101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5814

 

Introduced 11/10/2020, by Rep. Lamont J. Robinson, Jr. - Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the provisions of the Illinois Police Training Act are applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers. Amends the Illinois Police Training Act. Adds 6 public members and 6 retired police officers, appointed by the Governor, to the Illinois Law Enforcement Training Standards Board. Requires full-time and part-time police officers to be licensed rather than certified. Provides that the Illinois Law Enforcement Training Standards Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that the revocation of a license or certification of a police officer is permanent. Provides that the Board shall, by rule, provide for the decertification or revocation of a license of a police officer who commits non-criminal misconduct that results in disciplinary action against the police officer. Provides that the types of misconduct that are grounds for decertification or revocation of a police officer's license shall be determined by the Board by rule. Establishes hearing procedures on decertification. Provides that the provisions are operative no later than one year after the Act's effective date. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that notwithstanding any other provision of law to the contrary, the Act does not apply to a peace officer as defined in the Criminal Code of 2012. Contains other provisions. Amends various other Acts to make conforming changes. Effective immediately.


LRB101 21714 RLC 72659 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5814LRB101 21714 RLC 72659 b

1    AN ACT concerning police.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Law Enforcement Criminal Sexual Assault
5Investigation Act is amended by changing Section 10 as follows:
 
6    (5 ILCS 815/10)
7    Sec. 10. Investigation of officer-involved criminal
8assault; requirements.
9    (a) Each law enforcement agency shall have a written policy
10regarding the investigation of officer-involved criminal
11sexual assault that involves a law enforcement officer employed
12by that law enforcement agency.
13    (b) Each officer-involved criminal sexual assault
14investigation shall be conducted by at least 2 investigators or
15an entity comprised of at least 2 investigators, one of whom
16shall be the lead investigator. The investigators shall have
17completed a specialized sexual assault and sexual abuse
18investigation training program approved by the Illinois Law
19Enforcement Training Standards Board or similar training
20approved by the Department of State Police. No investigator
21involved in the investigation may be employed by the law
22enforcement agency that employs the officer involved in the
23officer-involved criminal sexual assault, unless the

 

 

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1investigator is employed by the Department of State Police or a
2municipality with a population over 1,000,000 and is not
3assigned to the same division or unit as the officer involved
4in the criminal sexual assault.
5    (c) Upon receipt of an allegation or complaint of an
6officer-involved criminal sexual assault, a municipality with
7a population over 1,000,000 shall promptly notify an
8independent agency, created by ordinance of the municipality,
9tasked with investigating incidents of police misconduct.
10(Source: P.A. 100-515, eff. 1-1-18.)
 
11    Section 10. The Department of State Police Law of the Civil
12Administrative Code of Illinois is amended by changing Sections
132605-5, 2605-54, 2605-85, 2605-90, 2605-96, 2605-97, and
142605-98, and 2605-375 and by adding Section 2605-53.5 as
15follows:
 
16    (20 ILCS 2605/2605-5)
17    Sec. 2605-5. Definitions. In this Law:
18    "Board" means the Illinois Law Enforcement Training
19Standards Board.
20    "Department" means the Department of State Police.
21    "Director" means the Director of State Police.
22    "Missing endangered senior" means an individual 65 years of
23age or older or a person with Alzheimer's disease or related
24dementias who is reported missing to a law enforcement agency

 

 

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1and is, or is believed to be:
2        (1) a temporary or permanent resident of Illinois;
3        (2) at a location that cannot be determined by an
4    individual familiar with the missing individual; and
5        (3) incapable of returning to the individual's
6    residence without assistance.
7(Source: P.A. 96-442, eff. 1-1-10.)
 
8    (20 ILCS 2605/2605-53.5 new)
9    Sec. 2605-53.5. Applicability of the Illinois Police
10Training Act.The provisions of the Illinois Police Training Act
11are applicable to the training, certification, licensing,
12decertification, and revocation of licenses of State Police
13officers.
 
14    (20 ILCS 2605/2605-54)
15    Sec. 2605-54. Training policy; persons arrested while
16under the influence of alcohol or drugs. The Board Department
17shall adopt a policy and provide training to State Police
18officers concerning response and care for persons under the
19influence of alcohol or drugs. The policy shall be consistent
20with the Substance Use Disorder Act and shall provide guidance
21for the arrest of persons under the influence of alcohol or
22drugs, proper medical attention if warranted, and care and
23release of those persons from custody. The policy shall provide
24guidance concerning the release of persons arrested under the

 

 

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1influence of alcohol or drugs who are under the age of 21 years
2of age which shall include, but not be limited to, language
3requiring the arresting officer to make a reasonable attempt to
4contact a responsible adult who is willing to take custody of
5the person who is under the influence of alcohol or drugs.
6(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)
 
7    (20 ILCS 2605/2605-85)
8    Sec. 2605-85. Training; cultural diversity. The Board
9Department shall provide training and continuing education to
10State Police officers concerning cultural diversity, including
11sensitivity toward racial and ethnic differences. This
12training and continuing education shall include, but not be
13limited to, an emphasis on the fact that the primary purpose of
14enforcement of the Illinois Vehicle Code is safety and equal
15and uniform enforcement under the law.
16(Source: P.A. 93-209, eff. 7-18-03.)
 
17    (20 ILCS 2605/2605-90)
18    Sec. 2605-90. Training; death and homicide investigations.
19The Board Department shall provide training in death and
20homicide investigation for State police officers. Only State
21police officers who successfully complete the training may be
22assigned as lead investigators in death and homicide
23investigations. Satisfactory completion of the training shall
24be evidenced by a certificate issued to the officer by the

 

 

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1Department.
2    The Board Director shall develop a process for waiver
3applications for those officers whose prior training and
4experience as homicide investigators may qualify them for a
5waiver. The Board Director may issue a waiver at his or her
6discretion, based solely on the prior training and experience
7of an officer as a homicide investigator.
8(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.)
 
9    (20 ILCS 2605/2605-96)
10    Sec. 2605-96. Training; Post-Traumatic Stress Disorder
11(PTSD). The Board Department shall conduct or approve a
12training program in Post-Traumatic Stress Disorder (PTSD) for
13State police officers. The purpose of that training shall be to
14equip State police officers to identify the symptoms of PTSD
15and to respond appropriately to individuals exhibiting those
16symptoms.
17(Source: P.A. 97-1040, eff. 1-1-13.)
 
