97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3547

 

Introduced 2/8/2012, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/2  from Ch. 85, par. 502
50 ILCS 705/6  from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.2 new
50 ILCS 705/8.1  from Ch. 85, par. 508.1
50 ILCS 705/8.2
50 ILCS 705/10.8 new

    Amends the Illinois Police Training Act. Defines "active licensed law enforcement officer" and "inactive licensed law enforcement officer". Requires full-time and part-time police officers to be licensed rather than certified. Makes corresponding changes. Provides that the Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Sets forth procedures concerning the permanent appointment of a county corrections officer. Provides that each law enforcement officer, excluding any police chief, deputy police chief, or elected sheriff, shall complete a minimum of 32 hours of in-service training every 4 years during the term of his or her license. Sets forth requirements concerning the training. Contains other provisions.


LRB097 19964 KMW 65261 b

 

 

A BILL FOR

 

SB3547LRB097 19964 KMW 65261 b

1    AN ACT concerning law enforcement training.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Sections 2, 6, 6.1, 8.1, and 8.2 and adding Sections
66.2 and 10.8 as follows:
 
7    (50 ILCS 705/2)  (from Ch. 85, par. 502)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Active licensed law enforcement officer" means any full or
11part-time law enforcement officer who (i) holds a valid 4-year
12license issued by the Illinois Law Enforcement Training and
13Standards Board, (ii) meets all of the applicable requirements
14of this Act, and (iii) is employed by an agency or department
15recognized by the Board.
16    "Board" means the Illinois Law Enforcement Training
17Standards Board.
18    "Inactive licensed law enforcement officer" means any
19individual who previously met the requirements of an active
20licensed law enforcement officer, but is no longer employed by
21an agency or department recognized by the Board because he or
22she has retired, resigned, or otherwise left his or her
23employer in good standing.

 

 

SB3547- 2 -LRB097 19964 KMW 65261 b

1    "Local governmental agency" means any local governmental
2unit or municipal corporation in this State. It does not
3include the State of Illinois or any office, officer,
4department, division, bureau, board, commission, or agency of
5the State, except that it does include a State-controlled
6university, college or public community college.
7    "Police training school" means any school located within
8the State of Illinois whether privately or publicly owned which
9offers a course in police or county corrections training and
10has been approved by the Board.
11    "Probationary police officer" means a recruit law
12enforcement officer required to successfully complete initial
13minimum basic training requirements at a police training school
14to be eligible for permanent full-time employment as a local
15law enforcement officer.
16    "Probationary part-time police officer" means a recruit
17part-time law enforcement officer required to successfully
18complete initial minimum part-time training requirements to be
19eligible for employment on a part-time basis as a local law
20enforcement officer.
21    "Permanent police officer" means a law enforcement officer
22who has completed his or her probationary period and is
23permanently employed on a full-time basis as a local law
24enforcement officer by a participating local governmental unit
25or as a security officer or campus policeman permanently
26employed by a participating State-controlled university,

 

 

SB3547- 3 -LRB097 19964 KMW 65261 b

1college, or public community college.
2    "Part-time police officer" means a law enforcement officer
3who has completed his or her probationary period and is
4employed on a part-time basis as a law enforcement officer by a
5participating unit of local government or as a campus policeman
6by a participating State-controlled university, college, or
7public community college.
8    "Law enforcement officer" means (i) any police officer of a
9local governmental agency who is primarily responsible for
10prevention or detection of crime and the enforcement of the
11criminal code, traffic, or highway laws of this State or any
12political subdivision of this State or (ii) any member of a
13police force appointed and maintained as provided in Section 2
14of the Railroad Police Act.
15    "Recruit" means any full-time or part-time law enforcement
16officer or full-time county corrections officer who is enrolled
17in an approved training course.
18    "Probationary county corrections officer" means a recruit
19county corrections officer required to successfully complete
20initial minimum basic training requirements at a police
21training school to be eligible for permanent employment on a
22full-time basis as a county corrections officer.
23    "Permanent county corrections officer" means a county
24corrections officer who has completed his probationary period
25and is permanently employed on a full-time basis as a county
26corrections officer by a participating local governmental

 

 

