103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. LRB103 38096 AWJ 68228 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b A BILL FOR HB5217LRB103 38096 AWJ 68228 b HB5217 LRB103 38096 AWJ 68228 b HB5217 LRB103 38096 AWJ 68228 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Police Training Act is amended by 5 changing Sections 2, 3, 6.1, 6.3, 6.6, 6.7, 7, 8.1, 8.4, 9.2, 6 10.7, and 10.21 and by adding Section 7.9 as follows: 7 (50 ILCS 705/2) (from Ch. 85, par. 502) 8 Sec. 2. Definitions. As used in this Act, unless the 9 context otherwise requires: 10 "Board" means the Illinois Law Enforcement Training 11 Standards Board. 12 "Full-time law enforcement officer" means a law 13 enforcement officer who has completed the officer's 14 probationary period and is employed on a full-time basis as a 15 law enforcement officer by a local government agency, State 16 government agency, or as a campus police officer by a 17 university, college, or community college. 18 "Law Enforcement agency" means any entity with statutory 19 police powers and the ability to employ individuals authorized 20 to make arrests. It does not include the Illinois State Police 21 as defined in the State Police Act. A law enforcement agency 22 may include any university, college, or community college. 23 "Local law enforcement agency" means any law enforcement 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b A BILL FOR 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 LRB103 38096 AWJ 68228 b HB5217 LRB103 38096 AWJ 68228 b HB5217- 2 -LRB103 38096 AWJ 68228 b HB5217 - 2 - LRB103 38096 AWJ 68228 b HB5217 - 2 - LRB103 38096 AWJ 68228 b 1 unit of government or municipal corporation in this State. It 2 does not include the State of Illinois or any office, officer, 3 department, division, bureau, board, commission, or agency of 4 the State, except that it does include a State-controlled 5 university, college or public community college. 6 "State law enforcement agency" means any law enforcement 7 agency of this State. This includes any office, officer, 8 department, division, bureau, board, commission, or agency of 9 the State. It does not include the Illinois State Police as 10 defined in the State Police Act. 11 "Panel" means the Certification Review Panel. 12 "Basic training school" means any school located within 13 the State of Illinois whether privately or publicly owned 14 which offers a course in basic law enforcement or county 15 corrections training and has been approved by the Board. 16 "Probationary police officer" means a recruit law 17 enforcement officer required to successfully complete initial 18 minimum basic training requirements at a basic training school 19 to be eligible for permanent full-time employment as a local 20 law enforcement officer. "Probationary police officer" does 21 not include a lateral hire or a previously certified officer 22 reentering the profession seeking a training waiver. 23 "Probationary part-time police officer" means a recruit 24 part-time law enforcement officer required to successfully 25 complete initial minimum part-time training requirements to be 26 eligible for employment on a part-time basis as a local law HB5217 - 2 - LRB103 38096 AWJ 68228 b HB5217- 3 -LRB103 38096 AWJ 68228 b HB5217 - 3 - LRB103 38096 AWJ 68228 b HB5217 - 3 - LRB103 38096 AWJ 68228 b 1 enforcement officer. 2 "Permanent law enforcement officer" means a law 3 enforcement officer who has completed the officer's 4 probationary period and is permanently employed on a full-time 5 basis as a local law enforcement officer, as a security 6 officer, or campus police officer permanently employed by a 7 law enforcement agency. 8 "Part-time law enforcement officer" means a law 9 enforcement officer who has completed the officer's 10 probationary period and is employed on a part-time basis as a 11 law enforcement officer or as a campus police officer by a law 12 enforcement agency. 13 "Law enforcement officer" means (i) any police officer of 14 a law enforcement agency who is primarily responsible for 15 prevention or detection of crime and the enforcement of the 16 criminal code, traffic, or highway laws of this State or any 17 political subdivision of this State or (ii) any member of a 18 police force appointed and maintained as provided in Section 2 19 of the Railroad Police Act. 20 "Recruit" means any full-time or part-time law enforcement 21 officer or full-time county corrections officer who is 22 enrolled in an approved training course. 23 "Review Committee" means the committee at the Board for 24 certification disciplinary cases in which the Panel, a law 25 enforcement officer, or a law enforcement agency may file for 26 reconsideration of a decertification decision made by the HB5217 - 3 - LRB103 38096 AWJ 68228 b HB5217- 4 -LRB103 38096 AWJ 68228 b HB5217 - 4 - LRB103 38096 AWJ 68228 b HB5217 - 4 - LRB103 38096 AWJ 68228 b 1 Board. 2 "Probationary county corrections officer" means a recruit 3 county corrections officer required to successfully complete 4 initial minimum basic training requirements at a basic 5 training school to be eligible for permanent employment on a 6 full-time basis as a county corrections officer. 7 "Permanent county corrections officer" means a county 8 corrections officer who has completed the officer's 9 probationary period and is permanently employed on a full-time 10 basis as a county corrections officer by a participating law 11 enforcement agency. 12 "County corrections officer" means any sworn officer of 13 the sheriff who is primarily responsible for the control and 14 custody of offenders, detainees or inmates. 15 "Probationary court security officer" means a recruit 16 court security officer required to successfully complete 17 initial minimum basic training requirements at a designated 18 training school to be eligible for employment as a court 19 security officer. 20 "Permanent court security officer" means a court security 21 officer who has completed the officer's probationary period 22 and is employed as a court security officer by a participating 23 law enforcement agency. 24 "Court security officer" has the meaning ascribed to it in 25 Section 3-6012.1 of the Counties Code. 26 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) HB5217 - 4 - LRB103 38096 AWJ 68228 b HB5217- 5 -LRB103 38096 AWJ 68228 b HB5217 - 5 - LRB103 38096 AWJ 68228 b HB5217 - 5 - LRB103 38096 AWJ 68228 b 1 (50 ILCS 705/3) (from Ch. 85, par. 503) 2 Sec. 3. Board; composition; appointments; tenure; 3 vacancies. 4 (a) The Board shall be composed of 18 members selected as 5 follows: The Attorney General of the State of Illinois, the 6 Director of the Illinois State Police, the Director of 7 Corrections, the Superintendent of the Chicago Police 8 Department, the Sheriff of Cook County, the Clerk of the 9 Circuit Court of Cook County, who shall serve as ex officio 10 members, and the following to be appointed by the Governor: 2 11 mayors or village presidents of Illinois municipalities, 2 12 Illinois county sheriffs from counties other than Cook County, 13 2 managers of Illinois municipalities, 2 chiefs of municipal 14 police departments in Illinois having no Superintendent of the 15 Police Department on the Board, 2 certified law enforcement 16 officers who are employed as a law enforcement officer in a 17 position covered by a collective bargaining agreement citizens 18 of Illinois who shall be members of an organized enforcement 19 officers' association, one active member of a statewide 20 association representing sheriffs, and one active member of a 21 statewide association representing municipal police chiefs. 22 The appointments of the Governor shall be made on the first 23 Monday of August in 1965 with 3 of the appointments to be for a 24 period of one year, 3 for 2 years, and 3 for 3 years. Their 25 successors shall be appointed in like manner for terms to HB5217 - 5 - LRB103 38096 AWJ 68228 b HB5217- 6 -LRB103 38096 AWJ 68228 b HB5217 - 6 - LRB103 38096 AWJ 68228 b HB5217 - 6 - LRB103 38096 AWJ 68228 b 1 expire the first Monday of August each 3 years thereafter. All 2 members shall serve until their respective successors are 3 appointed and qualify. Vacancies shall be filled by the 4 Governor for the unexpired terms. Any ex officio member may 5 appoint a designee to the Board who shall have the same powers 6 and immunities otherwise conferred to the member of the Board, 7 including the power to vote and be counted toward quorum, so 8 long as the member is not in attendance. 9 (a-5) Within the Board is created a Review Committee. The 10 Review Committee shall review disciplinary cases in which the 11 Panel, the law enforcement officer, or the law enforcement 12 agency file for reconsideration of a decertification decision 13 made by the Board. The Review Committee shall be composed of 9 14 annually rotating members from the Board appointed by the 15 Board Chairman. One member of the Review Committee shall be 16 designated by the Board Chairman as the Chair. The Review 17 Committee shall sit in 3 member panels composed of one member 18 representing law enforcement management, one member 19 representing members of law enforcement, and one member who is 20 not a current or former member of law enforcement. 21 (b) When a Board member may have an actual, perceived, or 22 potential conflict of interest or appearance of bias that 23 could prevent the Board member from making a fair and 24 impartial decision regarding decertification: 25 (1) The Board member shall recuse himself or herself. 26 (2) If the Board member fails to recuse himself or HB5217 - 6 - LRB103 38096 AWJ 68228 b HB5217- 7 -LRB103 38096 AWJ 68228 b HB5217 - 7 - LRB103 38096 AWJ 68228 b HB5217 - 7 - LRB103 38096 AWJ 68228 b 1 herself, then the Board may, by a simple majority of the 2 remaining members, vote to recuse the Board member. Board 3 members who are found to have voted on a matter in which 4 they should have recused themselves may be removed from 5 the Board by the Governor. 6 A conflict of interest or appearance of bias may include, 7 but is not limited to, matters where one of the following is a 8 party to a decision on a decertification or formal complaint: 9 someone with whom the member has an employment relationship; 10 any of the following relatives: spouse, parents, children, 11 adopted children, legal wards, stepchildren, step parents, 12 step siblings, half siblings, siblings, parents-in-law, 13 siblings-in-law, children-in-law, aunts, uncles, nieces, and 14 nephews; a friend; or a member of a professional organization, 15 association, or a union in which the member now actively 16 serves. 17 (c) A vacancy in members does not prevent a quorum of the 18 remaining sitting members from exercising all rights and 19 performing all duties of the Board. 20 (d) An individual serving on the Board shall not also 21 serve on the Panel. 22 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 23 102-694, eff. 1-7-22.) 24 (50 ILCS 705/6.1) 25 Sec. 6.1. Automatic decertification of full-time and HB5217 - 7 - LRB103 38096 AWJ 68228 b HB5217- 8 -LRB103 38096 AWJ 68228 b HB5217 - 8 - LRB103 38096 AWJ 68228 b HB5217 - 8 - LRB103 38096 AWJ 68228 b 1 part-time law enforcement officers. 2 (a) The Board must review law enforcement officer conduct 3 and records to ensure that no law enforcement officer is 4 initially certified or provided a valid waiver if that law 5 enforcement officer has been convicted of, found guilty of, 6 entered a plea of guilty to, or entered a plea of nolo 7 contendere to, a felony offense under the laws of this State or 8 any other state which if committed in this State would be 9 punishable as a felony. The Board must also ensure that no law 10 enforcement officer is certified or provided a valid waiver if 11 that law enforcement officer has been convicted of, found 12 guilty of, or entered a plea of guilty to, on or after January 13 1, 2022 (the effective date of Public Act 101-652) and since 14 the time of the initial certification of any misdemeanor 15 specified in this Section or if committed in any other state 16 would be an offense similar to Section 11-1.50, 11-6, 11-6.5, 17 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 18 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 19 28-3, 29-1, any misdemeanor in violation of any Section of 20 Part E of Title III of the Criminal Code of 1961 or the 21 Criminal Code of 2012, or subsection (a) of Section 17-32 of 22 the Criminal Code of 1961 or the Criminal Code of 2012, or to 23 Section 5 or 5.2 of the Cannabis Control Act, or any felony or 24 misdemeanor in violation of federal law or the law of any state 25 that is the equivalent of any of the offenses specified 26 therein. The Board must appoint investigators to enforce the HB5217 - 8 - LRB103 38096 AWJ 68228 b HB5217- 9 -LRB103 38096 AWJ 68228 b HB5217 - 9 - LRB103 38096 AWJ 68228 b HB5217 - 9 - LRB103 38096 AWJ 68228 b 1 duties conferred upon the Board by this Act. 2 (a-1) For purposes of this Section, a person is "convicted 3 of, found guilty of or entered a plea of guilty to, or plea of 4 nolo contendere to, found guilty of" regardless of whether the 5 adjudication of guilt or sentence is withheld or not entered 6 thereon. This includes sentences of supervision, conditional 7 discharge, or first offender probation, or any similar 8 disposition provided for by law. This definition applies to 9 conduct that occurred after January 1, 2022. 