 | | rules adopted by the Board to facilitate the Board's |
25 | | preliminary review. The Board may correspond with the law |
26 | | enforcement agency, official records clerks or any |
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1 | | investigative agencies in conducting its preliminary |
2 | | review. |
3 | | (2) During the preliminary review, the Board will take |
4 | | all reasonable steps to discover any and all objective |
5 | | verifiable evidence relevant to the alleged violation |
6 | | through the identification, retention, review, and |
7 | | analysis of all currently available evidence, including, |
8 | | but not limited to: all time-sensitive evidence, audio and |
9 | | video evidence, physical evidence, arrest reports, |
10 | | photographic evidence, GPS records, computer data, lab |
11 | | reports, medical documents, and witness interviews. All |
12 | | reasonable steps will be taken to preserve relevant |
13 | | evidence identified during the preliminary investigation. |
14 | | (3) If after a preliminary review of the alleged |
15 | | violation or violations, the Board believes there is |
16 | | sufficient information to warrant further investigation of |
17 | | any violations of this Act, the alleged violation or |
18 | | violations shall be assigned for investigation in |
19 | | accordance with subsection (f). |
20 | | (4) If after a review of the allegations, the Board |
21 | | believes there is insufficient information supporting the |
22 | | allegations to warrant further investigation, it may close |
23 | | a notice. Notification of the Board's decision to close a |
24 | | notice shall be sent to all relevant individuals, |
25 | | agencies, and any entities that received notice of the |
26 | | violation under subsection (c) within 30 days of the |
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1 | | notice being closed, except in cases where the notice is |
2 | | submitted anonymously if the complainant is unknown. |
3 | | (5) Except when the Board has received notice under |
4 | | subparagraph (A) of paragraph (1) of subsection (c), no |
5 | | later than 30 days after receiving notice, the Board shall |
6 | | report any notice of violation it receives to the relevant |
7 | | law enforcement agency, unless reporting the notice would |
8 | | jeopardize any subsequent investigation. The Board shall |
9 | | also record any notice of violation it receives to the |
10 | | Officer Professional Conduct Database in accordance with |
11 | | Section 9.2. The Board shall report to the appropriate |
12 | | State's Attorney any alleged violations that contain |
13 | | allegations, claims, or factual assertions that, if true, |
14 | | would constitute a violation of Illinois law. The Board |
15 | | shall inform the law enforcement officer via certified |
16 | | mail that it has received a notice of violation against |
17 | | the law enforcement officer. |
18 | | If the Board determines that due to the circumstances |
19 | | and the nature of the allegation that it would not be |
20 | | prudent to notify the law enforcement officer and the |
21 | | officer's law enforcement agency unless and until the |
22 | | filing of a Formal Complaint, the Board shall document in |
23 | | the file the reason or reasons a notification was not |
24 | | made. |
25 | | (6) If the law enforcement officer is involved in a |
26 | | criminal proceeding on the same subject as the notice of |
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1 | | violation, the Board is responsible for maintaining a |
2 | | current status report including court dates, hearings, |
3 | | pleas, adjudication status and sentencing. A State's |
4 | | Attorney's Office must notify the Board of any criminal |
5 | | charges filed against a law enforcement officer, and must |
6 | | provide updates of significant developments to the Board |
7 | | in a timely manner but no later than 30 days after such |
8 | | developments. |
9 | | (f) Investigations; requirements. Investigations are to be |
10 | | assigned after a preliminary review, unless the investigations |
11 | | were closed under paragraph (4) of subsection (e), as follows |
12 | | in paragraphs (1), (2), and (3) of this subsection (f). |
13 | | (1) A law enforcement agency that submits a notice of |
14 | | violation to the Board under subparagraph (A) of paragraph |
15 | | (1) of subsection (c) shall be responsible for conducting |
16 | | an investigation of the underlying allegations except |
17 | | when: (i) the law enforcement agency refers the notice to |
18 | | another law enforcement agency or the Board for |
19 | | investigation and such other agency or the Board agrees to |
20 | | conduct the investigation; (ii) an external, independent, |
21 | | or civilian oversight agency conducts the investigation in |
22 | | accordance with local ordinance or other applicable law; |
23 | | or (iii) the Board has determined that it will conduct the |
24 | | investigation based upon the facts and circumstances of |
25 | | the alleged violation, including but not limited to, |
26 | | investigations regarding the Chief or Sheriff of a law |
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1 | | enforcement agency, familial conflict of interests, |
2 | | complaints involving a substantial portion of a law |
3 | | enforcement agency, or complaints involving a policy of a |
4 | | law enforcement agency. Any agency or entity conducting an |
5 | | investigation under this paragraph (1) shall submit |
6 | | quarterly reports to the Board regarding the progress of |
7 | | the investigation. The quarterly report shall be reviewed |
8 | | by the individual or individuals at the Board who |
9 | | conducted the preliminary review, if available. |
10 | | Any agency or entity conducting an investigation under |
11 | | this paragraph (1) shall, within 7 days of completing an |
12 | | investigation, deliver an Investigative Summary Report and |
13 | | copies of any administrative evidence to the Board. If the |
14 | | Board finds an investigation conducted under this |
15 | | paragraph (1) is incomplete, unsatisfactory, or deficient |
16 | | in any way, the Board may direct the investigating entity |
17 | | or agency to take any additional investigative steps |
18 | | deemed necessary to thoroughly and satisfactorily complete |
19 | | the investigation, or the Board may take any steps |
20 | | necessary to complete the investigation. The investigating |
21 | | entity or agency or, when necessary, the Board will then |
22 | | amend and re-submit the Investigative Summary Report to |
23 | | the Board for approval. |
24 | | The Board shall submit a report to the investigating |
25 | | entity disclosing the name, address, and telephone numbers |
26 | | of persons who have knowledge of facts which are the |
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1 | | subject of the investigation and identifying the subject |
2 | | matter of their knowledge. |
3 | | (2) The Board shall investigate and complete an |
4 | | Investigative Summary Report when a State's Attorney's |
5 | | Office submits a notice of violation to the Board under |
6 | | (c)(1)(C). |
7 | | (3) When a person submits a notice to the Board under |
8 | | paragraph (2) of subsection (c), The Board shall assign |
9 | | the investigation to the law enforcement agency that |
10 | | employs the law enforcement officer, except when: (i) the |
11 | | law enforcement agency requests to refer the notice to |
12 | | another law enforcement agency or the Board for |
13 | | investigation and such other agency or the Board agrees to |
14 | | conduct the investigation; (ii) an external, independent, |
15 | | or civilian oversight agency conducts the investigation in |
16 | | accordance with local ordinance or other applicable law; |
17 | | or (iii) the Board has determined that it will conduct the |
18 | | investigation based upon the facts and circumstances of |
19 | | the alleged violation, including but not limited to, |
20 | | investigations regarding the Chief or Sheriff of a law |
21 | | enforcement agency, familial conflict of interests, |
22 | | complaints involving a substantial portion of a law |
23 | | enforcement agency, or complaints involving a policy of a |
24 | | law enforcement agency. |
25 | | The investigating entity or agency shall submit |
26 | | quarterly reports to the Board regarding the progress of |
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1 | | the investigation in a form to be determined by the Board. |
2 | | The quarterly report shall be reviewed by the individual |
3 | | at the Board who conducted the preliminary review, if |
4 | | available. |
5 | | The investigating entity or agency shall, within 7 days of |
6 | | completing an investigation, deliver an Investigative |
7 | | Summary Report and copies of any evidence to the Board. If |
8 | | the Board finds an investigation conducted under this |
9 | | subsection (f)(3) is incomplete, unsatisfactory, or |
10 | | deficient in any way, the Board may direct the |
