Illinois 2023-2024 Regular Session

Illinois House Bill HB5217 Latest Draft

Bill / Introduced Version Filed 02/08/2024

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. LRB103 38096 AWJ 68228 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5217 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
50 ILCS 705/2 from Ch. 85, par. 50250 ILCS 705/3 from Ch. 85, par. 50350 ILCS 705/6.150 ILCS 705/6.350 ILCS 705/6.650 ILCS 705/6.750 ILCS 705/750 ILCS 705/7.9 new50 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.450 ILCS 705/9.250 ILCS 705/10.750 ILCS 705/10.2150 ILCS 705/7.1 rep.50 ILCS 705/10.6 rep.55 ILCS 5/3-6007 from Ch. 34, par. 3-6007 50 ILCS 705/2 from Ch. 85, par. 502 50 ILCS 705/3 from Ch. 85, par. 503 50 ILCS 705/6.1 50 ILCS 705/6.3 50 ILCS 705/6.6 50 ILCS 705/6.7 50 ILCS 705/7 50 ILCS 705/7.9 new 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.4 50 ILCS 705/9.2 50 ILCS 705/10.7 50 ILCS 705/10.21 50 ILCS 705/7.1 rep. 50 ILCS 705/10.6 rep. 55 ILCS 5/3-6007 from Ch. 34, par. 3-6007
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/3 from Ch. 85, par. 503
50 ILCS 705/6.1
50 ILCS 705/6.3
50 ILCS 705/6.6
50 ILCS 705/6.7
50 ILCS 705/7
50 ILCS 705/7.9 new
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.4
50 ILCS 705/9.2
50 ILCS 705/10.7
50 ILCS 705/10.21
50 ILCS 705/7.1 rep.
50 ILCS 705/10.6 rep.
55 ILCS 5/3-6007 from Ch. 34, par. 3-6007
Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately.
LRB103 38096 AWJ 68228 b LRB103 38096 AWJ 68228 b
LRB103 38096 AWJ 68228 b
A BILL FOR
HB5217LRB103 38096 AWJ 68228 b HB5217 LRB103 38096 AWJ 68228 b
HB5217 LRB103 38096 AWJ 68228 b
1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended by
5 changing Sections 2, 3, 6.1, 6.3, 6.6, 6.7, 7, 8.1, 8.4, 9.2,
6 10.7, and 10.21 and by adding Section 7.9 as follows:
7 (50 ILCS 705/2) (from Ch. 85, par. 502)
8 Sec. 2. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 "Board" means the Illinois Law Enforcement Training
11 Standards Board.
12 "Full-time law enforcement officer" means a law
13 enforcement officer who has completed the officer's
14 probationary period and is employed on a full-time basis as a
15 law enforcement officer by a local government agency, State
16 government agency, or as a campus police officer by a
17 university, college, or community college.
18 "Law Enforcement agency" means any entity with statutory
19 police powers and the ability to employ individuals authorized
20 to make arrests. It does not include the Illinois State Police
21 as defined in the State Police Act. A law enforcement agency
22 may include any university, college, or community college.
23 "Local law enforcement agency" means any law enforcement

50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/3 from Ch. 85, par. 503
50 ILCS 705/6.1
50 ILCS 705/6.3
50 ILCS 705/6.6
50 ILCS 705/6.7
50 ILCS 705/7
50 ILCS 705/7.9 new
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.4
50 ILCS 705/9.2
50 ILCS 705/10.7
50 ILCS 705/10.21
50 ILCS 705/7.1 rep.
50 ILCS 705/10.6 rep.
55 ILCS 5/3-6007 from Ch. 34, par. 3-6007

LRB103 38096 AWJ 68228 b

HB5217 LRB103 38096 AWJ 68228 b

HB5217- 2 -LRB103 38096 AWJ 68228 b HB5217 - 2 - LRB103 38096 AWJ 68228 b
HB5217 - 2 - LRB103 38096 AWJ 68228 b
1 unit of government or municipal corporation in this State. It
2 does not include the State of Illinois or any office, officer,
3 department, division, bureau, board, commission, or agency of
4 the State, except that it does include a State-controlled
5 university, college or public community college.
6 "State law enforcement agency" means any law enforcement
7 agency of this State. This includes any office, officer,
8 department, division, bureau, board, commission, or agency of
9 the State. It does not include the Illinois State Police as
10 defined in the State Police Act.
11 "Panel" means the Certification Review Panel.
12 "Basic training school" means any school located within
13 the State of Illinois whether privately or publicly owned
14 which offers a course in basic law enforcement or county
15 corrections training and has been approved by the Board.
16 "Probationary police officer" means a recruit law
17 enforcement officer required to successfully complete initial
18 minimum basic training requirements at a basic training school
19 to be eligible for permanent full-time employment as a local
20 law enforcement officer. "Probationary police officer" does
21 not include a lateral hire or a previously certified officer
22 reentering the profession seeking a training waiver.
23 "Probationary part-time police officer" means a recruit
24 part-time law enforcement officer required to successfully
25 complete initial minimum part-time training requirements to be
26 eligible for employment on a part-time basis as a local law

HB5217 - 2 - LRB103 38096 AWJ 68228 b

HB5217- 3 -LRB103 38096 AWJ 68228 b HB5217 - 3 - LRB103 38096 AWJ 68228 b
HB5217 - 3 - LRB103 38096 AWJ 68228 b
1 enforcement officer.
2 "Permanent law enforcement officer" means a law
3 enforcement officer who has completed the officer's
4 probationary period and is permanently employed on a full-time
5 basis as a local law enforcement officer, as a security
6 officer, or campus police officer permanently employed by a
7 law enforcement agency.
8 "Part-time law enforcement officer" means a law
9 enforcement officer who has completed the officer's
10 probationary period and is employed on a part-time basis as a
11 law enforcement officer or as a campus police officer by a law
12 enforcement agency.
13 "Law enforcement officer" means (i) any police officer of
14 a law enforcement agency who is primarily responsible for
15 prevention or detection of crime and the enforcement of the
16 criminal code, traffic, or highway laws of this State or any
17 political subdivision of this State or (ii) any member of a
18 police force appointed and maintained as provided in Section 2
19 of the Railroad Police Act.
20 "Recruit" means any full-time or part-time law enforcement
21 officer or full-time county corrections officer who is
22 enrolled in an approved training course.
23 "Review Committee" means the committee at the Board for
24 certification disciplinary cases in which the Panel, a law
25 enforcement officer, or a law enforcement agency may file for
26 reconsideration of a decertification decision made by the

HB5217 - 3 - LRB103 38096 AWJ 68228 b

HB5217- 4 -LRB103 38096 AWJ 68228 b HB5217 - 4 - LRB103 38096 AWJ 68228 b
HB5217 - 4 - LRB103 38096 AWJ 68228 b
1 Board.
2 "Probationary county corrections officer" means a recruit
3 county corrections officer required to successfully complete
4 initial minimum basic training requirements at a basic
5 training school to be eligible for permanent employment on a
6 full-time basis as a county corrections officer.
7 "Permanent county corrections officer" means a county
8 corrections officer who has completed the officer's
9 probationary period and is permanently employed on a full-time
10 basis as a county corrections officer by a participating law
11 enforcement agency.
12 "County corrections officer" means any sworn officer of
13 the sheriff who is primarily responsible for the control and
14 custody of offenders, detainees or inmates.
15 "Probationary court security officer" means a recruit
16 court security officer required to successfully complete
17 initial minimum basic training requirements at a designated
18 training school to be eligible for employment as a court
19 security officer.
20 "Permanent court security officer" means a court security
21 officer who has completed the officer's probationary period
22 and is employed as a court security officer by a participating
23 law enforcement agency.
24 "Court security officer" has the meaning ascribed to it in
25 Section 3-6012.1 of the Counties Code.
26 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

HB5217 - 4 - LRB103 38096 AWJ 68228 b

HB5217- 5 -LRB103 38096 AWJ 68228 b HB5217 - 5 - LRB103 38096 AWJ 68228 b
HB5217 - 5 - LRB103 38096 AWJ 68228 b
1 (50 ILCS 705/3) (from Ch. 85, par. 503)
2 Sec. 3. Board; composition; appointments; tenure;
3 vacancies.
4 (a) The Board shall be composed of 18 members selected as
5 follows: The Attorney General of the State of Illinois, the
6 Director of the Illinois State Police, the Director of
7 Corrections, the Superintendent of the Chicago Police
8 Department, the Sheriff of Cook County, the Clerk of the
9 Circuit Court of Cook County, who shall serve as ex officio
10 members, and the following to be appointed by the Governor: 2
11 mayors or village presidents of Illinois municipalities, 2
12 Illinois county sheriffs from counties other than Cook County,
13 2 managers of Illinois municipalities, 2 chiefs of municipal
14 police departments in Illinois having no Superintendent of the
15 Police Department on the Board, 2 certified law enforcement
16 officers who are employed as a law enforcement officer in a
17 position covered by a collective bargaining agreement citizens
18 of Illinois who shall be members of an organized enforcement
19 officers' association, one active member of a statewide
20 association representing sheriffs, and one active member of a
21 statewide association representing municipal police chiefs.
22 The appointments of the Governor shall be made on the first
23 Monday of August in 1965 with 3 of the appointments to be for a
24 period of one year, 3 for 2 years, and 3 for 3 years. Their
25 successors shall be appointed in like manner for terms to

HB5217 - 5 - LRB103 38096 AWJ 68228 b

HB5217- 6 -LRB103 38096 AWJ 68228 b HB5217 - 6 - LRB103 38096 AWJ 68228 b
HB5217 - 6 - LRB103 38096 AWJ 68228 b
1 expire the first Monday of August each 3 years thereafter. All
2 members shall serve until their respective successors are
3 appointed and qualify. Vacancies shall be filled by the
4 Governor for the unexpired terms. Any ex officio member may
5 appoint a designee to the Board who shall have the same powers
6 and immunities otherwise conferred to the member of the Board,
7 including the power to vote and be counted toward quorum, so
8 long as the member is not in attendance.
9 (a-5) Within the Board is created a Review Committee. The
10 Review Committee shall review disciplinary cases in which the
11 Panel, the law enforcement officer, or the law enforcement
12 agency file for reconsideration of a decertification decision
13 made by the Board. The Review Committee shall be composed of 9
14 annually rotating members from the Board appointed by the
15 Board Chairman. One member of the Review Committee shall be
16 designated by the Board Chairman as the Chair. The Review
17 Committee shall sit in 3 member panels composed of one member
18 representing law enforcement management, one member
19 representing members of law enforcement, and one member who is
20 not a current or former member of law enforcement.
21 (b) When a Board member may have an actual, perceived, or
22 potential conflict of interest or appearance of bias that
23 could prevent the Board member from making a fair and
24 impartial decision regarding decertification:
25 (1) The Board member shall recuse himself or herself.
26 (2) If the Board member fails to recuse himself or

HB5217 - 6 - LRB103 38096 AWJ 68228 b

HB5217- 7 -LRB103 38096 AWJ 68228 b HB5217 - 7 - LRB103 38096 AWJ 68228 b
HB5217 - 7 - LRB103 38096 AWJ 68228 b
1 herself, then the Board may, by a simple majority of the
2 remaining members, vote to recuse the Board member. Board
3 members who are found to have voted on a matter in which
4 they should have recused themselves may be removed from
5 the Board by the Governor.
6 A conflict of interest or appearance of bias may include,
7 but is not limited to, matters where one of the following is a
8 party to a decision on a decertification or formal complaint:
9 someone with whom the member has an employment relationship;
10 any of the following relatives: spouse, parents, children,
11 adopted children, legal wards, stepchildren, step parents,
12 step siblings, half siblings, siblings, parents-in-law,
13 siblings-in-law, children-in-law, aunts, uncles, nieces, and
14 nephews; a friend; or a member of a professional organization,
15 association, or a union in which the member now actively
16 serves.
17 (c) A vacancy in members does not prevent a quorum of the
18 remaining sitting members from exercising all rights and
19 performing all duties of the Board.
20 (d) An individual serving on the Board shall not also
21 serve on the Panel.
22 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
23 102-694, eff. 1-7-22.)
24 (50 ILCS 705/6.1)
25 Sec. 6.1. Automatic decertification of full-time and

