Illinois 2023-2024 Regular Session

Illinois House Bill HB4333 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4333 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 20 ILCS 2610/12.720 ILCS 2610/12.8 new50 ILCS 205/2550 ILCS 705/6 from Ch. 85, par. 50650 ILCS 705/6.350 ILCS 705/6.750 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. Removes 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 Police and Community Relations Improvement 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 35081 AWJ 65035 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4333 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 20 ILCS 2610/12.720 ILCS 2610/12.8 new50 ILCS 205/2550 ILCS 705/6 from Ch. 85, par. 50650 ILCS 705/6.350 ILCS 705/6.750 ILCS 727/1-35 rep. 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. Removes 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 Police and Community Relations Improvement 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 35081 AWJ 65035 b LRB103 35081 AWJ 65035 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4333 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 2610/12.720 ILCS 2610/12.8 new50 ILCS 205/2550 ILCS 705/6 from Ch. 85, par. 50650 ILCS 705/6.350 ILCS 705/6.750 ILCS 727/1-35 rep. 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.
4	4	20 ILCS 2610/12.7
5	5	20 ILCS 2610/12.8 new
6	6	50 ILCS 205/25
7	7	50 ILCS 705/6 from Ch. 85, par. 506
8	8	50 ILCS 705/6.3
9	9	50 ILCS 705/6.7
10	10	50 ILCS 727/1-35 rep.
11	11	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. Removes 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 Police and Community Relations Improvement 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.
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14	14	A BILL FOR
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16	16	HB4333 LRB103 35081 AWJ 65035 b
17	17	1 AN ACT concerning government.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Illinois State Police Act is amended by
21	21	5 changing Section 12.7 and by adding Section 12.8 as follows:
22	22	6 (20 ILCS 2610/12.7)
23	23	7 Sec. 12.7. Discretionary termination of Illinois State
24	24	8 Police officers.
25	25	9 (a) Definitions. For purposes of this Section 12.7:
26	26	10 "Duty to intervene" means the affirmative duty of an
27	27	11 officer who has an opportunity to intervene to: (i) intervene
28	28	12 to prevent or stop another officer in his or her presence from
29	29	13 using any unauthorized force or force that exceeds the degree
30	30	14 of force permitted, if any, without regard for chain of
31	31	15 command; and (ii) report an intervention under item (i) no
32	32	16 later than 5 days after the incident to the person designated
33	33	17 or identified by the Director in a manner prescribed by the
34	34	18 Director, including the date, time, and place of the
35	35	19 occurrence; the identity, if known, and description of the
36	36	20 participants; and a description of the intervention actions
37	37	21 taken and whether they were successful. an obligation to
38	38	22 intervene to prevent harm from occurring that arises when an
39	39	23 officer is present and has reason to know:
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4333 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
44	44	20 ILCS 2610/12.720 ILCS 2610/12.8 new50 ILCS 205/2550 ILCS 705/6 from Ch. 85, par. 50650 ILCS 705/6.350 ILCS 705/6.750 ILCS 727/1-35 rep. 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.
45	45	20 ILCS 2610/12.7
46	46	20 ILCS 2610/12.8 new
47	47	50 ILCS 205/25
48	48	50 ILCS 705/6 from Ch. 85, par. 506
49	49	50 ILCS 705/6.3
50	50	50 ILCS 705/6.7
51	51	50 ILCS 727/1-35 rep.
52	52	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. Removes 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 Police and Community Relations Improvement 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.
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54	54	LRB103 35081 AWJ 65035 b
55	55	A BILL FOR
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61	61	20 ILCS 2610/12.7
62	62	20 ILCS 2610/12.8 new
63	63	50 ILCS 205/25
64	64	50 ILCS 705/6 from Ch. 85, par. 506
65	65	50 ILCS 705/6.3
66	66	50 ILCS 705/6.7
67	67	50 ILCS 727/1-35 rep.
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86	86	1 (1) that excessive force is being used; or
87	87	2 (2) that any constitutional violation has been
88	88	3 committed by a law enforcement official; and the officer
89	89	4 has a realistic opportunity to intervene.
90	90	5 This duty applies equally to supervisory and
91	91	6 nonsupervisory officers. If aid is required, the officer
92	92	7 shall not, when reasonable to administer aid, knowingly
93	93	8 and willingly refuse to render aid as defined by State or
94	94	9 federal law. An officer does not violate this duty if the
95	95	10 failure to render aid is due to circumstances such as lack
96	96	11 of appropriate specialized training, lack of resources or
97	97	12 equipment, or both, or if it is unsafe or impracticable to
98	98	13 render aid.
99	99	14 "Excessive use of force" means using force in violation of
100	100	15 State or federal law.
101	101	16 "False statement" means:
102	102	17 (1) any knowingly false statement provided on a form
103	103	18 or report;
104	104	19 (2) that the writer does not believe to be true; and
105	105	20 (3) that the writer includes to mislead a public
106	106	21 servant in performing that public servant's official
107	107	22 functions.
108	108	23 "Perjury" has the meaning as defined under Sections 32-2
109	109	24 and 32-3 of the Criminal Code of 2012.
110	110	25 "Tampers with or fabricates evidence" means if a law
111	111	26 enforcement officer:
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122	122	1 (1) has reason to believe that an official proceeding
123	123	2 is pending or may be instituted; and
124	124	3 (2) alters, destroys, conceals, or removes any record,
125	125	4 document, data, video or thing to impair its validity or
126	126	5 availability in the proceeding.
127	127	6 (b) Discretionary termination conduct. The Board may
128	128	7 terminate an Illinois State Police officer upon a
129	129	8 determination by the Board that the Illinois State Police
130	130	9 officer has:
131	131	10 (1) committed an act that would constitute a felony or
132	132	11 misdemeanor which could serve as basis for automatic
133	133	12 decertification, whether or not the law enforcement
134	134	13 officer was criminally prosecuted, and whether or not the
135	135	14 law enforcement officer's employment was terminated;
136	136	15 (2) exercised excessive use of force;
137	137	16 (3) failed to comply with the officer's duty to
138	138	17 intervene, including through acts or omission;
139	139	18 (4) tampered with a dash camera or body-worn camera or
140	140	19 data recorded by a dash camera or body-worn camera or
141	141	20 directed another to tamper with or turn off a dash camera
142	142	21 or body-worn camera or data recorded by a dash camera or
143	143	22 body-worn camera for the purpose of concealing, destroying
144	144	23 or altering potential evidence;
145	145	24 (5) engaged in the following conduct relating to the
146	146	25 reporting, investigation, or prosecution of a crime:
147	147	26 committed perjury, made a false statement, or knowingly
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158	158	1 tampered with or fabricated evidence;
159	159	2 (6) engaged in any unprofessional, unethical,
160	160	3 deceptive, or deleterious conduct or practice harmful to
161	161	4 the public; such conduct or practice need not have
162	162	5 resulted in actual injury to any person. As used in this
163	163	6 paragraph, the term "unprofessional conduct" shall include
164	164	7 any departure from, or failure to conform to, the minimal
165	165	8 standards of acceptable and prevailing practice of an
166	166	9 officer.
