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
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
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.
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LRB103 39260 AWJ 69412 b
A BILL FOR
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HB5368 LRB103 39260 AWJ 69412 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 7, 8.1, and 8.2 and by adding Section 10.25
6 as follows:
7 (50 ILCS 705/7)
8 Sec. 7. Rules and standards for schools. The Board shall
9 adopt rules and minimum standards for such schools which shall
10 include, but not be limited to, the following:
11 a. The curriculum for probationary law enforcement
12 officers which shall be offered by all certified schools
13 shall include, but not be limited to, courses of
14 procedural justice, arrest and use and control tactics,
15 search and seizure, including temporary questioning, civil
16 rights, human rights, human relations, cultural
17 competency, including implicit bias and racial and ethnic
18 sensitivity, criminal law, law of criminal procedure,
19 constitutional and proper use of law enforcement
20 authority, crisis intervention training, vehicle and
21 traffic law including uniform and non-discriminatory
22 enforcement of the Illinois Vehicle Code, traffic control
23 and crash investigation, techniques of obtaining physical
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
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.
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A BILL FOR
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
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1 evidence, court testimonies, statements, reports, firearms
2 training, training in the use of electronic control
3 devices, including the psychological and physiological
4 effects of the use of those devices on humans, first-aid
5 (including cardiopulmonary resuscitation), training in the
6 administration of opioid antagonists as defined in
7 paragraph (1) of subsection (e) of Section 5-23 of the
8 Substance Use Disorder Act, handling of juvenile
9 offenders, recognition of mental conditions and crises,
10 including, but not limited to, the disease of addiction,
11 which require immediate assistance and response and
12 methods to safeguard and provide assistance to a person in
13 need of mental treatment, recognition of abuse, neglect,
14 financial exploitation, and self-neglect of adults with
15 disabilities and older adults, as defined in Section 2 of
16 the Adult Protective Services Act, crimes against the
17 elderly, law of evidence, the hazards of high-speed police
18 vehicle chases with an emphasis on alternatives to the
19 high-speed chase, and physical training, and training
20 under Section 10.25. The curriculum shall include specific
21 training in techniques for immediate response to and
22 investigation of cases of domestic violence and of sexual
23 assault of adults and children, including cultural
24 perceptions and common myths of sexual assault and sexual
25 abuse as well as interview techniques that are age
26 sensitive and are trauma informed, victim centered, and
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1 victim sensitive. The curriculum shall include training in
2 techniques designed to promote effective communication at
3 the initial contact with crime victims and ways to
4 comprehensively explain to victims and witnesses their
5 rights under the Rights of Crime Victims and Witnesses Act
6 and the Crime Victims Compensation Act. The curriculum
7 shall also include training in effective recognition of
8 and responses to stress, trauma, and post-traumatic stress
9 experienced by law enforcement officers that is consistent
10 with Section 25 of the Illinois Mental Health First Aid
11 Training Act in a peer setting, including recognizing
12 signs and symptoms of work-related cumulative stress,
13 issues that may lead to suicide, and solutions for
14 intervention with peer support resources. The curriculum
15 shall include a block of instruction addressing the
16 mandatory reporting requirements under the Abused and
17 Neglected Child Reporting Act. The curriculum shall also
18 include a block of instruction aimed at identifying and
19 interacting with persons with autism and other
20 developmental or physical disabilities, reducing barriers
21 to reporting crimes against persons with autism, and
22 addressing the unique challenges presented by cases
23 involving victims or witnesses with autism and other
24 developmental disabilities. The curriculum shall include
25 training in the detection and investigation of all forms
26 of human trafficking. The curriculum shall also include
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1 instruction in trauma-informed responses designed to
2 ensure the physical safety and well-being of a child of an
