Illinois General Assembly - Full Text of HB4046
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Full Text of HB4046  103rd General Assembly

HB4046 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4046

 

Introduced 4/27/2023, by Rep. John M. Cabello - Patrick Windhorst, Dennis Tipsword, Jr., Tony M. McCombie and Kevin Schmidt

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/12.7
20 ILCS 2610/12.8 new
50 ILCS 205/25
50 ILCS 705/6  from Ch. 85, par. 506
50 ILCS 705/6.3
50 ILCS 705/6.7
50 ILCS 727/1-35 rep.

    Amends the Illinois State Police Act. Modifies the definition of "duty to intervene" in provisions regarding discretionary termination of Illinois State Police officers. Provides that a member of the Illinois State Police shall not discipline or retaliate in any way against an officer for exercising the officer's duty to intervene, for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive. Amends the Illinois Police Training Act making similar changes to the changes made to the Illinois State Police Act, except that the Law Enforcement Training Standards Board must adopt rules prohibiting members of law enforcement agencies from retaliating. Further amends the Illinois Police Training Act removing language providing that an individual has no property interest in law enforcement certification at the time of initial certification or at any time thereafter, including, but not limited to, after decertification or after the officer's certification has been deemed inactive. Amends the Local Records Act. Provides that records of automatic expungement of misconduct records where an officer has been found not to have committed any wrong doing or the complaint was found to be frivolous shall be permanently retained and may not be destroyed. Amends the Intergovernmental Law Enforcement Officer's In-Service Training Act. Repeals provisions allowing a person to file notice of an anonymous complaint to the Illinois Law Enforcement Training Standards Board of any conduct the person believes a law enforcement officer has committed.


LRB103 31719 AWJ 60300 b

 

 

A BILL FOR

 

HB4046LRB103 31719 AWJ 60300 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 Illinois State Police Act is amended by
5changing Section 12.7 and by adding Section 12.8 as follows:
 
6    (20 ILCS 2610/12.7)
7    Sec. 12.7. Discretionary termination of Illinois State
8Police officers.
9    (a) Definitions. For purposes of this Section 12.7:
10    "Duty to intervene" means the affirmative duty of an
11officer who has an opportunity to intervene to: (i) intervene
12to prevent or stop another officer in his or her presence from
13using any unauthorized force or force that exceeds the degree
14of force permitted, if any, without regard for chain of
15command; and (ii) report an intervention under item (i) no
16later than 5 days after the incident to the person designated
17or identified by the Director in a manner prescribed by the
18Director, including the date, time, and place of the
19occurrence; the identity, if known, and description of the
20participants; and a description of the intervention actions
21taken and whether they were successful. an obligation to
22intervene to prevent harm from occurring that arises when an
23officer is present and has reason to know:

 

 

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1        (1) that excessive force is being used; or
2        (2) that any constitutional violation has been
3    committed by a law enforcement official; and the officer
4    has a realistic opportunity to intervene.
5    This duty applies equally to supervisory and
6    nonsupervisory officers. If aid is required, the officer
7    shall not, when reasonable to administer aid, knowingly
8    and willingly refuse to render aid as defined by State or
9    federal law. An officer does not violate this duty if the
10    failure to render aid is due to circumstances such as lack
11    of appropriate specialized training, lack of resources or
12    equipment, or both, or if it is unsafe or impracticable to
13    render aid.
14    "Excessive use of force" means using force in violation of
15State or federal law.
16    "False statement" means:
17        (1) any knowingly false statement provided on a form
18    or report;
19        (2) that the writer does not believe to be true; and
20        (3) that the writer includes to mislead a public
21    servant in performing that public servant's official
22    functions.
23    "Perjury" has the meaning as defined under Sections 32-2
24and 32-3 of the Criminal Code of 2012.
25    "Tampers with or fabricates evidence" means if a law
26enforcement officer:

 

 