18    (20 ILCS 2605/2605-97)
19    Sec. 2605-97. Training; opioid antagonists. The Board
20Department shall conduct or approve a training program for
21State police officers in the administration of opioid
22antagonists as defined in paragraph (1) of subsection (e) of
23Section 5-23 of the Substance Use Disorder Act that is in
24accordance with that Section. As used in this Section 2605-97,

 

 

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1the term "State police officers" includes full-time or
2part-time State troopers, police officers, investigators, or
3any other employee of the Department exercising the powers of a
4peace officer.
5(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
 
6    (20 ILCS 2605/2605-98)
7    Sec. 2605-98. Training; sexual assault and sexual abuse.
8    (a) The Board Department of State Police shall conduct or
9approve training programs in trauma-informed responses and
10investigations of sexual assault and sexual abuse, which
11include, but is not limited to, the following:
12        (1) recognizing the symptoms of trauma;
13        (2) understanding the role trauma has played in a
14    victim's life;
15        (3) responding to the needs and concerns of a victim;
16        (4) delivering services in a compassionate, sensitive,
17    and nonjudgmental manner;
18        (5) interviewing techniques in accordance with the
19    curriculum standards in subsection (f) of this Section;
20        (6) understanding cultural perceptions and common
21    myths of sexual assault and sexual abuse; and
22        (7) report writing techniques in accordance with the
23    curriculum standards in subsection (f) of this Section.
24    (b) This training must be presented in all full and
25part-time basic law enforcement academies on or before July 1,

 

 

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12018.
2    (c) The Board Department must present this training to all
3State police officers within 3 years after the effective date
4of this amendatory Act of the 99th General Assembly and must
5present in-service training on sexual assault and sexual abuse
6response and report writing training requirements every 3
7years.
8    (d) The Board Department must provide to all State police
9officers who conduct sexual assault and sexual abuse
10investigations, specialized training on sexual assault and
11sexual abuse investigations within 2 years after the effective
12date of this amendatory Act of the 99th General Assembly and
13must present in-service training on sexual assault and sexual
14abuse investigations to these officers every 3 years.
15    (e) Instructors providing this training shall have
16successfully completed training on evidence-based,
17trauma-informed, victim-centered responses to cases of sexual
18assault and sexual abuse and have experience responding to
19sexual assault and sexual abuse cases.
20    (f) The Board Department shall adopt rules, in consultation
21with the Office of the Illinois Attorney General and the
22Illinois Law Enforcement Training Standards Board, to
23determine the specific training requirements for these
24courses, including, but not limited to, the following:
25        (1) evidence-based curriculum standards for report
26    writing and immediate response to sexual assault and sexual

 

 

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1    abuse, including trauma-informed, victim-centered
2    interview techniques, which have been demonstrated to
3    minimize retraumatization, for all State police officers;
4    and
5        (2) evidence-based curriculum standards for
6    trauma-informed, victim-centered investigation and
7    interviewing techniques, which have been demonstrated to
8    minimize retraumatization, for cases of sexual assault and
9    sexual abuse for all State Police officers who conduct
10    sexual assault and sexual abuse investigations.
11(Source: P.A. 99-801, eff. 1-1-17.)
 
12    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
13    Sec. 2605-375. Missing persons; Law Enforcement Agencies
14Data System (LEADS).
15    (a) To establish and maintain a statewide Law Enforcement
16Agencies Data System (LEADS) for the purpose of providing
17electronic access by authorized entities to criminal justice
18data repositories and effecting an immediate law enforcement
19response to reports of missing persons, including lost, missing
20or runaway minors, lost or missing individuals with
21developmental or intellectual disabilities, and missing
22endangered seniors. The Department shall implement an
23automatic data exchange system to compile, to maintain, and to
24make available to other law enforcement agencies for immediate
25dissemination data that can assist appropriate agencies in

 

 

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1recovering missing persons and provide access by authorized
2entities to various data repositories available through LEADS
3for criminal justice and related purposes. To assist the
4Department in this effort, funds may be appropriated from the
5LEADS Maintenance Fund. Funds may be appropriated from the
6LEADS Maintenance Fund to the Department to finance any of its
7lawful purposes or functions in relation to defraying the
8expenses associated with establishing, maintaining, and
9supporting the issuance of electronic citations.
10    (b) In exercising its duties under this Section, the
11Department shall provide a uniform reporting format (LEADS) for
12the entry of pertinent information regarding the report of a
13missing person into LEADS. The report must include all of the
14following:
15        (1) Relevant information obtained from the
16    notification concerning the missing person, including all
17    of the following:
18            (A) a physical description of the missing person;
19            (B) the date, time, and place that the missing
20        person was last seen; and
21            (C) the missing person's address.
22        (2) Information gathered by a preliminary
23    investigation, if one was made.
24        (3) A statement by the law enforcement officer in
25    charge stating the officer's assessment of the case based
26    on the evidence and information received.

 

 

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1    (b-5) The Department of State Police shall:
2        (1) Develop and implement a policy whereby a statewide
3    or regional alert would be used in situations relating to
4    the disappearances of individuals, based on criteria and in
5    a format established by the Department. Such a format shall
6    include, but not be limited to, the age of the missing
7    person and the suspected circumstance of the
8    disappearance.
9        (2) Notify all law enforcement agencies that reports of
10    missing persons shall be entered as soon as the minimum
11    level of data specified by the Department is available to
12    the reporting agency and that no waiting period for the
13    entry of the data exists.
14        (3) Compile and retain information regarding lost,
15    abducted, missing, or runaway minors in a separate data
16    file, in a manner that allows that information to be used
17    by law enforcement and other agencies deemed appropriate by
18    the Director, for investigative purposes. The information
19    shall include the disposition of all reported lost,
20    abducted, missing, or runaway minor cases.
21        (4) Compile and maintain an historic data repository
22    relating to lost, abducted, missing, or runaway minors and
23    other missing persons, including, but not limited to, lost
24    or missing individuals with developmental or intellectual
25    disabilities and missing endangered seniors, in order to
26    develop and improve techniques utilized by law enforcement

 

 

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1    agencies when responding to reports of missing persons.
2        (5) Create a quality control program regarding
3    confirmation of missing person data, timeliness of entries
4    of missing person reports into LEADS, and performance
5    audits of all entering agencies.
6    (c) The Illinois Law Enforcement Training Standards Board
7shall conduct a training program for law enforcement personnel
8of State and local governmental agencies in the Missing Persons
9Identification Act.
10    (d) The Department of State Police shall perform the duties
11prescribed in the Missing Persons Identification Act, subject
12to appropriation.
13(Source: P.A. 100-662, eff. 1-1-19.)
 