10 (b) It is the responsibility of the sheriff or the chief 11 executive officer of every law enforcement agency or 12 department within this State to report to the Board any 13 arrest, conviction, finding of guilt, plea of guilty, or plea 14 of nolo contendere to, of any officer currently in the 15 sheriff's or the chief executive officer's employ for an 16 offense identified in this Section, regardless of whether the 17 adjudication of guilt or sentence is withheld or not entered 18 thereon, this includes sentences of supervision, conditional 19 discharge, or first offender probation if the conduct occurred 20 after January 1, 2022. 21 (c) It is the duty and responsibility of every full-time 22 and part-time law enforcement officer in this State to report 23 to the Board within 14 days, and the officer's sheriff or chief 24 executive officer, of the officer's arrest, conviction, found 25 guilty of, or plea of guilty for an offense identified in this 26 Section. Any full-time or part-time law enforcement officer HB5217 - 9 - LRB103 38096 AWJ 68228 b HB5217- 10 -LRB103 38096 AWJ 68228 b HB5217 - 10 - LRB103 38096 AWJ 68228 b HB5217 - 10 - LRB103 38096 AWJ 68228 b 1 who knowingly makes, submits, causes to be submitted, or files 2 a false or untruthful report to the Board must have the 3 officer's certificate or waiver immediately decertified or 4 revoked after a due process hearing before the Certification 5 Review Panel. 6 (d) Any person, or a local or State agency, or the Board is 7 immune from liability for submitting, disclosing, or releasing 8 information of arrests, convictions, or pleas of guilty in 9 this Section as long as the information is submitted, 10 disclosed, or released in good faith and without malice. The 11 Board has qualified immunity for the release of the 12 information. 13 (e) Any full-time or part-time law enforcement officer 14 with a certificate or waiver issued by the Board who is 15 convicted of, found guilty of, or entered a plea of guilty to, 16 or entered a plea of nolo contendere to any offense described 17 in this Section immediately becomes decertified or no longer 18 has a valid waiver. The decertification and invalidity of 19 waivers is subject to review by the Certification Review Panel 20 upon timely application occurs as a matter of law. Failure of a 21 convicted person to report to the Board the officer's 22 conviction as described in this Section or any continued law 23 enforcement practice after receiving a conviction will subject 24 the officer to an additional basis for decertification is a 25 Class 4 felony. 26 For purposes of this subsection Section, a person is HB5217 - 10 - LRB103 38096 AWJ 68228 b HB5217- 11 -LRB103 38096 AWJ 68228 b HB5217 - 11 - LRB103 38096 AWJ 68228 b HB5217 - 11 - LRB103 38096 AWJ 68228 b 1 considered to have been "convicted of, found guilty of, or 2 entered a plea of guilty to, or entered a plea of nolo 3 contendere to" regardless of whether the adjudication of guilt 4 or sentence is withheld or not entered thereon, including 5 sentences of supervision, conditional discharge, first 6 offender probation, or any similar disposition as provided for 7 by law if the conduct occurred after January 1, 2022. 8 (f) The Board's investigators shall be law enforcement 9 officers as defined in Section 2 of this Act. The Board shall 10 not waive the training requirement unless the investigator has 11 had a minimum of 5 years experience as a sworn officer of a 12 local, State, or federal law enforcement agency. An 13 investigator shall not have been terminated for good cause, 14 decertified, had his or her law enforcement license or 15 certificate revoked in this or any other jurisdiction, or been 16 convicted of any of the conduct listed in subsection (a). Any 17 complaint filed against the Board's investigators shall be 18 investigated by the Illinois State Police. 19 (g) The Board must request and receive information and 20 assistance from any federal, state, local, or private 21 enforcement agency as part of the authorized criminal 22 background investigation. The Illinois State Police must 23 process, retain, and additionally provide and disseminate 24 information to the Board concerning criminal charges, arrests, 25 convictions, and their disposition, that have been filed 26 against a basic academy applicant, law enforcement applicant, HB5217 - 11 - LRB103 38096 AWJ 68228 b HB5217- 12 -LRB103 38096 AWJ 68228 b HB5217 - 12 - LRB103 38096 AWJ 68228 b HB5217 - 12 - LRB103 38096 AWJ 68228 b 1 or law enforcement officer whose fingerprint identification 2 cards are on file or maintained by the Illinois State Police. 3 The Federal Bureau of Investigation must provide the Board any 4 criminal history record information contained in its files 5 pertaining to law enforcement officers or any applicant to a 6 Board certified basic law enforcement academy as described in 7 this Act based on fingerprint identification. The Board must 8 make payment of fees to the Illinois State Police for each 9 fingerprint card submission in conformance with the 10 requirements of paragraph 22 of Section 55a of the Civil 11 Administrative Code of Illinois. 12 (g-5) Notwithstanding any provision of law to the 13 contrary, the changes to this Section made by this amendatory 14 Act of the 102nd General Assembly and Public Act 101-652 shall 15 apply prospectively only from July 1, 2022. 16 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; 17 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.) 18 (50 ILCS 705/6.3) 19 Sec. 6.3. Discretionary decertification of full-time and 20 part-time law enforcement officers. 21 (a) Definitions. For purposes of this Section 6.3: 22 "Duty to intervene" means an obligation to intervene to 23 prevent harm from occurring that arises when: an officer is 24 present, and has reason to know (1) that excessive force is 25 being used or that any constitutional violation has been HB5217 - 12 - LRB103 38096 AWJ 68228 b HB5217- 13 -LRB103 38096 AWJ 68228 b HB5217 - 13 - LRB103 38096 AWJ 68228 b HB5217 - 13 - LRB103 38096 AWJ 68228 b 1 committed by a law enforcement official; and (2) the officer 2 has a realistic opportunity to intervene. This duty applies 3 equally to supervisory and nonsupervisory officers. If aid is 4 required, the officer shall not, when reasonable to administer 5 aid, knowingly and willingly refuse to render aid as defined 6 by State or federal law. An officer does not violate this duty 7 if the failure to render aid is due to circumstances such as 8 lack of appropriate specialized training, lack of resources or 9 equipment, or if it is unsafe or impracticable to render aid. 10 "Excessive use of force" means using force in violation of 11 State or federal law. 12 "False statement" means (1) any knowingly false statement 13 provided on a form or report, (2) that the writer does not 14 believe to be true, and (3) that the writer includes to mislead 15 a public servant in performing the public servant's official 16 functions. 17 "Perjury" means that as defined under Sections 32-2 and 18 32-3 of the Criminal Code of 2012. 19 "Tampers with or fabricates evidence" means if a law 20 enforcement officer (1) has reason to believe that an official 21 proceeding is pending or may be instituted, and (2) alters, 22 destroys, conceals, or removes any record, document, data, 23 video or thing to impair its validity or availability in the 24 proceeding. 25 (b) Decertification conduct. The Board has the authority 26 to decertify a full-time or a part-time law enforcement HB5217 - 13 - LRB103 38096 AWJ 68228 b HB5217- 14 -LRB103 38096 AWJ 68228 b HB5217 - 14 - LRB103 38096 AWJ 68228 b HB5217 - 14 - LRB103 38096 AWJ 68228 b 1 officer upon a determination by the Board that the law 2 enforcement officer has: 3 (1) committed an act that would constitute a felony or 4 misdemeanor which could serve as basis for automatic 5 decertification, whether or not the law enforcement 6 officer was criminally prosecuted, and whether or not the 7 law enforcement officer's employment was terminated; 8 (2) exercised excessive use of force; 9 (3) failed to comply with the officer's duty to 10 intervene, including through acts or omissions; 11 (4) with the intent to prevent apprehension of or 12 obstruct the prosecution or defense of any person, 13 knowingly and intentionally tampered with a dash camera or 14 body-worn camera or data recorded by a dash camera or 15 body-worn camera or directed another to tamper with or 16 turn off a dash camera or body-worn camera or data 17 recorded by a dash camera or body-worn camera for the 18 purpose of concealing, destroying or altering potential 19 evidence; 20 (5) engaged in the following conduct relating to the 21 reporting, investigation, or prosecution of a crime: 22 committed perjury, made a false statement, or knowingly 23 tampered with or fabricated evidence; and 24 (6) engaged in any unprofessional, unethical, 25 deceptive, or deleterious conduct or practice harmful to 26 the public; such conduct or practice need not have HB5217 - 14 - LRB103 38096 AWJ 68228 b HB5217- 15 -LRB103 38096 AWJ 68228 b HB5217 - 15 - LRB103 38096 AWJ 68228 b HB5217 - 15 - LRB103 38096 AWJ 68228 b 1 resulted in actual injury to any person. As used in this 2 paragraph, the term "unprofessional conduct" shall include 3 any departure from, or failure to conform to, the minimal 4 standards of acceptable and prevailing practice of an 5 officer. 6 (b-5) The Board has the authority to decertify a full-time 7 or part-time law enforcement officer notwithstanding whether a 8 law enforcement agency takes disciplinary action against a law 9 enforcement officer for the same underlying conduct as 10 outlined in subsection (b). 11 (c) Notice of Alleged Violation. 12 (1) The following individuals and agencies shall 13 notify the Board within 7 days of becoming aware of any 14 violation described in subsection (b): 15 (A) A law enforcement agency as defined in Section 16 2 or any law enforcement officer of this State. For 17 this subsection (c), law enforcement agency includes, 18 but is not limited to, a civilian review board, an 19 inspector general, and legal counsel for a law 20 enforcement agency. 21 (B) The Executive Director of the Board; 22 (C) A State's Attorney's Office of this State. 23 "Becoming aware" does not include confidential 24 communications between agency lawyers and agencies 25 regarding legal advice. For purposes of this subsection, 26 "law enforcement agency" does not include the Illinois HB5217 - 15 - LRB103 38096 AWJ 68228 b HB5217- 16 -LRB103 38096 AWJ 68228 b HB5217 - 16 - LRB103 38096 AWJ 68228 b HB5217 - 16 - LRB103 38096 AWJ 68228 b 1 Attorney General when providing legal representation to a 2 law enforcement officer under the State Employee 3 Indemnification Act. 4 (2) Any person may also notify the Board of any 5 conduct the person believes a law enforcement officer has 6 committed as described in subsection (b). Such 7 notifications may be made confidentially. Notwithstanding 8 any other provision in state law or any collective 9 bargaining agreement, the Board shall accept notice and 10 investigate any allegations from individuals who remain 11 confidential. 12 (3) Upon written request, the Board shall disclose to 13 the individual or entity who filed a notice of violation 14 the status of the Board's review. 15 (d) Form. The notice of violation reported under 16 subsection (c) shall be on a form prescribed by the Board in 17 its rules. The form shall be publicly available by paper and 18 electronic means. The form shall include fields for the 19 following information, at a minimum: 20 (1) the full name, address, and telephone number of 21 the person submitting the notice; 22 (2) if submitted under subsection (c)(1), the agency 23 name and title of the person submitting the notice; 24 (3) the full name, badge number, employing agency, and 25 physical description of the officer, if known; 26 (4) the full name or names, address or addresses, HB5217 - 16 - LRB103 38096 AWJ 68228 b HB5217- 17 -LRB103 38096 AWJ 68228 b HB5217 - 17 - LRB103 38096 AWJ 68228 b HB5217 - 17 - LRB103 38096 AWJ 68228 b 1 telephone number or numbers, and physical description or 2 descriptions of any witnesses, if known; 3 (5) a concise statement of facts that describe the 4 alleged violation and any copies of supporting evidence 5 including but not limited to any photographic, video, or 6 audio recordings of the incident; 7 (6) whether the person submitting the notice has 8 notified any other agency; and 9 (7) an option for an individual, who submits directly 10 to the Board, to consent to have the individual's identity 11 disclosed. The identity of any individual providing 12 information or reporting any possible or alleged violation 13 to the Board shall be kept confidential and may not be 14 disclosed without the consent of that individual, unless 15 the individual consents to disclosure of the individual's 16 name or disclosure of the individual's identity is 17 otherwise required by law. The confidentiality granted by 18 this subsection does not preclude the disclosure of the 19 identity of a person in any capacity other than as the 20 source of an allegation. 21 Nothing in this subsection (d) shall preclude the Board 22 from receiving, investigating, or acting upon allegations made 23 confidentially or in a format different from the form provided 24 for in this subsection. 25 (e) Preliminary review. 26 (1) The Board shall complete a preliminary review of HB5217 - 17 - LRB103 38096 AWJ 68228 b HB5217- 18 -LRB103 38096 AWJ 68228 b HB5217 - 18 - LRB103 38096 AWJ 68228 b HB5217 - 18 - LRB103 38096 AWJ 68228 b 1 the allegations to determine whether there is sufficient 2 information to warrant a further investigation of any 3 violations of the Act. Upon initiating a preliminary 4 review of the allegations, the Board shall notify the head 5 of the law enforcement agency that employs the law 6 enforcement officer who is the subject of the allegations. 