11 | | investigating entity to take any additional investigative |
12 | | steps deemed necessary to thoroughly and satisfactorily |
13 | | complete the investigation, or the Board may take any |
14 | | steps necessary to complete the investigation. The |
15 | | investigating entity or agency or, when necessary, the |
16 | | Board will then amend and re-submit the Investigative |
17 | | Summary Report to the Board for approval. The |
18 | | investigating entity shall cooperate with and assist the |
19 | | Board, as necessary, in any subsequent investigation. |
20 | | (4) Concurrent Investigations. The Board may, at any |
21 | | point, initiate a concurrent investigation under this |
22 | | section. The original investigating entity shall timely |
23 | | communicate, coordinate, and cooperate with the Board to |
24 | | the fullest extent. The Board shall promulgate rules that |
25 | | shall address, at a minimum, the sharing of information |
26 | | and investigative means such as subpoenas and interviewing |
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1 | | witnesses. |
2 | | (5) Investigative Summary Report. An Investigative |
3 | | Summary Report shall contain, at a minimum, the |
4 | | allegations and elements within each allegation followed |
5 | | by the testimonial, documentary, or physical evidence that |
6 | | is relevant to each such allegation or element listed and |
7 | | discussed in association with it. All persons who have |
8 | | been interviewed and listed in the Investigative Summary |
9 | | Report will be identified as a complainant, witness, |
10 | | person with specialized knowledge, or law enforcement |
11 | | employee. |
12 | | (6) Each law enforcement agency shall adopt a written |
13 | | policy regarding the investigation of conduct under |
14 | | subsection (a) that involves a law enforcement officer |
15 | | employed by that law enforcement agency. The written |
16 | | policy adopted must include the following, at a minimum: |
17 | | (a) Each law enforcement officer shall immediately |
18 | | report any conduct under subsection (b) to the |
19 | | appropriate supervising officer. |
20 | | (b) The written policy under this Section shall be |
21 | | available for inspection and copying under the Freedom |
22 | | of Information Act, and not subject to any exemption |
23 | | of that Act. |
24 | | (7) Nothing in this Act shall prohibit a law |
25 | | enforcement agency from conducting an investigation for |
26 | | the purpose of internal discipline. However, any such |
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1 | | investigation shall be conducted in a manner that avoids |
2 | | interference with, and preserves the integrity of, any |
3 | | separate investigation by the Board being conducted. |
4 | | (g) Formal complaints. Upon receipt of an Investigative |
5 | | Summary Report, the Board shall review the Report and any |
6 | | relevant evidence obtained and determine whether there is |
7 | | reasonable basis to believe that the law enforcement officer |
8 | | committed any conduct that would be deemed a violation of this |
9 | | Act. If after reviewing the Report and any other relevant |
10 | | evidence obtained, the Board determines that a reasonable |
11 | | basis does exist, the Board shall file a formal complaint with |
12 | | the Certification Review Panel. |
13 | | (h) Formal Complaint Hearing. |
14 | | (1) Upon issuance of a formal complaint, the Panel |
15 | | shall set the matter for an initial hearing in front of an |
16 | | administrative law judge. At least 30 days before the date |
17 | | set for an initial hearing, the Panel must, in writing, |
18 | | notify the law enforcement officer subject to the |
19 | | complaint of the following: |
20 | | (i) the allegations against the law enforcement |
21 | | officer, the time and place for the hearing, and |
22 | | whether the law enforcement officer's certification |
23 | | has been temporarily suspended under Section 8.3; |
24 | | (ii) the right to file a written answer to the |
25 | | complaint with the Panel within 30 days after service |
26 | | of the notice; |
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1 | | (iii) if the law enforcement officer fails to |
2 | | comply with the notice of the default order in |
3 | | paragraph (2), the Panel shall enter a default order |
4 | | against the law enforcement officer along with a |
5 | | finding that the allegations in the complaint are |
6 | | deemed admitted, and that the law enforcement |
7 | | officer's certification may be revoked as a result; |
8 | | and |
9 | | (iv) the law enforcement officer may request an |
10 | | informal conference to surrender the officer's |
11 | | certification. |
12 | | (2) The Board shall send the law enforcement officer |
13 | | notice of the default order. The notice shall state that |
14 | | the officer has 30 days to notify the Board in writing of |
15 | | their desire to have the order vacated and to appear |
16 | | before the Board. If the law enforcement officer does not |
17 | | notify the Board within 30 days, the Board may set the |
18 | | matter for hearing. If the matter is set for hearing, the |
19 | | Board shall send the law enforcement officer the notice of |
20 | | the date, time and location of the hearing. If the law |
21 | | enforcement officer or counsel for the officer does |
22 | | appear, at the Board's discretion, the hearing may proceed |
23 | | or may be continued to a date and time agreed upon by all |
24 | | parties. If on the date of the hearing, neither the law |
25 | | enforcement officer nor counsel for the officer appears, |
26 | | the Board may proceed with the hearing for default in |
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1 | | their absence. |
2 | | (3) If the law enforcement officer fails to comply |
3 | | with paragraph (2), all of the allegations contained in |
4 | | the complaint shall be deemed admitted and the law |
5 | | enforcement officer shall be decertified if, by a majority |
6 | | vote of the panel, the conduct charged in the complaint is |
7 | | found to constitute sufficient grounds for decertification |
8 | | under this Act. Notice of the decertification decision may |
9 | | be served by personal delivery, by mail, or, at the |
10 | | discretion of the Board, by electronic means as adopted by |
11 | | rule to the address or email address specified by the law |
12 | | enforcement officer in the officer's last communication |
13 | | with the Board. Notice shall also be provided to the law |
14 | | enforcement officer's employing law enforcement agency. |
15 | | (4) The Board, at the request of the law enforcement |
16 | | officer subject to the Formal Complaint, may suspend a |
17 | | hearing on a Formal Complaint for no more than one year if |
18 | | a concurrent criminal matter is pending. If the law |
19 | | enforcement officer requests to have the hearing |
20 | | suspended, the law enforcement officer's certification |
21 | | shall be deemed inactive until the law enforcement |
22 | | officer's Formal Complaint hearing concludes. The Board or |
23 | | the law enforcement officer may request to have the |
24 | | hearing suspended for up to 6 additional months for good |
25 | | cause. This request may be renewed. For purposes of this |
26 | | paragraph (4), "good cause" means an incident or |
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1 | | occurrence that is beyond the control of the requester and |
2 | | that prevents the hearing from occurring, or holding the |
3 | | hearing would impose an undue hardship or prejudice on the |
4 | | requester. |
5 | | (5) Surrender of certification or waiver. Upon the |
6 | | Board's issuance of a complaint, and prior to hearing on |
7 | | the matter, a law enforcement officer may choose to |
8 | | surrender the officer's certification or waiver by |
9 | | notifying the Board in writing of the officer's decision |
10 | | to do so. Upon receipt of such notification from the law |
11 | | enforcement officer, the Board shall immediately decertify |
12 | | the officer, or revoke any waiver previously granted. In |
13 | | the case of a surrender of certification or waiver, the |
14 | | Board's proceeding shall terminate. |
15 | | (6) Appointment of administrative law judges. The |
16 | | Board shall retain any attorney licensed to practice law |
17 | | in the State of Illinois to serve as an administrative law |
18 | | judge in any action involving a law enforcement officer |
19 | | under this Act. The administrative law judge shall be |
20 | | retained to a term of no greater than 4 years. If more than |
21 | | one judge is retained, the terms shall be staggered. The |
22 | | administrative law judge has full authority to conduct the |
23 | | hearings. |
24 | | Administrative law judges will receive initial and |
25 | | annual training that is adequate in quality, quantity, |
26 | | scope, and type, and will cover, at minimum the following |
