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Illinois House Bill HB5368

Illinois 2023-2024 Regular Session

Illinois House Bill HB5368 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5368 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.25 new Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training. LRB103 39260 AWJ 69412 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5368 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.25 new 50 ILCS 705/7 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.2 50 ILCS 705/10.25 new Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training. LRB103 39260 AWJ 69412 b LRB103 39260 AWJ 69412 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5368 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
33 50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.25 new 50 ILCS 705/7 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.2 50 ILCS 705/10.25 new
44 50 ILCS 705/7
55 50 ILCS 705/8.1 from Ch. 85, par. 508.1
66 50 ILCS 705/8.2
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88 Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.
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1414 1 AN ACT concerning government.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Police Training Act is amended by
1818 5 changing Sections 7, 8.1, and 8.2 and by adding Section 10.25
1919 6 as follows:
2020 7 (50 ILCS 705/7)
2121 8 Sec. 7. Rules and standards for schools. The Board shall
2222 9 adopt rules and minimum standards for such schools which shall
2323 10 include, but not be limited to, the following:
2424 11 a. The curriculum for probationary law enforcement
2525 12 officers which shall be offered by all certified schools
2626 13 shall include, but not be limited to, courses of
2727 14 procedural justice, arrest and use and control tactics,
2828 15 search and seizure, including temporary questioning, civil
2929 16 rights, human rights, human relations, cultural
3030 17 competency, including implicit bias and racial and ethnic
3131 18 sensitivity, criminal law, law of criminal procedure,
3232 19 constitutional and proper use of law enforcement
3333 20 authority, crisis intervention training, vehicle and
3434 21 traffic law including uniform and non-discriminatory
3535 22 enforcement of the Illinois Vehicle Code, traffic control
3636 23 and crash investigation, techniques of obtaining physical
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5368 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
4141 50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.25 new 50 ILCS 705/7 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.2 50 ILCS 705/10.25 new
4242 50 ILCS 705/7
4343 50 ILCS 705/8.1 from Ch. 85, par. 508.1
4444 50 ILCS 705/8.2
4545 50 ILCS 705/10.25 new
4646 Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.
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7777 1 evidence, court testimonies, statements, reports, firearms
7878 2 training, training in the use of electronic control
7979 3 devices, including the psychological and physiological
8080 4 effects of the use of those devices on humans, first-aid
8181 5 (including cardiopulmonary resuscitation), training in the
8282 6 administration of opioid antagonists as defined in
8383 7 paragraph (1) of subsection (e) of Section 5-23 of the
8484 8 Substance Use Disorder Act, handling of juvenile
8585 9 offenders, recognition of mental conditions and crises,
8686 10 including, but not limited to, the disease of addiction,
8787 11 which require immediate assistance and response and
8888 12 methods to safeguard and provide assistance to a person in
8989 13 need of mental treatment, recognition of abuse, neglect,
9090 14 financial exploitation, and self-neglect of adults with
9191 15 disabilities and older adults, as defined in Section 2 of
9292 16 the Adult Protective Services Act, crimes against the
9393 17 elderly, law of evidence, the hazards of high-speed police
9494 18 vehicle chases with an emphasis on alternatives to the
9595 19 high-speed chase, and physical training, and training
9696 20 under Section 10.25. The curriculum shall include specific
9797 21 training in techniques for immediate response to and
9898 22 investigation of cases of domestic violence and of sexual
9999 23 assault of adults and children, including cultural
100100 24 perceptions and common myths of sexual assault and sexual
101101 25 abuse as well as interview techniques that are age
102102 26 sensitive and are trauma informed, victim centered, and
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113113 1 victim sensitive. The curriculum shall include training in
114114 2 techniques designed to promote effective communication at
115115 3 the initial contact with crime victims and ways to
116116 4 comprehensively explain to victims and witnesses their
117117 5 rights under the Rights of Crime Victims and Witnesses Act
118118 6 and the Crime Victims Compensation Act. The curriculum
119119 7 shall also include training in effective recognition of
120120 8 and responses to stress, trauma, and post-traumatic stress
121121 9 experienced by law enforcement officers that is consistent
122122 10 with Section 25 of the Illinois Mental Health First Aid