3 arrested parent or immediate family member; this
4 instruction must include, but is not limited to: (1)
5 understanding the trauma experienced by the child while
6 maintaining the integrity of the arrest and safety of
7 officers, suspects, and other involved individuals; (2)
8 de-escalation tactics that would include the use of force
9 when reasonably necessary; and (3) inquiring whether a
10 child will require supervision and care. The curriculum
11 for probationary law enforcement officers shall include:
12 (1) at least 12 hours of hands-on, scenario-based
13 role-playing; (2) at least 6 hours of instruction on use
14 of force techniques, including the use of de-escalation
15 techniques to prevent or reduce the need for force
16 whenever safe and feasible; (3) specific training on
17 officer safety techniques, including cover, concealment,
18 and time; and (4) at least 6 hours of training focused on
19 high-risk traffic stops. The curriculum for permanent law
20 enforcement officers shall include, but not be limited to:
21 (1) refresher and in-service training in any of the
22 courses listed above in this subparagraph, (2) advanced
23 courses in any of the subjects listed above in this
24 subparagraph, (3) training for supervisory personnel, and
25 (4) specialized training in subjects and fields to be
26 selected by the board. The training in the use of
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1 electronic control devices shall be conducted for
2 probationary law enforcement officers, including
3 University police officers. The curriculum shall also
4 include training on the use of a firearms restraining
5 order by providing instruction on the process used to file
6 a firearms restraining order and how to identify
7 situations in which a firearms restraining order is
8 appropriate.
9 b. Minimum courses of study, attendance requirements
10 and equipment requirements.
11 c. Minimum requirements for instructors.
12 d. Minimum basic training requirements, which a
13 probationary law enforcement officer must satisfactorily
14 complete before being eligible for permanent employment as
15 a local law enforcement officer for a participating local
16 governmental or State governmental agency. Those
17 requirements shall include training in first aid
18 (including cardiopulmonary resuscitation).
19 e. Minimum basic training requirements, which a
20 probationary county corrections officer must
21 satisfactorily complete before being eligible for
22 permanent employment as a county corrections officer for a
23 participating local governmental agency.
24 f. Minimum basic training requirements which a
25 probationary court security officer must satisfactorily
26 complete before being eligible for permanent employment as
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1 a court security officer for a participating local
2 governmental agency. The Board shall establish those
3 training requirements which it considers appropriate for
4 court security officers and shall certify schools to
5 conduct that training.
6 A person hired to serve as a court security officer
7 must obtain from the Board a certificate (i) attesting to
8 the officer's successful completion of the training
9 course; (ii) attesting to the officer's satisfactory
10 completion of a training program of similar content and
11 number of hours that has been found acceptable by the
12 Board under the provisions of this Act; or (iii) attesting
13 to the Board's determination that the training course is
14 unnecessary because of the person's extensive prior law
15 enforcement experience.
16 Individuals who currently serve as court security
17 officers shall be deemed qualified to continue to serve in
18 that capacity so long as they are certified as provided by
19 this Act within 24 months of June 1, 1997 (the effective
20 date of Public Act 89-685). Failure to be so certified,
21 absent a waiver from the Board, shall cause the officer to
22 forfeit his or her position.
23 All individuals hired as court security officers on or
24 after June 1, 1997 (the effective date of Public Act
25 89-685) shall be certified within 12 months of the date of
26 their hire, unless a waiver has been obtained by the
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1 Board, or they shall forfeit their positions.
2 The Sheriff's Merit Commission, if one exists, or the
3 Sheriff's Office if there is no Sheriff's Merit
4 Commission, shall maintain a list of all individuals who
5 have filed applications to become court security officers
6 and who meet the eligibility requirements established
7 under this Act. Either the Sheriff's Merit Commission, or
8 the Sheriff's Office if no Sheriff's Merit Commission
9 exists, shall establish a schedule of reasonable intervals
10 for verification of the applicants' qualifications under
11 this Act and as established by the Board.