7 At the request of the Board, the law enforcement agency 8 must submit any copies of investigative findings, 9 evidence, or documentation to the Board in accordance with 10 rules adopted by the Board to facilitate the Board's 11 preliminary review. The Board may correspond with the law 12 enforcement agency, official records clerks or any 13 investigative agencies in conducting its preliminary 14 review. 15 (2) During the preliminary review, the Board will take 16 all reasonable steps to discover any and all objective 17 verifiable evidence relevant to the alleged violation 18 through the identification, retention, review, and 19 analysis of all currently available evidence, including, 20 but not limited to: all time-sensitive evidence, audio and 21 video evidence, physical evidence, arrest reports, 22 photographic evidence, GPS records, computer data, lab 23 reports, medical documents, and witness interviews. All 24 reasonable steps will be taken to preserve relevant 25 evidence identified during the preliminary investigation. 26 (3) If after a preliminary review of the alleged HB5217 - 18 - LRB103 38096 AWJ 68228 b HB5217- 19 -LRB103 38096 AWJ 68228 b HB5217 - 19 - LRB103 38096 AWJ 68228 b HB5217 - 19 - LRB103 38096 AWJ 68228 b 1 violation or violations, the Board believes there is 2 sufficient information to warrant further investigation of 3 any violations of this Act, the alleged violation or 4 violations shall be assigned for investigation in 5 accordance with subsection (f). 6 (4) If after a review of the allegations, the Board 7 believes there is insufficient information supporting the 8 allegations to warrant further investigation, it may close 9 a notice. Notification of the Board's decision to close a 10 notice shall be sent to all relevant individuals, 11 agencies, and any entities that received notice of the 12 violation under subsection (c) within 30 days of the 13 notice being closed, except in cases where the notice is 14 submitted anonymously if the complainant is unknown. 15 (5) Except when the Board has received notice under 16 subparagraph (A) of paragraph (1) of subsection (c), no 17 later than 30 days after receiving notice, the Board shall 18 report any notice of violation it receives to the relevant 19 law enforcement agency, unless reporting the notice would 20 jeopardize any subsequent investigation. The Board shall 21 also record any notice of violation it receives to the 22 Officer Professional Conduct Database in accordance with 23 Section 9.2. The Board shall report to the appropriate 24 State's Attorney any alleged violations that contain 25 allegations, claims, or factual assertions that, if true, 26 would constitute a violation of Illinois law. The Board HB5217 - 19 - LRB103 38096 AWJ 68228 b HB5217- 20 -LRB103 38096 AWJ 68228 b HB5217 - 20 - LRB103 38096 AWJ 68228 b HB5217 - 20 - LRB103 38096 AWJ 68228 b 1 shall inform the law enforcement officer via certified 2 mail that it has received a notice of violation against 3 the law enforcement officer. 4 If the Board determines that due to the circumstances 5 and the nature of the allegation that it would not be 6 prudent to notify the law enforcement officer and the 7 officer's law enforcement agency unless and until the 8 filing of a Formal Complaint, the Board shall document in 9 the file the reason or reasons a notification was not 10 made. 11 (6) If the law enforcement officer is involved in a 12 criminal proceeding on the same subject as the notice of 13 violation, the Board is responsible for maintaining a 14 current status report including court dates, hearings, 15 pleas, adjudication status and sentencing. A State's 16 Attorney's Office must notify the Board of any criminal 17 charges filed against a law enforcement officer, and must 18 provide updates of significant developments to the Board 19 in a timely manner but no later than 30 days after such 20 developments. 21 (f) Investigations; requirements. Investigations are to be 22 assigned after a preliminary review, unless the investigations 23 were closed under paragraph (4) of subsection (e), as follows 24 in paragraphs (1), (2), and (3) of this subsection (f). 25 (1) A law enforcement agency that submits a notice of 26 violation to the Board under subparagraph (A) of paragraph HB5217 - 20 - LRB103 38096 AWJ 68228 b HB5217- 21 -LRB103 38096 AWJ 68228 b HB5217 - 21 - LRB103 38096 AWJ 68228 b HB5217 - 21 - LRB103 38096 AWJ 68228 b 1 (1) of subsection (c) shall be responsible for conducting 2 an investigation of the underlying allegations except 3 when: (i) the law enforcement agency refers the notice to 4 another law enforcement agency or the Board for 5 investigation and such other agency or the Board agrees to 6 conduct the investigation; (ii) an external, independent, 7 or civilian oversight agency conducts the investigation in 8 accordance with local ordinance or other applicable law; 9 or (iii) the Board has determined that it will conduct the 10 investigation based upon the facts and circumstances of 11 the alleged violation, including but not limited to, 12 investigations regarding the Chief or Sheriff of a law 13 enforcement agency, familial conflict of interests, 14 complaints involving a substantial portion of a law 15 enforcement agency, or complaints involving a policy of a 16 law enforcement agency. Any agency or entity conducting an 17 investigation under this paragraph (1) shall submit 18 quarterly reports to the Board regarding the progress of 19 the investigation. The quarterly report shall be reviewed 20 by the individual or individuals at the Board who 21 conducted the preliminary review, if available. 22 Any agency or entity conducting an investigation under 23 this paragraph (1) shall, within 7 days of completing an 24 investigation, deliver an Investigative Summary Report and 25 copies of any administrative evidence to the Board. If the 26 Board finds an investigation conducted under this HB5217 - 21 - LRB103 38096 AWJ 68228 b HB5217- 22 -LRB103 38096 AWJ 68228 b HB5217 - 22 - LRB103 38096 AWJ 68228 b HB5217 - 22 - LRB103 38096 AWJ 68228 b 1 paragraph (1) is incomplete, unsatisfactory, or deficient 2 in any way, the Board may direct the investigating entity 3 or agency to take any additional investigative steps 4 deemed necessary to thoroughly and satisfactorily complete 5 the investigation, or the Board may take any steps 6 necessary to complete the investigation. The investigating 7 entity or agency or, when necessary, the Board will then 8 amend and re-submit the Investigative Summary Report to 9 the Board for approval. 10 The Board shall submit a report to the investigating 11 entity disclosing the name, address, and telephone numbers 12 of persons who have knowledge of facts which are the 13 subject of the investigation and identifying the subject 14 matter of their knowledge. 15 (2) The Board shall investigate and complete an 16 Investigative Summary Report when a State's Attorney's 17 Office submits a notice of violation to the Board under 18 (c)(1)(C). 19 (3) When a person submits a notice to the Board under 20 paragraph (2) of subsection (c), The Board shall assign 21 the investigation to the law enforcement agency that 22 employs the law enforcement officer, except when: (i) the 23 law enforcement agency requests to refer the notice to 24 another law enforcement agency or the Board for 25 investigation and such other agency or the Board agrees to 26 conduct the investigation; (ii) an external, independent, HB5217 - 22 - LRB103 38096 AWJ 68228 b HB5217- 23 -LRB103 38096 AWJ 68228 b HB5217 - 23 - LRB103 38096 AWJ 68228 b HB5217 - 23 - LRB103 38096 AWJ 68228 b 1 or civilian oversight agency conducts the investigation in 2 accordance with local ordinance or other applicable law; 3 or (iii) the Board has determined that it will conduct the 4 investigation based upon the facts and circumstances of 5 the alleged violation, including but not limited to, 6 investigations regarding the Chief or Sheriff of a law 7 enforcement agency, familial conflict of interests, 8 complaints involving a substantial portion of a law 9 enforcement agency, or complaints involving a policy of a 10 law enforcement agency. 11 The investigating entity or agency shall submit 12 quarterly reports to the Board regarding the progress of 13 the investigation in a form to be determined by the Board. 14 The quarterly report shall be reviewed by the individual 15 at the Board who conducted the preliminary review, if 16 available. 17 The investigating entity or agency shall, within 7 days of 18 completing an investigation, deliver an Investigative 19 Summary Report and copies of any evidence to the Board. If 20 the Board finds an investigation conducted under this 21 subsection (f)(3) is incomplete, unsatisfactory, or 22 deficient in any way, the Board may direct the 23 investigating entity to take any additional investigative 24 steps deemed necessary to thoroughly and satisfactorily 25 complete the investigation, or the Board may take any 26 steps necessary to complete the investigation. The HB5217 - 23 - LRB103 38096 AWJ 68228 b HB5217- 24 -LRB103 38096 AWJ 68228 b HB5217 - 24 - LRB103 38096 AWJ 68228 b HB5217 - 24 - LRB103 38096 AWJ 68228 b 1 investigating entity or agency or, when necessary, the 2 Board will then amend and re-submit the Investigative 3 Summary Report to the Board for approval. The 4 investigating entity shall cooperate with and assist the 5 Board, as necessary, in any subsequent investigation. 6 (4) Concurrent Investigations. The Board may, at any 7 point, initiate a concurrent investigation under this 8 section. The original investigating entity shall timely 9 communicate, coordinate, and cooperate with the Board to 10 the fullest extent. The Board shall promulgate rules that 11 shall address, at a minimum, the sharing of information 12 and investigative means such as subpoenas and interviewing 13 witnesses. 14 (5) Investigative Summary Report. An Investigative 15 Summary Report shall contain, at a minimum, the 16 allegations and elements within each allegation followed 17 by the testimonial, documentary, or physical evidence that 18 is relevant to each such allegation or element listed and 19 discussed in association with it. All persons who have 20 been interviewed and listed in the Investigative Summary 21 Report will be identified as a complainant, witness, 22 person with specialized knowledge, or law enforcement 23 employee. 24 (6) Each law enforcement agency shall adopt a written 25 policy regarding the investigation of conduct under 26 subsection (a) that involves a law enforcement officer HB5217 - 24 - LRB103 38096 AWJ 68228 b HB5217- 25 -LRB103 38096 AWJ 68228 b HB5217 - 25 - LRB103 38096 AWJ 68228 b HB5217 - 25 - LRB103 38096 AWJ 68228 b 1 employed by that law enforcement agency. The written 2 policy adopted must include the following, at a minimum: 3 (a) Each law enforcement officer shall immediately 4 report any conduct under subsection (b) to the 5 appropriate supervising officer. 6 (b) The written policy under this Section shall be 7 available for inspection and copying under the Freedom 8 of Information Act, and not subject to any exemption 9 of that Act. 10 (7) Nothing in this Act shall prohibit a law 11 enforcement agency from conducting an investigation for 12 the purpose of internal discipline. However, any such 13 investigation shall be conducted in a manner that avoids 14 interference with, and preserves the integrity of, any 15 separate investigation by the Board being conducted. 16 (g) Formal complaints. Upon receipt of an Investigative 17 Summary Report, the Board shall review the Report and any 18 relevant evidence obtained and determine whether there is 19 reasonable basis to believe that the law enforcement officer 20 committed any conduct that would be deemed a violation of this 21 Act. If after reviewing the Report and any other relevant 22 evidence obtained, the Board determines that a reasonable 23 basis does exist, the Board shall file a formal complaint with 24 the Certification Review Panel. 25 (h) Formal Complaint Hearing. 26 (1) Upon issuance of a formal complaint, the Panel HB5217 - 25 - LRB103 38096 AWJ 68228 b HB5217- 26 -LRB103 38096 AWJ 68228 b HB5217 - 26 - LRB103 38096 AWJ 68228 b HB5217 - 26 - LRB103 38096 AWJ 68228 b 1 shall set the matter for an initial hearing in front of an 2 administrative law judge. At least 30 days before the date 3 set for an initial hearing, the Panel must, in writing, 4 notify the law enforcement officer subject to the 5 complaint of the following: 6 (i) the allegations against the law enforcement 7 officer, the time and place for the hearing, and 8 whether the law enforcement officer's certification 9 has been temporarily suspended under Section 8.3; 10 (ii) the right to file a written answer to the 11 complaint with the Panel within 30 days after service 12 of the notice; 13 (iii) if the law enforcement officer fails to 14 comply with the notice of the default order in 15 paragraph (2), the Panel shall enter a default order 16 against the law enforcement officer along with a 17 finding that the allegations in the complaint are 18 deemed admitted, and that the law enforcement 19 officer's certification may be revoked as a result; 20 and 21 (iv) the law enforcement officer may request an 22 informal conference to surrender the officer's 23 certification. 