14    Section 15. The State Police Act is amended by changing
15Sections 8, 40, and 45 as follows:
 
16    (20 ILCS 2610/8)  (from Ch. 121, par. 307.8)
17    Sec. 8. Except as otherwise provided in the Illinois Police
18Training Act, the The Board shall exercise jurisdiction over
19the certification for appointment and promotion, and over the
20discipline, removal, demotion and suspension of Department of
21State Police officers. Pursuant to recognized merit principles
22of public employment, the Board shall formulate, adopt, and put
23into effect rules, regulations and procedures for its operation
24and the transaction of its business. The Board shall establish

 

 

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1a classification of ranks of persons subject to its
2jurisdiction and shall set standards and qualifications for
3each rank. Each Department of State Police officer appointed by
4the Director shall be classified as a State Police officer as
5follows: trooper, sergeant, master sergeant, lieutenant,
6captain, major, or Special Agent. In case of a conflict between
7this Act and the Illinois Police Training Act, the provisions
8of the Illinois Police Training Act shall prevail.
9(Source: P.A. 100-49, eff. 1-1-18.)
 
10    (20 ILCS 2610/40)
11    Sec. 40. Training; administration of epinephrine.
12    (a) This Section, along with Section 10.19 of the Illinois
13Police Training Act, may be referred to as the Annie LeGere
14Law.
15    (b) For the purposes of this Section, "epinephrine
16auto-injector" means a single-use device used for the automatic
17injection of a pre-measured dose of epinephrine into the human
18body prescribed in the name of the Department.
19    (c) The Illinois Law Enforcement Training Standards Board
20Department may conduct or approve a training program for State
21Police officers to recognize and respond to anaphylaxis,
22including, but not limited to:
23        (1) how to recognize symptoms of an allergic reaction;
24        (2) how to respond to an emergency involving an
25    allergic reaction;

 

 

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1        (3) how to administer an epinephrine auto-injector;
2        (4) how to respond to an individual with a known
3    allergy as well as an individual with a previously unknown
4    allergy;
5        (5) a test demonstrating competency of the knowledge
6    required to recognize anaphylaxis and administer an
7    epinephrine auto-injector; and
8        (6) other criteria as determined in rules adopted by
9    the Illinois Law Enforcement Training Standards Board
10    Department.
11    (d) The Department may authorize a State Police officer who
12has completed the training program under subsection (c) to
13carry, administer, or assist with the administration of
14epinephrine auto-injectors whenever he or she is performing
15official duties.
16    (e) The Department must establish a written policy to
17control the acquisition, storage, transportation,
18administration, and disposal of epinephrine auto-injectors
19before it allows any State Police officer to carry and
20administer epinephrine auto-injectors.
21    (f) A physician, physician physician's assistant with
22prescriptive authority, or advanced practice registered nurse
23with prescriptive authority may provide a standing protocol or
24prescription for epinephrine auto-injectors in the name of the
25Department to be maintained for use when necessary.
26    (g) When a State Police officer administers an epinephrine

 

 

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1auto-injector in good faith, the officer and the Department,
2and its employees and agents, including a physician, physician
3physician's assistant with prescriptive authority, or advanced
4practice registered nurse with prescriptive authority who
5provides a standing order or prescription for an epinephrine
6auto-injector, incur no civil or professional liability,
7except for willful and wanton conduct, as a result of any
8injury or death arising from the use of an epinephrine
9auto-injector.
10(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
11100-648, eff. 7-31-18; revised 1-14-20.)
 
12    (20 ILCS 2610/45)
13    Sec. 45. Compliance with the Health Care Violence
14Prevention Act; training. The Department shall comply with the
15Health Care Violence Prevention Act. The Illinois Law
16Enforcement Training Standards Board and shall provide an
17appropriate level of training for its officers concerning the
18Health Care Violence Prevention Act.
19(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
 
20    Section 20. The Illinois Police Training Act is amended by
21changing Sections 2, 3, 6, 6.1, 8.1, and 8.2 and adding Section
226.3 as follows:
 
23    (50 ILCS 705/2)  (from Ch. 85, par. 502)

 

 

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

 

 

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

 

 

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1    "Permanent county corrections officer" means a county
2corrections officer who has completed his probationary period
3and is permanently employed on a full-time basis as a county
4corrections officer by a participating local governmental
5unit.
6    "County corrections officer" means any sworn officer of the
7sheriff who is primarily responsible for the control and
8custody of offenders, detainees or inmates.
9    "Probationary court security officer" means a recruit
10court security officer required to successfully complete
11initial minimum basic training requirements at a designated
12training school to be eligible for employment as a court
13security officer.
14    "Permanent court security officer" means a court security
15officer who has completed his or her probationary period and is
16employed as a court security officer by a participating local
17governmental unit.
18    "Court security officer" has the meaning ascribed to it in
19Section 3-6012.1 of the Counties Code.
20(Source: P.A. 94-846, eff. 1-1-07.)
 