167	167	10 (c) If an officer enters a plea of guilty, nolo
168	168	11 contendere, stipulates to the facts or is found guilty of a
169	169	12 violation of any law, or if there is any other Board or
170	170	13 judicial determination that will support any punitive measure
171	171	14 taken against the officer, such action by the officer or
172	172	15 judicial entity may be considered for the purposes of this
173	173	16 Section. Termination under this Section shall be by clear and
174	174	17 convincing evidence. If the Board votes to terminate, the
175	175	18 Board shall put its decision in writing, setting forth the
176	176	19 specific reasons for its decision. Final decisions under this
177	177	20 Section are reviewable under the Administrative Review Law.
178	178	21 (d) The Illinois State Police Merit Board shall report all
179	179	22 terminations under this Section to the Officer Professional
180	180	23 Conduct Database provided in Section 9.2 of the Illinois
181	181	24 Police Training Act.
182	182	25 (e) Nothing in this Act shall require an Illinois State
183	183	26 Police officer to waive any applicable constitutional rights.
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194	194	1 (f) Nothing in this Section shall prohibit the Merit Board
195	195	2 from administering discipline up to and including termination
196	196	3 for violations of Illinois State Police policies and
197	197	4 procedures pursuant to other Sections of this Act.
198	198	5 (Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
199	199	6 (20 ILCS 2610/12.8 new)
200	200	7 Sec. 12.8. Retaliation against an officer. A member of the
201	201	8 Illinois State Police shall not discipline or retaliate in any
202	202	9 way against an officer for exercising the officer's duty to
203	203	10 intervene, as that term is defined in Section 12.7, for
204	204	11 reporting unconstitutional or unlawful conduct, or for failing
205	205	12 to follow what the officer reasonably believes is an
206	206	13 unconstitutional or unlawful directive.
207	207	14 Section 10. The Local Records Act is amended by changing
208	208	15 Section 25 as follows:
209	209	16 (50 ILCS 205/25)
210	210	17 Sec. 25. Police misconduct records. Notwithstanding any
211	211	18 other provision of law to the contrary, all public records and
212	212	19 nonpublic records related to complaints, investigations, and
213	213	20 adjudications of police misconduct and records related to
214	214	21 automatic expungement of misconduct records where an officer
215	215	22 has been found not to have committed any wrong doing or the
216	216	23 complaint was found to be frivolous shall be permanently
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227	227	1 retained and may not be destroyed.
228	228	2 (Source: P.A. 101-652, eff. 7-1-21.)
229	229	3 Section 15. The Illinois Police Training Act is amended by
230	230	4 changing Sections 6, 6.3, and 6.7 as follows:
231	231	5 (50 ILCS 705/6) (from Ch. 85, par. 506)
232	232	6 Sec. 6. Powers and duties of the Board; selection and
233	233	7 certification of schools. The Board shall select and certify
234	234	8 schools within the State of Illinois for the purpose of
235	235	9 providing basic training for probationary law enforcement
236	236	10 officers, probationary county corrections officers, and court
237	237	11 security officers and of providing advanced or in-service
238	238	12 training for permanent law enforcement officers or permanent
239	239	13 county corrections officers, which schools may be either
240	240	14 publicly or privately owned and operated. In addition, the
241	241	15 Board has the following power and duties:
242	242	16 a. To require law enforcement agencies to furnish such
243	243	17 reports and information as the Board deems necessary to
244	244	18 fully implement this Act.
245	245	19 b. To establish appropriate mandatory minimum
246	246	20 standards relating to the training of probationary local
247	247	21 law enforcement officers or probationary county
248	248	22 corrections officers, and in-service training of permanent
249	249	23 law enforcement officers.
250	250	24 c. To provide appropriate certification to those
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261	261	1 probationary officers who successfully complete the
262	262	2 prescribed minimum standard basic training course.
263	263	3 d. To review and approve annual training curriculum
264	264	4 for county sheriffs.
265	265	5 e. To review and approve applicants to ensure that no
266	266	6 applicant is admitted to a certified academy unless the
267	267	7 applicant is a person of good character and has not been
268	268	8 convicted of, found guilty of, entered a plea of guilty
269	269	9 to, or entered a plea of nolo contendere to a felony
270	270	10 offense, any of the misdemeanors in Sections 11-1.50,
271	271	11 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
272	272	12 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
273	273	13 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
274	274	14 violation of any Section of Part E of Title III of the
275	275	15 Criminal Code of 1961 or the Criminal Code of 2012, or
276	276	16 subsection (a) of Section 17-32 of the Criminal Code of
277	277	17 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
278	278	18 the Cannabis Control Act, or a crime involving moral
279	279	19 turpitude under the laws of this State or any other state
280	280	20 which if committed in this State would be punishable as a
281	281	21 felony or a crime of moral turpitude, or any felony or
282	282	22 misdemeanor in violation of federal law or the law of any
283	283	23 state that is the equivalent of any of the offenses
284	284	24 specified therein. The Board may appoint investigators who
285	285	25 shall enforce the duties conferred upon the Board by this
286	286	26 Act.
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297	297	1 For purposes of this paragraph e, a person is
298	298	2 considered to have been convicted of, found guilty of, or
299	299	3 entered a plea of guilty to, plea of nolo contendere to
300	300	4 regardless of whether the adjudication of guilt or
301	301	5 sentence is withheld or not entered thereon. This includes
302	302	6 sentences of supervision, conditional discharge, or first
303	303	7 offender probation, or any similar disposition provided
304	304	8 for by law.
305	305	9 f. To establish statewide standards for minimum
306	306	10 standards regarding regular mental health screenings for
307	307	11 probationary and permanent police officers, ensuring that
308	308	12 counseling sessions and screenings remain confidential.