12 g. Minimum in-service training requirements, which a
13 law enforcement officer must satisfactorily complete every
14 3 years. Those requirements shall include constitutional
15 and proper use of law enforcement authority, procedural
16 justice, civil rights, human rights, reporting child abuse
17 and neglect, and cultural competency, including implicit
18 bias and racial and ethnic sensitivity. These trainings
19 shall consist of at least 30 hours of training every 3
20 years.
21 h. Minimum in-service training requirements, which a
22 law enforcement officer must satisfactorily complete at
23 least annually. Those requirements shall include law
24 updates, emergency medical response training and
25 certification, crisis intervention training, and officer
26 wellness and mental health.
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1 i. Minimum in-service training requirements as set
2 forth in Section 10.6.
3 Notwithstanding any provision of law to the contrary, the
4 changes made to this Section by Public Act 101-652, Public Act
5 102-28, and Public Act 102-694 take effect July 1, 2022.
6 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
7 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
8 7-1-23; 103-154, eff. 6-30-23.)
9 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
10 Sec. 8.1. Full-time law enforcement and county corrections
11 officers.
12 (a) No person shall receive a permanent appointment as a
13 law enforcement officer or a permanent appointment as a county
14 corrections officer unless that person has been awarded,
15 within 6 months of the officer's initial full-time employment,
16 a certificate attesting to the officer's successful completion
17 of the Minimum Standards Basic Law Enforcement or County
18 Correctional Training Course as prescribed by the Board; or
19 has been awarded a certificate attesting to the officer's
20 satisfactory completion of a training program of similar
21 content and number of hours and which course has been found
22 acceptable by the Board under the provisions of this Act; or a
23 training waiver by reason of prior law enforcement or county
24 corrections experience, obtained in Illinois, in any other
25 state, or with an agency of the federal government, the basic
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1 training requirement is determined by the Board to be
2 illogical and unreasonable. Agencies seeking a reciprocity
3 waiver for training completed outside of Illinois must conduct
4 a thorough background check and provide verification of the
5 officer's prior training. After review and satisfaction of all
6 requested conditions, the officer shall be awarded an
7 equivalency certificate satisfying the requirements of this
8 Section. Within 60 days after the effective date of this
9 amendatory Act of the 103rd General Assembly, the Board shall
10 adopt uniform rules providing for a waiver process for a
11 person previously employed and qualified as a law enforcement
12 or county corrections officer under federal law or the laws of
13 any other state, or who has completed a basic law enforcement
14 officer or correctional officer academy who would be qualified
15 to be employed as a law enforcement officer or correctional
16 officer by the federal government or any other state. These
17 rules shall address the process for evaluating prior training
18 credit, a description and list of the courses typically
19 required for reciprocity candidates to complete prior to
20 taking the exam, and a procedure for employers seeking a
21 pre-activation determination for a reciprocity training
22 waiver. The rules shall provide that any eligible person
23 previously trained as a law enforcement or county corrections
24 officer under federal law or the laws of any other state shall
25 successfully complete the following prior to the approval of a
26 waiver:
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1 (1) a training program or set of coursework approved
2 by the Board on the laws of this State relevant to the
3 duties and training requirements of law enforcement and
4 county correctional officers;
5 (2) firearms training; and
6 (3) successful passage of the equivalency
7 certification examination; and .
8 (4) training under Section 10.25.
9 If such training is required and not completed within the
10 applicable 6 months, then the officer must forfeit the
11 officer's position, or the employing agency must obtain a
12 waiver from the Board extending the period for compliance.
13 Such waiver shall be issued only for good and justifiable
14 reasons, and in no case shall extend more than 90 days beyond
15 the initial 6 months. Any hiring agency that fails to train a
16 law enforcement officer within this period shall be prohibited
17 from employing this individual in a law enforcement capacity
18 for one year from the date training was to be completed. If an
19 agency again fails to train the individual a second time, the
20 agency shall be permanently barred from employing this
21 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
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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. The Board shall re-activate a
17 certification upon written application from the law
18 enforcement officer's law enforcement agency that shows
19 the law enforcement officer: (i) has accepted a full-time
20 law enforcement position with that law enforcement agency,
21 (ii) is not the subject of a decertification proceeding,
22 and (iii) meets all other criteria for re-activation
23 required by the Board. The Board may also establish
24 special training requirements to be completed as a
25 condition for re-activation.