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1 | | topics: |
2 | | (i) constitutional and other relevant law on |
3 | | police-community encounters, including the law on the |
4 | | use of force and stops, searches, and arrests; |
5 | | (ii) police tactics; |
6 | | (iii) investigations of police conduct; |
7 | | (iv) impartial policing; |
8 | | (v) policing individuals in crisis; |
9 | | (vi) Illinois police policies, procedures, and |
10 | | disciplinary rules; |
11 | | (vii) procedural justice; and |
12 | | (viii) community outreach. |
13 | | The Board shall determine the content and extent of |
14 | | the training within the scope provided for by this |
15 | | subsection. |
16 | | (7) Hearing. At the hearing, the administrative law |
17 | | judge will hear the allegations alleged in the complaint. |
18 | | The law enforcement officer, the counsel of the officer's |
19 | | choosing, and the Board, or the officer's counsel, shall |
20 | | be afforded the opportunity to present any pertinent |
21 | | statements, testimony, evidence, and arguments. The law |
22 | | enforcement officer shall be afforded the opportunity to |
23 | | request that the Board compel the attendance of witnesses |
24 | | and production of related documents. After the conclusion |
25 | | of the hearing, the administrative law judge shall report |
26 | | any findings of fact, conclusions of law, and recommended |
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1 | | disposition to the Panel. If the law enforcement officer |
2 | | objects to any procedural or substantive legal portion of |
3 | | the report, the officer may do so by written brief filed |
4 | | with the Panel within 14 days after receipt of the report. |
5 | | The Panel may grant reasonable extensions for good cause |
6 | | shown or when mutually agreed upon by the parties. |
7 | | No later than 28 days before the hearing, a party |
8 | | shall disclose the following: |
9 | | (i) The name and, if known, the address and |
10 | | telephone number of each individual likely to have |
11 | | information relevant to the hearing that the |
12 | | disclosing party may use to support its claims or |
13 | | defenses. This includes, but is not limited to, any |
14 | | name that has previously been held as confidential by |
15 | | the Board. |
16 | | (ii) A copy of any documents and videos that are in |
17 | | the possession, custody, or control of the party, and |
18 | | that the disclosing party may use to support its |
19 | | claims or defenses. |
20 | | (8) Certification Review Meeting. Upon receipt of the |
21 | | administrative law judge's findings of fact, conclusions |
22 | | of law, and recommended disposition, and any submitted |
23 | | objections from the law enforcement officer, the Panel |
24 | | shall call for a certification review meeting. |
25 | | In such a meeting, the Panel may adjourn into a closed |
26 | | conference for the purposes of deliberating on the |
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1 | | evidence presented during the hearing. In closed |
2 | | conference, the Panel shall consider the hearing officer's |
3 | | findings of fact, conclusions of law, and recommended |
4 | | disposition and may deliberate on all evidence and |
5 | | testimony received and may consider the weight and |
6 | | credibility to be given to the evidence received. No new |
7 | | or additional evidence may be presented to the Panel. |
8 | | After concluding its deliberations, the Panel shall |
9 | | convene in open session for its consideration of the |
10 | | matter. If a simple majority of the Panel finds that no |
11 | | allegations in the complaint supporting one or more |
12 | | charges of misconduct are proven by clear and convincing |
13 | | evidence, then the Panel shall recommend to the Board that |
14 | | the complaint be dismissed. If a simple majority of the |
15 | | Panel finds that the allegations in the complaint |
16 | | supporting one or more charges of misconduct are proven by |
17 | | clear and convincing evidence, then the Panel shall |
18 | | recommend to the Board to decertify the officer. The Panel |
19 | | shall prepare a summary report as soon as practicable |
20 | | after the completion of the meeting including the |
21 | | following: the hearing officer's findings of fact, |
22 | | conclusions of law, recommended disposition, and the |
23 | | Panel's order. |
24 | | (9) Final action by the Board. After receiving the |
25 | | Panel's recommendations and any objections by the law |
26 | | enforcement officer, and after due consideration of the |
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1 | | Panel's recommendations, the Board, by majority vote, |
2 | | shall issue a final decision to decertify the law |
3 | | enforcement officer or take no action in regard to the law |
4 | | enforcement officer. No new or additional evidence may be |
5 | | presented to the Board. If the Board makes a final |
6 | | decision contrary to the recommendations of the Panel, the |
7 | | Board shall set forth in its final written decision the |
8 | | specific written reasons for not following the Panel's |
9 | | recommendations. A copy of the Board's final decision |
10 | | shall be served upon the law enforcement officer by the |
11 | | Board, either personally or as provided in this Act for |
12 | | the service of a notice of hearing. A copy of the Board's |
13 | | final decision also shall be delivered to the last |
14 | | employing law enforcement agency, the complainant, and the |
15 | | Panel. |
16 | | (10) Reconsideration of the Board's Decision. Within |
17 | | 30 days after service of the Board's final decision, the |
18 | | Panel or the law enforcement officer may file a written |
19 | | motion for reconsideration with the Review Committee. The |
20 | | motion for reconsideration shall specify the particular |
21 | | grounds for reconsideration. The non-moving party may |
22 | | respond to the motion for reconsideration. The Review |
23 | | Committee shall only address the issues raised by the |
24 | | parties. |
25 | | The Review Committee may deny the motion for |
26 | | reconsideration, or it may grant the motion in whole or in |
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1 | | part and issue a new final decision in the matter. The |
2 | | Review Committee must notify the law enforcement officer |
3 | | and their last employing law enforcement agency within 14 |
4 | | days of a denial and state the reasons for denial. |
5 | | (i) This Section applies to conduct by a full-time or |
6 | | part-time law enforcement officer in violation of subsection |
7 | | (b) that occurred before, on, or after the effective date of |
8 | | this amendatory Act of the 102nd General Assembly. |
9 | | (j) Notwithstanding any provision of law to the contrary, |
10 | | the changes made to this Section by this amendatory Act of the |
11 | | 102nd General Assembly and Public Act 101-652 take effect July |
12 | | 1, 2022. |
13 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
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14 | | (50 ILCS 705/6.8 new) |
15 | | Sec. 6.8. Officer certification when departing employment. |
16 | | (a) A police officer's or corrections officer's |
17 | | certification is valid for one year after the officer departs |
18 | | employment in good standing and with the officer's |
19 | | certification still active. An employer, upon request by the |
20 | | officer, may issue a statement to the officer providing that |
21 | | the officer has left in good standing and shall also include |
22 | | the date of termination of service. |
23 | | (b) An officer is not required to receive a training |
24 | | waiver if the officer resumes employment as a certified |
25 | | officer with a department or agency in Illinois no later than |
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1 | | one year after the officer departs employment at the previous |
2 | | department or agency under subsection (a). An officer who has |
3 | | become deficient in any required training during the year of |
4 | | continued certification under subsection (a) after departing |
5 | | employment shall have one year from the date the officer is |
6 | | reemployed by a new department or agency to complete all of the |
7 | | deficient training. |
8 | | (c) If an officer has continued certification under |
9 | | subsection (a) and has a break in service of greater than one |
10 | | year, the Board shall either (i) require the officer to |
11 | | complete any training deficiencies prior to reemployment as a |
12 | | certified officer or (ii) grant a training waiver and allow |
13 | | the officer to complete any training deficiencies while |
14 | | employed as a full-time officer within one year after |
15 | | reemployment. |
16 | | (d) Nothing in this Section permits an officer certified |
17 | | as a part-time officer from serving as a full-time officer |
18 | | without meeting the requirements and obtaining certification |
19 | | as a full-time officer.
