| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0389 | |
| 2 | 1 | SB1754 EnrolledLRB103 25495 AWJ 51844 b SB1754 Enrolled LRB103 25495 AWJ 51844 b | |
| 3 | 2 | SB1754 Enrolled LRB103 25495 AWJ 51844 b | |
| 4 | - | AN ACT concerning local government. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Administrative Procedure Act is | |
| 8 | - | amended by adding Section 5-45.35 as follows: | |
| 9 | - | (5 ILCS 100/5-45.35 new) | |
| 10 | - | Sec. 5-45.35. Emergency rulemaking; Illinois Law | |
| 11 | - | Enforcement Training Standards Board. To provide for the | |
| 12 | - | expeditious and timely implementation of the changes made in | |
| 13 | - | Sections 8.1 and 8.2 of the Illinois Police Training Act, | |
| 14 | - | emergency rules implementing the waiver process under Sections | |
| 15 | - | 8.1 and 8.2 of the Illinois Police Training Act may be adopted | |
| 16 | - | in accordance with Section 5-45 by the Illinois Law | |
| 17 | - | Enforcement Training Standards Board. The adoption of | |
| 18 | - | emergency rules authorized by Section 5-45 and this Section is | |
| 19 | - | deemed to be necessary for the public interest, safety, and | |
| 20 | - | welfare. | |
| 21 | - | This Section is repealed one year after the effective date | |
| 22 | - | of this amendatory Act of the 103rd General Assembly. | |
| 23 | - | Section 10. The Illinois Police Training Act is amended by | |
| 24 | - | changing Sections 8.1 and 8.2 as follows: | |
| 3 | + | 1 AN ACT concerning local government. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Administrative Procedure Act is | |
| 7 | + | 5 amended by adding Section 5-45.35 as follows: | |
| 8 | + | 6 (5 ILCS 100/5-45.35 new) | |
| 9 | + | 7 Sec. 5-45.35. Emergency rulemaking; Illinois Law | |
| 10 | + | 8 Enforcement Training Standards Board. To provide for the | |
| 11 | + | 9 expeditious and timely implementation of the changes made in | |
| 12 | + | 10 Sections 8.1 and 8.2 of the Illinois Police Training Act, | |
| 13 | + | 11 emergency rules implementing the waiver process under Sections | |
| 14 | + | 12 8.1 and 8.2 of the Illinois Police Training Act may be adopted | |
| 15 | + | 13 in accordance with Section 5-45 by the Illinois Law | |
| 16 | + | 14 Enforcement Training Standards Board. The adoption of | |
| 17 | + | 15 emergency rules authorized by Section 5-45 and this Section is | |
| 18 | + | 16 deemed to be necessary for the public interest, safety, and | |
| 19 | + | 17 welfare. | |
| 20 | + | 18 This Section is repealed one year after the effective date | |
| 21 | + | 19 of this amendatory Act of the 103rd General Assembly. | |
| 22 | + | 20 Section 10. The Illinois Police Training Act is amended by | |
| 23 | + | 21 changing Sections 8.1 and 8.2 as follows: | |
| 25 | 24 | ||
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | SB1754 Enrolled LRB103 25495 AWJ 51844 b | |
| 29 | 28 | ||
| 30 | 29 | ||
| 31 | - | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) | |
| 32 | - | Sec. 8.1. Full-time law enforcement and county corrections | |
| 33 | - | officers. | |
| 34 | - | (a) No person shall receive a permanent appointment as a | |
| 35 | - | law enforcement officer or a permanent appointment as a county | |
| 36 | - | corrections officer unless that person has been awarded, | |
| 37 | - | within 6 months of the officer's initial full-time employment, | |
| 38 | - | a certificate attesting to the officer's successful completion | |
| 39 | - | of the Minimum Standards Basic Law Enforcement or County | |
| 40 | - | Correctional Training Course as prescribed by the Board; or | |
| 41 | - | has been awarded a certificate attesting to the officer's | |
| 42 | - | satisfactory completion of a training program of similar | |
| 43 | - | content and number of hours and which course has been found | |
| 44 | - | acceptable by the Board under the provisions of this Act; or a | |
| 45 | - | training waiver by reason of extensive prior law enforcement | |
| 46 | - | or county corrections experience, obtained in Illinois, in any | |
| 47 | - | other state, or with an agency of the federal government, the | |
| 48 | - | basic training requirement is determined by the Board to be | |