26 The Board shall review a notice for reactivation from
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1 a law enforcement agency and provide a response within 30
2 days. The Board may extend this review. A law enforcement
3 officer shall be allowed to be employed as a full-time law
4 enforcement officer while the law enforcement officer
5 reactivation waiver is under review.
6 A law enforcement officer who is refused reactivation
7 or an employing agency of a law enforcement officer who is
8 refused reactivation under this Section may request a
9 hearing in accordance with the hearing procedures as
10 outlined in subsection (h) of Section 6.3 of this Act.
11 The Board may refuse to re-activate the certification
12 of a law enforcement officer who was involuntarily
13 terminated for good cause by an employing agency for
14 conduct subject to decertification under this Act or
15 resigned or retired after receiving notice of a law
16 enforcement agency's investigation.
17 (2) A law enforcement agency may place an officer who
18 is currently certified on inactive status by sending a
19 written request to the Board. A law enforcement officer
20 whose certificate has been placed on inactive status shall
21 not function as a law enforcement officer until the
22 officer has completed any requirements for reactivating
23 the certificate as required by the Board. A request for
24 inactive status in this subsection shall be in writing,
25 accompanied by verifying documentation, and shall be
26 submitted to the Board with a copy to the chief
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1 administrator of the law enforcement officer's current or
2 new employing agency.
3 (3) Certification that has become inactive under
4 paragraph (2) of this subsection (b) shall be reactivated
5 by written notice from the law enforcement officer's
6 agency upon a showing that the law enforcement officer:
7 (i) is employed in a full-time law enforcement position
8 with the same law enforcement agency, (ii) is not the
9 subject of a decertification proceeding, and (iii) meets
10 all other criteria for re-activation required by the
11 Board.
12 (4) Notwithstanding paragraph (3) of this subsection
13 (b), a law enforcement officer whose certification has
14 become inactive under paragraph (2) may have the officer's
15 employing agency submit a request for a waiver of training
16 requirements to the Board in writing and accompanied by
17 any verifying documentation. A grant of a waiver is within
18 the discretion of the Board. Within 7 days of receiving a
19 request for a waiver under this Section, the Board shall
20 notify the law enforcement officer and the chief
21 administrator of the law enforcement officer's employing
22 agency, whether the request has been granted, denied, or
23 if the Board will take additional time for information. A
24 law enforcement agency whose request for a waiver under
25 this subsection is denied is entitled to request a review
26 of the denial by the Board. The law enforcement agency
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1 must request a review within 20 days of the waiver being
2 denied. The burden of proof shall be on the law
3 enforcement agency to show why the law enforcement officer
4 is entitled to a waiver of the legislatively required
5 training and eligibility requirements.
6 (c) No provision of this Section shall be construed to
7 mean that a county corrections officer employed by a
8 governmental agency at the time of the effective date of this
9 amendatory Act, either as a probationary county corrections
10 officer or as a permanent county corrections officer, shall
11 require certification under the provisions of this Section. No
12 provision of this Section shall be construed to apply to
13 certification of elected county sheriffs.
14 (d) Within 14 days, a law enforcement officer shall report
15 to the Board: (1) any name change; (2) any change in
16 employment; or (3) the filing of any criminal indictment or
17 charges against the officer alleging that the officer
18 committed any offense as enumerated in Section 6.1 of this
19 Act.
20 (e) All law enforcement officers must report the
21 completion of the training requirements required in this Act
22 in compliance with Section 8.4 of this Act.