24 (2) The Board shall send the law enforcement officer 25 notice of the default order. The notice shall state that 26 the officer has 30 days to notify the Board in writing of HB5217 - 26 - LRB103 38096 AWJ 68228 b HB5217- 27 -LRB103 38096 AWJ 68228 b HB5217 - 27 - LRB103 38096 AWJ 68228 b HB5217 - 27 - LRB103 38096 AWJ 68228 b 1 their desire to have the order vacated and to appear 2 before the Board. If the law enforcement officer does not 3 notify the Board within 30 days, the Board may set the 4 matter for hearing. If the matter is set for hearing, the 5 Board shall send the law enforcement officer the notice of 6 the date, time and location of the hearing. If the law 7 enforcement officer or counsel for the officer does 8 appear, at the Board's discretion, the hearing may proceed 9 or may be continued to a date and time agreed upon by all 10 parties. If on the date of the hearing, neither the law 11 enforcement officer nor counsel for the officer appears, 12 the Board may proceed with the hearing for default in 13 their absence. 14 (3) If the law enforcement officer fails to comply 15 with paragraph (2), all of the allegations contained in 16 the complaint shall be deemed admitted and the law 17 enforcement officer shall be decertified if, by a majority 18 vote of the panel, the conduct charged in the complaint is 19 found to constitute sufficient grounds for decertification 20 under this Act. Notice of the decertification decision may 21 be served by personal delivery, by mail, or, at the 22 discretion of the Board, by electronic means as adopted by 23 rule to the address or email address specified by the law 24 enforcement officer in the officer's last communication 25 with the Board. Notice shall also be provided to the law 26 enforcement officer's employing law enforcement agency. HB5217 - 27 - LRB103 38096 AWJ 68228 b HB5217- 28 -LRB103 38096 AWJ 68228 b HB5217 - 28 - LRB103 38096 AWJ 68228 b HB5217 - 28 - LRB103 38096 AWJ 68228 b 1 (4) The Board, at the request of the law enforcement 2 officer subject to the Formal Complaint, may suspend a 3 hearing on a Formal Complaint for no more than one year if 4 a concurrent criminal matter is pending. If the law 5 enforcement officer requests to have the hearing 6 suspended, the law enforcement officer's certification 7 shall be deemed inactive until the law enforcement 8 officer's Formal Complaint hearing concludes. The Board or 9 the law enforcement officer may request to have the 10 hearing suspended for up to 6 additional months for good 11 cause. This request may be renewed. For purposes of this 12 paragraph (4), "good cause" means an incident or 13 occurrence that is beyond the control of the requester and 14 that prevents the hearing from occurring, or holding the 15 hearing would impose an undue hardship or prejudice on the 16 requester. 17 (5) Surrender of certification or waiver. Upon the 18 Board's issuance of a complaint, and prior to hearing on 19 the matter, a law enforcement officer may choose to 20 surrender the officer's certification or waiver by 21 notifying the Board in writing of the officer's decision 22 to do so. Upon receipt of such notification from the law 23 enforcement officer, the Board shall immediately decertify 24 the officer, or revoke any waiver previously granted. In 25 the case of a surrender of certification or waiver, the 26 Board's proceeding shall terminate. HB5217 - 28 - LRB103 38096 AWJ 68228 b HB5217- 29 -LRB103 38096 AWJ 68228 b HB5217 - 29 - LRB103 38096 AWJ 68228 b HB5217 - 29 - LRB103 38096 AWJ 68228 b 1 (6) Appointment of administrative law judges. The 2 Board shall retain any attorney licensed to practice law 3 in the State of Illinois to serve as an administrative law 4 judge in any action involving a law enforcement officer 5 under this Act. The administrative law judge shall be 6 retained to a term of no greater than 4 years. If more than 7 one judge is retained, the terms shall be staggered. The 8 administrative law judge has full authority to conduct the 9 hearings. 10 Administrative law judges will receive initial and 11 annual training that is adequate in quality, quantity, 12 scope, and type, and will cover, at minimum the following 13 topics: 14 (i) constitutional and other relevant law on 15 police-community encounters, including the law on the 16 use of force and stops, searches, and arrests; 17 (ii) police tactics; 18 (iii) investigations of police conduct; 19 (iv) impartial policing; 20 (v) policing individuals in crisis; 21 (vi) Illinois police policies, procedures, and 22 disciplinary rules; 23 (vii) procedural justice; and 24 (viii) community outreach. 25 The Board shall determine the content and extent of 26 the training within the scope provided for by this HB5217 - 29 - LRB103 38096 AWJ 68228 b HB5217- 30 -LRB103 38096 AWJ 68228 b HB5217 - 30 - LRB103 38096 AWJ 68228 b HB5217 - 30 - LRB103 38096 AWJ 68228 b 1 subsection. 2 (7) Hearing. At the hearing, the administrative law 3 judge will hear the allegations alleged in the complaint. 4 The law enforcement officer, the counsel of the officer's 5 choosing, and the Board, or the officer's counsel, shall 6 be afforded the opportunity to present any pertinent 7 statements, testimony, evidence, and arguments. The law 8 enforcement officer shall be afforded the opportunity to 9 request that the Board compel the attendance of witnesses 10 and production of related documents. After the conclusion 11 of the hearing, the administrative law judge shall report 12 any findings of fact, conclusions of law, and recommended 13 disposition to the Panel. If the law enforcement officer 14 objects to any procedural or substantive legal portion of 15 the report, the officer may do so by written brief filed 16 with the Panel within 14 days after receipt of the report. 17 The Panel may grant reasonable extensions for good cause 18 shown or when mutually agreed upon by the parties. 19 No later than 28 days before the hearing, a party 20 shall disclose the following: 21 (i) The name and, if known, the address and 22 telephone number of each individual likely to have 23 information relevant to the hearing that the 24 disclosing party may use to support its claims or 25 defenses. This includes, but is not limited to, any 26 name that has previously been held as confidential by HB5217 - 30 - LRB103 38096 AWJ 68228 b HB5217- 31 -LRB103 38096 AWJ 68228 b HB5217 - 31 - LRB103 38096 AWJ 68228 b HB5217 - 31 - LRB103 38096 AWJ 68228 b 1 the Board. 2 (ii) A copy of any documents and videos that are in 3 the possession, custody, or control of the party, and 4 that the disclosing party may use to support its 5 claims or defenses. 6 (8) Certification Review Meeting. Upon receipt of the 7 administrative law judge's findings of fact, conclusions 8 of law, and recommended disposition, and any submitted 9 objections from the law enforcement officer, the Panel 10 shall call for a certification review meeting. 11 In such a meeting, the Panel may adjourn into a closed 12 conference for the purposes of deliberating on the 13 evidence presented during the hearing. In closed 14 conference, the Panel shall consider the hearing officer's 15 findings of fact, conclusions of law, and recommended 16 disposition and may deliberate on all evidence and 17 testimony received and may consider the weight and 18 credibility to be given to the evidence received. No new 19 or additional evidence may be presented to the Panel. 20 After concluding its deliberations, the Panel shall 21 convene in open session for its consideration of the 22 matter. If a simple majority of the Panel finds that no 23 allegations in the complaint supporting one or more 24 charges of misconduct are proven by clear and convincing 25 evidence, then the Panel shall recommend to the Board that 26 the complaint be dismissed. If a simple majority of the HB5217 - 31 - LRB103 38096 AWJ 68228 b HB5217- 32 -LRB103 38096 AWJ 68228 b HB5217 - 32 - LRB103 38096 AWJ 68228 b HB5217 - 32 - LRB103 38096 AWJ 68228 b 1 Panel finds that the allegations in the complaint 2 supporting one or more charges of misconduct are proven by 3 clear and convincing evidence, then the Panel shall 4 recommend to the Board to decertify the officer. The Panel 5 shall prepare a summary report as soon as practicable 6 after the completion of the meeting including the 7 following: the hearing officer's findings of fact, 8 conclusions of law, recommended disposition, and the 9 Panel's order. 10 (9) Final action by the Board. After receiving the 11 Panel's recommendations and any objections by the law 12 enforcement officer, and after due consideration of the 13 Panel's recommendations, the Board, by majority vote, 14 shall issue a final decision to decertify the law 15 enforcement officer or take no action in regard to the law 16 enforcement officer. No new or additional evidence may be 17 presented to the Board. If the Board makes a final 18 decision contrary to the recommendations of the Panel, the 19 Board shall set forth in its final written decision the 20 specific written reasons for not following the Panel's 21 recommendations. A copy of the Board's final decision 22 shall be served upon the law enforcement officer by the 23 Board, either personally or as provided in this Act for 24 the service of a notice of hearing. A copy of the Board's 25 final decision also shall be delivered to the last 26 employing law enforcement agency, the complainant, and the HB5217 - 32 - LRB103 38096 AWJ 68228 b HB5217- 33 -LRB103 38096 AWJ 68228 b HB5217 - 33 - LRB103 38096 AWJ 68228 b HB5217 - 33 - LRB103 38096 AWJ 68228 b 1 Panel. 2 (10) Reconsideration of the Board's Decision. Within 3 30 days after service of the Board's final decision, the 4 Panel or the law enforcement officer may file a written 5 motion for reconsideration with the Review Committee. The 6 motion for reconsideration shall specify the particular 7 grounds for reconsideration. The non-moving party may 8 respond to the motion for reconsideration. The Review 9 Committee shall only address the issues raised by the 10 parties. 11 The Review Committee may deny the motion for 12 reconsideration, or it may grant the motion in whole or in 13 part and issue a new final decision in the matter. The 14 Review Committee must notify the law enforcement officer 15 and their last employing law enforcement agency within 14 16 days of a denial and state the reasons for denial. 17 (i) This Section applies to conduct by a full-time or 18 part-time law enforcement officer in violation of subsection 19 (b) that occurred before, on, or after the effective date of 20 this amendatory Act of the 102nd General Assembly. 21 (j) Notwithstanding any provision of law to the contrary, 22 the changes made to this Section by this amendatory Act of the 23 102nd General Assembly and Public Act 101-652 take effect July 24 1, 2022. 25 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) HB5217 - 33 - LRB103 38096 AWJ 68228 b HB5217- 34 -LRB103 38096 AWJ 68228 b HB5217 - 34 - LRB103 38096 AWJ 68228 b HB5217 - 34 - LRB103 38096 AWJ 68228 b 1 (50 ILCS 705/6.6) 2 Sec. 6.6. Administrative Review Law; application. 3 (a) All final administrative decisions by the Board or any 4 committee, including the Certification Review Panel, regarding 5 review of waivers of appeals or discretionary decertification 6 of the Board are subject to judicial review under the 7 Administrative Review Law and its rules. The term 8 "administrative decision" is defined in Section 3-101 of the 9 Code of Civil Procedure. 10 (b) Proceedings for judicial review shall be commenced in 11 Sangamon County or Cook County. 12 (Source: P.A. 101-652, eff. 1-1-22.) 13 (50 ILCS 705/6.7) 14 Sec. 6.7. Certification and decertification procedures 15 under Act exclusive. Notwithstanding any other law, the 16 certification and decertification procedures, including the 17 conduct of any investigation or hearing, under this Act are 18 the sole and exclusive procedures for certification as law 19 enforcement officers in Illinois and are not subject to 20 collective bargaining under the Illinois Public Labor 21 Relations Act or appealable except as set forth herein. The 22 provisions of any collective bargaining agreement adopted by a 23 law enforcement agency and covering the law enforcement 24 officer or officers under investigation shall be inapplicable 25 to any investigation or hearing conducted under this Act. HB5217 - 34 - LRB103 38096 AWJ 68228 b HB5217- 35 -LRB103 38096 AWJ 68228 b HB5217 - 35 - LRB103 38096 AWJ 68228 b HB5217 - 35 - LRB103 38096 AWJ 68228 b 1 An individual has no property interest in law enforcement 2 certification at the time of initial certification or at any 3 time thereafter, including, but not limited to, after 4 decertification or after the officer's certification has been 5 deemed inactive. However, before taking any action to 6 decertify an officer, whether automatic decertification, 7 discretionary decertification, or lateral hire, the Board must 8 provide the officer with notice and an opportunity to be heard 9 by the Certification Review Panel, if requested. Nothing in 10 this Act shall be construed to create a requirement that a law 11 enforcement agency shall continue to employ a law enforcement 12 officer who has been decertified. 