123123 11 Training Act in a peer setting, including recognizing
124124 12 signs and symptoms of work-related cumulative stress,
125125 13 issues that may lead to suicide, and solutions for
126126 14 intervention with peer support resources. The curriculum
127127 15 shall include a block of instruction addressing the
128128 16 mandatory reporting requirements under the Abused and
129129 17 Neglected Child Reporting Act. The curriculum shall also
130130 18 include a block of instruction aimed at identifying and
131131 19 interacting with persons with autism and other
132132 20 developmental or physical disabilities, reducing barriers
133133 21 to reporting crimes against persons with autism, and
134134 22 addressing the unique challenges presented by cases
135135 23 involving victims or witnesses with autism and other
136136 24 developmental disabilities. The curriculum shall include
137137 25 training in the detection and investigation of all forms
138138 26 of human trafficking. The curriculum shall also include
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149149 1 instruction in trauma-informed responses designed to
150150 2 ensure the physical safety and well-being of a child of an
151151 3 arrested parent or immediate family member; this
152152 4 instruction must include, but is not limited to: (1)
153153 5 understanding the trauma experienced by the child while
154154 6 maintaining the integrity of the arrest and safety of
155155 7 officers, suspects, and other involved individuals; (2)
156156 8 de-escalation tactics that would include the use of force
157157 9 when reasonably necessary; and (3) inquiring whether a
158158 10 child will require supervision and care. The curriculum
159159 11 for probationary law enforcement officers shall include:
160160 12 (1) at least 12 hours of hands-on, scenario-based
161161 13 role-playing; (2) at least 6 hours of instruction on use
162162 14 of force techniques, including the use of de-escalation
163163 15 techniques to prevent or reduce the need for force
164164 16 whenever safe and feasible; (3) specific training on
165165 17 officer safety techniques, including cover, concealment,
166166 18 and time; and (4) at least 6 hours of training focused on
167167 19 high-risk traffic stops. The curriculum for permanent law
168168 20 enforcement officers shall include, but not be limited to:
169169 21 (1) refresher and in-service training in any of the
170170 22 courses listed above in this subparagraph, (2) advanced
171171 23 courses in any of the subjects listed above in this
172172 24 subparagraph, (3) training for supervisory personnel, and
173173 25 (4) specialized training in subjects and fields to be
174174 26 selected by the board. The training in the use of
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185185 1 electronic control devices shall be conducted for
186186 2 probationary law enforcement officers, including
187187 3 University police officers. The curriculum shall also
188188 4 include training on the use of a firearms restraining
189189 5 order by providing instruction on the process used to file
190190 6 a firearms restraining order and how to identify
191191 7 situations in which a firearms restraining order is
192192 8 appropriate.
193193 9 b. Minimum courses of study, attendance requirements
194194 10 and equipment requirements.
195195 11 c. Minimum requirements for instructors.
196196 12 d. Minimum basic training requirements, which a
197197 13 probationary law enforcement officer must satisfactorily
198198 14 complete before being eligible for permanent employment as
199199 15 a local law enforcement officer for a participating local
200200 16 governmental or State governmental agency. Those
201201 17 requirements shall include training in first aid
202202 18 (including cardiopulmonary resuscitation).
203203 19 e. Minimum basic training requirements, which a
204204 20 probationary county corrections officer must
205205 21 satisfactorily complete before being eligible for
206206 22 permanent employment as a county corrections officer for a
207207 23 participating local governmental agency.
208208 24 f. Minimum basic training requirements which a
209209 25 probationary court security officer must satisfactorily
210210 26 complete before being eligible for permanent employment as
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221221 1 a court security officer for a participating local
222222 2 governmental agency. The Board shall establish those
223223 3 training requirements which it considers appropriate for
224224 4 court security officers and shall certify schools to
225225 5 conduct that training.
226226 6 A person hired to serve as a court security officer
227227 7 must obtain from the Board a certificate (i) attesting to
228228 8 the officer's successful completion of the training
229229 9 course; (ii) attesting to the officer's satisfactory
230230 10 completion of a training program of similar content and
231231 11 number of hours that has been found acceptable by the
232232 12 Board under the provisions of this Act; or (iii) attesting
233233 13 to the Board's determination that the training course is
234234 14 unnecessary because of the person's extensive prior law
235235 15 enforcement experience.