23 (e-1) Each employing law enforcement agency shall allow
24 and provide an opportunity for a law enforcement officer to
25 complete the mandated requirements in this Act. All mandated
26 training shall be provided at no cost to the employees.
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1 Employees shall be paid for all time spent attending mandated
2 training.
3 (e-2) Each agency, academy, or training provider shall
4 maintain proof of a law enforcement officer's completion of
5 legislatively required training in a format designated by the
6 Board. The report of training shall be submitted to the Board
7 within 30 days following completion of the training. A copy of
8 the report shall be submitted to the law enforcement officer.
9 Upon receipt of a properly completed report of training, the
10 Board will make the appropriate entry into the training
11 records of the law enforcement officer.
12 (f) This Section does not apply to part-time law
13 enforcement officers or probationary part-time law enforcement
14 officers.
15 (g) Notwithstanding any provision of law to the contrary,
16 the changes made to this Section by Public Act 101-652, Public
17 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
18 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
19 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
20 (50 ILCS 705/8.2)
21 Sec. 8.2. Part-time law enforcement officers.
22 (a) A person hired to serve as a part-time law enforcement
23 officer must obtain from the Board a certificate (i) attesting
24 to the officer's successful completion of the part-time police
25 training course; (ii) attesting to the officer's satisfactory
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1 completion of a training program of similar content and number
2 of hours that has been found acceptable by the Board under the
3 provisions of this Act; or (iii) a training waiver attesting
4 to the Board's determination that the part-time police
5 training course is unnecessary because of the person's prior
6 law enforcement experience obtained in Illinois, in any other
7 state, or with an agency of the federal government. A person
8 hired on or after the effective date of this amendatory Act of
9 the 92nd General Assembly must obtain this certificate within
10 18 months after the initial date of hire as a probationary
11 part-time law enforcement officer in the State of Illinois.
12 The probationary part-time law enforcement officer must be
13 enrolled and accepted into a Board-approved course within 6
14 months after active employment by any department in the State.
15 A person hired on or after January 1, 1996 and before the
16 effective date of this amendatory Act of the 92nd General
17 Assembly must obtain this certificate within 18 months after
18 the date of hire. A person hired before January 1, 1996 must
19 obtain this certificate within 24 months after the effective
20 date of this amendatory Act of 1995. Agencies seeking a
21 reciprocity waiver for training completed outside of Illinois
22 must conduct a thorough background check and provide
23 verification of the officer's prior training. After review and
24 satisfaction of all requested conditions, the officer shall be
25 awarded an equivalency certificate satisfying the requirements
26 of this Section. Within 60 days after the effective date of
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1 this amendatory Act of the 103rd General Assembly, the Board
2 shall adopt uniform rules providing for a waiver process for a
3 person previously employed and qualified as a law enforcement
4 or county corrections officer under federal law or the laws of
5 any other state, or who has completed a basic law enforcement
6 officer or correctional officer academy who would be qualified
7 to be employed as a law enforcement officer or correctional
8 officer by the federal government or any other state. These
9 rules shall address the process for evaluating prior training
10 credit, a description and list of the courses typically
11 required for reciprocity candidates to complete prior to
12 taking the exam, and a procedure for employers seeking a
13 pre-activation determination for a reciprocity training
14 waiver. The rules shall provide that any eligible person
15 previously trained as a law enforcement or county corrections
16 officer under federal law or the laws of any other state shall
17 successfully complete the following prior to the approval of a
18 waiver:
19 (1) a training program or set of coursework approved
20 by the Board on the laws of this State relevant to the
21 duties and training requirements of law enforcement and
22 county correctional officers;
23 (2) firearms training; and
24 (3) successful passage of the equivalency
25 certification examination; and .
26 (4) training under Section 10.25.
