093_HB3216

 
                                     LRB093 10925 MKM 11473 b

 1        AN ACT concerning law enforcement training.

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

 4        Section  5.   The Illinois Police Training Act is amended
 5    by changing Sections 6, 6.1, 8.1, and 8.2 and adding  Section
 6    6.2 as follows:

 7        (50 ILCS 705/6) (from Ch. 85, par. 506)
 8        Sec.  6.  Powers  and  duties  of  Board;  selection  and
 9    certification of schools.  The Board shall select and certify
10    schools  within  the  State  of  Illinois  for the purpose of
11    providing basic training for  probationary  police  officers,
12    probationary  county corrections officers, and court security
13    officers and of providing advanced or in-service training for
14    permanent police officers  or  permanent  county  corrections
15    officers,  which  schools may be either publicly or privately
16    owned and operated.  In addition, the Board has the following
17    power and duties:
18             a.  To require local governmental units  to  furnish
19        such reports and information as the Board deems necessary
20        to  fully  implement this Act, including, but not limited
21        to, personnel rosters,  employment  status  reports,  and
22        annual training plans.
23             b.  To   establish   appropriate  mandatory  minimum
24        standards relating to the training of probationary  local
25        law   enforcement   officers   or   probationary   county
26        corrections officers.
27             c.  To     provide    appropriate    licensure    or
28        certification  to   those   probationary   officers   who
29        successfully  complete  the  prescribed  minimum standard
30        basic training course.
31             d.  To review and approve annual training curriculum
 
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 1        for county sheriffs.
 2             e.  To review and approve applicants to ensure  that
 3        no  applicant  is  admitted to a certified academy unless
 4        the applicant is a person of good character and  has  not
 5        been   convicted   of   a  felony  offense,  any  of  the
 6        misdemeanors in  Sections  11-6,  11-9.1,  11-14,  11-17,
 7        11-19,  12-2,  12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
 8        31-6, 31-7, 32-4a, or 32-7 of the Criminal Code  of  1961
 9        or  Section  5  or  5.2 of the Cannabis Control Act, or a
10        crime involving moral turpitude under the  laws  of  this
11        State or any other state which if committed in this State
12        would  be  punishable  as  a  felony  or a crime of moral
13        turpitude.  The Board may appoint investigators who shall
14        enforce the duties conferred upon the Board by this Act.
15    (Source: P.A. 91-495, eff. 1-1-00.)

16        (50 ILCS 705/6.1)
17        Sec.  6.1.  Revocation  of  license  Decertification   of
18    full-time and part-time police officers.
19        (a)  The  Board  must  review  police officer conduct and
20    records  to  ensure  that  no  police  officer  is   licensed
21    certified  or  provided a valid waiver if that police officer
22    has been convicted of or has pled guilty to a felony  offense
23    under  the  laws  of  this  State or any other state which if
24    committed in this State would be punishable as a felony.  The
25    Board must also ensure that no  police  officer  is  licensed
26    certified  or  provided a valid waiver if that police officer
27    has been convicted on or after the  effective  date  of  this
28    amendatory  Act  of 1999 of any misdemeanor specified in this
29    Section or if committed  in  any  other  state  would  be  an
30    offense similar to Section 11-6, 11-9.1, 11-14, 11-17, 11-19,
31    12-2,  12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
32    32-4a, or 32-7 of the Criminal Code of 1961 or to  Section  5
33    or  5.2  of the Cannabis Control Act.  The Board must appoint
 