21    (50 ILCS 705/3)  (from Ch. 85, par. 503)
22    Sec. 3. Board - composition - appointments - tenure -
23vacancies. The Board shall be composed of 30 18 members
24selected as follows: The Attorney General of the State of
25Illinois, the Director of State Police, the Director of

 

 

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1Corrections, the Superintendent of the Chicago Police
2Department, the Sheriff of Cook County, the Clerk of the
3Circuit Court of Cook County, and the following to be appointed
4by the Governor: 2 mayors or village presidents of Illinois
5municipalities, 2 Illinois county sheriffs from counties other
6than Cook County, 2 managers of Illinois municipalities, 2
7chiefs of municipal police departments in Illinois having no
8Superintendent of the Police Department on the Board, 2
9citizens of Illinois who shall be members of an organized
10enforcement officers' association, one active member of a
11statewide association representing sheriffs, and one active
12member of a statewide association representing municipal
13police chiefs, 6 retired police officers, and 6 public members.
14The appointments of the Governor shall be made on the first
15Monday of August in 1965 with 3 of the appointments to be for a
16period of one year, 3 for 2 years, and 3 for 3 years. Their
17successors shall be appointed in like manner for terms to
18expire the first Monday of August each 3 years thereafter. All
19members shall serve until their respective successors are
20appointed and qualify. Vacancies shall be filled by the
21Governor for the unexpired terms.
22(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
 
23    (50 ILCS 705/6)  (from Ch. 85, par. 506)
24    Sec. 6. Powers and duties of the Board; selection and
25certification of schools. The Board shall select and certify

 

 

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1schools within the State of Illinois for the purpose of
2providing basic training for probationary police officers,
3probationary county corrections officers, and court security
4officers and of providing advanced or in-service training for
5permanent police officers or permanent county corrections
6officers, which schools may be either publicly or privately
7owned and operated. In addition, the Board has the following
8power and duties:
9        a. To require local governmental units to furnish such
10    reports and information as the Board deems necessary to
11    fully implement this Act, including, but not limited to,
12    personnel rosters, employment status reports, and annual
13    training plans.
14        b. To establish appropriate mandatory minimum
15    standards relating to the training of probationary local
16    law enforcement officers or probationary county
17    corrections officers, and in-service training of permanent
18    police officers.
19        c. To provide appropriate licensure or certification
20    to those probationary officers who successfully complete
21    the prescribed minimum standard basic training course.
22        d. To review and approve annual training curriculum for
23    county sheriffs.
24        e. To review and approve applicants to ensure that no
25    applicant is admitted to a certified academy unless the
26    applicant is a person of good character and has not been

 

 

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1    convicted of, or entered a plea of guilty to, a felony
2    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
3    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
4    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
5    Criminal Code of 1961 or the Criminal Code of 2012,
6    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
7    Criminal Code of 1961 or the Criminal Code of 2012, or
8    subsection (a) of Section 17-32 of the Criminal Code of
9    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
10    the Cannabis Control Act, or a crime involving moral
11    turpitude under the laws of this State or any other state
12    which if committed in this State would be punishable as a
13    felony or a crime of moral turpitude. The Board may appoint
14    investigators who shall enforce the duties conferred upon
15    the Board by this Act.
16        f. To be the licensing authority for all police
17    officers employed by the State or a unit of local
18    government.
19(Source: P.A. 101-187, eff. 1-1-20.)
 
20    (50 ILCS 705/6.1)
21    Sec. 6.1. Revocation of license or decertification
22Decertification of full-time and part-time police officers.
23    (a) The Board must review police officer conduct and
24records to ensure that no police officer is licensed certified
25or provided a valid waiver if that police officer has been

 

 

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1convicted of or has pled guilty to, or entered a plea of guilty
2to, a felony offense under the laws of this State or any other
3state which if committed in this State would be punishable as a
4felony. The Board must also ensure that no police officer is
5licensed certified or provided a valid waiver if that police
6officer has been convicted of, or entered a plea of guilty to,
7on or after the effective date of this amendatory Act of 1999
8of any misdemeanor specified in this Section or if committed in
9any other state would be an offense similar to Section 11-1.50,
1011-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
1117-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
12Criminal Code of 1961 or the Criminal Code of 2012, to
13subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
14Criminal Code of 1961 or the Criminal Code of 2012, or
15subsection (a) of Section 17-32 of the Criminal Code of 1961 or
16the Criminal Code of 2012, or to Section 5 or 5.2 of the
17Cannabis Control Act. The Board must appoint investigators to
18enforce the duties conferred upon the Board by this Act.
19    (a-5) The Board shall, by rule, provide for the
20decertification or revocation of a license of a police officer
21who commits non-criminal misconduct that results in
22disciplinary action against the police officer. The types of
23misconduct that are grounds for decertification or revocation
24of a police officer's license shall be determined by the Board
25by rule.
26    (b) It is the responsibility of the sheriff or the chief

 

 

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1executive officer of every local law enforcement agency or
2department within this State to report to the Board any arrest,
3conviction, or plea of guilty of any officer for an offense
4identified in this Section.
5    (c) It is the duty and responsibility of every full-time
6and part-time police officer in this State to report to the
7Board within 30 days, and the officer's sheriff or chief
8executive officer, of his or her arrest, conviction, or plea of
9guilty for an offense identified in this Section. Any full-time
10or part-time police officer who knowingly makes, submits,
11causes to be submitted, or files a false or untruthful report
12to the Board must have his or her license certificate or waiver
13immediately decertified or revoked.
14    (d) Any person, or a local or State agency, or the Board is
15immune from liability for submitting, disclosing, or releasing
16information of arrests, convictions, or pleas of guilty in this
17Section as long as the information is submitted, disclosed, or
18released in good faith and without malice. The Board has
19qualified immunity for the release of the information.
20    (e) Whenever a Any full-time or part-time police officer
21with a license certificate or waiver issued by the Board who is
22convicted of or pleads guilty to, or entered a plea of guilty
23to, any offense described in this Section, his or her license
24or waiver is automatically revoked by operation of law
25immediately becomes decertified or no longer has a valid
26waiver. The decertification and invalidity of waivers occurs as

 

 