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1        (1) has reason to believe that an official proceeding
2    is pending or may be instituted; and
3        (2) alters, destroys, conceals, or removes any record,
4    document, data, video or thing to impair its validity or
5    availability in the proceeding.
6    (b) Discretionary termination conduct. The Board may
7terminate an Illinois State Police officer upon a
8determination by the Board that the Illinois State Police
9officer has:
10        (1) committed an act that would constitute a felony or
11    misdemeanor which could serve as basis for automatic
12    decertification, whether or not the law enforcement
13    officer was criminally prosecuted, and whether or not the
14    law enforcement officer's employment was terminated;
15        (2) exercised excessive use of force;
16        (3) failed to comply with the officer's duty to
17    intervene, including through acts or omission;
18        (4) tampered with a dash camera or body-worn camera or
19    data recorded by a dash camera or body-worn camera or
20    directed another to tamper with or turn off a dash camera
21    or body-worn camera or data recorded by a dash camera or
22    body-worn camera for the purpose of concealing, destroying
23    or altering potential evidence;
24        (5) engaged in the following conduct relating to the
25    reporting, investigation, or prosecution of a crime:
26    committed perjury, made a false statement, or knowingly

 

 

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1    tampered with or fabricated evidence;
2        (6) engaged in any unprofessional, unethical,
3    deceptive, or deleterious conduct or practice harmful to
4    the public; such conduct or practice need not have
5    resulted in actual injury to any person. As used in this
6    paragraph, the term "unprofessional conduct" shall include
7    any departure from, or failure to conform to, the minimal
8    standards of acceptable and prevailing practice of an
9    officer.
10    (c) If an officer enters a plea of guilty, nolo
11contendere, stipulates to the facts or is found guilty of a
12violation of any law, or if there is any other Board or
13judicial determination that will support any punitive measure
14taken against the officer, such action by the officer or
15judicial entity may be considered for the purposes of this
16Section. Termination under this Section shall be by clear and
17convincing evidence. If the Board votes to terminate, the
18Board shall put its decision in writing, setting forth the
19specific reasons for its decision. Final decisions under this
20Section are reviewable under the Administrative Review Law.
21    (d) The Illinois State Police Merit Board shall report all
22terminations under this Section to the Officer Professional
23Conduct Database provided in Section 9.2 of the Illinois
24Police Training Act.
25    (e) Nothing in this Act shall require an Illinois State
26Police officer to waive any applicable constitutional rights.

 

 

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1    (f) Nothing in this Section shall prohibit the Merit Board
2from administering discipline up to and including termination
3for violations of Illinois State Police policies and
4procedures pursuant to other Sections of this Act.
5(Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
6    (20 ILCS 2610/12.8 new)
7    Sec. 12.8. Retaliation against an officer. A member of the
8Illinois State Police shall not discipline or retaliate in any
9way against an officer for exercising the officer's duty to
10intervene, as that term is defined in Section 12.7, for
11reporting unconstitutional or unlawful conduct, or for failing
12to follow what the officer reasonably believes is an
13unconstitutional or unlawful directive.
 
14    Section 10. The Local Records Act is amended by changing
15Section 25 as follows:
 
16    (50 ILCS 205/25)
17    Sec. 25. Police misconduct records. Notwithstanding any
18other provision of law to the contrary, all public records and
19nonpublic records related to complaints, investigations, and
20adjudications of police misconduct and records related to
21automatic expungement of misconduct records where an officer
22has been found not to have committed any wrong doing or the
23complaint was found to be frivolous shall be permanently

 

 

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1retained and may not be destroyed.
2(Source: P.A. 101-652, eff. 7-1-21.)
 
3    Section 15. The Illinois Police Training Act is amended by
4changing Sections 6, 6.3, and 6.7 as follows:
 
5    (50 ILCS 705/6)  (from Ch. 85, par. 506)
6    Sec. 6. Powers and duties of the Board; selection and
7certification of schools. The Board shall select and certify
8schools within the State of Illinois for the purpose of
9providing basic training for probationary law enforcement
10officers, probationary county corrections officers, and court
11security officers and of providing advanced or in-service
12training for permanent law enforcement officers or permanent
13county corrections officers, which schools may be either
14publicly or privately owned and operated. In addition, the
15Board has the following power and duties:
16        a. To require law enforcement agencies to furnish such
17    reports and information as the Board deems necessary to
18    fully implement this Act.
19        b. To establish appropriate mandatory minimum
20    standards relating to the training of probationary local
21    law enforcement officers or probationary county
22    corrections officers, and in-service training of permanent
23    law enforcement officers.
24        c. To provide appropriate certification to those