SB3547- 4 -LRB097 19964 KMW 65261 b

1unit.
2    "County corrections officer" means any sworn officer of the
3sheriff who is primarily responsible for the control and
4custody of offenders, detainees or inmates.
5    "Probationary court security officer" means a recruit
6court security officer required to successfully complete
7initial minimum basic training requirements at a designated
8training school to be eligible for employment as a court
9security officer.
10    "Permanent court security officer" means a court security
11officer who has completed his or her probationary period and is
12employed as a court security officer by a participating local
13governmental unit.
14    "Court security officer" has the meaning ascribed to it in
15Section 3-6012.1 of the Counties Code.
16(Source: P.A. 94-846, eff. 1-1-07.)
 
17    (50 ILCS 705/6)  (from Ch. 85, par. 506)
18    Sec. 6. Powers and duties of the Board; selection and
19certification of schools. Selection and certification of
20schools. The Board shall select and certify schools within the
21State of Illinois for the purpose of providing basic training
22for probationary police officers, probationary county
23corrections officers, and court security officers and of
24providing advanced or in-service training for permanent police
25officers or permanent county corrections officers, which

 

 

SB3547- 5 -LRB097 19964 KMW 65261 b

1schools may be either publicly or privately owned and operated.
2In addition, the Board has the following power and duties:
3        a. To require local governmental units to furnish such
4    reports and information as the Board deems necessary to
5    fully implement this Act, including, but not limited to,
6    personnel rosters, employment status reports, and annual
7    training plans.
8        b. To establish appropriate mandatory minimum
9    standards relating to the training of probationary local
10    law enforcement officers or probationary county
11    corrections officers.
12        c. To provide appropriate 4-year licensure
13    certification to those probationary officers who
14    successfully complete the prescribed minimum standard
15    basic training course.
16        d. To review and approve annual training curriculum for
17    county sheriffs.
18        e. To review and approve applicants to ensure no
19    applicant is admitted to a certified academy unless the
20    applicant is a person of good character and has not been
21    convicted of a felony offense, any of the misdemeanors in
22    Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
23    12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
24    32-4a, or 32-7 of the Criminal Code of 1961, subdivision
25    (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code
26    of 1961, or Section 5 or 5.2 of the Cannabis Control Act,

 

 

SB3547- 6 -LRB097 19964 KMW 65261 b

1    or a crime involving moral turpitude under the laws of this
2    State or any other state which if committed in this State
3    would be punishable as a felony or a crime of moral
4    turpitude. The Board may appoint investigators who shall
5    enforce the duties conferred upon the Board by this Act.
6(Source: P.A. 96-1551, eff. 7-1-11.)
 
7    (50 ILCS 705/6.1)
8    Sec. 6.1. Revocation of license Decertification of
9full-time and part-time police officers.
10    (a) The Board must review police officer conduct and
11records to ensure that no police officer is licensed certified
12or provided a valid waiver if that police officer has been
13convicted of or has pled guilty to a felony offense under the
14laws of this State or any other state which if committed in
15this State would be punishable as a felony. The Board must also
16ensure that no police officer is licensed certified or provided
17a valid waiver if that police officer has been convicted or has
18pled guilty on or after the effective date of this amendatory
19Act of 1999 of any misdemeanor specified in this Section or if
20committed in any other state would be an offense similar to
21Section 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
2212-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a,
23or 32-7 of the Criminal Code of 1961, to subdivision (a)(1) or
24(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, or
25to Section 5 or 5.2 of the Cannabis Control Act. The Board must

 

 

SB3547- 7 -LRB097 19964 KMW 65261 b

1appoint investigators to enforce the duties conferred upon the
2Board by this Act.
3    (b) It is the responsibility of the sheriff or the chief
4executive officer of every local law enforcement agency or
5department within this State to report to the Board any arrest
6or conviction of any officer for an offense identified in this
7Section.
8    (c) It is the duty and responsibility of every full-time
9and part-time police officer in this State to report to the
10Board within 30 days, and the officer's sheriff or chief
11executive officer, of his or her arrest or conviction for or
12plea of guilty to an offense identified in this Section. Any
13full-time or part-time police officer who knowingly makes,
14submits, causes to be submitted, or files a false or untruthful
15report to the Board must have his or her license certificate or
16waiver immediately decertified or revoked.
17    (d) Any person, or a local or State agency, or the Board is
18immune from liability for submitting, disclosing, or releasing
19information of arrests or convictions in this Section as long
20as the information is submitted, disclosed, or released in good
21faith and without malice. The Board has qualified immunity for
22the release of the information.
23    (e) Whenever a Any full-time or part-time police officer
24with a license certificate or waiver issued by the Board who is
25convicted of or pleads guilty to any offense described in this
26Section, his or her license is automatically revoked