HB5217 - 7 - LRB103 38096 AWJ 68228 b

HB5217- 8 -LRB103 38096 AWJ 68228 b HB5217 - 8 - LRB103 38096 AWJ 68228 b
HB5217 - 8 - LRB103 38096 AWJ 68228 b
1 part-time law enforcement officers.
2 (a) The Board must review law enforcement officer conduct
3 and records to ensure that no law enforcement officer is
4 initially certified or provided a valid waiver if that law
5 enforcement officer has been convicted of, found guilty of,
6 entered a plea of guilty to, or entered a plea of nolo
7 contendere to, a felony offense under the laws of this State or
8 any other state which if committed in this State would be
9 punishable as a felony. The Board must also ensure that no law
10 enforcement officer is certified or provided a valid waiver if
11 that law enforcement officer has been convicted of, found
12 guilty of, or entered a plea of guilty to, on or after January
13 1, 2022 (the effective date of Public Act 101-652) and since
14 the time of the initial certification of any misdemeanor
15 specified in this Section or if committed in any other state
16 would be an offense similar to Section 11-1.50, 11-6, 11-6.5,
17 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2,
18 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
19 28-3, 29-1, any misdemeanor in violation of any Section of
20 Part E of Title III of the Criminal Code of 1961 or the
21 Criminal Code of 2012, or subsection (a) of Section 17-32 of
22 the Criminal Code of 1961 or the Criminal Code of 2012, or to
23 Section 5 or 5.2 of the Cannabis Control Act, or any felony or
24 misdemeanor in violation of federal law or the law of any state
25 that is the equivalent of any of the offenses specified
26 therein. The Board must appoint investigators to enforce the

HB5217 - 8 - LRB103 38096 AWJ 68228 b

HB5217- 9 -LRB103 38096 AWJ 68228 b HB5217 - 9 - LRB103 38096 AWJ 68228 b
HB5217 - 9 - LRB103 38096 AWJ 68228 b
1 duties conferred upon the Board by this Act.
2 (a-1) For purposes of this Section, a person is "convicted
3 of, found guilty of or entered a plea of guilty to, or plea of
4 nolo contendere to, found guilty of" regardless of whether the
5 adjudication of guilt or sentence is withheld or not entered
6 thereon. This includes sentences of supervision, conditional
7 discharge, or first offender probation, or any similar
8 disposition provided for by law. This definition applies to
9 conduct that occurred after January 1, 2022.
10 (b) It is the responsibility of the sheriff or the chief
11 executive officer of every law enforcement agency or
12 department within this State to report to the Board any
13 arrest, conviction, finding of guilt, plea of guilty, or plea
14 of nolo contendere to, of any officer currently in the
15 sheriff's or the chief executive officer's employ for an
16 offense identified in this Section, regardless of whether the
17 adjudication of guilt or sentence is withheld or not entered
18 thereon, this includes sentences of supervision, conditional
19 discharge, or first offender probation if the conduct occurred
20 after January 1, 2022.
21 (c) It is the duty and responsibility of every full-time
22 and part-time law enforcement officer in this State to report
23 to the Board within 14 days, and the officer's sheriff or chief
24 executive officer, of the officer's arrest, conviction, found
25 guilty of, or plea of guilty for an offense identified in this
26 Section. Any full-time or part-time law enforcement officer

HB5217 - 9 - LRB103 38096 AWJ 68228 b

HB5217- 10 -LRB103 38096 AWJ 68228 b HB5217 - 10 - LRB103 38096 AWJ 68228 b
HB5217 - 10 - LRB103 38096 AWJ 68228 b
1 who knowingly makes, submits, causes to be submitted, or files
2 a false or untruthful report to the Board must have the
3 officer's certificate or waiver immediately decertified or
4 revoked after a due process hearing before the Certification
5 Review Panel.
6 (d) Any person, or a local or State agency, or the Board is
7 immune from liability for submitting, disclosing, or releasing
8 information of arrests, convictions, or pleas of guilty in
9 this Section as long as the information is submitted,
10 disclosed, or released in good faith and without malice. The
11 Board has qualified immunity for the release of the
12 information.
13 (e) Any full-time or part-time law enforcement officer
14 with a certificate or waiver issued by the Board who is
15 convicted of, found guilty of, or entered a plea of guilty to,
16 or entered a plea of nolo contendere to any offense described
17 in this Section immediately becomes decertified or no longer
18 has a valid waiver. The decertification and invalidity of
19 waivers is subject to review by the Certification Review Panel
20 upon timely application occurs as a matter of law. Failure of a
21 convicted person to report to the Board the officer's
22 conviction as described in this Section or any continued law
23 enforcement practice after receiving a conviction will subject
24 the officer to an additional basis for decertification is a
25 Class 4 felony.
26 For purposes of this subsection Section, a person is

HB5217 - 10 - LRB103 38096 AWJ 68228 b

HB5217- 11 -LRB103 38096 AWJ 68228 b HB5217 - 11 - LRB103 38096 AWJ 68228 b
HB5217 - 11 - LRB103 38096 AWJ 68228 b
1 considered to have been "convicted of, found guilty of, or
2 entered a plea of guilty to, or entered a plea of nolo
3 contendere to" regardless of whether the adjudication of guilt
4 or sentence is withheld or not entered thereon, including
5 sentences of supervision, conditional discharge, first
6 offender probation, or any similar disposition as provided for
7 by law if the conduct occurred after January 1, 2022.
8 (f) The Board's investigators shall be law enforcement
9 officers as defined in Section 2 of this Act. The Board shall
10 not waive the training requirement unless the investigator has
11 had a minimum of 5 years experience as a sworn officer of a
12 local, State, or federal law enforcement agency. An
13 investigator shall not have been terminated for good cause,
14 decertified, had his or her law enforcement license or
15 certificate revoked in this or any other jurisdiction, or been
16 convicted of any of the conduct listed in subsection (a). Any
17 complaint filed against the Board's investigators shall be
18 investigated by the Illinois State Police.
19 (g) The Board must request and receive information and
20 assistance from any federal, state, local, or private
21 enforcement agency as part of the authorized criminal
22 background investigation. The Illinois State Police must
23 process, retain, and additionally provide and disseminate
24 information to the Board concerning criminal charges, arrests,
25 convictions, and their disposition, that have been filed
26 against a basic academy applicant, law enforcement applicant,

HB5217 - 11 - LRB103 38096 AWJ 68228 b

HB5217- 12 -LRB103 38096 AWJ 68228 b HB5217 - 12 - LRB103 38096 AWJ 68228 b
HB5217 - 12 - LRB103 38096 AWJ 68228 b
1 or law enforcement officer whose fingerprint identification
2 cards are on file or maintained by the Illinois State Police.
3 The Federal Bureau of Investigation must provide the Board any
4 criminal history record information contained in its files
5 pertaining to law enforcement officers or any applicant to a
6 Board certified basic law enforcement academy as described in
7 this Act based on fingerprint identification. The Board must
8 make payment of fees to the Illinois State Police for each
9 fingerprint card submission in conformance with the
10 requirements of paragraph 22 of Section 55a of the Civil
11 Administrative Code of Illinois.
12 (g-5) Notwithstanding any provision of law to the
13 contrary, the changes to this Section made by this amendatory
14 Act of the 102nd General Assembly and Public Act 101-652 shall
15 apply prospectively only from July 1, 2022.
16 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
17 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
18 (50 ILCS 705/6.3)
19 Sec. 6.3. Discretionary decertification of full-time and
20 part-time law enforcement officers.
21 (a) Definitions. For purposes of this Section 6.3:
22 "Duty to intervene" means an obligation to intervene to
23 prevent harm from occurring that arises when: an officer is
24 present, and has reason to know (1) that excessive force is
25 being used or that any constitutional violation has been

HB5217 - 12 - LRB103 38096 AWJ 68228 b

HB5217- 13 -LRB103 38096 AWJ 68228 b HB5217 - 13 - LRB103 38096 AWJ 68228 b
HB5217 - 13 - LRB103 38096 AWJ 68228 b
1 committed by a law enforcement official; and (2) the officer
2 has a realistic opportunity to intervene. This duty applies
3 equally to supervisory and nonsupervisory officers. If aid is
4 required, the officer shall not, when reasonable to administer
5 aid, knowingly and willingly refuse to render aid as defined
6 by State or federal law. An officer does not violate this duty
7 if the failure to render aid is due to circumstances such as
8 lack of appropriate specialized training, lack of resources or
9 equipment, or if it is unsafe or impracticable to render aid.
10 "Excessive use of force" means using force in violation of
11 State or federal law.
12 "False statement" means (1) any knowingly false statement
13 provided on a form or report, (2) that the writer does not
14 believe to be true, and (3) that the writer includes to mislead
15 a public servant in performing the public servant's official
16 functions.
17 "Perjury" means that as defined under Sections 32-2 and
18 32-3 of the Criminal Code of 2012.
19 "Tampers with or fabricates evidence" means if a law
20 enforcement officer (1) has reason to believe that an official
21 proceeding is pending or may be instituted, and (2) alters,
22 destroys, conceals, or removes any record, document, data,
23 video or thing to impair its validity or availability in the
24 proceeding.
25 (b) Decertification conduct. The Board has the authority
26 to decertify a full-time or a part-time law enforcement

HB5217 - 13 - LRB103 38096 AWJ 68228 b

HB5217- 14 -LRB103 38096 AWJ 68228 b HB5217 - 14 - LRB103 38096 AWJ 68228 b
HB5217 - 14 - LRB103 38096 AWJ 68228 b
1 officer upon a determination by the Board that the law
2 enforcement officer has:
3 (1) committed an act that would constitute a felony or
4 misdemeanor which could serve as basis for automatic
5 decertification, whether or not the law enforcement
6 officer was criminally prosecuted, and whether or not the
7 law enforcement officer's employment was terminated;
8 (2) exercised excessive use of force;
9 (3) failed to comply with the officer's duty to
10 intervene, including through acts or omissions;
11 (4) with the intent to prevent apprehension of or
12 obstruct the prosecution or defense of any person,
13 knowingly and intentionally tampered with a dash camera or
14 body-worn camera or data recorded by a dash camera or
15 body-worn camera or directed another to tamper with or
16 turn off a dash camera or body-worn camera or data
17 recorded by a dash camera or body-worn camera for the
18 purpose of concealing, destroying or altering potential
19 evidence;
20 (5) engaged in the following conduct relating to the
21 reporting, investigation, or prosecution of a crime:
22 committed perjury, made a false statement, or knowingly
23 tampered with or fabricated evidence; and
24 (6) engaged in any unprofessional, unethical,
25 deceptive, or deleterious conduct or practice harmful to
26 the public; such conduct or practice need not have

HB5217 - 14 - LRB103 38096 AWJ 68228 b

HB5217- 15 -LRB103 38096 AWJ 68228 b HB5217 - 15 - LRB103 38096 AWJ 68228 b
HB5217 - 15 - LRB103 38096 AWJ 68228 b
1 resulted in actual injury to any person. As used in this
2 paragraph, the term "unprofessional conduct" shall include
3 any departure from, or failure to conform to, the minimal
4 standards of acceptable and prevailing practice of an
5 officer.
6 (b-5) The Board has the authority to decertify a full-time
7 or part-time law enforcement officer notwithstanding whether a
8 law enforcement agency takes disciplinary action against a law
9 enforcement officer for the same underlying conduct as
10 outlined in subsection (b).
11 (c) Notice of Alleged Violation.
12 (1) The following individuals and agencies shall
13 notify the Board within 7 days of becoming aware of any
14 violation described in subsection (b):
15 (A) A law enforcement agency as defined in Section
16 2 or any law enforcement officer of this State. For
17 this subsection (c), law enforcement agency includes,
18 but is not limited to, a civilian review board, an
19 inspector general, and legal counsel for a law
20 enforcement agency.
21 (B) The Executive Director of the Board;
22 (C) A State's Attorney's Office of this State.
23 "Becoming aware" does not include confidential
24 communications between agency lawyers and agencies
25 regarding legal advice. For purposes of this subsection,
26 "law enforcement agency" does not include the Illinois

HB5217 - 15 - LRB103 38096 AWJ 68228 b

HB5217- 16 -LRB103 38096 AWJ 68228 b HB5217 - 16 - LRB103 38096 AWJ 68228 b
HB5217 - 16 - LRB103 38096 AWJ 68228 b
1 Attorney General when providing legal representation to a
2 law enforcement officer under the State Employee
3 Indemnification Act.
4 (2) Any person may also notify the Board of any
5 conduct the person believes a law enforcement officer has
6 committed as described in subsection (b). Such
7 notifications may be made confidentially. Notwithstanding
8 any other provision in state law or any collective
9 bargaining agreement, the Board shall accept notice and
10 investigate any allegations from individuals who remain
11 confidential.
12 (3) Upon written request, the Board shall disclose to
13 the individual or entity who filed a notice of violation
14 the status of the Board's review.
15 (d) Form. The notice of violation reported under
16 subsection (c) shall be on a form prescribed by the Board in
17 its rules. The form shall be publicly available by paper and
18 electronic means. The form shall include fields for the
19 following information, at a minimum:
20 (1) the full name, address, and telephone number of
21 the person submitting the notice;
22 (2) if submitted under subsection (c)(1), the agency
23 name and title of the person submitting the notice;
24 (3) the full name, badge number, employing agency, and
25 physical description of the officer, if known;
26 (4) the full name or names, address or addresses,