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1a matter of law. Failure of a convicted person to report to the
2Board his or her conviction as described in this Section or any
3continued law enforcement practice after receiving a
4conviction is a Class 4 felony.
5    (f) The Board's investigators are peace officers and have
6all the powers possessed by policemen in cities and by
7sheriff's, and these investigators may exercise those powers
8anywhere in the State. An investigator shall not have peace
9officer status or exercise police powers unless he or she
10successfully completes the basic police training course
11mandated and approved by the Board or the Board waives the
12training requirement by reason of the investigator's prior law
13enforcement experience, training, or both. The Board shall not
14waive the training requirement unless the investigator has had
15a minimum of 5 years experience as a sworn officer of a local,
16State, or federal law enforcement agency.
17    (g) The Board must request and receive information and
18assistance from any federal, state, or local governmental
19agency as part of the authorized criminal background
20investigation. The Department of State Police must process,
21retain, and additionally provide and disseminate information
22to the Board concerning criminal charges, arrests,
23convictions, and their disposition, that have been filed
24before, on, or after the effective date of this amendatory Act
25of the 91st General Assembly against a basic academy applicant,
26law enforcement applicant, or law enforcement officer whose

 

 

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

 

 

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

 

 

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

 

 

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1conducted, the complaint shall be dismissed. This decision is
2in the Executive Director's sole discretion, and this dismissal
3may not be appealed.
4    If the Executive Director of the Illinois Labor Relations
5Board State Panel determines that there is sufficient evidence
6to warrant a hearing, a hearing shall be ordered on the
7verified complaint, to be conducted by an administrative law
8judge employed by the Illinois Labor Relations Board State
9Panel. The Executive Director of the Illinois Labor Relations
10Board State Panel shall inform the Executive Director of the
11Illinois Law Enforcement Training Standards Board and the
12person who filed the complaint of either the dismissal of the
13complaint or the issuance of the complaint for hearing. The
14Executive Director shall assign the complaint to the
15administrative law judge within 30 days of the decision
16granting a hearing.
17    (k) In the case of a finding of guilt on the offense of
18murder, if a new trial is granted on direct appeal, or a state
19post-conviction evidentiary hearing is ordered, based on a
20claim that a police officer, under oath, knowingly and
21willfully made false statements as to a material fact going to
22an element of the offense of murder, the Illinois Labor
23Relations Board State Panel shall hold a hearing to determine
24whether the officer should be decertified or have his or her
25license or waiver revoked if an interested party requests such
26a hearing within 2 years of the court's decision. The complaint

 

 

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1shall be assigned to an administrative law judge within 30 days
2so that a hearing can be scheduled.
3    At the hearing, the accused officer shall be afforded the
4opportunity to:
5        (1) Be represented by counsel of his or her own
6    choosing;
7        (2) Be heard in his or her own defense;
8        (3) Produce evidence in his or her defense;
9        (4) Request that the Illinois Labor Relations Board
10    State Panel compel the attendance of witnesses and
11    production of related documents including but not limited
12    to court documents and records.
13    Once a case has been set for hearing, the verified
14complaint shall be referred to the Department of Financial and
15Professional Regulation. That office shall prosecute the
16verified complaint at the hearing before the administrative law
17judge. The Department of Financial and Professional Regulation
18shall have the opportunity to produce evidence to support the
19verified complaint and to request the Illinois Labor Relations
20Board State Panel to compel the attendance of witnesses and the
21production of related documents, including, but not limited to,
22court documents and records. The Illinois Labor Relations Board
23State Panel shall have the power to issue subpoenas requiring
24the attendance of and testimony of witnesses and the production
25of related documents including, but not limited to, court
26documents and records and shall have the power to administer

 

 

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

 

 

HB5814- 30 -LRB101 21714 RLC 72659 b

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

 

 

HB5814- 31 -LRB101 21714 RLC 72659 b

1support of the responses no later than 15 days after the
2service of the exceptions. If exceptions are filed by any of
3the parties, the Illinois Labor Relations Board State Panel
4shall review the matter and make a finding to uphold, vacate,
5or modify the recommended decision and order. If the Illinois
6Labor Relations Board State Panel concludes that there is clear
7and convincing evidence that the accused officer, while under
8oath, knowingly and willfully made false statements as to a
9material fact going to an element of the offense murder, the
10Illinois Labor Relations Board State Panel shall inform the
11Illinois Law Enforcement Training Standards Board and the
12Illinois Law Enforcement Training Standards Board shall revoke
13the accused officer's, license, or waiver certification. If the
14accused officer appeals that determination to the Appellate
15Court, as provided by this Act, he or she may petition the
16Appellate Court to stay the revocation of his or her
17certification, license, or waiver pending the court's review of
18the matter.
19    (o) None of the Illinois Labor Relations Board State
20Panel's findings or determinations shall set any precedent in
21any of its decisions decided pursuant to the Illinois Public
22Labor Relations Act by the Illinois Labor Relations Board State
23Panel or the courts.
24    (p) A party aggrieved by the final order of the Illinois
25Labor Relations Board State Panel may apply for and obtain
26judicial review of an order of the Illinois Labor Relations

 

 

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1Board State Panel, in accordance with the provisions of the
2Administrative Review Law, except that such judicial review
3shall be afforded directly in the Appellate Court for the
4district in which the accused officer resides. Any direct
5appeal to the Appellate Court shall be filed within 35 days
6from the date that a copy of the decision sought to be reviewed
7was served upon the party affected by the decision.
8    (q) Interested parties. Only interested parties to the
9criminal prosecution in which the police officer allegedly,
10while under oath, knowingly and willfully made false statements
11as to a material fact going to an element of the offense of
12murder may file a verified complaint pursuant to this Section.
13For purposes of this Section, "interested parties" shall be
14limited to the defendant and any police officer who has
15personal knowledge that the police officer who is the subject
16of the complaint has, while under oath, knowingly and willfully
17made false statements as to a material fact going to an element
18of the offense of murder.
19    (r) Semi-annual reports. The Executive Director of the
20Illinois Labor Relations Board shall submit semi-annual
21reports to the Governor, President, and Minority Leader of the
22Senate, and to the Speaker and Minority Leader of the House of
23Representatives beginning on June 30, 2004, indicating:
24        (1) the number of verified complaints received since
25    the date of the last report;
26        (2) the number of investigations initiated since the

 

 