13 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) 14 (50 ILCS 705/7) 15 Sec. 7. Rules and standards for schools. The Board shall 16 adopt rules and minimum standards for such schools which shall 17 include, but not be limited to, the following: 18 a. The curriculum for probationary law enforcement 19 officers which shall be offered by all certified schools 20 shall include, but not be limited to, courses of 21 procedural justice, arrest and use and control tactics, 22 search and seizure, including temporary questioning, civil 23 rights, human rights, human relations, cultural 24 competency, including implicit bias and racial and ethnic 25 sensitivity, criminal law, law of criminal procedure, HB5217 - 35 - LRB103 38096 AWJ 68228 b HB5217- 36 -LRB103 38096 AWJ 68228 b HB5217 - 36 - LRB103 38096 AWJ 68228 b HB5217 - 36 - LRB103 38096 AWJ 68228 b 1 constitutional and proper use of law enforcement 2 authority, crisis intervention training, vehicle and 3 traffic law including uniform and non-discriminatory 4 enforcement of the Illinois Vehicle Code, traffic control 5 and crash investigation, techniques of obtaining physical 6 evidence, court testimonies, statements, reports, firearms 7 training, training in the use of electronic control 8 devices, including the psychological and physiological 9 effects of the use of those devices on humans, first-aid 10 (including cardiopulmonary resuscitation), training in the 11 administration of opioid antagonists as defined in 12 paragraph (1) of subsection (e) of Section 5-23 of the 13 Substance Use Disorder Act, handling of juvenile 14 offenders, recognition of mental conditions and crises, 15 including, but not limited to, the disease of addiction, 16 which require immediate assistance and response and 17 methods to safeguard and provide assistance to a person in 18 need of mental treatment, recognition of abuse, neglect, 19 financial exploitation, and self-neglect of adults with 20 disabilities and older adults, as defined in Section 2 of 21 the Adult Protective Services Act, crimes against the 22 elderly, law of evidence, the hazards of high-speed police 23 vehicle chases with an emphasis on alternatives to the 24 high-speed chase, and physical training. The curriculum 25 shall include specific training in techniques for 26 immediate response to and investigation of cases of HB5217 - 36 - LRB103 38096 AWJ 68228 b HB5217- 37 -LRB103 38096 AWJ 68228 b HB5217 - 37 - LRB103 38096 AWJ 68228 b HB5217 - 37 - LRB103 38096 AWJ 68228 b 1 domestic violence and of sexual assault of adults and 2 children, including cultural perceptions and common myths 3 of sexual assault and sexual abuse as well as interview 4 techniques that are age sensitive and are trauma informed, 5 victim centered, and victim sensitive. The curriculum 6 shall include training in techniques designed to promote 7 effective communication at the initial contact with crime 8 victims and ways to comprehensively explain to victims and 9 witnesses their rights under the Rights of Crime Victims 10 and Witnesses Act and the Crime Victims Compensation Act. 11 The curriculum shall also include training in effective 12 recognition of and responses to stress, trauma, and 13 post-traumatic stress experienced by law enforcement 14 officers that is consistent with Section 25 of the 15 Illinois Mental Health First Aid Training Act in a peer 16 setting, including recognizing signs and symptoms of 17 work-related cumulative stress, issues that may lead to 18 suicide, and solutions for intervention with peer support 19 resources. The curriculum shall include a block of 20 instruction addressing the mandatory reporting 21 requirements under the Abused and Neglected Child 22 Reporting Act. The curriculum shall also include a block 23 of instruction aimed at identifying and interacting with 24 persons with autism and other developmental or physical 25 disabilities, reducing barriers to reporting crimes 26 against persons with autism, and addressing the unique HB5217 - 37 - LRB103 38096 AWJ 68228 b HB5217- 38 -LRB103 38096 AWJ 68228 b HB5217 - 38 - LRB103 38096 AWJ 68228 b HB5217 - 38 - LRB103 38096 AWJ 68228 b 1 challenges presented by cases involving victims or 2 witnesses with autism and other developmental 3 disabilities. The curriculum shall include training in the 4 detection and investigation of all forms of human 5 trafficking. The curriculum shall also include instruction 6 in trauma-informed responses designed to ensure the 7 physical safety and well-being of a child of an arrested 8 parent or immediate family member; this instruction must 9 include, but is not limited to: (1) understanding the 10 trauma experienced by the child while maintaining the 11 integrity of the arrest and safety of officers, suspects, 12 and other involved individuals; (2) de-escalation tactics 13 that would include the use of force when reasonably 14 necessary; and (3) inquiring whether a child will require 15 supervision and care. The curriculum for probationary law 16 enforcement officers shall include: (1) at least 12 hours 17 of hands-on, scenario-based role-playing; (2) at least 6 18 hours of instruction on use of force techniques, including 19 the use of de-escalation techniques to prevent or reduce 20 the need for force whenever safe and feasible; (3) 21 specific training on officer safety techniques, including 22 cover, concealment, and time; and (4) at least 6 hours of 23 training focused on high-risk traffic stops. The 24 curriculum for permanent law enforcement officers shall 25 include, but not be limited to: (1) refresher and 26 in-service training in any of the courses listed above in HB5217 - 38 - LRB103 38096 AWJ 68228 b HB5217- 39 -LRB103 38096 AWJ 68228 b HB5217 - 39 - LRB103 38096 AWJ 68228 b HB5217 - 39 - LRB103 38096 AWJ 68228 b 1 this subparagraph, (2) advanced courses in any of the 2 subjects listed above in this subparagraph, (3) training 3 for supervisory personnel, and (4) specialized training in 4 subjects and fields to be selected by the board. The 5 training in the use of electronic control devices shall be 6 conducted for probationary law enforcement officers, 7 including University police officers. The curriculum shall 8 also include training on the use of a firearms restraining 9 order by providing instruction on the process used to file 10 a firearms restraining order and how to identify 11 situations in which a firearms restraining order is 12 appropriate. 13 b. Minimum courses of study, attendance requirements 14 and equipment requirements. 15 c. Minimum requirements for instructors. 16 d. Minimum basic training requirements, which a 17 probationary law enforcement officer must satisfactorily 18 complete before being eligible for permanent employment as 19 a local law enforcement officer for a participating local 20 governmental or State governmental agency. Those 21 requirements shall include training in first aid 22 (including cardiopulmonary resuscitation). 23 e. Minimum basic training requirements, which a 24 probationary county corrections officer must 25 satisfactorily complete before being eligible for 26 permanent employment as a county corrections officer for a HB5217 - 39 - LRB103 38096 AWJ 68228 b HB5217- 40 -LRB103 38096 AWJ 68228 b HB5217 - 40 - LRB103 38096 AWJ 68228 b HB5217 - 40 - LRB103 38096 AWJ 68228 b 1 participating local governmental agency. 2 f. Minimum basic training requirements which a 3 probationary court security officer must satisfactorily 4 complete before being eligible for permanent employment as 5 a court security officer for a participating local 6 governmental agency. The Board shall establish those 7 training requirements which it considers appropriate for 8 court security officers and shall certify schools to 9 conduct that training. 10 A person hired to serve as a court security officer 11 must obtain from the Board a certificate (i) attesting to 12 the officer's successful completion of the training 13 course; (ii) attesting to the officer's satisfactory 14 completion of a training program of similar content and 15 number of hours that has been found acceptable by the 16 Board under the provisions of this Act; or (iii) attesting 17 to the Board's determination that the training course is 18 unnecessary because of the person's extensive prior law 19 enforcement experience. 20 Individuals who currently serve as court security 21 officers shall be deemed qualified to continue to serve in 22 that capacity so long as they are certified as provided by 23 this Act within 24 months of June 1, 1997 (the effective 24 date of Public Act 89-685). Failure to be so certified, 25 absent a waiver from the Board, shall cause the officer to 26 forfeit his or her position. HB5217 - 40 - LRB103 38096 AWJ 68228 b HB5217- 41 -LRB103 38096 AWJ 68228 b HB5217 - 41 - LRB103 38096 AWJ 68228 b HB5217 - 41 - LRB103 38096 AWJ 68228 b 1 All individuals hired as court security officers on or 2 after June 1, 1997 (the effective date of Public Act 3 89-685) shall be certified within 12 months of the date of 4 their hire, unless a waiver has been obtained by the 5 Board, or they shall forfeit their positions. 6 The Sheriff's Merit Commission, if one exists, or the 7 Sheriff's Office if there is no Sheriff's Merit 8 Commission, shall maintain a list of all individuals who 9 have filed applications to become court security officers 10 and who meet the eligibility requirements established 11 under this Act. Either the Sheriff's Merit Commission, or 12 the Sheriff's Office if no Sheriff's Merit Commission 13 exists, shall establish a schedule of reasonable intervals 14 for verification of the applicants' qualifications under 15 this Act and as established by the Board. 16 g. (Blank). Minimum in-service training requirements, 17 which a law enforcement officer must satisfactorily 18 complete every 3 years. Those requirements shall include 19 constitutional and proper use of law enforcement 20 authority, procedural justice, civil rights, human rights, 21 reporting child abuse and neglect, and cultural 22 competency, including implicit bias and racial and ethnic 23 sensitivity. These trainings shall consist of at least 30 24 hours of training every 3 years. 25 h. (Blank). Minimum in-service training requirements, 26 which a law enforcement officer must satisfactorily HB5217 - 41 - LRB103 38096 AWJ 68228 b HB5217- 42 -LRB103 38096 AWJ 68228 b HB5217 - 42 - LRB103 38096 AWJ 68228 b HB5217 - 42 - LRB103 38096 AWJ 68228 b 1 complete at least annually. Those requirements shall 2 include law updates, emergency medical response training 3 and certification, crisis intervention training, and 4 officer wellness and mental health. 5 i. (Blank). Minimum in-service training requirements 6 as set forth in Section 10.6. 7 Notwithstanding any provision of law to the contrary, the 8 changes made to this Section by Public Act 101-652, Public Act 9 102-28, and Public Act 102-694 take effect July 1, 2022. 10 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 11 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 12 7-1-23; 103-154, eff. 6-30-23.) 13 (50 ILCS 705/7.9 new) 14 Sec. 7.9. System for the development, delivery, and 15 tracking of in-service training courses. 16 (a) The Board shall establish a system for the 17 development, delivery, and tracking of in-service training 18 courses. The Board may designate any training to be delivered 19 electronically as appropriate unless otherwise determined in 20 the Act. The content for these courses shall include, but not 21 be limited to: 22 (1) refresher and in-service training in any of the 23 courses listed in subsection (b); 24 (2) advanced courses in any of the subjects listed in 25 subsection (b); HB5217 - 42 - LRB103 38096 AWJ 68228 b HB5217- 43 -LRB103 38096 AWJ 68228 b HB5217 - 43 - LRB103 38096 AWJ 68228 b HB5217 - 43 - LRB103 38096 AWJ 68228 b 1 (3) training for supervisory personnel; and 2 (4) specialized training in subjects and fields to be 3 selected by the Board. 4 (b) The Board shall establish minimum in-service training 5 requirements that a police officer must satisfactorily 6 complete. Mandatory training shall be completed every 3 years. 7 Beginning January 1, 2026, the training shall consist of at 8 least 40 hours of training over a 3-year period and shall 9 include the topics described in this subsection. Training 10 designated in other statutes shall be incorporated into this 11 Section and shall be governed by the conditions of this 12 Section. Any training conducted in the 3 years prior to the 13 first reporting shall satisfy the requirements under this 14 Section. The training shall provide officers with knowledge of 15 policies and laws regulating the use of force; equip officers 16 with tactics and skills, including de-escalation techniques, 17 to prevent or reduce the need to use force or, when force must 18 be used, to use force that is objectively reasonable, 19 necessary, and proportional under the totality of the 20 circumstances; and ensure appropriate supervision and 21 accountability. The training shall also include training in 22 the following: 23 (1) specific instruction on use of force techniques, 24 including the use of de-escalation techniques to prevent 25 or reduce the need for force whenever safe and feasible, 26 including scenario-based training that can be delivered HB5217 - 43 - LRB103 38096 AWJ 68228 b HB5217- 44 -LRB103 38096 AWJ 68228 b HB5217 - 44 - LRB103 38096 AWJ 68228 b HB5217 - 44 - LRB103 38096 AWJ 68228 b 1 in-person or virtually; 2 (2) specific training focused on high-risk traffic 3 stops; 4 (3) specific training on the law concerning stops, 5 searches, and the use of force under the Fourth Amendment 6 of the United States Constitution; 7 (4) specific training on officer safety techniques, 8 including cover, concealment, and time; 9 (5) cultural competency, including implicit bias and 10 racial and ethnic sensitivity; 11 (6) constitutional and proper use of law enforcement 12 authority; 13 (7) procedural justice; 14 (8) civil rights; 15 (9) human rights; 16 (10) trauma informed response to sexual assault; 17 (11) reporting child abuse and neglect; 18 (12) the psychology of domestic violence; 19 (13) law updates; 20 (14) emergency medical response; 21 (15) crisis intervention; 22 (16) officer wellness and mental health; and 23 (17) firearms restraining order training, including 24 training in firearms restraining orders, how to identify 25 situations in which a firearms restraining order is 26 appropriate, and how to safely promote the usage of the HB5217 - 44 - LRB103 38096 AWJ 68228 b HB5217- 45 -LRB103 38096 AWJ 68228 b HB5217 - 45 - LRB103 38096 AWJ 68228 b HB5217 - 45 - LRB103 38096 AWJ 68228 b 1 firearms restraining order in different situations. 