 

 

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1    probationary officers who successfully complete the
2    prescribed minimum standard basic training course.
3        d. To review and approve annual training curriculum
4    for county sheriffs.
5        e. To review and approve applicants to ensure that no
6    applicant is admitted to a certified academy unless the
7    applicant is a person of good character and has not been
8    convicted of, found guilty of, entered a plea of guilty
9    to, or entered a plea of nolo contendere to a felony
10    offense, any of the misdemeanors in Sections 11-1.50,
11    11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
12    11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
13    26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
14    violation of any Section of Part E of Title III of the
15    Criminal Code of 1961 or the Criminal Code of 2012, or
16    subsection (a) of Section 17-32 of the Criminal Code of
17    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
18    the Cannabis Control Act, or a crime involving moral
19    turpitude under the laws of this State or any other state
20    which if committed in this State would be punishable as a
21    felony or a crime of moral turpitude, or any felony or
22    misdemeanor in violation of federal law or the law of any
23    state that is the equivalent of any of the offenses
24    specified therein. The Board may appoint investigators who
25    shall enforce the duties conferred upon the Board by this
26    Act.

 

 

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1        For purposes of this paragraph e, a person is
2    considered to have been convicted of, found guilty of, or
3    entered a plea of guilty to, plea of nolo contendere to
4    regardless of whether the adjudication of guilt or
5    sentence is withheld or not entered thereon. This includes
6    sentences of supervision, conditional discharge, or first
7    offender probation, or any similar disposition provided
8    for by law.
9        f. To establish statewide standards for minimum
10    standards regarding regular mental health screenings for
11    probationary and permanent police officers, ensuring that
12    counseling sessions and screenings remain confidential.
13        g. To review and ensure all law enforcement officers
14    remain in compliance with this Act, and any administrative
15    rules adopted under this Act.
16        h. To suspend any certificate for a definite period,
17    limit or restrict any certificate, or revoke any
18    certificate.
19        i. The Board and the Panel shall have power to secure
20    by its subpoena and bring before it any person or entity in
21    this State and to take testimony either orally or by
22    deposition or both with the same fees and mileage and in
23    the same manner as prescribed by law in judicial
24    proceedings in civil cases in circuit courts of this
25    State. The Board and the Panel shall also have the power to
26    subpoena the production of documents, papers, files,

 

 

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1    books, documents, and records, whether in physical or
2    electronic form, in support of the charges and for
3    defense, and in connection with a hearing or
4    investigation.
5        j. The Executive Director, the administrative law
6    judge designated by the Executive Director, and each
7    member of the Board and the Panel shall have the power to
8    administer oaths to witnesses at any hearing that the
9    Board is authorized to conduct under this Act and any
10    other oaths required or authorized to be administered by
11    the Board under this Act.
12        k. In case of the neglect or refusal of any person to
13    obey a subpoena issued by the Board and the Panel, any
14    circuit court, upon application of the Board and the
15    Panel, through the Illinois Attorney General, may order
16    such person to appear before the Board and the Panel give
17    testimony or produce evidence, and any failure to obey
18    such order is punishable by the court as a contempt
19    thereof. This order may be served by personal delivery, by
20    email, or by mail to the address of record or email address
21    of record.
22        l. The Board shall have the power to administer state
23    certification examinations. Any and all records related to
24    these examinations, including, but not limited to, test
25    questions, test formats, digital files, answer responses,
26    answer keys, and scoring information shall be exempt from

 

 

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1    disclosure.
2        m. To make grants, subject to appropriation, to units
3    of local government and public institutions of higher
4    education for the purposes of hiring and retaining law
5    enforcement officers.
6        n. To make rules that must be followed by each law
7    enforcement agency prohibiting a member of a law
8    enforcement agency from disciplining or retaliating in any
9    way against a law enforcement officer for exercising the
10    officer's duty to intervene, as that term is defined in
11    Section 6.3, for reporting unconstitutional or unlawful
12    conduct, or for failing to follow what the officer
13    reasonably believes is an unconstitutional or unlawful
14    directive.
15(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
16Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
1725-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
181-7-22; 102-1115, eff. 1-9-23.)
 