309	309	13 g. To review and ensure all law enforcement officers
310	310	14 remain in compliance with this Act, and any administrative
311	311	15 rules adopted under this Act.
312	312	16 h. To suspend any certificate for a definite period,
313	313	17 limit or restrict any certificate, or revoke any
314	314	18 certificate.
315	315	19 i. The Board and the Panel shall have power to secure
316	316	20 by its subpoena and bring before it any person or entity in
317	317	21 this State and to take testimony either orally or by
318	318	22 deposition or both with the same fees and mileage and in
319	319	23 the same manner as prescribed by law in judicial
320	320	24 proceedings in civil cases in circuit courts of this
321	321	25 State. The Board and the Panel shall also have the power to
322	322	26 subpoena the production of documents, papers, files,
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333	333	1 books, documents, and records, whether in physical or
334	334	2 electronic form, in support of the charges and for
335	335	3 defense, and in connection with a hearing or
336	336	4 investigation.
337	337	5 j. The Executive Director, the administrative law
338	338	6 judge designated by the Executive Director, and each
339	339	7 member of the Board and the Panel shall have the power to
340	340	8 administer oaths to witnesses at any hearing that the
341	341	9 Board is authorized to conduct under this Act and any
342	342	10 other oaths required or authorized to be administered by
343	343	11 the Board under this Act.
344	344	12 k. In case of the neglect or refusal of any person to
345	345	13 obey a subpoena issued by the Board and the Panel, any
346	346	14 circuit court, upon application of the Board and the
347	347	15 Panel, through the Illinois Attorney General, may order
348	348	16 such person to appear before the Board and the Panel give
349	349	17 testimony or produce evidence, and any failure to obey
350	350	18 such order is punishable by the court as a contempt
351	351	19 thereof. This order may be served by personal delivery, by
352	352	20 email, or by mail to the address of record or email address
353	353	21 of record.
354	354	22 l. The Board shall have the power to administer state
355	355	23 certification examinations. Any and all records related to
356	356	24 these examinations, including, but not limited to, test
357	357	25 questions, test formats, digital files, answer responses,
358	358	26 answer keys, and scoring information shall be exempt from
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369	369	1 disclosure.
370	370	2 m. To make grants, subject to appropriation, to units
371	371	3 of local government and public institutions of higher
372	372	4 education for the purposes of hiring and retaining law
373	373	5 enforcement officers.
374	374	6 n. To make grants, subject to appropriation, to local
375	375	7 law enforcement agencies for costs associated with the
376	376	8 expansion and support of National Integrated Ballistic
377	377	9 Information Network (NIBIN) and other ballistic technology
378	378	10 equipment for ballistic testing.
379	379	11 o. To make rules that must be followed by each law
380	380	12 enforcement agency prohibiting a member of a law
381	381	13 enforcement agency from disciplining or retaliating in any
382	382	14 way against a law enforcement officer for exercising the
383	383	15 officer's duty to intervene, as that term is defined in
384	384	16 Section 6.3, for reporting unconstitutional or unlawful
385	385	17 conduct, or for failing to follow what the officer
386	386	18 reasonably believes is an unconstitutional or unlawful
387	387	19 directive.
388	388	20 (Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
389	389	21 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
390	390	22 (50 ILCS 705/6.3)
391	391	23 Sec. 6.3. Discretionary decertification of full-time and
392	392	24 part-time law enforcement officers.
393	393	25 (a) Definitions. For purposes of this Section 6.3:
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404	404	1 "Duty to intervene" means the affirmative duty of an
405	405	2 officer who has an opportunity to intervene to: (i) intervene
406	406	3 to prevent or stop another officer in his or her presence from
407	407	4 using any unauthorized force or force that exceeds the degree
408	408	5 of force permitted, if any, without regard for chain of
409	409	6 command; and (ii) report an intervention under item (i) no
410	410	7 later than 5 days after the incident to the person designated
411	411	8 or identified by the law enforcement agency in a manner
412	412	9 prescribed by the agency, including the date, time, and place
413	413	10 of the occurrence; the identity, if known, and description of
414	414	11 the participants; and a description of the intervention
415	415	12 actions taken and whether they were successful. an obligation
416	416	13 to intervene to prevent harm from occurring that arises when:
417	417	14 an officer is present, and has reason to know (1) that
418	418	15 excessive force is being used or that any constitutional
419	419	16 violation has been committed by a law enforcement official;
420	420	17 and (2) the officer has a realistic opportunity to intervene.
421	421	18 This duty applies equally to supervisory and nonsupervisory
422	422	19 officers. If aid is required, the officer shall not, when
423	423	20 reasonable to administer aid, knowingly and willingly refuse
424	424	21 to render aid as defined by State or federal law. An officer
425	425	22 does not violate this duty if the failure to render aid is due
426	426	23 to circumstances such as lack of appropriate specialized
427	427	24 training, lack of resources or equipment, or if it is unsafe or
428	428	25 impracticable to render aid.
429	429	26 "Excessive use of force" means using force in violation of
430	430
431	431
432	432
433	433
434	434
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436	436
437	437
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440	440	1 State or federal law.
441	441	2 "False statement" means (1) any knowingly false statement
442	442	3 provided on a form or report, (2) that the writer does not
443	443	4 believe to be true, and (3) that the writer includes to mislead
444	444	5 a public servant in performing the public servant's official
445	445	6 functions.
446	446	7 "Perjury" means that as defined under Sections 32-2 and
447	447	8 32-3 of the Criminal Code of 2012.
448	448	9 "Tampers with or fabricates evidence" means if a law
449	449	10 enforcement officer (1) has reason to believe that an official
450	450	11 proceeding is pending or may be instituted, and (2) alters,
451	451	12 destroys, conceals, or removes any record, document, data,
452	452	13 video or thing to impair its validity or availability in the
453	453	14 proceeding.