| 49 | - | illogical and unreasonable. Agencies seeking a reciprocity | |
| 50 | - | waiver for training completed outside of Illinois must conduct | |
| 51 | - | a thorough background check and provide verification of the | |
| 52 | - | officer's prior training. After review and satisfaction of all | |
| 53 | - | requested conditions, the officer shall be awarded an | |
| 54 | - | equivalency certificate satisfying the requirements of this | |
| 55 | - | Section. Within 60 days after the effective date of this | |
| 56 | - | amendatory Act of the 103rd General Assembly, the Board shall | |
| 30 | + | SB1754 Enrolled- 2 -LRB103 25495 AWJ 51844 b SB1754 Enrolled - 2 - LRB103 25495 AWJ 51844 b | |
| 31 | + | SB1754 Enrolled - 2 - LRB103 25495 AWJ 51844 b | |
| 32 | + | 1 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) | |
| 33 | + | 2 Sec. 8.1. Full-time law enforcement and county corrections | |
| 34 | + | 3 officers. | |
| 35 | + | 4 (a) No person shall receive a permanent appointment as a | |
| 36 | + | 5 law enforcement officer or a permanent appointment as a county | |
| 37 | + | 6 corrections officer unless that person has been awarded, | |
| 38 | + | 7 within 6 months of the officer's initial full-time employment, | |
| 39 | + | 8 a certificate attesting to the officer's successful completion | |
| 40 | + | 9 of the Minimum Standards Basic Law Enforcement or County | |
| 41 | + | 10 Correctional Training Course as prescribed by the Board; or | |
| 42 | + | 11 has been awarded a certificate attesting to the officer's | |
| 43 | + | 12 satisfactory completion of a training program of similar | |
| 44 | + | 13 content and number of hours and which course has been found | |
| 45 | + | 14 acceptable by the Board under the provisions of this Act; or a | |
| 46 | + | 15 training waiver by reason of extensive prior law enforcement | |
| 47 | + | 16 or county corrections experience, obtained in Illinois, in any | |
| 48 | + | 17 other state, or with an agency of the federal government, the | |
| 49 | + | 18 basic training requirement is determined by the Board to be | |
| 50 | + | 19 illogical and unreasonable. Agencies seeking a reciprocity | |
| 51 | + | 20 waiver for training completed outside of Illinois must conduct | |
| 52 | + | 21 a thorough background check and provide verification of the | |
| 53 | + | 22 officer's prior training. After review and satisfaction of all | |
| 54 | + | 23 requested conditions, the officer shall be awarded an | |
| 55 | + | 24 equivalency certificate satisfying the requirements of this | |
| 56 | + | 25 Section. Within 60 days after the effective date of this | |
| 57 | + | 26 amendatory Act of the 103rd General Assembly, the Board shall | |
| 57 | 58 | ||
| 58 | 59 | ||
| 59 | - | adopt uniform rules providing for a waiver process for a | |
| 60 | - | person previously employed and qualified as a law enforcement | |
| 61 | - | or county corrections officer under federal law or the laws of | |
| 62 | - | any other state, or who has completed a basic law enforcement | |
| 63 | - | officer or correctional officer academy who would be qualified | |
| 64 | - | to be employed as a law enforcement officer or correctional | |
| 65 | - | officer by the federal government or any other state. These | |
| 66 | - | rules shall address the process for evaluating prior training | |
| 67 | - | credit, a description and list of the courses typically | |
| 68 | - | required for reciprocity candidates to complete prior to | |
| 69 | - | taking the exam, and a procedure for employers seeking a | |
| 70 | - | pre-activation determination for a reciprocity training | |
| 71 | - | waiver. The rules shall provide that any eligible person | |
| 72 | - | previously trained as a law enforcement or county corrections | |
| 73 | - | officer under federal law or the laws of any other state shall | |
| 74 | - | successfully complete the following prior to the approval of a | |
| 75 | - | waiver: | |
| 76 | - | (1) a training program or set of coursework approved | |
| 77 | - | by the Board on the laws of this State relevant to the | |
| 78 | - | duties and training requirements of law enforcement and | |
| 79 | - | county correctional officers; | |