19    (50 ILCS 705/6.3)
20    Sec. 6.3. Discretionary decertification of full-time and
21part-time law enforcement officers.
22    (a) Definitions. For purposes of this Section 6.3:
23    "Duty to intervene" means the affirmative duty of an
24officer who has an opportunity to intervene to: (i) intervene
25to prevent or stop another officer in his or her presence from

 

 

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1using any unauthorized force or force that exceeds the degree
2of force permitted, if any, without regard for chain of
3command; and (ii) report an intervention under item (i) no
4later than 5 days after the incident to the person designated
5or identified by the law enforcement agency in a manner
6prescribed by the agency, including the date, time, and place
7of the occurrence; the identity, if known, and description of
8the participants; and a description of the intervention
9actions taken and whether they were successful. an obligation
10to intervene to prevent harm from occurring that arises when:
11an officer is present, and has reason to know (1) that
12excessive force is being used or that any constitutional
13violation has been committed by a law enforcement official;
14and (2) the officer has a realistic opportunity to intervene.
15This duty applies equally to supervisory and nonsupervisory
16officers. If aid is required, the officer shall not, when
17reasonable to administer aid, knowingly and willingly refuse
18to render aid as defined by State or federal law. An officer
19does not violate this duty if the failure to render aid is due
20to circumstances such as lack of appropriate specialized
21training, lack of resources or equipment, or if it is unsafe or
22impracticable to render aid.
23    "Excessive use of force" means using force in violation of
24State or federal law.
25    "False statement" means (1) any knowingly false statement
26provided on a form or report, (2) that the writer does not

 

 

HB4046- 12 -LRB103 31719 AWJ 60300 b

1believe to be true, and (3) that the writer includes to mislead
2a public servant in performing the public servant's official
3functions.
4    "Perjury" means that as defined under Sections 32-2 and
532-3 of the Criminal Code of 2012.
6    "Tampers with or fabricates evidence" means if a law
7enforcement officer (1) has reason to believe that an official
8proceeding is pending or may be instituted, and (2) alters,
9destroys, conceals, or removes any record, document, data,
10video or thing to impair its validity or availability in the
11proceeding.
12    (b) Decertification conduct. The Board has the authority
13to decertify a full-time or a part-time law enforcement
14officer upon a determination by the Board that the law
15enforcement officer has:
16        (1) committed an act that would constitute a felony or
17    misdemeanor which could serve as basis for automatic
18    decertification, whether or not the law enforcement
19    officer was criminally prosecuted, and whether or not the
20    law enforcement officer's employment was terminated;
21        (2) exercised excessive use of force;
22        (3) failed to comply with the officer's duty to
23    intervene, including through acts or omissions;
24        (4) tampered with a dash camera or body-worn camera or
25    data recorded by a dash camera or body-worn camera or
26    directed another to tamper with or turn off a dash camera

 

 

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

 

 

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

 

 

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1its rules. The form shall be publicly available by paper and
2electronic means. The form shall include fields for the
3following information, at a minimum:
4        (1) the full name, address, and telephone number of
5    the person submitting the notice;
6        (2) if submitted under subsection (c)(1), the agency
7    name and title of the person submitting the notice;
8        (3) the full name, badge number, employing agency, and
9    physical description of the officer, if known;
10        (4) the full name or names, address or addresses,
11    telephone number or numbers, and physical description or
12    descriptions of any witnesses, if known;
13        (5) a concise statement of facts that describe the
14    alleged violation and any copies of supporting evidence
15    including but not limited to any photographic, video, or
16    audio recordings of the incident;
17        (6) whether the person submitting the notice has
18    notified any other agency; and
19        (7) an option for an individual, who submits directly
20    to the Board, to consent to have the individual's identity
21    disclosed. The identity of any individual providing
22    information or reporting any possible or alleged violation
23    to the Board shall be kept confidential and may not be
24    disclosed without the consent of that individual, unless
25    the individual consents to disclosure of the individual's
26    name or disclosure of the individual's identity is

