Illinois 2023-2024 Regular Session

Illinois House Bill HB5217 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3	3	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
4	4	50 ILCS 705/2 from Ch. 85, par. 502
5	5	50 ILCS 705/3 from Ch. 85, par. 503
6	6	50 ILCS 705/6.1
7	7	50 ILCS 705/6.3
8	8	50 ILCS 705/6.6
9	9	50 ILCS 705/6.7
10	10	50 ILCS 705/7
11	11	50 ILCS 705/7.9 new
12	12	50 ILCS 705/8.1 from Ch. 85, par. 508.1
13	13	50 ILCS 705/8.4
14	14	50 ILCS 705/9.2
15	15	50 ILCS 705/10.7
16	16	50 ILCS 705/10.21
17	17	50 ILCS 705/7.1 rep.
18	18	50 ILCS 705/10.6 rep.
19	19	55 ILCS 5/3-6007 from Ch. 34, par. 3-6007
20	20	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.
21	21	LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b
22	22	LRB103 38096 AWJ 68228 b
23	23	A BILL FOR
24	24	HB5217LRB103 38096 AWJ 68228 b HB5217 LRB103 38096 AWJ 68228 b
25	25	HB5217 LRB103 38096 AWJ 68228 b
26	26	1 AN ACT concerning government.
27	27	2 Be it enacted by the People of the State of Illinois,
28	28	3 represented in the General Assembly:
29	29	4 Section 5. The Illinois Police Training Act is amended by
30	30	5 changing Sections 2, 3, 6.1, 6.3, 6.6, 6.7, 7, 8.1, 8.4, 9.2,
31	31	6 10.7, and 10.21 and by adding Section 7.9 as follows:
32	32	7 (50 ILCS 705/2) (from Ch. 85, par. 502)
33	33	8 Sec. 2. Definitions. As used in this Act, unless the
34	34	9 context otherwise requires:
35	35	10 "Board" means the Illinois Law Enforcement Training
36	36	11 Standards Board.
37	37	12 "Full-time law enforcement officer" means a law
38	38	13 enforcement officer who has completed the officer's
39	39	14 probationary period and is employed on a full-time basis as a
40	40	15 law enforcement officer by a local government agency, State
41	41	16 government agency, or as a campus police officer by a
42	42	17 university, college, or community college.
43	43	18 "Law Enforcement agency" means any entity with statutory
44	44	19 police powers and the ability to employ individuals authorized
45	45	20 to make arrests. It does not include the Illinois State Police
46	46	21 as defined in the State Police Act. A law enforcement agency
47	47	22 may include any university, college, or community college.
48	48	23 "Local law enforcement agency" means any law enforcement
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52	52	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
53	53	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
54	54	50 ILCS 705/2 from Ch. 85, par. 502
55	55	50 ILCS 705/3 from Ch. 85, par. 503
56	56	50 ILCS 705/6.1
57	57	50 ILCS 705/6.3
58	58	50 ILCS 705/6.6
59	59	50 ILCS 705/6.7
60	60	50 ILCS 705/7
61	61	50 ILCS 705/7.9 new
62	62	50 ILCS 705/8.1 from Ch. 85, par. 508.1
63	63	50 ILCS 705/8.4
64	64	50 ILCS 705/9.2
65	65	50 ILCS 705/10.7
66	66	50 ILCS 705/10.21
67	67	50 ILCS 705/7.1 rep.
68	68	50 ILCS 705/10.6 rep.
69	69	55 ILCS 5/3-6007 from Ch. 34, par. 3-6007
70	70	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.
71	71	LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b
72	72	LRB103 38096 AWJ 68228 b
73	73	A BILL FOR
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79	79	50 ILCS 705/2 from Ch. 85, par. 502
80	80	50 ILCS 705/3 from Ch. 85, par. 503
81	81	50 ILCS 705/6.1
82	82	50 ILCS 705/6.3
83	83	50 ILCS 705/6.6
84	84	50 ILCS 705/6.7
85	85	50 ILCS 705/7
86	86	50 ILCS 705/7.9 new
87	87	50 ILCS 705/8.1 from Ch. 85, par. 508.1
88	88	50 ILCS 705/8.4
89	89	50 ILCS 705/9.2
90	90	50 ILCS 705/10.7
91	91	50 ILCS 705/10.21
92	92	50 ILCS 705/7.1 rep.
93	93	50 ILCS 705/10.6 rep.
94	94	55 ILCS 5/3-6007 from Ch. 34, par. 3-6007
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113	113	1 unit of government or municipal corporation in this State. It
114	114	2 does not include the State of Illinois or any office, officer,
115	115	3 department, division, bureau, board, commission, or agency of
116	116	4 the State, except that it does include a State-controlled
117	117	5 university, college or public community college.
118	118	6 "State law enforcement agency" means any law enforcement
119	119	7 agency of this State. This includes any office, officer,
120	120	8 department, division, bureau, board, commission, or agency of
121	121	9 the State. It does not include the Illinois State Police as
122	122	10 defined in the State Police Act.
123	123	11 "Panel" means the Certification Review Panel.
124	124	12 "Basic training school" means any school located within
125	125	13 the State of Illinois whether privately or publicly owned
126	126	14 which offers a course in basic law enforcement or county
127	127	15 corrections training and has been approved by the Board.
128	128	16 "Probationary police officer" means a recruit law
129	129	17 enforcement officer required to successfully complete initial
130	130	18 minimum basic training requirements at a basic training school
131	131	19 to be eligible for permanent full-time employment as a local
132	132	20 law enforcement officer. "Probationary police officer" does
133	133	21 not include a lateral hire or a previously certified officer
134	134	22 reentering the profession seeking a training waiver.
135	135	23 "Probationary part-time police officer" means a recruit
136	136	24 part-time law enforcement officer required to successfully
137	137	25 complete initial minimum part-time training requirements to be
138	138	26 eligible for employment on a part-time basis as a local law
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149	149	1 enforcement officer.
150	150	2 "Permanent law enforcement officer" means a law
151	151	3 enforcement officer who has completed the officer's
152	152	4 probationary period and is permanently employed on a full-time
153	153	5 basis as a local law enforcement officer, as a security
154	154	6 officer, or campus police officer permanently employed by a
155	155	7 law enforcement agency.
156	156	8 "Part-time law enforcement officer" means a law
157	157	9 enforcement officer who has completed the officer's
158	158	10 probationary period and is employed on a part-time basis as a
159	159	11 law enforcement officer or as a campus police officer by a law
160	160	12 enforcement agency.
161	161	13 "Law enforcement officer" means (i) any police officer of
162	162	14 a law enforcement agency who is primarily responsible for
163	163	15 prevention or detection of crime and the enforcement of the
164	164	16 criminal code, traffic, or highway laws of this State or any
165	165	17 political subdivision of this State or (ii) any member of a
166	166	18 police force appointed and maintained as provided in Section 2
167	167	19 of the Railroad Police Act.
168	168	20 "Recruit" means any full-time or part-time law enforcement
169	169	21 officer or full-time county corrections officer who is
170	170	22 enrolled in an approved training course.
171	171	23 "Review Committee" means the committee at the Board for
172	172	24 certification disciplinary cases in which the Panel, a law
173	173	25 enforcement officer, or a law enforcement agency may file for
174	174	26 reconsideration of a decertification decision made by the
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185	185	1 Board.
186	186	2 "Probationary county corrections officer" means a recruit
187	187	3 county corrections officer required to successfully complete
188	188	4 initial minimum basic training requirements at a basic
189	189	5 training school to be eligible for permanent employment on a
190	190	6 full-time basis as a county corrections officer.
191	191	7 "Permanent county corrections officer" means a county
192	192	8 corrections officer who has completed the officer's
193	193	9 probationary period and is permanently employed on a full-time
194	194	10 basis as a county corrections officer by a participating law
195	195	11 enforcement agency.
196	196	12 "County corrections officer" means any sworn officer of
197	197	13 the sheriff who is primarily responsible for the control and
198	198	14 custody of offenders, detainees or inmates.
199	199	15 "Probationary court security officer" means a recruit
200	200	16 court security officer required to successfully complete
201	201	17 initial minimum basic training requirements at a designated
202	202	18 training school to be eligible for employment as a court
203	203	19 security officer.
204	204	20 "Permanent court security officer" means a court security
205	205	21 officer who has completed the officer's probationary period
206	206	22 and is employed as a court security officer by a participating
207	207	23 law enforcement agency.
208	208	24 "Court security officer" has the meaning ascribed to it in
209	209	25 Section 3-6012.1 of the Counties Code.
210	210	26 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
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221	221	1 (50 ILCS 705/3) (from Ch. 85, par. 503)
222	222	2 Sec. 3. Board; composition; appointments; tenure;
223	223	3 vacancies.
224	224	4 (a) The Board shall be composed of 18 members selected as
225	225	5 follows: The Attorney General of the State of Illinois, the
226	226	6 Director of the Illinois State Police, the Director of
227	227	7 Corrections, the Superintendent of the Chicago Police
228	228	8 Department, the Sheriff of Cook County, the Clerk of the
229	229	9 Circuit Court of Cook County, who shall serve as ex officio
230	230	10 members, and the following to be appointed by the Governor: 2
231	231	11 mayors or village presidents of Illinois municipalities, 2
232	232	12 Illinois county sheriffs from counties other than Cook County,
233	233	13 2 managers of Illinois municipalities, 2 chiefs of municipal
234	234	14 police departments in Illinois having no Superintendent of the
235	235	15 Police Department on the Board, 2 certified law enforcement
236	236	16 officers who are employed as a law enforcement officer in a
237	237	17 position covered by a collective bargaining agreement citizens
238	238	18 of Illinois who shall be members of an organized enforcement
239	239	19 officers' association, one active member of a statewide
240	240	20 association representing sheriffs, and one active member of a
241	241	21 statewide association representing municipal police chiefs.
242	242	22 The appointments of the Governor shall be made on the first
243	243	23 Monday of August in 1965 with 3 of the appointments to be for a
244	244	24 period of one year, 3 for 2 years, and 3 for 3 years. Their
245	245	25 successors shall be appointed in like manner for terms to
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256	256	1 expire the first Monday of August each 3 years thereafter. All
257	257	2 members shall serve until their respective successors are
258	258	3 appointed and qualify. Vacancies shall be filled by the
259	259	4 Governor for the unexpired terms. Any ex officio member may
260	260	5 appoint a designee to the Board who shall have the same powers
261	261	6 and immunities otherwise conferred to the member of the Board,
262	262	7 including the power to vote and be counted toward quorum, so
263	263	8 long as the member is not in attendance.
264	264	9 (a-5) Within the Board is created a Review Committee. The
265	265	10 Review Committee shall review disciplinary cases in which the
266	266	11 Panel, the law enforcement officer, or the law enforcement
267	267	12 agency file for reconsideration of a decertification decision
268	268	13 made by the Board. The Review Committee shall be composed of 9
269	269	14 annually rotating members from the Board appointed by the
270	270	15 Board Chairman. One member of the Review Committee shall be
271	271	16 designated by the Board Chairman as the Chair. The Review
272	272	17 Committee shall sit in 3 member panels composed of one member
273	273	18 representing law enforcement management, one member
274	274	19 representing members of law enforcement, and one member who is
275	275	20 not a current or former member of law enforcement.
276	276	21 (b) When a Board member may have an actual, perceived, or
277	277	22 potential conflict of interest or appearance of bias that
278	278	23 could prevent the Board member from making a fair and
279	279	24 impartial decision regarding decertification:
280	280	25 (1) The Board member shall recuse himself or herself.
281	281	26 (2) If the Board member fails to recuse himself or
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292	292	1 herself, then the Board may, by a simple majority of the
293	293	2 remaining members, vote to recuse the Board member. Board
294	294	3 members who are found to have voted on a matter in which
295	295	4 they should have recused themselves may be removed from
296	296	5 the Board by the Governor.
297	297	6 A conflict of interest or appearance of bias may include,
298	298	7 but is not limited to, matters where one of the following is a
299	299	8 party to a decision on a decertification or formal complaint:
300	300	9 someone with whom the member has an employment relationship;
301	301	10 any of the following relatives: spouse, parents, children,
302	302	11 adopted children, legal wards, stepchildren, step parents,
303	303	12 step siblings, half siblings, siblings, parents-in-law,
304	304	13 siblings-in-law, children-in-law, aunts, uncles, nieces, and
305	305	14 nephews; a friend; or a member of a professional organization,
306	306	15 association, or a union in which the member now actively
307	307	16 serves.
308	308	17 (c) A vacancy in members does not prevent a quorum of the
309	309	18 remaining sitting members from exercising all rights and
310	310	19 performing all duties of the Board.
311	311	20 (d) An individual serving on the Board shall not also
312	312	21 serve on the Panel.
313	313	22 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
314	314	23 102-694, eff. 1-7-22.)
315	315	24 (50 ILCS 705/6.1)
316	316	25 Sec. 6.1. Automatic decertification of full-time and
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327	327	1 part-time law enforcement officers.
328	328	2 (a) The Board must review law enforcement officer conduct
329	329	3 and records to ensure that no law enforcement officer is
330	330	4 initially certified or provided a valid waiver if that law
331	331	5 enforcement officer has been convicted of, found guilty of,
332	332	6 entered a plea of guilty to, or entered a plea of nolo
333	333	7 contendere to, a felony offense under the laws of this State or
334	334	8 any other state which if committed in this State would be
335	335	9 punishable as a felony. The Board must also ensure that no law
336	336	10 enforcement officer is certified or provided a valid waiver if
337	337	11 that law enforcement officer has been convicted of, found
338	338	12 guilty of, or entered a plea of guilty to, on or after January
339	339	13 1, 2022 (the effective date of Public Act 101-652) and since
340	340	14 the time of the initial certification of any misdemeanor
341	341	15 specified in this Section or if committed in any other state
342	342	16 would be an offense similar to Section 11-1.50, 11-6, 11-6.5,
343	343	17 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2,
344	344	18 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
345	345	19 28-3, 29-1, any misdemeanor in violation of any Section of
346	346	20 Part E of Title III of the Criminal Code of 1961 or the
347	347	21 Criminal Code of 2012, or subsection (a) of Section 17-32 of
348	348	22 the Criminal Code of 1961 or the Criminal Code of 2012, or to
349	349	23 Section 5 or 5.2 of the Cannabis Control Act, or any felony or
350	350	24 misdemeanor in violation of federal law or the law of any state
351	351	25 that is the equivalent of any of the offenses specified
352	352	26 therein. The Board must appoint investigators to enforce the
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363	363	1 duties conferred upon the Board by this Act.
364	364	2 (a-1) For purposes of this Section, a person is "convicted
365	365	3 of, found guilty of or entered a plea of guilty to, or plea of
366	366	4 nolo contendere to, found guilty of" regardless of whether the
367	367	5 adjudication of guilt or sentence is withheld or not entered
368	368	6 thereon. This includes sentences of supervision, conditional
369	369	7 discharge, or first offender probation, or any similar
370	370	8 disposition provided for by law. This definition applies to
371	371	9 conduct that occurred after January 1, 2022.
