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50 ILCS 705/6.1 (50 ILCS 705/6.1)
Sec. 6.1. Decertification of full-time and part-time police officers.
(a) The Board must review police officer conduct and records to ensure that
no
police officer is certified
or provided a valid waiver if that police officer has been convicted of, or entered a plea of guilty to, a
felony offense under the laws of this
State or any other state which if committed in this State would be punishable
as a felony. The Board must also
ensure that no police officer is certified or provided a valid waiver if that
police officer has been convicted of, or entered a plea of guilty to, on or
after the effective date of this amendatory Act of 1999 of any misdemeanor
specified in this Section or if
committed in any other state would be an offense similar to Section 11-1.50, 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of 1961 or the Criminal Code of 2012, to subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or the Criminal Code of 2012, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, or to Section 5 or
5.2 of the Cannabis Control Act. The Board must appoint investigators to
enforce the duties conferred upon the
Board by this Act.
(b) It is the responsibility of the sheriff or the chief executive officer
of every local law enforcement
agency or department within this State to report to the Board any arrest,
conviction, or plea of guilty of any officer for an
offense identified in this Section.
(c) It is the duty and responsibility of every full-time and part-time
police officer in this State to report to
the Board within 30 days, and the officer's sheriff or chief executive officer,
of his or her arrest, conviction, or plea of guilty for
an offense identified in this Section. Any full-time or part-time police
officer who knowingly makes, submits,
causes to be submitted, or files a false or untruthful report to the Board must
have his or her certificate or waiver
immediately decertified or revoked.
(d) Any person, or a local or State agency, or the Board is immune from
liability for submitting,
disclosing, or releasing information of arrests, convictions, or pleas of guilty in this Section
as long as the information is
submitted, disclosed, or released in good faith and without malice. The Board
has qualified immunity for the
release of the information.
(e) Any full-time or part-time police officer with a certificate or waiver
issued by the Board who is
convicted of, or entered a plea of guilty to, any offense described in this Section immediately becomes
decertified or no longer has a valid
waiver. The decertification and invalidity of waivers occurs as a matter of
law. Failure of a convicted person to
report to the Board his or her conviction as described in this Section or any
continued law enforcement practice
after receiving a conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and have all the powers
possessed by policemen in cities
and by sheriff's, and these investigators may exercise those powers
anywhere in the State.
An investigator shall not have peace officer status or exercise police powers unless he or she successfully completes the basic police training course mandated and approved by the Board or the Board waives the training requirement by reason of the investigator's prior law enforcement experience, training, or both. The Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn officer of a local, State, or federal law enforcement agency.
(g) The Board must request and receive information and assistance from any
federal, state, or local
governmental agency as part of the authorized criminal background
investigation. The Department of State Police must process, retain, and
additionally
provide
and disseminate information to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have
been filed before, on, or after the effective date of this amendatory Act of
the 91st General Assembly against a basic academy applicant, law enforcement
applicant, or law enforcement officer whose fingerprint identification cards
are on file or maintained by the Department of State Police. The Federal
Bureau
of
Investigation must provide the Board any criminal history record information
contained in its files pertaining to law
enforcement officers or any applicant to a Board certified basic law
enforcement academy as described in this Act
based on fingerprint identification. The Board must make payment of fees to the
Department of State Police for each
fingerprint card submission in conformance with the requirements of paragraph
22 of Section 55a of the Civil
Administrative Code of Illinois.
(h) A police officer who has been certified or granted a valid waiver
shall
also be decertified or have his or her waiver revoked upon a determination by
the Illinois Labor Relations
Board State Panel
that
he or she, while under oath, has knowingly and willfully made false statements
as
to a material fact going to an element of the offense of murder. If an appeal
is filed, the determination shall be stayed.
(1) In the case of an acquittal on a charge of | | murder, a verified complaint may be filed:
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(A) by the defendant; or
(B) by a police officer with personal knowledge
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The complaint must allege that a police officer,
| | while under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense of murder. The verified complaint must be filed with the Executive Director of the Illinois Law Enforcement Training Standards Board within 2 years of the judgment of acquittal.