236236 16 Individuals who currently serve as court security
237237 17 officers shall be deemed qualified to continue to serve in
238238 18 that capacity so long as they are certified as provided by
239239 19 this Act within 24 months of June 1, 1997 (the effective
240240 20 date of Public Act 89-685). Failure to be so certified,
241241 21 absent a waiver from the Board, shall cause the officer to
242242 22 forfeit his or her position.
243243 23 All individuals hired as court security officers on or
244244 24 after June 1, 1997 (the effective date of Public Act
245245 25 89-685) shall be certified within 12 months of the date of
246246 26 their hire, unless a waiver has been obtained by the
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257257 1 Board, or they shall forfeit their positions.
258258 2 The Sheriff's Merit Commission, if one exists, or the
259259 3 Sheriff's Office if there is no Sheriff's Merit
260260 4 Commission, shall maintain a list of all individuals who
261261 5 have filed applications to become court security officers
262262 6 and who meet the eligibility requirements established
263263 7 under this Act. Either the Sheriff's Merit Commission, or
264264 8 the Sheriff's Office if no Sheriff's Merit Commission
265265 9 exists, shall establish a schedule of reasonable intervals
266266 10 for verification of the applicants' qualifications under
267267 11 this Act and as established by the Board.
268268 12 g. Minimum in-service training requirements, which a
269269 13 law enforcement officer must satisfactorily complete every
270270 14 3 years. Those requirements shall include constitutional
271271 15 and proper use of law enforcement authority, procedural
272272 16 justice, civil rights, human rights, reporting child abuse
273273 17 and neglect, and cultural competency, including implicit
274274 18 bias and racial and ethnic sensitivity. These trainings
275275 19 shall consist of at least 30 hours of training every 3
276276 20 years.
277277 21 h. Minimum in-service training requirements, which a
278278 22 law enforcement officer must satisfactorily complete at
279279 23 least annually. Those requirements shall include law
280280 24 updates, emergency medical response training and
281281 25 certification, crisis intervention training, and officer
282282 26 wellness and mental health.
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293293 1 i. Minimum in-service training requirements as set
294294 2 forth in Section 10.6.
295295 3 Notwithstanding any provision of law to the contrary, the
296296 4 changes made to this Section by Public Act 101-652, Public Act
297297 5 102-28, and Public Act 102-694 take effect July 1, 2022.
298298 6 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
299299 7 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
300300 8 7-1-23; 103-154, eff. 6-30-23.)
301301 9 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
302302 10 Sec. 8.1. Full-time law enforcement and county corrections
303303 11 officers.
304304 12 (a) No person shall receive a permanent appointment as a
305305 13 law enforcement officer or a permanent appointment as a county
306306 14 corrections officer unless that person has been awarded,
307307 15 within 6 months of the officer's initial full-time employment,
308308 16 a certificate attesting to the officer's successful completion
309309 17 of the Minimum Standards Basic Law Enforcement or County
310310 18 Correctional Training Course as prescribed by the Board; or
311311 19 has been awarded a certificate attesting to the officer's
312312 20 satisfactory completion of a training program of similar
313313 21 content and number of hours and which course has been found
314314 22 acceptable by the Board under the provisions of this Act; or a
315315 23 training waiver by reason of prior law enforcement or county
316316 24 corrections experience, obtained in Illinois, in any other
317317 25 state, or with an agency of the federal government, the basic
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328328 1 training requirement is determined by the Board to be
329329 2 illogical and unreasonable. Agencies seeking a reciprocity
330330 3 waiver for training completed outside of Illinois must conduct
331331 4 a thorough background check and provide verification of the
332332 5 officer's prior training. After review and satisfaction of all
333333 6 requested conditions, the officer shall be awarded an
334334 7 equivalency certificate satisfying the requirements of this
335335 8 Section. Within 60 days after the effective date of this
336336 9 amendatory Act of the 103rd General Assembly, the Board shall
337337 10 adopt uniform rules providing for a waiver process for a
338338 11 person previously employed and qualified as a law enforcement
339339 12 or county corrections officer under federal law or the laws of
340340 13 any other state, or who has completed a basic law enforcement
341341 14 officer or correctional officer academy who would be qualified
342342 15 to be employed as a law enforcement officer or correctional
343343 16 officer by the federal government or any other state. These
344344 17 rules shall address the process for evaluating prior training
345345 18 credit, a description and list of the courses typically
346346 19 required for reciprocity candidates to complete prior to
347347 20 taking the exam, and a procedure for employers seeking a
348348 21 pre-activation determination for a reciprocity training
349349 22 waiver. The rules shall provide that any eligible person
350350 23 previously trained as a law enforcement or county corrections
351351 24 officer under federal law or the laws of any other state shall
352352 25 successfully complete the following prior to the approval of a
353353 26 waiver:
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364364 1 (1) a training program or set of coursework approved
365365 2 by the Board on the laws of this State relevant to the
366366 3 duties and training requirements of law enforcement and
367367 4 county correctional officers;
368368 5 (2) firearms training; and
369369 6 (3) successful passage of the equivalency
370370 7 certification examination; and .