HB5217 - 16 - LRB103 38096 AWJ 68228 b

HB5217- 17 -LRB103 38096 AWJ 68228 b HB5217 - 17 - LRB103 38096 AWJ 68228 b
HB5217 - 17 - LRB103 38096 AWJ 68228 b
1 telephone number or numbers, and physical description or
2 descriptions of any witnesses, if known;
3 (5) a concise statement of facts that describe the
4 alleged violation and any copies of supporting evidence
5 including but not limited to any photographic, video, or
6 audio recordings of the incident;
7 (6) whether the person submitting the notice has
8 notified any other agency; and
9 (7) an option for an individual, who submits directly
10 to the Board, to consent to have the individual's identity
11 disclosed. The identity of any individual providing
12 information or reporting any possible or alleged violation
13 to the Board shall be kept confidential and may not be
14 disclosed without the consent of that individual, unless
15 the individual consents to disclosure of the individual's
16 name or disclosure of the individual's identity is
17 otherwise required by law. The confidentiality granted by
18 this subsection does not preclude the disclosure of the
19 identity of a person in any capacity other than as the
20 source of an allegation.
21 Nothing in this subsection (d) shall preclude the Board
22 from receiving, investigating, or acting upon allegations made
23 confidentially or in a format different from the form provided
24 for in this subsection.
25 (e) Preliminary review.
26 (1) The Board shall complete a preliminary review of

HB5217 - 17 - LRB103 38096 AWJ 68228 b

HB5217- 18 -LRB103 38096 AWJ 68228 b HB5217 - 18 - LRB103 38096 AWJ 68228 b
HB5217 - 18 - LRB103 38096 AWJ 68228 b
1 the allegations to determine whether there is sufficient
2 information to warrant a further investigation of any
3 violations of the Act. Upon initiating a preliminary
4 review of the allegations, the Board shall notify the head
5 of the law enforcement agency that employs the law
6 enforcement officer who is the subject of the allegations.
7 At the request of the Board, the law enforcement agency
8 must submit any copies of investigative findings,
9 evidence, or documentation to the Board in accordance with
10 rules adopted by the Board to facilitate the Board's
11 preliminary review. The Board may correspond with the law
12 enforcement agency, official records clerks or any
13 investigative agencies in conducting its preliminary
14 review.
15 (2) During the preliminary review, the Board will take
16 all reasonable steps to discover any and all objective
17 verifiable evidence relevant to the alleged violation
18 through the identification, retention, review, and
19 analysis of all currently available evidence, including,
20 but not limited to: all time-sensitive evidence, audio and
21 video evidence, physical evidence, arrest reports,
22 photographic evidence, GPS records, computer data, lab
23 reports, medical documents, and witness interviews. All
24 reasonable steps will be taken to preserve relevant
25 evidence identified during the preliminary investigation.
26 (3) If after a preliminary review of the alleged

HB5217 - 18 - LRB103 38096 AWJ 68228 b

HB5217- 19 -LRB103 38096 AWJ 68228 b HB5217 - 19 - LRB103 38096 AWJ 68228 b
HB5217 - 19 - LRB103 38096 AWJ 68228 b
1 violation or violations, the Board believes there is
2 sufficient information to warrant further investigation of
3 any violations of this Act, the alleged violation or
4 violations shall be assigned for investigation in
5 accordance with subsection (f).
6 (4) If after a review of the allegations, the Board
7 believes there is insufficient information supporting the
8 allegations to warrant further investigation, it may close
9 a notice. Notification of the Board's decision to close a
10 notice shall be sent to all relevant individuals,
11 agencies, and any entities that received notice of the
12 violation under subsection (c) within 30 days of the
13 notice being closed, except in cases where the notice is
14 submitted anonymously if the complainant is unknown.
15 (5) Except when the Board has received notice under
16 subparagraph (A) of paragraph (1) of subsection (c), no
17 later than 30 days after receiving notice, the Board shall
18 report any notice of violation it receives to the relevant
19 law enforcement agency, unless reporting the notice would
20 jeopardize any subsequent investigation. The Board shall
21 also record any notice of violation it receives to the
22 Officer Professional Conduct Database in accordance with
23 Section 9.2. The Board shall report to the appropriate
24 State's Attorney any alleged violations that contain
25 allegations, claims, or factual assertions that, if true,
26 would constitute a violation of Illinois law. The Board

HB5217 - 19 - LRB103 38096 AWJ 68228 b

HB5217- 20 -LRB103 38096 AWJ 68228 b HB5217 - 20 - LRB103 38096 AWJ 68228 b
HB5217 - 20 - LRB103 38096 AWJ 68228 b
1 shall inform the law enforcement officer via certified
2 mail that it has received a notice of violation against
3 the law enforcement officer.
4 If the Board determines that due to the circumstances
5 and the nature of the allegation that it would not be
6 prudent to notify the law enforcement officer and the
7 officer's law enforcement agency unless and until the
8 filing of a Formal Complaint, the Board shall document in
9 the file the reason or reasons a notification was not
10 made.
11 (6) If the law enforcement officer is involved in a
12 criminal proceeding on the same subject as the notice of
13 violation, the Board is responsible for maintaining a
14 current status report including court dates, hearings,
15 pleas, adjudication status and sentencing. A State's
16 Attorney's Office must notify the Board of any criminal
17 charges filed against a law enforcement officer, and must
18 provide updates of significant developments to the Board
19 in a timely manner but no later than 30 days after such
20 developments.
21 (f) Investigations; requirements. Investigations are to be
22 assigned after a preliminary review, unless the investigations
23 were closed under paragraph (4) of subsection (e), as follows
24 in paragraphs (1), (2), and (3) of this subsection (f).
25 (1) A law enforcement agency that submits a notice of
26 violation to the Board under subparagraph (A) of paragraph

HB5217 - 20 - LRB103 38096 AWJ 68228 b

HB5217- 21 -LRB103 38096 AWJ 68228 b HB5217 - 21 - LRB103 38096 AWJ 68228 b
HB5217 - 21 - LRB103 38096 AWJ 68228 b
1 (1) of subsection (c) shall be responsible for conducting
2 an investigation of the underlying allegations except
3 when: (i) the law enforcement agency refers the notice to
4 another law enforcement agency or the Board for
5 investigation and such other agency or the Board agrees to
6 conduct the investigation; (ii) an external, independent,
7 or civilian oversight agency conducts the investigation in
8 accordance with local ordinance or other applicable law;
9 or (iii) the Board has determined that it will conduct the
10 investigation based upon the facts and circumstances of
11 the alleged violation, including but not limited to,
12 investigations regarding the Chief or Sheriff of a law
13 enforcement agency, familial conflict of interests,
14 complaints involving a substantial portion of a law
15 enforcement agency, or complaints involving a policy of a
16 law enforcement agency. Any agency or entity conducting an
17 investigation under this paragraph (1) shall submit
18 quarterly reports to the Board regarding the progress of
19 the investigation. The quarterly report shall be reviewed
20 by the individual or individuals at the Board who
21 conducted the preliminary review, if available.
22 Any agency or entity conducting an investigation under
23 this paragraph (1) shall, within 7 days of completing an
24 investigation, deliver an Investigative Summary Report and
25 copies of any administrative evidence to the Board. If the
26 Board finds an investigation conducted under this

HB5217 - 21 - LRB103 38096 AWJ 68228 b

HB5217- 22 -LRB103 38096 AWJ 68228 b HB5217 - 22 - LRB103 38096 AWJ 68228 b
HB5217 - 22 - LRB103 38096 AWJ 68228 b
1 paragraph (1) is incomplete, unsatisfactory, or deficient
2 in any way, the Board may direct the investigating entity
3 or agency to take any additional investigative steps
4 deemed necessary to thoroughly and satisfactorily complete
5 the investigation, or the Board may take any steps
6 necessary to complete the investigation. The investigating
7 entity or agency or, when necessary, the Board will then
8 amend and re-submit the Investigative Summary Report to
9 the Board for approval.
10 The Board shall submit a report to the investigating
11 entity disclosing the name, address, and telephone numbers
12 of persons who have knowledge of facts which are the
13 subject of the investigation and identifying the subject
14 matter of their knowledge.
15 (2) The Board shall investigate and complete an
16 Investigative Summary Report when a State's Attorney's
17 Office submits a notice of violation to the Board under
18 (c)(1)(C).
19 (3) When a person submits a notice to the Board under
20 paragraph (2) of subsection (c), The Board shall assign
21 the investigation to the law enforcement agency that
22 employs the law enforcement officer, except when: (i) the
23 law enforcement agency requests to refer the notice to
24 another law enforcement agency or the Board for
25 investigation and such other agency or the Board agrees to
26 conduct the investigation; (ii) an external, independent,

HB5217 - 22 - LRB103 38096 AWJ 68228 b

HB5217- 23 -LRB103 38096 AWJ 68228 b HB5217 - 23 - LRB103 38096 AWJ 68228 b
HB5217 - 23 - LRB103 38096 AWJ 68228 b
1 or civilian oversight agency conducts the investigation in
2 accordance with local ordinance or other applicable law;
3 or (iii) the Board has determined that it will conduct the
4 investigation based upon the facts and circumstances of
5 the alleged violation, including but not limited to,
6 investigations regarding the Chief or Sheriff of a law
7 enforcement agency, familial conflict of interests,
8 complaints involving a substantial portion of a law
9 enforcement agency, or complaints involving a policy of a
10 law enforcement agency.
11 The investigating entity or agency shall submit
12 quarterly reports to the Board regarding the progress of
13 the investigation in a form to be determined by the Board.
14 The quarterly report shall be reviewed by the individual
15 at the Board who conducted the preliminary review, if
16 available.
17 The investigating entity or agency shall, within 7 days of
18 completing an investigation, deliver an Investigative
19 Summary Report and copies of any evidence to the Board. If
20 the Board finds an investigation conducted under this
21 subsection (f)(3) is incomplete, unsatisfactory, or
22 deficient in any way, the Board may direct the
23 investigating entity to take any additional investigative
24 steps deemed necessary to thoroughly and satisfactorily
25 complete the investigation, or the Board may take any
26 steps necessary to complete the investigation. The

HB5217 - 23 - LRB103 38096 AWJ 68228 b

HB5217- 24 -LRB103 38096 AWJ 68228 b HB5217 - 24 - LRB103 38096 AWJ 68228 b
HB5217 - 24 - LRB103 38096 AWJ 68228 b
1 investigating entity or agency or, when necessary, the
2 Board will then amend and re-submit the Investigative
3 Summary Report to the Board for approval. The
4 investigating entity shall cooperate with and assist the
5 Board, as necessary, in any subsequent investigation.
6 (4) Concurrent Investigations. The Board may, at any
7 point, initiate a concurrent investigation under this
8 section. The original investigating entity shall timely
9 communicate, coordinate, and cooperate with the Board to
10 the fullest extent. The Board shall promulgate rules that
11 shall address, at a minimum, the sharing of information
12 and investigative means such as subpoenas and interviewing
13 witnesses.
14 (5) Investigative Summary Report. An Investigative
15 Summary Report shall contain, at a minimum, the
16 allegations and elements within each allegation followed
17 by the testimonial, documentary, or physical evidence that
18 is relevant to each such allegation or element listed and
19 discussed in association with it. All persons who have
20 been interviewed and listed in the Investigative Summary
21 Report will be identified as a complainant, witness,
22 person with specialized knowledge, or law enforcement
23 employee.
24 (6) Each law enforcement agency shall adopt a written
25 policy regarding the investigation of conduct under
26 subsection (a) that involves a law enforcement officer

HB5217 - 24 - LRB103 38096 AWJ 68228 b

HB5217- 25 -LRB103 38096 AWJ 68228 b HB5217 - 25 - LRB103 38096 AWJ 68228 b
HB5217 - 25 - LRB103 38096 AWJ 68228 b
1 employed by that law enforcement agency. The written
2 policy adopted must include the following, at a minimum:
3 (a) Each law enforcement officer shall immediately
4 report any conduct under subsection (b) to the
5 appropriate supervising officer.
6 (b) The written policy under this Section shall be
7 available for inspection and copying under the Freedom
8 of Information Act, and not subject to any exemption
9 of that Act.
10 (7) Nothing in this Act shall prohibit a law
11 enforcement agency from conducting an investigation for
12 the purpose of internal discipline. However, any such
13 investigation shall be conducted in a manner that avoids
14 interference with, and preserves the integrity of, any
15 separate investigation by the Board being conducted.
16 (g) Formal complaints. Upon receipt of an Investigative
17 Summary Report, the Board shall review the Report and any
18 relevant evidence obtained and determine whether there is
19 reasonable basis to believe that the law enforcement officer
20 committed any conduct that would be deemed a violation of this
21 Act. If after reviewing the Report and any other relevant
22 evidence obtained, the Board determines that a reasonable
23 basis does exist, the Board shall file a formal complaint with
24 the Certification Review Panel.
25 (h) Formal Complaint Hearing.
26 (1) Upon issuance of a formal complaint, the Panel

