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Illinois House Bill HB4047

Illinois 2023-2024 Regular Session

Illinois House Bill HB4047 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4047 Introduced , by Rep. John M. Cabello - Patrick Windhorst SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5 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. Amends the Criminal Code of 2012. Deletes language providing that a peace officer, or any other person acting under the color of law, shall not discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back. LRB103 31717 AWJ 60298 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4047 Introduced , by Rep. John M. Cabello - Patrick Windhorst SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5 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. Amends the Criminal Code of 2012. Deletes language providing that a peace officer, or any other person acting under the color of law, shall not discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back. LRB103 31717 AWJ 60298 b LRB103 31717 AWJ 60298 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4047 Introduced , by Rep. John M. Cabello - Patrick Windhorst SYNOPSIS AS INTRODUCED:
33 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5
44 5 ILCS 100/5-45.35 new
55 50 ILCS 705/8.1 from Ch. 85, par. 508.1
66 720 ILCS 5/7-5.5
77 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. Amends the Criminal Code of 2012. Deletes language providing that a peace officer, or any other person acting under the color of law, shall not discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back.
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1313 1 AN ACT concerning government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Administrative Procedure Act is
1717 5 amended by adding Section 5-45.35 as follows:
1818 6 (5 ILCS 100/5-45.35 new)
1919 7 Sec. 5-45.35. Emergency rulemaking; Illinois Law
2020 8 Enforcement Training Standards Board. To provide for the
2121 9 expeditious and timely implementation of the changes made in
2222 10 Section 8.1 of the Illinois Police Training Act, emergency
2323 11 rules implementing the waiver process under Section 8.1 of the
2424 12 Illinois Police Training Act may be adopted in accordance with
2525 13 Section 5-45 by the Illinois Law Enforcement Training
2626 14 Standards Board. The adoption of emergency rules authorized by
2727 15 Section 5-45 and this Section is deemed to be necessary for the
2828 16 public interest, safety, and welfare.
2929 17 This Section is repealed one year after the effective date
3030 18 of this amendatory Act of the 103rd General Assembly.
3131 19 Section 10. The Illinois Police Training Act is amended by
3232 20 changing Section 8.1 as follows:
3333 21 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4047 Introduced , by Rep. John M. Cabello - Patrick Windhorst SYNOPSIS AS INTRODUCED:
3838 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5 5 ILCS 100/5-45.35 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 720 ILCS 5/7-5.5
3939 5 ILCS 100/5-45.35 new
4040 50 ILCS 705/8.1 from Ch. 85, par. 508.1
4141 720 ILCS 5/7-5.5
4242 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. Amends the Criminal Code of 2012. Deletes language providing that a peace officer, or any other person acting under the color of law, shall not discharge kinetic impact projectiles or other non-lethal or less-lethal projectiles in a manner that targets the back.
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5353 720 ILCS 5/7-5.5
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7272 1 Sec. 8.1. Full-time law enforcement and county corrections
7373 2 officers.
7474 3 (a) No person shall receive a permanent appointment as a
7575 4 law enforcement officer or a permanent appointment as a county
7676 5 corrections officer unless that person has been awarded,
7777 6 within 6 months of the officer's initial full-time employment,
7878 7 a certificate attesting to the officer's successful completion
7979 8 of the Minimum Standards Basic Law Enforcement or County
8080 9 Correctional Training Course as prescribed by the Board; or
8181 10 has been awarded a certificate attesting to the officer's
8282 11 satisfactory completion of a training program of similar
8383 12 content and number of hours and which course has been found
8484 13 acceptable by the Board under the provisions of this Act; or a
8585 14 training waiver by reason of extensive prior law enforcement
8686 15 or county corrections experience, whether or not the
8787 16 experience was obtained by employment by this State or any
8888 17 local governmental agency, the basic training requirement is
8989 18 determined by the Board to be illogical and unreasonable.
9090 19 Within 60 days after the effective date of this amendatory Act
9191 20 of the 103rd General Assembly, the Board shall adopt uniform
9292 21 rules providing for a waiver process for a person previously
9393 22 employed and qualified as a law enforcement or county
9494 23 corrections officer under federal law or the laws of any other
9595 24 state. The rules shall provide that any person previously
9696 25 employed or qualified as a law enforcement or county
9797 26 corrections officer under federal law or the laws of any other
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108108 1 state shall successfully complete the following prior to the
109109 2 approval of a waiver:
110110 3 (1) a training program approved by the Board on the
111111 4 laws of this State relevant to the duties of law
112112 5 enforcement and county correctional officers; and
113113 6 (2) firearms training.
114114 7 If such training is required and not completed within the
115115 8 applicable 6 months, then the officer must forfeit the
116116 9 officer's position, or the employing agency must obtain a
117117 10 waiver from the Board extending the period for compliance.
118118 11 Such waiver shall be issued only for good and justifiable
119119 12 reasons, and in no case shall extend more than 90 days beyond
120120 13 the initial 6 months. Any hiring agency that fails to train a
121121 14 law enforcement officer within this period shall be prohibited
122122 15 from employing this individual in a law enforcement capacity
123123 16 for one year from the date training was to be completed. If an
124124 17 agency again fails to train the individual a second time, the
125125 18 agency shall be permanently barred from employing this
126126 19 individual in a law enforcement capacity.
