103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3370

 

Introduced 2/7/2024, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change.


LRB103 35788 AWJ 65871 b

 

 

A BILL FOR

 

SB3370LRB103 35788 AWJ 65871 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

SB3370- 2 -LRB103 35788 AWJ 65871 b

1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

SB3370- 3 -LRB103 35788 AWJ 65871 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act (repealed). This subsection
17    (n) shall apply until the conclusion of the trial of the
18    case, even if the prosecution chooses not to pursue the
19    death penalty prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

SB3370- 4 -LRB103 35788 AWJ 65871 b

1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

SB3370- 5 -LRB103 35788 AWJ 65871 b

1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

SB3370- 6 -LRB103 35788 AWJ 65871 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

SB3370- 7 -LRB103 35788 AWJ 65871 b

1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

SB3370- 8 -LRB103 35788 AWJ 65871 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act and the Illinois State
17    Police Act.
18        (ccc) Records exempt from disclosure under Section
19    2605-304 of the Illinois State Police Law of the Civil
20    Administrative Code of Illinois.
21        (ddd) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25        (eee) Information prohibited from being disclosed
26    under subsection (b) of Section 75 of the Domestic

 

 

SB3370- 9 -LRB103 35788 AWJ 65871 b

1    Violence Fatality Review Act.
2        (fff) Images from cameras under the Expressway Camera
3    Act. This subsection (fff) is inoperative on and after
4    July 1, 2025.
5        (ggg) Information prohibited from disclosure under
6    paragraph (3) of subsection (a) of Section 14 of the Nurse
7    Agency Licensing Act.
8        (hhh) Information submitted to the Illinois State
9    Police in an affidavit or application for an assault
10    weapon endorsement, assault weapon attachment endorsement,
11    .50 caliber rifle endorsement, or .50 caliber cartridge
12    endorsement under the Firearm Owners Identification Card
13    Act.
14        (iii) Data exempt from disclosure under Section 50 of
15    the School Safety Drill Act.
16        (jjj) (hhh) Information exempt from disclosure under
17    Section 30 of the Insurance Data Security Law.
18        (kkk) (iii) Confidential business information
19    prohibited from disclosure under Section 45 of the Paint
20    Stewardship Act.
21(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
22102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
238-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
24102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
256-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
26eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
 

 

 

SB3370- 10 -LRB103 35788 AWJ 65871 b

1    (Text of Section after amendment by P.A. 103-472)
2    Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be
4exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other
14    records prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of

 

 

SB3370- 11 -LRB103 35788 AWJ 65871 b

1    the Architectural, Engineering, and Land Surveying
2    Qualifications Based Selection Act.
3        (g) Information the disclosure of which is restricted
4    and exempted under Section 50 of the Illinois Prepaid
5    Tuition Act.
6        (h) Information the disclosure of which is exempted
7    under the State Officials and Employees Ethics Act, and
8    records of any lawfully created State or local inspector
9    general's office that would be exempt if created or
10    obtained by an Executive Inspector General's office under
11    that Act.
12        (i) Information contained in a local emergency energy
13    plan submitted to a municipality in accordance with a
14    local emergency energy plan ordinance that is adopted
15    under Section 11-21.5-5 of the Illinois Municipal Code.
16        (j) Information and data concerning the distribution
17    of surcharge moneys collected and remitted by carriers
18    under the Emergency Telephone System Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.

 

 

SB3370- 12 -LRB103 35788 AWJ 65871 b

1        (m) Information provided to the predatory lending
2    database created pursuant to Article 3 of the Residential
3    Real Property Disclosure Act, except to the extent
4    authorized under that Article.
5        (n) Defense budgets and petitions for certification of
6    compensation and expenses for court appointed trial
7    counsel as provided under Sections 10 and 15 of the
8    Capital Crimes Litigation Act (repealed). This subsection
9    (n) shall apply until the conclusion of the trial of the
10    case, even if the prosecution chooses not to pursue the
11    death penalty prior to trial or sentencing.
12        (o) Information that is prohibited from being
13    disclosed under Section 4 of the Illinois Health and
14    Hazardous Substances Registry Act.
15        (p) Security portions of system safety program plans,
16    investigation reports, surveys, schedules, lists, data, or
17    information compiled, collected, or prepared by or for the
18    Department of Transportation under Sections 2705-300 and
19    2705-616 of the Department of Transportation Law of the
20    Civil Administrative Code of Illinois, the Regional
21    Transportation Authority under Section 2.11 of the
22    Regional Transportation Authority Act, or the St. Clair
23    County Transit District under the Bi-State Transit Safety
24    Act (repealed).
25        (q) Information prohibited from being disclosed by the
26    Personnel Record Review Act.

 

 

SB3370- 13 -LRB103 35788 AWJ 65871 b

1        (r) Information prohibited from being disclosed by the
2    Illinois School Student Records Act.
3        (s) Information the disclosure of which is restricted
4    under Section 5-108 of the Public Utilities Act.
5        (t) (Blank).
6        (u) Records and information provided to an independent
7    team of experts under the Developmental Disability and
8    Mental Health Safety Act (also known as Brian's Law).
9        (v) Names and information of people who have applied
10    for or received Firearm Owner's Identification Cards under
11    the Firearm Owners Identification Card Act or applied for
12    or received a concealed carry license under the Firearm
13    Concealed Carry Act, unless otherwise authorized by the
14    Firearm Concealed Carry Act; and databases under the
15    Firearm Concealed Carry Act, records of the Concealed
16    Carry Licensing Review Board under the Firearm Concealed
17    Carry Act, and law enforcement agency objections under the
18    Firearm Concealed Carry Act.
19        (v-5) Records of the Firearm Owner's Identification
20    Card Review Board that are exempted from disclosure under
21    Section 10 of the Firearm Owners Identification Card Act.
22        (w) Personally identifiable information which is
23    exempted from disclosure under subsection (g) of Section
24    19.1 of the Toll Highway Act.
25        (x) Information which is exempted from disclosure
26    under Section 5-1014.3 of the Counties Code or Section

 

 

SB3370- 14 -LRB103 35788 AWJ 65871 b

1    8-11-21 of the Illinois Municipal Code.
2        (y) Confidential information under the Adult
3    Protective Services Act and its predecessor enabling
4    statute, the Elder Abuse and Neglect Act, including
5    information about the identity and administrative finding
6    against any caregiver of a verified and substantiated
7    decision of abuse, neglect, or financial exploitation of
8    an eligible adult maintained in the Registry established
9    under Section 7.5 of the Adult Protective Services Act.
10        (z) Records and information provided to a fatality
11    review team or the Illinois Fatality Review Team Advisory
12    Council under Section 15 of the Adult Protective Services
13    Act.
14        (aa) Information which is exempted from disclosure
15    under Section 2.37 of the Wildlife Code.
16        (bb) Information which is or was prohibited from
17    disclosure by the Juvenile Court Act of 1987.
18        (cc) Recordings made under the Law Enforcement
19    Officer-Worn Body Camera Act, except to the extent
20    authorized under that Act.
21        (dd) Information that is prohibited from being
22    disclosed under Section 45 of the Condominium and Common
23    Interest Community Ombudsperson Act.
24        (ee) Information that is exempted from disclosure
25    under Section 30.1 of the Pharmacy Practice Act.
26        (ff) Information that is exempted from disclosure

 

 

SB3370- 15 -LRB103 35788 AWJ 65871 b

1    under the Revised Uniform Unclaimed Property Act.
2        (gg) Information that is prohibited from being
3    disclosed under Section 7-603.5 of the Illinois Vehicle
4    Code.
5        (hh) Records that are exempt from disclosure under
6    Section 1A-16.7 of the Election Code.
7        (ii) Information which is exempted from disclosure
8    under Section 2505-800 of the Department of Revenue Law of
9    the Civil Administrative Code of Illinois.
10        (jj) Information and reports that are required to be
11    submitted to the Department of Labor by registering day
12    and temporary labor service agencies but are exempt from
13    disclosure under subsection (a-1) of Section 45 of the Day
14    and Temporary Labor Services Act.
15        (kk) Information prohibited from disclosure under the
16    Seizure and Forfeiture Reporting Act.
17        (ll) Information the disclosure of which is restricted
18    and exempted under Section 5-30.8 of the Illinois Public
19    Aid Code.
20        (mm) Records that are exempt from disclosure under
21    Section 4.2 of the Crime Victims Compensation Act.
22        (nn) Information that is exempt from disclosure under
23    Section 70 of the Higher Education Student Assistance Act.
24        (oo) Communications, notes, records, and reports
25    arising out of a peer support counseling session
26    prohibited from disclosure under the First Responders

 

 

SB3370- 16 -LRB103 35788 AWJ 65871 b

1    Suicide Prevention Act.
2        (pp) Names and all identifying information relating to
3    an employee of an emergency services provider or law
4    enforcement agency under the First Responders Suicide
5    Prevention Act.
6        (qq) Information and records held by the Department of
7    Public Health and its authorized representatives collected
8    under the Reproductive Health Act.
9        (rr) Information that is exempt from disclosure under
10    the Cannabis Regulation and Tax Act.
11        (ss) Data reported by an employer to the Department of
12    Human Rights pursuant to Section 2-108 of the Illinois
13    Human Rights Act.
14        (tt) Recordings made under the Children's Advocacy
15    Center Act, except to the extent authorized under that
16    Act.
17        (uu) Information that is exempt from disclosure under
18    Section 50 of the Sexual Assault Evidence Submission Act.
19        (vv) Information that is exempt from disclosure under
20    subsections (f) and (j) of Section 5-36 of the Illinois
21    Public Aid Code.
22        (ww) Information that is exempt from disclosure under
23    Section 16.8 of the State Treasurer Act.
24        (xx) Information that is exempt from disclosure or
25    information that shall not be made public under the
26    Illinois Insurance Code.