HB5217 - 25 - LRB103 38096 AWJ 68228 b

HB5217- 26 -LRB103 38096 AWJ 68228 b HB5217 - 26 - LRB103 38096 AWJ 68228 b
HB5217 - 26 - LRB103 38096 AWJ 68228 b
1 shall set the matter for an initial hearing in front of an
2 administrative law judge. At least 30 days before the date
3 set for an initial hearing, the Panel must, in writing,
4 notify the law enforcement officer subject to the
5 complaint of the following:
6 (i) the allegations against the law enforcement
7 officer, the time and place for the hearing, and
8 whether the law enforcement officer's certification
9 has been temporarily suspended under Section 8.3;
10 (ii) the right to file a written answer to the
11 complaint with the Panel within 30 days after service
12 of the notice;
13 (iii) if the law enforcement officer fails to
14 comply with the notice of the default order in
15 paragraph (2), the Panel shall enter a default order
16 against the law enforcement officer along with a
17 finding that the allegations in the complaint are
18 deemed admitted, and that the law enforcement
19 officer's certification may be revoked as a result;
20 and
21 (iv) the law enforcement officer may request an
22 informal conference to surrender the officer's
23 certification.
24 (2) The Board shall send the law enforcement officer
25 notice of the default order. The notice shall state that
26 the officer has 30 days to notify the Board in writing of

HB5217 - 26 - LRB103 38096 AWJ 68228 b

HB5217- 27 -LRB103 38096 AWJ 68228 b HB5217 - 27 - LRB103 38096 AWJ 68228 b
HB5217 - 27 - LRB103 38096 AWJ 68228 b
1 their desire to have the order vacated and to appear
2 before the Board. If the law enforcement officer does not
3 notify the Board within 30 days, the Board may set the
4 matter for hearing. If the matter is set for hearing, the
5 Board shall send the law enforcement officer the notice of
6 the date, time and location of the hearing. If the law
7 enforcement officer or counsel for the officer does
8 appear, at the Board's discretion, the hearing may proceed
9 or may be continued to a date and time agreed upon by all
10 parties. If on the date of the hearing, neither the law
11 enforcement officer nor counsel for the officer appears,
12 the Board may proceed with the hearing for default in
13 their absence.
14 (3) If the law enforcement officer fails to comply
15 with paragraph (2), all of the allegations contained in
16 the complaint shall be deemed admitted and the law
17 enforcement officer shall be decertified if, by a majority
18 vote of the panel, the conduct charged in the complaint is
19 found to constitute sufficient grounds for decertification
20 under this Act. Notice of the decertification decision may
21 be served by personal delivery, by mail, or, at the
22 discretion of the Board, by electronic means as adopted by
23 rule to the address or email address specified by the law
24 enforcement officer in the officer's last communication
25 with the Board. Notice shall also be provided to the law
26 enforcement officer's employing law enforcement agency.

HB5217 - 27 - LRB103 38096 AWJ 68228 b

HB5217- 28 -LRB103 38096 AWJ 68228 b HB5217 - 28 - LRB103 38096 AWJ 68228 b
HB5217 - 28 - LRB103 38096 AWJ 68228 b
1 (4) The Board, at the request of the law enforcement
2 officer subject to the Formal Complaint, may suspend a
3 hearing on a Formal Complaint for no more than one year if
4 a concurrent criminal matter is pending. If the law
5 enforcement officer requests to have the hearing
6 suspended, the law enforcement officer's certification
7 shall be deemed inactive until the law enforcement
8 officer's Formal Complaint hearing concludes. The Board or
9 the law enforcement officer may request to have the
10 hearing suspended for up to 6 additional months for good
11 cause. This request may be renewed. For purposes of this
12 paragraph (4), "good cause" means an incident or
13 occurrence that is beyond the control of the requester and
14 that prevents the hearing from occurring, or holding the
15 hearing would impose an undue hardship or prejudice on the
16 requester.
17 (5) Surrender of certification or waiver. Upon the
18 Board's issuance of a complaint, and prior to hearing on
19 the matter, a law enforcement officer may choose to
20 surrender the officer's certification or waiver by
21 notifying the Board in writing of the officer's decision
22 to do so. Upon receipt of such notification from the law
23 enforcement officer, the Board shall immediately decertify
24 the officer, or revoke any waiver previously granted. In
25 the case of a surrender of certification or waiver, the
26 Board's proceeding shall terminate.

HB5217 - 28 - LRB103 38096 AWJ 68228 b

HB5217- 29 -LRB103 38096 AWJ 68228 b HB5217 - 29 - LRB103 38096 AWJ 68228 b
HB5217 - 29 - LRB103 38096 AWJ 68228 b
1 (6) Appointment of administrative law judges. The
2 Board shall retain any attorney licensed to practice law
3 in the State of Illinois to serve as an administrative law
4 judge in any action involving a law enforcement officer
5 under this Act. The administrative law judge shall be
6 retained to a term of no greater than 4 years. If more than
7 one judge is retained, the terms shall be staggered. The
8 administrative law judge has full authority to conduct the
9 hearings.
10 Administrative law judges will receive initial and
11 annual training that is adequate in quality, quantity,
12 scope, and type, and will cover, at minimum the following
13 topics:
14 (i) constitutional and other relevant law on
15 police-community encounters, including the law on the
16 use of force and stops, searches, and arrests;
17 (ii) police tactics;
18 (iii) investigations of police conduct;
19 (iv) impartial policing;
20 (v) policing individuals in crisis;
21 (vi) Illinois police policies, procedures, and
22 disciplinary rules;
23 (vii) procedural justice; and
24 (viii) community outreach.
25 The Board shall determine the content and extent of
26 the training within the scope provided for by this

HB5217 - 29 - LRB103 38096 AWJ 68228 b

HB5217- 30 -LRB103 38096 AWJ 68228 b HB5217 - 30 - LRB103 38096 AWJ 68228 b
HB5217 - 30 - LRB103 38096 AWJ 68228 b
1 subsection.
2 (7) Hearing. At the hearing, the administrative law
3 judge will hear the allegations alleged in the complaint.
4 The law enforcement officer, the counsel of the officer's
5 choosing, and the Board, or the officer's counsel, shall
6 be afforded the opportunity to present any pertinent
7 statements, testimony, evidence, and arguments. The law
8 enforcement officer shall be afforded the opportunity to
9 request that the Board compel the attendance of witnesses
10 and production of related documents. After the conclusion
11 of the hearing, the administrative law judge shall report
12 any findings of fact, conclusions of law, and recommended
13 disposition to the Panel. If the law enforcement officer
14 objects to any procedural or substantive legal portion of
15 the report, the officer may do so by written brief filed
16 with the Panel within 14 days after receipt of the report.
17 The Panel may grant reasonable extensions for good cause
18 shown or when mutually agreed upon by the parties.
19 No later than 28 days before the hearing, a party
20 shall disclose the following:
21 (i) The name and, if known, the address and
22 telephone number of each individual likely to have
23 information relevant to the hearing that the
24 disclosing party may use to support its claims or
25 defenses. This includes, but is not limited to, any
26 name that has previously been held as confidential by

HB5217 - 30 - LRB103 38096 AWJ 68228 b

HB5217- 31 -LRB103 38096 AWJ 68228 b HB5217 - 31 - LRB103 38096 AWJ 68228 b
HB5217 - 31 - LRB103 38096 AWJ 68228 b
1 the Board.
2 (ii) A copy of any documents and videos that are in
3 the possession, custody, or control of the party, and
4 that the disclosing party may use to support its
5 claims or defenses.
6 (8) Certification Review Meeting. Upon receipt of the
7 administrative law judge's findings of fact, conclusions
8 of law, and recommended disposition, and any submitted
9 objections from the law enforcement officer, the Panel
10 shall call for a certification review meeting.
11 In such a meeting, the Panel may adjourn into a closed
12 conference for the purposes of deliberating on the
13 evidence presented during the hearing. In closed
14 conference, the Panel shall consider the hearing officer's
15 findings of fact, conclusions of law, and recommended
16 disposition and may deliberate on all evidence and
17 testimony received and may consider the weight and
18 credibility to be given to the evidence received. No new
19 or additional evidence may be presented to the Panel.
20 After concluding its deliberations, the Panel shall
21 convene in open session for its consideration of the
22 matter. If a simple majority of the Panel finds that no
23 allegations in the complaint supporting one or more
24 charges of misconduct are proven by clear and convincing
25 evidence, then the Panel shall recommend to the Board that
26 the complaint be dismissed. If a simple majority of the

HB5217 - 31 - LRB103 38096 AWJ 68228 b

HB5217- 32 -LRB103 38096 AWJ 68228 b HB5217 - 32 - LRB103 38096 AWJ 68228 b
HB5217 - 32 - LRB103 38096 AWJ 68228 b
1 Panel finds that the allegations in the complaint
2 supporting one or more charges of misconduct are proven by
3 clear and convincing evidence, then the Panel shall
4 recommend to the Board to decertify the officer. The Panel
5 shall prepare a summary report as soon as practicable
6 after the completion of the meeting including the
7 following: the hearing officer's findings of fact,
8 conclusions of law, recommended disposition, and the
9 Panel's order.
10 (9) Final action by the Board. After receiving the
11 Panel's recommendations and any objections by the law
12 enforcement officer, and after due consideration of the
13 Panel's recommendations, the Board, by majority vote,
14 shall issue a final decision to decertify the law
15 enforcement officer or take no action in regard to the law
16 enforcement officer. No new or additional evidence may be
17 presented to the Board. If the Board makes a final
18 decision contrary to the recommendations of the Panel, the
19 Board shall set forth in its final written decision the
20 specific written reasons for not following the Panel's
21 recommendations. A copy of the Board's final decision
22 shall be served upon the law enforcement officer by the
23 Board, either personally or as provided in this Act for
24 the service of a notice of hearing. A copy of the Board's
25 final decision also shall be delivered to the last
26 employing law enforcement agency, the complainant, and the

HB5217 - 32 - LRB103 38096 AWJ 68228 b

HB5217- 33 -LRB103 38096 AWJ 68228 b HB5217 - 33 - LRB103 38096 AWJ 68228 b
HB5217 - 33 - LRB103 38096 AWJ 68228 b
1 Panel.
2 (10) Reconsideration of the Board's Decision. Within
3 30 days after service of the Board's final decision, the
4 Panel or the law enforcement officer may file a written
5 motion for reconsideration with the Review Committee. The
6 motion for reconsideration shall specify the particular
7 grounds for reconsideration. The non-moving party may
8 respond to the motion for reconsideration. The Review
9 Committee shall only address the issues raised by the
10 parties.
11 The Review Committee may deny the motion for
12 reconsideration, or it may grant the motion in whole or in
13 part and issue a new final decision in the matter. The
14 Review Committee must notify the law enforcement officer
15 and their last employing law enforcement agency within 14
16 days of a denial and state the reasons for denial.
17 (i) This Section applies to conduct by a full-time or
18 part-time law enforcement officer in violation of subsection
19 (b) that occurred before, on, or after the effective date of
20 this amendatory Act of the 102nd General Assembly.
21 (j) Notwithstanding any provision of law to the contrary,
22 the changes made to this Section by this amendatory Act of the
23 102nd General Assembly and Public Act 101-652 take effect July
24 1, 2022.
25 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

HB5217 - 33 - LRB103 38096 AWJ 68228 b

HB5217- 34 -LRB103 38096 AWJ 68228 b HB5217 - 34 - LRB103 38096 AWJ 68228 b
HB5217 - 34 - LRB103 38096 AWJ 68228 b
1 (50 ILCS 705/6.6)
2 Sec. 6.6. Administrative Review Law; application.
3 (a) All final administrative decisions by the Board or any
4 committee, including the Certification Review Panel, regarding
5 review of waivers of appeals or discretionary decertification
6 of the Board are subject to judicial review under the
7 Administrative Review Law and its rules. The term
8 "administrative decision" is defined in Section 3-101 of the
9 Code of Civil Procedure.
10 (b) Proceedings for judicial review shall be commenced in
11 Sangamon County or Cook County.
12 (Source: P.A. 101-652, eff. 1-1-22.)
13 (50 ILCS 705/6.7)
14 Sec. 6.7. Certification and decertification procedures
15 under Act exclusive. Notwithstanding any other law, the
16 certification and decertification procedures, including the
17 conduct of any investigation or hearing, under this Act are
18 the sole and exclusive procedures for certification as law
19 enforcement officers in Illinois and are not subject to
20 collective bargaining under the Illinois Public Labor
21 Relations Act or appealable except as set forth herein. The
22 provisions of any collective bargaining agreement adopted by a
23 law enforcement agency and covering the law enforcement
24 officer or officers under investigation shall be inapplicable
25 to any investigation or hearing conducted under this Act.