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20 | | (50 ILCS 705/6.9 new) |
21 | | Sec. 6.9. Denial of Certification; decertification. |
22 | | (a) If the Board denies the decision of a training school |
23 | | to approve a candidate to a qualified police training school, |
24 | | the Board must inform the employer and the candidate of the |
25 | | denial at least 14 days prior to the commencement of the start |
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1 | | of the training school. |
2 | | (b) When decertifying an officer or when denying a |
3 | | training waiver, the Board may only decertify the officer or |
4 | | deny the training waiver for a criminal offense that would |
5 | | have resulted, on the date and time the action was committed, |
6 | | in decertification had the officer actually been employed as a |
7 | | law enforcement officer at the time of the action. |
8 | | Decertification may not happen retroactively for actions that |
9 | | required certification after the date the actions were |
10 | | committed.
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11 | | (50 ILCS 705/6.10 new) |
12 | | Sec. 6.10. Implementation of the federal Law Enforcement |
13 | | Officer Safety Act of 2004. The Board and its staff are |
14 | | responsible for facilitating and enabling coverage of active |
15 | | and retired deputies, county correctional officers, and |
16 | | correctional officers of the Department of Corrections in a |
17 | | manner consistent with Public Act 102-779. If the Board and |
18 | | its staff do not reasonably facilitate and enable coverage of |
19 | | active or retired deputies, county correctional officers, or |
20 | | correctional officers of the Department of Corrections under |
21 | | the federal Law Enforcement Officer Safety Act of 2004 or if |
22 | | the Board takes actions or refuses to take reasonable actions |
23 | | that inhibit coverage, the deputy or officer may institute a |
24 | | private right of action against the Board or its staff.
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1 | | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) |
2 | | (Text of Section before amendment by P.A. 103-389 ) |
3 | | Sec. 8.1. Full-time law enforcement and county corrections |
4 | | officers. |
5 | | (a) No person shall receive a permanent appointment as a |
6 | | law enforcement officer or a permanent appointment as a county |
7 | | corrections officer unless that person has been awarded, |
8 | | within 6 months of the officer's initial full-time employment, |
9 | | a certificate attesting to the officer's successful completion |
10 | | of the Minimum Standards Basic Law Enforcement or County |
11 | | Correctional Training Course as prescribed by the Board; or |
12 | | has been awarded a certificate attesting to the officer's |
13 | | satisfactory completion of a training program of similar |
14 | | content and number of hours and which course has been found |
15 | | acceptable by the Board under the provisions of this Act; or a |
16 | | training waiver by reason of extensive prior law enforcement |
17 | | or county corrections experience the basic training |
18 | | requirement is determined by the Board to be illogical and |
19 | | unreasonable. |
20 | | If such training is required and not completed within the |
21 | | applicable 6 months, then the officer must forfeit the |
22 | | officer's position, or the employing agency must obtain a |
23 | | waiver from the Board extending the period for compliance. |
24 | | Such waiver shall be issued only for good and justifiable |
25 | | reasons, and in no case shall extend more than 90 days beyond |
26 | | the initial 6 months. Any hiring agency that fails to train a |
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1 | | law enforcement officer within this period shall be prohibited |
2 | | from employing this individual in a law enforcement capacity |
3 | | for one year from the date training was to be completed. If an |
4 | | agency again fails to train the individual a second time, the |
5 | | agency shall be permanently barred from employing this |
6 | | individual in a law enforcement capacity. |
7 | | An individual who is not certified by the Board or whose |
8 | | certified status is inactive shall not function as a law |
9 | | enforcement officer, be assigned the duties of a law |
10 | | enforcement officer by an employing agency, or be authorized |
11 | | to carry firearms under the authority of the employer, except |
12 | | as otherwise authorized to carry a firearm under State or |
13 | | federal law. Sheriffs who are elected as of January 1, 2022 |
14 | | (the effective date of Public Act 101-652) are exempt from the |
15 | | requirement of certified status. Failure to be certified in |
16 | | accordance with this Act shall cause the officer to forfeit |
17 | | the officer's position. |
18 | | An employing agency may not grant a person status as a law |
19 | | enforcement officer unless the person has been granted an |
20 | | active law enforcement officer certification by the Board. |
21 | | (b) Inactive status. A person who has an inactive law |
22 | | enforcement officer certification has no law enforcement |
23 | | authority. |
24 | | (1) A law enforcement officer's certification becomes |
25 | | inactive upon termination, resignation, retirement, or |
26 | | separation from the officer's employing law enforcement |
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| | SB3370 | - 57 - | LRB103 35788 AWJ 65871 b |
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1 | | agency for any reason. The Board shall re-activate a |
2 | | certification upon written application from the law |
3 | | enforcement officer's law enforcement agency that shows |
4 | | the law enforcement officer: (i) has accepted a full-time |
5 | | law enforcement position with that law enforcement agency, |
6 | | (ii) is not the subject of a decertification proceeding, |
7 | | and (iii) meets all other criteria for re-activation |
8 | | required by the Board. The Board may also establish |
9 | | special training requirements to be completed as a |
10 | | condition for re-activation. |
11 | | The Board shall review a notice for reactivation from |
12 | | a law enforcement agency and provide a response within 30 |
13 | | days. The Board may extend this review. A law enforcement |
14 | | officer shall be allowed to be employed as a full-time law |
15 | | enforcement officer while the law enforcement officer |
16 | | reactivation waiver is under review. |
17 | | A law enforcement officer who is refused reactivation |
18 | | or an employing agency of a law enforcement officer who is |
19 | | refused reactivation under this Section may request a |
20 | | hearing in accordance with the hearing procedures as |
21 | | outlined in subsection (h) of Section 6.3 of this Act. |
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 an employing agency for |
25 | | conduct subject to decertification under this Act or |
26 | | resigned or retired after receiving notice of a law |
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| | SB3370 | - 58 - | LRB103 35788 AWJ 65871 b |
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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 with a copy to the chief |
12 | | administrator of the law enforcement officer's current or |
13 | | new employing agency. |
14 | | (3) Certification that has become inactive under |
15 | | paragraph (2) of this subsection (b) shall be reactivated |
16 | | by written notice from the law enforcement officer's |
17 | | agency upon a showing that the law enforcement officer: |
18 | | (i) is employed in a full-time law enforcement position |
19 | | with the same law enforcement agency, (ii) is not the |
20 | | subject of a decertification proceeding, and (iii) meets |
21 | | all other criteria for re-activation required by the |
22 | | Board. |
23 | | (4) Notwithstanding paragraph (3) of this subsection |
24 | | (b), a law enforcement officer whose certification has |
25 | | become inactive under paragraph (2) may have the officer's |
26 | | employing agency submit a request for a waiver of training |
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1 | | requirements to the Board in writing and accompanied by |
2 | | any verifying documentation. A grant of a waiver is within |
3 | | the discretion of the Board. Within 7 days of receiving a |
4 | | request for a waiver under this Section, the Board shall |
5 | | notify the law enforcement officer and the chief |
6 | | administrator of the law enforcement officer's employing |
7 | | agency, whether the request has been granted, denied, or |
8 | | if the Board will take additional time for information. A |
9 | | law enforcement agency whose request for a waiver under |
10 | | this subsection is denied is entitled to request a review |
11 | | of the denial by the Board. The law enforcement agency |
12 | | must request a review within 20 days of the waiver being |
13 | | denied. The burden of proof shall be on the law |