                            -3-      LRB093 10925 MKM 11473 b
 1    investigators to enforce the duties conferred upon the  Board
 2    by this Act.
 3        (b)  It is the responsibility of the sheriff or the chief
 4    executive  officer  of  every local law enforcement agency or
 5    department within this State  to  report  to  the  Board  any
 6    arrest or conviction of any officer for an offense identified
 7    in this Section.
 8        (c)  It is the duty and responsibility of every full-time
 9    and  part-time  police officer in this State to report to the
10    Board within 30 days, and  the  officer's  sheriff  or  chief
11    executive  officer, of his or her arrest or conviction for an
12    offense  identified  in  this  Section.   Any  full-time   or
13    part-time police officer who knowingly makes, submits, causes
14    to be submitted, or files a false or untruthful report to the
15    Board  must  have  his  or  her license certificate or waiver
16    immediately decertified or revoked.
17        (d)  Any person, or a local or State agency, or the Board
18    is immune  from  liability  for  submitting,  disclosing,  or
19    releasing  information  of  arrests  or  convictions  in this
20    Section as long as the information is  submitted,  disclosed,
21    or  released in good faith and without malice.  The Board has
22    qualified immunity for the release of the information.
23        (e)  Whenever a Any full-time or part-time police officer
24    with a license certificate or waiver issued by the Board  who
25    is  convicted of or pleads guilty to any offense described in
26    this Section, his or her license or waiver  is  automatically
27    revoked  by operation of law. immediately becomes decertified
28    or no longer has a valid  waiver.   The  decertification  and
29    invalidity  of waivers occurs as a matter of law.  Failure of
30    a convicted  person  to  report  to  the  Board  his  or  her
31    conviction  as described in this Section or any continued law
32    enforcement practice after receiving a conviction is a  Class
33    4 felony.
34        (f)    The  Board's  investigators are peace officers and
 
                            -4-      LRB093 10925 MKM 11473 b
 1    have all the powers possessed by policemen in cities  and  by
 2    sheriff's, provided that the investigators may exercise those
 3    powers   anywhere  in  the  State,  only  after  contact  and
 4    cooperation  with  the  appropriate  local  law   enforcement
 5    authorities.
 6        (g)  The  Board  must request and receive information and
 7    assistance from any federal,  state,  or  local  governmental
 8    agency   as   part  of  the  authorized  criminal  background
 9    investigation.  The Department of State Police must  process,
10    retain,  and additionally provide and disseminate information
11    to  the   Board   concerning   criminal   charges,   arrests,
12    convictions,  and  their  disposition,  that  have been filed
13    before, on, or after the effective date  of  this  amendatory
14    Act  of  the  91st  General  Assembly against a basic academy
15    applicant, law  enforcement  applicant,  or  law  enforcement
16    officer whose fingerprint identification cards are on file or
17    maintained  by  the  Department of State Police.  The Federal
18    Bureau of Investigation must provide the Board  any  criminal
19    history  record information contained in its files pertaining
20    to law enforcement officers  or  any  applicant  to  a  Board
21    certified  basic law enforcement academy as described in this
22    Act based on fingerprint identification.  The Board must make
23    payment of fees to the Department of State  Police  for  each
24    fingerprint   card   submission   in   conformance  with  the
25    requirements of paragraph 22 of  Section  55a  of  the  Civil
26    Administrative Code of Illinois.
27    (Source: P.A. 91-495, eff. 1-1-00.)

28        (50 ILCS 705/6.2 new)
29        Sec. 6.2.  Conversion of certificates to licenses.
30        (a)  Beginning  on  the effective date of this amendatory
31    Act of the 93rd General Assembly, the Board's recognition  of
32    persons   who  have  successfully  completed  the  prescribed
33    minimum standard basic training course  for  police  officers
 
                            -5-      LRB093 10925 MKM 11473 b
 1    shall be known as licensure rather than certification.
 2        (b)  If   a   person   has   successfully  completed  the
 3    prescribed minimum standard basic training course for  police
 4    officers  and  holds  a valid certification to that effect on
 5    the effective date of this amendatory Act of the 93rd General
 6    Assembly, that certification shall be deemed to be a  license
 7    for the purposes of this Act.
 8        (c)  If,  on the effective date of this amendatory Act of
 9    the 93rd General Assembly, a person holds a valid waiver from
10    one of the certification requirements of this Act for  police
11    officers,  that  waiver  shall  be  deemed  a waiver from the
12    corresponding licensure requirement of this Act.
13        (d)  The Board shall replace the  certificates  or  other
14    evidences  of  certification or waiver for police officers in
15    use on the effective date of this amendatory Act of the  93rd
16    General  Assembly  with new credentials reflecting the change
17    in nomenclature instituted by this amendatory Act.