HB5217 - 34 - LRB103 38096 AWJ 68228 b

HB5217- 35 -LRB103 38096 AWJ 68228 b HB5217 - 35 - LRB103 38096 AWJ 68228 b
HB5217 - 35 - LRB103 38096 AWJ 68228 b
1 An individual has no property interest in law enforcement
2 certification at the time of initial certification or at any
3 time thereafter, including, but not limited to, after
4 decertification or after the officer's certification has been
5 deemed inactive. However, before taking any action to
6 decertify an officer, whether automatic decertification,
7 discretionary decertification, or lateral hire, the Board must
8 provide the officer with notice and an opportunity to be heard
9 by the Certification Review Panel, if requested. Nothing in
10 this Act shall be construed to create a requirement that a law
11 enforcement agency shall continue to employ a law enforcement
12 officer who has been decertified.
13 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
14 (50 ILCS 705/7)
15 Sec. 7. Rules and standards for schools. The Board shall
16 adopt rules and minimum standards for such schools which shall
17 include, but not be limited to, the following:
18 a. The curriculum for probationary law enforcement
19 officers which shall be offered by all certified schools
20 shall include, but not be limited to, courses of
21 procedural justice, arrest and use and control tactics,
22 search and seizure, including temporary questioning, civil
23 rights, human rights, human relations, cultural
24 competency, including implicit bias and racial and ethnic
25 sensitivity, criminal law, law of criminal procedure,

HB5217 - 35 - LRB103 38096 AWJ 68228 b

HB5217- 36 -LRB103 38096 AWJ 68228 b HB5217 - 36 - LRB103 38096 AWJ 68228 b
HB5217 - 36 - LRB103 38096 AWJ 68228 b
1 constitutional and proper use of law enforcement
2 authority, crisis intervention training, vehicle and
3 traffic law including uniform and non-discriminatory
4 enforcement of the Illinois Vehicle Code, traffic control
5 and crash investigation, techniques of obtaining physical
6 evidence, court testimonies, statements, reports, firearms
7 training, training in the use of electronic control
8 devices, including the psychological and physiological
9 effects of the use of those devices on humans, first-aid
10 (including cardiopulmonary resuscitation), training in the
11 administration of opioid antagonists as defined in
12 paragraph (1) of subsection (e) of Section 5-23 of the
13 Substance Use Disorder Act, handling of juvenile
14 offenders, recognition of mental conditions and crises,
15 including, but not limited to, the disease of addiction,
16 which require immediate assistance and response and
17 methods to safeguard and provide assistance to a person in
18 need of mental treatment, recognition of abuse, neglect,
19 financial exploitation, and self-neglect of adults with
20 disabilities and older adults, as defined in Section 2 of
21 the Adult Protective Services Act, crimes against the
22 elderly, law of evidence, the hazards of high-speed police
23 vehicle chases with an emphasis on alternatives to the
24 high-speed chase, and physical training. The curriculum
25 shall include specific training in techniques for
26 immediate response to and investigation of cases of

HB5217 - 36 - LRB103 38096 AWJ 68228 b

HB5217- 37 -LRB103 38096 AWJ 68228 b HB5217 - 37 - LRB103 38096 AWJ 68228 b
HB5217 - 37 - LRB103 38096 AWJ 68228 b
1 domestic violence and of sexual assault of adults and
2 children, including cultural perceptions and common myths
3 of sexual assault and sexual abuse as well as interview
4 techniques that are age sensitive and are trauma informed,
5 victim centered, and victim sensitive. The curriculum
6 shall include training in techniques designed to promote
7 effective communication at the initial contact with crime
8 victims and ways to comprehensively explain to victims and
9 witnesses their rights under the Rights of Crime Victims
10 and Witnesses Act and the Crime Victims Compensation Act.
11 The curriculum shall also include training in effective
12 recognition of and responses to stress, trauma, and
13 post-traumatic stress experienced by law enforcement
14 officers that is consistent with Section 25 of the
15 Illinois Mental Health First Aid Training Act in a peer
16 setting, including recognizing signs and symptoms of
17 work-related cumulative stress, issues that may lead to
18 suicide, and solutions for intervention with peer support
19 resources. The curriculum shall include a block of
20 instruction addressing the mandatory reporting
21 requirements under the Abused and Neglected Child
22 Reporting Act. The curriculum shall also include a block
23 of instruction aimed at identifying and interacting with
24 persons with autism and other developmental or physical
25 disabilities, reducing barriers to reporting crimes
26 against persons with autism, and addressing the unique

HB5217 - 37 - LRB103 38096 AWJ 68228 b

HB5217- 38 -LRB103 38096 AWJ 68228 b HB5217 - 38 - LRB103 38096 AWJ 68228 b
HB5217 - 38 - LRB103 38096 AWJ 68228 b
1 challenges presented by cases involving victims or
2 witnesses with autism and other developmental
3 disabilities. The curriculum shall include training in the
4 detection and investigation of all forms of human
5 trafficking. The curriculum shall also include instruction
6 in trauma-informed responses designed to ensure the
7 physical safety and well-being of a child of an arrested
8 parent or immediate family member; this instruction must
9 include, but is not limited to: (1) understanding the
10 trauma experienced by the child while maintaining the
11 integrity of the arrest and safety of officers, suspects,
12 and other involved individuals; (2) de-escalation tactics
13 that would include the use of force when reasonably
14 necessary; and (3) inquiring whether a child will require
15 supervision and care. The curriculum for probationary law
16 enforcement officers shall include: (1) at least 12 hours
17 of hands-on, scenario-based role-playing; (2) at least 6
18 hours of instruction on use of force techniques, including
19 the use of de-escalation techniques to prevent or reduce
20 the need for force whenever safe and feasible; (3)
21 specific training on officer safety techniques, including
22 cover, concealment, and time; and (4) at least 6 hours of
23 training focused on high-risk traffic stops. The
24 curriculum for permanent law enforcement officers shall
25 include, but not be limited to: (1) refresher and
26 in-service training in any of the courses listed above in

HB5217 - 38 - LRB103 38096 AWJ 68228 b

HB5217- 39 -LRB103 38096 AWJ 68228 b HB5217 - 39 - LRB103 38096 AWJ 68228 b
HB5217 - 39 - LRB103 38096 AWJ 68228 b
1 this subparagraph, (2) advanced courses in any of the
2 subjects listed above in this subparagraph, (3) training
3 for supervisory personnel, and (4) specialized training in
4 subjects and fields to be selected by the board. The
5 training in the use of electronic control devices shall be
6 conducted for probationary law enforcement officers,
7 including University police officers. The curriculum shall
8 also include training on the use of a firearms restraining
9 order by providing instruction on the process used to file
10 a firearms restraining order and how to identify
11 situations in which a firearms restraining order is
12 appropriate.
13 b. Minimum courses of study, attendance requirements
14 and equipment requirements.
15 c. Minimum requirements for instructors.
16 d. Minimum basic training requirements, which a
17 probationary law enforcement officer must satisfactorily
18 complete before being eligible for permanent employment as
19 a local law enforcement officer for a participating local
20 governmental or State governmental agency. Those
21 requirements shall include training in first aid
22 (including cardiopulmonary resuscitation).
23 e. Minimum basic training requirements, which a
24 probationary county corrections officer must
25 satisfactorily complete before being eligible for
26 permanent employment as a county corrections officer for a

HB5217 - 39 - LRB103 38096 AWJ 68228 b

HB5217- 40 -LRB103 38096 AWJ 68228 b HB5217 - 40 - LRB103 38096 AWJ 68228 b
HB5217 - 40 - LRB103 38096 AWJ 68228 b
1 participating local governmental agency.
2 f. Minimum basic training requirements which a
3 probationary court security officer must satisfactorily
4 complete before being eligible for permanent employment as
5 a court security officer for a participating local
6 governmental agency. The Board shall establish those
7 training requirements which it considers appropriate for
8 court security officers and shall certify schools to
9 conduct that training.
10 A person hired to serve as a court security officer
11 must obtain from the Board a certificate (i) attesting to
12 the officer's successful completion of the training
13 course; (ii) attesting to the officer's satisfactory
14 completion of a training program of similar content and
15 number of hours that has been found acceptable by the
16 Board under the provisions of this Act; or (iii) attesting
17 to the Board's determination that the training course is
18 unnecessary because of the person's extensive prior law
19 enforcement experience.
20 Individuals who currently serve as court security
21 officers shall be deemed qualified to continue to serve in
22 that capacity so long as they are certified as provided by
23 this Act within 24 months of June 1, 1997 (the effective
24 date of Public Act 89-685). Failure to be so certified,
25 absent a waiver from the Board, shall cause the officer to
26 forfeit his or her position.

HB5217 - 40 - LRB103 38096 AWJ 68228 b

HB5217- 41 -LRB103 38096 AWJ 68228 b HB5217 - 41 - LRB103 38096 AWJ 68228 b
HB5217 - 41 - LRB103 38096 AWJ 68228 b
1 All individuals hired as court security officers on or
2 after June 1, 1997 (the effective date of Public Act
3 89-685) shall be certified within 12 months of the date of
4 their hire, unless a waiver has been obtained by the
5 Board, or they shall forfeit their positions.
6 The Sheriff's Merit Commission, if one exists, or the
7 Sheriff's Office if there is no Sheriff's Merit
8 Commission, shall maintain a list of all individuals who
9 have filed applications to become court security officers
10 and who meet the eligibility requirements established
11 under this Act. Either the Sheriff's Merit Commission, or
12 the Sheriff's Office if no Sheriff's Merit Commission
13 exists, shall establish a schedule of reasonable intervals
14 for verification of the applicants' qualifications under
15 this Act and as established by the Board.
16 g. (Blank). Minimum in-service training requirements,
17 which a law enforcement officer must satisfactorily
18 complete every 3 years. Those requirements shall include
19 constitutional and proper use of law enforcement
20 authority, procedural justice, civil rights, human rights,
21 reporting child abuse and neglect, and cultural
22 competency, including implicit bias and racial and ethnic
23 sensitivity. These trainings shall consist of at least 30
24 hours of training every 3 years.
25 h. (Blank). Minimum in-service training requirements,
26 which a law enforcement officer must satisfactorily

HB5217 - 41 - LRB103 38096 AWJ 68228 b

HB5217- 42 -LRB103 38096 AWJ 68228 b HB5217 - 42 - LRB103 38096 AWJ 68228 b
HB5217 - 42 - LRB103 38096 AWJ 68228 b
1 complete at least annually. Those requirements shall
2 include law updates, emergency medical response training
3 and certification, crisis intervention training, and
4 officer wellness and mental health.
5 i. (Blank). Minimum in-service training requirements
6 as set forth in Section 10.6.
7 Notwithstanding any provision of law to the contrary, the
8 changes made to this Section by Public Act 101-652, Public Act
9 102-28, and Public Act 102-694 take effect July 1, 2022.
10 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
11 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
12 7-1-23; 103-154, eff. 6-30-23.)
13 (50 ILCS 705/7.9 new)
14 Sec. 7.9. System for the development, delivery, and
15 tracking of in-service training courses.
16 (a) The Board shall establish a system for the
17 development, delivery, and tracking of in-service training
18 courses. The Board may designate any training to be delivered
19 electronically as appropriate unless otherwise determined in
20 the Act. The content for these courses shall include, but not
21 be limited to:
22 (1) refresher and in-service training in any of the
23 courses listed in subsection (b);
24 (2) advanced courses in any of the subjects listed in
25 subsection (b);

HB5217 - 42 - LRB103 38096 AWJ 68228 b

HB5217- 43 -LRB103 38096 AWJ 68228 b HB5217 - 43 - LRB103 38096 AWJ 68228 b
HB5217 - 43 - LRB103 38096 AWJ 68228 b
1 (3) training for supervisory personnel; and
2 (4) specialized training in subjects and fields to be
3 selected by the Board.
4 (b) The Board shall establish minimum in-service training
5 requirements that a police officer must satisfactorily
6 complete. Mandatory training shall be completed every 3 years.
7 Beginning January 1, 2026, the training shall consist of at
8 least 40 hours of training over a 3-year period and shall
9 include the topics described in this subsection. Training
10 designated in other statutes shall be incorporated into this
11 Section and shall be governed by the conditions of this
12 Section. Any training conducted in the 3 years prior to the
13 first reporting shall satisfy the requirements under this
14 Section. The training shall provide officers with knowledge of
15 policies and laws regulating the use of force; equip officers
16 with tactics and skills, including de-escalation techniques,
17 to prevent or reduce the need to use force or, when force must
18 be used, to use force that is objectively reasonable,
19 necessary, and proportional under the totality of the
20 circumstances; and ensure appropriate supervision and
21 accountability. The training shall also include training in
22 the following:
23 (1) specific instruction on use of force techniques,
24 including the use of de-escalation techniques to prevent
25 or reduce the need for force whenever safe and feasible,
26 including scenario-based training that can be delivered