HB5814- 33 -LRB101 21714 RLC 72659 b

1    date of the last report;
2        (3) the number of investigations concluded since the
3    date of the last report;
4        (4) the number of investigations pending as of the
5    reporting date;
6        (5) the number of hearings held since the date of the
7    last report; and
8        (6) the number of officers decertified or whose
9    licenses have been revoked since the date of the last
10    report.
11    (s) A police officer who has been licensed, certified, or
12granted a valid waiver shall also be decertified or have his or
13her license or waiver revoked upon a determination by the
14Illinois Labor Relations Board State Panel that he or she, on
15or after the operative date of this amendatory Act of the 101st
16General Assembly, while serving as a police officer with a
17department or agency, has knowingly and willfully violated a
18rule or regulation of the department or agency that has as a
19penalty the discharge or dismissal of the officer from the
20department or agency.
21    In the case of an officer who resigned or retired from the
22department or agency before a formal determination, pursuant to
23department or agency rules and regulations, is made on the
24alleged violation, a verified complaint may be filed with the
25Board alleging that the officer, on or after the operative date
26of this amendatory Act of the 101st General Assembly, knowingly

 

 

HB5814- 34 -LRB101 21714 RLC 72659 b

1and willfully violated a rule or regulation of his or her
2former department or agency that results or may result in the
3officer's discharge or dismissal from the department or agency.
4        (1) A verified complaint may be filed under this
5    subsection (s) by the department or agency that employed
6    the officer, but only if the complaint is signed by all of
7    following:
8            (A) For a former police officer of a municipality:
9                (i) the chief executive of the municipality;
10                (ii) the head of the municipality's police
11            commission, if applicable;
12                (iii) the police department chief of police or
13            chief executive officer;
14                (iv) the labor representative, if applicable;
15            and
16                (v) the State's Attorney for the county in
17            which the officer was employed.
18            (B) For a former county sheriff or deputy sheriff:
19                (i) the county board chairperson;
20                (ii) the sheriff;
21                (iii) the labor representative, if applicable;
22            and
23                (iv) the State's Attorney for the county in
24            which the officer was employed.
25            (C) For a former State Police officer by the
26        Director of the Illinois State Police.

 

 

HB5814- 35 -LRB101 21714 RLC 72659 b

1        The verified complaint must be filed with the Executive
2    Director within 2 years after the officer's resignation or
3    retirement.
4        (2) Within 30 days after receiving the verified
5    complaint, the Executive Director of the Illinois Law
6    Enforcement Training Standards Board shall review the
7    verified complaint and determine whether the verified
8    complaint is frivolous and without merit, or whether
9    further investigation is warranted. The Illinois Law
10    Enforcement Training Standards Board shall notify the
11    officer and the Executive Director of the Illinois Labor
12    Relations Board State Panel of the filing of the complaint
13    and any action taken thereon. If the Executive Director of
14    the Illinois Law Enforcement Training Standards Board
15    determines that the verified complaint is frivolous and
16    without merit, then the complaint shall be dismissed. The
17    Executive Director of the Illinois Law Enforcement
18    Training Standards Board has the sole discretion to make
19    this determination. The determination is not subject to
20    appeal.
21        (3) If the Executive Director of the Illinois Law
22    Enforcement Training Standards Board determines that the
23    verified complaint warrants further investigation, then he
24    or she shall refer the matter to a task force of
25    investigators created for this purpose. This task force
26    shall consist of 8 sworn police officers: 2 from the

 

 

HB5814- 36 -LRB101 21714 RLC 72659 b

1    Illinois State Police, 2 from the City of Chicago Police
2    Department, 2 from county police departments, and 2 from
3    municipal police departments. These investigators shall
4    have a minimum of 5 years of experience in conducting
5    investigations. The investigators shall be appointed by
6    the Executive Director of the Illinois Law Enforcement
7    Training Standards Board. Any officer or officers acting in
8    this capacity pursuant to this paragraph shall have
9    statewide police authority while acting in this
10    investigative capacity. Their salaries and expenses for
11    the time spent conducting investigations under this
12    paragraph shall be reimbursed by the Illinois Law
13    Enforcement Training Standards Board.
14        (4) The task force investigators shall conduct an
15    investigation of the verified complaint and shall file a
16    written report of their findings. The report shall be
17    submitted to the Executive Director of the Illinois Labor
18    Relations Board State Panel.
19        Within 30 days after receiving the report, the
20    Executive Director of the Illinois Labor Relations Board
21    State Panel shall review the investigative report and
22    determine whether sufficient evidence exists to conduct an
23    evidentiary hearing on the verified complaint. If the
24    Executive Director of the Illinois Labor Relations Board
25    State Panel determines upon his or her review of the
26    investigatory report that a hearing should not be

 

 

HB5814- 37 -LRB101 21714 RLC 72659 b

1    conducted, the complaint shall be dismissed. This decision
2    is in the Executive Director's sole discretion, and a
3    dismissal may not be appealed.
4        If the Executive Director of the Illinois Labor
5    Relations Board State Panel determines that there is
6    sufficient evidence to warrant a hearing, then a hearing
7    shall be ordered on the verified complaint, to be conducted
8    by an administrative law judge employed by the Illinois
9    Labor Relations Board State Panel. The Executive Director
10    of the Illinois Labor Relations Board State Panel shall
11    inform the Executive Director of the Illinois Law
12    Enforcement Training Standards Board and the department or
13    agency that filed the complaint of the dismissal of the
14    complaint or the issuance of the complaint for hearing. The
15    Executive Director of the Illinois Labor Relations Board
16    State Panel shall assign the complaint to the
17    administrative law judge within 30 days after the decision
18    granting a hearing.
19        (5) In the case of a formal determination by the
20    department or agency, pursuant to department or agency
21    rules and regulations, that the officer be discharged or
22    dismissed for knowingly and willfully violating a rule or
23    regulation of the department or agency on or after the
24    operative date of this amendatory Act of the 101st General
25    Assembly, the Illinois Labor Relations Board State Panel
26    shall hold a hearing to determine whether the officer shall

 

 