 

 

SB3370- 17 -LRB103 35788 AWJ 65871 b

1        (yy) Information prohibited from being disclosed under
2    the Illinois Educational Labor Relations Act.
3        (zz) Information prohibited from being disclosed under
4    the Illinois Public Labor Relations Act.
5        (aaa) Information prohibited from being disclosed
6    under Section 1-167 of the Illinois Pension Code.
7        (bbb) Information that is prohibited from disclosure
8    by the Illinois Police Training Act and the Illinois State
9    Police Act.
10        (ccc) Records exempt from disclosure under Section
11    2605-304 of the Illinois State Police Law of the Civil
12    Administrative Code of Illinois.
13        (ddd) Information prohibited from being disclosed
14    under Section 35 of the Address Confidentiality for
15    Victims of Domestic Violence, Sexual Assault, Human
16    Trafficking, or Stalking Act.
17        (eee) Information prohibited from being disclosed
18    under subsection (b) of Section 75 of the Domestic
19    Violence Fatality Review Act.
20        (fff) Images from cameras under the Expressway Camera
21    Act. This subsection (fff) is inoperative on and after
22    July 1, 2025.
23        (ggg) Information prohibited from disclosure under
24    paragraph (3) of subsection (a) of Section 14 of the Nurse
25    Agency Licensing Act.
26        (hhh) Information submitted to the Illinois State

 

 

SB3370- 18 -LRB103 35788 AWJ 65871 b

1    Police in an affidavit or application for an assault
2    weapon endorsement, assault weapon attachment endorsement,
3    .50 caliber rifle endorsement, or .50 caliber cartridge
4    endorsement under the Firearm Owners Identification Card
5    Act.
6        (iii) Data exempt from disclosure under Section 50 of
7    the School Safety Drill Act.
8        (jjj) (hhh) Information exempt from disclosure under
9    Section 30 of the Insurance Data Security Law.
10        (kkk) (iii) Confidential business information
11    prohibited from disclosure under Section 45 of the Paint
12    Stewardship Act.
13        (lll) (iii) Data exempt from disclosure under Section
14    2-3.196 of the School Code.
15        (mmm) Information exempt from disclosure under
16    subsection (g-1) of Section 6.1 of the Illinois Police
17    Training Act.
18(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
19102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
208-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
21102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
226-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
23eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
24revised 9-5-23.)
 
25    Section 10. The Illinois State Police Act is amended by

 

 

SB3370- 19 -LRB103 35788 AWJ 65871 b

1adding Section 12.8 as follows:
 
2    (20 ILCS 2610/12.8 new)
3    Sec. 12.8. Illinois Law Enforcement Standards Appeal
4Board.
5    (a) As used in this Section:
6    "Affected party" means a certified officer, an employer of
7a certified officer who is a sheriff or a chief of police, or a
8labor representative of a certified officer.
9    "Appeal Board" means the Illinois Law Enforcement
10Standards Appeal Board.
11    "Training Standards Board" means the Illinois Law
12Enforcement Training Standards Board.
13    (b) The Illinois Law Enforcement Standards Appeal Board is
14created in the Illinois State Police. The Appeal Board shall
15meet its costs and pay all receipts from the balance of the
16Illinois Law Enforcement Standards Appeal Fund, a special fund
17that is created in the State treasury, and, subject to
18appropriation, may be expended by the Appeal Board as
19necessary in exercising the Appeal Board's powers and duties
20under this Section.
21    (c) The powers and duties of the Appeal Board are as
22follows:
23        (1) The Appeal Board shall consider a request for
24    appeal of any decision of the Training Standards Board or
25    the Training Standards Board's staff that is brought to

 

 

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1    the Appeal Board by an affected party.
2        (2) An affected party may request an appeal of a
3    decision of the Training Standards Board or its staff that
4    negatively affects the ability to carry out the duties of
5    law enforcement either by an individual or by a group of
6    individuals. The affected party shall make the request in
7    a manner and on forms established by and provided by the
8    Appeal Board.
9        (3) The Appeal Board shall establish and make public a
10    process by which the Appeal Board will determine which
11    appeals will go before the full Appeal Board.
12        (4) The Appeal Board may establish committees or
13    subcommittees.
14        (5) The Appeal Board shall hire an executive director.
15    The executive director is responsible for carrying out the
16    responsibilities of the Appeal Board, including the daily
17    operation of the Appeal Board. The executive director
18    shall have all lawful duties assigned by the Appeal Board,
19    which shall include hiring staff, entering contracts for
20    goods or services, and paying for all costs associated
21    with operation of the Appeal Board.
22        (6) Upon receiving an appeal request and granting an
23    appeal hearing, the Appeal Board may uphold the decision
24    of the Training Standards Board or its staff or it may
25    reverse the decision of the Training Standards Board or
26    its staff in whole or in part. If the Appeal Board reverses

 

 

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1    the decision of the Training Standards Board, it shall
2    instruct the Training Standards Board on how to proceed in
3    its underlying actions that precipitated the reversal.
4        A decision of the Appeal Board is binding on the
5    Training Standards Board until the Appeal Board's decision
6    is reversed by a court. An appeal of a decision of the
7    Appeal Board may be brought in either Sangamon County
8    Circuit Court or the Cook County Circuit Court.
9    (d) The Appeal Board members shall be appointed as follows
10and shall have terms of 4 years. For a member who ceases to
11meet the minimum qualifications of the member's appointment,
12the member shall complete the remainder of the member's term.
13A vacancy shall be filled by an appointment meeting the
14requirements of the position which is vacant for the remainder
15of the term. The Appeal Board shall elect its officers from the
16membership of the Appeal Board, which shall include, at a
17minimum, a chairperson and a vice-chairperson. The general
18membership of the Appeal Board includes the following
19appointed members:
20        (1) one certified officer employed by a Sheriff
21    appointed by the Senate President;
22        (2) one sheriff appointed by the Senate President;
23        (3) one certified police officer employed by a
24    municipality with a population more than 1,000,000
25    appointed by the House Speaker;
26        (4) one chief of police appointed by the House

 

 

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1    Speaker;
2        (5) one chief of police appointed by the Senate
3    Minority Leader;
4        (6) one county corrections officer appointed by the
5    Senate Minority Leader;
6        (7) one certified police officer who is employed by a
7    municipality with a population less than 1,000,000
8    appointed by the House Minority Leader;
9        (8) one sheriff appointed by the House Minority
10    Leader;
11        (9) one individual appointed by the Attorney General;
12        (10) one State's Attorney appointed by the Governor;
13    and
14        (11) one individual appointed by the Governor who
15    shall serve as the chairman until such time that the Board
16    conducts an election for officers.
 
17    Section 15. The Illinois Police Training Act is amended by
18changing Sections 3, 6.1, 6.2, 6.3, 8.1, 8.2, and 9 and by
19adding Sections 6.8, 6.9, and 6.10 as follows:
 
20    (50 ILCS 705/3)  (from Ch. 85, par. 503)
21    Sec. 3. Board; composition; appointments; tenure;
22vacancies.
23    (a) The Board shall be composed of 18 members selected as
24follows: The Attorney General of the State of Illinois, the

 

 

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1Director of the Illinois State Police, the Director of
2Corrections, the Superintendent of the Chicago Police
3Department, the Sheriff of Cook County, the Clerk of the
4Circuit Court of Cook County, who shall serve as ex officio
5members, and the following to be appointed by the Governor: 2
6members of a collective bargaining unit representing law
7enforcement who are certified officers serving a city with a
8population of more than 1,000,000 mayors or village presidents
9of Illinois municipalities, 2 Illinois county sheriffs from
10counties other than Cook County, 2 members of a collective
11bargaining unit representing law enforcement who are certified
12officers, one serving a county with a population of less than
135,000,000 and one serving a city with a population of less than
141,000,000 managers of Illinois municipalities, 2 chiefs of
15municipal police departments in Illinois having no
16Superintendent of the Police Department on the Board, 2
17citizens of Illinois who shall be certified law enforcement
18officers and members of a collective bargaining unit members
19of an organized enforcement officers' association, one active
20member of a statewide association representing sheriffs, and
21one active member of a statewide association representing
22municipal police chiefs. The appointments of the Governor
23shall be made on the first Monday of August in 1965 with 3 of
24the appointments to be for a period of one year, 3 for 2 years,
25and 3 for 3 years. Their successors shall be appointed in like
26manner for terms to expire the first Monday of August each 3

 

 

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1years thereafter. All members shall serve until their
2respective successors are appointed and qualify. Vacancies
3shall be filled by the Governor for the unexpired terms. Any ex
4officio member may appoint a designee to the Board who shall
5have the same powers and immunities otherwise conferred to the
6member of the Board, including the power to vote and be counted
7toward quorum, so long as the member is not in attendance. Each
8appointment must be made within 90 days of a vacancy
9occurring.
10    (a-5) Within the Board is created a Review Committee. The
11Review Committee shall review disciplinary cases in which the
12Panel, the law enforcement officer, or the law enforcement
13agency file for reconsideration of a decertification decision
14made by the Board. The Review Committee shall be composed of 9
15annually rotating members from the Board appointed by the
16Board Chairman. One member of the Review Committee shall be
17designated by the Board Chairman as the Chair. The Review
18Committee shall sit in 3 member panels composed of one member
19representing law enforcement management, one member
20representing members of law enforcement, and one member who is
21not a current or former member of law enforcement.
22    (b) When a Board member may have an actual, perceived, or
23potential conflict of interest or appearance of bias that
24could prevent the Board member from making a fair and
25impartial decision regarding decertification:
26        (1) The Board member shall recuse himself or herself.

 

 

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1        (2) If the Board member fails to recuse himself or
2    herself, then the Board may, by a simple majority of the
3    remaining members, vote to recuse the Board member. Board
4    members who are found to have voted on a matter in which
5    they should have recused themselves may be removed from
6    the Board by the Governor.
7    A conflict of interest or appearance of bias may include,
8but is not limited to, matters where one of the following is a
9party to a decision on a decertification or formal complaint:
10someone with whom the member has an employment relationship;
11any of the following relatives: spouse, parents, children,
12adopted children, legal wards, stepchildren, step parents,
13step siblings, half siblings, siblings, parents-in-law,
14siblings-in-law, children-in-law, aunts, uncles, nieces, and
15nephews; a friend; or a member of a professional organization,
16association, or a union in which the member now actively
17serves.
18    (c) A vacancy in members does not prevent a quorum of the
19remaining sitting members from exercising all rights and
20performing all duties of the Board.
21    (d) An individual serving on the Board shall not also
22serve on the Panel.
23(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-694, eff. 1-7-22.)
 