372	372	10 (b) It is the responsibility of the sheriff or the chief
373	373	11 executive officer of every law enforcement agency or
374	374	12 department within this State to report to the Board any
375	375	13 arrest, conviction, finding of guilt, plea of guilty, or plea
376	376	14 of nolo contendere to, of any officer currently in the
377	377	15 sheriff's or the chief executive officer's employ for an
378	378	16 offense identified in this Section, regardless of whether the
379	379	17 adjudication of guilt or sentence is withheld or not entered
380	380	18 thereon, this includes sentences of supervision, conditional
381	381	19 discharge, or first offender probation if the conduct occurred
382	382	20 after January 1, 2022.
383	383	21 (c) It is the duty and responsibility of every full-time
384	384	22 and part-time law enforcement officer in this State to report
385	385	23 to the Board within 14 days, and the officer's sheriff or chief
386	386	24 executive officer, of the officer's arrest, conviction, found
387	387	25 guilty of, or plea of guilty for an offense identified in this
388	388	26 Section. Any full-time or part-time law enforcement officer
389	389
390	390
391	391
392	392
393	393
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395	395
396	396
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398	398	HB5217 - 10 - LRB103 38096 AWJ 68228 b
399	399	1 who knowingly makes, submits, causes to be submitted, or files
400	400	2 a false or untruthful report to the Board must have the
401	401	3 officer's certificate or waiver immediately decertified or
402	402	4 revoked after a due process hearing before the Certification
403	403	5 Review Panel.
404	404	6 (d) Any person, or a local or State agency, or the Board is
405	405	7 immune from liability for submitting, disclosing, or releasing
406	406	8 information of arrests, convictions, or pleas of guilty in
407	407	9 this Section as long as the information is submitted,
408	408	10 disclosed, or released in good faith and without malice. The
409	409	11 Board has qualified immunity for the release of the
410	410	12 information.
411	411	13 (e) Any full-time or part-time law enforcement officer
412	412	14 with a certificate or waiver issued by the Board who is
413	413	15 convicted of, found guilty of, or entered a plea of guilty to,
414	414	16 or entered a plea of nolo contendere to any offense described
415	415	17 in this Section immediately becomes decertified or no longer
416	416	18 has a valid waiver. The decertification and invalidity of
417	417	19 waivers is subject to review by the Certification Review Panel
418	418	20 upon timely application occurs as a matter of law. Failure of a
419	419	21 convicted person to report to the Board the officer's
420	420	22 conviction as described in this Section or any continued law
421	421	23 enforcement practice after receiving a conviction will subject
422	422	24 the officer to an additional basis for decertification is a
423	423	25 Class 4 felony.
424	424	26 For purposes of this subsection Section, a person is
425	425
426	426
427	427
428	428
429	429
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431	431
432	432
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435	435	1 considered to have been "convicted of, found guilty of, or
436	436	2 entered a plea of guilty to, or entered a plea of nolo
437	437	3 contendere to" regardless of whether the adjudication of guilt
438	438	4 or sentence is withheld or not entered thereon, including
439	439	5 sentences of supervision, conditional discharge, first
440	440	6 offender probation, or any similar disposition as provided for
441	441	7 by law if the conduct occurred after January 1, 2022.
442	442	8 (f) The Board's investigators shall be law enforcement
443	443	9 officers as defined in Section 2 of this Act. The Board shall
444	444	10 not waive the training requirement unless the investigator has
445	445	11 had a minimum of 5 years experience as a sworn officer of a
446	446	12 local, State, or federal law enforcement agency. An
447	447	13 investigator shall not have been terminated for good cause,
448	448	14 decertified, had his or her law enforcement license or
449	449	15 certificate revoked in this or any other jurisdiction, or been
450	450	16 convicted of any of the conduct listed in subsection (a). Any
451	451	17 complaint filed against the Board's investigators shall be
452	452	18 investigated by the Illinois State Police.
453	453	19 (g) The Board must request and receive information and
454	454	20 assistance from any federal, state, local, or private
455	455	21 enforcement agency as part of the authorized criminal
456	456	22 background investigation. The Illinois State Police must
457	457	23 process, retain, and additionally provide and disseminate
458	458	24 information to the Board concerning criminal charges, arrests,
459	459	25 convictions, and their disposition, that have been filed
460	460	26 against a basic academy applicant, law enforcement applicant,
461	461
462	462
463	463
464	464
465	465
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467	467
468	468
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471	471	1 or law enforcement officer whose fingerprint identification
472	472	2 cards are on file or maintained by the Illinois State Police.
473	473	3 The Federal Bureau of Investigation must provide the Board any
474	474	4 criminal history record information contained in its files
475	475	5 pertaining to law enforcement officers or any applicant to a
476	476	6 Board certified basic law enforcement academy as described in
477	477	7 this Act based on fingerprint identification. The Board must
478	478	8 make payment of fees to the Illinois State Police for each
479	479	9 fingerprint card submission in conformance with the
480	480	10 requirements of paragraph 22 of Section 55a of the Civil
481	481	11 Administrative Code of Illinois.
482	482	12 (g-5) Notwithstanding any provision of law to the
483	483	13 contrary, the changes to this Section made by this amendatory
484	484	14 Act of the 102nd General Assembly and Public Act 101-652 shall
485	485	15 apply prospectively only from July 1, 2022.
486	486	16 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
487	487	17 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
488	488	18 (50 ILCS 705/6.3)
489	489	19 Sec. 6.3. Discretionary decertification of full-time and
490	490	20 part-time law enforcement officers.
491	491	21 (a) Definitions. For purposes of this Section 6.3:
492	492	22 "Duty to intervene" means an obligation to intervene to
493	493	23 prevent harm from occurring that arises when: an officer is
494	494	24 present, and has reason to know (1) that excessive force is
495	495	25 being used or that any constitutional violation has been
496	496
497	497
498	498
499	499
500	500
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502	502
503	503
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505	505	HB5217 - 13 - LRB103 38096 AWJ 68228 b
506	506	1 committed by a law enforcement official; and (2) the officer
507	507	2 has a realistic opportunity to intervene. This duty applies
508	508	3 equally to supervisory and nonsupervisory officers. If aid is
509	509	4 required, the officer shall not, when reasonable to administer
510	510	5 aid, knowingly and willingly refuse to render aid as defined
511	511	6 by State or federal law. An officer does not violate this duty
512	512	7 if the failure to render aid is due to circumstances such as
513	513	8 lack of appropriate specialized training, lack of resources or
514	514	9 equipment, or if it is unsafe or impracticable to render aid.
515	515	10 "Excessive use of force" means using force in violation of
516	516	11 State or federal law.
517	517	12 "False statement" means (1) any knowingly false statement
518	518	13 provided on a form or report, (2) that the writer does not
519	519	14 believe to be true, and (3) that the writer includes to mislead
520	520	15 a public servant in performing the public servant's official
521	521	16 functions.
522	522	17 "Perjury" means that as defined under Sections 32-2 and
523	523	18 32-3 of the Criminal Code of 2012.
524	524	19 "Tampers with or fabricates evidence" means if a law
525	525	20 enforcement officer (1) has reason to believe that an official
526	526	21 proceeding is pending or may be instituted, and (2) alters,
527	527	22 destroys, conceals, or removes any record, document, data,
528	528	23 video or thing to impair its validity or availability in the
529	529	24 proceeding.
530	530	25 (b) Decertification conduct. The Board has the authority
531	531	26 to decertify a full-time or a part-time law enforcement
532	532
533	533
534	534
535	535
536	536
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538	538
539	539
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541	541	HB5217 - 14 - LRB103 38096 AWJ 68228 b
542	542	1 officer upon a determination by the Board that the law
543	543	2 enforcement officer has:
544	544	3 (1) committed an act that would constitute a felony or
545	545	4 misdemeanor which could serve as basis for automatic
546	546	5 decertification, whether or not the law enforcement
547	547	6 officer was criminally prosecuted, and whether or not the
548	548	7 law enforcement officer's employment was terminated;
549	549	8 (2) exercised excessive use of force;
550	550	9 (3) failed to comply with the officer's duty to
551	551	10 intervene, including through acts or omissions;
552	552	11 (4) with the intent to prevent apprehension of or
553	553	12 obstruct the prosecution or defense of any person,
554	554	13 knowingly and intentionally tampered with a dash camera or
555	555	14 body-worn camera or data recorded by a dash camera or
556	556	15 body-worn camera or directed another to tamper with or
557	557	16 turn off a dash camera or body-worn camera or data
558	558	17 recorded by a dash camera or body-worn camera for the
559	559	18 purpose of concealing, destroying or altering potential
560	560	19 evidence;
561	561	20 (5) engaged in the following conduct relating to the
562	562	21 reporting, investigation, or prosecution of a crime:
563	563	22 committed perjury, made a false statement, or knowingly
564	564	23 tampered with or fabricated evidence; and
565	565	24 (6) engaged in any unprofessional, unethical,
566	566	25 deceptive, or deleterious conduct or practice harmful to
567	567	26 the public; such conduct or practice need not have
568	568
569	569
570	570
571	571
572	572
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574	574
575	575
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577	577	HB5217 - 15 - LRB103 38096 AWJ 68228 b
578	578	1 resulted in actual injury to any person. As used in this
579	579	2 paragraph, the term "unprofessional conduct" shall include
580	580	3 any departure from, or failure to conform to, the minimal
581	581	4 standards of acceptable and prevailing practice of an
582	582	5 officer.
583	583	6 (b-5) The Board has the authority to decertify a full-time
584	584	7 or part-time law enforcement officer notwithstanding whether a
585	585	8 law enforcement agency takes disciplinary action against a law
586	586	9 enforcement officer for the same underlying conduct as
587	587	10 outlined in subsection (b).
588	588	11 (c) Notice of Alleged Violation.
589	589	12 (1) The following individuals and agencies shall
590	590	13 notify the Board within 7 days of becoming aware of any
591	591	14 violation described in subsection (b):
592	592	15 (A) A law enforcement agency as defined in Section
593	593	16 2 or any law enforcement officer of this State. For
594	594	17 this subsection (c), law enforcement agency includes,
595	595	18 but is not limited to, a civilian review board, an
596	596	19 inspector general, and legal counsel for a law
597	597	20 enforcement agency.
598	598	21 (B) The Executive Director of the Board;
599	599	22 (C) A State's Attorney's Office of this State.
600	600	23 "Becoming aware" does not include confidential
601	601	24 communications between agency lawyers and agencies
602	602	25 regarding legal advice. For purposes of this subsection,
603	603	26 "law enforcement agency" does not include the Illinois
604	604
605	605
606	606
607	607
608	608
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610	610
611	611
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613	613	HB5217 - 16 - LRB103 38096 AWJ 68228 b
614	614	1 Attorney General when providing legal representation to a
615	615	2 law enforcement officer under the State Employee
616	616	3 Indemnification Act.
617	617	4 (2) Any person may also notify the Board of any
618	618	5 conduct the person believes a law enforcement officer has
619	619	6 committed as described in subsection (b). Such
620	620	7 notifications may be made confidentially. Notwithstanding
621	621	8 any other provision in state law or any collective
622	622	9 bargaining agreement, the Board shall accept notice and
623	623	10 investigate any allegations from individuals who remain
624	624	11 confidential.
625	625	12 (3) Upon written request, the Board shall disclose to
626	626	13 the individual or entity who filed a notice of violation
627	627	14 the status of the Board's review.
628	628	15 (d) Form. The notice of violation reported under
629	629	16 subsection (c) shall be on a form prescribed by the Board in
630	630	17 its rules. The form shall be publicly available by paper and
631	631	18 electronic means. The form shall include fields for the
632	632	19 following information, at a minimum:
633	633	20 (1) the full name, address, and telephone number of
634	634	21 the person submitting the notice;
635	635	22 (2) if submitted under subsection (c)(1), the agency
636	636	23 name and title of the person submitting the notice;
637	637	24 (3) the full name, badge number, employing agency, and
638	638	25 physical description of the officer, if known;
639	639	26 (4) the full name or names, address or addresses,
640	640
641	641
642	642
643	643
644	644
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646	646
647	647
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649	649	HB5217 - 17 - LRB103 38096 AWJ 68228 b
650	650	1 telephone number or numbers, and physical description or
651	651	2 descriptions of any witnesses, if known;
652	652	3 (5) a concise statement of facts that describe the
653	653	4 alleged violation and any copies of supporting evidence
654	654	5 including but not limited to any photographic, video, or
655	655	6 audio recordings of the incident;
656	656	7 (6) whether the person submitting the notice has
657	657	8 notified any other agency; and
658	658	9 (7) an option for an individual, who submits directly
659	659	10 to the Board, to consent to have the individual's identity
660	660	11 disclosed. The identity of any individual providing
661	661	12 information or reporting any possible or alleged violation
662	662	13 to the Board shall be kept confidential and may not be
663	663	14 disclosed without the consent of that individual, unless
664	664	15 the individual consents to disclosure of the individual's
665	665	16 name or disclosure of the individual's identity is
666	666	17 otherwise required by law. The confidentiality granted by
667	667	18 this subsection does not preclude the disclosure of the
668	668	19 identity of a person in any capacity other than as the
669	669	20 source of an allegation.
670	670	21 Nothing in this subsection (d) shall preclude the Board
671	671	22 from receiving, investigating, or acting upon allegations made
672	672	23 confidentially or in a format different from the form provided
673	673	24 for in this subsection.
674	674	25 (e) Preliminary review.
675	675	26 (1) The Board shall complete a preliminary review of
676	676
677	677
678	678
679	679
680	680
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682	682
683	683
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685	685	HB5217 - 18 - LRB103 38096 AWJ 68228 b
686	686	1 the allegations to determine whether there is sufficient
687	687	2 information to warrant a further investigation of any
688	688	3 violations of the Act. Upon initiating a preliminary
689	689	4 review of the allegations, the Board shall notify the head
690	690	5 of the law enforcement agency that employs the law
691	691	6 enforcement officer who is the subject of the allegations.
692	692	7 At the request of the Board, the law enforcement agency
693	693	8 must submit any copies of investigative findings,
694	694	9 evidence, or documentation to the Board in accordance with
695	695	10 rules adopted by the Board to facilitate the Board's
696	696	11 preliminary review. The Board may correspond with the law
697	697	12 enforcement agency, official records clerks or any
698	698	13 investigative agencies in conducting its preliminary
699	699	14 review.
700	700	15 (2) During the preliminary review, the Board will take
701	701	16 all reasonable steps to discover any and all objective
702	702	17 verifiable evidence relevant to the alleged violation
703	703	18 through the identification, retention, review, and
704	704	19 analysis of all currently available evidence, including,
705	705	20 but not limited to: all time-sensitive evidence, audio and
706	706	21 video evidence, physical evidence, arrest reports,
707	707	22 photographic evidence, GPS records, computer data, lab
708	708	23 reports, medical documents, and witness interviews. All
709	709	24 reasonable steps will be taken to preserve relevant
710	710	25 evidence identified during the preliminary investigation.
711	711	26 (3) If after a preliminary review of the alleged
712	712
713	713
714	714
715	715
716	716
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718	718
719	719
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721	721	HB5217 - 19 - LRB103 38096 AWJ 68228 b
722	722	1 violation or violations, the Board believes there is
723	723	2 sufficient information to warrant further investigation of
724	724	3 any violations of this Act, the alleged violation or
725	725	4 violations shall be assigned for investigation in
726	726	5 accordance with subsection (f).