454	454	15 (b) Decertification conduct. The Board has the authority
455	455	16 to decertify a full-time or a part-time law enforcement
456	456	17 officer upon a determination by the Board that the law
457	457	18 enforcement officer has:
458	458	19 (1) committed an act that would constitute a felony or
459	459	20 misdemeanor which could serve as basis for automatic
460	460	21 decertification, whether or not the law enforcement
461	461	22 officer was criminally prosecuted, and whether or not the
462	462	23 law enforcement officer's employment was terminated;
463	463	24 (2) exercised excessive use of force;
464	464	25 (3) failed to comply with the officer's duty to
465	465	26 intervene, including through acts or omissions;
466	466
467	467
468	468
469	469
470	470
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472	472
473	473
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476	476	1 (4) tampered with a dash camera or body-worn camera or
477	477	2 data recorded by a dash camera or body-worn camera or
478	478	3 directed another to tamper with or turn off a dash camera
479	479	4 or body-worn camera or data recorded by a dash camera or
480	480	5 body-worn camera for the purpose of concealing, destroying
481	481	6 or altering potential evidence;
482	482	7 (5) engaged in the following conduct relating to the
483	483	8 reporting, investigation, or prosecution of a crime:
484	484	9 committed perjury, made a false statement, or knowingly
485	485	10 tampered with or fabricated evidence; and
486	486	11 (6) engaged in any unprofessional, unethical,
487	487	12 deceptive, or deleterious conduct or practice harmful to
488	488	13 the public; such conduct or practice need not have
489	489	14 resulted in actual injury to any person. As used in this
490	490	15 paragraph, the term "unprofessional conduct" shall include
491	491	16 any departure from, or failure to conform to, the minimal
492	492	17 standards of acceptable and prevailing practice of an
493	493	18 officer.
494	494	19 (b-5) The Board has the authority to decertify a full-time
495	495	20 or part-time law enforcement officer notwithstanding whether a
496	496	21 law enforcement agency takes disciplinary action against a law
497	497	22 enforcement officer for the same underlying conduct as
498	498	23 outlined in subsection (b).
499	499	24 (c) Notice of Alleged Violation.
500	500	25 (1) The following individuals and agencies shall
501	501	26 notify the Board within 7 days of becoming aware of any
502	502
503	503
504	504
505	505
506	506
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508	508
509	509
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511	511	HB4333 - 14 - LRB103 35081 AWJ 65035 b
512	512	1 violation described in subsection (b):
513	513	2 (A) A law enforcement agency as defined in Section
514	514	3 2 or any law enforcement officer of this State. For
515	515	4 this subsection (c), law enforcement agency includes,
516	516	5 but is not limited to, a civilian review board, an
517	517	6 inspector general, and legal counsel for a law
518	518	7 enforcement agency.
519	519	8 (B) The Executive Director of the Board;
520	520	9 (C) A State's Attorney's Office of this State.
521	521	10 "Becoming aware" does not include confidential
522	522	11 communications between agency lawyers and agencies
523	523	12 regarding legal advice. For purposes of this subsection,
524	524	13 "law enforcement agency" does not include the Illinois
525	525	14 Attorney General when providing legal representation to a
526	526	15 law enforcement officer under the State Employee
527	527	16 Indemnification Act.
528	528	17 (2) Any person may also notify the Board of any
529	529	18 conduct the person believes a law enforcement officer has
530	530	19 committed as described in subsection (b). Such
531	531	20 notifications may be made confidentially. Notwithstanding
532	532	21 any other provision in state law or any collective
533	533	22 bargaining agreement, the Board shall accept notice and
534	534	23 investigate any allegations from individuals who remain
535	535	24 confidential.
536	536	25 (3) Upon written request, the Board shall disclose to
537	537	26 the individual or entity who filed a notice of violation
538	538
539	539
540	540
541	541
542	542
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544	544
545	545
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547	547	HB4333 - 15 - LRB103 35081 AWJ 65035 b
548	548	1 the status of the Board's review.
549	549	2 (d) Form. The notice of violation reported under
550	550	3 subsection (c) shall be on a form prescribed by the Board in
551	551	4 its rules. The form shall be publicly available by paper and
552	552	5 electronic means. The form shall include fields for the
553	553	6 following information, at a minimum:
554	554	7 (1) the full name, address, and telephone number of
555	555	8 the person submitting the notice;
556	556	9 (2) if submitted under subsection (c)(1), the agency
557	557	10 name and title of the person submitting the notice;
558	558	11 (3) the full name, badge number, employing agency, and
559	559	12 physical description of the officer, if known;
560	560	13 (4) the full name or names, address or addresses,
561	561	14 telephone number or numbers, and physical description or
562	562	15 descriptions of any witnesses, if known;
563	563	16 (5) a concise statement of facts that describe the
564	564	17 alleged violation and any copies of supporting evidence
565	565	18 including but not limited to any photographic, video, or
566	566	19 audio recordings of the incident;
567	567	20 (6) whether the person submitting the notice has
568	568	21 notified any other agency; and
569	569	22 (7) an option for an individual, who submits directly
570	570	23 to the Board, to consent to have the individual's identity
571	571	24 disclosed. The identity of any individual providing
572	572	25 information or reporting any possible or alleged violation
573	573	26 to the Board shall be kept confidential and may not be
574	574
575	575
576	576
577	577
578	578
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580	580
581	581
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583	583	HB4333 - 16 - LRB103 35081 AWJ 65035 b
584	584	1 disclosed without the consent of that individual, unless
585	585	2 the individual consents to disclosure of the individual's
586	586	3 name or disclosure of the individual's identity is
587	587	4 otherwise required by law. The confidentiality granted by
588	588	5 this subsection does not preclude the disclosure of the
589	589	6 identity of a person in any capacity other than as the
590	590	7 source of an allegation.
591	591	8 Nothing in this subsection (d) shall preclude the Board
592	592	9 from receiving, investigating, or acting upon allegations made
593	593	10 confidentially or in a format different from the form provided
594	594	11 for in this subsection.
595	595	12 (e) Preliminary review.
596	596	13 (1) The Board shall complete a preliminary review of
597	597	14 the allegations to determine whether there is sufficient
598	598	15 information to warrant a further investigation of any
599	599	16 violations of the Act. Upon initiating a preliminary
600	600	17 review of the allegations, the Board shall notify the head
601	601	18 of the law enforcement agency that employs the law
602	602	19 enforcement officer who is the subject of the allegations.
603	603	20 At the request of the Board, the law enforcement agency
604	604	21 must submit any copies of investigative findings,
605	605	22 evidence, or documentation to the Board in accordance with
606	606	23 rules adopted by the Board to facilitate the Board's
607	607	24 preliminary review. The Board may correspond with the law
608	608	25 enforcement agency, official records clerks or any
609	609	26 investigative agencies in conducting its preliminary
610	610
611	611
612	612
613	613
614	614
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616	616
617	617
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620	620	1 review.