14 | | enforcement agency to show why the law enforcement officer |
15 | | is entitled to a waiver of the legislatively required |
16 | | training and eligibility requirements. |
17 | | (c) No provision of this Section shall be construed to |
18 | | mean that a county corrections officer employed by a |
19 | | governmental agency at the time of the effective date of this |
20 | | amendatory Act, either as a probationary county corrections |
21 | | officer or as a permanent county corrections officer, shall |
22 | | require certification under the provisions of this Section. No |
23 | | provision of this Section shall be construed to apply to |
24 | | certification of elected county sheriffs. |
25 | | (d) Within 14 days, a law enforcement officer shall report |
26 | | to the Board: (1) any name change; (2) any change in |
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| | SB3370 | - 60 - | LRB103 35788 AWJ 65871 b |
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1 | | employment; or (3) the filing of any criminal indictment or |
2 | | charges against the officer alleging that the officer |
3 | | committed any offense as enumerated in Section 6.1 of this |
4 | | Act. |
5 | | (e) All law enforcement officers must report the |
6 | | completion of the training requirements required in this Act |
7 | | in compliance with Section 8.4 of this Act. |
8 | | (e-1) Each employing law enforcement agency shall allow |
9 | | and provide an opportunity for a law enforcement officer to |
10 | | complete the mandated requirements in this Act. All mandated |
11 | | training shall be provided at no cost to the employees. |
12 | | Employees shall be paid for all time spent attending mandated |
13 | | training. |
14 | | (e-2) Each agency, academy, or training provider shall |
15 | | maintain proof of a law enforcement officer's completion of |
16 | | legislatively required training in a format designated by the |
17 | | Board. The report of training shall be submitted to the Board |
18 | | within 30 days following completion of the training. A copy of |
19 | | the report shall be submitted to the law enforcement officer. |
20 | | Upon receipt of a properly completed report of training, the |
21 | | Board will make the appropriate entry into the training |
22 | | records of the law enforcement officer. |
23 | | (f) This Section does not apply to part-time law |
24 | | enforcement officers or probationary part-time law enforcement |
25 | | officers. |
26 | | (g) Notwithstanding any provision of law to the contrary, |
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| | SB3370 | - 61 - | LRB103 35788 AWJ 65871 b |
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1 | | the changes made to this Section by Public Act 101-652, Public |
2 | | Act 102-28, and Public Act 102-694 take effect July 1, 2022. |
3 | | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; |
4 | | 103-154, eff. 6-30-23.)
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5 | | (Text of Section after amendment by P.A. 103-389 ) |
6 | | Sec. 8.1. Full-time law enforcement and county corrections |
7 | | officers. |
8 | | (a) No person shall receive a permanent appointment as a |
9 | | law enforcement officer or a permanent appointment as a county |
10 | | corrections officer unless that person has been awarded, |
11 | | within 6 months of the officer's initial full-time employment, |
12 | | a certificate attesting to the officer's successful completion |
13 | | of the Minimum Standards Basic Law Enforcement or County |
14 | | Correctional Training Course as prescribed by the Board; or |
15 | | has been awarded a certificate attesting to the officer's |
16 | | satisfactory completion of a training program of similar |
17 | | content and number of hours and which course has been found |
18 | | acceptable by the Board under the provisions of this Act; or a |
19 | | training waiver by reason of prior law enforcement or county |
20 | | corrections experience, obtained in Illinois, in any other |
21 | | state, or with an agency of the federal government, the basic |
22 | | training requirement is determined by the Board to be |
23 | | illogical and unreasonable. The Board may not require an |
24 | | officer employed as a full-time certified officer by one |
25 | | department or agency who simultaneously becomes employed as a |
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| | SB3370 | - 62 - | LRB103 35788 AWJ 65871 b |
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1 | | part-time officer by another department or agency to receive a |
2 | | waiver of training or take any other action for purposes of the |
3 | | second employment. Agencies seeking a reciprocity waiver for |
4 | | training completed outside of Illinois must conduct a thorough |
5 | | background check and provide verification of the officer's |
6 | | prior training. After review and satisfaction of all requested |
7 | | conditions, the officer shall be awarded an equivalency |
8 | | certificate satisfying the requirements of this Section. |
9 | | Within 60 days after the effective date of this amendatory Act |
10 | | of the 103rd General Assembly, the Board shall adopt uniform |
11 | | rules providing for a waiver process for a person previously |
12 | | employed and qualified as a law enforcement or county |
13 | | corrections officer under federal law or the laws of any other |
14 | | state, or who has completed a basic law enforcement officer or |
15 | | correctional officer academy who would be qualified to be |
16 | | employed as a law enforcement officer or correctional officer |
17 | | by the federal government or any other state. These rules |
18 | | shall address the process for evaluating prior training |
19 | | credit, a description and list of the courses typically |
20 | | required for reciprocity candidates to complete prior to |
21 | | taking the exam, and a procedure for employers seeking a |
22 | | pre-activation determination for a reciprocity training |
23 | | waiver. The rules shall provide that any eligible person |
24 | | previously trained as a law enforcement or county corrections |
25 | | officer under federal law or the laws of any other state shall |
26 | | successfully complete the following prior to the approval of a |
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1 | | waiver: |
2 | | (1) a training program or set of coursework approved |
3 | | by the Board on the laws of this State relevant to the |
4 | | duties and training requirements of law enforcement and |
5 | | county correctional officers; |
6 | | (2) firearms training; and |
7 | | (3) successful passage of the equivalency |
8 | | certification examination. |
9 | | If such training is required and not completed within the |
10 | | applicable 6 months, then the officer must forfeit the |
11 | | officer's position, or the employing agency must obtain a |
12 | | waiver from the Board extending the period for compliance. |
13 | | Such waiver shall be issued only for good and justifiable |
14 | | reasons, and in no case shall extend more than 90 days beyond |
15 | | the initial 6 months. Any hiring agency that fails to train a |
16 | | law enforcement officer within this period shall be prohibited |
17 | | from employing this individual in a law enforcement capacity |
18 | | for one year from the date training was to be completed. If an |
19 | | agency again fails to train the individual a second time, the |
20 | | agency shall be permanently barred from employing this |
21 | | individual in a law enforcement capacity. |
22 | | An individual who is not certified by the Board or whose |
23 | | certified status is inactive shall not function as a law |
24 | | enforcement officer, be assigned the duties of a law |
25 | | enforcement officer by an employing agency, or be authorized |
26 | | to carry firearms under the authority of the employer, except |
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| | SB3370 | - 64 - | LRB103 35788 AWJ 65871 b |
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1 | | as otherwise authorized to carry a firearm under State or |
2 | | federal law. Sheriffs who are elected as of January 1, 2022 |
3 | | (the effective date of Public Act 101-652) are exempt from the |
4 | | requirement of certified status. Failure to be certified in |
5 | | accordance with this Act shall cause the officer to forfeit |
6 | | the officer's position. |
7 | | An employing agency may not grant a person status as a law |
8 | | enforcement officer unless the person has been granted an |
9 | | active law enforcement officer certification by the Board. |
10 | | (b) Inactive status. A person who has an inactive law |
11 | | enforcement officer certification has no law enforcement |
12 | | authority. |
13 | | (1) Except as provided in Section 6.8, a A law |
14 | | enforcement officer's certification becomes inactive upon |
15 | | termination, resignation, retirement, or separation from |
16 | | the officer's employing law enforcement agency for any |
17 | | reason. The Board shall re-activate a certification upon |