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(2) Within 30 days, the Executive Director of the
| | Illinois Law Enforcement Training Standards Board shall review the verified complaint and determine whether the verified complaint is frivolous and without merit, or whether further investigation is warranted. The Illinois Law Enforcement Training Standards Board shall notify the officer and the Executive Director of the Illinois Labor Relations Board State Panel of the filing of the complaint and any action taken thereon. If the Executive Director of the Illinois Law Enforcement Training Standards Board determines that the verified complaint is frivolous and without merit, it shall be dismissed. The Executive Director of the Illinois Law Enforcement Training Standards Board has sole discretion to make this determination and this decision is not subject to appeal.
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(i) If the Executive Director of the Illinois Law Enforcement Training
Standards Board determines that the verified complaint warrants further
investigation, he or she shall refer the matter to a task force of
investigators
created for this purpose. This task force shall consist of 8 sworn police
officers: 2
from the Illinois State Police, 2 from the City of Chicago Police Department, 2
from county police departments, and 2 from municipal police departments.
These investigators shall have a minimum of 5 years of experience in conducting
criminal investigations. The investigators shall be appointed by the Executive
Director of the Illinois Law Enforcement Training Standards Board. Any officer
or officers acting in this capacity pursuant to this statutory provision will
have
statewide police authority while acting in this investigative capacity. Their
salaries
and expenses for the time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training Standards Board.
(j) Once the Executive Director of the Illinois Law Enforcement Training
Standards Board has determined that an investigation is warranted, the verified
complaint shall be assigned to an investigator or investigators. The
investigator
or investigators shall conduct an investigation of the verified complaint and
shall
write a report of his or her findings. This report shall be submitted to the
Executive Director of the Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois Labor Relations Board
State Panel
shall review the investigative report and determine whether sufficient evidence
exists to
conduct an evidentiary hearing on the verified complaint. If the Executive
Director of the Illinois Labor Relations Board State Panel determines upon his
or
her review of the investigatory report that a hearing should not be conducted,
the
complaint shall be dismissed. This decision is in the Executive Director's sole
discretion, and this dismissal may not be appealed.
If the Executive Director of the Illinois Labor Relations Board
State Panel
determines that there is sufficient evidence to warrant a hearing, a hearing
shall
be ordered on the verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State Panel. The Executive
Director of the Illinois Labor Relations Board State Panel shall inform the
Executive Director of the Illinois Law Enforcement Training Standards Board and
the person who filed the complaint of either the dismissal of the complaint or
the
issuance of the complaint for hearing.
The Executive Director shall assign the complaint to the
administrative law judge within 30 days
of the
decision granting a hearing.
(k) In the case of a finding of guilt on the offense of murder, if a new
trial
is
granted on direct appeal, or a state post-conviction evidentiary hearing is
ordered, based on a claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to an element of
the
offense of murder, the Illinois Labor Relations Board State Panel shall hold a
hearing
to
determine whether the officer should be decertified if an interested party
requests such a hearing within 2 years of the court's decision. The complaint
shall be assigned to an administrative law judge within 30 days so that a
hearing can be scheduled.
At the hearing, the accused officer shall be afforded the opportunity to:
(1) Be represented by counsel of his or her own
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(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
| | State Panel compel the attendance of witnesses and production of related documents including but not limited to court documents and records.
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Once a case has been set for hearing, the verified complaint shall be
referred to the Department of Professional Regulation. That office shall
prosecute the verified complaint at the hearing before the administrative law
judge. The Department of Professional Regulation shall have the opportunity to
produce evidence to support the verified complaint and to request the Illinois
Labor
Relations Board State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to, court documents
and records. The Illinois Labor Relations Board State Panel shall have the
power
to issue subpoenas requiring the attendance of and testimony of witnesses and
the production of related documents including, but not limited to, court
documents and records and shall have the power to administer oaths.
The administrative law judge shall have the responsibility of receiving into
evidence relevant testimony and documents, including court records, to support
or disprove the allegations made by the person filing the verified complaint
and,
at the close of the case, hear arguments. If the administrative law judge finds
that there is not clear and convincing evidence to support the verified
complaint
that the police officer has, while under oath, knowingly and willfully made
false
statements as to a material fact going to an element of the offense of murder,
the
administrative law judge shall make a written recommendation of dismissal to
the
Illinois Labor Relations Board State Panel. If the administrative law judge
finds
that there is clear and convincing evidence that the police officer has, while
under
oath, knowingly and willfully made false statements as to a material fact that
goes to an element of the offense of murder, the administrative law judge shall
make a written recommendation so concluding to the Illinois Labor Relations
Board State Panel. The hearings shall be transcribed.