727	727	6 (4) If after a review of the allegations, the Board
728	728	7 believes there is insufficient information supporting the
729	729	8 allegations to warrant further investigation, it may close
730	730	9 a notice. Notification of the Board's decision to close a
731	731	10 notice shall be sent to all relevant individuals,
732	732	11 agencies, and any entities that received notice of the
733	733	12 violation under subsection (c) within 30 days of the
734	734	13 notice being closed, except in cases where the notice is
735	735	14 submitted anonymously if the complainant is unknown.
736	736	15 (5) Except when the Board has received notice under
737	737	16 subparagraph (A) of paragraph (1) of subsection (c), no
738	738	17 later than 30 days after receiving notice, the Board shall
739	739	18 report any notice of violation it receives to the relevant
740	740	19 law enforcement agency, unless reporting the notice would
741	741	20 jeopardize any subsequent investigation. The Board shall
742	742	21 also record any notice of violation it receives to the
743	743	22 Officer Professional Conduct Database in accordance with
744	744	23 Section 9.2. The Board shall report to the appropriate
745	745	24 State's Attorney any alleged violations that contain
746	746	25 allegations, claims, or factual assertions that, if true,
747	747	26 would constitute a violation of Illinois law. The Board
748	748
749	749
750	750
751	751
752	752
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754	754
755	755
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757	757	HB5217 - 20 - LRB103 38096 AWJ 68228 b
758	758	1 shall inform the law enforcement officer via certified
759	759	2 mail that it has received a notice of violation against
760	760	3 the law enforcement officer.
761	761	4 If the Board determines that due to the circumstances
762	762	5 and the nature of the allegation that it would not be
763	763	6 prudent to notify the law enforcement officer and the
764	764	7 officer's law enforcement agency unless and until the
765	765	8 filing of a Formal Complaint, the Board shall document in
766	766	9 the file the reason or reasons a notification was not
767	767	10 made.
768	768	11 (6) If the law enforcement officer is involved in a
769	769	12 criminal proceeding on the same subject as the notice of
770	770	13 violation, the Board is responsible for maintaining a
771	771	14 current status report including court dates, hearings,
772	772	15 pleas, adjudication status and sentencing. A State's
773	773	16 Attorney's Office must notify the Board of any criminal
774	774	17 charges filed against a law enforcement officer, and must
775	775	18 provide updates of significant developments to the Board
776	776	19 in a timely manner but no later than 30 days after such
777	777	20 developments.
778	778	21 (f) Investigations; requirements. Investigations are to be
779	779	22 assigned after a preliminary review, unless the investigations
780	780	23 were closed under paragraph (4) of subsection (e), as follows
781	781	24 in paragraphs (1), (2), and (3) of this subsection (f).
782	782	25 (1) A law enforcement agency that submits a notice of
783	783	26 violation to the Board under subparagraph (A) of paragraph
784	784
785	785
786	786
787	787
788	788
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790	790
791	791
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794	794	1 (1) of subsection (c) shall be responsible for conducting
795	795	2 an investigation of the underlying allegations except
796	796	3 when: (i) the law enforcement agency refers the notice to
797	797	4 another law enforcement agency or the Board for
798	798	5 investigation and such other agency or the Board agrees to
799	799	6 conduct the investigation; (ii) an external, independent,
800	800	7 or civilian oversight agency conducts the investigation in
801	801	8 accordance with local ordinance or other applicable law;
802	802	9 or (iii) the Board has determined that it will conduct the
803	803	10 investigation based upon the facts and circumstances of
804	804	11 the alleged violation, including but not limited to,
805	805	12 investigations regarding the Chief or Sheriff of a law
806	806	13 enforcement agency, familial conflict of interests,
807	807	14 complaints involving a substantial portion of a law
808	808	15 enforcement agency, or complaints involving a policy of a
809	809	16 law enforcement agency. Any agency or entity conducting an
810	810	17 investigation under this paragraph (1) shall submit
811	811	18 quarterly reports to the Board regarding the progress of
812	812	19 the investigation. The quarterly report shall be reviewed
813	813	20 by the individual or individuals at the Board who
814	814	21 conducted the preliminary review, if available.
815	815	22 Any agency or entity conducting an investigation under
816	816	23 this paragraph (1) shall, within 7 days of completing an
817	817	24 investigation, deliver an Investigative Summary Report and
818	818	25 copies of any administrative evidence to the Board. If the
819	819	26 Board finds an investigation conducted under this
820	820
821	821
822	822
823	823
824	824
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826	826
827	827
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829	829	HB5217 - 22 - LRB103 38096 AWJ 68228 b
830	830	1 paragraph (1) is incomplete, unsatisfactory, or deficient
831	831	2 in any way, the Board may direct the investigating entity
832	832	3 or agency to take any additional investigative steps
833	833	4 deemed necessary to thoroughly and satisfactorily complete
834	834	5 the investigation, or the Board may take any steps
835	835	6 necessary to complete the investigation. The investigating
836	836	7 entity or agency or, when necessary, the Board will then
837	837	8 amend and re-submit the Investigative Summary Report to
838	838	9 the Board for approval.
839	839	10 The Board shall submit a report to the investigating
840	840	11 entity disclosing the name, address, and telephone numbers
841	841	12 of persons who have knowledge of facts which are the
842	842	13 subject of the investigation and identifying the subject
843	843	14 matter of their knowledge.
844	844	15 (2) The Board shall investigate and complete an
845	845	16 Investigative Summary Report when a State's Attorney's
846	846	17 Office submits a notice of violation to the Board under
847	847	18 (c)(1)(C).
848	848	19 (3) When a person submits a notice to the Board under
849	849	20 paragraph (2) of subsection (c), The Board shall assign
850	850	21 the investigation to the law enforcement agency that
851	851	22 employs the law enforcement officer, except when: (i) the
852	852	23 law enforcement agency requests to refer the notice to
853	853	24 another law enforcement agency or the Board for
854	854	25 investigation and such other agency or the Board agrees to
855	855	26 conduct the investigation; (ii) an external, independent,
856	856
857	857
858	858
859	859
860	860
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862	862
863	863
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866	866	1 or civilian oversight agency conducts the investigation in
867	867	2 accordance with local ordinance or other applicable law;
868	868	3 or (iii) the Board has determined that it will conduct the
869	869	4 investigation based upon the facts and circumstances of
870	870	5 the alleged violation, including but not limited to,
871	871	6 investigations regarding the Chief or Sheriff of a law
872	872	7 enforcement agency, familial conflict of interests,
873	873	8 complaints involving a substantial portion of a law
874	874	9 enforcement agency, or complaints involving a policy of a
875	875	10 law enforcement agency.
876	876	11 The investigating entity or agency shall submit
877	877	12 quarterly reports to the Board regarding the progress of
878	878	13 the investigation in a form to be determined by the Board.
879	879	14 The quarterly report shall be reviewed by the individual
880	880	15 at the Board who conducted the preliminary review, if
881	881	16 available.
882	882	17 The investigating entity or agency shall, within 7 days of
883	883	18 completing an investigation, deliver an Investigative
884	884	19 Summary Report and copies of any evidence to the Board. If
885	885	20 the Board finds an investigation conducted under this
886	886	21 subsection (f)(3) is incomplete, unsatisfactory, or
887	887	22 deficient in any way, the Board may direct the
888	888	23 investigating entity to take any additional investigative
889	889	24 steps deemed necessary to thoroughly and satisfactorily
890	890	25 complete the investigation, or the Board may take any
891	891	26 steps necessary to complete the investigation. The
892	892
893	893
894	894
895	895
896	896
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898	898
899	899
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901	901	HB5217 - 24 - LRB103 38096 AWJ 68228 b
902	902	1 investigating entity or agency or, when necessary, the
903	903	2 Board will then amend and re-submit the Investigative
904	904	3 Summary Report to the Board for approval. The
905	905	4 investigating entity shall cooperate with and assist the
906	906	5 Board, as necessary, in any subsequent investigation.
907	907	6 (4) Concurrent Investigations. The Board may, at any
908	908	7 point, initiate a concurrent investigation under this
909	909	8 section. The original investigating entity shall timely
910	910	9 communicate, coordinate, and cooperate with the Board to
911	911	10 the fullest extent. The Board shall promulgate rules that
912	912	11 shall address, at a minimum, the sharing of information
913	913	12 and investigative means such as subpoenas and interviewing
914	914	13 witnesses.
915	915	14 (5) Investigative Summary Report. An Investigative
916	916	15 Summary Report shall contain, at a minimum, the
917	917	16 allegations and elements within each allegation followed
918	918	17 by the testimonial, documentary, or physical evidence that
919	919	18 is relevant to each such allegation or element listed and
920	920	19 discussed in association with it. All persons who have
921	921	20 been interviewed and listed in the Investigative Summary
922	922	21 Report will be identified as a complainant, witness,
923	923	22 person with specialized knowledge, or law enforcement
924	924	23 employee.
925	925	24 (6) Each law enforcement agency shall adopt a written
926	926	25 policy regarding the investigation of conduct under
927	927	26 subsection (a) that involves a law enforcement officer
928	928
929	929
930	930
931	931
932	932
933	933	HB5217 - 24 - LRB103 38096 AWJ 68228 b
934	934
935	935
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937	937	HB5217 - 25 - LRB103 38096 AWJ 68228 b
938	938	1 employed by that law enforcement agency. The written
939	939	2 policy adopted must include the following, at a minimum:
940	940	3 (a) Each law enforcement officer shall immediately
941	941	4 report any conduct under subsection (b) to the
942	942	5 appropriate supervising officer.
943	943	6 (b) The written policy under this Section shall be
944	944	7 available for inspection and copying under the Freedom
945	945	8 of Information Act, and not subject to any exemption
946	946	9 of that Act.
947	947	10 (7) Nothing in this Act shall prohibit a law
948	948	11 enforcement agency from conducting an investigation for
949	949	12 the purpose of internal discipline. However, any such
950	950	13 investigation shall be conducted in a manner that avoids
951	951	14 interference with, and preserves the integrity of, any
952	952	15 separate investigation by the Board being conducted.
953	953	16 (g) Formal complaints. Upon receipt of an Investigative
954	954	17 Summary Report, the Board shall review the Report and any
955	955	18 relevant evidence obtained and determine whether there is
956	956	19 reasonable basis to believe that the law enforcement officer
957	957	20 committed any conduct that would be deemed a violation of this
958	958	21 Act. If after reviewing the Report and any other relevant
959	959	22 evidence obtained, the Board determines that a reasonable
960	960	23 basis does exist, the Board shall file a formal complaint with
961	961	24 the Certification Review Panel.
962	962	25 (h) Formal Complaint Hearing.
963	963	26 (1) Upon issuance of a formal complaint, the Panel
964	964
965	965
966	966
967	967
968	968
969	969	HB5217 - 25 - LRB103 38096 AWJ 68228 b
970	970
971	971
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973	973	HB5217 - 26 - LRB103 38096 AWJ 68228 b
974	974	1 shall set the matter for an initial hearing in front of an
975	975	2 administrative law judge. At least 30 days before the date
976	976	3 set for an initial hearing, the Panel must, in writing,
977	977	4 notify the law enforcement officer subject to the
978	978	5 complaint of the following:
979	979	6 (i) the allegations against the law enforcement
980	980	7 officer, the time and place for the hearing, and
981	981	8 whether the law enforcement officer's certification
982	982	9 has been temporarily suspended under Section 8.3;
983	983	10 (ii) the right to file a written answer to the
984	984	11 complaint with the Panel within 30 days after service
985	985	12 of the notice;
986	986	13 (iii) if the law enforcement officer fails to
987	987	14 comply with the notice of the default order in
988	988	15 paragraph (2), the Panel shall enter a default order
989	989	16 against the law enforcement officer along with a
990	990	17 finding that the allegations in the complaint are
991	991	18 deemed admitted, and that the law enforcement
992	992	19 officer's certification may be revoked as a result;
993	993	20 and
994	994	21 (iv) the law enforcement officer may request an
995	995	22 informal conference to surrender the officer's
996	996	23 certification.
997	997	24 (2) The Board shall send the law enforcement officer
998	998	25 notice of the default order. The notice shall state that
999	999	26 the officer has 30 days to notify the Board in writing of
1000	1000
1001	1001
1002	1002
1003	1003
1004	1004
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1006	1006
1007	1007
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1009	1009	HB5217 - 27 - LRB103 38096 AWJ 68228 b
1010	1010	1 their desire to have the order vacated and to appear
1011	1011	2 before the Board. If the law enforcement officer does not
1012	1012	3 notify the Board within 30 days, the Board may set the
1013	1013	4 matter for hearing. If the matter is set for hearing, the
1014	1014	5 Board shall send the law enforcement officer the notice of
1015	1015	6 the date, time and location of the hearing. If the law
1016	1016	7 enforcement officer or counsel for the officer does
1017	1017	8 appear, at the Board's discretion, the hearing may proceed
1018	1018	9 or may be continued to a date and time agreed upon by all
1019	1019	10 parties. If on the date of the hearing, neither the law
1020	1020	11 enforcement officer nor counsel for the officer appears,
1021	1021	12 the Board may proceed with the hearing for default in
1022	1022	13 their absence.
1023	1023	14 (3) If the law enforcement officer fails to comply
1024	1024	15 with paragraph (2), all of the allegations contained in
1025	1025	16 the complaint shall be deemed admitted and the law
1026	1026	17 enforcement officer shall be decertified if, by a majority
1027	1027	18 vote of the panel, the conduct charged in the complaint is
1028	1028	19 found to constitute sufficient grounds for decertification
1029	1029	20 under this Act. Notice of the decertification decision may
1030	1030	21 be served by personal delivery, by mail, or, at the
1031	1031	22 discretion of the Board, by electronic means as adopted by
1032	1032	23 rule to the address or email address specified by the law
1033	1033	24 enforcement officer in the officer's last communication
1034	1034	25 with the Board. Notice shall also be provided to the law
1035	1035	26 enforcement officer's employing law enforcement agency.
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041	HB5217 - 27 - LRB103 38096 AWJ 68228 b
1042	1042
1043	1043
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1045	1045	HB5217 - 28 - LRB103 38096 AWJ 68228 b
1046	1046	1 (4) The Board, at the request of the law enforcement
1047	1047	2 officer subject to the Formal Complaint, may suspend a
1048	1048	3 hearing on a Formal Complaint for no more than one year if
1049	1049	4 a concurrent criminal matter is pending. If the law
1050	1050	5 enforcement officer requests to have the hearing
1051	1051	6 suspended, the law enforcement officer's certification
1052	1052	7 shall be deemed inactive until the law enforcement
1053	1053	8 officer's Formal Complaint hearing concludes. The Board or
1054	1054	9 the law enforcement officer may request to have the
1055	1055	10 hearing suspended for up to 6 additional months for good
1056	1056	11 cause. This request may be renewed. For purposes of this
1057	1057	12 paragraph (4), "good cause" means an incident or
1058	1058	13 occurrence that is beyond the control of the requester and
1059	1059	14 that prevents the hearing from occurring, or holding the
1060	1060	15 hearing would impose an undue hardship or prejudice on the
1061	1061	16 requester.