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1 The employing agency may seek an extension waiver from the
2 Board extending the period for compliance. An extension waiver
3 shall be issued only for good and justifiable reasons, and the
4 probationary part-time law enforcement officer may not
5 practice as a part-time law enforcement officer during the
6 extension waiver period. If training is required and not
7 completed within the applicable time period, as extended by
8 any waiver that may be granted, then the officer must forfeit
9 the officer's position.
10 An individual who is not certified by the Board or whose
11 certified status is inactive shall not function as a law
12 enforcement officer, be assigned the duties of a law
13 enforcement officer by an agency, or be authorized to carry
14 firearms under the authority of the employer, except that
15 sheriffs who are elected are exempt from the requirement of
16 certified status. Failure to be in accordance with this Act
17 shall cause the officer to forfeit the officer's position.
18 (a-5) A part-time probationary law enforcement officer
19 shall be allowed to complete six months of a part-time police
20 training course and function as a law enforcement officer as
21 permitted by this subsection with a waiver from the Board,
22 provided the part-time law enforcement officer is still
23 enrolled in the training course. If the part-time probationary
24 law enforcement officer withdraws from the course for any
25 reason or does not complete the course within the applicable
26 time period, as extended by any waiver that may be granted,
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1 then the officer must forfeit the officer's position. A
2 probationary law enforcement officer must function under the
3 following rules:
4 (1) A law enforcement agency may not grant a person
5 status as a law enforcement officer unless the person has
6 been granted an active law enforcement officer
7 certification by the Board.
8 (2) A part-time probationary law enforcement officer
9 shall not be used as a permanent replacement for a
10 full-time law enforcement.
11 (3) A part-time probationary law enforcement officer
12 shall be directly supervised at all times by a Board
13 certified law enforcement officer. Direct supervision
14 requires oversight and control with the supervisor having
15 final decision-making authority as to the actions of the
16 recruit during duty hours.
17 (b) Inactive status. A person who has an inactive law
18 enforcement officer certification has no law enforcement
19 authority.
20 (1) A law enforcement officer's certification becomes
21 inactive upon termination, resignation, retirement, or
22 separation from the employing agency for any reason. The
23 Board shall re-activate a certification upon written
24 application from the law enforcement officer's employing
25 agency that shows the law enforcement officer: (i) has
26 accepted a part-time law enforcement position with that a
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1 law enforcement agency, (ii) is not the subject of a
2 decertification proceeding, and (iii) meets all other
3 criteria for re-activation required by the Board.
4 The Board may refuse to re-activate the certification
5 of a law enforcement officer who was involuntarily
6 terminated for good cause by the officer's employing
7 agency for conduct subject to decertification under this
8 Act or resigned or retired after receiving notice of a law
9 enforcement agency's investigation.
10 (2) A law enforcement agency may place an officer who
11 is currently certified on inactive status by sending a
12 written request to the Board. A law enforcement officer
13 whose certificate has been placed on inactive status shall
14 not function as a law enforcement officer until the
15 officer has completed any requirements for reactivating
16 the certificate as required by the Board. A request for
17 inactive status in this subsection shall be in writing,
18 accompanied by verifying documentation, and shall be
19 submitted to the Board by the law enforcement officer's
20 employing agency.
21 (3) Certification that has become inactive under
22 paragraph (2) of this subsection (b), shall be reactivated
23 by written notice from the law enforcement officer's law
24 enforcement agency upon a showing that the law enforcement
25 officer is: (i) employed in a part-time law enforcement
26 position with the same law enforcement agency, (ii) not
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1 the subject of a decertification proceeding, and (iii)
2 meets all other criteria for re-activation required by the
3 Board. The Board may also establish special training
4 requirements to be completed as a condition for
5 re-activation.
6 The Board shall review a notice for reactivation from
7 a law enforcement agency and provide a response within 30
8 days. The Board may extend this review. A law enforcement
9 officer shall be allowed to be employed as a part-time law
10 enforcement officer while the law enforcement officer
11 reactivation waiver is under review.