127127 20 An individual who is not certified by the Board or whose
128128 21 certified status is inactive shall not function as a law
129129 22 enforcement officer, be assigned the duties of a law
130130 23 enforcement officer by an employing agency, or be authorized
131131 24 to carry firearms under the authority of the employer, except
132132 25 as otherwise authorized to carry a firearm under State or
133133 26 federal law. Sheriffs who are elected as of January 1, 2022
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144144 1 (the effective date of Public Act 101-652) this amendatory Act
145145 2 of the 101st General Assembly, are exempt from the requirement
146146 3 of certified status. Failure to be certified in accordance
147147 4 with this Act shall cause the officer to forfeit the officer's
148148 5 position.
149149 6 An employing agency may not grant a person status as a law
150150 7 enforcement officer unless the person has been granted an
151151 8 active law enforcement officer certification by the Board.
152152 9 (b) Inactive status. A person who has an inactive law
153153 10 enforcement officer certification has no law enforcement
154154 11 authority.
155155 12 (1) A law enforcement officer's certification becomes
156156 13 inactive upon termination, resignation, retirement, or
157157 14 separation from the officer's employing law enforcement
158158 15 agency for any reason. The Board shall re-activate a
159159 16 certification upon written application from the law
160160 17 enforcement officer's law enforcement agency that shows
161161 18 the law enforcement officer: (i) has accepted a full-time
162162 19 law enforcement position with that law enforcement agency,
163163 20 (ii) is not the subject of a decertification proceeding,
164164 21 and (iii) meets all other criteria for re-activation
165165 22 required by the Board. The Board may also establish
166166 23 special training requirements to be completed as a
167167 24 condition for re-activation.
168168 25 The Board shall review a notice for reactivation from
169169 26 a law enforcement agency and provide a response within 30
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180180 1 days. The Board may extend this review. A law enforcement
181181 2 officer shall be allowed to be employed as a full-time law
182182 3 enforcement officer while the law enforcement officer
183183 4 reactivation waiver is under review.
184184 5 A law enforcement officer who is refused reactivation
185185 6 or an employing agency of a law enforcement officer who is
186186 7 refused reactivation under this Section may request a
187187 8 hearing in accordance with the hearing procedures as
188188 9 outlined in subsection (h) of Section 6.3 of this Act.
189189 10 The Board may refuse to re-activate the certification
190190 11 of a law enforcement officer who was involuntarily
191191 12 terminated for good cause by an employing agency for
192192 13 conduct subject to decertification under this Act or
193193 14 resigned or retired after receiving notice of a law
194194 15 enforcement agency's investigation.
195195 16 (2) A law enforcement agency may place an officer who
196196 17 is currently certified on inactive status by sending a
197197 18 written request to the Board. A law enforcement officer
198198 19 whose certificate has been placed on inactive status shall
199199 20 not function as a law enforcement officer until the
200200 21 officer has completed any requirements for reactivating
201201 22 the certificate as required by the Board. A request for
202202 23 inactive status in this subsection shall be in writing,
203203 24 accompanied by verifying documentation, and shall be
204204 25 submitted to the Board with a copy to the chief
205205 26 administrator of the law enforcement officer's current or
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216216 1 new employing agency.
217217 2 (3) Certification that has become inactive under
218218 3 paragraph (2) of this subsection (b), shall be reactivated
219219 4 by written notice from the law enforcement officer's
220220 5 agency upon a showing that the law enforcement officer is:
221221 6 (i) is employed in a full-time law enforcement position
222222 7 with the same law enforcement agency, (ii) is not the
223223 8 subject of a decertification proceeding, and (iii) meets
224224 9 all other criteria for re-activation required by the
225225 10 Board.
226226 11 (4) Notwithstanding paragraph (3) of this subsection
227227 12 (b), a law enforcement officer whose certification has
228228 13 become inactive under paragraph (2) may have the officer's
229229 14 employing agency submit a request for a waiver of training
230230 15 requirements to the Board in writing and accompanied by
231231 16 any verifying documentation.. A grant of a waiver is
232232 17 within the discretion of the Board. Within 7 days of
233233 18 receiving a request for a waiver under this Section
234234 19 section, the Board shall notify the law enforcement
235235 20 officer and the chief administrator of the law enforcement
236236 21 officer's employing agency, whether the request has been
237237 22 granted, denied, or if the Board will take additional time
238238 23 for information. A law enforcement agency, whose request
239239 24 for a waiver under this subsection is denied, is entitled
240240 25 to request a review of the denial by the Board. The law
241241 26 enforcement agency must request a review within 20 days of
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252252 1 the waiver being denied. The burden of proof shall be on
253253 2 the law enforcement agency to show why the law enforcement
254254 3 officer is entitled to a waiver of the legislatively
255255 4 required training and eligibility requirements.