1062	1062	17 (5) Surrender of certification or waiver. Upon the
1063	1063	18 Board's issuance of a complaint, and prior to hearing on
1064	1064	19 the matter, a law enforcement officer may choose to
1065	1065	20 surrender the officer's certification or waiver by
1066	1066	21 notifying the Board in writing of the officer's decision
1067	1067	22 to do so. Upon receipt of such notification from the law
1068	1068	23 enforcement officer, the Board shall immediately decertify
1069	1069	24 the officer, or revoke any waiver previously granted. In
1070	1070	25 the case of a surrender of certification or waiver, the
1071	1071	26 Board's proceeding shall terminate.
1072	1072
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077	HB5217 - 28 - LRB103 38096 AWJ 68228 b
1078	1078
1079	1079
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1081	1081	HB5217 - 29 - LRB103 38096 AWJ 68228 b
1082	1082	1 (6) Appointment of administrative law judges. The
1083	1083	2 Board shall retain any attorney licensed to practice law
1084	1084	3 in the State of Illinois to serve as an administrative law
1085	1085	4 judge in any action involving a law enforcement officer
1086	1086	5 under this Act. The administrative law judge shall be
1087	1087	6 retained to a term of no greater than 4 years. If more than
1088	1088	7 one judge is retained, the terms shall be staggered. The
1089	1089	8 administrative law judge has full authority to conduct the
1090	1090	9 hearings.
1091	1091	10 Administrative law judges will receive initial and
1092	1092	11 annual training that is adequate in quality, quantity,
1093	1093	12 scope, and type, and will cover, at minimum the following
1094	1094	13 topics:
1095	1095	14 (i) constitutional and other relevant law on
1096	1096	15 police-community encounters, including the law on the
1097	1097	16 use of force and stops, searches, and arrests;
1098	1098	17 (ii) police tactics;
1099	1099	18 (iii) investigations of police conduct;
1100	1100	19 (iv) impartial policing;
1101	1101	20 (v) policing individuals in crisis;
1102	1102	21 (vi) Illinois police policies, procedures, and
1103	1103	22 disciplinary rules;
1104	1104	23 (vii) procedural justice; and
1105	1105	24 (viii) community outreach.
1106	1106	25 The Board shall determine the content and extent of
1107	1107	26 the training within the scope provided for by this
1108	1108
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113	HB5217 - 29 - LRB103 38096 AWJ 68228 b
1114	1114
1115	1115
1116	1116	HB5217- 30 -LRB103 38096 AWJ 68228 b HB5217 - 30 - LRB103 38096 AWJ 68228 b
1117	1117	HB5217 - 30 - LRB103 38096 AWJ 68228 b
1118	1118	1 subsection.
1119	1119	2 (7) Hearing. At the hearing, the administrative law
1120	1120	3 judge will hear the allegations alleged in the complaint.
1121	1121	4 The law enforcement officer, the counsel of the officer's
1122	1122	5 choosing, and the Board, or the officer's counsel, shall
1123	1123	6 be afforded the opportunity to present any pertinent
1124	1124	7 statements, testimony, evidence, and arguments. The law
1125	1125	8 enforcement officer shall be afforded the opportunity to
1126	1126	9 request that the Board compel the attendance of witnesses
1127	1127	10 and production of related documents. After the conclusion
1128	1128	11 of the hearing, the administrative law judge shall report
1129	1129	12 any findings of fact, conclusions of law, and recommended
1130	1130	13 disposition to the Panel. If the law enforcement officer
1131	1131	14 objects to any procedural or substantive legal portion of
1132	1132	15 the report, the officer may do so by written brief filed
1133	1133	16 with the Panel within 14 days after receipt of the report.
1134	1134	17 The Panel may grant reasonable extensions for good cause
1135	1135	18 shown or when mutually agreed upon by the parties.
1136	1136	19 No later than 28 days before the hearing, a party
1137	1137	20 shall disclose the following:
1138	1138	21 (i) The name and, if known, the address and
1139	1139	22 telephone number of each individual likely to have
1140	1140	23 information relevant to the hearing that the
1141	1141	24 disclosing party may use to support its claims or
1142	1142	25 defenses. This includes, but is not limited to, any
1143	1143	26 name that has previously been held as confidential by
1144	1144
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149	HB5217 - 30 - LRB103 38096 AWJ 68228 b
1150	1150
1151	1151
1152	1152	HB5217- 31 -LRB103 38096 AWJ 68228 b HB5217 - 31 - LRB103 38096 AWJ 68228 b
1153	1153	HB5217 - 31 - LRB103 38096 AWJ 68228 b
1154	1154	1 the Board.
1155	1155	2 (ii) A copy of any documents and videos that are in
1156	1156	3 the possession, custody, or control of the party, and
1157	1157	4 that the disclosing party may use to support its
1158	1158	5 claims or defenses.
1159	1159	6 (8) Certification Review Meeting. Upon receipt of the
1160	1160	7 administrative law judge's findings of fact, conclusions
1161	1161	8 of law, and recommended disposition, and any submitted
1162	1162	9 objections from the law enforcement officer, the Panel
1163	1163	10 shall call for a certification review meeting.
1164	1164	11 In such a meeting, the Panel may adjourn into a closed
1165	1165	12 conference for the purposes of deliberating on the
1166	1166	13 evidence presented during the hearing. In closed
1167	1167	14 conference, the Panel shall consider the hearing officer's
1168	1168	15 findings of fact, conclusions of law, and recommended
1169	1169	16 disposition and may deliberate on all evidence and
1170	1170	17 testimony received and may consider the weight and
1171	1171	18 credibility to be given to the evidence received. No new
1172	1172	19 or additional evidence may be presented to the Panel.
1173	1173	20 After concluding its deliberations, the Panel shall
1174	1174	21 convene in open session for its consideration of the
1175	1175	22 matter. If a simple majority of the Panel finds that no
1176	1176	23 allegations in the complaint supporting one or more
1177	1177	24 charges of misconduct are proven by clear and convincing
1178	1178	25 evidence, then the Panel shall recommend to the Board that
1179	1179	26 the complaint be dismissed. If a simple majority of the
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185	HB5217 - 31 - LRB103 38096 AWJ 68228 b
1186	1186
1187	1187
1188	1188	HB5217- 32 -LRB103 38096 AWJ 68228 b HB5217 - 32 - LRB103 38096 AWJ 68228 b
1189	1189	HB5217 - 32 - LRB103 38096 AWJ 68228 b
1190	1190	1 Panel finds that the allegations in the complaint
1191	1191	2 supporting one or more charges of misconduct are proven by
1192	1192	3 clear and convincing evidence, then the Panel shall
1193	1193	4 recommend to the Board to decertify the officer. The Panel
1194	1194	5 shall prepare a summary report as soon as practicable
1195	1195	6 after the completion of the meeting including the
1196	1196	7 following: the hearing officer's findings of fact,
1197	1197	8 conclusions of law, recommended disposition, and the
1198	1198	9 Panel's order.
1199	1199	10 (9) Final action by the Board. After receiving the
1200	1200	11 Panel's recommendations and any objections by the law
1201	1201	12 enforcement officer, and after due consideration of the
1202	1202	13 Panel's recommendations, the Board, by majority vote,
1203	1203	14 shall issue a final decision to decertify the law
1204	1204	15 enforcement officer or take no action in regard to the law
1205	1205	16 enforcement officer. No new or additional evidence may be
1206	1206	17 presented to the Board. If the Board makes a final
1207	1207	18 decision contrary to the recommendations of the Panel, the
1208	1208	19 Board shall set forth in its final written decision the
1209	1209	20 specific written reasons for not following the Panel's
1210	1210	21 recommendations. A copy of the Board's final decision
1211	1211	22 shall be served upon the law enforcement officer by the
1212	1212	23 Board, either personally or as provided in this Act for
1213	1213	24 the service of a notice of hearing. A copy of the Board's
1214	1214	25 final decision also shall be delivered to the last
1215	1215	26 employing law enforcement agency, the complainant, and the
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221	HB5217 - 32 - LRB103 38096 AWJ 68228 b
1222	1222
1223	1223
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1225	1225	HB5217 - 33 - LRB103 38096 AWJ 68228 b
1226	1226	1 Panel.
1227	1227	2 (10) Reconsideration of the Board's Decision. Within
1228	1228	3 30 days after service of the Board's final decision, the
1229	1229	4 Panel or the law enforcement officer may file a written
1230	1230	5 motion for reconsideration with the Review Committee. The
1231	1231	6 motion for reconsideration shall specify the particular
1232	1232	7 grounds for reconsideration. The non-moving party may
1233	1233	8 respond to the motion for reconsideration. The Review
1234	1234	9 Committee shall only address the issues raised by the
1235	1235	10 parties.
1236	1236	11 The Review Committee may deny the motion for
1237	1237	12 reconsideration, or it may grant the motion in whole or in
1238	1238	13 part and issue a new final decision in the matter. The
1239	1239	14 Review Committee must notify the law enforcement officer
1240	1240	15 and their last employing law enforcement agency within 14
1241	1241	16 days of a denial and state the reasons for denial.
1242	1242	17 (i) This Section applies to conduct by a full-time or
1243	1243	18 part-time law enforcement officer in violation of subsection
1244	1244	19 (b) that occurred before, on, or after the effective date of
1245	1245	20 this amendatory Act of the 102nd General Assembly.
1246	1246	21 (j) Notwithstanding any provision of law to the contrary,
1247	1247	22 the changes made to this Section by this amendatory Act of the
1248	1248	23 102nd General Assembly and Public Act 101-652 take effect July
1249	1249	24 1, 2022.
1250	1250	25 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255
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1257	1257
1258	1258
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1260	1260	HB5217 - 34 - LRB103 38096 AWJ 68228 b
1261	1261	1 (50 ILCS 705/6.6)
1262	1262	2 Sec. 6.6. Administrative Review Law; application.
1263	1263	3 (a) All final administrative decisions by the Board or any
1264	1264	4 committee, including the Certification Review Panel, regarding
1265	1265	5 review of waivers of appeals or discretionary decertification
1266	1266	6 of the Board are subject to judicial review under the
1267	1267	7 Administrative Review Law and its rules. The term
1268	1268	8 "administrative decision" is defined in Section 3-101 of the
1269	1269	9 Code of Civil Procedure.
1270	1270	10 (b) Proceedings for judicial review shall be commenced in
1271	1271	11 Sangamon County or Cook County.
1272	1272	12 (Source: P.A. 101-652, eff. 1-1-22.)
1273	1273	13 (50 ILCS 705/6.7)
1274	1274	14 Sec. 6.7. Certification and decertification procedures
1275	1275	15 under Act exclusive. Notwithstanding any other law, the
1276	1276	16 certification and decertification procedures, including the
1277	1277	17 conduct of any investigation or hearing, under this Act are
1278	1278	18 the sole and exclusive procedures for certification as law
1279	1279	19 enforcement officers in Illinois and are not subject to
1280	1280	20 collective bargaining under the Illinois Public Labor
1281	1281	21 Relations Act or appealable except as set forth herein. The
1282	1282	22 provisions of any collective bargaining agreement adopted by a
1283	1283	23 law enforcement agency and covering the law enforcement
1284	1284	24 officer or officers under investigation shall be inapplicable
1285	1285	25 to any investigation or hearing conducted under this Act.
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	HB5217 - 34 - LRB103 38096 AWJ 68228 b
1292	1292
1293	1293
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1295	1295	HB5217 - 35 - LRB103 38096 AWJ 68228 b
1296	1296	1 An individual has no property interest in law enforcement
1297	1297	2 certification at the time of initial certification or at any
1298	1298	3 time thereafter, including, but not limited to, after
1299	1299	4 decertification or after the officer's certification has been
1300	1300	5 deemed inactive. However, before taking any action to
1301	1301	6 decertify an officer, whether automatic decertification,
1302	1302	7 discretionary decertification, or lateral hire, the Board must
1303	1303	8 provide the officer with notice and an opportunity to be heard
1304	1304	9 by the Certification Review Panel, if requested. Nothing in
1305	1305	10 this Act shall be construed to create a requirement that a law
1306	1306	11 enforcement agency shall continue to employ a law enforcement
1307	1307	12 officer who has been decertified.
1308	1308	13 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
1309	1309	14 (50 ILCS 705/7)
1310	1310	15 Sec. 7. Rules and standards for schools. The Board shall
1311	1311	16 adopt rules and minimum standards for such schools which shall
1312	1312	17 include, but not be limited to, the following:
1313	1313	18 a. The curriculum for probationary law enforcement
1314	1314	19 officers which shall be offered by all certified schools
1315	1315	20 shall include, but not be limited to, courses of
1316	1316	21 procedural justice, arrest and use and control tactics,
1317	1317	22 search and seizure, including temporary questioning, civil
1318	1318	23 rights, human rights, human relations, cultural
1319	1319	24 competency, including implicit bias and racial and ethnic
1320	1320	25 sensitivity, criminal law, law of criminal procedure,
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326	HB5217 - 35 - LRB103 38096 AWJ 68228 b
1327	1327
1328	1328
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1330	1330	HB5217 - 36 - LRB103 38096 AWJ 68228 b
1331	1331	1 constitutional and proper use of law enforcement
1332	1332	2 authority, crisis intervention training, vehicle and
1333	1333	3 traffic law including uniform and non-discriminatory
1334	1334	4 enforcement of the Illinois Vehicle Code, traffic control
1335	1335	5 and crash investigation, techniques of obtaining physical
1336	1336	6 evidence, court testimonies, statements, reports, firearms
1337	1337	7 training, training in the use of electronic control
1338	1338	8 devices, including the psychological and physiological
1339	1339	9 effects of the use of those devices on humans, first-aid
1340	1340	10 (including cardiopulmonary resuscitation), training in the
1341	1341	11 administration of opioid antagonists as defined in
1342	1342	12 paragraph (1) of subsection (e) of Section 5-23 of the
1343	1343	13 Substance Use Disorder Act, handling of juvenile
1344	1344	14 offenders, recognition of mental conditions and crises,
1345	1345	15 including, but not limited to, the disease of addiction,
1346	1346	16 which require immediate assistance and response and
1347	1347	17 methods to safeguard and provide assistance to a person in
1348	1348	18 need of mental treatment, recognition of abuse, neglect,
1349	1349	19 financial exploitation, and self-neglect of adults with
1350	1350	20 disabilities and older adults, as defined in Section 2 of
1351	1351	21 the Adult Protective Services Act, crimes against the
1352	1352	22 elderly, law of evidence, the hazards of high-speed police
1353	1353	23 vehicle chases with an emphasis on alternatives to the
1354	1354	24 high-speed chase, and physical training. The curriculum
1355	1355	25 shall include specific training in techniques for
1356	1356	26 immediate response to and investigation of cases of
1357	1357
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362	HB5217 - 36 - LRB103 38096 AWJ 68228 b
1363	1363
1364	1364
1365	1365	HB5217- 37 -LRB103 38096 AWJ 68228 b HB5217 - 37 - LRB103 38096 AWJ 68228 b
1366	1366	HB5217 - 37 - LRB103 38096 AWJ 68228 b
1367	1367	1 domestic violence and of sexual assault of adults and
1368	1368	2 children, including cultural perceptions and common myths
1369	1369	3 of sexual assault and sexual abuse as well as interview
1370	1370	4 techniques that are age sensitive and are trauma informed,
1371	1371	5 victim centered, and victim sensitive. The curriculum
1372	1372	6 shall include training in techniques designed to promote
1373	1373	7 effective communication at the initial contact with crime
1374	1374	8 victims and ways to comprehensively explain to victims and
1375	1375	9 witnesses their rights under the Rights of Crime Victims
1376	1376	10 and Witnesses Act and the Crime Victims Compensation Act.