12 A law enforcement officer who is refused reactivation
13 or an employing agency of a law enforcement officer who is
14 refused reactivation under this Section may request a
15 hearing in accordance with the hearing procedures as
16 outlined in subsection (h) of Section 6.3 of this Act.
17 (4) Notwithstanding paragraph (3) of this Section, a
18 law enforcement officer whose certification has become
19 inactive under paragraph (2) may have the officer's
20 employing agency submit a request for a waiver of training
21 requirements to the Board in writing and accompanied by
22 any verifying documentation. A grant of a waiver is within
23 the discretion of the Board. Within 7 days of receiving a
24 request for a waiver under this section, the Board shall
25 notify the law enforcement officer and the chief
26 administrator of the law enforcement officer's employing
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1 agency, whether the request has been granted, denied, or
2 if the Board will take additional time for information. A
3 law enforcement agency or law enforcement officer, whose
4 request for a waiver under this subsection is denied, is
5 entitled to request a review of the denial by the Board.
6 The law enforcement agency must request a review within 20
7 days after the waiver being denied. The burden of proof
8 shall be on the law enforcement agency to show why the law
9 enforcement officer is entitled to a waiver of the
10 legislatively required training and eligibility
11 requirements.
12 (c) The part-time police training course referred to in
13 this Section shall be of similar content and the same number of
14 hours as the courses for full-time officers and shall be
15 provided by Mobile Team In-Service Training Units under the
16 Intergovernmental Law Enforcement Officer's In-Service
17 Training Act or by another approved program or facility in a
18 manner prescribed by the Board.
19 (d) Within 14 days, a law enforcement officer shall report
20 to the Board: (1) any name change; (2) any change in
21 employment; or (3) the filing of any criminal indictment or
22 charges against the officer alleging that the officer
23 committed any offense as enumerated in Section 6.1 of this
24 Act.
25 (e) All law enforcement officers must report the
26 completion of the training requirements required in this Act
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1 in compliance with Section 8.4 of this Act.
2 (e-1) Each employing agency shall allow and provide an
3 opportunity for a law enforcement officer to complete the
4 requirements in this Act. All mandated training shall be
5 provided for at no cost to the employees. Employees shall be
6 paid for all time spent attending mandated 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) For the purposes of this Section, the Board shall
17 adopt rules defining what constitutes employment on a
18 part-time basis.
19 (g) Notwithstanding any provision of law to the contrary,
20 the changes made to this Section by this amendatory Act of the
21 102nd General Assembly and Public Act 101-652 take effect July
22 1, 2022.
23 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
24 (50 ILCS 705/10.25 new)
25 Sec. 10.25. Training; crimes motivated by bias.
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1 (a) The Board must approve at least one training course to
2 assist law enforcement officers in identifying, responding to,
3 and reporting crimes committed in whole or in substantial part
4 because of the victim's or another's actual or perceived race,
5 color, ethnicity, religion, sex, gender, sexual orientation,
6 gender identity, gender expression, age, national origin, or
7 disability, or because of the victim's actual or perceived
8 association with another person or group of a certain actual
9 or perceived race, color, ethnicity, religion, sex, gender,
10 sexual orientation, gender identity, gender expression, age,
11 national origin, or disability.
12 Each course must include material to help officers
13 distinguish bias crimes from other crimes, to help officers in
14 understanding and assisting victims of these crimes, and to
15 ensure that bias crimes will be accurately reported. The Board
16 must review the approved course or courses every 3 years and
17 update the approved courses.
18 In updating the approved training courses described in
19 this subsection, the Board must consult and may incorporate
20 input from the Commission on Discrimination and Hate Crimes.
21 (b) The Board must provide to the chief law enforcement
22 officer of each law enforcement agency instructional materials
23 patterned after the materials developed by the board under
24 subsection (a). These materials must meet Board requirements
25 for in-service training credit and be updated periodically as
26 the Board considers appropriate. The Board must also seek
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