371371 8 (4) training under Section 10.25.
372372 9 If such training is required and not completed within the
373373 10 applicable 6 months, then the officer must forfeit the
374374 11 officer's position, or the employing agency must obtain a
375375 12 waiver from the Board extending the period for compliance.
376376 13 Such waiver shall be issued only for good and justifiable
377377 14 reasons, and in no case shall extend more than 90 days beyond
378378 15 the initial 6 months. Any hiring agency that fails to train a
379379 16 law enforcement officer within this period shall be prohibited
380380 17 from employing this individual in a law enforcement capacity
381381 18 for one year from the date training was to be completed. If an
382382 19 agency again fails to train the individual a second time, the
383383 20 agency shall be permanently barred from employing this
384384 21 individual in a law enforcement capacity.
385385 22 An individual who is not certified by the Board or whose
386386 23 certified status is inactive shall not function as a law
387387 24 enforcement officer, be assigned the duties of a law
388388 25 enforcement officer by an employing agency, or be authorized
389389 26 to carry firearms under the authority of the employer, except
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400400 1 as otherwise authorized to carry a firearm under State or
401401 2 federal law. Sheriffs who are elected as of January 1, 2022
402402 3 (the effective date of Public Act 101-652) are exempt from the
403403 4 requirement of certified status. Failure to be certified in
404404 5 accordance with this Act shall cause the officer to forfeit
405405 6 the officer's position.
406406 7 An employing agency may not grant a person status as a law
407407 8 enforcement officer unless the person has been granted an
408408 9 active law enforcement officer certification by the Board.
409409 10 (b) Inactive status. A person who has an inactive law
410410 11 enforcement officer certification has no law enforcement
411411 12 authority.
412412 13 (1) A law enforcement officer's certification becomes
413413 14 inactive upon termination, resignation, retirement, or
414414 15 separation from the officer's employing law enforcement
415415 16 agency for any reason. The Board shall re-activate a
416416 17 certification upon written application from the law
417417 18 enforcement officer's law enforcement agency that shows
418418 19 the law enforcement officer: (i) has accepted a full-time
419419 20 law enforcement position with that law enforcement agency,
420420 21 (ii) is not the subject of a decertification proceeding,
421421 22 and (iii) meets all other criteria for re-activation
422422 23 required by the Board. The Board may also establish
423423 24 special training requirements to be completed as a
424424 25 condition for re-activation.
425425 26 The Board shall review a notice for reactivation from
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436436 1 a law enforcement agency and provide a response within 30
437437 2 days. The Board may extend this review. A law enforcement
438438 3 officer shall be allowed to be employed as a full-time law
439439 4 enforcement officer while the law enforcement officer
440440 5 reactivation waiver is under review.
441441 6 A law enforcement officer who is refused reactivation
442442 7 or an employing agency of a law enforcement officer who is
443443 8 refused reactivation under this Section may request a
444444 9 hearing in accordance with the hearing procedures as
445445 10 outlined in subsection (h) of Section 6.3 of this Act.
446446 11 The Board may refuse to re-activate the certification
447447 12 of a law enforcement officer who was involuntarily
448448 13 terminated for good cause by an employing agency for
449449 14 conduct subject to decertification under this Act or
450450 15 resigned or retired after receiving notice of a law
451451 16 enforcement agency's investigation.