18 | | written application from the law enforcement officer's law |
19 | | enforcement agency that shows the law enforcement officer: |
20 | | (i) has accepted a full-time law enforcement position with |
21 | | that law enforcement agency, (ii) is not the subject of a |
22 | | decertification proceeding, and (iii) meets all other |
23 | | criteria for re-activation required by the Board. The |
24 | | Board may also establish special training requirements to |
25 | | be completed as a condition for re-activation. |
26 | | The Board shall review a notice for reactivation from |
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| | SB3370 | - 65 - | LRB103 35788 AWJ 65871 b |
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1 | | a law enforcement agency and provide a response within 30 |
2 | | days. The Board may extend this review. A law enforcement |
3 | | officer shall be allowed to be employed as a full-time law |
4 | | enforcement officer while the law enforcement officer |
5 | | reactivation waiver is under review. |
6 | | A law enforcement officer who is refused reactivation |
7 | | or an employing agency of a law enforcement officer who is |
8 | | refused reactivation under this Section may request a |
9 | | hearing in accordance with the hearing procedures as |
10 | | outlined in subsection (h) of Section 6.3 of this Act. |
11 | | The Board may refuse to re-activate the certification |
12 | | of a law enforcement officer who was involuntarily |
13 | | terminated for good cause by an employing agency for |
14 | | conduct subject to decertification under this Act or |
15 | | resigned or retired after receiving notice of a law |
16 | | enforcement agency's investigation. |
17 | | (2) A law enforcement agency may place an officer who |
18 | | is currently certified on inactive status by sending a |
19 | | written request to the Board. A law enforcement officer |
20 | | whose certificate has been placed on inactive status shall |
21 | | not function as a law enforcement officer until the |
22 | | officer has completed any requirements for reactivating |
23 | | the certificate as required by the Board. A request for |
24 | | inactive status in this subsection shall be in writing, |
25 | | accompanied by verifying documentation, and shall be |
26 | | submitted to the Board with a copy to the chief |
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| | SB3370 | - 66 - | LRB103 35788 AWJ 65871 b |
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1 | | administrator of the law enforcement officer's current or |
2 | | new employing agency. |
3 | | (3) Certification that has become inactive under |
4 | | paragraph (2) of this subsection (b) shall be reactivated |
5 | | by written notice from the law enforcement officer's |
6 | | agency upon a showing that the law enforcement officer: |
7 | | (i) is employed in a full-time law enforcement position |
8 | | with the same law enforcement agency, (ii) is not the |
9 | | subject of a decertification proceeding, and (iii) meets |
10 | | all other criteria for re-activation required by the |
11 | | Board. |
12 | | (4) Notwithstanding paragraph (3) of this subsection |
13 | | (b), a law enforcement officer whose certification has |
14 | | become inactive under paragraph (2) may have the officer's |
15 | | employing agency submit a request for a waiver of training |
16 | | requirements to the Board in writing and accompanied by |
17 | | any verifying documentation. A grant of a waiver is within |
18 | | the discretion of the Board. Within 7 days of receiving a |
19 | | request for a waiver under this Section, the Board shall |
20 | | notify the law enforcement officer and the chief |
21 | | administrator of the law enforcement officer's employing |
22 | | agency, whether the request has been granted, denied, or |
23 | | if the Board will take additional time for information. A |
24 | | law enforcement agency whose request for a waiver under |
25 | | this subsection is denied is entitled to request a review |
26 | | of the denial by the Board. The law enforcement agency |
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| | SB3370 | - 67 - | LRB103 35788 AWJ 65871 b |
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1 | | must request a review within 20 days of the waiver being |
2 | | denied. The burden of proof shall be on the law |
3 | | enforcement agency to show why the law enforcement officer |
4 | | is entitled to a waiver of the legislatively required |
5 | | training and eligibility requirements. |
6 | | (c) No provision of this Section shall be construed to |
7 | | mean that a county corrections officer employed by a |
8 | | governmental agency at the time of the effective date of this |
9 | | amendatory Act, either as a probationary county corrections |
10 | | officer or as a permanent county corrections officer, shall |
11 | | require certification under the provisions of this Section. No |
12 | | provision of this Section shall be construed to apply to |
13 | | certification of elected county sheriffs. |
14 | | (d) Within 14 days, a law enforcement officer shall report |
15 | | to the Board: (1) any name change; (2) any change in |
16 | | employment; or (3) the filing of any criminal indictment or |
17 | | charges against the officer alleging that the officer |
18 | | committed any offense as enumerated in Section 6.1 of this |
19 | | Act. |
20 | | (e) All law enforcement officers must report the |
21 | | completion of the training requirements required in this Act |
22 | | in compliance with Section 8.4 of this Act. |
23 | | (e-1) Each employing law enforcement agency shall allow |
24 | | and provide an opportunity for a law enforcement officer to |
25 | | complete the mandated requirements in this Act. All mandated |
26 | | training shall be provided at no cost to the employees. |
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| | SB3370 | - 68 - | LRB103 35788 AWJ 65871 b |
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1 | | Employees shall be paid for all time spent attending mandated |
2 | | training. |
3 | | (e-2) Each agency, academy, or training provider shall |
4 | | maintain proof of a law enforcement officer's completion of |
5 | | legislatively required training in a format designated by the |
6 | | Board. The report of training shall be submitted to the Board |
7 | | within 30 days following completion of the training. A copy of |
8 | | the report shall be submitted to the law enforcement officer. |
9 | | Upon receipt of a properly completed report of training, the |
10 | | Board will make the appropriate entry into the training |
11 | | records of the law enforcement officer. |
12 | | (f) This Section does not apply to part-time law |
13 | | enforcement officers or probationary part-time law enforcement |
14 | | officers. |
15 | | (g) Notwithstanding any provision of law to the contrary, |
16 | | the changes made to this Section by Public Act 101-652, Public |
17 | | Act 102-28, and Public Act 102-694 take effect July 1, 2022. |
18 | | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; |
19 | | 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
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20 | | (50 ILCS 705/8.2) |
21 | | Sec. 8.2. Part-time law enforcement officers. |
22 | | (a) A person hired to serve as a part-time law enforcement |
23 | | officer must obtain from the Board a certificate (i) attesting |
24 | | to the officer's successful completion of the part-time police |
25 | | training course; (ii) attesting to the officer's satisfactory |
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1 | | completion of a training program of similar content and number |
2 | | of hours that has been found acceptable by the Board under the |
3 | | provisions of this Act; or (iii) a training waiver attesting |
4 | | to the Board's determination that the part-time police |
5 | | training course is unnecessary because of the person's prior |
6 | | law enforcement experience obtained in Illinois, in any other |
7 | | state, or with an agency of the federal government. The Board |
8 | | may not require an officer employed as a part-time certified |
9 | | officer by one department or agency who simultaneously becomes |
10 | | employed as a part-time officer by another department or |
11 | | agency to receive a waiver of training or take any other action |
12 | | for purposes of the second employment. A person hired on or |
13 | | after the effective date of this amendatory Act of the 92nd |
14 | | General Assembly must obtain this certificate within 18 months |
15 | | after the initial date of hire as a probationary part-time law |
16 | | enforcement officer in the State of Illinois. The probationary |
17 | | part-time law enforcement officer must be enrolled and |
18 | | accepted into a Board-approved course within 6 months after |
19 | | active employment by any department in the State. A person |
20 | | hired on or after January 1, 1996 and before the effective date |