2 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) 3 Sec. 8.1. Full-time law enforcement and county corrections 4 officers. 5 (a) No person shall receive a permanent appointment as a 6 law enforcement officer or a permanent appointment as a county 7 corrections officer unless that person has been awarded, 8 within 6 months of the officer's initial full-time employment, 9 a certificate attesting to the officer's successful completion 10 of the Minimum Standards Basic Law Enforcement or County 11 Correctional Training Course as prescribed by the Board; or 12 has been awarded a certificate attesting to the officer's 13 satisfactory completion of a training program of similar 14 content and number of hours and which course has been found 15 acceptable by the Board under the provisions of this Act; or a 16 training waiver by reason of prior law enforcement or county 17 corrections experience, obtained in Illinois, in any other 18 state, or with an agency of the federal government, the basic 19 training requirement is determined by the Board to be 20 illogical and unreasonable. A law enforcement agency may 21 submit a waiver request for a prospective employee before 22 making a conditional offer. A waiver request and decision for 23 an out-of-state officer shall be completed prior to a 24 conditional offer. A prospective officer may be granted a 25 waiver prior to accepting a position. Agencies seeking a HB5217 - 45 - LRB103 38096 AWJ 68228 b HB5217- 46 -LRB103 38096 AWJ 68228 b HB5217 - 46 - LRB103 38096 AWJ 68228 b HB5217 - 46 - LRB103 38096 AWJ 68228 b 1 reciprocity waiver for training completed outside of Illinois 2 must conduct a thorough background check and provide 3 verification of the officer's prior training. After review and 4 satisfaction of all requested conditions, the officer shall be 5 awarded an equivalency certificate satisfying the requirements 6 of this Section. Within 60 days after the effective date of 7 this amendatory Act of the 103rd General Assembly, the Board 8 shall adopt uniform rules providing for a waiver process for a 9 person previously employed and qualified as a law enforcement 10 or county corrections officer under federal law or the laws of 11 any other state, or who has completed a basic law enforcement 12 officer or correctional officer academy who would be qualified 13 to be employed as a law enforcement officer or correctional 14 officer by the federal government or any other state. These 15 rules shall address the process for evaluating prior training 16 credit, a description and list of the courses typically 17 required for reciprocity candidates to complete prior to 18 taking the exam, and a procedure for employers seeking a 19 pre-activation determination for a reciprocity training 20 waiver. The rules shall provide that any eligible person 21 previously trained as a law enforcement or county corrections 22 officer under federal law or the laws of any other state shall 23 successfully complete the following prior to the approval of a 24 waiver: 25 (1) a training program or set of coursework approved 26 by the Board on the laws of this State relevant to the HB5217 - 46 - LRB103 38096 AWJ 68228 b HB5217- 47 -LRB103 38096 AWJ 68228 b HB5217 - 47 - LRB103 38096 AWJ 68228 b HB5217 - 47 - LRB103 38096 AWJ 68228 b 1 duties and training requirements of law enforcement and 2 county correctional officers; 3 (2) firearms training; and 4 (3) successful passage of the equivalency 5 certification examination. 6 Upon receiving final notification from the Board on 7 training required for any waiver, the employing agency shall 8 ensure all necessary training is completed within 6 months of 9 the training being available. If such training is required and 10 not completed within the applicable 6 months, then the officer 11 must forfeit the officer's position, or the employing agency 12 must obtain a waiver from the Board extending the period for 13 compliance. Such waiver shall be issued only for good and 14 justifiable reasons, and in no case shall extend more than 90 15 days beyond the initial 6 months. Any hiring agency that fails 16 to train a law enforcement officer within this period shall be 17 prohibited from employing this individual in a law enforcement 18 capacity for one year from the date training was to be 19 completed. If an agency again fails to train the individual a 20 second time, the agency shall be permanently barred from 21 employing this individual in a law enforcement capacity. 22 An individual who is not certified by the Board or whose 23 certified status is inactive shall not function as a law 24 enforcement officer, be assigned the duties of a law 25 enforcement officer by an employing agency, or be authorized 26 to carry firearms under the authority of the employer, except HB5217 - 47 - LRB103 38096 AWJ 68228 b HB5217- 48 -LRB103 38096 AWJ 68228 b HB5217 - 48 - LRB103 38096 AWJ 68228 b HB5217 - 48 - LRB103 38096 AWJ 68228 b 1 as otherwise authorized to carry a firearm under State or 2 federal law. Sheriffs who are elected as of January 1, 2022 3 (the effective date of Public Act 101-652) are exempt from the 4 requirement of certified status. Failure to be certified in 5 accordance with this Act shall cause the officer to forfeit 6 the officer's position. 7 An employing agency may not grant a person status as a law 8 enforcement officer unless the person has been granted an 9 active law enforcement officer certification by the Board. 10 (b) Inactive status. A person who has an inactive law 11 enforcement officer certification has no law enforcement 12 authority. 13 (1) A law enforcement officer's certification becomes 14 inactive upon termination, resignation, retirement, or 15 separation from the officer's employing law enforcement 16 agency for any reason unless there is less than a 24-month 17 break in service between law enforcement agencies. The 18 Board shall re-activate a certification upon written 19 application from the law enforcement officer's law 20 enforcement agency that shows the law enforcement officer: 21 (i) has accepted a full-time law enforcement position with 22 that law enforcement agency, (ii) is not the subject of a 23 decertification proceeding, and (iii) meets all other 24 criteria for re-activation required by the Board. The 25 Board may also establish special training requirements to 26 be completed as a condition for re-activation. However, an HB5217 - 48 - LRB103 38096 AWJ 68228 b HB5217- 49 -LRB103 38096 AWJ 68228 b HB5217 - 49 - LRB103 38096 AWJ 68228 b HB5217 - 49 - LRB103 38096 AWJ 68228 b 1 officer with less than a 24-month break in service will 2 not require reactivation and his waiver request could be 3 reviewed under subsection (a). 4 The Board shall review a notice for reactivation from 5 a law enforcement agency and provide a response within 30 6 days. The Board may extend this review. A law enforcement 7 officer shall be allowed to be employed as a full-time law 8 enforcement officer while the law enforcement officer 9 reactivation waiver is under review. 10 A law enforcement officer who is refused reactivation 11 or an employing agency of a law enforcement officer who is 12 refused reactivation under this Section may request a 13 hearing in accordance with the hearing procedures as 14 outlined in subsection (h) of Section 6.3 of this Act. 15 The Board may refuse to re-activate the certification 16 of a law enforcement officer who was involuntarily 17 terminated for good cause by an employing agency for 18 conduct subject to decertification under this Act or 19 resigned or retired after receiving notice of a law 20 enforcement agency's investigation. 21 (2) A law enforcement agency may place an officer who 22 is currently certified on inactive status by sending a 23 written request to the Board. A law enforcement officer 24 whose certificate has been placed on inactive status shall 25 not function as a law enforcement officer until the 26 officer has completed any requirements for reactivating HB5217 - 49 - LRB103 38096 AWJ 68228 b HB5217- 50 -LRB103 38096 AWJ 68228 b HB5217 - 50 - LRB103 38096 AWJ 68228 b HB5217 - 50 - LRB103 38096 AWJ 68228 b 1 the certificate as required by the Board. A request for 2 inactive status in this subsection shall be in writing, 3 accompanied by verifying documentation, and shall be 4 submitted to the Board with a copy to the chief 5 administrator of the law enforcement officer's current or 6 new employing agency. 7 (3) Certification that has become inactive under 8 paragraph (2) of this subsection (b) shall be reactivated 9 by written notice from the law enforcement officer's 10 agency upon a showing that the law enforcement officer: 11 (i) is employed in a full-time law enforcement position 12 with the same law enforcement agency, (ii) is not the 13 subject of a decertification proceeding, and (iii) meets 14 all other criteria for re-activation required by the 15 Board. 16 (4) Notwithstanding paragraph (3) of this subsection 17 (b), a law enforcement officer whose certification has 18 become inactive under paragraph (2) may have the officer's 19 employing agency submit a request for a waiver of training 20 requirements to the Board in writing and accompanied by 21 any verifying documentation. A grant of a waiver is within 22 the discretion of the Board. Within 7 days of receiving a 23 request for a waiver under this Section, the Board shall 24 notify the law enforcement officer and the chief 25 administrator of the law enforcement officer's employing 26 agency, whether the request has been granted, denied, or HB5217 - 50 - LRB103 38096 AWJ 68228 b HB5217- 51 -LRB103 38096 AWJ 68228 b HB5217 - 51 - LRB103 38096 AWJ 68228 b HB5217 - 51 - LRB103 38096 AWJ 68228 b 1 if the Board will take additional time for information. A 2 law enforcement agency whose request for a waiver under 3 this subsection is denied is entitled to request a review 4 of the denial by the Board. The law enforcement agency 5 must request a review within 20 days of the waiver being 6 denied. The burden of proof shall be on the law 7 enforcement agency to show why the law enforcement officer 8 is entitled to a waiver of the legislatively required 9 training and eligibility requirements. 10 (c) No provision of this Section shall be construed to 11 mean that a county corrections officer employed by a 12 governmental agency at the time of the effective date of this 13 amendatory Act, either as a probationary county corrections 14 officer or as a permanent county corrections officer, shall 15 require certification under the provisions of this Section. No 16 provision of this Section shall be construed to apply to 17 certification of elected county sheriffs. 18 (d) Within 14 days, a law enforcement officer shall report 19 to the Board: (1) any name change; (2) any change in 20 employment; or (3) the filing of any criminal indictment or 21 charges against the officer alleging that the officer 22 committed any offense as enumerated in Section 6.1 of this 23 Act. 24 (e) All law enforcement officers must report the 25 completion of the training requirements required in this Act 26 in compliance with Section 8.4 of this Act. HB5217 - 51 - LRB103 38096 AWJ 68228 b HB5217- 52 -LRB103 38096 AWJ 68228 b HB5217 - 52 - LRB103 38096 AWJ 68228 b HB5217 - 52 - LRB103 38096 AWJ 68228 b 1 (e-1) Each employing law enforcement agency shall allow 2 and provide an opportunity for a law enforcement officer to 3 complete the mandated requirements in this Act. All mandated 4 training shall be provided at no cost to the employees. 5 Employees shall be paid for all time spent attending mandated 6 training. 7 (e-2) Each agency, academy, or training provider shall 8 maintain proof of a law enforcement officer's completion of 9 legislatively required training in a format designated by the 10 Board. The report of training shall be submitted to the Board 11 within 30 days following completion of the training. A copy of 12 the report shall be submitted to the law enforcement officer. 13 Upon receipt of a properly completed report of training, the 14 Board will make the appropriate entry into the training 15 records of the law enforcement officer. 16 (f) This Section does not apply to part-time law 17 enforcement officers or probationary part-time law enforcement 18 officers. 19 (g) Notwithstanding any provision of law to the contrary, 20 the changes made to this Section by Public Act 101-652, Public 21 Act 102-28, and Public Act 102-694 take effect July 1, 2022. 22 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; 23 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.) 