HB5217 - 43 - LRB103 38096 AWJ 68228 b

HB5217- 44 -LRB103 38096 AWJ 68228 b HB5217 - 44 - LRB103 38096 AWJ 68228 b
HB5217 - 44 - LRB103 38096 AWJ 68228 b
1 in-person or virtually;
2 (2) specific training focused on high-risk traffic
3 stops;
4 (3) specific training on the law concerning stops,
5 searches, and the use of force under the Fourth Amendment
6 of the United States Constitution;
7 (4) specific training on officer safety techniques,
8 including cover, concealment, and time;
9 (5) cultural competency, including implicit bias and
10 racial and ethnic sensitivity;
11 (6) constitutional and proper use of law enforcement
12 authority;
13 (7) procedural justice;
14 (8) civil rights;
15 (9) human rights;
16 (10) trauma informed response to sexual assault;
17 (11) reporting child abuse and neglect;
18 (12) the psychology of domestic violence;
19 (13) law updates;
20 (14) emergency medical response;
21 (15) crisis intervention;
22 (16) officer wellness and mental health; and
23 (17) firearms restraining order training, including
24 training in firearms restraining orders, how to identify
25 situations in which a firearms restraining order is
26 appropriate, and how to safely promote the usage of the

HB5217 - 44 - LRB103 38096 AWJ 68228 b

HB5217- 45 -LRB103 38096 AWJ 68228 b HB5217 - 45 - LRB103 38096 AWJ 68228 b
HB5217 - 45 - LRB103 38096 AWJ 68228 b
1 firearms restraining order in different situations.
2 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
3 Sec. 8.1. Full-time law enforcement and county corrections
4 officers.
5 (a) No person shall receive a permanent appointment as a
6 law enforcement officer or a permanent appointment as a county
7 corrections officer unless that person has been awarded,
8 within 6 months of the officer's initial full-time employment,
9 a certificate attesting to the officer's successful completion
10 of the Minimum Standards Basic Law Enforcement or County
11 Correctional Training Course as prescribed by the Board; or
12 has been awarded a certificate attesting to the officer's
13 satisfactory completion of a training program of similar
14 content and number of hours and which course has been found
15 acceptable by the Board under the provisions of this Act; or a
16 training waiver by reason of prior law enforcement or county
17 corrections experience, obtained in Illinois, in any other
18 state, or with an agency of the federal government, the basic
19 training requirement is determined by the Board to be
20 illogical and unreasonable. A law enforcement agency may
21 submit a waiver request for a prospective employee before
22 making a conditional offer. A waiver request and decision for
23 an out-of-state officer shall be completed prior to a
24 conditional offer. A prospective officer may be granted a
25 waiver prior to accepting a position. Agencies seeking a

HB5217 - 45 - LRB103 38096 AWJ 68228 b

HB5217- 46 -LRB103 38096 AWJ 68228 b HB5217 - 46 - LRB103 38096 AWJ 68228 b
HB5217 - 46 - LRB103 38096 AWJ 68228 b
1 reciprocity waiver for training completed outside of Illinois
2 must conduct a thorough background check and provide
3 verification of the officer's prior training. After review and
4 satisfaction of all requested conditions, the officer shall be
5 awarded an equivalency certificate satisfying the requirements
6 of this Section. Within 60 days after the effective date of
7 this amendatory Act of the 103rd General Assembly, the Board
8 shall adopt uniform rules providing for a waiver process for a
9 person previously employed and qualified as a law enforcement
10 or county corrections officer under federal law or the laws of
11 any other state, or who has completed a basic law enforcement
12 officer or correctional officer academy who would be qualified
13 to be employed as a law enforcement officer or correctional
14 officer by the federal government or any other state. These
15 rules shall address the process for evaluating prior training
16 credit, a description and list of the courses typically
17 required for reciprocity candidates to complete prior to
18 taking the exam, and a procedure for employers seeking a
19 pre-activation determination for a reciprocity training
20 waiver. The rules shall provide that any eligible person
21 previously trained as a law enforcement or county corrections
22 officer under federal law or the laws of any other state shall
23 successfully complete the following prior to the approval of a
24 waiver:
25 (1) a training program or set of coursework approved
26 by the Board on the laws of this State relevant to the

HB5217 - 46 - LRB103 38096 AWJ 68228 b

HB5217- 47 -LRB103 38096 AWJ 68228 b HB5217 - 47 - LRB103 38096 AWJ 68228 b
HB5217 - 47 - LRB103 38096 AWJ 68228 b
1 duties and training requirements of law enforcement and
2 county correctional officers;
3 (2) firearms training; and
4 (3) successful passage of the equivalency
5 certification examination.
6 Upon receiving final notification from the Board on
7 training required for any waiver, the employing agency shall
8 ensure all necessary training is completed within 6 months of
9 the training being available. If such training is required and
10 not completed within the applicable 6 months, then the officer
11 must forfeit the officer's position, or the employing agency
12 must obtain a waiver from the Board extending the period for
13 compliance. Such waiver shall be issued only for good and
14 justifiable reasons, and in no case shall extend more than 90
15 days beyond the initial 6 months. Any hiring agency that fails
16 to train a law enforcement officer within this period shall be
17 prohibited from employing this individual in a law enforcement
18 capacity for one year from the date training was to be
19 completed. If an agency again fails to train the individual a
20 second time, the agency shall be permanently barred from
21 employing this individual in a law enforcement capacity.
22 An individual who is not certified by the Board or whose
23 certified status is inactive shall not function as a law
24 enforcement officer, be assigned the duties of a law
25 enforcement officer by an employing agency, or be authorized
26 to carry firearms under the authority of the employer, except

HB5217 - 47 - LRB103 38096 AWJ 68228 b

HB5217- 48 -LRB103 38096 AWJ 68228 b HB5217 - 48 - LRB103 38096 AWJ 68228 b
HB5217 - 48 - LRB103 38096 AWJ 68228 b
1 as otherwise authorized to carry a firearm under State or
2 federal law. Sheriffs who are elected as of January 1, 2022
3 (the effective date of Public Act 101-652) are exempt from the
4 requirement of certified status. Failure to be certified in
5 accordance with this Act shall cause the officer to forfeit
6 the officer's position.
7 An employing agency may not grant a person status as a law
8 enforcement officer unless the person has been granted an
9 active law enforcement officer certification by the Board.
10 (b) Inactive status. A person who has an inactive law
11 enforcement officer certification has no law enforcement
12 authority.
13 (1) A law enforcement officer's certification becomes
14 inactive upon termination, resignation, retirement, or
15 separation from the officer's employing law enforcement
16 agency for any reason unless there is less than a 24-month
17 break in service between law enforcement agencies. The
18 Board shall re-activate a certification upon written
19 application from the law enforcement officer's law
20 enforcement agency that shows the law enforcement officer:
21 (i) has accepted a full-time law enforcement position with
22 that law enforcement agency, (ii) is not the subject of a
23 decertification proceeding, and (iii) meets all other
24 criteria for re-activation required by the Board. The
25 Board may also establish special training requirements to
26 be completed as a condition for re-activation. However, an

HB5217 - 48 - LRB103 38096 AWJ 68228 b

HB5217- 49 -LRB103 38096 AWJ 68228 b HB5217 - 49 - LRB103 38096 AWJ 68228 b
HB5217 - 49 - LRB103 38096 AWJ 68228 b
1 officer with less than a 24-month break in service will
2 not require reactivation and his waiver request could be
3 reviewed under subsection (a).
4 The Board shall review a notice for reactivation from
5 a law enforcement agency and provide a response within 30
6 days. The Board may extend this review. A law enforcement
7 officer shall be allowed to be employed as a full-time law
8 enforcement officer while the law enforcement officer
9 reactivation waiver is under review.
10 A law enforcement officer who is refused reactivation
11 or an employing agency of a law enforcement officer who is
12 refused reactivation under this Section may request a
13 hearing in accordance with the hearing procedures as
14 outlined in subsection (h) of Section 6.3 of this Act.
15 The Board may refuse to re-activate the certification
16 of a law enforcement officer who was involuntarily
17 terminated for good cause by an employing agency for
18 conduct subject to decertification under this Act or
19 resigned or retired after receiving notice of a law
20 enforcement agency's investigation.
21 (2) A law enforcement agency may place an officer who
22 is currently certified on inactive status by sending a
23 written request to the Board. A law enforcement officer
24 whose certificate has been placed on inactive status shall
25 not function as a law enforcement officer until the
26 officer has completed any requirements for reactivating

HB5217 - 49 - LRB103 38096 AWJ 68228 b

HB5217- 50 -LRB103 38096 AWJ 68228 b HB5217 - 50 - LRB103 38096 AWJ 68228 b
HB5217 - 50 - LRB103 38096 AWJ 68228 b
1 the certificate as required by the Board. A request for
2 inactive status in this subsection shall be in writing,
3 accompanied by verifying documentation, and shall be
4 submitted to the Board with a copy to the chief
5 administrator of the law enforcement officer's current or
6 new employing agency.
7 (3) Certification that has become inactive under
8 paragraph (2) of this subsection (b) shall be reactivated
9 by written notice from the law enforcement officer's
10 agency upon a showing that the law enforcement officer:
11 (i) is employed in a full-time law enforcement position
12 with the same law enforcement agency, (ii) is not the
13 subject of a decertification proceeding, and (iii) meets
14 all other criteria for re-activation required by the
15 Board.
16 (4) Notwithstanding paragraph (3) of this subsection
17 (b), a law enforcement officer whose certification has
18 become inactive under paragraph (2) may have the officer's
19 employing agency submit a request for a waiver of training
20 requirements to the Board in writing and accompanied by
21 any verifying documentation. A grant of a waiver is within
22 the discretion of the Board. Within 7 days of receiving a
23 request for a waiver under this Section, the Board shall
24 notify the law enforcement officer and the chief
25 administrator of the law enforcement officer's employing
26 agency, whether the request has been granted, denied, or

HB5217 - 50 - LRB103 38096 AWJ 68228 b

HB5217- 51 -LRB103 38096 AWJ 68228 b HB5217 - 51 - LRB103 38096 AWJ 68228 b
HB5217 - 51 - LRB103 38096 AWJ 68228 b
1 if the Board will take additional time for information. A
2 law enforcement agency whose request for a waiver under
3 this subsection is denied is entitled to request a review
4 of the denial by the Board. The law enforcement agency
5 must request a review within 20 days of the waiver being
6 denied. The burden of proof shall be on the law
7 enforcement agency to show why the law enforcement officer
8 is entitled to a waiver of the legislatively required
9 training and eligibility requirements.
10 (c) No provision of this Section shall be construed to
11 mean that a county corrections officer employed by a
12 governmental agency at the time of the effective date of this
13 amendatory Act, either as a probationary county corrections
14 officer or as a permanent county corrections officer, shall
15 require certification under the provisions of this Section. No
16 provision of this Section shall be construed to apply to
17 certification of elected county sheriffs.
18 (d) Within 14 days, a law enforcement officer shall report
19 to the Board: (1) any name change; (2) any change in
20 employment; or (3) the filing of any criminal indictment or
21 charges against the officer alleging that the officer
22 committed any offense as enumerated in Section 6.1 of this
23 Act.
24 (e) All law enforcement officers must report the
25 completion of the training requirements required in this Act
26 in compliance with Section 8.4 of this Act.

HB5217 - 51 - LRB103 38096 AWJ 68228 b

HB5217- 52 -LRB103 38096 AWJ 68228 b HB5217 - 52 - LRB103 38096 AWJ 68228 b
HB5217 - 52 - LRB103 38096 AWJ 68228 b
1 (e-1) Each employing law enforcement agency shall allow
2 and provide an opportunity for a law enforcement officer to
3 complete the mandated requirements in this Act. All mandated
4 training shall be provided at no cost to the employees.
5 Employees shall be paid for all time spent attending mandated
6 training.
7 (e-2) Each agency, academy, or training provider shall
8 maintain proof of a law enforcement officer's completion of
9 legislatively required training in a format designated by the
10 Board. The report of training shall be submitted to the Board
11 within 30 days following completion of the training. A copy of
12 the report shall be submitted to the law enforcement officer.
13 Upon receipt of a properly completed report of training, the
14 Board will make the appropriate entry into the training
15 records of the law enforcement officer.
16 (f) This Section does not apply to part-time law
17 enforcement officers or probationary part-time law enforcement
18 officers.
19 (g) Notwithstanding any provision of law to the contrary,
20 the changes made to this Section by Public Act 101-652, Public
21 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
22 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
23 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
24 (50 ILCS 705/8.4)
25 Sec. 8.4. Law enforcement compliance verification.

