IL
Illinois House Bill HB3145

Illinois 2023-2024 Regular Session

Illinois House Bill HB3145 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3145 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act. LRB103 25496 AWJ 51845 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3145 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act. LRB103 25496 AWJ 51845 b LRB103 25496 AWJ 51845 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3145 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1
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66 Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act.
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1212 1 AN ACT concerning local government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Administrative Procedure Act is
1616 5 amended by adding Section 5-45.35 as follows:
1717 6 (5 ILCS 100/5-45.35 new)
1818 7 Sec. 5-45.35. Emergency rulemaking; Illinois Law
1919 8 Enforcement Training Standards Board. To provide for the
2020 9 expeditious and timely implementation of the changes made in
2121 10 Section 8.1 of the Illinois Police Training Act, emergency
2222 11 rules implementing the waiver process under Section 8.1 of the
2323 12 Illinois Police Training Act may be adopted in accordance with
2424 13 Section 5-45 by the Illinois Law Enforcement Training
2525 14 Standards Board. The adoption of emergency rules authorized by
2626 15 Section 5-45 and this Section is deemed to be necessary for the
2727 16 public interest, safety, and welfare.
2828 17 This Section is repealed one year after the effective date
2929 18 of this amendatory Act of the 103rd General Assembly.
3030 19 Section 10. The Illinois Police Training Act is amended by
3131 20 changing Section 8.1 as follows:
3232 21 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3145 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3737 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1
3838 5 ILCS 100/5-45.35 new
3939 50 ILCS 705/8.1 from Ch. 85, par. 508.1
4040 Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act.
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6969 1 Sec. 8.1. Full-time law enforcement and county corrections
7070 2 officers.
7171 3 (a) No person shall receive a permanent appointment as a
7272 4 law enforcement officer or a permanent appointment as a county
7373 5 corrections officer unless that person has been awarded,
7474 6 within 6 months of the officer's initial full-time employment,
7575 7 a certificate attesting to the officer's successful completion
7676 8 of the Minimum Standards Basic Law Enforcement or County
7777 9 Correctional Training Course as prescribed by the Board; or
7878 10 has been awarded a certificate attesting to the officer's
7979 11 satisfactory completion of a training program of similar
8080 12 content and number of hours and which course has been found
8181 13 acceptable by the Board under the provisions of this Act; or a
8282 14 training waiver by reason of extensive prior law enforcement
8383 15 or county corrections experience, whether or not the
8484 16 experience was obtained by employment by this State or any
8585 17 local governmental agency, the basic training requirement is
8686 18 determined by the Board to be illogical and unreasonable.
8787 19 Within 60 days after the effective date of this amendatory Act
8888 20 of the 103rd General Assembly, the Board shall adopt uniform
8989 21 rules providing for a waiver process for a person previously
9090 22 employed and qualified as a law enforcement or county
9191 23 corrections officer under federal law or the laws of any other
9292 24 state. The rules shall provide that any person previously
9393 25 employed or qualified as a law enforcement or county
9494 26 corrections officer under federal law or the laws of any other
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105105 1 state shall successfully complete the following prior to the
106106 2 approval of a waiver:
107107 3 (1) a training program approved by the Board on the
108108 4 laws of this State relevant to the duties of law
109109 5 enforcement and county correctional officers; and
110110 6 (2) firearms training.
111111 7 If such training is required and not completed within the
112112 8 applicable 6 months, then the officer must forfeit the
113113 9 officer's position, or the employing agency must obtain a
114114 10 waiver from the Board extending the period for compliance.
115115 11 Such waiver shall be issued only for good and justifiable
116116 12 reasons, and in no case shall extend more than 90 days beyond
117117 13 the initial 6 months. Any hiring agency that fails to train a
118118 14 law enforcement officer within this period shall be prohibited
119119 15 from employing this individual in a law enforcement capacity
120120 16 for one year from the date training was to be completed. If an
121121 17 agency again fails to train the individual a second time, the
122122 18 agency shall be permanently barred from employing this
123123 19 individual in a law enforcement capacity.
124124 20 An individual who is not certified by the Board or whose
125125 21 certified status is inactive shall not function as a law
126126 22 enforcement officer, be assigned the duties of a law
127127 23 enforcement officer by an employing agency, or be authorized
128128 24 to carry firearms under the authority of the employer, except
129129 25 as otherwise authorized to carry a firearm under State or
130130 26 federal law. Sheriffs who are elected as of January 1, 2022
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141141 1 (the effective date of Public Act 101-652) this amendatory Act
142142 2 of the 101st General Assembly, are exempt from the requirement
143143 3 of certified status. Failure to be certified in accordance
144144 4 with this Act shall cause the officer to forfeit the officer's
145145 5 position.
146146 6 An employing agency may not grant a person status as a law
147147 7 enforcement officer unless the person has been granted an
148148 8 active law enforcement officer certification by the Board.
149149 9 (b) Inactive status. A person who has an inactive law
150150 10 enforcement officer certification has no law enforcement
151151 11 authority.
152152 12 (1) A law enforcement officer's certification becomes
153153 13 inactive upon termination, resignation, retirement, or
154154 14 separation from the officer's employing law enforcement
155155 15 agency for any reason. The Board shall re-activate a
156156 16 certification upon written application from the law
157157 17 enforcement officer's law enforcement agency that shows
158158 18 the law enforcement officer: (i) has accepted a full-time
159159 19 law enforcement position with that law enforcement agency,
160160 20 (ii) is not the subject of a decertification proceeding,
161161 21 and (iii) meets all other criteria for re-activation
162162 22 required by the Board. The Board may also establish
163163 23 special training requirements to be completed as a
164164 24 condition for re-activation.