24 (50 ILCS 705/8.4) 25 Sec. 8.4. Law enforcement compliance verification. HB5217 - 52 - LRB103 38096 AWJ 68228 b HB5217- 53 -LRB103 38096 AWJ 68228 b HB5217 - 53 - LRB103 38096 AWJ 68228 b HB5217 - 53 - LRB103 38096 AWJ 68228 b 1 (a)(1) Unless on inactive status under subsection (b) of 2 Section 8.1 or subsection (b) of Section 8.2, every law 3 enforcement agency officer subject to this Act shall annually 4 submit a verification form for every law enforcement officer 5 subject to this Act that confirms compliance with this Act. 6 The verification shall apply to the 3 calendar years preceding 7 the date of verification. Law enforcement officers shall 8 submit the officer's first report by January 30 during the 9 initial three-year reporting period, as determined on the 10 basis of the law enforcement officer's last name under 11 paragraph (2) of this subsection then every third year of the 12 officer's applicable three-year report period as determined by 13 the Board. At the conclusion of each law enforcement officer's 14 applicable reporting period, the chief administrative officer 15 of the officer's employer shall law enforcement agency is to 16 determine the compliance with the training requirements of 17 each officer under this Section. An officer must also may 18 verify the officer's their successful completion of training 19 requirements with the officer's their law enforcement agency. 20 Each law enforcement officer is responsible for reporting and 21 demonstrating compliance to the officer's chief administrative 22 officer. 23 (2) The applicable three-year reporting period shall begin 24 on January 30, 2023 for law enforcement officers whose last 25 names being with the letters A through G, on January 30, 2024 26 for law enforcement officers whose last names being with the HB5217 - 53 - LRB103 38096 AWJ 68228 b HB5217- 54 -LRB103 38096 AWJ 68228 b HB5217 - 54 - LRB103 38096 AWJ 68228 b HB5217 - 54 - LRB103 38096 AWJ 68228 b 1 letters H through O, and January 30, 2025 for law enforcement 2 officers whose last names being with the letters P through Z. 3 (3) The compliance verification form shall be in a form 4 and manner prescribed by the Board and, at a minimum, include 5 the following: (i) verification that the law enforcement 6 officer has completed the mandatory training programs in the 7 preceding 3 years; (ii) the law enforcement officer's current 8 employment information, including but not limited to, the 9 termination of any previous law enforcement or security 10 employment in the relevant time period; and (iii) a statement 11 verifying that the officer has not committed misconduct under 12 Section 6.1. 13 (b) (1) On October 1 of each year, the Board shall send 14 notice to all certified law enforcement officers and law 15 enforcement agencies, unless exempted in (a), of the upcoming 16 deadline to submit the compliance verification form. No later 17 than March 1 of each year, the Board shall send notice to all 18 certified law enforcement officers who have failed to submit 19 the compliance verification form, as well as the officer's law 20 enforcement agencies. The Board shall not send a notice of 21 noncompliance to law enforcement officers whom the Board 22 knows, based on the status of the law enforcement officer's 23 certification status, are inactive or retired. The Board may 24 accept compliance verification forms until April 1 of the year 25 in which a law enforcement officer is required to submit the 26 form. HB5217 - 54 - LRB103 38096 AWJ 68228 b HB5217- 55 -LRB103 38096 AWJ 68228 b HB5217 - 55 - LRB103 38096 AWJ 68228 b HB5217 - 55 - LRB103 38096 AWJ 68228 b 1 (2) No earlier than April 1 of the year in which a law 2 enforcement officer is required to submit a verification form, 3 the Board may determine a law enforcement officer's 4 certification to be inactive if the law enforcement officer 5 failed to either: (1) submit a compliance verification in 6 accordance with this Section; or (2) report an exemption from 7 the requirements of this Section. The Board shall then send 8 notice, by mail or email, to any such law enforcement officer 9 and the officer's law enforcement agency that the officer's 10 certificate will be deemed inactive on the date specified in 11 the notice, which shall be no sooner than 21 days from the date 12 of the notice, because of the officer's failure to comply or 13 report compliance, or failure to report an exemption. The 14 Board shall deem inactive the certificate of such law 15 enforcement officers on the date specified in the notice 16 unless the Board determines before that date that the law 17 enforcement officer has complied. A determination that a 18 certificate is inactive under this section is not a 19 disciplinary sanction. 20 (3) A law enforcement officer who was on inactive status 21 shall, upon return to active status, be required to complete 22 the deferred training programs within 1 year. 23 (4) The Board may waive the reporting requirements, as 24 required in this section, if the law enforcement officer or 25 the officer's law enforcement agency demonstrates the 26 existence of mitigating circumstances justifying the law HB5217 - 55 - LRB103 38096 AWJ 68228 b HB5217- 56 -LRB103 38096 AWJ 68228 b HB5217 - 56 - LRB103 38096 AWJ 68228 b HB5217 - 56 - LRB103 38096 AWJ 68228 b 1 enforcement officer's failure to obtain the training 2 requirements due to failure of the officer's law enforcement 3 agency or the Board to offer the training requirement during 4 the officer's required compliance verification period. If the 5 Board finds that the law enforcement officer can meet the 6 training requirements with extended time, the Board may allow 7 the law enforcement officer a maximum of six additional months 8 to complete the requirements. 9 (5) A request for a training waiver under this subsection 10 due to the mitigating circumstance shall be in writing, 11 accompanied by verifying documentation, and shall be submitted 12 to the Board not less than 30 days before the end of the law 13 enforcement officer's required compliance verification period. 14 (6) A law enforcement officer whose request for waiver 15 under this subsection is denied, is entitled to a request for a 16 review by the Board. The law enforcement officer or the 17 officer's law enforcement agency must request a review within 18 20 days after the waiver being denied. The burden of proof 19 shall be on the law enforcement officer to show why the officer 20 is entitled to a waiver. 21 (c) Recordkeeping and audits. 22 (1) For four years after the end of each reporting 23 period, each certified law enforcement officer shall 24 maintain sufficient documentation necessary to corroborate 25 compliance with the mandatory training requirements under 26 this Act. HB5217 - 56 - LRB103 38096 AWJ 68228 b HB5217- 57 -LRB103 38096 AWJ 68228 b HB5217 - 57 - LRB103 38096 AWJ 68228 b HB5217 - 57 - LRB103 38096 AWJ 68228 b 1 (2) Notwithstanding any other provision in state law, 2 for four years after the end of each reporting period, 3 each law enforcement agency shall maintain sufficient 4 documentation necessary to corroborate compliance with the 5 mandatory training requirements under this Act of each 6 officer it employs or employed within the relevant time 7 period. 8 (3) The Board may audit compliance verification forms 9 submitted to determine the accuracy of the submissions. 10 The audit may include but is not limited to, training 11 verification and a law enforcement officer background 12 check. 13 (d) Audits that reveal an inaccurate verification. 14 (1) If an audit conducted under paragraph (3) of 15 subsection (c) of this Section reveals inaccurate 16 information, the Board shall provide the law enforcement 17 officer and employing law enforcement agency with written 18 notice containing: (i) the results of the audit, 19 specifying each alleged inaccuracy; (ii) a summary of the 20 basis of that determination; and (iii) a deadline, which 21 shall be at least 30 days from the date of the notice, for 22 the law enforcement officer to file a written response if 23 the law enforcement officer objects to any of the contents 24 of the notice. 25 (2) After considering any response from the law 26 enforcement officer, if the Board determines that the law HB5217 - 57 - LRB103 38096 AWJ 68228 b HB5217- 58 -LRB103 38096 AWJ 68228 b HB5217 - 58 - LRB103 38096 AWJ 68228 b HB5217 - 58 - LRB103 38096 AWJ 68228 b 1 enforcement officer filed an inaccurate verification, the 2 law enforcement officer shall be given 60 days in which to 3 file an amended verification form, together with all 4 documentation specified in paragraph (e)(1), demonstrating 5 full compliance with the applicable requirements. 6 (3) If the results of the audit suggest that the law 7 enforcement officer willfully filed a false verification 8 form, the Board shall submit a formal complaint to the 9 Panel for decertification. An officer who has been 10 decertified for willfully filing a false verification form 11 shall not be eligible for reactivation under subsection 12 (e). 13 (e) Reactivation. A law enforcement officer who has been 14 deemed inactive due to noncompliance with the reporting 15 requirements under paragraph (a)(1) may request to have the 16 Board re-activate his or her certification upon submitting a 17 compliance verification form that shows full compliance for 18 the period in which the law enforcement officer was deemed 19 inactive due to noncompliance. The Board shall make a 20 determination regarding a submission under this subsection 21 active no later than 7 days after the Board determines full 22 compliance or continued noncompliance. 23 A law enforcement officer whose request for reactivation 24 under this subsection (e) is denied is entitled to request a 25 review by the Board. The law enforcement officer or the 26 officer's law enforcement agency must request a review within HB5217 - 58 - LRB103 38096 AWJ 68228 b HB5217- 59 -LRB103 38096 AWJ 68228 b HB5217 - 59 - LRB103 38096 AWJ 68228 b HB5217 - 59 - LRB103 38096 AWJ 68228 b 1 20 days after reactivation being denied. The burden of proof 2 shall be on the law enforcement officer or law enforcement 3 agency to show that the officer is in full compliance. 4 (f) Notwithstanding any provision of law to the contrary, 5 the changes made to this Section by this amendatory Act of the 6 102nd General Assembly and Public Act 101-652 take effect July 7 1, 2022. 8 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) 9 (50 ILCS 705/9.2) 10 Sec. 9.2. Officer professional conduct database; 11 transparency. 12 (a) All law enforcement agencies and the Illinois State 13 Police shall notify the Board of any final determination of a 14 willful violation of department, agency, or the Illinois State 15 Police policy, official misconduct, or violation of law within 16 10 days after all appeals are exhausted after a final decision 17 is made when: 18 (1) the determination leads to a suspension of at 19 least 10 days; 20 (2) (blank); any infraction that would trigger an 21 official or formal investigation under a law enforcement 22 agency or the Illinois State Police policy; 23 (3) there is an allegation of misconduct or regarding 24 truthfulness as to a material fact, bias, or integrity; or 25 (4) the officer resigns or retires during the course HB5217 - 59 - LRB103 38096 AWJ 68228 b HB5217- 60 -LRB103 38096 AWJ 68228 b HB5217 - 60 - LRB103 38096 AWJ 68228 b HB5217 - 60 - LRB103 38096 AWJ 68228 b 1 of a formal an investigation, as that term is defined 2 under Section 2 of the Uniform Peace Officers' 3 Disciplinary Act, and the officer has been served notice 4 that the officer is under a formal investigation. 5 Agencies and the Illinois State Police may report to the 6 Board any conduct they deem appropriate to disseminate to 7 another law enforcement agency regarding a law enforcement 8 officer. 9 The agency or the Illinois State Police shall report to 10 the Board within 10 days of a final determination and final 11 exhaustion of any administrative appeal, or the law 12 enforcement officer's resignation or retirement, and shall 13 provide information regarding the nature of the violation. 14 This notification shall not necessarily trigger certification 15 review. 16 A law enforcement agency and the Illinois State Police 17 shall be immune from liability for a disclosure made as 18 described in this subsection, unless the disclosure would 19 constitute intentional misrepresentation or gross negligence. 20 (b) Within 14 days after receiving notification from a law 21 enforcement agency or the Illinois State Police, the Board 22 must notify the law enforcement officer of the report and the 23 officer's right to provide a statement regarding the reported 24 violation. The law enforcement officer shall have 14 days from 25 receiving notice to provide a written objection contesting 26 information included in the agency's report. The objection HB5217 - 60 - LRB103 38096 AWJ 68228 b HB5217- 61 -LRB103 38096 AWJ 68228 b HB5217 - 61 - LRB103 38096 AWJ 68228 b HB5217 - 61 - LRB103 38096 AWJ 68228 b 1 must be filed with the Board on a form prescribed by the Board 2 and a copy must be served on the law enforcement agency. The 3 objection shall remain in the database with the reported 4 violation. 5 (c) The Board shall maintain a database readily available 6 to any chief administrative officer, or the officer's 7 designee, of a law enforcement agency and the Illinois State 8 Police that shall show for each law enforcement officer: (i) 9 dates of certification, decertification, and inactive status; 10 (ii) each sustained instance of departmental misconduct that 11 lead to a suspension at least 10 days or any infraction that 12 would trigger an official or formal investigation under the 13 law enforcement agency policy, any allegation of misconduct 14 regarding truthfulness as to a material fact, bias, or 15 integrity, or any other reported violation, the nature of the 16 violation, the reason for the final decision of discharge or 17 dismissal, and any statement provided by the officer; (iii) 18 date of separation from employment from any local or state law 19 enforcement agency; (iv) the reason for separation from 20 employment, including, but not limited to: whether the 21 separation was based on misconduct or occurred while the law 22 enforcement agency was conducting an investigation of the 23 certified individual for a violation of an employing agency's 24 rules, policy or procedure or other misconduct or improper 25 action. 