 

 

SB3547- 8 -LRB097 19964 KMW 65261 b

1immediately becomes decertified or no longer has a valid
2waiver. The revocation of licenses decertification and
3invalidity of waivers occurs as a matter of law. Failure of a
4convicted person to report to the Board his or her conviction
5or plea of guilty as described in this Section or any continued
6law enforcement practice after receiving a conviction is a
7Class 4 felony.
8    (f) The Board's investigators are peace officers and have
9all the powers possessed by policemen in cities and by
10sheriff's, provided that the investigators may exercise those
11powers anywhere in the State, only after contact and
12cooperation with the appropriate local law enforcement
13authorities.
14    (g) The Board must request and receive information and
15assistance from any federal, state, or local governmental
16agency as part of the authorized criminal background
17investigation. The Department of State Police must process,
18retain, and additionally provide and disseminate information
19to the Board concerning criminal charges, arrests,
20convictions, and their disposition, that have been filed
21before, on, or after the effective date of this amendatory Act
22of the 91st General Assembly against a basic academy applicant,
23law enforcement applicant, or law enforcement officer whose
24fingerprint identification cards are on file or maintained by
25the Department of State Police. The Federal Bureau of
26Investigation must provide the Board any criminal history

 

 

SB3547- 9 -LRB097 19964 KMW 65261 b

1record information contained in its files pertaining to law
2enforcement officers or any applicant to a Board certified
3basic law enforcement academy as described in this Act based on
4fingerprint identification. The Board must make payment of fees
5to the Department of State Police for each fingerprint card
6submission in conformance with the requirements of paragraph 22
7of Section 55a of the Civil Administrative Code of Illinois.
8    (h) A police officer who has been licensed certified or
9granted a valid waiver shall also be decertified or have his or
10her license waiver revoked upon a determination by the Illinois
11Labor Relations Board State Panel that he or she, while under
12oath, has knowingly and willfully made false statements as to a
13material fact going to an element of the offense of murder. If
14an appeal is filed, the determination shall be stayed.
15        (1) In the case of an acquittal on a charge of murder,
16    a verified complaint may be filed:
17            (A) by the defendant; or
18            (B) by a police officer with personal knowledge of
19        perjured testimony.
20        The complaint must allege that a police officer, while
21    under oath, knowingly and willfully made false statements
22    as to a material fact going to an element of the offense of
23    murder. The verified complaint must be filed with the
24    Executive Director of the Illinois Law Enforcement
25    Training Standards Board within 2 years of the judgment of
26    acquittal.

 

 

SB3547- 10 -LRB097 19964 KMW 65261 b

1        (2) Within 30 days, the Executive Director of the
2    Illinois Law Enforcement Training Standards Board shall
3    review the verified complaint and determine whether the
4    verified complaint is frivolous and without merit, or
5    whether further investigation is warranted. The Illinois
6    Law Enforcement Training Standards Board shall notify the
7    officer and the Executive Director of the Illinois Labor
8    Relations Board State Panel of the filing of the complaint
9    and any action taken thereon. If the Executive Director of
10    the Illinois Law Enforcement Training Standards Board
11    determines that the verified complaint is frivolous and
12    without merit, it shall be dismissed. The Executive
13    Director of the Illinois Law Enforcement Training
14    Standards Board has sole discretion to make this
15    determination and this decision is not subject to appeal.
16    (i) If the Executive Director of the Illinois Law
17Enforcement Training Standards Board determines that the
18verified complaint warrants further investigation, he or she
19shall refer the matter to a task force of investigators created
20for this purpose. This task force shall consist of 8 sworn
21police officers: 2 from the Illinois State Police, 2 from the
22City of Chicago Police Department, 2 from county police
23departments, and 2 from municipal police departments. These
24investigators shall have a minimum of 5 years of experience in
25conducting criminal investigations. The investigators shall be
26appointed by the Executive Director of the Illinois Law