25    (50 ILCS 705/6.1)

 

 

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1    Sec. 6.1. Automatic decertification of full-time and
2part-time law enforcement officers.
3    (a) The Board must review law enforcement officer conduct
4and records to ensure that no law enforcement officer is
5certified or provided a valid waiver if that law enforcement
6officer has been convicted of, found guilty of, entered a plea
7of guilty to, or entered a plea of nolo contendere to, a felony
8offense under the laws of this State or any other state which
9if committed in this State would be punishable as a felony. The
10Board must also ensure that no law enforcement officer is
11certified or provided a valid waiver if that law enforcement
12officer has been convicted of, found guilty of, or entered a
13plea of guilty to, on or after January 1, 2022 (the effective
14date of Public Act 101-652) of any misdemeanor specified in
15this Section or if committed in any other state would be an
16offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
1711-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,
1812-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,
19any misdemeanor in violation of any Section of Part E of Title
20III of the Criminal Code of 1961 or the Criminal Code of 2012,
21or subsection (a) of Section 17-32 of the Criminal Code of 1961
22or the Criminal Code of 2012, or to Section 5 or 5.2 of the
23Cannabis Control Act, or any felony or misdemeanor in
24violation of federal law or the law of any state that is the
25equivalent of any of the offenses specified therein. The Board
26must appoint investigators to enforce the duties conferred

 

 

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1upon the Board by this Act.
2    (a-1) (Blank). For purposes of this Section, a person is
3"convicted of, or entered a plea of guilty to, plea of nolo
4contendere to, found guilty of" regardless of whether the
5adjudication of guilt or sentence is withheld or not entered
6thereon. This includes sentences of supervision, conditional
7discharge, or first offender probation, or any similar
8disposition provided for by law.
9    (b) It is the responsibility of the sheriff or the chief
10executive officer of every law enforcement agency or
11department within this State to report to the Board any
12arrest, conviction, finding of guilt, plea of guilty, or plea
13of nolo contendere to, of any officer for an offense
14identified in this Section, regardless of whether the
15adjudication of guilt or sentence is withheld or not entered
16thereon, this includes sentences of supervision, conditional
17discharge, or first offender probation.
18    (c) It is the duty and responsibility of every full-time
19and part-time law enforcement officer in this State to report
20to the Board within 14 days, and the officer's sheriff or chief
21executive officer, of the officer's arrest, conviction, found
22guilty of, or plea of guilty for an offense identified in this
23Section. Any full-time or part-time law enforcement officer
24who knowingly makes, submits, causes to be submitted, or files
25a false or untruthful report to the Board must have the
26officer's certificate or waiver immediately decertified or

 

 

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1revoked.
2    (d) Any person, or a local or State agency, or the Board is
3immune from liability for submitting, disclosing, or releasing
4information of arrests, convictions, or pleas of guilty in
5this Section as long as the information is submitted,
6disclosed, or released in good faith and without malice. The
7Board has qualified immunity for the release of the
8information.
9    (e) Any full-time or part-time law enforcement officer
10with a certificate or waiver issued by the Board who is
11convicted of, found guilty of, or entered a plea of guilty to,
12or entered a plea of nolo contendere to any offense described
13in this Section immediately becomes decertified or no longer
14has a valid waiver. The decertification and invalidity of
15waivers occurs as a matter of law. Failure of a convicted
16person to report to the Board the officer's conviction as
17described in this Section or any continued law enforcement
18practice after receiving a conviction is a Class 4 felony.
19    (e-5) For purposes of this Section, a person is considered
20to have been "convicted of, found guilty of, or entered a plea
21of guilty to, plea of nolo contendere to" regardless of
22whether the adjudication of guilt or sentence is withheld or
23not entered thereon, including sentences of supervision,
24conditional discharge, first offender probation, or any
25similar disposition as provided for by law; except a person is
26not considered to have been "convicted of, found guilty of, or

 

 

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1entered a plea of guilty to, plea of nolo contendere to" if the
2person's charge is dismissed or expunged or the person is a
3juvenile at the time of the arrest, at the time of
4adjudication, or at the time of disposition of supervision.
5    (f) The Board's investigators shall be law enforcement
6officers as defined in Section 2 of this Act. The Board shall
7not waive the training requirement unless the investigator has
8had a minimum of 5 years experience as a sworn officer of a
9local, State, or federal law enforcement agency. An
10investigator shall not have been terminated for good cause,
11decertified, had his or her law enforcement license or
12certificate revoked in this or any other jurisdiction, or been
13convicted of any of the conduct listed in subsection (a). Any
14complaint filed against the Board's investigators shall be
15investigated by the Illinois State Police.
16    (g) The Board must request and receive information and
17assistance from any federal, state, local, or private
18enforcement agency as part of the authorized criminal
19background investigation. The Illinois State Police must
20process, retain, and additionally provide and disseminate
21information to the Board concerning criminal charges, arrests,
22convictions, and their disposition, that have been filed
23against a basic academy applicant, law enforcement applicant,
24or law enforcement officer whose fingerprint identification
25cards are on file or maintained by the Illinois State Police.
26The Federal Bureau of Investigation must provide the Board any

 

 

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1criminal history record information contained in its files
2pertaining to law enforcement officers or any applicant to a
3Board certified basic law enforcement academy as described in
4this Act based on fingerprint identification. The Board must
5make payment of fees to the Illinois State Police for each
6fingerprint card submission in conformance with the
7requirements of paragraph 22 of Section 55a of the Civil
8Administrative Code of Illinois.
9    (g-1) The Board may not disclose to any person or
10organization the certification of or the decertification of a
11law enforcement officer resulting from any process the Board
12is engaged with until the decision is final and all appeals
13have been exhausted, including disclosing information with a
14State's Attorney or employer regarding the denial of a
15training waiver. If information disclosed by the Board
16violates this subsection, a law enforcement officer may seek
17damages in the amount of 5 times the actual damages plus costs
18against the Board.
19    (g-5) Notwithstanding any provision of law to the
20contrary, the changes to this Section made by this amendatory
21Act of the 102nd General Assembly and Public Act 101-652 shall
22apply prospectively only from July 1, 2022.
23(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
24102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
 
25    (50 ILCS 705/6.3)

 

 

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1    Sec. 6.3. Discretionary decertification of full-time and
2part-time law enforcement officers.
3    (a) Definitions. For purposes of this Section 6.3:
4    "Conviction" means a judgment of conviction or sentence
5entered upon a plea of guilty, upon a verdict, or upon a
6finding of guilty of an offense rendered by a jury or by a
7court authorized to try the case without a jury. "Conviction"
8does not include a judgment of conviction or sentence that is
9dismissed or expunged and does not include the judgment of
10conviction or sentence of a person who is a juvenile at the
11time of the underlying arrest, at the time of the judgment of
12conviction or sentence, or at the time of disposition of
13supervision of the judgment of conviction or sentence.
14    "Duty to intervene" means an obligation to intervene to
15prevent harm from occurring that arises when: an officer is
16present, and has reason to know (1) that excessive force is
17being used or that any constitutional violation has been
18committed by a law enforcement official; and (2) the officer
19has a realistic opportunity to intervene. This duty applies
20equally to supervisory and nonsupervisory officers. If aid is
21required, the officer shall not, when reasonable to administer
22aid, knowingly and willingly refuse to render aid as defined
23by State or federal law. An officer does not violate this duty
24if the failure to render aid is due to circumstances such as
25lack of appropriate specialized training, lack of resources or
26equipment, or if it is unsafe or impracticable to render aid.

 

 

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1    "Excessive use of force" means using force in violation of
2State or federal law.
3    "False statement" means (1) any knowingly false statement
4provided on a form or report, (2) that the writer does not
5believe to be true, and (3) that the writer includes to mislead
6a public servant in performing the public servant's official
7functions.
8    "Perjury" means that as defined under Sections 32-2 and
932-3 of the Criminal Code of 2012.
10    "Tampers with or fabricates evidence" means if a law
11enforcement officer (1) has reason to believe that an official
12proceeding is pending or may be instituted, and (2) alters,
13destroys, conceals, or removes any record, document, data,
14video or thing to impair its validity or availability in the
15proceeding.
16    (b) Decertification conduct. The Board has the authority
17to decertify a full-time or a part-time law enforcement
18officer upon a determination by the Board that the law
19enforcement officer has:
20        (1) committed an act that would constitute a felony or
21    misdemeanor which could serve as basis for automatic
22    decertification, whether or not the law enforcement
23    officer was criminally prosecuted, and whether or not the
24    law enforcement officer's employment was terminated;
25        (2) exercised excessive use of force;
26        (3) failed to comply with the officer's duty to

 

 

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1    intervene, including through acts or omissions;
2        (4) tampered with a dash camera or body-worn camera or
3    data recorded by a dash camera or body-worn camera or
4    directed another to tamper with or turn off a dash camera
5    or body-worn camera or data recorded by a dash camera or
6    body-worn camera for the purpose of concealing, destroying
7    or altering potential evidence;
8        (5) engaged in the following conduct relating to the
9    reporting, investigation, or prosecution of a crime:
10    committed perjury, made a false statement, or knowingly
11    tampered with or fabricated evidence; and
12        (6) engaged in any unprofessional, unethical,
13    deceptive, or deleterious conduct or practice harmful to
14    the public; such conduct or practice need not have
15    resulted in actual injury to any person. As used in this
16    paragraph, the term "unprofessional conduct" shall include
17    any departure from, or failure to conform to, the minimal
18    standards of acceptable and prevailing practice of an
19    officer.
20    (b-5) The Board has the authority to decertify a full-time
21or part-time law enforcement officer notwithstanding whether a
22law enforcement agency takes disciplinary action against a law
23enforcement officer for the same underlying conduct as
24outlined in subsection (b).
25    (c) Notice of Alleged Violation.
26        (1) The following individuals and agencies shall

 

 

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1    notify the Board within 7 days of becoming aware of any
2    violation described in subsection (b):
3            (A) A law enforcement agency as defined in Section
4        2 or any law enforcement officer of this State. For
5        this subsection (c), law enforcement agency includes,
6        but is not limited to, a civilian review board, an
7        inspector general, and legal counsel for a law
8        enforcement agency.
9            (B) The Executive Director of the Board;
10            (C) A State's Attorney's Office of this State.
11        "Becoming aware" does not include confidential
12    communications between agency lawyers and agencies
13    regarding legal advice. For purposes of this subsection,
14    "law enforcement agency" does not include the Illinois
15    Attorney General when providing legal representation to a
16    law enforcement officer under the State Employee
17    Indemnification Act.
18        (2) Any person may also notify the Board of any
19    conduct the person believes a law enforcement officer has
20    committed as described in subsection (b). Such
21    notifications may be made confidentially. Notwithstanding
22    any other provision in state law or any collective
23    bargaining agreement, the Board shall accept notice and
24    investigate any allegations from individuals who remain
25    confidential.
26        (3) Upon written request, the Board shall disclose to

 

 

