State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB1365

 
                                               LRB9105078RCks

 1        AN ACT to amend  the  Illinois  Police  Training  Act  by
 2    changing Section 6 and adding Section 6.1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Police Training Act  is  amended
 6    by changing Section 6 and adding Section 6.1 as follows:

 7        (50 ILCS 705/6) (from Ch. 85, par. 506)
 8        Sec.  6.   Selection  and  certification  of schools. The
 9    Board shall select and certify schools within  the  State  of
10    Illinois  for  the  purpose  of  providing basic training for
11    probationary police officers, probationary county corrections
12    officers,  and  court  security  officers  and  of  providing
13    advanced or in-service training for permanent police officers
14    or permanent county corrections officers, which  schools  may
15    be  either  publicly  or  privately  owned  and operated.  In
16    addition, the Board has the following power and duties:
17             a.  To require local governmental units  to  furnish
18        such reports and information as the Board deems necessary
19        to fully implement this Act.
20             b.  To   establish   appropriate  mandatory  minimum
21        standards relating to the training of probationary  local
22        law   enforcement   officers   or   probationary   county
23        corrections officers.
24             c.  To  provide  appropriate  certification to those
25        probationary  officers  who  successfully  complete   the
26        prescribed minimum standard basic training course.
27             d.  To review and approve annual training curriculum
28        for county sheriffs.
29             e.  To  review  and  approve applicants to ensure no
30        applicant is admitted to a certified academy  unless  the
31        applicant  is a person of good character and has not been
 
                            -2-                LRB9105078RCks
 1        convicted of a felony offense, any of the misdemeanors in
 2        Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,  12-15,
 3        16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or
 4        32-7  of the Criminal Code of 1961 or Section 5 or 5.2 of
 5        the Cannabis Control Act,  or  a  crime  involving  moral
 6        turpitude under the laws of this State or any other state
 7        which if committed in this State would be punishable as a
 8        felony  or  a  crime  of  moral turpitude.  The Board may
 9        appoint  investigators  who  shall  enforce  the   duties
10        conferred upon the Board by this Act.
11    (Source: P.A. 88-461; 89-685, eff. 6-1-97.)

12        (50 ILCS 705/6.1 new)
13        Sec.6.1  Decertification   of   full-time  and  part-time
14    police officers.
15        (a)  The Board must review  police  officer  conduct  and
16    records  to  ensure  that  no  police officer is certified or
17    provided a valid waiver  if  that  police  officer  has  been
18    convicted of a felony offense under the laws of this State or
19    any  other  state  which  if committed in this State would be
20    punishable as a felony. The Board must also  ensure  that  no
21    police  officer  is  certified  or provided a valid waiver if
22    that police officer  has  been  convicted  on  or  after  the
23    effective  date  of  this  amendatory  Act  of  1999  of  any
24    misdemeanor  specified in this Section or if committed in any
25    other state would be an  offense  similar  to  Section  11-6,
26    11-9.1,  11-14,  11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
27    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the  Criminal
28    Code  of  1961 or to Section 5 or 5.2 of the Cannabis Control
29    Act. The Board must  appoint  investigators  to  enforce  the
30    duties conferred upon the Board by this Act.
31        (b)  It is the responsibility of the sheriff or the chief
32    executive  officer  of  every local law enforcement agency or
33    department within this State  to  report  to  the  Board  any
 
                            -3-                LRB9105078RCks
 1    arrest or conviction of any officer for an offense identified
 2    in this Section.
 3        (c)  It is the duty and responsibility of every full-time
 4    and  part-time  police officer in this State to report to the
 5    Board within 30 days, and  the  officer's  sheriff  or  chief
 6    executive  officer, of his or her arrest or conviction for an
 7    offense  identified  in  this  Section.  Any   full-time   or
 8    part-time police officer who knowingly makes, submits, causes
 9    to be submitted, or files a false or untruthful report to the
10    Board  must have his or her certificate or waiver immediately
11    decertified or revoked.
12        (d)  Any person, or a local or State agency, or the Board
13    is immune  from  liability  for  submitting,  disclosing,  or
14    releasing  information  of  arrests  or  convictions  in this
15    Section as long as the information is  submitted,  disclosed,
16    or  released  in good faith and without malice. The Board has
17    qualified immunity for the release of the information.
18        (e)  Any full-time or part-time  police  officer  with  a
19    certificate or waiver issued by the Board who is convicted of
20    any  offense  described  in this Section immediately  becomes
21    decertified  or  no  longer   has   a   valid   waiver.   The
22    decertification  and invalidity of waivers occurs as a matter
23    of law. Failure of a convicted person to report to the  Board
24    his  or  her  conviction  as described in this Section or any
25    continued  law  enforcement  practice   after   receiving   a
26    conviction  is a Class 4 felony.
27        (f)    The  Board's  investigators are peace officers and
28    have all the powers possessed by policemen in cities  and  by
29    sheriff's, provided that the investigators may exercise those
30    powers   anywhere  in  the  State,  only  after  contact  and
31    cooperation  with  the  appropriate  local  law   enforcement
32    authorities.
33        (g)  The  Board  must request and receive information and
34    assistance from any federal,  state,  or  local  governmental
 
                            -4-                LRB9105078RCks
 1    agency   as   part  of  the  authorized  criminal  background
 2    investigation.  The  Federal  Bureau  of  Investigation  must
 3    provide the Board any  criminal  history  record  information
 4    contained in its files pertaining to law enforcement officers
 5    or  any  applicant to a Board certified basic law enforcement
 6    academy  as  described  in  this  Act  based  on  fingerprint
 7    identification. The Board must make payment of  fees  to  the
 8    Department   of   State  Police  for  each  fingerprint  card
 9    submission in conformance with the requirements of  paragraph
10    22  of  Section  55a  of  the  Civil  Administrative  Code of
11    Illinois.

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