1377	1377	11 The curriculum shall also include training in effective
1378	1378	12 recognition of and responses to stress, trauma, and
1379	1379	13 post-traumatic stress experienced by law enforcement
1380	1380	14 officers that is consistent with Section 25 of the
1381	1381	15 Illinois Mental Health First Aid Training Act in a peer
1382	1382	16 setting, including recognizing signs and symptoms of
1383	1383	17 work-related cumulative stress, issues that may lead to
1384	1384	18 suicide, and solutions for intervention with peer support
1385	1385	19 resources. The curriculum shall include a block of
1386	1386	20 instruction addressing the mandatory reporting
1387	1387	21 requirements under the Abused and Neglected Child
1388	1388	22 Reporting Act. The curriculum shall also include a block
1389	1389	23 of instruction aimed at identifying and interacting with
1390	1390	24 persons with autism and other developmental or physical
1391	1391	25 disabilities, reducing barriers to reporting crimes
1392	1392	26 against persons with autism, and addressing the unique
1393	1393
1394	1394
1395	1395
1396	1396
1397	1397
1398	1398	HB5217 - 37 - LRB103 38096 AWJ 68228 b
1399	1399
1400	1400
1401	1401	HB5217- 38 -LRB103 38096 AWJ 68228 b HB5217 - 38 - LRB103 38096 AWJ 68228 b
1402	1402	HB5217 - 38 - LRB103 38096 AWJ 68228 b
1403	1403	1 challenges presented by cases involving victims or
1404	1404	2 witnesses with autism and other developmental
1405	1405	3 disabilities. The curriculum shall include training in the
1406	1406	4 detection and investigation of all forms of human
1407	1407	5 trafficking. The curriculum shall also include instruction
1408	1408	6 in trauma-informed responses designed to ensure the
1409	1409	7 physical safety and well-being of a child of an arrested
1410	1410	8 parent or immediate family member; this instruction must
1411	1411	9 include, but is not limited to: (1) understanding the
1412	1412	10 trauma experienced by the child while maintaining the
1413	1413	11 integrity of the arrest and safety of officers, suspects,
1414	1414	12 and other involved individuals; (2) de-escalation tactics
1415	1415	13 that would include the use of force when reasonably
1416	1416	14 necessary; and (3) inquiring whether a child will require
1417	1417	15 supervision and care. The curriculum for probationary law
1418	1418	16 enforcement officers shall include: (1) at least 12 hours
1419	1419	17 of hands-on, scenario-based role-playing; (2) at least 6
1420	1420	18 hours of instruction on use of force techniques, including
1421	1421	19 the use of de-escalation techniques to prevent or reduce
1422	1422	20 the need for force whenever safe and feasible; (3)
1423	1423	21 specific training on officer safety techniques, including
1424	1424	22 cover, concealment, and time; and (4) at least 6 hours of
1425	1425	23 training focused on high-risk traffic stops. The
1426	1426	24 curriculum for permanent law enforcement officers shall
1427	1427	25 include, but not be limited to: (1) refresher and
1428	1428	26 in-service training in any of the courses listed above in
1429	1429
1430	1430
1431	1431
1432	1432
1433	1433
1434	1434	HB5217 - 38 - LRB103 38096 AWJ 68228 b
1435	1435
1436	1436
1437	1437	HB5217- 39 -LRB103 38096 AWJ 68228 b HB5217 - 39 - LRB103 38096 AWJ 68228 b
1438	1438	HB5217 - 39 - LRB103 38096 AWJ 68228 b
1439	1439	1 this subparagraph, (2) advanced courses in any of the
1440	1440	2 subjects listed above in this subparagraph, (3) training
1441	1441	3 for supervisory personnel, and (4) specialized training in
1442	1442	4 subjects and fields to be selected by the board. The
1443	1443	5 training in the use of electronic control devices shall be
1444	1444	6 conducted for probationary law enforcement officers,
1445	1445	7 including University police officers. The curriculum shall
1446	1446	8 also include training on the use of a firearms restraining
1447	1447	9 order by providing instruction on the process used to file
1448	1448	10 a firearms restraining order and how to identify
1449	1449	11 situations in which a firearms restraining order is
1450	1450	12 appropriate.
1451	1451	13 b. Minimum courses of study, attendance requirements
1452	1452	14 and equipment requirements.
1453	1453	15 c. Minimum requirements for instructors.
1454	1454	16 d. Minimum basic training requirements, which a
1455	1455	17 probationary law enforcement officer must satisfactorily
1456	1456	18 complete before being eligible for permanent employment as
1457	1457	19 a local law enforcement officer for a participating local
1458	1458	20 governmental or State governmental agency. Those
1459	1459	21 requirements shall include training in first aid
1460	1460	22 (including cardiopulmonary resuscitation).
1461	1461	23 e. Minimum basic training requirements, which a
1462	1462	24 probationary county corrections officer must
1463	1463	25 satisfactorily complete before being eligible for
1464	1464	26 permanent employment as a county corrections officer for a
1465	1465
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470	HB5217 - 39 - LRB103 38096 AWJ 68228 b
1471	1471
1472	1472
1473	1473	HB5217- 40 -LRB103 38096 AWJ 68228 b HB5217 - 40 - LRB103 38096 AWJ 68228 b
1474	1474	HB5217 - 40 - LRB103 38096 AWJ 68228 b
1475	1475	1 participating local governmental agency.
1476	1476	2 f. Minimum basic training requirements which a
1477	1477	3 probationary court security officer must satisfactorily
1478	1478	4 complete before being eligible for permanent employment as
1479	1479	5 a court security officer for a participating local
1480	1480	6 governmental agency. The Board shall establish those
1481	1481	7 training requirements which it considers appropriate for
1482	1482	8 court security officers and shall certify schools to
1483	1483	9 conduct that training.
1484	1484	10 A person hired to serve as a court security officer
1485	1485	11 must obtain from the Board a certificate (i) attesting to
1486	1486	12 the officer's successful completion of the training
1487	1487	13 course; (ii) attesting to the officer's satisfactory
1488	1488	14 completion of a training program of similar content and
1489	1489	15 number of hours that has been found acceptable by the
1490	1490	16 Board under the provisions of this Act; or (iii) attesting
1491	1491	17 to the Board's determination that the training course is
1492	1492	18 unnecessary because of the person's extensive prior law
1493	1493	19 enforcement experience.
1494	1494	20 Individuals who currently serve as court security
1495	1495	21 officers shall be deemed qualified to continue to serve in
1496	1496	22 that capacity so long as they are certified as provided by
1497	1497	23 this Act within 24 months of June 1, 1997 (the effective
1498	1498	24 date of Public Act 89-685). Failure to be so certified,
1499	1499	25 absent a waiver from the Board, shall cause the officer to
1500	1500	26 forfeit his or her position.
1501	1501
1502	1502
1503	1503
1504	1504
1505	1505
1506	1506	HB5217 - 40 - LRB103 38096 AWJ 68228 b
1507	1507
1508	1508
1509	1509	HB5217- 41 -LRB103 38096 AWJ 68228 b HB5217 - 41 - LRB103 38096 AWJ 68228 b
1510	1510	HB5217 - 41 - LRB103 38096 AWJ 68228 b
1511	1511	1 All individuals hired as court security officers on or
1512	1512	2 after June 1, 1997 (the effective date of Public Act
1513	1513	3 89-685) shall be certified within 12 months of the date of
1514	1514	4 their hire, unless a waiver has been obtained by the
1515	1515	5 Board, or they shall forfeit their positions.
1516	1516	6 The Sheriff's Merit Commission, if one exists, or the
1517	1517	7 Sheriff's Office if there is no Sheriff's Merit
1518	1518	8 Commission, shall maintain a list of all individuals who
1519	1519	9 have filed applications to become court security officers
1520	1520	10 and who meet the eligibility requirements established
1521	1521	11 under this Act. Either the Sheriff's Merit Commission, or
1522	1522	12 the Sheriff's Office if no Sheriff's Merit Commission
1523	1523	13 exists, shall establish a schedule of reasonable intervals
1524	1524	14 for verification of the applicants' qualifications under
1525	1525	15 this Act and as established by the Board.
1526	1526	16 g. (Blank). Minimum in-service training requirements,
1527	1527	17 which a law enforcement officer must satisfactorily
1528	1528	18 complete every 3 years. Those requirements shall include
1529	1529	19 constitutional and proper use of law enforcement
1530	1530	20 authority, procedural justice, civil rights, human rights,
1531	1531	21 reporting child abuse and neglect, and cultural
1532	1532	22 competency, including implicit bias and racial and ethnic
1533	1533	23 sensitivity. These trainings shall consist of at least 30
1534	1534	24 hours of training every 3 years.
1535	1535	25 h. (Blank). Minimum in-service training requirements,
1536	1536	26 which a law enforcement officer must satisfactorily
1537	1537
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542	HB5217 - 41 - LRB103 38096 AWJ 68228 b
1543	1543
1544	1544
1545	1545	HB5217- 42 -LRB103 38096 AWJ 68228 b HB5217 - 42 - LRB103 38096 AWJ 68228 b
1546	1546	HB5217 - 42 - LRB103 38096 AWJ 68228 b
1547	1547	1 complete at least annually. Those requirements shall
1548	1548	2 include law updates, emergency medical response training
1549	1549	3 and certification, crisis intervention training, and
1550	1550	4 officer wellness and mental health.
1551	1551	5 i. (Blank). Minimum in-service training requirements
1552	1552	6 as set forth in Section 10.6.
1553	1553	7 Notwithstanding any provision of law to the contrary, the
1554	1554	8 changes made to this Section by Public Act 101-652, Public Act
1555	1555	9 102-28, and Public Act 102-694 take effect July 1, 2022.
1556	1556	10 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
1557	1557	11 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
1558	1558	12 7-1-23; 103-154, eff. 6-30-23.)
1559	1559	13 (50 ILCS 705/7.9 new)
1560	1560	14 Sec. 7.9. System for the development, delivery, and
1561	1561	15 tracking of in-service training courses.
1562	1562	16 (a) The Board shall establish a system for the
1563	1563	17 development, delivery, and tracking of in-service training
1564	1564	18 courses. The Board may designate any training to be delivered
1565	1565	19 electronically as appropriate unless otherwise determined in
1566	1566	20 the Act. The content for these courses shall include, but not
1567	1567	21 be limited to:
1568	1568	22 (1) refresher and in-service training in any of the
1569	1569	23 courses listed in subsection (b);
1570	1570	24 (2) advanced courses in any of the subjects listed in
1571	1571	25 subsection (b);
1572	1572
1573	1573
1574	1574
1575	1575
1576	1576
1577	1577	HB5217 - 42 - LRB103 38096 AWJ 68228 b
1578	1578
1579	1579
1580	1580	HB5217- 43 -LRB103 38096 AWJ 68228 b HB5217 - 43 - LRB103 38096 AWJ 68228 b
1581	1581	HB5217 - 43 - LRB103 38096 AWJ 68228 b
1582	1582	1 (3) training for supervisory personnel; and
1583	1583	2 (4) specialized training in subjects and fields to be
1584	1584	3 selected by the Board.
1585	1585	4 (b) The Board shall establish minimum in-service training
1586	1586	5 requirements that a police officer must satisfactorily
1587	1587	6 complete. Mandatory training shall be completed every 3 years.
1588	1588	7 Beginning January 1, 2026, the training shall consist of at
1589	1589	8 least 40 hours of training over a 3-year period and shall
1590	1590	9 include the topics described in this subsection. Training
1591	1591	10 designated in other statutes shall be incorporated into this
1592	1592	11 Section and shall be governed by the conditions of this
1593	1593	12 Section. Any training conducted in the 3 years prior to the
1594	1594	13 first reporting shall satisfy the requirements under this
1595	1595	14 Section. The training shall provide officers with knowledge of
1596	1596	15 policies and laws regulating the use of force; equip officers
1597	1597	16 with tactics and skills, including de-escalation techniques,
1598	1598	17 to prevent or reduce the need to use force or, when force must
1599	1599	18 be used, to use force that is objectively reasonable,
1600	1600	19 necessary, and proportional under the totality of the
1601	1601	20 circumstances; and ensure appropriate supervision and
1602	1602	21 accountability. The training shall also include training in
1603	1603	22 the following:
1604	1604	23 (1) specific instruction on use of force techniques,
1605	1605	24 including the use of de-escalation techniques to prevent
1606	1606	25 or reduce the need for force whenever safe and feasible,
1607	1607	26 including scenario-based training that can be delivered
1608	1608
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613	HB5217 - 43 - LRB103 38096 AWJ 68228 b
1614	1614
1615	1615
1616	1616	HB5217- 44 -LRB103 38096 AWJ 68228 b HB5217 - 44 - LRB103 38096 AWJ 68228 b
1617	1617	HB5217 - 44 - LRB103 38096 AWJ 68228 b
1618	1618	1 in-person or virtually;
1619	1619	2 (2) specific training focused on high-risk traffic
1620	1620	3 stops;
1621	1621	4 (3) specific training on the law concerning stops,
1622	1622	5 searches, and the use of force under the Fourth Amendment
1623	1623	6 of the United States Constitution;
1624	1624	7 (4) specific training on officer safety techniques,
1625	1625	8 including cover, concealment, and time;
1626	1626	9 (5) cultural competency, including implicit bias and
1627	1627	10 racial and ethnic sensitivity;
1628	1628	11 (6) constitutional and proper use of law enforcement
1629	1629	12 authority;
1630	1630	13 (7) procedural justice;
1631	1631	14 (8) civil rights;
1632	1632	15 (9) human rights;
1633	1633	16 (10) trauma informed response to sexual assault;
1634	1634	17 (11) reporting child abuse and neglect;
1635	1635	18 (12) the psychology of domestic violence;
1636	1636	19 (13) law updates;
1637	1637	20 (14) emergency medical response;
1638	1638	21 (15) crisis intervention;
1639	1639	22 (16) officer wellness and mental health; and
1640	1640	23 (17) firearms restraining order training, including
1641	1641	24 training in firearms restraining orders, how to identify
1642	1642	25 situations in which a firearms restraining order is
1643	1643	26 appropriate, and how to safely promote the usage of the
1644	1644
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649	HB5217 - 44 - LRB103 38096 AWJ 68228 b
1650	1650
1651	1651
1652	1652	HB5217- 45 -LRB103 38096 AWJ 68228 b HB5217 - 45 - LRB103 38096 AWJ 68228 b
1653	1653	HB5217 - 45 - LRB103 38096 AWJ 68228 b
1654	1654	1 firearms restraining order in different situations.
1655	1655	2 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
1656	1656	3 Sec. 8.1. Full-time law enforcement and county corrections
1657	1657	4 officers.