 

 

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1    otherwise required by law. The confidentiality granted by
2    this subsection does not preclude the disclosure of the
3    identity of a person in any capacity other than as the
4    source of an allegation.
5    Nothing in this subsection (d) shall preclude the Board
6from receiving, investigating, or acting upon allegations made
7confidentially or in a format different from the form provided
8for in this subsection.
9    (e) Preliminary review.
10        (1) The Board shall complete a preliminary review of
11    the allegations to determine whether there is sufficient
12    information to warrant a further investigation of any
13    violations of the Act. Upon initiating a preliminary
14    review of the allegations, the Board shall notify the head
15    of the law enforcement agency that employs the law
16    enforcement officer who is the subject of the allegations.
17    At the request of the Board, the law enforcement agency
18    must submit any copies of investigative findings,
19    evidence, or documentation to the Board in accordance with
20    rules adopted by the Board to facilitate the Board's
21    preliminary review. The Board may correspond with the law
22    enforcement agency, official records clerks or any
23    investigative agencies in conducting its preliminary
24    review.
25        (2) During the preliminary review, the Board will take
26    all reasonable steps to discover any and all objective

 

 

HB4046- 17 -LRB103 31719 AWJ 60300 b

1    verifiable evidence relevant to the alleged violation
2    through the identification, retention, review, and
3    analysis of all currently available evidence, including,
4    but not limited to: all time-sensitive evidence, audio and
5    video evidence, physical evidence, arrest reports,
6    photographic evidence, GPS records, computer data, lab
7    reports, medical documents, and witness interviews. All
8    reasonable steps will be taken to preserve relevant
9    evidence identified during the preliminary investigation.
10        (3) If after a preliminary review of the alleged
11    violation or violations, the Board believes there is
12    sufficient information to warrant further investigation of
13    any violations of this Act, the alleged violation or
14    violations shall be assigned for investigation in
15    accordance with subsection (f).
16        (4) If after a review of the allegations, the Board
17    believes there is insufficient information supporting the
18    allegations to warrant further investigation, it may close
19    a notice. Notification of the Board's decision to close a
20    notice shall be sent to all relevant individuals,
21    agencies, and any entities that received notice of the
22    violation under subsection (c) within 30 days of the
23    notice being closed, except in cases where the notice is
24    submitted anonymously if the complainant is unknown.
25        (5) Except when the Board has received notice under
26    subparagraph (A) of paragraph (1) of subsection (c), no

 

 

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1    later than 30 days after receiving notice, the Board shall
2    report any notice of violation it receives to the relevant
3    law enforcement agency, unless reporting the notice would
4    jeopardize any subsequent investigation. The Board shall
5    also record any notice of violation it receives to the
6    Officer Professional Conduct Database in accordance with
7    Section 9.2. The Board shall report to the appropriate
8    State's Attorney any alleged violations that contain
9    allegations, claims, or factual assertions that, if true,
10    would constitute a violation of Illinois law. The Board
11    shall inform the law enforcement officer via certified
12    mail that it has received a notice of violation against
13    the law enforcement officer.
14        If the Board determines that due to the circumstances
15    and the nature of the allegation that it would not be
16    prudent to notify the law enforcement officer and the
17    officer's law enforcement agency unless and until the
18    filing of a Formal Complaint, the Board shall document in
19    the file the reason or reasons a notification was not
20    made.
21        (6) If the law enforcement officer is involved in a
22    criminal proceeding on the same subject as the notice of
23    violation, the Board is responsible for maintaining a
24    current status report including court dates, hearings,
25    pleas, adjudication status and sentencing. A State's
26    Attorney's Office must notify the Board of any criminal

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB4046- 28 -LRB103 31719 AWJ 60300 b