452452 17 (2) A law enforcement agency may place an officer who
453453 18 is currently certified on inactive status by sending a
454454 19 written request to the Board. A law enforcement officer
455455 20 whose certificate has been placed on inactive status shall
456456 21 not function as a law enforcement officer until the
457457 22 officer has completed any requirements for reactivating
458458 23 the certificate as required by the Board. A request for
459459 24 inactive status in this subsection shall be in writing,
460460 25 accompanied by verifying documentation, and shall be
461461 26 submitted to the Board with a copy to the chief
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472472 1 administrator of the law enforcement officer's current or
473473 2 new employing agency.
474474 3 (3) Certification that has become inactive under
475475 4 paragraph (2) of this subsection (b) shall be reactivated
476476 5 by written notice from the law enforcement officer's
477477 6 agency upon a showing that the law enforcement officer:
478478 7 (i) is employed in a full-time law enforcement position
479479 8 with the same law enforcement agency, (ii) is not the
480480 9 subject of a decertification proceeding, and (iii) meets
481481 10 all other criteria for re-activation required by the
482482 11 Board.
483483 12 (4) Notwithstanding paragraph (3) of this subsection
484484 13 (b), a law enforcement officer whose certification has
485485 14 become inactive under paragraph (2) may have the officer's
486486 15 employing agency submit a request for a waiver of training
487487 16 requirements to the Board in writing and accompanied by
488488 17 any verifying documentation. A grant of a waiver is within
489489 18 the discretion of the Board. Within 7 days of receiving a
490490 19 request for a waiver under this Section, the Board shall
491491 20 notify the law enforcement officer and the chief
492492 21 administrator of the law enforcement officer's employing
493493 22 agency, whether the request has been granted, denied, or
494494 23 if the Board will take additional time for information. A
495495 24 law enforcement agency whose request for a waiver under
496496 25 this subsection is denied is entitled to request a review
497497 26 of the denial by the Board. The law enforcement agency
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508508 1 must request a review within 20 days of the waiver being
509509 2 denied. The burden of proof shall be on the law
510510 3 enforcement agency to show why the law enforcement officer
511511 4 is entitled to a waiver of the legislatively required
512512 5 training and eligibility requirements.
513513 6 (c) No provision of this Section shall be construed to
514514 7 mean that a county corrections officer employed by a
515515 8 governmental agency at the time of the effective date of this
516516 9 amendatory Act, either as a probationary county corrections
517517 10 officer or as a permanent county corrections officer, shall
518518 11 require certification under the provisions of this Section. No
519519 12 provision of this Section shall be construed to apply to
520520 13 certification of elected county sheriffs.
521521 14 (d) Within 14 days, a law enforcement officer shall report
522522 15 to the Board: (1) any name change; (2) any change in
523523 16 employment; or (3) the filing of any criminal indictment or
524524 17 charges against the officer alleging that the officer
525525 18 committed any offense as enumerated in Section 6.1 of this
526526 19 Act.
527527 20 (e) All law enforcement officers must report the
528528 21 completion of the training requirements required in this Act
529529 22 in compliance with Section 8.4 of this Act.
530530 23 (e-1) Each employing law enforcement agency shall allow
531531 24 and provide an opportunity for a law enforcement officer to
532532 25 complete the mandated requirements in this Act. All mandated
533533 26 training shall be provided at no cost to the employees.
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544544 1 Employees shall be paid for all time spent attending mandated
545545 2 training.
546546 3 (e-2) Each agency, academy, or training provider shall
547547 4 maintain proof of a law enforcement officer's completion of
548548 5 legislatively required training in a format designated by the
549549 6 Board. The report of training shall be submitted to the Board
550550 7 within 30 days following completion of the training. A copy of
551551 8 the report shall be submitted to the law enforcement officer.
552552 9 Upon receipt of a properly completed report of training, the
553553 10 Board will make the appropriate entry into the training
554554 11 records of the law enforcement officer.
555555 12 (f) This Section does not apply to part-time law
556556 13 enforcement officers or probationary part-time law enforcement
557557 14 officers.
558558 15 (g) Notwithstanding any provision of law to the contrary,
559559 16 the changes made to this Section by Public Act 101-652, Public
560560 17 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
561561 18 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
562562 19 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
563563 20 (50 ILCS 705/8.2)
564564 21 Sec. 8.2. Part-time law enforcement officers.