HB5217 - 52 - LRB103 38096 AWJ 68228 b

HB5217- 53 -LRB103 38096 AWJ 68228 b HB5217 - 53 - LRB103 38096 AWJ 68228 b
HB5217 - 53 - LRB103 38096 AWJ 68228 b
1 (a)(1) Unless on inactive status under subsection (b) of
2 Section 8.1 or subsection (b) of Section 8.2, every law
3 enforcement agency officer subject to this Act shall annually
4 submit a verification form for every law enforcement officer
5 subject to this Act that confirms compliance with this Act.
6 The verification shall apply to the 3 calendar years preceding
7 the date of verification. Law enforcement officers shall
8 submit the officer's first report by January 30 during the
9 initial three-year reporting period, as determined on the
10 basis of the law enforcement officer's last name under
11 paragraph (2) of this subsection then every third year of the
12 officer's applicable three-year report period as determined by
13 the Board. At the conclusion of each law enforcement officer's
14 applicable reporting period, the chief administrative officer
15 of the officer's employer shall law enforcement agency is to
16 determine the compliance with the training requirements of
17 each officer under this Section. An officer must also may
18 verify the officer's their successful completion of training
19 requirements with the officer's their law enforcement agency.
20 Each law enforcement officer is responsible for reporting and
21 demonstrating compliance to the officer's chief administrative
22 officer.
23 (2) The applicable three-year reporting period shall begin
24 on January 30, 2023 for law enforcement officers whose last
25 names being with the letters A through G, on January 30, 2024
26 for law enforcement officers whose last names being with the

HB5217 - 53 - LRB103 38096 AWJ 68228 b

HB5217- 54 -LRB103 38096 AWJ 68228 b HB5217 - 54 - LRB103 38096 AWJ 68228 b
HB5217 - 54 - LRB103 38096 AWJ 68228 b
1 letters H through O, and January 30, 2025 for law enforcement
2 officers whose last names being with the letters P through Z.
3 (3) The compliance verification form shall be in a form
4 and manner prescribed by the Board and, at a minimum, include
5 the following: (i) verification that the law enforcement
6 officer has completed the mandatory training programs in the
7 preceding 3 years; (ii) the law enforcement officer's current
8 employment information, including but not limited to, the
9 termination of any previous law enforcement or security
10 employment in the relevant time period; and (iii) a statement
11 verifying that the officer has not committed misconduct under
12 Section 6.1.
13 (b) (1) On October 1 of each year, the Board shall send
14 notice to all certified law enforcement officers and law
15 enforcement agencies, unless exempted in (a), of the upcoming
16 deadline to submit the compliance verification form. No later
17 than March 1 of each year, the Board shall send notice to all
18 certified law enforcement officers who have failed to submit
19 the compliance verification form, as well as the officer's law
20 enforcement agencies. The Board shall not send a notice of
21 noncompliance to law enforcement officers whom the Board
22 knows, based on the status of the law enforcement officer's
23 certification status, are inactive or retired. The Board may
24 accept compliance verification forms until April 1 of the year
25 in which a law enforcement officer is required to submit the
26 form.

HB5217 - 54 - LRB103 38096 AWJ 68228 b

HB5217- 55 -LRB103 38096 AWJ 68228 b HB5217 - 55 - LRB103 38096 AWJ 68228 b
HB5217 - 55 - LRB103 38096 AWJ 68228 b
1 (2) No earlier than April 1 of the year in which a law
2 enforcement officer is required to submit a verification form,
3 the Board may determine a law enforcement officer's
4 certification to be inactive if the law enforcement officer
5 failed to either: (1) submit a compliance verification in
6 accordance with this Section; or (2) report an exemption from
7 the requirements of this Section. The Board shall then send
8 notice, by mail or email, to any such law enforcement officer
9 and the officer's law enforcement agency that the officer's
10 certificate will be deemed inactive on the date specified in
11 the notice, which shall be no sooner than 21 days from the date
12 of the notice, because of the officer's failure to comply or
13 report compliance, or failure to report an exemption. The
14 Board shall deem inactive the certificate of such law
15 enforcement officers on the date specified in the notice
16 unless the Board determines before that date that the law
17 enforcement officer has complied. A determination that a
18 certificate is inactive under this section is not a
19 disciplinary sanction.
20 (3) A law enforcement officer who was on inactive status
21 shall, upon return to active status, be required to complete
22 the deferred training programs within 1 year.
23 (4) The Board may waive the reporting requirements, as
24 required in this section, if the law enforcement officer or
25 the officer's law enforcement agency demonstrates the
26 existence of mitigating circumstances justifying the law

HB5217 - 55 - LRB103 38096 AWJ 68228 b

HB5217- 56 -LRB103 38096 AWJ 68228 b HB5217 - 56 - LRB103 38096 AWJ 68228 b
HB5217 - 56 - LRB103 38096 AWJ 68228 b
1 enforcement officer's failure to obtain the training
2 requirements due to failure of the officer's law enforcement
3 agency or the Board to offer the training requirement during
4 the officer's required compliance verification period. If the
5 Board finds that the law enforcement officer can meet the
6 training requirements with extended time, the Board may allow
7 the law enforcement officer a maximum of six additional months
8 to complete the requirements.
9 (5) A request for a training waiver under this subsection
10 due to the mitigating circumstance shall be in writing,
11 accompanied by verifying documentation, and shall be submitted
12 to the Board not less than 30 days before the end of the law
13 enforcement officer's required compliance verification period.
14 (6) A law enforcement officer whose request for waiver
15 under this subsection is denied, is entitled to a request for a
16 review by the Board. The law enforcement officer or the
17 officer's law enforcement agency must request a review within
18 20 days after the waiver being denied. The burden of proof
19 shall be on the law enforcement officer to show why the officer
20 is entitled to a waiver.
21 (c) Recordkeeping and audits.
22 (1) For four years after the end of each reporting
23 period, each certified law enforcement officer shall
24 maintain sufficient documentation necessary to corroborate
25 compliance with the mandatory training requirements under
26 this Act.

HB5217 - 56 - LRB103 38096 AWJ 68228 b

HB5217- 57 -LRB103 38096 AWJ 68228 b HB5217 - 57 - LRB103 38096 AWJ 68228 b
HB5217 - 57 - LRB103 38096 AWJ 68228 b
1 (2) Notwithstanding any other provision in state law,
2 for four years after the end of each reporting period,
3 each law enforcement agency shall maintain sufficient
4 documentation necessary to corroborate compliance with the
5 mandatory training requirements under this Act of each
6 officer it employs or employed within the relevant time
7 period.
8 (3) The Board may audit compliance verification forms
9 submitted to determine the accuracy of the submissions.
10 The audit may include but is not limited to, training
11 verification and a law enforcement officer background
12 check.
13 (d) Audits that reveal an inaccurate verification.
14 (1) If an audit conducted under paragraph (3) of
15 subsection (c) of this Section reveals inaccurate
16 information, the Board shall provide the law enforcement
17 officer and employing law enforcement agency with written
18 notice containing: (i) the results of the audit,
19 specifying each alleged inaccuracy; (ii) a summary of the
20 basis of that determination; and (iii) a deadline, which
21 shall be at least 30 days from the date of the notice, for
22 the law enforcement officer to file a written response if
23 the law enforcement officer objects to any of the contents
24 of the notice.
25 (2) After considering any response from the law
26 enforcement officer, if the Board determines that the law

HB5217 - 57 - LRB103 38096 AWJ 68228 b

HB5217- 58 -LRB103 38096 AWJ 68228 b HB5217 - 58 - LRB103 38096 AWJ 68228 b
HB5217 - 58 - LRB103 38096 AWJ 68228 b
1 enforcement officer filed an inaccurate verification, the
2 law enforcement officer shall be given 60 days in which to
3 file an amended verification form, together with all
4 documentation specified in paragraph (e)(1), demonstrating
5 full compliance with the applicable requirements.
6 (3) If the results of the audit suggest that the law
7 enforcement officer willfully filed a false verification
8 form, the Board shall submit a formal complaint to the
9 Panel for decertification. An officer who has been
10 decertified for willfully filing a false verification form
11 shall not be eligible for reactivation under subsection
12 (e).
13 (e) Reactivation. A law enforcement officer who has been
14 deemed inactive due to noncompliance with the reporting
15 requirements under paragraph (a)(1) may request to have the
16 Board re-activate his or her certification upon submitting a
17 compliance verification form that shows full compliance for
18 the period in which the law enforcement officer was deemed
19 inactive due to noncompliance. The Board shall make a
20 determination regarding a submission under this subsection
21 active no later than 7 days after the Board determines full
22 compliance or continued noncompliance.
23 A law enforcement officer whose request for reactivation
24 under this subsection (e) is denied is entitled to request a
25 review by the Board. The law enforcement officer or the
26 officer's law enforcement agency must request a review within

HB5217 - 58 - LRB103 38096 AWJ 68228 b

HB5217- 59 -LRB103 38096 AWJ 68228 b HB5217 - 59 - LRB103 38096 AWJ 68228 b
HB5217 - 59 - LRB103 38096 AWJ 68228 b
1 20 days after reactivation being denied. The burden of proof
2 shall be on the law enforcement officer or law enforcement
3 agency to show that the officer is in full compliance.
4 (f) Notwithstanding any provision of law to the contrary,
5 the changes made to this Section by this amendatory Act of the
6 102nd General Assembly and Public Act 101-652 take effect July
7 1, 2022.
8 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
9 (50 ILCS 705/9.2)
10 Sec. 9.2. Officer professional conduct database;
11 transparency.
12 (a) All law enforcement agencies and the Illinois State
13 Police shall notify the Board of any final determination of a
14 willful violation of department, agency, or the Illinois State
15 Police policy, official misconduct, or violation of law within
16 10 days after all appeals are exhausted after a final decision
17 is made when:
18 (1) the determination leads to a suspension of at
19 least 10 days;
20 (2) (blank); any infraction that would trigger an
21 official or formal investigation under a law enforcement
22 agency or the Illinois State Police policy;
23 (3) there is an allegation of misconduct or regarding
24 truthfulness as to a material fact, bias, or integrity; or
25 (4) the officer resigns or retires during the course

HB5217 - 59 - LRB103 38096 AWJ 68228 b

HB5217- 60 -LRB103 38096 AWJ 68228 b HB5217 - 60 - LRB103 38096 AWJ 68228 b
HB5217 - 60 - LRB103 38096 AWJ 68228 b
1 of a formal an investigation, as that term is defined
2 under Section 2 of the Uniform Peace Officers'
3 Disciplinary Act, and the officer has been served notice
4 that the officer is under a formal investigation.
5 Agencies and the Illinois State Police may report to the
6 Board any conduct they deem appropriate to disseminate to
7 another law enforcement agency regarding a law enforcement
8 officer.
9 The agency or the Illinois State Police shall report to
10 the Board within 10 days of a final determination and final
11 exhaustion of any administrative appeal, or the law
12 enforcement officer's resignation or retirement, and shall
13 provide information regarding the nature of the violation.
14 This notification shall not necessarily trigger certification
15 review.
16 A law enforcement agency and the Illinois State Police
17 shall be immune from liability for a disclosure made as
18 described in this subsection, unless the disclosure would
19 constitute intentional misrepresentation or gross negligence.
20 (b) Within 14 days after receiving notification from a law
21 enforcement agency or the Illinois State Police, the Board
22 must notify the law enforcement officer of the report and the
23 officer's right to provide a statement regarding the reported
24 violation. The law enforcement officer shall have 14 days from
25 receiving notice to provide a written objection contesting
26 information included in the agency's report. The objection

HB5217 - 60 - LRB103 38096 AWJ 68228 b

HB5217- 61 -LRB103 38096 AWJ 68228 b HB5217 - 61 - LRB103 38096 AWJ 68228 b
HB5217 - 61 - LRB103 38096 AWJ 68228 b
1 must be filed with the Board on a form prescribed by the Board
2 and a copy must be served on the law enforcement agency. The
3 objection shall remain in the database with the reported
4 violation.
5 (c) The Board shall maintain a database readily available
6 to any chief administrative officer, or the officer's
7 designee, of a law enforcement agency and the Illinois State
8 Police that shall show for each law enforcement officer: (i)
9 dates of certification, decertification, and inactive status;
10 (ii) each sustained instance of departmental misconduct that
11 lead to a suspension at least 10 days or any infraction that
12 would trigger an official or formal investigation under the
13 law enforcement agency policy, any allegation of misconduct
14 regarding truthfulness as to a material fact, bias, or
15 integrity, or any other reported violation, the nature of the
16 violation, the reason for the final decision of discharge or
17 dismissal, and any statement provided by the officer; (iii)
18 date of separation from employment from any local or state law
19 enforcement agency; (iv) the reason for separation from
20 employment, including, but not limited to: whether the
21 separation was based on misconduct or occurred while the law
22 enforcement agency was conducting an investigation of the
23 certified individual for a violation of an employing agency's
24 rules, policy or procedure or other misconduct or improper
25 action.
26 (1) This database shall also be accessible to the