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1    the individual or entity who filed a notice of violation
2    the status of the Board's review.
3    (d) Form. The notice of violation reported under
4subsection (c) shall be on a form prescribed by the Board in
5its rules. The form shall be publicly available by paper and
6electronic means. The form shall include fields for the
7following information, at a minimum:
8        (1) the full name, address, and telephone number of
9    the person submitting the notice;
10        (2) if submitted under subsection (c)(1), the agency
11    name and title of the person submitting the notice;
12        (3) the full name, badge number, employing agency, and
13    physical description of the officer, if known;
14        (4) the full name or names, address or addresses,
15    telephone number or numbers, and physical description or
16    descriptions of any witnesses, if known;
17        (5) a concise statement of facts that describe the
18    alleged violation and any copies of supporting evidence
19    including but not limited to any photographic, video, or
20    audio recordings of the incident;
21        (6) whether the person submitting the notice has
22    notified any other agency; and
23        (7) an option for an individual, who submits directly
24    to the Board, to consent to have the individual's identity
25    disclosed. The identity of any individual providing
26    information or reporting any possible or alleged violation

 

 

SB3370- 36 -LRB103 35788 AWJ 65871 b

1    to the Board shall be kept confidential and may not be
2    disclosed without the consent of that individual, unless
3    the individual consents to disclosure of the individual's
4    name or disclosure of the individual's identity is
5    otherwise required by law. The confidentiality granted by
6    this subsection does not preclude the disclosure of the
7    identity of a person in any capacity other than as the
8    source of an allegation.
9    Nothing in this subsection (d) shall preclude the Board
10from receiving, investigating, or acting upon allegations made
11confidentially or in a format different from the form provided
12for in this subsection.
13    (e) Preliminary review.
14        (1) The Board shall complete a preliminary review of
15    the allegations to determine whether there is sufficient
16    information to warrant a further investigation of any
17    violations of the Act. Upon initiating a preliminary
18    review of the allegations, the Board shall notify the head
19    of the law enforcement agency that employs the law
20    enforcement officer who is the subject of the allegations.
21    At the request of the Board, the law enforcement agency
22    must submit any copies of investigative findings,
23    evidence, or documentation to the Board in accordance with
24    rules adopted by the Board to facilitate the Board's
25    preliminary review. The Board may correspond with the law
26    enforcement agency, official records clerks or any

 

 

SB3370- 37 -LRB103 35788 AWJ 65871 b

1    investigative agencies in conducting its preliminary
2    review.
3        (2) During the preliminary review, the Board will take
4    all reasonable steps to discover any and all objective
5    verifiable evidence relevant to the alleged violation
6    through the identification, retention, review, and
7    analysis of all currently available evidence, including,
8    but not limited to: all time-sensitive evidence, audio and
9    video evidence, physical evidence, arrest reports,
10    photographic evidence, GPS records, computer data, lab
11    reports, medical documents, and witness interviews. All
12    reasonable steps will be taken to preserve relevant
13    evidence identified during the preliminary investigation.
14        (3) If after a preliminary review of the alleged
15    violation or violations, the Board believes there is
16    sufficient information to warrant further investigation of
17    any violations of this Act, the alleged violation or
18    violations shall be assigned for investigation in
19    accordance with subsection (f).
20        (4) If after a review of the allegations, the Board
21    believes there is insufficient information supporting the
22    allegations to warrant further investigation, it may close
23    a notice. Notification of the Board's decision to close a
24    notice shall be sent to all relevant individuals,
25    agencies, and any entities that received notice of the
26    violation under subsection (c) within 30 days of the

 

 

SB3370- 38 -LRB103 35788 AWJ 65871 b

1    notice being closed, except in cases where the notice is
2    submitted anonymously if the complainant is unknown.
3        (5) Except when the Board has received notice under
4    subparagraph (A) of paragraph (1) of subsection (c), no
5    later than 30 days after receiving notice, the Board shall
6    report any notice of violation it receives to the relevant
7    law enforcement agency, unless reporting the notice would
8    jeopardize any subsequent investigation. The Board shall
9    also record any notice of violation it receives to the
10    Officer Professional Conduct Database in accordance with
11    Section 9.2. The Board shall report to the appropriate
12    State's Attorney any alleged violations that contain
13    allegations, claims, or factual assertions that, if true,
14    would constitute a violation of Illinois law. The Board
15    shall inform the law enforcement officer via certified
16    mail that it has received a notice of violation against
17    the law enforcement officer.
18        If the Board determines that due to the circumstances
19    and the nature of the allegation that it would not be
20    prudent to notify the law enforcement officer and the
21    officer's law enforcement agency unless and until the
22    filing of a Formal Complaint, the Board shall document in
23    the file the reason or reasons a notification was not
24    made.
25        (6) If the law enforcement officer is involved in a
26    criminal proceeding on the same subject as the notice of

 

 

SB3370- 39 -LRB103 35788 AWJ 65871 b

1    violation, the Board is responsible for maintaining a
2    current status report including court dates, hearings,
3    pleas, adjudication status and sentencing. A State's
4    Attorney's Office must notify the Board of any criminal
5    charges filed against a law enforcement officer, and must
6    provide updates of significant developments to the Board
7    in a timely manner but no later than 30 days after such
8    developments.
9    (f) Investigations; requirements. Investigations are to be
10assigned after a preliminary review, unless the investigations
11were closed under paragraph (4) of subsection (e), as follows
12in paragraphs (1), (2), and (3) of this subsection (f).
13        (1) A law enforcement agency that submits a notice of
14    violation to the Board under subparagraph (A) of paragraph
15    (1) of subsection (c) shall be responsible for conducting
16    an investigation of the underlying allegations except
17    when: (i) the law enforcement agency refers the notice to
18    another law enforcement agency or the Board for
19    investigation and such other agency or the Board agrees to
20    conduct the investigation; (ii) an external, independent,
21    or civilian oversight agency conducts the investigation in
22    accordance with local ordinance or other applicable law;
23    or (iii) the Board has determined that it will conduct the
24    investigation based upon the facts and circumstances of
25    the alleged violation, including but not limited to,
26    investigations regarding the Chief or Sheriff of a law

 

 

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1    enforcement agency, familial conflict of interests,
2    complaints involving a substantial portion of a law
3    enforcement agency, or complaints involving a policy of a
4    law enforcement agency. Any agency or entity conducting an
5    investigation under this paragraph (1) shall submit
6    quarterly reports to the Board regarding the progress of
7    the investigation. The quarterly report shall be reviewed
8    by the individual or individuals at the Board who
9    conducted the preliminary review, if available.
10    Any agency or entity conducting an investigation under
11    this paragraph (1) shall, within 7 days of completing an
12    investigation, deliver an Investigative Summary Report and
13    copies of any administrative evidence to the Board. If the
14    Board finds an investigation conducted under this
15    paragraph (1) is incomplete, unsatisfactory, or deficient
16    in any way, the Board may direct the investigating entity
17    or agency to take any additional investigative steps
18    deemed necessary to thoroughly and satisfactorily complete
19    the investigation, or the Board may take any steps
20    necessary to complete the investigation. The investigating
21    entity or agency or, when necessary, the Board will then
22    amend and re-submit the Investigative Summary Report to
23    the Board for approval.
24        The Board shall submit a report to the investigating
25    entity disclosing the name, address, and telephone numbers
26    of persons who have knowledge of facts which are the

 

 

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1    subject of the investigation and identifying the subject
2    matter of their knowledge.
3        (2) The Board shall investigate and complete an
4    Investigative Summary Report when a State's Attorney's
5    Office submits a notice of violation to the Board under
6    (c)(1)(C).
7        (3) When a person submits a notice to the Board under
8    paragraph (2) of subsection (c), The Board shall assign
9    the investigation to the law enforcement agency that
10    employs the law enforcement officer, except when: (i) the
11    law enforcement agency requests to refer the notice to
12    another law enforcement agency or the Board for
13    investigation and such other agency or the Board agrees to
14    conduct the investigation; (ii) an external, independent,
15    or civilian oversight agency conducts the investigation in
16    accordance with local ordinance or other applicable law;
17    or (iii) the Board has determined that it will conduct the
18    investigation based upon the facts and circumstances of
19    the alleged violation, including but not limited to,
20    investigations regarding the Chief or Sheriff of a law
21    enforcement agency, familial conflict of interests,
22    complaints involving a substantial portion of a law
23    enforcement agency, or complaints involving a policy of a
24    law enforcement agency.
25        The investigating entity or agency shall submit
26    quarterly reports to the Board regarding the progress of

 

 

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1    the investigation in a form to be determined by the Board.
2    The quarterly report shall be reviewed by the individual
3    at the Board who conducted the preliminary review, if
4    available.
5    The investigating entity or agency shall, within 7 days of
6    completing an investigation, deliver an Investigative
7    Summary Report and copies of any evidence to the Board. If
8    the Board finds an investigation conducted under this
9    subsection (f)(3) is incomplete, unsatisfactory, or
10    deficient in any way, the Board may direct the
11    investigating entity to take any additional investigative
12    steps deemed necessary to thoroughly and satisfactorily
13    complete the investigation, or the Board may take any
14    steps necessary to complete the investigation. The
15    investigating entity or agency or, when necessary, the
16    Board will then amend and re-submit the Investigative
17    Summary Report to the Board for approval. The
18    investigating entity shall cooperate with and assist the
19    Board, as necessary, in any subsequent investigation.
20        (4) Concurrent Investigations. The Board may, at any
21    point, initiate a concurrent investigation under this
22    section. The original investigating entity shall timely
23    communicate, coordinate, and cooperate with the Board to
24    the fullest extent. The Board shall promulgate rules that
25    shall address, at a minimum, the sharing of information
26    and investigative means such as subpoenas and interviewing

 

 

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1    witnesses.
2        (5) Investigative Summary Report. An Investigative
3    Summary Report shall contain, at a minimum, the
4    allegations and elements within each allegation followed
5    by the testimonial, documentary, or physical evidence that
6    is relevant to each such allegation or element listed and
7    discussed in association with it. All persons who have
8    been interviewed and listed in the Investigative Summary
9    Report will be identified as a complainant, witness,
10    person with specialized knowledge, or law enforcement
11    employee.
12        (6) Each law enforcement agency shall adopt a written
13    policy regarding the investigation of conduct under
14    subsection (a) that involves a law enforcement officer
15    employed by that law enforcement agency. The written
16    policy adopted must include the following, at a minimum:
17            (a) Each law enforcement officer shall immediately
18        report any conduct under subsection (b) to the
19        appropriate supervising officer.
20            (b) The written policy under this Section shall be
21        available for inspection and copying under the Freedom
22        of Information Act, and not subject to any exemption
23        of that Act.
24        (7) Nothing in this Act shall prohibit a law
25    enforcement agency from conducting an investigation for
26    the purpose of internal discipline. However, any such

 

 