621	621	2 (2) During the preliminary review, the Board will take
622	622	3 all reasonable steps to discover any and all objective
623	623	4 verifiable evidence relevant to the alleged violation
624	624	5 through the identification, retention, review, and
625	625	6 analysis of all currently available evidence, including,
626	626	7 but not limited to: all time-sensitive evidence, audio and
627	627	8 video evidence, physical evidence, arrest reports,
628	628	9 photographic evidence, GPS records, computer data, lab
629	629	10 reports, medical documents, and witness interviews. All
630	630	11 reasonable steps will be taken to preserve relevant
631	631	12 evidence identified during the preliminary investigation.
632	632	13 (3) If after a preliminary review of the alleged
633	633	14 violation or violations, the Board believes there is
634	634	15 sufficient information to warrant further investigation of
635	635	16 any violations of this Act, the alleged violation or
636	636	17 violations shall be assigned for investigation in
637	637	18 accordance with subsection (f).
638	638	19 (4) If after a review of the allegations, the Board
639	639	20 believes there is insufficient information supporting the
640	640	21 allegations to warrant further investigation, it may close
641	641	22 a notice. Notification of the Board's decision to close a
642	642	23 notice shall be sent to all relevant individuals,
643	643	24 agencies, and any entities that received notice of the
644	644	25 violation under subsection (c) within 30 days of the
645	645	26 notice being closed, except in cases where the notice is
646	646
647	647
648	648
649	649
650	650
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652	652
653	653
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655	655	HB4333 - 18 - LRB103 35081 AWJ 65035 b
656	656	1 submitted anonymously if the complainant is unknown.
657	657	2 (5) Except when the Board has received notice under
658	658	3 subparagraph (A) of paragraph (1) of subsection (c), no
659	659	4 later than 30 days after receiving notice, the Board shall
660	660	5 report any notice of violation it receives to the relevant
661	661	6 law enforcement agency, unless reporting the notice would
662	662	7 jeopardize any subsequent investigation. The Board shall
663	663	8 also record any notice of violation it receives to the
664	664	9 Officer Professional Conduct Database in accordance with
665	665	10 Section 9.2. The Board shall report to the appropriate
666	666	11 State's Attorney any alleged violations that contain
667	667	12 allegations, claims, or factual assertions that, if true,
668	668	13 would constitute a violation of Illinois law. The Board
669	669	14 shall inform the law enforcement officer via certified
670	670	15 mail that it has received a notice of violation against
671	671	16 the law enforcement officer.
672	672	17 If the Board determines that due to the circumstances
673	673	18 and the nature of the allegation that it would not be
674	674	19 prudent to notify the law enforcement officer and the
675	675	20 officer's law enforcement agency unless and until the
676	676	21 filing of a Formal Complaint, the Board shall document in
677	677	22 the file the reason or reasons a notification was not
678	678	23 made.
679	679	24 (6) If the law enforcement officer is involved in a
680	680	25 criminal proceeding on the same subject as the notice of
681	681	26 violation, the Board is responsible for maintaining a
682	682
683	683
684	684
685	685
686	686
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688	688
689	689
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691	691	HB4333 - 19 - LRB103 35081 AWJ 65035 b
692	692	1 current status report including court dates, hearings,
693	693	2 pleas, adjudication status and sentencing. A State's
694	694	3 Attorney's Office must notify the Board of any criminal
695	695	4 charges filed against a law enforcement officer, and must
696	696	5 provide updates of significant developments to the Board
697	697	6 in a timely manner but no later than 30 days after such
698	698	7 developments.
699	699	8 (f) Investigations; requirements. Investigations are to be
700	700	9 assigned after a preliminary review, unless the investigations
701	701	10 were closed under paragraph (4) of subsection (e), as follows
702	702	11 in paragraphs (1), (2), and (3) of this subsection (f).
703	703	12 (1) A law enforcement agency that submits a notice of
704	704	13 violation to the Board under subparagraph (A) of paragraph
705	705	14 (1) of subsection (c) shall be responsible for conducting
706	706	15 an investigation of the underlying allegations except
707	707	16 when: (i) the law enforcement agency refers the notice to
708	708	17 another law enforcement agency or the Board for
709	709	18 investigation and such other agency or the Board agrees to
710	710	19 conduct the investigation; (ii) an external, independent,
711	711	20 or civilian oversight agency conducts the investigation in
712	712	21 accordance with local ordinance or other applicable law;
713	713	22 or (iii) the Board has determined that it will conduct the
714	714	23 investigation based upon the facts and circumstances of
715	715	24 the alleged violation, including but not limited to,
716	716	25 investigations regarding the Chief or Sheriff of a law
717	717	26 enforcement agency, familial conflict of interests,
718	718
719	719
720	720
721	721
722	722
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724	724
725	725
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728	728	1 complaints involving a substantial portion of a law
729	729	2 enforcement agency, or complaints involving a policy of a
730	730	3 law enforcement agency. Any agency or entity conducting an
731	731	4 investigation under this paragraph (1) shall submit
732	732	5 quarterly reports to the Board regarding the progress of
733	733	6 the investigation. The quarterly report shall be reviewed
734	734	7 by the individual or individuals at the Board who
735	735	8 conducted the preliminary review, if available.
736	736	9 Any agency or entity conducting an investigation under
737	737	10 this paragraph (1) shall, within 7 days of completing an
738	738	11 investigation, deliver an Investigative Summary Report and
739	739	12 copies of any administrative evidence to the Board. If the
740	740	13 Board finds an investigation conducted under this
741	741	14 paragraph (1) is incomplete, unsatisfactory, or deficient
742	742	15 in any way, the Board may direct the investigating entity
743	743	16 or agency to take any additional investigative steps
744	744	17 deemed necessary to thoroughly and satisfactorily complete
745	745	18 the investigation, or the Board may take any steps
746	746	19 necessary to complete the investigation. The investigating
747	747	20 entity or agency or, when necessary, the Board will then
748	748	21 amend and re-submit the Investigative Summary Report to
749	749	22 the Board for approval.
750	750	23 The Board shall submit a report to the investigating
751	751	24 entity disclosing the name, address, and telephone numbers
752	752	25 of persons who have knowledge of facts which are the
753	753	26 subject of the investigation and identifying the subject
754	754
755	755
756	756
757	757
758	758
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760	760
761	761
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764	764	1 matter of their knowledge.
765	765	2 (2) The Board shall investigate and complete an
766	766	3 Investigative Summary Report when a State's Attorney's
767	767	4 Office submits a notice of violation to the Board under
768	768	5 (c)(1)(C).