565565 22 (a) A person hired to serve as a part-time law enforcement
566566 23 officer must obtain from the Board a certificate (i) attesting
567567 24 to the officer's successful completion of the part-time police
568568 25 training course; (ii) attesting to the officer's satisfactory
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579579 1 completion of a training program of similar content and number
580580 2 of hours that has been found acceptable by the Board under the
581581 3 provisions of this Act; or (iii) a training waiver attesting
582582 4 to the Board's determination that the part-time police
583583 5 training course is unnecessary because of the person's prior
584584 6 law enforcement experience obtained in Illinois, in any other
585585 7 state, or with an agency of the federal government. A person
586586 8 hired on or after the effective date of this amendatory Act of
587587 9 the 92nd General Assembly must obtain this certificate within
588588 10 18 months after the initial date of hire as a probationary
589589 11 part-time law enforcement officer in the State of Illinois.
590590 12 The probationary part-time law enforcement officer must be
591591 13 enrolled and accepted into a Board-approved course within 6
592592 14 months after active employment by any department in the State.
593593 15 A person hired on or after January 1, 1996 and before the
594594 16 effective date of this amendatory Act of the 92nd General
595595 17 Assembly must obtain this certificate within 18 months after
596596 18 the date of hire. A person hired before January 1, 1996 must
597597 19 obtain this certificate within 24 months after the effective
598598 20 date of this amendatory Act of 1995. Agencies seeking a
599599 21 reciprocity waiver for training completed outside of Illinois
600600 22 must conduct a thorough background check and provide
601601 23 verification of the officer's prior training. After review and
602602 24 satisfaction of all requested conditions, the officer shall be
603603 25 awarded an equivalency certificate satisfying the requirements
604604 26 of this Section. Within 60 days after the effective date of
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615615 1 this amendatory Act of the 103rd General Assembly, the Board
616616 2 shall adopt uniform rules providing for a waiver process for a
617617 3 person previously employed and qualified as a law enforcement
618618 4 or county corrections officer under federal law or the laws of
619619 5 any other state, or who has completed a basic law enforcement
620620 6 officer or correctional officer academy who would be qualified
621621 7 to be employed as a law enforcement officer or correctional
622622 8 officer by the federal government or any other state. These
623623 9 rules shall address the process for evaluating prior training
624624 10 credit, a description and list of the courses typically
625625 11 required for reciprocity candidates to complete prior to
626626 12 taking the exam, and a procedure for employers seeking a
627627 13 pre-activation determination for a reciprocity training
628628 14 waiver. The rules shall provide that any eligible person
629629 15 previously trained as a law enforcement or county corrections
630630 16 officer under federal law or the laws of any other state shall
631631 17 successfully complete the following prior to the approval of a
632632 18 waiver:
633633 19 (1) a training program or set of coursework approved
634634 20 by the Board on the laws of this State relevant to the
635635 21 duties and training requirements of law enforcement and
636636 22 county correctional officers;
637637 23 (2) firearms training; and
638638 24 (3) successful passage of the equivalency
639639 25 certification examination; and .
640640 26 (4) training under Section 10.25.
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651651 1 The employing agency may seek an extension waiver from the
652652 2 Board extending the period for compliance. An extension waiver
653653 3 shall be issued only for good and justifiable reasons, and the
654654 4 probationary part-time law enforcement officer may not
655655 5 practice as a part-time law enforcement officer during the
656656 6 extension waiver period. If training is required and not
657657 7 completed within the applicable time period, as extended by
658658 8 any waiver that may be granted, then the officer must forfeit
659659 9 the officer's position.
660660 10 An individual who is not certified by the Board or whose
661661 11 certified status is inactive shall not function as a law
662662 12 enforcement officer, be assigned the duties of a law
663663 13 enforcement officer by an agency, or be authorized to carry
664664 14 firearms under the authority of the employer, except that
665665 15 sheriffs who are elected are exempt from the requirement of
666666 16 certified status. Failure to be in accordance with this Act
667667 17 shall cause the officer to forfeit the officer's position.