18        (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
19        Sec.  8.1.  Full-time  police  and   county   corrections
20    officers.
21        (a)  After  January  1,  1976,  no person shall receive a
22    permanent appointment as a law enforcement officer as defined
23    in  this  Act,  nor  shall  any  person  receive,  after  the
24    effective date of this amendatory Act of  1984,  a  permanent
25    appointment  as  a  county  corrections  officer, unless that
26    person has been awarded, within 6 six months of  his  or  her
27    initial   full-time  employment,  a  license  or  certificate
28    attesting to his or her successful completion of the  Minimum
29    Standards  Basic  Law  Enforcement  and  County  Correctional
30    Training  Course  as  prescribed  by  the  Board; or has been
31    awarded a license or certificate  attesting  to  his  or  her
32    satisfactory  completion  of  a  training  program of similar
33    content and number of hours and which course has  been  found
 
                            -6-      LRB093 10925 MKM 11473 b
 1    acceptable  by the Board under the provisions of this Act; or
 2    by reason  of  extensive  prior  law  enforcement  or  county
 3    corrections  experience  the  basic  training  requirement is
 4    determined by the Board to be illogical and unreasonable.
 5        If such training is required and not completed within the
 6    applicable 6 six months, then the officer must forfeit his or
 7    her position, or the employing agency must  obtain  a  waiver
 8    from  the  Board  extending  the period for compliance.  Such
 9    waiver shall be issued only for good and justifiable reasons,
10    and in no case shall extend more  than  90  days  beyond  the
11    initial 6 six months.
12        (b)  No  provision  of this Section shall be construed to
13    mean that a law  enforcement  officer  employed  by  a  local
14    governmental agency at the time of the effective date of this
15    amendatory Act, either as a probationary police officer or as
16    a  permanent  police  officer,  shall  require  licensure  or
17    certification under the provisions of this Section.
18        No  provision  of this Section shall be construed to mean
19    that  a  county  corrections  officer  employed  by  a  local
20    governmental agency at the time of the effective date of this
21    amendatory Act of  1984,  either  as  a  probationary  county
22    corrections  or  as  a  permanent county corrections officer,
23    shall require certification  under  the  provisions  of  this
24    Section.
25        No  provision of this Section shall be construed to apply
26    to licensure or certification of elected county sheriffs.
27        (c)  This Section does  not  apply  to  part-time  police
28    officers or probationary part-time police officers.
29    (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)

30        (50 ILCS 705/8.2)
31        Sec. 8.2.  Part-time police officers.
32        (a)  A  person  hired  to  serve  as  a  part-time police
33    officer must obtain from the Board a license  or  certificate
 
                            -7-      LRB093 10925 MKM 11473 b
 1    (i)  attesting  to  his  or  her successful completion of the
 2    part-time police training course; (ii) attesting  to  his  or
 3    her  satisfactory completion of a training program of similar
 4    content and number of hours that has been found acceptable by
 5    the  Board  under  the  provisions  of  this  Act;  or  (iii)
 6    attesting to the Board's  determination  that  the  part-time
 7    police training course is unnecessary because of the person's
 8    extensive  prior  law enforcement experience.  A person hired
 9    on or after January 1,  1996  must  obtain  this  license  or
10    certificate  within  18  months  after  the  date of hire.  A
11    person hired before January 1, 1996 must obtain this  license
12    or  certificate  within 24 months after the effective date of
13    this amendatory Act of 1995.
14        The employing agency may seek a  waiver  from  the  Board
15    extending  the  period  for  compliance.   A  waiver shall be
16    issued only for good and  justifiable  reasons  and  may  not
17    extend  the initial period by more than 90 days.  If training
18    is required and not  completed  within  the  applicable  time
19    period,  as  extended by any waiver that may be granted, then
20    the officer must forfeit his or her position.
21        (b)  (Blank).
22        (c)  The part-time police training course referred to  in
23    this  Section shall be of similar content and the same number
24    of hours as the courses for full-time officers and  shall  be
25    provided  by  Mobile Team In-Service Training Units under the
26    Intergovernmental  Law   Enforcement   Officer's   In-Service
27    Training Act in a manner prescribed by the Board.
28        (d)  For  the  purposes  of this Section, the Board shall
29    adopt  rules  defining  what  constitutes  employment  on   a
30    part-time basis.
31    (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)

32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.