1658	1658	5 (a) No person shall receive a permanent appointment as a
1659	1659	6 law enforcement officer or a permanent appointment as a county
1660	1660	7 corrections officer unless that person has been awarded,
1661	1661	8 within 6 months of the officer's initial full-time employment,
1662	1662	9 a certificate attesting to the officer's successful completion
1663	1663	10 of the Minimum Standards Basic Law Enforcement or County
1664	1664	11 Correctional Training Course as prescribed by the Board; or
1665	1665	12 has been awarded a certificate attesting to the officer's
1666	1666	13 satisfactory completion of a training program of similar
1667	1667	14 content and number of hours and which course has been found
1668	1668	15 acceptable by the Board under the provisions of this Act; or a
1669	1669	16 training waiver by reason of prior law enforcement or county
1670	1670	17 corrections experience, obtained in Illinois, in any other
1671	1671	18 state, or with an agency of the federal government, the basic
1672	1672	19 training requirement is determined by the Board to be
1673	1673	20 illogical and unreasonable. A law enforcement agency may
1674	1674	21 submit a waiver request for a prospective employee before
1675	1675	22 making a conditional offer. A waiver request and decision for
1676	1676	23 an out-of-state officer shall be completed prior to a
1677	1677	24 conditional offer. A prospective officer may be granted a
1678	1678	25 waiver prior to accepting a position. Agencies seeking a
1679	1679
1680	1680
1681	1681
1682	1682
1683	1683
1684	1684	HB5217 - 45 - LRB103 38096 AWJ 68228 b
1685	1685
1686	1686
1687	1687	HB5217- 46 -LRB103 38096 AWJ 68228 b HB5217 - 46 - LRB103 38096 AWJ 68228 b
1688	1688	HB5217 - 46 - LRB103 38096 AWJ 68228 b
1689	1689	1 reciprocity waiver for training completed outside of Illinois
1690	1690	2 must conduct a thorough background check and provide
1691	1691	3 verification of the officer's prior training. After review and
1692	1692	4 satisfaction of all requested conditions, the officer shall be
1693	1693	5 awarded an equivalency certificate satisfying the requirements
1694	1694	6 of this Section. Within 60 days after the effective date of
1695	1695	7 this amendatory Act of the 103rd General Assembly, the Board
1696	1696	8 shall adopt uniform rules providing for a waiver process for a
1697	1697	9 person previously employed and qualified as a law enforcement
1698	1698	10 or county corrections officer under federal law or the laws of
1699	1699	11 any other state, or who has completed a basic law enforcement
1700	1700	12 officer or correctional officer academy who would be qualified
1701	1701	13 to be employed as a law enforcement officer or correctional
1702	1702	14 officer by the federal government or any other state. These
1703	1703	15 rules shall address the process for evaluating prior training
1704	1704	16 credit, a description and list of the courses typically
1705	1705	17 required for reciprocity candidates to complete prior to
1706	1706	18 taking the exam, and a procedure for employers seeking a
1707	1707	19 pre-activation determination for a reciprocity training
1708	1708	20 waiver. The rules shall provide that any eligible person
1709	1709	21 previously trained as a law enforcement or county corrections
1710	1710	22 officer under federal law or the laws of any other state shall
1711	1711	23 successfully complete the following prior to the approval of a
1712	1712	24 waiver:
1713	1713	25 (1) a training program or set of coursework approved
1714	1714	26 by the Board on the laws of this State relevant to the
1715	1715
1716	1716
1717	1717
1718	1718
1719	1719
1720	1720	HB5217 - 46 - LRB103 38096 AWJ 68228 b
1721	1721
1722	1722
1723	1723	HB5217- 47 -LRB103 38096 AWJ 68228 b HB5217 - 47 - LRB103 38096 AWJ 68228 b
1724	1724	HB5217 - 47 - LRB103 38096 AWJ 68228 b
1725	1725	1 duties and training requirements of law enforcement and
1726	1726	2 county correctional officers;
1727	1727	3 (2) firearms training; and
1728	1728	4 (3) successful passage of the equivalency
1729	1729	5 certification examination.
1730	1730	6 Upon receiving final notification from the Board on
1731	1731	7 training required for any waiver, the employing agency shall
1732	1732	8 ensure all necessary training is completed within 6 months of
1733	1733	9 the training being available. If such training is required and
1734	1734	10 not completed within the applicable 6 months, then the officer
1735	1735	11 must forfeit the officer's position, or the employing agency
1736	1736	12 must obtain a waiver from the Board extending the period for
1737	1737	13 compliance. Such waiver shall be issued only for good and
1738	1738	14 justifiable reasons, and in no case shall extend more than 90
1739	1739	15 days beyond the initial 6 months. Any hiring agency that fails
1740	1740	16 to train a law enforcement officer within this period shall be
1741	1741	17 prohibited from employing this individual in a law enforcement
1742	1742	18 capacity for one year from the date training was to be
1743	1743	19 completed. If an agency again fails to train the individual a
1744	1744	20 second time, the agency shall be permanently barred from
1745	1745	21 employing this individual in a law enforcement capacity.
1746	1746	22 An individual who is not certified by the Board or whose
1747	1747	23 certified status is inactive shall not function as a law
1748	1748	24 enforcement officer, be assigned the duties of a law
1749	1749	25 enforcement officer by an employing agency, or be authorized
1750	1750	26 to carry firearms under the authority of the employer, except
1751	1751
1752	1752
1753	1753
1754	1754
1755	1755
1756	1756	HB5217 - 47 - LRB103 38096 AWJ 68228 b
1757	1757
1758	1758
1759	1759	HB5217- 48 -LRB103 38096 AWJ 68228 b HB5217 - 48 - LRB103 38096 AWJ 68228 b
1760	1760	HB5217 - 48 - LRB103 38096 AWJ 68228 b
1761	1761	1 as otherwise authorized to carry a firearm under State or
1762	1762	2 federal law. Sheriffs who are elected as of January 1, 2022
1763	1763	3 (the effective date of Public Act 101-652) are exempt from the
1764	1764	4 requirement of certified status. Failure to be certified in
1765	1765	5 accordance with this Act shall cause the officer to forfeit
1766	1766	6 the officer's position.
1767	1767	7 An employing agency may not grant a person status as a law
1768	1768	8 enforcement officer unless the person has been granted an
1769	1769	9 active law enforcement officer certification by the Board.
1770	1770	10 (b) Inactive status. A person who has an inactive law
1771	1771	11 enforcement officer certification has no law enforcement
1772	1772	12 authority.
1773	1773	13 (1) A law enforcement officer's certification becomes
1774	1774	14 inactive upon termination, resignation, retirement, or
1775	1775	15 separation from the officer's employing law enforcement
1776	1776	16 agency for any reason unless there is less than a 24-month
1777	1777	17 break in service between law enforcement agencies. The
1778	1778	18 Board shall re-activate a certification upon written
1779	1779	19 application from the law enforcement officer's law
1780	1780	20 enforcement agency that shows the law enforcement officer:
1781	1781	21 (i) has accepted a full-time law enforcement position with
1782	1782	22 that law enforcement agency, (ii) is not the subject of a
1783	1783	23 decertification proceeding, and (iii) meets all other
1784	1784	24 criteria for re-activation required by the Board. The
1785	1785	25 Board may also establish special training requirements to
1786	1786	26 be completed as a condition for re-activation. However, an
1787	1787
1788	1788
1789	1789
1790	1790
1791	1791
1792	1792	HB5217 - 48 - LRB103 38096 AWJ 68228 b
1793	1793
1794	1794
1795	1795	HB5217- 49 -LRB103 38096 AWJ 68228 b HB5217 - 49 - LRB103 38096 AWJ 68228 b
1796	1796	HB5217 - 49 - LRB103 38096 AWJ 68228 b
1797	1797	1 officer with less than a 24-month break in service will
1798	1798	2 not require reactivation and his waiver request could be
1799	1799	3 reviewed under subsection (a).
1800	1800	4 The Board shall review a notice for reactivation from
1801	1801	5 a law enforcement agency and provide a response within 30
1802	1802	6 days. The Board may extend this review. A law enforcement
1803	1803	7 officer shall be allowed to be employed as a full-time law
1804	1804	8 enforcement officer while the law enforcement officer
1805	1805	9 reactivation waiver is under review.
1806	1806	10 A law enforcement officer who is refused reactivation
1807	1807	11 or an employing agency of a law enforcement officer who is
1808	1808	12 refused reactivation under this Section may request a
1809	1809	13 hearing in accordance with the hearing procedures as
1810	1810	14 outlined in subsection (h) of Section 6.3 of this Act.
1811	1811	15 The Board may refuse to re-activate the certification
1812	1812	16 of a law enforcement officer who was involuntarily
1813	1813	17 terminated for good cause by an employing agency for
1814	1814	18 conduct subject to decertification under this Act or
1815	1815	19 resigned or retired after receiving notice of a law
1816	1816	20 enforcement agency's investigation.
1817	1817	21 (2) A law enforcement agency may place an officer who
1818	1818	22 is currently certified on inactive status by sending a
1819	1819	23 written request to the Board. A law enforcement officer
1820	1820	24 whose certificate has been placed on inactive status shall
1821	1821	25 not function as a law enforcement officer until the
1822	1822	26 officer has completed any requirements for reactivating
1823	1823
1824	1824
1825	1825
1826	1826
1827	1827
1828	1828	HB5217 - 49 - LRB103 38096 AWJ 68228 b
1829	1829
1830	1830
1831	1831	HB5217- 50 -LRB103 38096 AWJ 68228 b HB5217 - 50 - LRB103 38096 AWJ 68228 b
1832	1832	HB5217 - 50 - LRB103 38096 AWJ 68228 b
1833	1833	1 the certificate as required by the Board. A request for
1834	1834	2 inactive status in this subsection shall be in writing,
1835	1835	3 accompanied by verifying documentation, and shall be
1836	1836	4 submitted to the Board with a copy to the chief
1837	1837	5 administrator of the law enforcement officer's current or
1838	1838	6 new employing agency.
1839	1839	7 (3) Certification that has become inactive under
1840	1840	8 paragraph (2) of this subsection (b) shall be reactivated
1841	1841	9 by written notice from the law enforcement officer's
1842	1842	10 agency upon a showing that the law enforcement officer:
1843	1843	11 (i) is employed in a full-time law enforcement position
1844	1844	12 with the same law enforcement agency, (ii) is not the
1845	1845	13 subject of a decertification proceeding, and (iii) meets
1846	1846	14 all other criteria for re-activation required by the
1847	1847	15 Board.
1848	1848	16 (4) Notwithstanding paragraph (3) of this subsection
1849	1849	17 (b), a law enforcement officer whose certification has
1850	1850	18 become inactive under paragraph (2) may have the officer's
1851	1851	19 employing agency submit a request for a waiver of training
1852	1852	20 requirements to the Board in writing and accompanied by
1853	1853	21 any verifying documentation. A grant of a waiver is within
1854	1854	22 the discretion of the Board. Within 7 days of receiving a
1855	1855	23 request for a waiver under this Section, the Board shall
1856	1856	24 notify the law enforcement officer and the chief
1857	1857	25 administrator of the law enforcement officer's employing
1858	1858	26 agency, whether the request has been granted, denied, or
1859	1859
1860	1860
1861	1861
1862	1862
1863	1863
1864	1864	HB5217 - 50 - LRB103 38096 AWJ 68228 b
1865	1865
1866	1866
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1868	1868	HB5217 - 51 - LRB103 38096 AWJ 68228 b
1869	1869	1 if the Board will take additional time for information. A
1870	1870	2 law enforcement agency whose request for a waiver under
1871	1871	3 this subsection is denied is entitled to request a review
1872	1872	4 of the denial by the Board. The law enforcement agency
1873	1873	5 must request a review within 20 days of the waiver being
1874	1874	6 denied. The burden of proof shall be on the law
1875	1875	7 enforcement agency to show why the law enforcement officer
1876	1876	8 is entitled to a waiver of the legislatively required
1877	1877	9 training and eligibility requirements.
1878	1878	10 (c) No provision of this Section shall be construed to
1879	1879	11 mean that a county corrections officer employed by a
1880	1880	12 governmental agency at the time of the effective date of this
1881	1881	13 amendatory Act, either as a probationary county corrections
1882	1882	14 officer or as a permanent county corrections officer, shall
1883	1883	15 require certification under the provisions of this Section. No
1884	1884	16 provision of this Section shall be construed to apply to
1885	1885	17 certification of elected county sheriffs.
1886	1886	18 (d) Within 14 days, a law enforcement officer shall report
1887	1887	19 to the Board: (1) any name change; (2) any change in
1888	1888	20 employment; or (3) the filing of any criminal indictment or
1889	1889	21 charges against the officer alleging that the officer
1890	1890	22 committed any offense as enumerated in Section 6.1 of this
1891	1891	23 Act.
1892	1892	24 (e) All law enforcement officers must report the
1893	1893	25 completion of the training requirements required in this Act
1894	1894	26 in compliance with Section 8.4 of this Act.
1895	1895
1896	1896
1897	1897
1898	1898
1899	1899
1900	1900	HB5217 - 51 - LRB103 38096 AWJ 68228 b
1901	1901
1902	1902
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1904	1904	HB5217 - 52 - LRB103 38096 AWJ 68228 b
1905	1905	1 (e-1) Each employing law enforcement agency shall allow
1906	1906	2 and provide an opportunity for a law enforcement officer to
1907	1907	3 complete the mandated requirements in this Act. All mandated
1908	1908	4 training shall be provided at no cost to the employees.
1909	1909	5 Employees shall be paid for all time spent attending mandated
1910	1910	6 training.
1911	1911	7 (e-2) Each agency, academy, or training provider shall
1912	1912	8 maintain proof of a law enforcement officer's completion of
1913	1913	9 legislatively required training in a format designated by the
1914	1914	10 Board. The report of training shall be submitted to the Board
1915	1915	11 within 30 days following completion of the training. A copy of
1916	1916	12 the report shall be submitted to the law enforcement officer.
1917	1917	13 Upon receipt of a properly completed report of training, the
1918	1918	14 Board will make the appropriate entry into the training
1919	1919	15 records of the law enforcement officer.
1920	1920	16 (f) This Section does not apply to part-time law
1921	1921	17 enforcement officers or probationary part-time law enforcement
1922	1922	18 officers.
1923	1923	19 (g) Notwithstanding any provision of law to the contrary,
1924	1924	20 the changes made to this Section by Public Act 101-652, Public
1925	1925	21 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
1926	1926	22 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
1927	1927	23 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
1928	1928	24 (50 ILCS 705/8.4)
1929	1929	25 Sec. 8.4. Law enforcement compliance verification.
1930	1930
1931	1931
1932	1932
1933	1933
1934	1934
1935	1935	HB5217 - 52 - LRB103 38096 AWJ 68228 b
1936	1936
1937	1937
1938	1938	HB5217- 53 -LRB103 38096 AWJ 68228 b HB5217 - 53 - LRB103 38096 AWJ 68228 b
1939	1939	HB5217 - 53 - LRB103 38096 AWJ 68228 b
1940	1940	1 (a)(1) Unless on inactive status under subsection (b) of
1941	1941	2 Section 8.1 or subsection (b) of Section 8.2, every law
1942	1942	3 enforcement agency officer subject to this Act shall annually
1943	1943	4 submit a verification form for every law enforcement officer
1944	1944	5 subject to this Act that confirms compliance with this Act.