| 80 | - | (2) firearms training; and | |
| 81 | - | (3) successful passage of the equivalency | |
| 82 | - | certification examination. | |
| 83 | - | If such training is required and not completed within the | |
| 84 | - | applicable 6 months, then the officer must forfeit the | |
| 85 | 60 | ||
| 86 | 61 | ||
| 87 | - | officer's position, or the employing agency must obtain a | |
| 88 | - | waiver from the Board extending the period for compliance. | |
| 89 | - | Such waiver shall be issued only for good and justifiable | |
| 90 | - | reasons, and in no case shall extend more than 90 days beyond | |
| 91 | - | the initial 6 months. Any hiring agency that fails to train a | |
| 92 | - | law enforcement officer within this period shall be prohibited | |
| 93 | - | from employing this individual in a law enforcement capacity | |
| 94 | - | for one year from the date training was to be completed. If an | |
| 95 | - | agency again fails to train the individual a second time, the | |
| 96 | - | agency shall be permanently barred from employing this | |
| 97 | - | individual in a law enforcement capacity. | |
| 98 | - | An individual who is not certified by the Board or whose | |
| 99 | - | certified status is inactive shall not function as a law | |
| 100 | - | enforcement officer, be assigned the duties of a law | |
| 101 | - | enforcement officer by an employing agency, or be authorized | |
| 102 | - | to carry firearms under the authority of the employer, except | |
| 103 | - | as otherwise authorized to carry a firearm under State or | |
| 104 | - | federal law. Sheriffs who are elected as of January 1, 2022 | |
| 105 | - | (the effective date of Public Act 101-652) this amendatory Act | |
| 106 | - | of the 101st General Assembly, are exempt from the requirement | |
| 107 | - | of certified status. Failure to be certified in accordance | |
| 108 | - | with this Act shall cause the officer to forfeit the officer's | |
| 109 | - | position. | |
| 110 | - | An employing agency may not grant a person status as a law | |
| 111 | - | enforcement officer unless the person has been granted an | |
| 112 | - | active law enforcement officer certification by the Board. | |
| 62 | + | ||
| 63 | + | SB1754 Enrolled - 2 - LRB103 25495 AWJ 51844 b | |
| 113 | 64 | ||
| 114 | 65 | ||
| 115 | - | (b) Inactive status. A person who has an inactive law | |
| 116 | - | enforcement officer certification has no law enforcement | |
| 117 | - | authority. | |
| 118 | - | (1) A law enforcement officer's certification becomes | |
| 119 | - | inactive upon termination, resignation, retirement, or | |
| 120 | - | separation from the officer's employing law enforcement | |
| 121 | - | agency for any reason. The Board shall re-activate a | |
| 122 | - | certification upon written application from the law | |
| 123 | - | enforcement officer's law enforcement agency that shows | |
| 124 | - | the law enforcement officer: (i) has accepted a full-time | |
| 125 | - | law enforcement position with that law enforcement agency, | |
| 126 | - | (ii) is not the subject of a decertification proceeding, | |
| 127 | - | and (iii) meets all other criteria for re-activation | |
| 128 | - | required by the Board. The Board may also establish | |
| 129 | - | special training requirements to be completed as a | |
| 130 | - | condition for re-activation. | |
| 131 | - | The Board shall review a notice for reactivation from | |
| 132 | - | a law enforcement agency and provide a response within 30 | |
| 133 | - | days. The Board may extend this review. A law enforcement | |
| 134 | - | officer shall be allowed to be employed as a full-time law | |
| 135 | - | enforcement officer while the law enforcement officer | |
| 136 | - | reactivation waiver is under review. | |
| 137 | - | A law enforcement officer who is refused reactivation | |
| 138 | - | or an employing agency of a law enforcement officer who is | |
| 139 | - | refused reactivation under this Section may request a | |
| 140 | - | hearing in accordance with the hearing procedures as | |
| 66 | + | SB1754 Enrolled- 3 -LRB103 25495 AWJ 51844 b SB1754 Enrolled - 3 - LRB103 25495 AWJ 51844 b | |