256256 5 (c) No provision of this Section shall be construed to
257257 6 mean that a county corrections officer employed by a
258258 7 governmental agency at the time of the effective date of this
259259 8 amendatory Act, either as a probationary county corrections
260260 9 officer or as a permanent county corrections officer, shall
261261 10 require certification under the provisions of this Section. No
262262 11 provision of this Section shall be construed to apply to
263263 12 certification of elected county sheriffs.
264264 13 (d) Within 14 days, a law enforcement officer shall report
265265 14 to the Board: (1) any name change; (2) any change in
266266 15 employment; or (3) the filing of any criminal indictment or
267267 16 charges against the officer alleging that the officer
268268 17 committed any offense as enumerated in Section 6.1 of this
269269 18 Act.
270270 19 (e) All law enforcement officers must report the
271271 20 completion of the training requirements required in this Act
272272 21 in compliance with Section 8.4 of this Act.
273273 22 (e-1) Each employing law enforcement agency shall allow
274274 23 and provide an opportunity for a law enforcement officer to
275275 24 complete the mandated requirements in this Act. All mandated
276276 25 training shall will be provided for at no cost to the
277277 26 employees. Employees shall be paid for all time spent
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288288 1 attending mandated training.
289289 2 (e-2) Each agency, academy, or training provider shall
290290 3 maintain proof of a law enforcement officer's completion of
291291 4 legislatively required training in a format designated by the
292292 5 Board. The report of training shall be submitted to the Board
293293 6 within 30 days following completion of the training. A copy of
294294 7 the report shall be submitted to the law enforcement officer.
295295 8 Upon receipt of a properly completed report of training, the
296296 9 Board will make the appropriate entry into the training
297297 10 records of the law enforcement officer.
298298 11 (f) This Section does not apply to part-time law
299299 12 enforcement officers or probationary part-time law enforcement
300300 13 officers.
301301 14 (g) Notwithstanding any provision of law to the contrary,
302302 15 the changes made to this Section by this amendatory Act of the
303303 16 102nd General Assembly, Public Act 101-652, and Public Act
304304 17 102-28, and Public Act 102-694 take effect July 1, 2022.
305305 18 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
306306 19 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
307307 20 Section 15. The Criminal Code of 2012 is amended by
308308 21 changing Section 7-5.5 as follows:
309309 22 (720 ILCS 5/7-5.5)
310310 23 Sec. 7-5.5. Prohibited use of force by a peace officer.
311311 24 (a) A peace officer, or any other person acting under the
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322322 1 color of law, shall not use a chokehold or restraint above the
323323 2 shoulders with risk of asphyxiation in the performance of his
324324 3 or her duties, unless deadly force is justified under this
325325 4 Article.
326326 5 (b) A peace officer, or any other person acting under the
327327 6 color of law, shall not use a chokehold or restraint above the
328328 7 shoulders with risk of asphyxiation, or any lesser contact
329329 8 with the throat or neck area of another, in order to prevent
330330 9 the destruction of evidence by ingestion.
331331 10 (c) As used in this Section, "chokehold" means applying
332332 11 any direct pressure to the throat, windpipe, or airway of
333333 12 another. "Chokehold" does not include any holding involving
334334 13 contact with the neck that is not intended to reduce the intake
335335 14 of air such as a headlock where the only pressure applied is to
336336 15 the head.
337337 16 (d) As used in this Section, "restraint above the
338338 17 shoulders with risk of positional asphyxiation" means a use of
339339 18 a technique used to restrain a person above the shoulders,
340340 19 including the neck or head, in a position which interferes
341341 20 with the person's ability to breathe after the person no
342342 21 longer poses a threat to the officer or any other person.
343343 22 (e) A peace officer, or any other person acting under the
344344 23 color of law, shall not:
345345 24 (i) use force as punishment or retaliation;
346346 25 (ii) discharge kinetic impact projectiles and all
347347 26 other non-lethal or less-lethal projectiles in a manner
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358358 1 that targets the head, neck, groin, or anterior pelvis, or
359359 2 back;
360360 3 (iii) discharge conducted electrical weapons in a
361361 4 manner that targets the head, chest, neck, groin, or
362362 5 anterior pelvis;
363363 6 (iv) discharge firearms or kinetic impact projectiles
364364 7 indiscriminately into a crowd;
365365 8 (v) use chemical agents or irritants for crowd
366366 9 control, including pepper spray and tear gas, prior to
367367 10 issuing an order to disperse in a sufficient manner to
368368 11 allow for the order to be heard and repeated if necessary,
369369 12 followed by sufficient time and space to allow compliance
370370 13 with the order unless providing such time and space would
371371 14 unduly place an officer or another person at risk of death
372372 15 or great bodily harm; or
373373 16 (vi) use chemical agents or irritants, including
374374 17 pepper spray and tear gas, prior to issuing an order in a
375375 18 sufficient manner to ensure the order is heard, and
376376 19 repeated if necessary, to allow compliance with the order
377377 20 unless providing such time and space would unduly place an
378378 21 officer or another person at risk of death or great bodily
379379 22 harm.
380380 23 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
381381 24 102-687, eff. 12-17-21.)
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