 

 

SB3547- 11 -LRB097 19964 KMW 65261 b

1Enforcement Training Standards Board. Any officer or officers
2acting in this capacity pursuant to this statutory provision
3will have statewide police authority while acting in this
4investigative capacity. Their salaries and expenses for the
5time spent conducting investigations under this paragraph
6shall be reimbursed by the Illinois Law Enforcement Training
7Standards Board.
8    (j) Once the Executive Director of the Illinois Law
9Enforcement Training Standards Board has determined that an
10investigation is warranted, the verified complaint shall be
11assigned to an investigator or investigators. The investigator
12or investigators shall conduct an investigation of the verified
13complaint and shall write a report of his or her findings. This
14report shall be submitted to the Executive Director of the
15Illinois Labor Relations Board State Panel.
16    Within 30 days, the Executive Director of the Illinois
17Labor Relations Board State Panel shall review the
18investigative report and determine whether sufficient evidence
19exists to conduct an evidentiary hearing on the verified
20complaint. If the Executive Director of the Illinois Labor
21Relations Board State Panel determines upon his or her review
22of the investigatory report that a hearing should not be
23conducted, the complaint shall be dismissed. This decision is
24in the Executive Director's sole discretion, and this dismissal
25may not be appealed.
26    If the Executive Director of the Illinois Labor Relations

 

 

SB3547- 12 -LRB097 19964 KMW 65261 b

1Board State Panel determines that there is sufficient evidence
2to warrant a hearing, a hearing shall be ordered on the
3verified complaint, to be conducted by an administrative law
4judge employed by the Illinois Labor Relations Board State
5Panel. The Executive Director of the Illinois Labor Relations
6Board State Panel shall inform the Executive Director of the
7Illinois Law Enforcement Training Standards Board and the
8person who filed the complaint of either the dismissal of the
9complaint or the issuance of the complaint for hearing. The
10Executive Director shall assign the complaint to the
11administrative law judge within 30 days of the decision
12granting a hearing.
13    (k) In the case of a finding of guilt on the offense of
14murder, if a new trial is granted on direct appeal, or a state
15post-conviction evidentiary hearing is ordered, based on a
16claim that a police officer, under oath, knowingly and
17willfully made false statements as to a material fact going to
18an element of the offense of murder, the Illinois Labor
19Relations Board State Panel shall hold a hearing to determine
20whether the officer should have his or her license revoked be
21decertified if an interested party requests such a hearing
22within 2 years of the court's decision. The complaint shall be
23assigned to an administrative law judge within 30 days so that
24a hearing can be scheduled.
25    At the hearing, the accused officer shall be afforded the
26opportunity to:

 

 

SB3547- 13 -LRB097 19964 KMW 65261 b

1        (1) Be represented by counsel of his or her own
2    choosing;
3        (2) Be heard in his or her own defense;
4        (3) Produce evidence in his or her defense;
5        (4) Request that the Illinois Labor Relations Board
6    State Panel compel the attendance of witnesses and
7    production of related documents including but not limited
8    to court documents and records.
9    Once a case has been set for hearing, the verified
10complaint shall be referred to the Department of Professional
11Regulation. That office shall prosecute the verified complaint
12at the hearing before the administrative law judge. The
13Department of Professional Regulation shall have the
14opportunity to produce evidence to support the verified
15complaint and to request the Illinois Labor Relations Board
16State Panel to compel the attendance of witnesses and the
17production of related documents, including, but not limited to,
18court documents and records. The Illinois Labor Relations Board
19State Panel shall have the power to issue subpoenas requiring
20the attendance of and testimony of witnesses and the production
21of related documents including, but not limited to, court
22documents and records and shall have the power to administer
23oaths.
24    The administrative law judge shall have the responsibility
25of receiving into evidence relevant testimony and documents,
26including court records, to support or disprove the allegations

 

 