HB5217 - 61 - LRB103 38096 AWJ 68228 b

HB5217- 62 -LRB103 38096 AWJ 68228 b HB5217 - 62 - LRB103 38096 AWJ 68228 b
HB5217 - 62 - LRB103 38096 AWJ 68228 b
1 State's Attorney of any county in this State and the
2 Attorney General for the purpose of complying with
3 obligations under Brady v. Maryland (373 U.S. 83) or
4 Giglio v. United States (405 U.S. 150). This database
5 shall also be accessible to the chief administrative
6 officer of any law enforcement agency for the purposes of
7 hiring law enforcement officers. This database shall not
8 be accessible to anyone not listed in this subsection.
9 (2) Before a law enforcement agency may appoint a law
10 enforcement officer or a person seeking a certification as
11 a law enforcement officer in this State, the chief
12 administrative officer or designee must check the Officer
13 Professional Conduct Database, contact each person's
14 previous law enforcement employers, and document the
15 contact. This documentation must be available for review
16 by the Board for a minimum of five years after the law
17 enforcement officer's termination, retirement,
18 resignation or separation with that agency.
19 (3) The database, documents, materials, or other
20 information in the possession or control of the Board that
21 are obtained by or disclosed to the Board under this
22 subsection shall be confidential by law and privileged,
23 shall not be subject to subpoena, and shall not be subject
24 to discovery or admissible in evidence in any private
25 civil action when sought from the Board. However, the
26 Board is authorized to use such documents, materials, or

HB5217 - 62 - LRB103 38096 AWJ 68228 b

HB5217- 63 -LRB103 38096 AWJ 68228 b HB5217 - 63 - LRB103 38096 AWJ 68228 b
HB5217 - 63 - LRB103 38096 AWJ 68228 b
1 other information in furtherance of any regulatory or
2 legal action brought as part of the Board's official
3 duties. The Board shall not disclose the database or make
4 such documents, materials, or other information it has
5 obtained or that has been disclosed to it to the public.
6 Neither the Board nor any person who received documents,
7 materials or other information shared under this
8 subsection shall be required to testify in any private
9 civil action concerning the database or any confidential
10 documents, materials, or information subject to this
11 subsection.
12 (d) The Board shall maintain a searchable database of law
13 enforcement officers accessible to the public that shall
14 include: (i) the law enforcement officer's employing agency;
15 (ii) the date of the officer's initial certification and the
16 officer's current certification status; and (iii) any
17 sustained complaint of misconduct that resulted in
18 decertification and the date thereof; provided, however, that
19 information shall not be included in the database that would
20 allow the public to ascertain the home address of an officer or
21 another person; provided further, that information regarding
22 an officer's or another person's family member shall not be
23 included in the database. The Board shall make the database
24 publicly available on its website.
25 (e) The Board shall maintain a searchable database of all
26 completed investigations against law enforcement officers

HB5217 - 63 - LRB103 38096 AWJ 68228 b

HB5217- 64 -LRB103 38096 AWJ 68228 b HB5217 - 64 - LRB103 38096 AWJ 68228 b
HB5217 - 64 - LRB103 38096 AWJ 68228 b
1 related to decertification. The database shall identify each
2 law enforcement officer by a confidential and anonymous number
3 and include: (i) the law enforcement officer's employing
4 agency; (ii) the date of the incident referenced in the
5 complaint; (iii) the location of the incident; (iv) the race
6 and ethnicity of each officer involved in the incident; (v)
7 the age, gender, race and ethnicity of each person involved in
8 the incident, if known; (vi) whether a person in the
9 complaint, including a law enforcement officer, was injured,
10 received emergency medical care, was hospitalized or died as a
11 result of the incident; (vii) the law enforcement agency or
12 other entity assigned to conduct an investigation of the
13 incident; (viii) when the investigation was completed; (ix)
14 whether the complaint was sustained or not sustained or the
15 officer was
exonerated; and (x) the type of misconduct
16 investigated; provided, however, that the Board shall redact
17 or withhold such information as necessary to prevent the
18 disclosure of the identity of an officer. The Board shall make
19 the database publicly available on its website.
20 (e-1) An investigation is complete when the investigation
21 has either been terminated or the decertification action,
22 including the administrative review process, has been
23 completed, whichever is later.
24 (e-2) At any time, a law enforcement officer shall have
25 access to the law enforcement officer's own records on file
26 with the Board, as it pertains to the databases in this

HB5217 - 64 - LRB103 38096 AWJ 68228 b

HB5217- 65 -LRB103 38096 AWJ 68228 b HB5217 - 65 - LRB103 38096 AWJ 68228 b
HB5217 - 65 - LRB103 38096 AWJ 68228 b
1 Section.
2 (f) Annual report. The Board shall submit an annual report
3 to the Governor, Attorney General, President and Minority
4 Leader of the Senate, and the Speaker and Minority Leader of
5 the House of Representatives on or before March 1, 2023, and
6 every year thereafter indicating:
7 (1) the number of complaints received in the preceding
8 calendar year, including but not limited to the race,
9 gender, and type of discretionary decertification
10 complaints received;
11 (2) the number of investigations initiated in the
12 preceding calendar year since the date of the last report;
13 (3) the number of investigations concluded in the
14 preceding calendar year;
15 (4) the number of investigations pending as of the
16 last date of the preceding calendar year;
17 (5) the number of hearings held in the preceding
18 calendar year; and
19 (6) the number of officers decertified in the
20 preceding calendar year.
21 The annual report shall be publicly available on the
22 website of the Board.
23 (g) Nothing in this Section shall exempt a law enforcement
24 agency from which the Board has obtained data, documents,
25 materials, or other information or that has disclosed data,
26 documents, materials, or other information to the Board from

HB5217 - 65 - LRB103 38096 AWJ 68228 b

HB5217- 66 -LRB103 38096 AWJ 68228 b HB5217 - 66 - LRB103 38096 AWJ 68228 b
HB5217 - 66 - LRB103 38096 AWJ 68228 b
1 disclosing public records in accordance with the Freedom of
2 Information Act.
3 (h) Notwithstanding any provision of law to the contrary,
4 the changes made to this Section by this amendatory Act of the
5 102nd General Assembly and Public Act 101-652 take effect July
6 1, 2022.
7 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
8 (50 ILCS 705/10.7)
9 Sec. 10.7. Mandatory training; police chief and deputy
10 police chief. Each police chief and deputy police chief shall
11 obtain at least 20 hours of training each year. These hours
12 shall count towards and satisfy the 40 hours required under
13 Section 7.9. The training must be approved by the Illinois Law
14 Enforcement Training Standards Board and must be related to
15 law enforcement, management or executive development, or
16 ethics. This requirement may be satisfied by attending any
17 training portion of a conference held by an association that
18 represents chiefs of police that has been approved by the
19 Illinois Law Enforcement Training Standards Board. Any police
20 chief and any deputy police chief, upon presentation of a
21 certificate of completion from the person or entity conducting
22 the training, shall be reimbursed by the municipality in
23 accordance with the municipal policy regulating the terms of
24 reimbursement, for the officer's reasonable expenses in
25 obtaining the training required under this Section. No police

HB5217 - 66 - LRB103 38096 AWJ 68228 b

HB5217- 67 -LRB103 38096 AWJ 68228 b HB5217 - 67 - LRB103 38096 AWJ 68228 b
HB5217 - 67 - LRB103 38096 AWJ 68228 b
1 chief or deputy police chief may attend any recognized
2 training offering without the prior approval of the officer's
3 municipal mayor, manager, or immediate supervisor.
4 This Section does not apply to the City of Chicago or the
5 Sheriff's Police Department in Cook County.
6 (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)
7 (50 ILCS 705/10.21)
8 Sec. 10.21. Training; sexual assault and sexual abuse.
9 (a) The Illinois Law Enforcement Training Standards Board
10 shall conduct or approve training programs in trauma-informed
11 responses and investigations of sexual assault and sexual
12 abuse, which include, but is not limited to, the following:
13 (1) recognizing the symptoms of trauma;
14 (2) understanding the role trauma has played in a
15 victim's life;
16 (3) responding to the needs and concerns of a victim;
17 (4) delivering services in a compassionate, sensitive,
18 and nonjudgmental manner;
19 (5) interviewing techniques in accordance with the
20 curriculum standards in subsection (f) of this Section;
21 (6) understanding cultural perceptions and common
22 myths of sexual assault and sexual abuse;
23 (7) report writing techniques in accordance with the
24 curriculum standards in subsection (f) of this Section;
25 and

HB5217 - 67 - LRB103 38096 AWJ 68228 b

HB5217- 68 -LRB103 38096 AWJ 68228 b HB5217 - 68 - LRB103 38096 AWJ 68228 b
HB5217 - 68 - LRB103 38096 AWJ 68228 b
1 (8) recognizing special sensitivities of victims due
2 to: age, including those under the age of 13; gender; or
3 other qualifications.
4 (b) This training must be presented in all full and
5 part-time basic law enforcement academies on or before July 1,
6 2018.
7 (c) Agencies employing law enforcement officers must
8 present this training to all law enforcement officers within 3
9 years after January 1, 2017 (the effective date of Public Act
10 99-801) and must present in-service training on sexual assault
11 and sexual abuse response and report writing training
12 requirements every 3 years.
13 (d) Agencies employing law enforcement officers who
14 conduct sexual assault and sexual abuse investigations must
15 provide specialized training to these officers on sexual
16 assault and sexual abuse investigations within 2 years after
17 January 1, 2017 (the effective date of Public Act 99-801) and
18 must present in-service training on sexual assault and sexual
19 abuse investigations to these officers every 3 years.
20 (e) Instructors providing this training shall have
21 successfully completed training on evidence-based,
22 trauma-informed, victim-centered response to cases of sexual
23 assault and sexual abuse and have experience responding to
24 sexual assault and sexual abuse cases.
25 (f) The Board shall adopt rules, in consultation with the
26 Office of the Illinois Attorney General and the Illinois State

HB5217 - 68 - LRB103 38096 AWJ 68228 b

HB5217- 69 -LRB103 38096 AWJ 68228 b HB5217 - 69 - LRB103 38096 AWJ 68228 b
HB5217 - 69 - LRB103 38096 AWJ 68228 b
1 Police, to determine the specific training requirements for
2 these courses, including, but not limited to, the following:
3 (1) evidence-based curriculum standards for report
4 writing and immediate response to sexual assault and
5 sexual abuse, including trauma-informed, victim-centered,
6 age sensitive, interview techniques, which have been
7 demonstrated to minimize retraumatization, for
8 probationary police officers and all law enforcement
9 officers; and
10 (2) evidence-based curriculum standards for
11 trauma-informed, victim-centered, age sensitive
12 investigation and interviewing techniques, which have been
13 demonstrated to minimize retraumatization, for cases of
14 sexual assault and sexual abuse for law enforcement
15 officers who conduct sexual assault and sexual abuse
16 investigations.
17 (Source: P.A. 102-538, eff. 8-20-21.)
18 (50 ILCS 705/7.1 rep.)
19 (50 ILCS 705/10.6 rep.)
20 Section 10. The Illinois Police Training Act is amended by
21 repealing Sections 7.1 and 10.6.
22 Section 15. The Counties Code is amended by changing
23 Section 3-6007 as follows:

HB5217 - 69 - LRB103 38096 AWJ 68228 b

HB5217- 70 -LRB103 38096 AWJ 68228 b HB5217 - 70 - LRB103 38096 AWJ 68228 b
HB5217 - 70 - LRB103 38096 AWJ 68228 b
1 (55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007)
2 Sec. 3-6007. Training. Each sheriff shall obtain at least
3 20 hours of training, approved by the Illinois Law Enforcement
4 Training Standards Board, relating to law enforcement and the
5 operation of a sheriff's office each year. These hours shall
6 count towards and satisfy the 40 hours required under Section
7 7.9 of the Illinois Police Training Act. Reasonable expenses
8 incurred by the sheriff in obtaining such training shall be
9 reimbursed by the county upon presentation by the sheriff to
10 the county board of a certificate of completion from the
11 person or entity conducting such training.
12 (Source: P.A. 88-586, eff. 8-12-94.)

HB5217 - 70 - LRB103 38096 AWJ 68228 b