HB5814- 38 -LRB101 21714 RLC 72659 b

1    be decertified or have his or her license or waiver
2    revoked. The department or agency must file a verified
3    complaint within 2 years after the officer's discharge or
4    dismissal for the Illinois Labor Relations Board State
5    Panel to hold a hearing. The complaint shall be assigned to
6    an administrative law judge within 30 days so that a
7    hearing can be scheduled.
8        (6) Once a case has been set for hearing, the verified
9    complaint shall be referred to the Department of Financial
10    and Professional Regulation. The Department of Financial
11    and Professional Regulation shall prosecute the verified
12    complaint at the hearing before the administrative law
13    judge. The Department of Financial and Professional
14    Regulation shall have the opportunity to produce evidence
15    to support the verified complaint and to request the
16    Illinois Labor Relations Board State Panel to compel the
17    attendance of witnesses and the production of related
18    documents, including, but not limited to, court documents
19    and records. The Illinois Labor Relations Board State Panel
20    shall have the power to issue subpoenas requiring the
21    attendance of and testimony of witnesses and the production
22    of related documents, including, but not limited to, court
23    documents and records, and shall have the power to
24    administer oaths.
25        At the hearing, the accused officer shall be afforded
26    the opportunity to:

 

 

HB5814- 39 -LRB101 21714 RLC 72659 b

1            (A) be represented by counsel of his or her own
2        choosing;
3            (B) be heard in his or her own defense;
4            (C) produce evidence in his or her defense; and
5            (D) request that the Illinois Labor Relations
6        Board State Panel compel the attendance of witnesses
7        and production of related documents including, but not
8        limited to, court documents and records.
9        (7) The administrative law judge shall have the
10    responsibility of receiving into evidence relevant
11    testimony and documents, including court records, to
12    support or disprove the allegations made by the department
13    or agency filing the verified complaint and, at the close
14    of the case, hearing arguments. If the administrative law
15    judge finds that there is not clear and convincing evidence
16    to support the verified complaint that the police officer,
17    on or after the operative date of this amendatory Act of
18    the 101st General Assembly, knowingly and willfully
19    violated a rule or regulation of his or her department or
20    agency that results or may result in the discharge or
21    dismissal of the officer from the department or agency, the
22    administrative law judge shall make a written
23    recommendation of dismissal to the Illinois Labor
24    Relations Board State Panel. If the administrative law
25    judge finds that there is clear and convincing evidence
26    that the police officer, on or after the operative date of

 

 

HB5814- 40 -LRB101 21714 RLC 72659 b

1    this amendatory Act of the 101st General Assembly,
2    knowingly and willfully violated a rule or regulation of
3    his or her department or agency that results or may result
4    in the discharge or dismissal of the officer from the
5    department or agency, the administrative law judge shall
6    make a written recommendation so concluding to the Illinois
7    Labor Relations Board State Panel. The hearings shall be
8    transcribed. The Executive Director of the Illinois Law
9    Enforcement Training Standards Board shall be informed of
10    the administrative law judge's recommended findings and
11    decision and the Illinois Labor Relations Board State
12    Panel's subsequent review of the recommendation.
13        (8) The Illinois Labor Relations Board State Panel
14    shall review the administrative law judge's recommended
15    decision and order and determine by a majority vote whether
16    or not there was clear and convincing evidence that the
17    accused officer, on or after the operative date of this
18    amendatory Act of the 101st General Assembly, knowingly and
19    willfully violated a rule or regulation of his or her
20    department or agency that results or may result in the
21    discharge or dismissal of the officer from the department
22    or agency. Within 30 days after service of the
23    administrative law judge's recommended decision and order,
24    the parties may file exceptions to the recommended decision
25    and order and briefs in support of their exceptions with
26    the Illinois Labor Relations Board State Panel. The parties

 

 

HB5814- 41 -LRB101 21714 RLC 72659 b

1    may file responses to the exceptions and briefs in support
2    of the responses no later than 15 days after the service of
3    the exceptions. If exceptions are filed by any of the
4    parties, the Illinois Labor Relations Board State Panel
5    shall review the matter and make a finding to uphold,
6    vacate, or modify the recommended decision and order.
7        If the Illinois Labor Relations Board State Panel
8    concludes that there is clear and convincing evidence that
9    the accused officer, on or after the operative date of this
10    amendatory Act of the 101st General Assembly, knowingly and
11    willfully violated a rule or regulation of his or her
12    department or agency that results or may result in the
13    discharge or dismissal of the officer from the department
14    or agency, the Illinois Labor Relations Board State Panel
15    shall inform the Illinois Law Enforcement Training
16    Standards Board and the Illinois Law Enforcement Training
17    Standards Board shall revoke the accused officer's
18    certification, license, or waiver. If the accused officer
19    appeals that determination to the Appellate Court, as
20    provided by this Act, he or she may petition the Appellate
21    Court to stay the revocation of his or her certification,
22    license, or waiver pending the court's review of the
23    matter.
24        (9) The accused officer shall not be placed on unpaid
25    status in any currently held police officer position
26    because of the filing or processing of a verified complaint

 

 

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1    until there is a final non-appealable order sustaining his
2    or her guilt and his or her license or certification is
3    revoked.
4        (10) None of the Illinois Labor Relations Board State
5    Panel's findings or determinations shall set any precedent
6    in any of its decisions decided pursuant to the Illinois
7    Public Labor Relations Act by the Illinois Labor Relations
8    Board State Panel or the courts.
9        (11) A party aggrieved by the final order of the
10    Illinois Labor Relations Board State Panel may apply for
11    and obtain judicial review of an order of the Illinois
12    Labor Relations Board State Panel, in accordance with the
13    provisions of the Administrative Review Law, except that
14    such judicial review shall be afforded directly in the
15    Appellate Court for the district in which the accused
16    officer resides. Any direct appeal to the Appellate Court
17    shall be filed within 35 days after the date that a copy of
18    the decision sought to be reviewed was served upon the
19    party affected by the decision.
20        (12) It is the duty and responsibility of the sheriff
21    or the chief executive officer of a local law enforcement
22    agency or department within this State to report to the
23    Board any discharge or dismissal of any officer for a
24    violation identified in this subsection (s). It is the duty
25    and responsibility of a full-time or part-time police
26    officer in this State to report to the Board within 30 days

 

 

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1    after his or her discharge or dismissal for a violation
2    identified in this subsection (s).
3        (13) Any full-time or part-time police officer who
4    knowingly makes, submits, causes to be submitted, or files
5    a false or untruthful report to the Board, under this
6    subsection (s), must have his or her license, certificate,
7    or waiver immediately decertified or revoked.
8        (14) Any person, or a local or State agency, or the
9    Board is immune from liability for submitting, disclosing,
10    or releasing information of violations pursuant to this
11    subsection (s) as long as the information is submitted,
12    disclosed, or released in good faith and without malice.
13    The Board has qualified immunity for the release of the
14    information.
15        (15) The revocation of a certification or license under
16    this Act shall be permanent.
17    The provisions of this amendatory Act of the 101st General
18Assembly shall be operative no later than one year after the
19effective date of this amendatory Act of the 101st General
20Assembly.
21(Source: P.A. 101-187, eff. 1-1-20.)
 