769	769	6 (3) When a person submits a notice to the Board under
770	770	7 paragraph (2) of subsection (c), The Board shall assign
771	771	8 the investigation to the law enforcement agency that
772	772	9 employs the law enforcement officer, except when: (i) the
773	773	10 law enforcement agency requests to refer the notice to
774	774	11 another law enforcement agency or the Board for
775	775	12 investigation and such other agency or the Board agrees to
776	776	13 conduct the investigation; (ii) an external, independent,
777	777	14 or civilian oversight agency conducts the investigation in
778	778	15 accordance with local ordinance or other applicable law;
779	779	16 or (iii) the Board has determined that it will conduct the
780	780	17 investigation based upon the facts and circumstances of
781	781	18 the alleged violation, including but not limited to,
782	782	19 investigations regarding the Chief or Sheriff of a law
783	783	20 enforcement agency, familial conflict of interests,
784	784	21 complaints involving a substantial portion of a law
785	785	22 enforcement agency, or complaints involving a policy of a
786	786	23 law enforcement agency.
787	787	24 The investigating entity or agency shall submit
788	788	25 quarterly reports to the Board regarding the progress of
789	789	26 the investigation in a form to be determined by the Board.
790	790
791	791
792	792
793	793
794	794
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796	796
797	797
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800	800	1 The quarterly report shall be reviewed by the individual
801	801	2 at the Board who conducted the preliminary review, if
802	802	3 available.
803	803	4 The investigating entity or agency shall, within 7 days of
804	804	5 completing an investigation, deliver an Investigative
805	805	6 Summary Report and copies of any evidence to the Board. If
806	806	7 the Board finds an investigation conducted under this
807	807	8 subsection (f)(3) is incomplete, unsatisfactory, or
808	808	9 deficient in any way, the Board may direct the
809	809	10 investigating entity to take any additional investigative
810	810	11 steps deemed necessary to thoroughly and satisfactorily
811	811	12 complete the investigation, or the Board may take any
812	812	13 steps necessary to complete the investigation. The
813	813	14 investigating entity or agency or, when necessary, the
814	814	15 Board will then amend and re-submit the Investigative
815	815	16 Summary Report to the Board for approval. The
816	816	17 investigating entity shall cooperate with and assist the
817	817	18 Board, as necessary, in any subsequent investigation.
818	818	19 (4) Concurrent Investigations. The Board may, at any
819	819	20 point, initiate a concurrent investigation under this
820	820	21 section. The original investigating entity shall timely
821	821	22 communicate, coordinate, and cooperate with the Board to
822	822	23 the fullest extent. The Board shall promulgate rules that
823	823	24 shall address, at a minimum, the sharing of information
824	824	25 and investigative means such as subpoenas and interviewing
825	825	26 witnesses.
826	826
827	827
828	828
829	829
830	830
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832	832
833	833
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836	836	1 (5) Investigative Summary Report. An Investigative
837	837	2 Summary Report shall contain, at a minimum, the
838	838	3 allegations and elements within each allegation followed
839	839	4 by the testimonial, documentary, or physical evidence that
840	840	5 is relevant to each such allegation or element listed and
841	841	6 discussed in association with it. All persons who have
842	842	7 been interviewed and listed in the Investigative Summary
843	843	8 Report will be identified as a complainant, witness,
844	844	9 person with specialized knowledge, or law enforcement
845	845	10 employee.
846	846	11 (6) Each law enforcement agency shall adopt a written
847	847	12 policy regarding the investigation of conduct under
848	848	13 subsection (a) that involves a law enforcement officer
849	849	14 employed by that law enforcement agency. The written
850	850	15 policy adopted must include the following, at a minimum:
851	851	16 (a) Each law enforcement officer shall immediately
852	852	17 report any conduct under subsection (b) to the
853	853	18 appropriate supervising officer.
854	854	19 (b) The written policy under this Section shall be
855	855	20 available for inspection and copying under the Freedom
856	856	21 of Information Act, and not subject to any exemption
857	857	22 of that Act.
858	858	23 (7) Nothing in this Act shall prohibit a law
859	859	24 enforcement agency from conducting an investigation for
860	860	25 the purpose of internal discipline. However, any such
861	861	26 investigation shall be conducted in a manner that avoids
862	862
863	863
864	864
865	865
866	866
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868	868
869	869
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872	872	1 interference with, and preserves the integrity of, any
873	873	2 separate investigation by the Board being conducted.
874	874	3 (g) Formal complaints. Upon receipt of an Investigative
875	875	4 Summary Report, the Board shall review the Report and any
876	876	5 relevant evidence obtained and determine whether there is
877	877	6 reasonable basis to believe that the law enforcement officer
878	878	7 committed any conduct that would be deemed a violation of this
879	879	8 Act. If after reviewing the Report and any other relevant
880	880	9 evidence obtained, the Board determines that a reasonable
881	881	10 basis does exist, the Board shall file a formal complaint with
882	882	11 the Certification Review Panel.
883	883	12 (h) Formal Complaint Hearing.
884	884	13 (1) Upon issuance of a formal complaint, the Panel
885	885	14 shall set the matter for an initial hearing in front of an
886	886	15 administrative law judge. At least 30 days before the date
887	887	16 set for an initial hearing, the Panel must, in writing,
888	888	17 notify the law enforcement officer subject to the
889	889	18 complaint of the following:
890	890	19 (i) the allegations against the law enforcement
891	891	20 officer, the time and place for the hearing, and
892	892	21 whether the law enforcement officer's certification
893	893	22 has been temporarily suspended under Section 8.3;
894	894	23 (ii) the right to file a written answer to the
895	895	24 complaint with the Panel within 30 days after service
896	896	25 of the notice;
897	897	26 (iii) if the law enforcement officer fails to
898	898
899	899
900	900
901	901
902	902
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904	904
905	905
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908	908	1 comply with the notice of the default order in
909	909	2 paragraph (2), the Panel shall enter a default order
910	910	3 against the law enforcement officer along with a
911	911	4 finding that the allegations in the complaint are
912	912	5 deemed admitted, and that the law enforcement
913	913	6 officer's certification may be revoked as a result;
914	914	7 and
915	915	8 (iv) the law enforcement officer may request an
916	916	9 informal conference to surrender the officer's
917	917	10 certification.