21 | | of this amendatory Act of the 92nd General Assembly must |
22 | | obtain this certificate within 18 months after the date of |
23 | | hire. A person hired before January 1, 1996 must obtain this |
24 | | certificate within 24 months after the effective date of this |
25 | | amendatory Act of 1995. Agencies seeking a reciprocity waiver |
26 | | for training completed outside of Illinois must conduct a |
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1 | | thorough background check and provide verification of the |
2 | | officer's prior training. After review and satisfaction of all |
3 | | requested conditions, the officer shall be awarded an |
4 | | equivalency certificate satisfying the requirements of this |
5 | | Section. Within 60 days after the effective date of this |
6 | | amendatory Act of the 103rd General Assembly, the Board shall |
7 | | adopt uniform rules providing for a waiver process for a |
8 | | person previously employed and qualified as a law enforcement |
9 | | or county corrections officer under federal law or the laws of |
10 | | any other state, or who has completed a basic law enforcement |
11 | | officer or correctional officer academy who would be qualified |
12 | | to be employed as a law enforcement officer or correctional |
13 | | officer by the federal government or any other state. These |
14 | | rules shall address the process for evaluating prior training |
15 | | credit, a description and list of the courses typically |
16 | | required for reciprocity candidates to complete prior to |
17 | | taking the exam, and a procedure for employers seeking a |
18 | | pre-activation determination for a reciprocity training |
19 | | waiver. The rules shall provide that any eligible person |
20 | | previously trained as a law enforcement or county corrections |
21 | | officer under federal law or the laws of any other state shall |
22 | | successfully complete the following prior to the approval of a |
23 | | waiver: |
24 | | (1) a training program or set of coursework approved |
25 | | by the Board on the laws of this State relevant to the |
26 | | duties and training requirements of law enforcement and |
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| | SB3370 | - 71 - | LRB103 35788 AWJ 65871 b |
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1 | | county correctional officers; |
2 | | (2) firearms training; and |
3 | | (3) successful passage of the equivalency |
4 | | certification examination. |
5 | | The employing agency may seek an extension waiver from the |
6 | | Board extending the period for compliance. An extension waiver |
7 | | shall be issued only for good and justifiable reasons, and the |
8 | | probationary part-time law enforcement officer may not |
9 | | practice as a part-time law enforcement officer during the |
10 | | extension waiver period. If training is required and not |
11 | | completed within the applicable time period, as extended by |
12 | | any waiver that may be granted, then the officer must forfeit |
13 | | the officer's position. |
14 | | An individual who is not certified by the Board or whose |
15 | | certified status is inactive shall not function as a law |
16 | | enforcement officer, be assigned the duties of a law |
17 | | enforcement officer by an agency, or be authorized to carry |
18 | | firearms under the authority of the employer, except that |
19 | | sheriffs who are elected are exempt from the requirement of |
20 | | certified status. Failure to be in accordance with this Act |
21 | | shall cause the officer to forfeit the officer's position. |
22 | | (a-5) A part-time probationary law enforcement officer |
23 | | shall be allowed to complete six months of a part-time police |
24 | | training course and function as a law enforcement officer as |
25 | | permitted by this subsection with a waiver from the Board, |
26 | | provided the part-time law enforcement officer is still |
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| | SB3370 | - 72 - | LRB103 35788 AWJ 65871 b |
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1 | | enrolled in the training course. If the part-time probationary |
2 | | law enforcement officer withdraws from the course for any |
3 | | reason or does not complete the course within the applicable |
4 | | time period, as extended by any waiver that may be granted, |
5 | | then the officer must forfeit the officer's position. A |
6 | | probationary law enforcement officer must function under the |
7 | | following rules: |
8 | | (1) A law enforcement agency may not grant a person |
9 | | status as a law enforcement officer unless the person has |
10 | | been granted an active law enforcement officer |
11 | | certification by the Board. |
12 | | (2) A part-time probationary law enforcement officer |
13 | | shall not be used as a permanent replacement for a |
14 | | full-time law enforcement. |
15 | | (3) A part-time probationary law enforcement officer |
16 | | shall be directly supervised at all times by a Board |
17 | | certified law enforcement officer. Direct supervision |
18 | | requires oversight and control with the supervisor having |
19 | | final decision-making authority as to the actions of the |
20 | | recruit during duty hours. |
21 | | (b) Inactive status. A person who has an inactive law |
22 | | enforcement officer certification has no law enforcement |
23 | | authority. |
24 | | (1) Except as provided in Section 6.8, a A law |
25 | | enforcement officer's certification becomes inactive upon |
26 | | termination, resignation, retirement, or separation from |
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1 | | the employing agency for any reason. The Board shall |
2 | | re-activate a certification upon written application from |
3 | | the law enforcement officer's employing agency that shows |
4 | | the law enforcement officer: (i) has accepted a part-time |
5 | | law enforcement position with that a law enforcement |
6 | | agency, (ii) is not the subject of a decertification |
7 | | proceeding, and (iii) meets all other criteria for |
8 | | re-activation required by the Board. |
9 | | The Board may refuse to re-activate the certification |
10 | | of a law enforcement officer who was involuntarily |
11 | | terminated for good cause by the officer's employing |
12 | | agency for conduct subject to decertification under this |
13 | | Act or resigned or retired after receiving notice of a law |
14 | | enforcement agency's investigation. |
15 | | (2) A law enforcement agency may place an officer who |
16 | | is currently certified on inactive status by sending a |
17 | | written request to the Board. A law enforcement officer |
18 | | whose certificate has been placed on inactive status shall |
19 | | not function as a law enforcement officer until the |
20 | | officer has completed any requirements for reactivating |
21 | | the certificate as required by the Board. A request for |
22 | | inactive status in this subsection shall be in writing, |
23 | | accompanied by verifying documentation, and shall be |
24 | | submitted to the Board by the law enforcement officer's |
25 | | employing agency. |
26 | | (3) Certification that has become inactive under |
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1 | | paragraph (2) of this subsection (b), shall be reactivated |
2 | | by written notice from the law enforcement officer's law |
3 | | enforcement agency upon a showing that the law enforcement |
4 | | officer is: (i) employed in a part-time law enforcement |
5 | | position with the same law enforcement agency, (ii) not |
6 | | the subject of a decertification proceeding, and (iii) |
7 | | meets all other criteria for re-activation required by the |
8 | | Board. The Board may also establish special training |
9 | | requirements to be completed as a condition for |
10 | | re-activation. |
11 | | The Board shall review a notice for reactivation from |
12 | | a law enforcement agency and provide a response within 30 |
13 | | days. The Board may extend this review. A law enforcement |
14 | | officer shall be allowed to be employed as a part-time law |
15 | | enforcement officer while the law enforcement officer |
16 | | reactivation waiver is under review. |
17 | | A law enforcement officer who is refused reactivation |
18 | | or an employing agency of a law enforcement officer who is |
19 | | refused reactivation under this Section may request a |
20 | | hearing in accordance with the hearing procedures as |
21 | | outlined in subsection (h) of Section 6.3 of this Act. |
22 | | (4) Notwithstanding paragraph (3) of this Section, a |
23 | | law enforcement officer whose certification has become |
24 | | inactive under paragraph (2) may have the officer's |
25 | | employing agency submit a request for a waiver of training |
26 | | requirements to the Board in writing and accompanied by |
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1 | | any verifying documentation. A grant of a waiver is within |
2 | | the discretion of the Board. Within 7 days of receiving a |
3 | | request for a waiver under this section, the Board shall |