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1    investigation shall be conducted in a manner that avoids
2    interference with, and preserves the integrity of, any
3    separate investigation by the Board being conducted.
4    (g) Formal complaints. Upon receipt of an Investigative
5Summary Report, the Board shall review the Report and any
6relevant evidence obtained and determine whether there is
7reasonable basis to believe that the law enforcement officer
8committed any conduct that would be deemed a violation of this
9Act. If after reviewing the Report and any other relevant
10evidence obtained, the Board determines that a reasonable
11basis does exist, the Board shall file a formal complaint with
12the Certification Review Panel.
13    (h) Formal Complaint Hearing.
14        (1) Upon issuance of a formal complaint, the Panel
15    shall set the matter for an initial hearing in front of an
16    administrative law judge. At least 30 days before the date
17    set for an initial hearing, the Panel must, in writing,
18    notify the law enforcement officer subject to the
19    complaint of the following:
20            (i) the allegations against the law enforcement
21        officer, the time and place for the hearing, and
22        whether the law enforcement officer's certification
23        has been temporarily suspended under Section 8.3;
24            (ii) the right to file a written answer to the
25        complaint with the Panel within 30 days after service
26        of the notice;

 

 

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1            (iii) if the law enforcement officer fails to
2        comply with the notice of the default order in
3        paragraph (2), the Panel shall enter a default order
4        against the law enforcement officer along with a
5        finding that the allegations in the complaint are
6        deemed admitted, and that the law enforcement
7        officer's certification may be revoked as a result;
8        and
9            (iv) the law enforcement officer may request an
10        informal conference to surrender the officer's
11        certification.
12        (2) The Board shall send the law enforcement officer
13    notice of the default order. The notice shall state that
14    the officer has 30 days to notify the Board in writing of
15    their desire to have the order vacated and to appear
16    before the Board. If the law enforcement officer does not
17    notify the Board within 30 days, the Board may set the
18    matter for hearing. If the matter is set for hearing, the
19    Board shall send the law enforcement officer the notice of
20    the date, time and location of the hearing. If the law
21    enforcement officer or counsel for the officer does
22    appear, at the Board's discretion, the hearing may proceed
23    or may be continued to a date and time agreed upon by all
24    parties. If on the date of the hearing, neither the law
25    enforcement officer nor counsel for the officer appears,
26    the Board may proceed with the hearing for default in

 

 

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1    their absence.
2        (3) If the law enforcement officer fails to comply
3    with paragraph (2), all of the allegations contained in
4    the complaint shall be deemed admitted and the law
5    enforcement officer shall be decertified if, by a majority
6    vote of the panel, the conduct charged in the complaint is
7    found to constitute sufficient grounds for decertification
8    under this Act. Notice of the decertification decision may
9    be served by personal delivery, by mail, or, at the
10    discretion of the Board, by electronic means as adopted by
11    rule to the address or email address specified by the law
12    enforcement officer in the officer's last communication
13    with the Board. Notice shall also be provided to the law
14    enforcement officer's employing law enforcement agency.
15        (4) The Board, at the request of the law enforcement
16    officer subject to the Formal Complaint, may suspend a
17    hearing on a Formal Complaint for no more than one year if
18    a concurrent criminal matter is pending. If the law
19    enforcement officer requests to have the hearing
20    suspended, the law enforcement officer's certification
21    shall be deemed inactive until the law enforcement
22    officer's Formal Complaint hearing concludes. The Board or
23    the law enforcement officer may request to have the
24    hearing suspended for up to 6 additional months for good
25    cause. This request may be renewed. For purposes of this
26    paragraph (4), "good cause" means an incident or

 

 

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1    occurrence that is beyond the control of the requester and
2    that prevents the hearing from occurring, or holding the
3    hearing would impose an undue hardship or prejudice on the
4    requester.
5        (5) Surrender of certification or waiver. Upon the
6    Board's issuance of a complaint, and prior to hearing on
7    the matter, a law enforcement officer may choose to
8    surrender the officer's certification or waiver by
9    notifying the Board in writing of the officer's decision
10    to do so. Upon receipt of such notification from the law
11    enforcement officer, the Board shall immediately decertify
12    the officer, or revoke any waiver previously granted. In
13    the case of a surrender of certification or waiver, the
14    Board's proceeding shall terminate.
15        (6) Appointment of administrative law judges. The
16    Board shall retain any attorney licensed to practice law
17    in the State of Illinois to serve as an administrative law
18    judge in any action involving a law enforcement officer
19    under this Act. The administrative law judge shall be
20    retained to a term of no greater than 4 years. If more than
21    one judge is retained, the terms shall be staggered. The
22    administrative law judge has full authority to conduct the
23    hearings.
24        Administrative law judges will receive initial and
25    annual training that is adequate in quality, quantity,
26    scope, and type, and will cover, at minimum the following

 

 

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1    topics:
2            (i) constitutional and other relevant law on
3        police-community encounters, including the law on the
4        use of force and stops, searches, and arrests;
5            (ii) police tactics;
6            (iii) investigations of police conduct;
7            (iv) impartial policing;
8            (v) policing individuals in crisis;
9            (vi) Illinois police policies, procedures, and
10        disciplinary rules;
11            (vii) procedural justice; and
12            (viii) community outreach.
13        The Board shall determine the content and extent of
14    the training within the scope provided for by this
15    subsection.
16        (7) Hearing. At the hearing, the administrative law
17    judge will hear the allegations alleged in the complaint.
18    The law enforcement officer, the counsel of the officer's
19    choosing, and the Board, or the officer's counsel, shall
20    be afforded the opportunity to present any pertinent
21    statements, testimony, evidence, and arguments. The law
22    enforcement officer shall be afforded the opportunity to
23    request that the Board compel the attendance of witnesses
24    and production of related documents. After the conclusion
25    of the hearing, the administrative law judge shall report
26    any findings of fact, conclusions of law, and recommended

 

 

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1    disposition to the Panel. If the law enforcement officer
2    objects to any procedural or substantive legal portion of
3    the report, the officer may do so by written brief filed
4    with the Panel within 14 days after receipt of the report.
5    The Panel may grant reasonable extensions for good cause
6    shown or when mutually agreed upon by the parties.
7        No later than 28 days before the hearing, a party
8    shall disclose the following:
9            (i) The name and, if known, the address and
10        telephone number of each individual likely to have
11        information relevant to the hearing that the
12        disclosing party may use to support its claims or
13        defenses. This includes, but is not limited to, any
14        name that has previously been held as confidential by
15        the Board.
16            (ii) A copy of any documents and videos that are in
17        the possession, custody, or control of the party, and
18        that the disclosing party may use to support its
19        claims or defenses.
20        (8) Certification Review Meeting. Upon receipt of the
21    administrative law judge's findings of fact, conclusions
22    of law, and recommended disposition, and any submitted
23    objections from the law enforcement officer, the Panel
24    shall call for a certification review meeting.
25        In such a meeting, the Panel may adjourn into a closed
26    conference for the purposes of deliberating on the

 

 

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1    evidence presented during the hearing. In closed
2    conference, the Panel shall consider the hearing officer's
3    findings of fact, conclusions of law, and recommended
4    disposition and may deliberate on all evidence and
5    testimony received and may consider the weight and
6    credibility to be given to the evidence received. No new
7    or additional evidence may be presented to the Panel.
8    After concluding its deliberations, the Panel shall
9    convene in open session for its consideration of the
10    matter. If a simple majority of the Panel finds that no
11    allegations in the complaint supporting one or more
12    charges of misconduct are proven by clear and convincing
13    evidence, then the Panel shall recommend to the Board that
14    the complaint be dismissed. If a simple majority of the
15    Panel finds that the allegations in the complaint
16    supporting one or more charges of misconduct are proven by
17    clear and convincing evidence, then the Panel shall
18    recommend to the Board to decertify the officer. The Panel
19    shall prepare a summary report as soon as practicable
20    after the completion of the meeting including the
21    following: the hearing officer's findings of fact,
22    conclusions of law, recommended disposition, and the
23    Panel's order.
24        (9) Final action by the Board. After receiving the
25    Panel's recommendations and any objections by the law
26    enforcement officer, and after due consideration of the

 

 

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1    Panel's recommendations, the Board, by majority vote,
2    shall issue a final decision to decertify the law
3    enforcement officer or take no action in regard to the law
4    enforcement officer. No new or additional evidence may be
5    presented to the Board. If the Board makes a final
6    decision contrary to the recommendations of the Panel, the
7    Board shall set forth in its final written decision the
8    specific written reasons for not following the Panel's
9    recommendations. A copy of the Board's final decision
10    shall be served upon the law enforcement officer by the
11    Board, either personally or as provided in this Act for
12    the service of a notice of hearing. A copy of the Board's
13    final decision also shall be delivered to the last
14    employing law enforcement agency, the complainant, and the
15    Panel.
16        (10) Reconsideration of the Board's Decision. Within
17    30 days after service of the Board's final decision, the
18    Panel or the law enforcement officer may file a written
19    motion for reconsideration with the Review Committee. The
20    motion for reconsideration shall specify the particular
21    grounds for reconsideration. The non-moving party may
22    respond to the motion for reconsideration. The Review
23    Committee shall only address the issues raised by the
24    parties.
25        The Review Committee may deny the motion for
26    reconsideration, or it may grant the motion in whole or in

 

 

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1    part and issue a new final decision in the matter. The
2    Review Committee must notify the law enforcement officer
3    and their last employing law enforcement agency within 14
4    days of a denial and state the reasons for denial.
5    (i) This Section applies to conduct by a full-time or
6part-time law enforcement officer in violation of subsection
7(b) that occurred before, on, or after the effective date of
8this amendatory Act of the 102nd General Assembly.
9    (j) Notwithstanding any provision of law to the contrary,
10the changes made to this Section by this amendatory Act of the
11102nd General Assembly and Public Act 101-652 take effect July
121, 2022.
13(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
14    (50 ILCS 705/6.8 new)
15    Sec. 6.8. Officer certification when departing employment.
16    (a) A police officer's or corrections officer's
17certification is valid for one year after the officer departs
18employment in good standing and with the officer's
19certification still active. An employer, upon request by the
20officer, may issue a statement to the officer providing that
21the officer has left in good standing and shall also include
22the date of termination of service.
23    (b) An officer is not required to receive a training
24waiver if the officer resumes employment as a certified
25officer with a department or agency in Illinois no later than

 

 

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1one year after the officer departs employment at the previous
2department or agency under subsection (a). An officer who has
3become deficient in any required training during the year of
4continued certification under subsection (a) after departing
5employment shall have one year from the date the officer is
6reemployed by a new department or agency to complete all of the
7deficient training.
8    (c) If an officer has continued certification under
9subsection (a) and has a break in service of greater than one
10year, the Board shall either (i) require the officer to
11complete any training deficiencies prior to reemployment as a
12certified officer or (ii) grant a training waiver and allow
13the officer to complete any training deficiencies while
14employed as a full-time officer within one year after
15reemployment.
16    (d) Nothing in this Section permits an officer certified
17as a part-time officer from serving as a full-time officer
18without meeting the requirements and obtaining certification
19as a full-time officer.
 