22    (50 ILCS 705/6.3 new)
23    Sec. 6.3. Conversion of certificates to licenses.
24    (a) Beginning on the operative date of this amendatory Act
25of the 101st General Assembly, the Board's recognition of

 

 

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1persons who have successfully completed the prescribed minimum
2standard basic training course for police officers shall be
3known as licensure rather than certification.
4    (b) If a person has successfully completed the prescribed
5minimum standard basic training course for police officers and
6holds a valid certification to that effect on the operative
7date of this amendatory Act of the 101st General Assembly, that
8certification shall be deemed to be a license for the purposes
9of this Act.
10    (c) If, on the operative date of this amendatory Act of the
11101st General Assembly, a person holds a valid waiver from one
12of the certification requirements of this Act for police
13officers, that waiver shall be deemed a waiver from the
14corresponding licensure requirement of this Act.
15    (d) The Board shall replace the certificates or other
16evidences of certification or waiver for police officers in use
17on the operative date of this amendatory Act of the 101st
18General Assembly with new credentials reflecting the change in
19nomenclature instituted by this amendatory Act of the 101st
20General Assembly.
21    (e) This Section is operative no later than one year after
22the effective date of this amendatory Act of the 101st General
23Assembly.
 
24    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
25    Sec. 8.1. Full-time police and county corrections

 

 

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1officers.
2    (a) After January 1, 1976, no person shall receive a
3permanent appointment as a law enforcement officer as defined
4in this Act, nor shall any person receive, after the effective
5date of this amendatory Act of 1984, a permanent appointment as
6a county corrections officer, unless that person has been
7awarded, within 6 months of his or her initial full-time
8employment, a license or certificate attesting to his or her
9successful completion of the Minimum Standards Basic Law
10Enforcement and County Correctional Training Course as
11prescribed by the Board; or has been awarded a license or
12certificate attesting to his or her satisfactory completion of
13a training program of similar content and number of hours and
14which course has been found acceptable by the Board under the
15provisions of this Act; or by reason of extensive prior law
16enforcement or county corrections experience the basic
17training requirement is determined by the Board to be illogical
18and unreasonable.
19    If such training is required and not completed within the
20applicable 6 months, then the officer must forfeit his or her
21position, or the employing agency must obtain a waiver from the
22Board extending the period for compliance. Such waiver shall be
23issued only for good and justifiable reasons, and in no case
24shall extend more than 90 days beyond the initial 6 months. Any
25hiring agency that fails to train a law enforcement officer
26within this period shall be prohibited from employing this

 

 

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1individual in a law enforcement capacity for one year from the
2date training was to be completed. If an agency again fails to
3train the individual a second time, the agency shall be
4permanently barred from employing this individual in a law
5enforcement capacity.
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 or certification under
11the provisions of this Section. No provision of this Section
12shall be construed to mean that a county corrections officer
13employed by a local governmental agency at the time of the
14effective date of this amendatory Act of 1984, either as a
15probationary county corrections or as a permanent county
16corrections officer, shall require licensure or certification
17under the provisions of this Section. No provision of this
18Section shall be construed to apply to certification of elected
19county sheriffs.
20    (c) This Section does not apply to part-time police
21officers or probationary part-time police officers.
22(Source: P.A. 101-187, eff. 1-1-20.)
 
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

 

 

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1must obtain from the Board a license or certificate (i)
2attesting to his or her successful completion of the part-time
3police training course; (ii) attesting to his or her
4satisfactory 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 license or certificate within 18
12months after the initial date of hire as a probationary
13part-time police officer in the State of Illinois. The
14probationary part-time police officer must be enrolled and
15accepted into a Board-approved course within 6 months after
16active employment by any department in the State. A person
17hired on or after January 1, 1996 and before the effective date
18of this amendatory Act of the 92nd General Assembly must obtain
19this license or certificate within 18 months after the date of
20hire. A person hired before January 1, 1996 must obtain this
21license or certificate within 24 months after the effective
22date of this amendatory 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

 

 

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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    Section 25. The Local Governmental and Governmental
18Employees Tort Immunity Act is amended by adding Section 1-103
19as follows:
 
20    (745 ILCS 10/1-103 new)
21    Sec. 1-103. Non-applicability to peace officers.
22Notwithstanding any other provision of law to the contrary,
23this Act does not apply to a peace officer as defined in
24Section 2-13 of the Criminal Code of 2012.
 

 

 

HB5814- 49 -LRB101 21714 RLC 72659 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.

 

 

HB5814- 50 -LRB101 21714 RLC 72659 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 815/10
4    20 ILCS 2605/2605-5
5    20 ILCS 2605/2605-53.5 new
6    20 ILCS 2605/2605-54
7    20 ILCS 2605/2605-85
8    20 ILCS 2605/2605-90
9    20 ILCS 2605/2605-96
10    20 ILCS 2605/2605-97
11    20 ILCS 2605/2605-98
12    20 ILCS 2605/2605-375was 20 ILCS 2605/55a in part
13    20 ILCS 2610/8from Ch. 121, par. 307.8
14    20 ILCS 2610/40
15    20 ILCS 2610/45
16    50 ILCS 705/2from Ch. 85, par. 502
17    50 ILCS 705/3from Ch. 85, par. 503
18    50 ILCS 705/6from Ch. 85, par. 506
19    50 ILCS 705/6.1
20    50 ILCS 705/6.3 new
21    50 ILCS 705/8.1from Ch. 85, par. 508.1
22    50 ILCS 705/8.2
23    745 ILCS 10/1-103 new