4 | | notify the law enforcement officer and the chief |
5 | | administrator of the law enforcement officer's employing |
6 | | agency, whether the request has been granted, denied, or |
7 | | if the Board will take additional time for information. A |
8 | | law enforcement agency or law enforcement officer, whose |
9 | | request for a waiver under this subsection is denied, is |
10 | | entitled to request a review of the denial by the Board. |
11 | | The law enforcement agency must request a review within 20 |
12 | | days after the waiver being denied. The burden of proof |
13 | | shall be on the law enforcement agency to show why the law |
14 | | enforcement officer is entitled to a waiver of the |
15 | | legislatively required training and eligibility |
16 | | requirements. |
17 | | (c) The part-time police training course referred to in |
18 | | this Section shall be of similar content and the same number of |
19 | | hours as the courses for full-time officers and shall be |
20 | | provided by Mobile Team In-Service Training Units under the |
21 | | Intergovernmental Law Enforcement Officer's In-Service |
22 | | Training Act or by another approved program or facility in a |
23 | | manner prescribed by the Board. |
24 | | (d) Within 14 days, a law enforcement officer shall report |
25 | | to the Board: (1) any name change; (2) any change in |
26 | | employment; or (3) the filing of any criminal indictment or |
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1 | | charges against the officer alleging that the officer |
2 | | committed any offense as enumerated in Section 6.1 of this |
3 | | Act. |
4 | | (e) All law enforcement officers must report the |
5 | | completion of the training requirements required in this Act |
6 | | in compliance with Section 8.4 of this Act. |
7 | | (e-1) Each employing agency shall allow and provide an |
8 | | opportunity for a law enforcement officer to complete the |
9 | | requirements in this Act. All mandated training shall be |
10 | | provided for at no cost to the employees. Employees shall be |
11 | | paid for all time spent attending mandated training. |
12 | | (e-2) Each agency, academy, or training provider shall |
13 | | maintain proof of a law enforcement officer's completion of |
14 | | legislatively required training in a format designated by the |
15 | | Board. The report of training shall be submitted to the Board |
16 | | within 30 days following completion of the training. A copy of |
17 | | the report shall be submitted to the law enforcement officer. |
18 | | Upon receipt of a properly completed report of training, the |
19 | | Board will make the appropriate entry into the training |
20 | | records of the law enforcement officer. |
21 | | (f) For the purposes of this Section, the Board shall |
22 | | adopt rules defining what constitutes employment on a |
23 | | part-time basis. |
24 | | (g) Notwithstanding any provision of law to the contrary, |
25 | | the changes made to this Section by this amendatory Act of the |
26 | | 102nd General Assembly and Public Act 101-652 take effect July |
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1 | | 1, 2022. |
2 | | (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24 .)
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3 | | (50 ILCS 705/9) (from Ch. 85, par. 509) |
4 | | Sec. 9. A special fund is hereby established in the State |
5 | | Treasury to be known as the Traffic and Criminal Conviction |
6 | | Surcharge Fund. Moneys in this Fund shall be expended as |
7 | | follows: |
8 | | (1) a portion of the total amount deposited in the |
9 | | Fund may be used, as appropriated by the General Assembly, |
10 | | for the ordinary and contingent expenses of the Illinois |
11 | | Law Enforcement Training Standards Board; |
12 | | (2) a portion of the total amount deposited in the |
13 | | Fund shall be appropriated for the reimbursement of local |
14 | | governmental agencies participating in training programs |
15 | | certified by the Board, in an amount equaling 1/2 of the |
16 | | total sum paid by such agencies during the State's |
17 | | previous fiscal year for mandated training for |
18 | | probationary law enforcement officers or probationary |
19 | | county corrections officers and for optional advanced and |
20 | | specialized law enforcement or county corrections |
21 | | training; these reimbursements may include the costs for |
22 | | tuition at training schools, the salaries of trainees |
23 | | while in schools, and the necessary travel and room and |
24 | | board expenses for each trainee; if the appropriations |
25 | | under this paragraph (2) are not sufficient to fully |
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1 | | reimburse the participating local governmental agencies, |
2 | | the available funds shall be apportioned among such |
3 | | agencies, with priority first given to repayment of the |
4 | | costs of mandatory training given to law enforcement |
5 | | officer or county corrections officer recruits, then to |
6 | | repayment of costs of advanced or specialized training for |
7 | | permanent law enforcement officers or permanent county |
8 | | corrections officers; |
9 | | (3) a portion of the total amount deposited in the |
10 | | Fund may be used to fund the Intergovernmental Law |
11 | | Enforcement Officer's In-Service Training Act, veto |
12 | | overridden October 29, 1981, as now or hereafter amended, |
13 | | at a rate and method to be determined by the board; |
14 | | (4) a portion of the Fund also may be used by the |
15 | | Illinois State Police for expenses incurred in the |
16 | | training of employees from any State, county, or municipal |
17 | | agency whose function includes enforcement of criminal or |
18 | | traffic law; |
19 | | (5) a portion of the Fund may be used by the Board to |
20 | | fund grant-in-aid programs and services for the training |
21 | | of employees from any county or municipal agency whose |
22 | | functions include corrections or the enforcement of |
23 | | criminal or traffic law; |
24 | | (6) for fiscal years 2013 through 2017 only, a portion |
25 | | of the Fund also may be used by the Department of State |
26 | | Police to finance any of its lawful purposes or functions; |
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1 | | (7) a portion of the Fund may be used by the Board, |
2 | | subject to appropriation, to administer grants to local |
3 | | law enforcement agencies for the purpose of purchasing |
4 | | bulletproof vests under the Law Enforcement Officer |
5 | | Bulletproof Vest Act; and |
6 | | (8) a portion of the Fund may be used by the Board to |
7 | | create a law enforcement grant program available for units |
8 | | of local government to fund crime prevention programs, |
9 | | training, and interdiction efforts, including enforcement |
10 | | and prevention efforts, relating to the illegal cannabis |
11 | | market and driving under the influence of cannabis ; and . |
12 | | (9) 1.5% of each deposit into the Fund shall be |
13 | | transferred by the Comptroller to the Illinois Law |
14 | | Enforcement Standards Appeal Fund within 10 days after |
15 | | deposit of the moneys. |
16 | | All payments from the Traffic and Criminal Conviction |
17 | | Surcharge Fund shall be made each year from moneys |
18 | | appropriated for the purposes specified in this Section. No |
19 | | more than 50% of any appropriation under this Act shall be |
20 | | spent in any city having a population of more than 500,000. The |
21 | | State Comptroller and the State Treasurer shall from time to |
22 | | time, at the direction of the Governor, transfer from the |
23 | | Traffic and Criminal Conviction Surcharge Fund to the General |
24 | | Revenue Fund in the State Treasury such amounts as the |
25 | | Governor determines are in excess of the amounts required to |
26 | | meet the obligations of the Traffic and Criminal Conviction |
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1 | | Surcharge Fund. |
2 | | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; |
3 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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4 | | Section 20. The State Finance Act is amended by adding |
5 | | Section 1.1015 as follows:
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6 | | (30 ILCS 105/1.1015 new) |
7 | | Sec. 1.1015. The Illinois Law Enforcement Standards Appeal |
8 | | Fund.
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9 | | Section 95. No acceleration or delay. Where this Act makes |
10 | | changes in a statute that is represented in this Act by text |
11 | | that is not yet or no longer in effect (for example, a Section |
12 | | represented by multiple versions), the use of that text does |
13 | | not accelerate or delay the taking effect of (i) the changes |
14 | | made by this Act or (ii) provisions derived from any other |
15 | | Public Act. |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
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