20    (50 ILCS 705/6.9 new)
21    Sec. 6.9. Denial of Certification; decertification.
22    (a) If the Board denies the decision of a training school
23to approve a candidate to a qualified police training school,
24the Board must inform the employer and the candidate of the
25denial at least 14 days prior to the commencement of the start

 

 

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1of the training school.
2    (b) When decertifying an officer or when denying a
3training waiver, the Board may only decertify the officer or
4deny the training waiver for a criminal offense that would
5have resulted, on the date and time the action was committed,
6in decertification had the officer actually been employed as a
7law enforcement officer at the time of the action.
8Decertification may not happen retroactively for actions that
9required certification after the date the actions were
10committed.
 
11    (50 ILCS 705/6.10 new)
12    Sec. 6.10. Implementation of the federal Law Enforcement
13Officer Safety Act of 2004. The Board and its staff are
14responsible for facilitating and enabling coverage of active
15and retired deputies, county correctional officers, and
16correctional officers of the Department of Corrections in a
17manner consistent with Public Act 102-779. If the Board and
18its staff do not reasonably facilitate and enable coverage of
19active or retired deputies, county correctional officers, or
20correctional officers of the Department of Corrections under
21the federal Law Enforcement Officer Safety Act of 2004 or if
22the Board takes actions or refuses to take reasonable actions
23that inhibit coverage, the deputy or officer may institute a
24private right of action against the Board or its staff.
 

 

 

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1    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
2    (Text of Section before amendment by P.A. 103-389)
3    Sec. 8.1. Full-time law enforcement and county corrections
4officers.
5    (a) No person shall receive a permanent appointment as a
6law enforcement officer or a permanent appointment as a county
7corrections officer unless that person has been awarded,
8within 6 months of the officer's initial full-time employment,
9a certificate attesting to the officer's successful completion
10of the Minimum Standards Basic Law Enforcement or County
11Correctional Training Course as prescribed by the Board; or
12has been awarded a certificate attesting to the officer's
13satisfactory completion of a training program of similar
14content and number of hours and which course has been found
15acceptable by the Board under the provisions of this Act; or a
16training waiver by reason of extensive prior law enforcement
17or county corrections experience the basic training
18requirement is determined by the Board to be illogical and
19unreasonable.
20    If such training is required and not completed within the
21applicable 6 months, then the officer must forfeit the
22officer's position, or the employing agency must obtain a
23waiver from the Board extending the period for compliance.
24Such waiver shall be issued only for good and justifiable
25reasons, and in no case shall extend more than 90 days beyond
26the initial 6 months. Any hiring agency that fails to train a

 

 

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1law enforcement officer within this period shall be prohibited
2from employing this individual in a law enforcement capacity
3for one year from the date training was to be completed. If an
4agency again fails to train the individual a second time, the
5agency shall be permanently barred from employing this
6individual in a law enforcement capacity.
7    An individual who is not certified by the Board or whose
8certified status is inactive shall not function as a law
9enforcement officer, be assigned the duties of a law
10enforcement officer by an employing agency, or be authorized
11to carry firearms under the authority of the employer, except
12as otherwise authorized to carry a firearm under State or
13federal law. Sheriffs who are elected as of January 1, 2022
14(the effective date of Public Act 101-652) are exempt from the
15requirement of certified status. Failure to be certified in
16accordance with this Act shall cause the officer to forfeit
17the officer's position.
18    An employing agency may not grant a person status as a law
19enforcement officer unless the person has been granted an
20active law enforcement officer certification by the Board.
21    (b) Inactive status. A person who has an inactive law
22enforcement officer certification has no law enforcement
23authority.
24        (1) A law enforcement officer's certification becomes
25    inactive upon termination, resignation, retirement, or
26    separation from the officer's employing law enforcement

 

 

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1    agency for any reason. The Board shall re-activate a
2    certification upon written application from the law
3    enforcement officer's law enforcement agency that shows
4    the law enforcement officer: (i) has accepted a full-time
5    law enforcement position with that law enforcement agency,
6    (ii) is not the subject of a decertification proceeding,
7    and (iii) meets all other criteria for re-activation
8    required by the Board. The Board may also establish
9    special training requirements to be completed as a
10    condition for re-activation.
11        The Board shall review a notice for reactivation from
12    a law enforcement agency and provide a response within 30
13    days. The Board may extend this review. A law enforcement
14    officer shall be allowed to be employed as a full-time law
15    enforcement officer while the law enforcement officer
16    reactivation waiver is under review.
17        A law enforcement officer who is refused reactivation
18    or an employing agency of a law enforcement officer who is
19    refused reactivation under this Section may request a
20    hearing in accordance with the hearing procedures as
21    outlined in subsection (h) of Section 6.3 of this Act.
22        The Board may refuse to re-activate the certification
23    of a law enforcement officer who was involuntarily
24    terminated for good cause by an employing agency for
25    conduct subject to decertification under this Act or
26    resigned or retired after receiving notice of a law

 

 

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1    enforcement agency's investigation.
2        (2) A law enforcement agency may place an officer who
3    is currently certified on inactive status by sending a
4    written request to the Board. A law enforcement officer
5    whose certificate has been placed on inactive status shall
6    not function as a law enforcement officer until the
7    officer has completed any requirements for reactivating
8    the certificate as required by the Board. A request for
9    inactive status in this subsection shall be in writing,
10    accompanied by verifying documentation, and shall be
11    submitted to the Board with a copy to the chief
12    administrator of the law enforcement officer's current or
13    new employing agency.
14        (3) Certification that has become inactive under
15    paragraph (2) of this subsection (b) shall be reactivated
16    by written notice from the law enforcement officer's
17    agency upon a showing that the law enforcement officer:
18    (i) is employed in a full-time law enforcement position
19    with the same law enforcement agency, (ii) is not the
20    subject of a decertification proceeding, and (iii) meets
21    all other criteria for re-activation required by the
22    Board.
23        (4) Notwithstanding paragraph (3) of this subsection
24    (b), a law enforcement officer whose certification has
25    become inactive under paragraph (2) may have the officer's
26    employing agency submit a request for a waiver of training

 

 

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1    requirements to the Board in writing and accompanied by
2    any verifying documentation. A grant of a waiver is within
3    the discretion of the Board. Within 7 days of receiving a
4    request for a waiver under this Section, the Board shall
5    notify the law enforcement officer and the chief
6    administrator of the law enforcement officer's employing
7    agency, whether the request has been granted, denied, or
8    if the Board will take additional time for information. A
9    law enforcement agency whose request for a waiver under
10    this subsection is denied is entitled to request a review
11    of the denial by the Board. The law enforcement agency
12    must request a review within 20 days of the waiver being
13    denied. The burden of proof shall be on the law
14    enforcement agency to show why the law enforcement officer
15    is entitled to a waiver of the legislatively required
16    training and eligibility requirements.
17    (c) No provision of this Section shall be construed to
18mean that a county corrections officer employed by a
19governmental agency at the time of the effective date of this
20amendatory Act, either as a probationary county corrections
21officer or as a permanent county corrections officer, shall
22require certification under the provisions of this Section. No
23provision of this Section shall be construed to apply to
24certification of elected county sheriffs.
25    (d) Within 14 days, a law enforcement officer shall report
26to the Board: (1) any name change; (2) any change in

 

 

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1employment; or (3) the filing of any criminal indictment or
2charges against the officer alleging that the officer
3committed any offense as enumerated in Section 6.1 of this
4Act.
5    (e) All law enforcement officers must report the
6completion of the training requirements required in this Act
7in compliance with Section 8.4 of this Act.
8    (e-1) Each employing law enforcement agency shall allow
9and provide an opportunity for a law enforcement officer to
10complete the mandated requirements in this Act. All mandated
11training shall be provided at no cost to the employees.
12Employees shall be paid for all time spent attending mandated
13training.
14    (e-2) Each agency, academy, or training provider shall
15maintain proof of a law enforcement officer's completion of
16legislatively required training in a format designated by the
17Board. The report of training shall be submitted to the Board
18within 30 days following completion of the training. A copy of
19the report shall be submitted to the law enforcement officer.
20Upon receipt of a properly completed report of training, the
21Board will make the appropriate entry into the training
22records of the law enforcement officer.
23    (f) This Section does not apply to part-time law
24enforcement officers or probationary part-time law enforcement
25officers.
26    (g) Notwithstanding any provision of law to the contrary,

 

 

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1the changes made to this Section by Public Act 101-652, Public
2Act 102-28, and Public Act 102-694 take effect July 1, 2022.
3(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
4103-154, eff. 6-30-23.)
 
5    (Text of Section after amendment by P.A. 103-389)
6    Sec. 8.1. Full-time law enforcement and county corrections
7officers.
8    (a) No person shall receive a permanent appointment as a
9law enforcement officer or a permanent appointment as a county
10corrections officer unless that person has been awarded,
11within 6 months of the officer's initial full-time employment,
12a certificate attesting to the officer's successful completion
13of the Minimum Standards Basic Law Enforcement or County
14Correctional Training Course as prescribed by the Board; or
15has been awarded a certificate attesting to the officer's
16satisfactory completion of a training program of similar
17content and number of hours and which course has been found
18acceptable by the Board under the provisions of this Act; or a
19training waiver by reason of prior law enforcement or county
20corrections experience, obtained in Illinois, in any other
21state, or with an agency of the federal government, the basic
22training requirement is determined by the Board to be
23illogical and unreasonable. The Board may not require an
24officer employed as a full-time certified officer by one
25department or agency who simultaneously becomes employed as a

 

 

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1part-time officer by another department or agency to receive a
2waiver of training or take any other action for purposes of the
3second employment. Agencies seeking a reciprocity waiver for
4training completed outside of Illinois must conduct a thorough
5background check and provide verification of the officer's
6prior training. After review and satisfaction of all requested
7conditions, the officer shall be awarded an equivalency
8certificate satisfying the requirements of this Section.
9Within 60 days after the effective date of this amendatory Act
10of the 103rd General Assembly, the Board shall adopt uniform
11rules providing for a waiver process for a person previously
12employed and qualified as a law enforcement or county
13corrections officer under federal law or the laws of any other
14state, or who has completed a basic law enforcement officer or
15correctional officer academy who would be qualified to be
16employed as a law enforcement officer or correctional officer
17by the federal government or any other state. These rules
18shall address the process for evaluating prior training
19credit, a description and list of the courses typically
20required for reciprocity candidates to complete prior to
21taking the exam, and a procedure for employers seeking a
22pre-activation determination for a reciprocity training
23waiver. The rules shall provide that any eligible person
24previously trained as a law enforcement or county corrections
25officer under federal law or the laws of any other state shall
26successfully complete the following prior to the approval of a