918	918	11 (2) The Board shall send the law enforcement officer
919	919	12 notice of the default order. The notice shall state that
920	920	13 the officer has 30 days to notify the Board in writing of
921	921	14 their desire to have the order vacated and to appear
922	922	15 before the Board. If the law enforcement officer does not
923	923	16 notify the Board within 30 days, the Board may set the
924	924	17 matter for hearing. If the matter is set for hearing, the
925	925	18 Board shall send the law enforcement officer the notice of
926	926	19 the date, time and location of the hearing. If the law
927	927	20 enforcement officer or counsel for the officer does
928	928	21 appear, at the Board's discretion, the hearing may proceed
929	929	22 or may be continued to a date and time agreed upon by all
930	930	23 parties. If on the date of the hearing, neither the law
931	931	24 enforcement officer nor counsel for the officer appears,
932	932	25 the Board may proceed with the hearing for default in
933	933	26 their absence.
934	934
935	935
936	936
937	937
938	938
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940	940
941	941
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944	944	1 (3) If the law enforcement officer fails to comply
945	945	2 with paragraph (2), all of the allegations contained in
946	946	3 the complaint shall be deemed admitted and the law
947	947	4 enforcement officer shall be decertified if, by a majority
948	948	5 vote of the panel, the conduct charged in the complaint is
949	949	6 found to constitute sufficient grounds for decertification
950	950	7 under this Act. Notice of the decertification decision may
951	951	8 be served by personal delivery, by mail, or, at the
952	952	9 discretion of the Board, by electronic means as adopted by
953	953	10 rule to the address or email address specified by the law
954	954	11 enforcement officer in the officer's last communication
955	955	12 with the Board. Notice shall also be provided to the law
956	956	13 enforcement officer's employing law enforcement agency.
957	957	14 (4) The Board, at the request of the law enforcement
958	958	15 officer subject to the Formal Complaint, may suspend a
959	959	16 hearing on a Formal Complaint for no more than one year if
960	960	17 a concurrent criminal matter is pending. If the law
961	961	18 enforcement officer requests to have the hearing
962	962	19 suspended, the law enforcement officer's certification
963	963	20 shall be deemed inactive until the law enforcement
964	964	21 officer's Formal Complaint hearing concludes. The Board or
965	965	22 the law enforcement officer may request to have the
966	966	23 hearing suspended for up to 6 additional months for good
967	967	24 cause. This request may be renewed. For purposes of this
968	968	25 paragraph (4), "good cause" means an incident or
969	969	26 occurrence that is beyond the control of the requester and
970	970
971	971
972	972
973	973
974	974
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976	976
977	977
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980	980	1 that prevents the hearing from occurring, or holding the
981	981	2 hearing would impose an undue hardship or prejudice on the
982	982	3 requester.
983	983	4 (5) Surrender of certification or waiver. Upon the
984	984	5 Board's issuance of a complaint, and prior to hearing on
985	985	6 the matter, a law enforcement officer may choose to
986	986	7 surrender the officer's certification or waiver by
987	987	8 notifying the Board in writing of the officer's decision
988	988	9 to do so. Upon receipt of such notification from the law
989	989	10 enforcement officer, the Board shall immediately decertify
990	990	11 the officer, or revoke any waiver previously granted. In
991	991	12 the case of a surrender of certification or waiver, the
992	992	13 Board's proceeding shall terminate.
993	993	14 (6) Appointment of administrative law judges. The
994	994	15 Board shall retain any attorney licensed to practice law
995	995	16 in the State of Illinois to serve as an administrative law
996	996	17 judge in any action involving a law enforcement officer
997	997	18 under this Act. The administrative law judge shall be
998	998	19 retained to a term of no greater than 4 years. If more than
999	999	20 one judge is retained, the terms shall be staggered. The
1000	1000	21 administrative law judge has full authority to conduct the
1001	1001	22 hearings.
1002	1002	23 Administrative law judges will receive initial and
1003	1003	24 annual training that is adequate in quality, quantity,
1004	1004	25 scope, and type, and will cover, at minimum the following
1005	1005	26 topics:
1006	1006
1007	1007
1008	1008
1009	1009
1010	1010
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1012	1012
1013	1013
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1016	1016	1 (i) constitutional and other relevant law on
1017	1017	2 police-community encounters, including the law on the
1018	1018	3 use of force and stops, searches, and arrests;
1019	1019	4 (ii) police tactics;
1020	1020	5 (iii) investigations of police conduct;
1021	1021	6 (iv) impartial policing;
1022	1022	7 (v) policing individuals in crisis;
1023	1023	8 (vi) Illinois police policies, procedures, and
1024	1024	9 disciplinary rules;
1025	1025	10 (vii) procedural justice; and
1026	1026	11 (viii) community outreach.
1027	1027	12 The Board shall determine the content and extent of
1028	1028	13 the training within the scope provided for by this
1029	1029	14 subsection.
1030	1030	15 (7) Hearing. At the hearing, the administrative law
1031	1031	16 judge will hear the allegations alleged in the complaint.
1032	1032	17 The law enforcement officer, the counsel of the officer's
1033	1033	18 choosing, and the Board, or the officer's counsel, shall
1034	1034	19 be afforded the opportunity to present any pertinent
1035	1035	20 statements, testimony, evidence, and arguments. The law
1036	1036	21 enforcement officer shall be afforded the opportunity to
1037	1037	22 request that the Board compel the attendance of witnesses
1038	1038	23 and production of related documents. After the conclusion
1039	1039	24 of the hearing, the administrative law judge shall report
1040	1040	25 any findings of fact, conclusions of law, and recommended
1041	1041	26 disposition to the Panel. If the law enforcement officer
1042	1042
1043	1043
1044	1044
1045	1045
1046	1046
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1048	1048
1049	1049
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1052	1052	1 objects to any procedural or substantive legal portion of
1053	1053	2 the report, the officer may do so by written brief filed
1054	1054	3 with the Panel within 14 days after receipt of the report.
1055	1055	4 The Panel may grant reasonable extensions for good cause
1056	1056	5 shown or when mutually agreed upon by the parties.
1057	1057	6 No later than 28 days before the hearing, a party
1058	1058	7 shall disclose the following:
1059	1059	8 (i) The name and, if known, the address and
1060	1060	9 telephone number of each individual likely to have
1061	1061	10 information relevant to the hearing that the
1062	1062	11 disclosing party may use to support its claims or
1063	1063	12 defenses. This includes, but is not limited to, any
1064	1064	13 name that has previously been held as confidential by
1065	1065	14 the Board.