165165 25 The Board shall review a notice for reactivation from
166166 26 a law enforcement agency and provide a response within 30
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177177 1 days. The Board may extend this review. A law enforcement
178178 2 officer shall be allowed to be employed as a full-time law
179179 3 enforcement officer while the law enforcement officer
180180 4 reactivation waiver is under review.
181181 5 A law enforcement officer who is refused reactivation
182182 6 or an employing agency of a law enforcement officer who is
183183 7 refused reactivation under this Section may request a
184184 8 hearing in accordance with the hearing procedures as
185185 9 outlined in subsection (h) of Section 6.3 of this Act.
186186 10 The Board may refuse to re-activate the certification
187187 11 of a law enforcement officer who was involuntarily
188188 12 terminated for good cause by an employing agency for
189189 13 conduct subject to decertification under this Act or
190190 14 resigned or retired after receiving notice of a law
191191 15 enforcement agency's investigation.
192192 16 (2) A law enforcement agency may place an officer who
193193 17 is currently certified on inactive status by sending a
194194 18 written request to the Board. A law enforcement officer
195195 19 whose certificate has been placed on inactive status shall
196196 20 not function as a law enforcement officer until the
197197 21 officer has completed any requirements for reactivating
198198 22 the certificate as required by the Board. A request for
199199 23 inactive status in this subsection shall be in writing,
200200 24 accompanied by verifying documentation, and shall be
201201 25 submitted to the Board with a copy to the chief
202202 26 administrator of the law enforcement officer's current or
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213213 1 new employing agency.
214214 2 (3) Certification that has become inactive under
215215 3 paragraph (2) of this subsection (b), shall be reactivated
216216 4 by written notice from the law enforcement officer's
217217 5 agency upon a showing that the law enforcement officer is:
218218 6 (i) is employed in a full-time law enforcement position
219219 7 with the same law enforcement agency, (ii) is not the
220220 8 subject of a decertification proceeding, and (iii) meets
221221 9 all other criteria for re-activation required by the
222222 10 Board.
223223 11 (4) Notwithstanding paragraph (3) of this subsection
224224 12 (b), a law enforcement officer whose certification has
225225 13 become inactive under paragraph (2) may have the officer's
226226 14 employing agency submit a request for a waiver of training
227227 15 requirements to the Board in writing and accompanied by
228228 16 any verifying documentation.. A grant of a waiver is
229229 17 within the discretion of the Board. Within 7 days of
230230 18 receiving a request for a waiver under this Section
231231 19 section, the Board shall notify the law enforcement
232232 20 officer and the chief administrator of the law enforcement
233233 21 officer's employing agency, whether the request has been
234234 22 granted, denied, or if the Board will take additional time
235235 23 for information. A law enforcement agency, whose request
236236 24 for a waiver under this subsection is denied, is entitled
237237 25 to request a review of the denial by the Board. The law
238238 26 enforcement agency must request a review within 20 days of
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249249 1 the waiver being denied. The burden of proof shall be on
250250 2 the law enforcement agency to show why the law enforcement
251251 3 officer is entitled to a waiver of the legislatively
252252 4 required training and eligibility requirements.
253253 5 (c) No provision of this Section shall be construed to
254254 6 mean that a county corrections officer employed by a
255255 7 governmental agency at the time of the effective date of this
256256 8 amendatory Act, either as a probationary county corrections
257257 9 officer or as a permanent county corrections officer, shall
258258 10 require certification under the provisions of this Section. No
259259 11 provision of this Section shall be construed to apply to
260260 12 certification of elected county sheriffs.
261261 13 (d) Within 14 days, a law enforcement officer shall report
262262 14 to the Board: (1) any name change; (2) any change in
263263 15 employment; or (3) the filing of any criminal indictment or
264264 16 charges against the officer alleging that the officer
265265 17 committed any offense as enumerated in Section 6.1 of this
266266 18 Act.
267267 19 (e) All law enforcement officers must report the
268268 20 completion of the training requirements required in this Act
269269 21 in compliance with Section 8.4 of this Act.
270270 22 (e-1) Each employing law enforcement agency shall allow
271271 23 and provide an opportunity for a law enforcement officer to
272272 24 complete the mandated requirements in this Act. All mandated
273273 25 training shall will be provided for at no cost to the
274274 26 employees. Employees shall be paid for all time spent
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285285 1 attending mandated training.
286286 2 (e-2) Each agency, academy, or training provider shall
287287 3 maintain proof of a law enforcement officer's completion of
288288 4 legislatively required training in a format designated by the
289289 5 Board. The report of training shall be submitted to the Board
290290 6 within 30 days following completion of the training. A copy of
291291 7 the report shall be submitted to the law enforcement officer.
292292 8 Upon receipt of a properly completed report of training, the
293293 9 Board will make the appropriate entry into the training
294294 10 records of the law enforcement officer.
295295 11 (f) This Section does not apply to part-time law
296296 12 enforcement officers or probationary part-time law enforcement
297297 13 officers.
298298 14 (g) Notwithstanding any provision of law to the contrary,
299299 15 the changes made to this Section by this amendatory Act of the
300300 16 102nd General Assembly, Public Act 101-652, and Public Act
301301 17 102-28, and Public Act 102-694 take effect July 1, 2022.
302302 18 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
303303 19 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
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