 

 

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1waiver:
2        (1) a training program or set of coursework approved
3    by the Board on the laws of this State relevant to the
4    duties and training requirements of law enforcement and
5    county correctional officers;
6        (2) firearms training; and
7        (3) successful passage of the equivalency
8    certification examination.
9    If such training is required and not completed within the
10applicable 6 months, then the officer must forfeit the
11officer's position, or the employing agency must obtain a
12waiver from the Board extending the period for compliance.
13Such waiver shall be issued only for good and justifiable
14reasons, and in no case shall extend more than 90 days beyond
15the initial 6 months. Any hiring agency that fails to train a
16law enforcement officer within this period shall be prohibited
17from employing this individual in a law enforcement capacity
18for one year from the date training was to be completed. If an
19agency again fails to train the individual a second time, the
20agency shall be permanently barred from employing this
21individual in a law enforcement capacity.
22    An individual who is not certified by the Board or whose
23certified status is inactive shall not function as a law
24enforcement officer, be assigned the duties of a law
25enforcement officer by an employing agency, or be authorized
26to carry firearms under the authority of the employer, except

 

 

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1as otherwise authorized to carry a firearm under State or
2federal law. Sheriffs who are elected as of January 1, 2022
3(the effective date of Public Act 101-652) are exempt from the
4requirement of certified status. Failure to be certified in
5accordance with this Act shall cause the officer to forfeit
6the officer's position.
7    An employing agency may not grant a person status as a law
8enforcement officer unless the person has been granted an
9active law enforcement officer certification by the Board.
10    (b) Inactive status. A person who has an inactive law
11enforcement officer certification has no law enforcement
12authority.
13        (1) Except as provided in Section 6.8, a A law
14    enforcement officer's certification becomes inactive upon
15    termination, resignation, retirement, or separation from
16    the officer's employing law enforcement agency for any
17    reason. The Board shall re-activate a certification upon
18    written application from the law enforcement officer's law
19    enforcement agency that shows the law enforcement officer:
20    (i) has accepted a full-time law enforcement position with
21    that law enforcement agency, (ii) is not the subject of a
22    decertification proceeding, and (iii) meets all other
23    criteria for re-activation required by the Board. The
24    Board may also establish special training requirements to
25    be completed as a condition for re-activation.
26        The Board shall review a notice for reactivation from

 

 

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1    a law enforcement agency and provide a response within 30
2    days. The Board may extend this review. A law enforcement
3    officer shall be allowed to be employed as a full-time law
4    enforcement officer while the law enforcement officer
5    reactivation waiver is under review.
6        A law enforcement officer who is refused reactivation
7    or an employing agency of a law enforcement officer who is
8    refused reactivation under this Section may request a
9    hearing in accordance with the hearing procedures as
10    outlined in subsection (h) of Section 6.3 of this Act.
11        The Board may refuse to re-activate the certification
12    of a law enforcement officer who was involuntarily
13    terminated for good cause by an employing agency for
14    conduct subject to decertification under this Act or
15    resigned or retired after receiving notice of a law
16    enforcement agency's investigation.
17        (2) A law enforcement agency may place an officer who
18    is currently certified on inactive status by sending a
19    written request to the Board. A law enforcement officer
20    whose certificate has been placed on inactive status shall
21    not function as a law enforcement officer until the
22    officer has completed any requirements for reactivating
23    the certificate as required by the Board. A request for
24    inactive status in this subsection shall be in writing,
25    accompanied by verifying documentation, and shall be
26    submitted to the Board with a copy to the chief

 

 

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1    administrator of the law enforcement officer's current or
2    new employing agency.
3        (3) Certification that has become inactive under
4    paragraph (2) of this subsection (b) shall be reactivated
5    by written notice from the law enforcement officer's
6    agency upon a showing that the law enforcement officer:
7    (i) is employed in a full-time law enforcement position
8    with the same law enforcement agency, (ii) is not the
9    subject of a decertification proceeding, and (iii) meets
10    all other criteria for re-activation required by the
11    Board.
12        (4) Notwithstanding paragraph (3) of this subsection
13    (b), a law enforcement officer whose certification has
14    become inactive under paragraph (2) may have the officer's
15    employing agency submit a request for a waiver of training
16    requirements to the Board in writing and accompanied by
17    any verifying documentation. A grant of a waiver is within
18    the discretion of the Board. Within 7 days of receiving a
19    request for a waiver under this Section, the Board shall
20    notify the law enforcement officer and the chief
21    administrator of the law enforcement officer's employing
22    agency, whether the request has been granted, denied, or
23    if the Board will take additional time for information. A
24    law enforcement agency whose request for a waiver under
25    this subsection is denied is entitled to request a review
26    of the denial by the Board. The law enforcement agency

 

 

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1    must request a review within 20 days of the waiver being
2    denied. The burden of proof shall be on the law
3    enforcement agency to show why the law enforcement officer
4    is entitled to a waiver of the legislatively required
5    training and eligibility requirements.
6    (c) No provision of this Section shall be construed to
7mean that a county corrections officer employed by a
8governmental agency at the time of the effective date of this
9amendatory Act, either as a probationary county corrections
10officer or as a permanent county corrections officer, shall
11require certification under the provisions of this Section. No
12provision of this Section shall be construed to apply to
13certification of elected county sheriffs.
14    (d) Within 14 days, a law enforcement officer shall report
15to the Board: (1) any name change; (2) any change in
16employment; or (3) the filing of any criminal indictment or
17charges against the officer alleging that the officer
18committed any offense as enumerated in Section 6.1 of this
19Act.
20    (e) All law enforcement officers must report the
21completion of the training requirements required in this Act
22in compliance with Section 8.4 of this Act.
23    (e-1) Each employing law enforcement agency shall allow
24and provide an opportunity for a law enforcement officer to
25complete the mandated requirements in this Act. All mandated
26training shall be provided at no cost to the employees.

 

 

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1Employees shall be paid for all time spent attending mandated
2training.
3    (e-2) Each agency, academy, or training provider shall
4maintain proof of a law enforcement officer's completion of
5legislatively required training in a format designated by the
6Board. The report of training shall be submitted to the Board
7within 30 days following completion of the training. A copy of
8the report shall be submitted to the law enforcement officer.
9Upon receipt of a properly completed report of training, the
10Board will make the appropriate entry into the training
11records of the law enforcement officer.
12    (f) This Section does not apply to part-time law
13enforcement officers or probationary part-time law enforcement
14officers.
15    (g) Notwithstanding any provision of law to the contrary,
16the changes made to this Section by Public Act 101-652, Public
17Act 102-28, and Public Act 102-694 take effect July 1, 2022.
18(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
19103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
 
20    (50 ILCS 705/8.2)
21    Sec. 8.2. Part-time law enforcement officers.
22    (a) A person hired to serve as a part-time law enforcement
23officer must obtain from the Board a certificate (i) attesting
24to the officer's successful completion of the part-time police
25training course; (ii) attesting to the officer's satisfactory

 

 

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1completion of a training program of similar content and number
2of hours that has been found acceptable by the Board under the
3provisions of this Act; or (iii) a training waiver attesting
4to the Board's determination that the part-time police
5training course is unnecessary because of the person's prior
6law enforcement experience obtained in Illinois, in any other
7state, or with an agency of the federal government. The Board
8may not require an officer employed as a part-time certified
9officer by one department or agency who simultaneously becomes
10employed as a part-time officer by another department or
11agency to receive a waiver of training or take any other action
12for purposes of the second employment. A person hired on or
13after the effective date of this amendatory Act of the 92nd
14General Assembly must obtain this certificate within 18 months
15after the initial date of hire as a probationary part-time law
16enforcement officer in the State of Illinois. The probationary
17part-time law enforcement officer must be enrolled and
18accepted into a Board-approved course within 6 months after
19active employment by any department in the State. A person
20hired on or after January 1, 1996 and before the effective date
21of this amendatory Act of the 92nd General Assembly must
22obtain this certificate within 18 months after the date of
23hire. A person hired before January 1, 1996 must obtain this
24certificate within 24 months after the effective date of this
25amendatory Act of 1995. Agencies seeking a reciprocity waiver
26for training completed outside of Illinois must conduct a

 

 

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1thorough background check and provide verification of the
2officer's prior training. After review and satisfaction of all
3requested conditions, the officer shall be awarded an
4equivalency certificate satisfying the requirements of this
5Section. Within 60 days after the effective date of this
6amendatory Act of the 103rd General Assembly, the Board shall
7adopt uniform rules providing for a waiver process for a
8person previously employed and qualified as a law enforcement
9or county corrections officer under federal law or the laws of
10any other state, or who has completed a basic law enforcement
11officer or correctional officer academy who would be qualified
12to be employed as a law enforcement officer or correctional
13officer by the federal government or any other state. These
14rules shall address the process for evaluating prior training
15credit, a description and list of the courses typically
16required for reciprocity candidates to complete prior to
17taking the exam, and a procedure for employers seeking a
18pre-activation determination for a reciprocity training
19waiver. The rules shall provide that any eligible person
20previously trained as a law enforcement or county corrections
21officer under federal law or the laws of any other state shall
22successfully complete the following prior to the approval of a
23waiver:
24        (1) a training program or set of coursework approved
25    by the Board on the laws of this State relevant to the
26    duties and training requirements of law enforcement and

 

 

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1    county correctional officers;
2        (2) firearms training; and
3        (3) successful passage of the equivalency
4    certification examination.
5    The employing agency may seek an extension waiver from the
6Board extending the period for compliance. An extension waiver
7shall be issued only for good and justifiable reasons, and the
8probationary part-time law enforcement officer may not
9practice as a part-time law enforcement officer during the
10extension waiver period. If training is required and not
11completed within the applicable time period, as extended by
12any waiver that may be granted, then the officer must forfeit
13the officer's position.
14    An individual who is not certified by the Board or whose
15certified status is inactive shall not function as a law
16enforcement officer, be assigned the duties of a law
17enforcement officer by an agency, or be authorized to carry
18firearms under the authority of the employer, except that
19sheriffs who are elected are exempt from the requirement of
20certified status. Failure to be in accordance with this Act
21shall cause the officer to forfeit the officer's position.
22    (a-5) A part-time probationary law enforcement officer
23shall be allowed to complete six months of a part-time police
24training course and function as a law enforcement officer as
25permitted by this subsection with a waiver from the Board,
26provided the part-time law enforcement officer is still