668668 18 (a-5) A part-time probationary law enforcement officer
669669 19 shall be allowed to complete six months of a part-time police
670670 20 training course and function as a law enforcement officer as
671671 21 permitted by this subsection with a waiver from the Board,
672672 22 provided the part-time law enforcement officer is still
673673 23 enrolled in the training course. If the part-time probationary
674674 24 law enforcement officer withdraws from the course for any
675675 25 reason or does not complete the course within the applicable
676676 26 time period, as extended by any waiver that may be granted,
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687687 1 then the officer must forfeit the officer's position. A
688688 2 probationary law enforcement officer must function under the
689689 3 following rules:
690690 4 (1) A law enforcement agency may not grant a person
691691 5 status as a law enforcement officer unless the person has
692692 6 been granted an active law enforcement officer
693693 7 certification by the Board.
694694 8 (2) A part-time probationary law enforcement officer
695695 9 shall not be used as a permanent replacement for a
696696 10 full-time law enforcement.
697697 11 (3) A part-time probationary law enforcement officer
698698 12 shall be directly supervised at all times by a Board
699699 13 certified law enforcement officer. Direct supervision
700700 14 requires oversight and control with the supervisor having
701701 15 final decision-making authority as to the actions of the
702702 16 recruit during duty hours.
703703 17 (b) Inactive status. A person who has an inactive law
704704 18 enforcement officer certification has no law enforcement
705705 19 authority.
706706 20 (1) A law enforcement officer's certification becomes
707707 21 inactive upon termination, resignation, retirement, or
708708 22 separation from the employing agency for any reason. The
709709 23 Board shall re-activate a certification upon written
710710 24 application from the law enforcement officer's employing
711711 25 agency that shows the law enforcement officer: (i) has
712712 26 accepted a part-time law enforcement position with that a
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723723 1 law enforcement agency, (ii) is not the subject of a
724724 2 decertification proceeding, and (iii) meets all other
725725 3 criteria for re-activation required by the Board.
726726 4 The Board may refuse to re-activate the certification
727727 5 of a law enforcement officer who was involuntarily
728728 6 terminated for good cause by the officer's employing
729729 7 agency for conduct subject to decertification under this
730730 8 Act or resigned or retired after receiving notice of a law
731731 9 enforcement agency's investigation.
732732 10 (2) A law enforcement agency may place an officer who
733733 11 is currently certified on inactive status by sending a
734734 12 written request to the Board. A law enforcement officer
735735 13 whose certificate has been placed on inactive status shall
736736 14 not function as a law enforcement officer until the
737737 15 officer has completed any requirements for reactivating
738738 16 the certificate as required by the Board. A request for
739739 17 inactive status in this subsection shall be in writing,
740740 18 accompanied by verifying documentation, and shall be
741741 19 submitted to the Board by the law enforcement officer's
742742 20 employing agency.
743743 21 (3) Certification that has become inactive under
744744 22 paragraph (2) of this subsection (b), shall be reactivated
745745 23 by written notice from the law enforcement officer's law
746746 24 enforcement agency upon a showing that the law enforcement
747747 25 officer is: (i) employed in a part-time law enforcement
748748 26 position with the same law enforcement agency, (ii) not
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759759 1 the subject of a decertification proceeding, and (iii)
760760 2 meets all other criteria for re-activation required by the
761761 3 Board. The Board may also establish special training
762762 4 requirements to be completed as a condition for
763763 5 re-activation.
764764 6 The Board shall review a notice for reactivation from
765765 7 a law enforcement agency and provide a response within 30
766766 8 days. The Board may extend this review. A law enforcement
767767 9 officer shall be allowed to be employed as a part-time law
768768 10 enforcement officer while the law enforcement officer
769769 11 reactivation waiver is under review.
770770 12 A law enforcement officer who is refused reactivation
771771 13 or an employing agency of a law enforcement officer who is
772772 14 refused reactivation under this Section may request a
773773 15 hearing in accordance with the hearing procedures as
774774 16 outlined in subsection (h) of Section 6.3 of this Act.
775775 17 (4) Notwithstanding paragraph (3) of this Section, a
776776 18 law enforcement officer whose certification has become
777777 19 inactive under paragraph (2) may have the officer's
778778 20 employing agency submit a request for a waiver of training
779779 21 requirements to the Board in writing and accompanied by
780780 22 any verifying documentation. A grant of a waiver is within
781781 23 the discretion of the Board. Within 7 days of receiving a
782782 24 request for a waiver under this section, the Board shall
783783 25 notify the law enforcement officer and the chief
784784 26 administrator of the law enforcement officer's employing
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795795 1 agency, whether the request has been granted, denied, or
796796 2 if the Board will take additional time for information. A
797797 3 law enforcement agency or law enforcement officer, whose
798798 4 request for a waiver under this subsection is denied, is
799799 5 entitled to request a review of the denial by the Board.