1066	1066	15 (ii) A copy of any documents and videos that are in
1067	1067	16 the possession, custody, or control of the party, and
1068	1068	17 that the disclosing party may use to support its
1069	1069	18 claims or defenses.
1070	1070	19 (8) Certification Review Meeting. Upon receipt of the
1071	1071	20 administrative law judge's findings of fact, conclusions
1072	1072	21 of law, and recommended disposition, and any submitted
1073	1073	22 objections from the law enforcement officer, the Panel
1074	1074	23 shall call for a certification review meeting.
1075	1075	24 In such a meeting, the Panel may adjourn into a closed
1076	1076	25 conference for the purposes of deliberating on the
1077	1077	26 evidence presented during the hearing. In closed
1078	1078
1079	1079
1080	1080
1081	1081
1082	1082
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1084	1084
1085	1085
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1088	1088	1 conference, the Panel shall consider the hearing officer's
1089	1089	2 findings of fact, conclusions of law, and recommended
1090	1090	3 disposition and may deliberate on all evidence and
1091	1091	4 testimony received and may consider the weight and
1092	1092	5 credibility to be given to the evidence received. No new
1093	1093	6 or additional evidence may be presented to the Panel.
1094	1094	7 After concluding its deliberations, the Panel shall
1095	1095	8 convene in open session for its consideration of the
1096	1096	9 matter. If a simple majority of the Panel finds that no
1097	1097	10 allegations in the complaint supporting one or more
1098	1098	11 charges of misconduct are proven by clear and convincing
1099	1099	12 evidence, then the Panel shall recommend to the Board that
1100	1100	13 the complaint be dismissed. If a simple majority of the
1101	1101	14 Panel finds that the allegations in the complaint
1102	1102	15 supporting one or more charges of misconduct are proven by
1103	1103	16 clear and convincing evidence, then the Panel shall
1104	1104	17 recommend to the Board to decertify the officer. The Panel
1105	1105	18 shall prepare a summary report as soon as practicable
1106	1106	19 after the completion of the meeting including the
1107	1107	20 following: the hearing officer's findings of fact,
1108	1108	21 conclusions of law, recommended disposition, and the
1109	1109	22 Panel's order.
1110	1110	23 (9) Final action by the Board. After receiving the
1111	1111	24 Panel's recommendations and any objections by the law
1112	1112	25 enforcement officer, and after due consideration of the
1113	1113	26 Panel's recommendations, the Board, by majority vote,
1114	1114
1115	1115
1116	1116
1117	1117
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1120	1120
1121	1121
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1124	1124	1 shall issue a final decision to decertify the law
1125	1125	2 enforcement officer or take no action in regard to the law
1126	1126	3 enforcement officer. No new or additional evidence may be
1127	1127	4 presented to the Board. If the Board makes a final
1128	1128	5 decision contrary to the recommendations of the Panel, the
1129	1129	6 Board shall set forth in its final written decision the
1130	1130	7 specific written reasons for not following the Panel's
1131	1131	8 recommendations. A copy of the Board's final decision
1132	1132	9 shall be served upon the law enforcement officer by the
1133	1133	10 Board, either personally or as provided in this Act for
1134	1134	11 the service of a notice of hearing. A copy of the Board's
1135	1135	12 final decision also shall be delivered to the last
1136	1136	13 employing law enforcement agency, the complainant, and the
1137	1137	14 Panel.
1138	1138	15 (10) Reconsideration of the Board's Decision. Within
1139	1139	16 30 days after service of the Board's final decision, the
1140	1140	17 Panel or the law enforcement officer may file a written
1141	1141	18 motion for reconsideration with the Review Committee. The
1142	1142	19 motion for reconsideration shall specify the particular
1143	1143	20 grounds for reconsideration. The non-moving party may
1144	1144	21 respond to the motion for reconsideration. The Review
1145	1145	22 Committee shall only address the issues raised by the
1146	1146	23 parties.
1147	1147	24 The Review Committee may deny the motion for
1148	1148	25 reconsideration, or it may grant the motion in whole or in
1149	1149	26 part and issue a new final decision in the matter. The
1150	1150
1151	1151
1152	1152
1153	1153
1154	1154
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1156	1156
1157	1157
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1160	1160	1 Review Committee must notify the law enforcement officer
1161	1161	2 and their last employing law enforcement agency within 14
1162	1162	3 days of a denial and state the reasons for denial.
1163	1163	4 (i) This Section applies to conduct by a full-time or
1164	1164	5 part-time law enforcement officer in violation of subsection
1165	1165	6 (b) that occurred before, on, or after the effective date of
1166	1166	7 this amendatory Act of the 102nd General Assembly.
1167	1167	8 (j) Notwithstanding any provision of law to the contrary,
1168	1168	9 the changes made to this Section by this amendatory Act of the
1169	1169	10 102nd General Assembly and Public Act 101-652 take effect July
1170	1170	11 1, 2022.
1171	1171	12 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
1172	1172	13 (50 ILCS 705/6.7)
1173	1173	14 Sec. 6.7. Certification and decertification procedures
1174	1174	15 under Act exclusive. Notwithstanding any other law, the
1175	1175	16 certification and decertification procedures, including the
1176	1176	17 conduct of any investigation or hearing, under this Act are
1177	1177	18 the sole and exclusive procedures for certification as law
1178	1178	19 enforcement officers in Illinois and are not subject to
1179	1179	20 collective bargaining under the Illinois Public Labor
1180	1180	21 Relations Act or appealable except as set forth herein. The
1181	1181	22 provisions of any collective bargaining agreement adopted by a
1182	1182	23 law enforcement agency and covering the law enforcement
1183	1183	24 officer or officers under investigation shall be inapplicable
1184	1184	25 to any investigation or hearing conducted under this Act.
1185	1185
1186	1186
1187	1187
1188	1188
1189	1189
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1191	1191
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1195	1195	1 An individual has no property interest in law enforcement
1196	1196	2 certification at the time of initial certification or at any
1197	1197	3 time thereafter, including, but not limited to, after
1198	1198	4 decertification or after the officer's certification has been
1199	1199	5 deemed inactive. Nothing in this Act shall be construed to
1200	1200	6 create a requirement that a law enforcement agency shall
1201	1201	7 continue to employ a law enforcement officer who has been
1202	1202	8 decertified.
1203	1203	9 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
1204	1204
1205	1205
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