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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1365enr HB1365 Enrolled 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 HB1365 Enrolled -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 HB1365 Enrolled -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 HB1365 Enrolled -4- LRB9105078RCks 1 agency as part of the authorized criminal background 2 investigation. The Department of State Police must process, 3 retain, and additionally provide and disseminate information 4 to the Board concerning criminal charges, arrests, 5 convictions, and their disposition, that have been filed 6 before, on, or after the effective date of this amendatory 7 Act of the 91st General Assembly against a basic academy 8 applicant, law enforcement applicant, or law enforcement 9 officer whose fingerprint identification cards are on file or 10 maintained by the Department of State Police. The Federal 11 Bureau of Investigation must provide the Board any criminal 12 history record information contained in its files pertaining 13 to law enforcement officers or any applicant to a Board 14 certified basic law enforcement academy as described in this 15 Act based on fingerprint identification. The Board must make 16 payment of fees to the Department of State Police for each 17 fingerprint card submission in conformance with the 18 requirements of paragraph 22 of Section 55a of the Civil 19 Administrative Code of Illinois.