SB3547- 14 -LRB097 19964 KMW 65261 b

1made by the person filing the verified complaint and, at the
2close of the case, hear arguments. If the administrative law
3judge finds that there is not clear and convincing evidence to
4support the verified complaint that the police officer has,
5while under oath, knowingly and willfully made false statements
6as to a material fact going to an element of the offense of
7murder, the administrative law judge shall make a written
8recommendation of dismissal to the Illinois Labor Relations
9Board State Panel. If the administrative law judge finds that
10there is clear and convincing evidence that the police officer
11has, while under oath, knowingly and willfully made false
12statements as to a material fact that goes to an element of the
13offense of murder, the administrative law judge shall make a
14written recommendation so concluding to the Illinois Labor
15Relations Board State Panel. The hearings shall be transcribed.
16The Executive Director of the Illinois Law Enforcement Training
17Standards Board shall be informed of the administrative law
18judge's recommended findings and decision and the Illinois
19Labor Relations Board State Panel's subsequent review of the
20recommendation.
21    (l) An officer named in any complaint filed pursuant to
22this Act shall be indemnified for his or her reasonable
23attorney's fees and costs by his or her employer. These fees
24shall be paid in a regular and timely manner. The State, upon
25application by the public employer, shall reimburse the public
26employer for the accused officer's reasonable attorney's fees

 

 

SB3547- 15 -LRB097 19964 KMW 65261 b

1and costs. At no time and under no circumstances will the
2accused officer be required to pay his or her own reasonable
3attorney's fees or costs.
4    (m) The accused officer shall not be placed on unpaid
5status because of the filing or processing of the verified
6complaint until there is a final non-appealable order
7sustaining his or her guilt and his or her license
8certification is revoked. Nothing in this Act, however,
9restricts the public employer from pursuing discipline against
10the officer in the normal course and under procedures then in
11place.
12    (n) The Illinois Labor Relations Board State Panel shall
13review the administrative law judge's recommended decision and
14order and determine by a majority vote whether or not there was
15clear and convincing evidence that the accused officer, while
16under oath, knowingly and willfully made false statements as to
17a material fact going to the offense of murder. Within 30 days
18of service of the administrative law judge's recommended
19decision and order, the parties may file exceptions to the
20recommended decision and order and briefs in support of their
21exceptions with the Illinois Labor Relations Board State Panel.
22The parties may file responses to the exceptions and briefs in
23support of the responses no later than 15 days after the
24service of the exceptions. If exceptions are filed by any of
25the parties, the Illinois Labor Relations Board State Panel
26shall review the matter and make a finding to uphold, vacate,

 

 

SB3547- 16 -LRB097 19964 KMW 65261 b

1or modify the recommended decision and order. If the Illinois
2Labor Relations Board State Panel concludes that there is clear
3and convincing evidence that the accused officer, while under
4oath, knowingly and willfully made false statements as to a
5material fact going to an element of the offense murder, the
6Illinois Labor Relations Board State Panel shall inform the
7Illinois Law Enforcement Training Standards Board and the
8Illinois Law Enforcement Training Standards Board shall revoke
9the accused officer's license certification. If the accused
10officer appeals that determination to the Appellate Court, as
11provided by this Act, he or she may petition the Appellate
12Court to stay the revocation of his or her license
13certification pending the court's review of the matter.
14    (o) None of the Illinois Labor Relations Board State
15Panel's findings or determinations shall set any precedent in
16any of its decisions decided pursuant to the Illinois Public
17Labor Relations Act by the Illinois Labor Relations Board State
18Panel or the courts.
19    (p) A party aggrieved by the final order of the Illinois
20Labor Relations Board State Panel may apply for and obtain
21judicial review of an order of the Illinois Labor Relations
22Board State Panel, in accordance with the provisions of the
23Administrative Review Law, except that such judicial review
24shall be afforded directly in the Appellate Court for the
25district in which the accused officer resides. Any direct
26appeal to the Appellate Court shall be filed within 35 days

 

 