The Executive
Director of the Illinois Law Enforcement Training Standards Board shall be
informed of the
administrative law judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the recommendation.
(l) An officer named in any complaint filed pursuant to this Act shall be
indemnified for his or her reasonable attorney's fees and costs by his or her
employer. These fees shall be paid in a regular and timely manner. The State,
upon application by the public employer, shall reimburse the public employer
for
the accused officer's reasonable attorney's fees and costs. At no time and
under
no circumstances will the accused officer be required to pay his or her own
reasonable attorney's fees or costs.
(m) The accused officer shall not be placed on unpaid status because of
the filing or processing of the verified complaint until there is a final
non-appealable order sustaining his or her guilt and his or her certification
is
revoked.
Nothing in this Act, however, restricts the public employer from pursuing
discipline against the officer in the normal course and under procedures then
in
place.
(n) The Illinois Labor Relations Board State Panel shall review the
administrative law judge's recommended decision and order and determine by a
majority vote whether or not there was clear and convincing evidence that the
accused officer, while under oath, knowingly and willfully made false
statements
as to a material fact going to the offense of murder. Within 30 days of service
of
the administrative law judge's recommended decision and order, the parties may
file exceptions to the recommended decision and order and briefs in support of
their exceptions with the Illinois Labor Relations Board State Panel. The
parties
may file responses to the exceptions and briefs in support of the responses no
later than 15 days after the service of the exceptions. If exceptions are filed
by
any of the parties, the Illinois Labor Relations Board State Panel shall review
the
matter and make a finding to uphold, vacate, or modify the recommended
decision and order. If the Illinois Labor Relations Board State Panel concludes
that there is clear and convincing evidence that the accused officer, while
under
oath, knowingly and willfully made false statements as to a material fact going
to
an element of the offense murder, the Illinois Labor Relations Board State
Panel
shall inform the Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke the accused
officer's certification. If the accused officer appeals that determination to
the
Appellate Court, as provided by this Act, he or she may petition the Appellate
Court to stay the revocation of his or her certification pending the court's
review
of the matter.
(o) None of the Illinois Labor Relations Board State Panel's findings or
determinations shall set any precedent in any of its decisions decided pursuant
to the Illinois Public Labor Relations Act by the Illinois Labor Relations
Board
State
Panel or the courts.
(p) A party aggrieved by the final order of the Illinois Labor Relations
Board State Panel may apply for and obtain judicial review of an order of the
Illinois Labor Relations Board State Panel, in accordance with the provisions
of
the Administrative Review Law, except that such judicial review shall be
afforded
directly in the Appellate Court for the district in which the accused officer
resides.
Any direct appeal to the Appellate Court shall be filed within 35 days from the
date that a copy of the decision sought to be reviewed was served upon the
party
affected by the decision.
(q) Interested parties. Only interested parties to the criminal prosecution
in
which the police officer allegedly, while under oath, knowingly and willfully
made
false statements as to a material fact going to an element of the offense of
murder may file a verified complaint pursuant to this Section. For purposes of
this Section, "interested parties" shall be limited to the defendant and any
police
officer who has personal knowledge that the police officer who is the subject
of
the complaint has, while under oath, knowingly and willfully made false
statements
as
to a material fact going to an element of the offense of murder.
(r) Semi-annual reports. The Executive Director of the Illinois Labor
Relations Board shall submit semi-annual reports to the Governor, President,
and
Minority Leader of the Senate, and to the Speaker and Minority Leader of the
House
of Representatives beginning on June 30, 2004, indicating:
(1) the number of verified complaints received since
| | the date of the last report;
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(2) the number of investigations initiated since the
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(3) the number of investigations concluded since the
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(4) the number of investigations pending as of the
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(5) the number of hearings held since the date of the
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(6) the number of officers decertified since the date
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(Source: P.A. 101-187, eff. 1-1-20 .)
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