800800 6 The law enforcement agency must request a review within 20
801801 7 days after the waiver being denied. The burden of proof
802802 8 shall be on the law enforcement agency to show why the law
803803 9 enforcement officer is entitled to a waiver of the
804804 10 legislatively required training and eligibility
805805 11 requirements.
806806 12 (c) The part-time police training course referred to in
807807 13 this Section shall be of similar content and the same number of
808808 14 hours as the courses for full-time officers and shall be
809809 15 provided by Mobile Team In-Service Training Units under the
810810 16 Intergovernmental Law Enforcement Officer's In-Service
811811 17 Training Act or by another approved program or facility in a
812812 18 manner prescribed by the Board.
813813 19 (d) Within 14 days, a law enforcement officer shall report
814814 20 to the Board: (1) any name change; (2) any change in
815815 21 employment; or (3) the filing of any criminal indictment or
816816 22 charges against the officer alleging that the officer
817817 23 committed any offense as enumerated in Section 6.1 of this
818818 24 Act.
819819 25 (e) All law enforcement officers must report the
820820 26 completion of the training requirements required in this Act
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831831 1 in compliance with Section 8.4 of this Act.
832832 2 (e-1) Each employing agency shall allow and provide an
833833 3 opportunity for a law enforcement officer to complete the
834834 4 requirements in this Act. All mandated training shall be
835835 5 provided for at no cost to the employees. Employees shall be
836836 6 paid for all time spent attending mandated training.
837837 7 (e-2) Each agency, academy, or training provider shall
838838 8 maintain proof of a law enforcement officer's completion of
839839 9 legislatively required training in a format designated by the
840840 10 Board. The report of training shall be submitted to the Board
841841 11 within 30 days following completion of the training. A copy of
842842 12 the report shall be submitted to the law enforcement officer.
843843 13 Upon receipt of a properly completed report of training, the
844844 14 Board will make the appropriate entry into the training
845845 15 records of the law enforcement officer.
846846 16 (f) For the purposes of this Section, the Board shall
847847 17 adopt rules defining what constitutes employment on a
848848 18 part-time basis.
849849 19 (g) Notwithstanding any provision of law to the contrary,
850850 20 the changes made to this Section by this amendatory Act of the
851851 21 102nd General Assembly and Public Act 101-652 take effect July
852852 22 1, 2022.
853853 23 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
854854 24 (50 ILCS 705/10.25 new)
855855 25 Sec. 10.25. Training; crimes motivated by bias.
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866866 1 (a) The Board must approve at least one training course to
867867 2 assist law enforcement officers in identifying, responding to,
868868 3 and reporting crimes committed in whole or in substantial part
869869 4 because of the victim's or another's actual or perceived race,
870870 5 color, ethnicity, religion, sex, gender, sexual orientation,
871871 6 gender identity, gender expression, age, national origin, or
872872 7 disability, or because of the victim's actual or perceived
873873 8 association with another person or group of a certain actual
874874 9 or perceived race, color, ethnicity, religion, sex, gender,
875875 10 sexual orientation, gender identity, gender expression, age,
876876 11 national origin, or disability.
877877 12 Each course must include material to help officers
878878 13 distinguish bias crimes from other crimes, to help officers in
879879 14 understanding and assisting victims of these crimes, and to
880880 15 ensure that bias crimes will be accurately reported. The Board
881881 16 must review the approved course or courses every 3 years and
882882 17 update the approved courses.
883883 18 In updating the approved training courses described in
884884 19 this subsection, the Board must consult and may incorporate
885885 20 input from the Commission on Discrimination and Hate Crimes.
886886 21 (b) The Board must provide to the chief law enforcement
887887 22 officer of each law enforcement agency instructional materials
888888 23 patterned after the materials developed by the board under
889889 24 subsection (a). These materials must meet Board requirements
890890 25 for in-service training credit and be updated periodically as
891891 26 the Board considers appropriate. The Board must also seek
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