1            (ii) police tactics;
2            (iii) investigations of police conduct;
3            (iv) impartial policing;
4            (v) policing individuals in crisis;
5            (vi) Illinois police policies, procedures, and
6        disciplinary rules;
7            (vii) procedural justice; and
8            (viii) community outreach.
9        The Board shall determine the content and extent of
10    the training within the scope provided for by this
11    subsection.
12        (7) Hearing. At the hearing, the administrative law
13    judge will hear the allegations alleged in the complaint.
14    The law enforcement officer, the counsel of the officer's
15    choosing, and the Board, or the officer's counsel, shall
16    be afforded the opportunity to present any pertinent
17    statements, testimony, evidence, and arguments. The law
18    enforcement officer shall be afforded the opportunity to
19    request that the Board compel the attendance of witnesses
20    and production of related documents. After the conclusion
21    of the hearing, the administrative law judge shall report
22    any findings of fact, conclusions of law, and recommended
23    disposition to the Panel. If the law enforcement officer
24    objects to any procedural or substantive legal portion of
25    the report, the officer may do so by written brief filed
26    with the Panel within 14 days after receipt of the report.

 

 

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

 

 

HB4046- 30 -LRB103 31719 AWJ 60300 b

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

 

 

HB4046- 31 -LRB103 31719 AWJ 60300 b

1    presented to the Board. If the Board makes a final
2    decision contrary to the recommendations of the Panel, the
3    Board shall set forth in its final written decision the
4    specific written reasons for not following the Panel's
5    recommendations. A copy of the Board's final decision
6    shall be served upon the law enforcement officer by the
7    Board, either personally or as provided in this Act for
8    the service of a notice of hearing. A copy of the Board's
9    final decision also shall be delivered to the last
10    employing law enforcement agency, the complainant, and the
11    Panel.
12        (10) Reconsideration of the Board's Decision. Within
13    30 days after service of the Board's final decision, the
14    Panel or the law enforcement officer may file a written
15    motion for reconsideration with the Review Committee. The
16    motion for reconsideration shall specify the particular
17    grounds for reconsideration. The non-moving party may
18    respond to the motion for reconsideration. The Review
19    Committee shall only address the issues raised by the
20    parties.
21        The Review Committee may deny the motion for
22    reconsideration, or it may grant the motion in whole or in
23    part and issue a new final decision in the matter. The
24    Review Committee must notify the law enforcement officer
25    and their last employing law enforcement agency within 14
26    days of a denial and state the reasons for denial.

 

 

HB4046- 32 -LRB103 31719 AWJ 60300 b

1    (i) This Section applies to conduct by a full-time or
2part-time law enforcement officer in violation of subsection
3(b) that occurred before, on, or after the effective date of
4this amendatory Act of the 102nd General Assembly.
5    (j) Notwithstanding any provision of law to the contrary,
6the changes made to this Section by this amendatory Act of the
7102nd General Assembly and Public Act 101-652 take effect July
81, 2022.
9(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
10    (50 ILCS 705/6.7)
11    Sec. 6.7. Certification and decertification procedures
12under Act exclusive. Notwithstanding any other law, the
13certification and decertification procedures, including the
14conduct of any investigation or hearing, under this Act are
15the sole and exclusive procedures for certification as law
16enforcement officers in Illinois and are not subject to
17collective bargaining under the Illinois Public Labor
18Relations Act or appealable except as set forth herein. The
19provisions of any collective bargaining agreement adopted by a
20law enforcement agency and covering the law enforcement
21officer or officers under investigation shall be inapplicable
22to any investigation or hearing conducted under this Act.
23    An individual has no property interest in law enforcement
24certification at the time of initial certification or at any
25time thereafter, including, but not limited to, after

 

 

HB4046- 33 -LRB103 31719 AWJ 60300 b

1decertification or after the officer's certification has been
2deemed inactive. Nothing in this Act shall be construed to
3create a requirement that a law enforcement agency shall
4continue to employ a law enforcement officer who has been
5decertified.
6(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
7    (50 ILCS 727/1-35 rep.)
8    Section 20. The Police and Community Relations Improvement
9Act is amended by repealing Section 1-35.