26 (1) This database shall also be accessible to the HB5217 - 61 - LRB103 38096 AWJ 68228 b HB5217- 62 -LRB103 38096 AWJ 68228 b HB5217 - 62 - LRB103 38096 AWJ 68228 b HB5217 - 62 - LRB103 38096 AWJ 68228 b 1 State's Attorney of any county in this State and the 2 Attorney General for the purpose of complying with 3 obligations under Brady v. Maryland (373 U.S. 83) or 4 Giglio v. United States (405 U.S. 150). This database 5 shall also be accessible to the chief administrative 6 officer of any law enforcement agency for the purposes of 7 hiring law enforcement officers. This database shall not 8 be accessible to anyone not listed in this subsection. 9 (2) Before a law enforcement agency may appoint a law 10 enforcement officer or a person seeking a certification as 11 a law enforcement officer in this State, the chief 12 administrative officer or designee must check the Officer 13 Professional Conduct Database, contact each person's 14 previous law enforcement employers, and document the 15 contact. This documentation must be available for review 16 by the Board for a minimum of five years after the law 17 enforcement officer's termination, retirement, 18 resignation or separation with that agency. 19 (3) The database, documents, materials, or other 20 information in the possession or control of the Board that 21 are obtained by or disclosed to the Board under this 22 subsection shall be confidential by law and privileged, 23 shall not be subject to subpoena, and shall not be subject 24 to discovery or admissible in evidence in any private 25 civil action when sought from the Board. However, the 26 Board is authorized to use such documents, materials, or HB5217 - 62 - LRB103 38096 AWJ 68228 b HB5217- 63 -LRB103 38096 AWJ 68228 b HB5217 - 63 - LRB103 38096 AWJ 68228 b HB5217 - 63 - LRB103 38096 AWJ 68228 b 1 other information in furtherance of any regulatory or 2 legal action brought as part of the Board's official 3 duties. The Board shall not disclose the database or make 4 such documents, materials, or other information it has 5 obtained or that has been disclosed to it to the public. 6 Neither the Board nor any person who received documents, 7 materials or other information shared under this 8 subsection shall be required to testify in any private 9 civil action concerning the database or any confidential 10 documents, materials, or information subject to this 11 subsection. 12 (d) The Board shall maintain a searchable database of law 13 enforcement officers accessible to the public that shall 14 include: (i) the law enforcement officer's employing agency; 15 (ii) the date of the officer's initial certification and the 16 officer's current certification status; and (iii) any 17 sustained complaint of misconduct that resulted in 18 decertification and the date thereof; provided, however, that 19 information shall not be included in the database that would 20 allow the public to ascertain the home address of an officer or 21 another person; provided further, that information regarding 22 an officer's or another person's family member shall not be 23 included in the database. The Board shall make the database 24 publicly available on its website. 25 (e) The Board shall maintain a searchable database of all 26 completed investigations against law enforcement officers HB5217 - 63 - LRB103 38096 AWJ 68228 b HB5217- 64 -LRB103 38096 AWJ 68228 b HB5217 - 64 - LRB103 38096 AWJ 68228 b HB5217 - 64 - LRB103 38096 AWJ 68228 b 1 related to decertification. The database shall identify each 2 law enforcement officer by a confidential and anonymous number 3 and include: (i) the law enforcement officer's employing 4 agency; (ii) the date of the incident referenced in the 5 complaint; (iii) the location of the incident; (iv) the race 6 and ethnicity of each officer involved in the incident; (v) 7 the age, gender, race and ethnicity of each person involved in 8 the incident, if known; (vi) whether a person in the 9 complaint, including a law enforcement officer, was injured, 10 received emergency medical care, was hospitalized or died as a 11 result of the incident; (vii) the law enforcement agency or 12 other entity assigned to conduct an investigation of the 13 incident; (viii) when the investigation was completed; (ix) 14 whether the complaint was sustained or not sustained or the 15 officer was exonerated; and (x) the type of misconduct 16 investigated; provided, however, that the Board shall redact 17 or withhold such information as necessary to prevent the 18 disclosure of the identity of an officer. The Board shall make 19 the database publicly available on its website. 20 (e-1) An investigation is complete when the investigation 21 has either been terminated or the decertification action, 22 including the administrative review process, has been 23 completed, whichever is later. 24 (e-2) At any time, a law enforcement officer shall have 25 access to the law enforcement officer's own records on file 26 with the Board, as it pertains to the databases in this HB5217 - 64 - LRB103 38096 AWJ 68228 b HB5217- 65 -LRB103 38096 AWJ 68228 b HB5217 - 65 - LRB103 38096 AWJ 68228 b HB5217 - 65 - LRB103 38096 AWJ 68228 b 1 Section. 2 (f) Annual report. The Board shall submit an annual report 3 to the Governor, Attorney General, President and Minority 4 Leader of the Senate, and the Speaker and Minority Leader of 5 the House of Representatives on or before March 1, 2023, and 6 every year thereafter indicating: 7 (1) the number of complaints received in the preceding 8 calendar year, including but not limited to the race, 9 gender, and type of discretionary decertification 10 complaints received; 11 (2) the number of investigations initiated in the 12 preceding calendar year since the date of the last report; 13 (3) the number of investigations concluded in the 14 preceding calendar year; 15 (4) the number of investigations pending as of the 16 last date of the preceding calendar year; 17 (5) the number of hearings held in the preceding 18 calendar year; and 19 (6) the number of officers decertified in the 20 preceding calendar year. 21 The annual report shall be publicly available on the 22 website of the Board. 23 (g) Nothing in this Section shall exempt a law enforcement 24 agency from which the Board has obtained data, documents, 25 materials, or other information or that has disclosed data, 26 documents, materials, or other information to the Board from HB5217 - 65 - LRB103 38096 AWJ 68228 b HB5217- 66 -LRB103 38096 AWJ 68228 b HB5217 - 66 - LRB103 38096 AWJ 68228 b HB5217 - 66 - LRB103 38096 AWJ 68228 b 1 disclosing public records in accordance with the Freedom of 2 Information Act. 3 (h) Notwithstanding any provision of law to the contrary, 4 the changes made to this Section by this amendatory Act of the 5 102nd General Assembly and Public Act 101-652 take effect July 6 1, 2022. 7 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) 8 (50 ILCS 705/10.7) 9 Sec. 10.7. Mandatory training; police chief and deputy 10 police chief. Each police chief and deputy police chief shall 11 obtain at least 20 hours of training each year. These hours 12 shall count towards and satisfy the 40 hours required under 13 Section 7.9. The training must be approved by the Illinois Law 14 Enforcement Training Standards Board and must be related to 15 law enforcement, management or executive development, or 16 ethics. This requirement may be satisfied by attending any 17 training portion of a conference held by an association that 18 represents chiefs of police that has been approved by the 19 Illinois Law Enforcement Training Standards Board. Any police 20 chief and any deputy police chief, upon presentation of a 21 certificate of completion from the person or entity conducting 22 the training, shall be reimbursed by the municipality in 23 accordance with the municipal policy regulating the terms of 24 reimbursement, for the officer's reasonable expenses in 25 obtaining the training required under this Section. No police HB5217 - 66 - LRB103 38096 AWJ 68228 b HB5217- 67 -LRB103 38096 AWJ 68228 b HB5217 - 67 - LRB103 38096 AWJ 68228 b HB5217 - 67 - LRB103 38096 AWJ 68228 b 1 chief or deputy police chief may attend any recognized 2 training offering without the prior approval of the officer's 3 municipal mayor, manager, or immediate supervisor. 4 This Section does not apply to the City of Chicago or the 5 Sheriff's Police Department in Cook County. 6 (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.) 7 (50 ILCS 705/10.21) 8 Sec. 10.21. Training; sexual assault and sexual abuse. 9 (a) The Illinois Law Enforcement Training Standards Board 10 shall conduct or approve training programs in trauma-informed 11 responses and investigations of sexual assault and sexual 12 abuse, which include, but is not limited to, the following: 13 (1) recognizing the symptoms of trauma; 14 (2) understanding the role trauma has played in a 15 victim's life; 16 (3) responding to the needs and concerns of a victim; 17 (4) delivering services in a compassionate, sensitive, 18 and nonjudgmental manner; 19 (5) interviewing techniques in accordance with the 20 curriculum standards in subsection (f) of this Section; 21 (6) understanding cultural perceptions and common 22 myths of sexual assault and sexual abuse; 23 (7) report writing techniques in accordance with the 24 curriculum standards in subsection (f) of this Section; 25 and HB5217 - 67 - LRB103 38096 AWJ 68228 b HB5217- 68 -LRB103 38096 AWJ 68228 b HB5217 - 68 - LRB103 38096 AWJ 68228 b HB5217 - 68 - LRB103 38096 AWJ 68228 b 1 (8) recognizing special sensitivities of victims due 2 to: age, including those under the age of 13; gender; or 3 other qualifications. 4 (b) This training must be presented in all full and 5 part-time basic law enforcement academies on or before July 1, 6 2018. 7 (c) Agencies employing law enforcement officers must 8 present this training to all law enforcement officers within 3 9 years after January 1, 2017 (the effective date of Public Act 10 99-801) and must present in-service training on sexual assault 11 and sexual abuse response and report writing training 12 requirements every 3 years. 13 (d) Agencies employing law enforcement officers who 14 conduct sexual assault and sexual abuse investigations must 15 provide specialized training to these officers on sexual 16 assault and sexual abuse investigations within 2 years after 17 January 1, 2017 (the effective date of Public Act 99-801) and 18 must present in-service training on sexual assault and sexual 19 abuse investigations to these officers every 3 years. 20 (e) Instructors providing this training shall have 21 successfully completed training on evidence-based, 22 trauma-informed, victim-centered response to cases of sexual 23 assault and sexual abuse and have experience responding to 24 sexual assault and sexual abuse cases. 25 (f) The Board shall adopt rules, in consultation with the 26 Office of the Illinois Attorney General and the Illinois State HB5217 - 68 - LRB103 38096 AWJ 68228 b HB5217- 69 -LRB103 38096 AWJ 68228 b HB5217 - 69 - LRB103 38096 AWJ 68228 b HB5217 - 69 - LRB103 38096 AWJ 68228 b 1 Police, to determine the specific training requirements for 2 these courses, including, but not limited to, the following: 3 (1) evidence-based curriculum standards for report 4 writing and immediate response to sexual assault and 5 sexual abuse, including trauma-informed, victim-centered, 6 age sensitive, interview techniques, which have been 7 demonstrated to minimize retraumatization, for 8 probationary police officers and all law enforcement 9 officers; and 10 (2) evidence-based curriculum standards for 11 trauma-informed, victim-centered, age sensitive 12 investigation and interviewing techniques, which have been 13 demonstrated to minimize retraumatization, for cases of 14 sexual assault and sexual abuse for law enforcement 15 officers who conduct sexual assault and sexual abuse 16 investigations. 17 (Source: P.A. 102-538, eff. 8-20-21.) 18 (50 ILCS 705/7.1 rep.) 19 (50 ILCS 705/10.6 rep.) 20 Section 10. The Illinois Police Training Act is amended by 21 repealing Sections 7.1 and 10.6. 22 Section 15. The Counties Code is amended by changing 23 Section 3-6007 as follows: HB5217 - 69 - LRB103 38096 AWJ 68228 b HB5217- 70 -LRB103 38096 AWJ 68228 b HB5217 - 70 - LRB103 38096 AWJ 68228 b HB5217 - 70 - LRB103 38096 AWJ 68228 b 1 (55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007) 2 Sec. 3-6007. Training. Each sheriff shall obtain at least 3 20 hours of training, approved by the Illinois Law Enforcement 4 Training Standards Board, relating to law enforcement and the 5 operation of a sheriff's office each year. These hours shall 6 count towards and satisfy the 40 hours required under Section 7 7.9 of the Illinois Police Training Act. Reasonable expenses 8 incurred by the sheriff in obtaining such training shall be 9 reimbursed by the county upon presentation by the sheriff to 10 the county board of a certificate of completion from the 11 person or entity conducting such training. 12 (Source: P.A. 88-586, eff. 8-12-94.) HB5217 - 70 - LRB103 38096 AWJ 68228 b