1945	1945	6 The verification shall apply to the 3 calendar years preceding
1946	1946	7 the date of verification. Law enforcement officers shall
1947	1947	8 submit the officer's first report by January 30 during the
1948	1948	9 initial three-year reporting period, as determined on the
1949	1949	10 basis of the law enforcement officer's last name under
1950	1950	11 paragraph (2) of this subsection then every third year of the
1951	1951	12 officer's applicable three-year report period as determined by
1952	1952	13 the Board. At the conclusion of each law enforcement officer's
1953	1953	14 applicable reporting period, the chief administrative officer
1954	1954	15 of the officer's employer shall law enforcement agency is to
1955	1955	16 determine the compliance with the training requirements of
1956	1956	17 each officer under this Section. An officer must also may
1957	1957	18 verify the officer's their successful completion of training
1958	1958	19 requirements with the officer's their law enforcement agency.
1959	1959	20 Each law enforcement officer is responsible for reporting and
1960	1960	21 demonstrating compliance to the officer's chief administrative
1961	1961	22 officer.
1962	1962	23 (2) The applicable three-year reporting period shall begin
1963	1963	24 on January 30, 2023 for law enforcement officers whose last
1964	1964	25 names being with the letters A through G, on January 30, 2024
1965	1965	26 for law enforcement officers whose last names being with the
1966	1966
1967	1967
1968	1968
1969	1969
1970	1970
1971	1971	HB5217 - 53 - LRB103 38096 AWJ 68228 b
1972	1972
1973	1973
1974	1974	HB5217- 54 -LRB103 38096 AWJ 68228 b HB5217 - 54 - LRB103 38096 AWJ 68228 b
1975	1975	HB5217 - 54 - LRB103 38096 AWJ 68228 b
1976	1976	1 letters H through O, and January 30, 2025 for law enforcement
1977	1977	2 officers whose last names being with the letters P through Z.
1978	1978	3 (3) The compliance verification form shall be in a form
1979	1979	4 and manner prescribed by the Board and, at a minimum, include
1980	1980	5 the following: (i) verification that the law enforcement
1981	1981	6 officer has completed the mandatory training programs in the
1982	1982	7 preceding 3 years; (ii) the law enforcement officer's current
1983	1983	8 employment information, including but not limited to, the
1984	1984	9 termination of any previous law enforcement or security
1985	1985	10 employment in the relevant time period; and (iii) a statement
1986	1986	11 verifying that the officer has not committed misconduct under
1987	1987	12 Section 6.1.
1988	1988	13 (b) (1) On October 1 of each year, the Board shall send
1989	1989	14 notice to all certified law enforcement officers and law
1990	1990	15 enforcement agencies, unless exempted in (a), of the upcoming
1991	1991	16 deadline to submit the compliance verification form. No later
1992	1992	17 than March 1 of each year, the Board shall send notice to all
1993	1993	18 certified law enforcement officers who have failed to submit
1994	1994	19 the compliance verification form, as well as the officer's law
1995	1995	20 enforcement agencies. The Board shall not send a notice of
1996	1996	21 noncompliance to law enforcement officers whom the Board
1997	1997	22 knows, based on the status of the law enforcement officer's
1998	1998	23 certification status, are inactive or retired. The Board may
1999	1999	24 accept compliance verification forms until April 1 of the year
2000	2000	25 in which a law enforcement officer is required to submit the
2001	2001	26 form.
2002	2002
2003	2003
2004	2004
2005	2005
2006	2006
2007	2007	HB5217 - 54 - LRB103 38096 AWJ 68228 b
2008	2008
2009	2009
2010	2010	HB5217- 55 -LRB103 38096 AWJ 68228 b HB5217 - 55 - LRB103 38096 AWJ 68228 b
2011	2011	HB5217 - 55 - LRB103 38096 AWJ 68228 b
2012	2012	1 (2) No earlier than April 1 of the year in which a law
2013	2013	2 enforcement officer is required to submit a verification form,
2014	2014	3 the Board may determine a law enforcement officer's
2015	2015	4 certification to be inactive if the law enforcement officer
2016	2016	5 failed to either: (1) submit a compliance verification in
2017	2017	6 accordance with this Section; or (2) report an exemption from
2018	2018	7 the requirements of this Section. The Board shall then send
2019	2019	8 notice, by mail or email, to any such law enforcement officer
2020	2020	9 and the officer's law enforcement agency that the officer's
2021	2021	10 certificate will be deemed inactive on the date specified in
2022	2022	11 the notice, which shall be no sooner than 21 days from the date
2023	2023	12 of the notice, because of the officer's failure to comply or
2024	2024	13 report compliance, or failure to report an exemption. The
2025	2025	14 Board shall deem inactive the certificate of such law
2026	2026	15 enforcement officers on the date specified in the notice
2027	2027	16 unless the Board determines before that date that the law
2028	2028	17 enforcement officer has complied. A determination that a
2029	2029	18 certificate is inactive under this section is not a
2030	2030	19 disciplinary sanction.
2031	2031	20 (3) A law enforcement officer who was on inactive status
2032	2032	21 shall, upon return to active status, be required to complete
2033	2033	22 the deferred training programs within 1 year.
2034	2034	23 (4) The Board may waive the reporting requirements, as
2035	2035	24 required in this section, if the law enforcement officer or
2036	2036	25 the officer's law enforcement agency demonstrates the
2037	2037	26 existence of mitigating circumstances justifying the law
2038	2038
2039	2039
2040	2040
2041	2041
2042	2042
2043	2043	HB5217 - 55 - LRB103 38096 AWJ 68228 b
2044	2044
2045	2045
2046	2046	HB5217- 56 -LRB103 38096 AWJ 68228 b HB5217 - 56 - LRB103 38096 AWJ 68228 b
2047	2047	HB5217 - 56 - LRB103 38096 AWJ 68228 b
2048	2048	1 enforcement officer's failure to obtain the training
2049	2049	2 requirements due to failure of the officer's law enforcement
2050	2050	3 agency or the Board to offer the training requirement during
2051	2051	4 the officer's required compliance verification period. If the
2052	2052	5 Board finds that the law enforcement officer can meet the
2053	2053	6 training requirements with extended time, the Board may allow
2054	2054	7 the law enforcement officer a maximum of six additional months
2055	2055	8 to complete the requirements.
2056	2056	9 (5) A request for a training waiver under this subsection
2057	2057	10 due to the mitigating circumstance shall be in writing,
2058	2058	11 accompanied by verifying documentation, and shall be submitted
2059	2059	12 to the Board not less than 30 days before the end of the law
2060	2060	13 enforcement officer's required compliance verification period.
2061	2061	14 (6) A law enforcement officer whose request for waiver
2062	2062	15 under this subsection is denied, is entitled to a request for a
2063	2063	16 review by the Board. The law enforcement officer or the
2064	2064	17 officer's law enforcement agency must request a review within
2065	2065	18 20 days after the waiver being denied. The burden of proof
2066	2066	19 shall be on the law enforcement officer to show why the officer
2067	2067	20 is entitled to a waiver.
2068	2068	21 (c) Recordkeeping and audits.
2069	2069	22 (1) For four years after the end of each reporting
2070	2070	23 period, each certified law enforcement officer shall
2071	2071	24 maintain sufficient documentation necessary to corroborate
2072	2072	25 compliance with the mandatory training requirements under
2073	2073	26 this Act.
2074	2074
2075	2075
2076	2076
2077	2077
2078	2078
2079	2079	HB5217 - 56 - LRB103 38096 AWJ 68228 b
2080	2080
2081	2081
2082	2082	HB5217- 57 -LRB103 38096 AWJ 68228 b HB5217 - 57 - LRB103 38096 AWJ 68228 b
2083	2083	HB5217 - 57 - LRB103 38096 AWJ 68228 b
2084	2084	1 (2) Notwithstanding any other provision in state law,
2085	2085	2 for four years after the end of each reporting period,
2086	2086	3 each law enforcement agency shall maintain sufficient
2087	2087	4 documentation necessary to corroborate compliance with the
2088	2088	5 mandatory training requirements under this Act of each
2089	2089	6 officer it employs or employed within the relevant time
2090	2090	7 period.
2091	2091	8 (3) The Board may audit compliance verification forms
2092	2092	9 submitted to determine the accuracy of the submissions.
2093	2093	10 The audit may include but is not limited to, training
2094	2094	11 verification and a law enforcement officer background
2095	2095	12 check.
2096	2096	13 (d) Audits that reveal an inaccurate verification.
2097	2097	14 (1) If an audit conducted under paragraph (3) of
2098	2098	15 subsection (c) of this Section reveals inaccurate
2099	2099	16 information, the Board shall provide the law enforcement
2100	2100	17 officer and employing law enforcement agency with written
2101	2101	18 notice containing: (i) the results of the audit,
2102	2102	19 specifying each alleged inaccuracy; (ii) a summary of the
2103	2103	20 basis of that determination; and (iii) a deadline, which
2104	2104	21 shall be at least 30 days from the date of the notice, for
2105	2105	22 the law enforcement officer to file a written response if
2106	2106	23 the law enforcement officer objects to any of the contents
2107	2107	24 of the notice.
2108	2108	25 (2) After considering any response from the law
2109	2109	26 enforcement officer, if the Board determines that the law
2110	2110
2111	2111
2112	2112
2113	2113
2114	2114
2115	2115	HB5217 - 57 - LRB103 38096 AWJ 68228 b
2116	2116
2117	2117
2118	2118	HB5217- 58 -LRB103 38096 AWJ 68228 b HB5217 - 58 - LRB103 38096 AWJ 68228 b
2119	2119	HB5217 - 58 - LRB103 38096 AWJ 68228 b
2120	2120	1 enforcement officer filed an inaccurate verification, the
2121	2121	2 law enforcement officer shall be given 60 days in which to
2122	2122	3 file an amended verification form, together with all
2123	2123	4 documentation specified in paragraph (e)(1), demonstrating
2124	2124	5 full compliance with the applicable requirements.
2125	2125	6 (3) If the results of the audit suggest that the law
2126	2126	7 enforcement officer willfully filed a false verification
2127	2127	8 form, the Board shall submit a formal complaint to the
2128	2128	9 Panel for decertification. An officer who has been
2129	2129	10 decertified for willfully filing a false verification form
2130	2130	11 shall not be eligible for reactivation under subsection
2131	2131	12 (e).
2132	2132	13 (e) Reactivation. A law enforcement officer who has been
2133	2133	14 deemed inactive due to noncompliance with the reporting
2134	2134	15 requirements under paragraph (a)(1) may request to have the
2135	2135	16 Board re-activate his or her certification upon submitting a
2136	2136	17 compliance verification form that shows full compliance for
2137	2137	18 the period in which the law enforcement officer was deemed
2138	2138	19 inactive due to noncompliance. The Board shall make a
2139	2139	20 determination regarding a submission under this subsection
2140	2140	21 active no later than 7 days after the Board determines full
2141	2141	22 compliance or continued noncompliance.
2142	2142	23 A law enforcement officer whose request for reactivation
2143	2143	24 under this subsection (e) is denied is entitled to request a
2144	2144	25 review by the Board. The law enforcement officer or the
2145	2145	26 officer's law enforcement agency must request a review within
2146	2146
2147	2147
2148	2148
2149	2149
2150	2150
2151	2151	HB5217 - 58 - LRB103 38096 AWJ 68228 b
2152	2152
2153	2153
2154	2154	HB5217- 59 -LRB103 38096 AWJ 68228 b HB5217 - 59 - LRB103 38096 AWJ 68228 b
2155	2155	HB5217 - 59 - LRB103 38096 AWJ 68228 b
2156	2156	1 20 days after reactivation being denied. The burden of proof
2157	2157	2 shall be on the law enforcement officer or law enforcement
2158	2158	3 agency to show that the officer is in full compliance.
2159	2159	4 (f) Notwithstanding any provision of law to the contrary,
2160	2160	5 the changes made to this Section by this amendatory Act of the
2161	2161	6 102nd General Assembly and Public Act 101-652 take effect July
2162	2162	7 1, 2022.
2163	2163	8 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
2164	2164	9 (50 ILCS 705/9.2)
2165	2165	10 Sec. 9.2. Officer professional conduct database;
2166	2166	11 transparency.
2167	2167	12 (a) All law enforcement agencies and the Illinois State
2168	2168	13 Police shall notify the Board of any final determination of a
2169	2169	14 willful violation of department, agency, or the Illinois State
2170	2170	15 Police policy, official misconduct, or violation of law within
2171	2171	16 10 days after all appeals are exhausted after a final decision
2172	2172	17 is made when:
2173	2173	18 (1) the determination leads to a suspension of at
2174	2174	19 least 10 days;
2175	2175	20 (2) (blank); any infraction that would trigger an
2176	2176	21 official or formal investigation under a law enforcement
2177	2177	22 agency or the Illinois State Police policy;
2178	2178	23 (3) there is an allegation of misconduct or regarding
2179	2179	24 truthfulness as to a material fact, bias, or integrity; or
2180	2180	25 (4) the officer resigns or retires during the course
2181	2181
2182	2182
2183	2183
2184	2184
2185	2185
2186	2186	HB5217 - 59 - LRB103 38096 AWJ 68228 b
2187	2187
2188	2188
2189	2189	HB5217- 60 -LRB103 38096 AWJ 68228 b HB5217 - 60 - LRB103 38096 AWJ 68228 b
2190	2190	HB5217 - 60 - LRB103 38096 AWJ 68228 b
2191	2191	1 of a formal an investigation, as that term is defined
2192	2192	2 under Section 2 of the Uniform Peace Officers'
2193	2193	3 Disciplinary Act, and the officer has been served notice
2194	2194	4 that the officer is under a formal investigation.
2195	2195	5 Agencies and the Illinois State Police may report to the
2196	2196	6 Board any conduct they deem appropriate to disseminate to
2197	2197	7 another law enforcement agency regarding a law enforcement
2198	2198	8 officer.
2199	2199	9 The agency or the Illinois State Police shall report to
2200	2200	10 the Board within 10 days of a final determination and final
2201	2201	11 exhaustion of any administrative appeal, or the law
2202	2202	12 enforcement officer's resignation or retirement, and shall
2203	2203	13 provide information regarding the nature of the violation.
2204	2204	14 This notification shall not necessarily trigger certification
2205	2205	15 review.
2206	2206	16 A law enforcement agency and the Illinois State Police
2207	2207	17 shall be immune from liability for a disclosure made as
2208	2208	18 described in this subsection, unless the disclosure would
2209	2209	19 constitute intentional misrepresentation or gross negligence.
2210	2210	20 (b) Within 14 days after receiving notification from a law
2211	2211	21 enforcement agency or the Illinois State Police, the Board
2212	2212	22 must notify the law enforcement officer of the report and the
2213	2213	23 officer's right to provide a statement regarding the reported
2214	2214	24 violation. The law enforcement officer shall have 14 days from
2215	2215	25 receiving notice to provide a written objection contesting
2216	2216	26 information included in the agency's report. The objection
2217	2217
2218	2218
2219	2219
2220	2220
2221	2221
2222	2222	HB5217 - 60 - LRB103 38096 AWJ 68228 b
2223	2223
2224	2224
2225	2225	HB5217- 61 -LRB103 38096 AWJ 68228 b HB5217 - 61 - LRB103 38096 AWJ 68228 b
2226	2226	HB5217 - 61 - LRB103 38096 AWJ 68228 b
2227	2227	1 must be filed with the Board on a form prescribed by the Board
2228	2228	2 and a copy must be served on the law enforcement agency. The
2229	2229	3 objection shall remain in the database with the reported
2230	2230	4 violation.