 

 

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1enrolled in the training course. If the part-time probationary
2law enforcement officer withdraws from the course for any
3reason or does not complete the course within the applicable
4time period, as extended by any waiver that may be granted,
5then the officer must forfeit the officer's position. A
6probationary law enforcement officer must function under the
7following rules:
8        (1) A law enforcement agency may not grant a person
9    status as a law enforcement officer unless the person has
10    been granted an active law enforcement officer
11    certification by the Board.
12        (2) A part-time probationary law enforcement officer
13    shall not be used as a permanent replacement for a
14    full-time law enforcement.
15        (3) A part-time probationary law enforcement officer
16    shall be directly supervised at all times by a Board
17    certified law enforcement officer. Direct supervision
18    requires oversight and control with the supervisor having
19    final decision-making authority as to the actions of the
20    recruit during duty hours.
21    (b) Inactive status. A person who has an inactive law
22enforcement officer certification has no law enforcement
23authority.
24        (1) Except as provided in Section 6.8, a A law
25    enforcement officer's certification becomes inactive upon
26    termination, resignation, retirement, or separation from

 

 

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1    the employing agency for any reason. The Board shall
2    re-activate a certification upon written application from
3    the law enforcement officer's employing agency that shows
4    the law enforcement officer: (i) has accepted a part-time
5    law enforcement position with that a law enforcement
6    agency, (ii) is not the subject of a decertification
7    proceeding, and (iii) meets all other criteria for
8    re-activation required by the Board.
9        The Board may refuse to re-activate the certification
10    of a law enforcement officer who was involuntarily
11    terminated for good cause by the officer's employing
12    agency for conduct subject to decertification under this
13    Act or resigned or retired after receiving notice of a law
14    enforcement agency's investigation.
15        (2) A law enforcement agency may place an officer who
16    is currently certified on inactive status by sending a
17    written request to the Board. A law enforcement officer
18    whose certificate has been placed on inactive status shall
19    not function as a law enforcement officer until the
20    officer has completed any requirements for reactivating
21    the certificate as required by the Board. A request for
22    inactive status in this subsection shall be in writing,
23    accompanied by verifying documentation, and shall be
24    submitted to the Board by the law enforcement officer's
25    employing agency.
26        (3) Certification that has become inactive under

 

 

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1    paragraph (2) of this subsection (b), shall be reactivated
2    by written notice from the law enforcement officer's law
3    enforcement agency upon a showing that the law enforcement
4    officer is: (i) employed in a part-time law enforcement
5    position with the same law enforcement agency, (ii) not
6    the subject of a decertification proceeding, and (iii)
7    meets all other criteria for re-activation required by the
8    Board. The Board may also establish special training
9    requirements to be completed as a condition for
10    re-activation.
11        The Board shall review a notice for reactivation from
12    a law enforcement agency and provide a response within 30
13    days. The Board may extend this review. A law enforcement
14    officer shall be allowed to be employed as a part-time law
15    enforcement officer while the law enforcement officer
16    reactivation waiver is under review.
17        A law enforcement officer who is refused reactivation
18    or an employing agency of a law enforcement officer who is
19    refused reactivation under this Section may request a
20    hearing in accordance with the hearing procedures as
21    outlined in subsection (h) of Section 6.3 of this Act.
22        (4) Notwithstanding paragraph (3) of this Section, a
23    law enforcement officer whose certification has become
24    inactive under paragraph (2) may have the officer's
25    employing agency submit a request for a waiver of training
26    requirements to the Board in writing and accompanied by

 

 

SB3370- 75 -LRB103 35788 AWJ 65871 b

1    any verifying documentation. A grant of a waiver is within
2    the discretion of the Board. Within 7 days of receiving a
3    request for a waiver under this section, the Board shall
4    notify the law enforcement officer and the chief
5    administrator of the law enforcement officer's employing
6    agency, whether the request has been granted, denied, or
7    if the Board will take additional time for information. A
8    law enforcement agency or law enforcement officer, whose
9    request for a waiver under this subsection is denied, is
10    entitled to request a review of the denial by the Board.
11    The law enforcement agency must request a review within 20
12    days after the waiver being denied. The burden of proof
13    shall be on the law enforcement agency to show why the law
14    enforcement officer is entitled to a waiver of the
15    legislatively required training and eligibility
16    requirements.
17    (c) The part-time police training course referred to in
18this Section shall be of similar content and the same number of
19hours as the courses for full-time officers and shall be
20provided by Mobile Team In-Service Training Units under the
21Intergovernmental Law Enforcement Officer's In-Service
22Training Act or by another approved program or facility in a
23manner prescribed by the Board.
24    (d) Within 14 days, a law enforcement officer shall report
25to the Board: (1) any name change; (2) any change in
26employment; or (3) the filing of any criminal indictment or

 

 

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1charges against the officer alleging that the officer
2committed any offense as enumerated in Section 6.1 of this
3Act.
4    (e) All law enforcement officers must report the
5completion of the training requirements required in this Act
6in compliance with Section 8.4 of this Act.
7    (e-1) Each employing agency shall allow and provide an
8opportunity for a law enforcement officer to complete the
9requirements in this Act. All mandated training shall be
10provided for at no cost to the employees. Employees shall be
11paid for all time spent attending mandated training.
12    (e-2) Each agency, academy, or training provider shall
13maintain proof of a law enforcement officer's completion of
14legislatively required training in a format designated by the
15Board. The report of training shall be submitted to the Board
16within 30 days following completion of the training. A copy of
17the report shall be submitted to the law enforcement officer.
18Upon receipt of a properly completed report of training, the
19Board will make the appropriate entry into the training
20records of the law enforcement officer.
21    (f) For the purposes of this Section, the Board shall
22adopt rules defining what constitutes employment on a
23part-time basis.
24    (g) Notwithstanding any provision of law to the contrary,
25the changes made to this Section by this amendatory Act of the
26102nd General Assembly and Public Act 101-652 take effect July

 

 

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11, 2022.
2(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
 
3    (50 ILCS 705/9)  (from Ch. 85, par. 509)
4    Sec. 9. A special fund is hereby established in the State
5Treasury to be known as the Traffic and Criminal Conviction
6Surcharge Fund. Moneys in this Fund shall be expended as
7follows:
8        (1) a portion of the total amount deposited in the
9    Fund may be used, as appropriated by the General Assembly,
10    for the ordinary and contingent expenses of the Illinois
11    Law Enforcement Training Standards Board;
12        (2) a portion of the total amount deposited in the
13    Fund shall be appropriated for the reimbursement of local
14    governmental agencies participating in training programs
15    certified by the Board, in an amount equaling 1/2 of the
16    total sum paid by such agencies during the State's
17    previous fiscal year for mandated training for
18    probationary law enforcement officers or probationary
19    county corrections officers and for optional advanced and
20    specialized law enforcement or county corrections
21    training; these reimbursements may include the costs for
22    tuition at training schools, the salaries of trainees
23    while in schools, and the necessary travel and room and
24    board expenses for each trainee; if the appropriations
25    under this paragraph (2) are not sufficient to fully

 

 

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1    reimburse the participating local governmental agencies,
2    the available funds shall be apportioned among such
3    agencies, with priority first given to repayment of the
4    costs of mandatory training given to law enforcement
5    officer or county corrections officer recruits, then to
6    repayment of costs of advanced or specialized training for
7    permanent law enforcement officers or permanent county
8    corrections officers;
9        (3) a portion of the total amount deposited in the
10    Fund may be used to fund the Intergovernmental Law
11    Enforcement Officer's In-Service Training Act, veto
12    overridden October 29, 1981, as now or hereafter amended,
13    at a rate and method to be determined by the board;
14        (4) a portion of the Fund also may be used by the
15    Illinois State Police for expenses incurred in the
16    training of employees from any State, county, or municipal
17    agency whose function includes enforcement of criminal or
18    traffic law;
19        (5) a portion of the Fund may be used by the Board to
20    fund grant-in-aid programs and services for the training
21    of employees from any county or municipal agency whose
22    functions include corrections or the enforcement of
23    criminal or traffic law;
24        (6) for fiscal years 2013 through 2017 only, a portion
25    of the Fund also may be used by the Department of State
26    Police to finance any of its lawful purposes or functions;

 

 

SB3370- 79 -LRB103 35788 AWJ 65871 b

1        (7) a portion of the Fund may be used by the Board,
2    subject to appropriation, to administer grants to local
3    law enforcement agencies for the purpose of purchasing
4    bulletproof vests under the Law Enforcement Officer
5    Bulletproof Vest Act; and
6        (8) a portion of the Fund may be used by the Board to
7    create a law enforcement grant program available for units
8    of local government to fund crime prevention programs,
9    training, and interdiction efforts, including enforcement
10    and prevention efforts, relating to the illegal cannabis
11    market and driving under the influence of cannabis; and .
12        (9) 1.5% of each deposit into the Fund shall be
13    transferred by the Comptroller to the Illinois Law
14    Enforcement Standards Appeal Fund within 10 days after
15    deposit of the moneys.
16    All payments from the Traffic and Criminal Conviction
17Surcharge Fund shall be made each year from moneys
18appropriated for the purposes specified in this Section. No
19more than 50% of any appropriation under this Act shall be
20spent in any city having a population of more than 500,000. The
21State Comptroller and the State Treasurer shall from time to
22time, at the direction of the Governor, transfer from the
23Traffic and Criminal Conviction Surcharge Fund to the General
24Revenue Fund in the State Treasury such amounts as the
25Governor determines are in excess of the amounts required to
26meet the obligations of the Traffic and Criminal Conviction

 

 

SB3370- 80 -LRB103 35788 AWJ 65871 b

1Surcharge Fund.
2(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
3102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
4    Section 20. The State Finance Act is amended by adding
5Section 1.1015 as follows:
 
6    (30 ILCS 105/1.1015 new)
7    Sec. 1.1015. The Illinois Law Enforcement Standards Appeal
8Fund.
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.

 

 

SB3370- 81 -LRB103 35788 AWJ 65871 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 2610/12.8 new
5    50 ILCS 705/3from Ch. 85, par. 503
6    50 ILCS 705/6.1
7    50 ILCS 705/6.3
8    50 ILCS 705/6.8 new
9    50 ILCS 705/6.9 new
10    50 ILCS 705/6.10 new
11    50 ILCS 705/8.1from Ch. 85, par. 508.1
12    50 ILCS 705/8.2
13    50 ILCS 705/9from Ch. 85, par. 509
14    30 ILCS 105/1.1015 new