SB3547- 17 -LRB097 19964 KMW 65261 b

1from the date that a copy of the decision sought to be reviewed
2was served upon the party affected by the decision.
3    (q) Interested parties. Only interested parties to the
4criminal prosecution in which the police officer allegedly,
5while under oath, knowingly and willfully made false statements
6as to a material fact going to an element of the offense of
7murder may file a verified complaint pursuant to this Section.
8For purposes of this Section, "interested parties" shall be
9limited to the defendant and any police officer who has
10personal knowledge that the police officer who is the subject
11of the complaint has, while under oath, knowingly and willfully
12made false statements as to a material fact going to an element
13of the offense of murder.
14    (r) Semi-annual reports. The Executive Director of the
15Illinois Labor Relations Board shall submit semi-annual
16reports to the Governor, President, and Minority Leader of the
17Senate, and to the Speaker and Minority Leader of the House of
18Representatives beginning on June 30, 2004, indicating:
19        (1) the number of verified complaints received since
20    the date of the last report;
21        (2) the number of investigations initiated since the
22    date of the last report;
23        (3) the number of investigations concluded since the
24    date of the last report;
25        (4) the number of investigations pending as of the
26    reporting date;

 

 

SB3547- 18 -LRB097 19964 KMW 65261 b

1        (5) the number of hearings held since the date of the
2    last report; and
3        (6) the number of officers whose licenses have been
4    revoked decertified since the date of the last report.
5(Source: P.A. 96-1551, eff. 7-1-11.)
 
6    (50 ILCS 705/6.2 new)
7    Sec. 6.2. Conversion of certificates to licenses.
8    (a) Beginning on the effective date of this amendatory Act
9of the 97th General Assembly, the Board's recognition of active
10licensed law enforcement officers who have successfully
11completed the prescribed minimum standard basic training
12course for police officers shall be known as licensure rather
13than certification.
14    (b) If an active licensed law enforcement officer has
15successfully completed the prescribed minimum standard basic
16training course for police officers and holds a valid
17certification to that effect on the effective date of this
18amendatory Act of the 97th General Assembly, that certification
19shall be deemed to be a license for the purposes of this Act,
20and the individual shall be issued a license.
21    (c) If, on the effective date of this amendatory Act of the
2297th General Assembly, a law enforcement officer holds a valid
23waiver from one of the certification requirements of this Act
24for police officers, he or she shall be issued a license.
25    (d) The Board shall replace the certificates or other

 

 

SB3547- 19 -LRB097 19964 KMW 65261 b

1evidences of certification or waiver for police officers in use
2on the effective date of this amendatory Act of the 97th
3General Assembly with new credentials reflecting the change in
4nomenclature instituted by this amendatory Act of the 97th
5General Assembly.
6    (e) For the initial 4 years after the effective date of
7this amendatory Act of the 97th General Assembly and
8thereafter, the Board shall issue new licenses on a staggered
9schedule.
 
10    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
11    Sec. 8.1. Full-time police and county corrections
12officers.
13    (a) After January 1, 1976, no person shall receive a
14permanent appointment as a law enforcement officer as defined
15in this Act, nor shall any person receive, after the effective
16date of this amendatory Act of 1984, a permanent appointment as
17a county corrections officer unless that person has been
18awarded, within 6 six months of his or her initial full-time
19employment, a 4-year license and verification certificate
20attesting to his or her successful completion of the Minimum
21Standards Basic Law Enforcement and County Correctional
22Training Course as prescribed by the Board; or has been awarded
23a 4-year license and verification certificate attesting to his
24or her satisfactory completion of a training program of similar
25content and number of hours and which course has been found

 

 

SB3547- 20 -LRB097 19964 KMW 65261 b

1acceptable by the Board under the provisions of this Act; or by
2reason of extensive prior law enforcement or county corrections
3experience the basic training requirement is determined by the
4Board to be illogical and unreasonable.
5    If such training is required and not completed within the
6applicable 6 six months, then the officer must forfeit his or
7her position, or the employing agency must obtain a waiver from
8the Board extending the period for compliance. Such waiver
9shall be issued only for good and justifiable reasons, and in
10no case shall extend more than 90 days beyond the initial 6 six
11months.
12    (a-5) Beginning on the effective date of this amendatory
13Act of the 97th General Assembly, no person shall receive a
14permanent appointment as a county corrections officer unless
15that person has been awarded, within 6 months of his or her
16initial full-time employment, a certificate attesting to his or
17her successful completion of the County Correctional Training
18Course as prescribed by the Board; or has been awarded
19certificate attesting to his or her satisfactory completion of
20a training program of similar content and number of hours in a
21course that has been found acceptable by the Board; or by
22reason of extensive prior law enforcement or county corrections
23experience, the basic training requirement is determined by the
24Board to be waived.
25    If the training is required and not completed within the
26applicable 6 months, then the officer must forfeit his or her