2231	2231	5 (c) The Board shall maintain a database readily available
2232	2232	6 to any chief administrative officer, or the officer's
2233	2233	7 designee, of a law enforcement agency and the Illinois State
2234	2234	8 Police that shall show for each law enforcement officer: (i)
2235	2235	9 dates of certification, decertification, and inactive status;
2236	2236	10 (ii) each sustained instance of departmental misconduct that
2237	2237	11 lead to a suspension at least 10 days or any infraction that
2238	2238	12 would trigger an official or formal investigation under the
2239	2239	13 law enforcement agency policy, any allegation of misconduct
2240	2240	14 regarding truthfulness as to a material fact, bias, or
2241	2241	15 integrity, or any other reported violation, the nature of the
2242	2242	16 violation, the reason for the final decision of discharge or
2243	2243	17 dismissal, and any statement provided by the officer; (iii)
2244	2244	18 date of separation from employment from any local or state law
2245	2245	19 enforcement agency; (iv) the reason for separation from
2246	2246	20 employment, including, but not limited to: whether the
2247	2247	21 separation was based on misconduct or occurred while the law
2248	2248	22 enforcement agency was conducting an investigation of the
2249	2249	23 certified individual for a violation of an employing agency's
2250	2250	24 rules, policy or procedure or other misconduct or improper
2251	2251	25 action.
2252	2252	26 (1) This database shall also be accessible to the
2253	2253
2254	2254
2255	2255
2256	2256
2257	2257
2258	2258	HB5217 - 61 - LRB103 38096 AWJ 68228 b
2259	2259
2260	2260
2261	2261	HB5217- 62 -LRB103 38096 AWJ 68228 b HB5217 - 62 - LRB103 38096 AWJ 68228 b
2262	2262	HB5217 - 62 - LRB103 38096 AWJ 68228 b
2263	2263	1 State's Attorney of any county in this State and the
2264	2264	2 Attorney General for the purpose of complying with
2265	2265	3 obligations under Brady v. Maryland (373 U.S. 83) or
2266	2266	4 Giglio v. United States (405 U.S. 150). This database
2267	2267	5 shall also be accessible to the chief administrative
2268	2268	6 officer of any law enforcement agency for the purposes of
2269	2269	7 hiring law enforcement officers. This database shall not
2270	2270	8 be accessible to anyone not listed in this subsection.
2271	2271	9 (2) Before a law enforcement agency may appoint a law
2272	2272	10 enforcement officer or a person seeking a certification as
2273	2273	11 a law enforcement officer in this State, the chief
2274	2274	12 administrative officer or designee must check the Officer
2275	2275	13 Professional Conduct Database, contact each person's
2276	2276	14 previous law enforcement employers, and document the
2277	2277	15 contact. This documentation must be available for review
2278	2278	16 by the Board for a minimum of five years after the law
2279	2279	17 enforcement officer's termination, retirement,
2280	2280	18 resignation or separation with that agency.
2281	2281	19 (3) The database, documents, materials, or other
2282	2282	20 information in the possession or control of the Board that
2283	2283	21 are obtained by or disclosed to the Board under this
2284	2284	22 subsection shall be confidential by law and privileged,
2285	2285	23 shall not be subject to subpoena, and shall not be subject
2286	2286	24 to discovery or admissible in evidence in any private
2287	2287	25 civil action when sought from the Board. However, the
2288	2288	26 Board is authorized to use such documents, materials, or
2289	2289
2290	2290
2291	2291
2292	2292
2293	2293
2294	2294	HB5217 - 62 - LRB103 38096 AWJ 68228 b
2295	2295
2296	2296
2297	2297	HB5217- 63 -LRB103 38096 AWJ 68228 b HB5217 - 63 - LRB103 38096 AWJ 68228 b
2298	2298	HB5217 - 63 - LRB103 38096 AWJ 68228 b
2299	2299	1 other information in furtherance of any regulatory or
2300	2300	2 legal action brought as part of the Board's official
2301	2301	3 duties. The Board shall not disclose the database or make
2302	2302	4 such documents, materials, or other information it has
2303	2303	5 obtained or that has been disclosed to it to the public.
2304	2304	6 Neither the Board nor any person who received documents,
2305	2305	7 materials or other information shared under this
2306	2306	8 subsection shall be required to testify in any private
2307	2307	9 civil action concerning the database or any confidential
2308	2308	10 documents, materials, or information subject to this
2309	2309	11 subsection.
2310	2310	12 (d) The Board shall maintain a searchable database of law
2311	2311	13 enforcement officers accessible to the public that shall
2312	2312	14 include: (i) the law enforcement officer's employing agency;
2313	2313	15 (ii) the date of the officer's initial certification and the
2314	2314	16 officer's current certification status; and (iii) any
2315	2315	17 sustained complaint of misconduct that resulted in
2316	2316	18 decertification and the date thereof; provided, however, that
2317	2317	19 information shall not be included in the database that would
2318	2318	20 allow the public to ascertain the home address of an officer or
2319	2319	21 another person; provided further, that information regarding
2320	2320	22 an officer's or another person's family member shall not be
2321	2321	23 included in the database. The Board shall make the database
2322	2322	24 publicly available on its website.
2323	2323	25 (e) The Board shall maintain a searchable database of all
2324	2324	26 completed investigations against law enforcement officers
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2335	2335	1 related to decertification. The database shall identify each
2336	2336	2 law enforcement officer by a confidential and anonymous number
2337	2337	3 and include: (i) the law enforcement officer's employing
2338	2338	4 agency; (ii) the date of the incident referenced in the
2339	2339	5 complaint; (iii) the location of the incident; (iv) the race
2340	2340	6 and ethnicity of each officer involved in the incident; (v)
2341	2341	7 the age, gender, race and ethnicity of each person involved in
2342	2342	8 the incident, if known; (vi) whether a person in the
2343	2343	9 complaint, including a law enforcement officer, was injured,
2344	2344	10 received emergency medical care, was hospitalized or died as a
2345	2345	11 result of the incident; (vii) the law enforcement agency or
2346	2346	12 other entity assigned to conduct an investigation of the
2347	2347	13 incident; (viii) when the investigation was completed; (ix)
2348	2348	14 whether the complaint was sustained or not sustained or the
2349	2349	15 officer was
2350	2350	exonerated; and (x) the type of misconduct
2351	2351	16 investigated; provided, however, that the Board shall redact
2352	2352	17 or withhold such information as necessary to prevent the
2353	2353	18 disclosure of the identity of an officer. The Board shall make
2354	2354	19 the database publicly available on its website.
2355	2355	20 (e-1) An investigation is complete when the investigation
2356	2356	21 has either been terminated or the decertification action,
2357	2357	22 including the administrative review process, has been
2358	2358	23 completed, whichever is later.
2359	2359	24 (e-2) At any time, a law enforcement officer shall have
2360	2360	25 access to the law enforcement officer's own records on file
2361	2361	26 with the Board, as it pertains to the databases in this
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2372	2372	1 Section.
2373	2373	2 (f) Annual report. The Board shall submit an annual report
2374	2374	3 to the Governor, Attorney General, President and Minority
2375	2375	4 Leader of the Senate, and the Speaker and Minority Leader of
2376	2376	5 the House of Representatives on or before March 1, 2023, and
2377	2377	6 every year thereafter indicating:
2378	2378	7 (1) the number of complaints received in the preceding
2379	2379	8 calendar year, including but not limited to the race,
2380	2380	9 gender, and type of discretionary decertification
2381	2381	10 complaints received;
2382	2382	11 (2) the number of investigations initiated in the
2383	2383	12 preceding calendar year since the date of the last report;
2384	2384	13 (3) the number of investigations concluded in the
2385	2385	14 preceding calendar year;
2386	2386	15 (4) the number of investigations pending as of the
2387	2387	16 last date of the preceding calendar year;
2388	2388	17 (5) the number of hearings held in the preceding
2389	2389	18 calendar year; and
2390	2390	19 (6) the number of officers decertified in the
2391	2391	20 preceding calendar year.
2392	2392	21 The annual report shall be publicly available on the
2393	2393	22 website of the Board.
2394	2394	23 (g) Nothing in this Section shall exempt a law enforcement
2395	2395	24 agency from which the Board has obtained data, documents,
2396	2396	25 materials, or other information or that has disclosed data,
2397	2397	26 documents, materials, or other information to the Board from
2398	2398
2399	2399
2400	2400
2401	2401
2402	2402
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2408	2408	1 disclosing public records in accordance with the Freedom of
2409	2409	2 Information Act.
2410	2410	3 (h) Notwithstanding any provision of law to the contrary,
2411	2411	4 the changes made to this Section by this amendatory Act of the
2412	2412	5 102nd General Assembly and Public Act 101-652 take effect July
2413	2413	6 1, 2022.
2414	2414	7 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
2415	2415	8 (50 ILCS 705/10.7)
2416	2416	9 Sec. 10.7. Mandatory training; police chief and deputy
2417	2417	10 police chief. Each police chief and deputy police chief shall
2418	2418	11 obtain at least 20 hours of training each year. These hours
2419	2419	12 shall count towards and satisfy the 40 hours required under
2420	2420	13 Section 7.9. The training must be approved by the Illinois Law
2421	2421	14 Enforcement Training Standards Board and must be related to
2422	2422	15 law enforcement, management or executive development, or
2423	2423	16 ethics. This requirement may be satisfied by attending any
2424	2424	17 training portion of a conference held by an association that
2425	2425	18 represents chiefs of police that has been approved by the
2426	2426	19 Illinois Law Enforcement Training Standards Board. Any police
2427	2427	20 chief and any deputy police chief, upon presentation of a
2428	2428	21 certificate of completion from the person or entity conducting
2429	2429	22 the training, shall be reimbursed by the municipality in
2430	2430	23 accordance with the municipal policy regulating the terms of
2431	2431	24 reimbursement, for the officer's reasonable expenses in
2432	2432	25 obtaining the training required under this Section. No police
2433	2433
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2436	2436
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2443	2443	1 chief or deputy police chief may attend any recognized
2444	2444	2 training offering without the prior approval of the officer's
2445	2445	3 municipal mayor, manager, or immediate supervisor.
2446	2446	4 This Section does not apply to the City of Chicago or the
2447	2447	5 Sheriff's Police Department in Cook County.
2448	2448	6 (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)
2449	2449	7 (50 ILCS 705/10.21)
2450	2450	8 Sec. 10.21. Training; sexual assault and sexual abuse.
2451	2451	9 (a) The Illinois Law Enforcement Training Standards Board
2452	2452	10 shall conduct or approve training programs in trauma-informed
2453	2453	11 responses and investigations of sexual assault and sexual
2454	2454	12 abuse, which include, but is not limited to, the following:
2455	2455	13 (1) recognizing the symptoms of trauma;
2456	2456	14 (2) understanding the role trauma has played in a
2457	2457	15 victim's life;
2458	2458	16 (3) responding to the needs and concerns of a victim;
2459	2459	17 (4) delivering services in a compassionate, sensitive,
2460	2460	18 and nonjudgmental manner;
2461	2461	19 (5) interviewing techniques in accordance with the
2462	2462	20 curriculum standards in subsection (f) of this Section;
2463	2463	21 (6) understanding cultural perceptions and common
2464	2464	22 myths of sexual assault and sexual abuse;
2465	2465	23 (7) report writing techniques in accordance with the
2466	2466	24 curriculum standards in subsection (f) of this Section;
2467	2467	25 and
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2478	2478	1 (8) recognizing special sensitivities of victims due
2479	2479	2 to: age, including those under the age of 13; gender; or
2480	2480	3 other qualifications.
2481	2481	4 (b) This training must be presented in all full and
2482	2482	5 part-time basic law enforcement academies on or before July 1,
2483	2483	6 2018.
2484	2484	7 (c) Agencies employing law enforcement officers must
2485	2485	8 present this training to all law enforcement officers within 3
2486	2486	9 years after January 1, 2017 (the effective date of Public Act
2487	2487	10 99-801) and must present in-service training on sexual assault
2488	2488	11 and sexual abuse response and report writing training
2489	2489	12 requirements every 3 years.
2490	2490	13 (d) Agencies employing law enforcement officers who
2491	2491	14 conduct sexual assault and sexual abuse investigations must
2492	2492	15 provide specialized training to these officers on sexual
2493	2493	16 assault and sexual abuse investigations within 2 years after
2494	2494	17 January 1, 2017 (the effective date of Public Act 99-801) and
2495	2495	18 must present in-service training on sexual assault and sexual
2496	2496	19 abuse investigations to these officers every 3 years.
2497	2497	20 (e) Instructors providing this training shall have
2498	2498	21 successfully completed training on evidence-based,
2499	2499	22 trauma-informed, victim-centered response to cases of sexual
2500	2500	23 assault and sexual abuse and have experience responding to
2501	2501	24 sexual assault and sexual abuse cases.
2502	2502	25 (f) The Board shall adopt rules, in consultation with the
2503	2503	26 Office of the Illinois Attorney General and the Illinois State
2504	2504
2505	2505
2506	2506
2507	2507
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2514	2514	1 Police, to determine the specific training requirements for
2515	2515	2 these courses, including, but not limited to, the following:
2516	2516	3 (1) evidence-based curriculum standards for report
2517	2517	4 writing and immediate response to sexual assault and
2518	2518	5 sexual abuse, including trauma-informed, victim-centered,
2519	2519	6 age sensitive, interview techniques, which have been
2520	2520	7 demonstrated to minimize retraumatization, for
2521	2521	8 probationary police officers and all law enforcement
2522	2522	9 officers; and
2523	2523	10 (2) evidence-based curriculum standards for
2524	2524	11 trauma-informed, victim-centered, age sensitive
2525	2525	12 investigation and interviewing techniques, which have been
2526	2526	13 demonstrated to minimize retraumatization, for cases of
2527	2527	14 sexual assault and sexual abuse for law enforcement
2528	2528	15 officers who conduct sexual assault and sexual abuse
2529	2529	16 investigations.
2530	2530	17 (Source: P.A. 102-538, eff. 8-20-21.)
2531	2531	18 (50 ILCS 705/7.1 rep.)
2532	2532	19 (50 ILCS 705/10.6 rep.)
2533	2533	20 Section 10. The Illinois Police Training Act is amended by
2534	2534	21 repealing Sections 7.1 and 10.6.
2535	2535	22 Section 15. The Counties Code is amended by changing
2536	2536	23 Section 3-6007 as follows:
2537	2537
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2547	2547	1 (55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007)
2548	2548	2 Sec. 3-6007. Training. Each sheriff shall obtain at least
2549	2549	3 20 hours of training, approved by the Illinois Law Enforcement
2550	2550	4 Training Standards Board, relating to law enforcement and the
2551	2551	5 operation of a sheriff's office each year. These hours shall
2552	2552	6 count towards and satisfy the 40 hours required under Section
2553	2553	7 7.9 of the Illinois Police Training Act. Reasonable expenses
2554	2554	8 incurred by the sheriff in obtaining such training shall be
2555	2555	9 reimbursed by the county upon presentation by the sheriff to
2556	2556	10 the county board of a certificate of completion from the
2557	2557	11 person or entity conducting such training.
2558	2558	12 (Source: P.A. 88-586, eff. 8-12-94.)
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