 

 

SB3547- 21 -LRB097 19964 KMW 65261 b

1position, or the employing agency must obtain a waiver from the
2Board extending the period for compliance. Such waiver shall be
3issued only for good and justifiable reasons, and in no case
4shall extend more than 90 days after the expiration of the
5initial 6 six month period.
6    (b) No provision of this Section shall be construed to mean
7that a law enforcement officer employed by a local governmental
8agency at the time of the effective date of this amendatory
9Act, either as a probationary police officer or as a permanent
10police officer, shall require licensure certification under
11the provisions of this Section.
12    No provision of this Section shall be construed to mean
13that a county corrections officer employed by a local
14governmental agency at the time of the effective date of this
15amendatory Act of 1984, either as a probationary county
16corrections or as a permanent county corrections officer, shall
17require certification under the provisions of this Section.
18    No provision of this Section shall be construed to apply to
19licensure certification of elected county sheriffs.
20    (c) This Section does not apply to part-time police
21officers or probationary part-time police officers.
22(Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
 
23    (50 ILCS 705/8.2)
24    Sec. 8.2. Part-time police officers.
25    (a) A person hired to serve as a part-time police officer

 

 

SB3547- 22 -LRB097 19964 KMW 65261 b

1must obtain from the Board a license and verification
2certificate (i) attesting to his or her successful completion
3of the part-time police training course; (ii) attesting to his
4or her satisfactory completion of a training program of similar
5content and number of hours that has been found acceptable by
6the Board under the provisions of this Act; or (iii) attesting
7to the Board's determination that the part-time police training
8course is unnecessary because of the person's extensive prior
9law enforcement experience. A person hired on or after the
10effective date of this amendatory Act of the 92nd General
11Assembly must obtain this certificate within 18 months after
12the initial date of hire as a probationary part-time police
13officer in the State of Illinois. The probationary part-time
14police officer must be enrolled and accepted into a
15Board-approved course within 6 months after active employment
16by any department in the State. A person hired on or after
17January 1, 1996 and before the effective date of this
18amendatory Act of the 92nd General Assembly must obtain this
19license certificate within 18 months after the date of hire. A
20person hired before January 1, 1996 must obtain this license
21certificate within 24 months after the effective date of this
22amendatory Act of 1995.
23    The employing agency may seek a waiver from the Board
24extending the period for compliance. A waiver shall be issued
25only for good and justifiable reasons, and the probationary
26part-time police officer may not practice as a part-time police

 

 

SB3547- 23 -LRB097 19964 KMW 65261 b

1officer during the waiver period. If training is required and
2not completed within the applicable time period, as extended by
3any waiver that may be granted, then the officer must forfeit
4his or her position.
5    (b) (Blank).
6    (c) The part-time police training course referred to in
7this Section shall be of similar content and the same number of
8hours as the courses for full-time officers and shall be
9provided by Mobile Team In-Service Training Units under the
10Intergovernmental Law Enforcement Officer's In-Service
11Training Act or by another approved program or facility in a
12manner prescribed by the Board.
13    (d) For the purposes of this Section, the Board shall adopt
14rules defining what constitutes employment on a part-time
15basis.
16(Source: P.A. 92-533, eff. 3-14-02.)
 
17    (50 ILCS 705/10.8 new)
18    Sec. 10.8. Mandatory law enforcement in-service training.
19Each law enforcement officer, excluding any police chief,
20deputy police chief, or elected sheriff, shall complete a
21minimum of 32 hours of in-service training every 4 years during
22the term of his or her license. The training must be approved
23by the Illinois Law Enforcement Training and Standards Board
24and must be scheduled by the officer's employing agency. This
25requirement may be satisfied by attending any training

 

 

SB3547- 24 -LRB097 19964 KMW 65261 b

1conference that has been approved by the Illinois Law
2Enforcement Training and Standards Board.
 
3    Section 99. Effective date. This Act takes effect January
41, 2014.