| 67 | + | SB1754 Enrolled - 3 - LRB103 25495 AWJ 51844 b | |
| 68 | + | 1 adopt uniform rules providing for a waiver process for a | |
| 69 | + | 2 person previously employed and qualified as a law enforcement | |
| 70 | + | 3 or county corrections officer under federal law or the laws of | |
| 71 | + | 4 any other state, or who has completed a basic law enforcement | |
| 72 | + | 5 officer or correctional officer academy who would be qualified | |
| 73 | + | 6 to be employed as a law enforcement officer or correctional | |
| 74 | + | 7 officer by the federal government or any other state. These | |
| 75 | + | 8 rules shall address the process for evaluating prior training | |
| 76 | + | 9 credit, a description and list of the courses typically | |
| 77 | + | 10 required for reciprocity candidates to complete prior to | |
| 78 | + | 11 taking the exam, and a procedure for employers seeking a | |
| 79 | + | 12 pre-activation determination for a reciprocity training | |
| 80 | + | 13 waiver. The rules shall provide that any eligible person | |
| 81 | + | 14 previously trained as a law enforcement or county corrections | |
| 82 | + | 15 officer under federal law or the laws of any other state shall | |
| 83 | + | 16 successfully complete the following prior to the approval of a | |
| 84 | + | 17 waiver: | |
| 85 | + | 18 (1) a training program or set of coursework approved | |
| 86 | + | 19 by the Board on the laws of this State relevant to the | |
| 87 | + | 20 duties and training requirements of law enforcement and | |
| 88 | + | 21 county correctional officers; | |
| 89 | + | 22 (2) firearms training; and | |
| 90 | + | 23 (3) successful passage of the equivalency | |
| 91 | + | 24 certification examination. | |
| 92 | + | 25 If such training is required and not completed within the | |
| 93 | + | 26 applicable 6 months, then the officer must forfeit the | |
| 141 | 94 | ||
| 142 | 95 | ||
| 143 | - | outlined in subsection (h) of Section 6.3 of this Act. | |
| 144 | - | The Board may refuse to re-activate the certification | |
| 145 | - | of a law enforcement officer who was involuntarily | |
| 146 | - | terminated for good cause by an employing agency for | |
| 147 | - | conduct subject to decertification under this Act or | |
| 148 | - | resigned or retired after receiving notice of a law | |
| 149 | - | enforcement agency's investigation. | |
| 150 | - | (2) A law enforcement agency may place an officer who | |
| 151 | - | is currently certified on inactive status by sending a | |
| 152 | - | written request to the Board. A law enforcement officer | |
| 153 | - | whose certificate has been placed on inactive status shall | |
| 154 | - | not function as a law enforcement officer until the | |
| 155 | - | officer has completed any requirements for reactivating | |
| 156 | - | the certificate as required by the Board. A request for | |
| 157 | - | inactive status in this subsection shall be in writing, | |
| 158 | - | accompanied by verifying documentation, and shall be | |
| 159 | - | submitted to the Board with a copy to the chief | |
| 160 | - | administrator of the law enforcement officer's current or | |
| 161 | - | new employing agency. | |
| 162 | - | (3) Certification that has become inactive under | |
| 163 | - | paragraph (2) of this subsection (b), shall be reactivated | |
| 164 | - | by written notice from the law enforcement officer's | |
| 165 | - | agency upon a showing that the law enforcement officer is: | |
| 166 | - | (i) is employed in a full-time law enforcement position | |
| 167 | - | with the same law enforcement agency, (ii) is not the | |
| 168 | - | subject of a decertification proceeding, and (iii) meets | |
| 169 | 96 | ||
| 170 | 97 | ||
| 171 | - | all other criteria for re-activation required by the | |
| 172 | - | Board. | |
| 173 | - | (4) Notwithstanding paragraph (3) of this subsection | |
| 174 | - | (b), a law enforcement officer whose certification has | |
| 175 | - | become inactive under paragraph (2) may have the officer's | |
| 176 | - | employing agency submit a request for a waiver of training | |
| 177 | - | requirements to the Board in writing and accompanied by | |
| 178 | - | any verifying documentation.. A grant of a waiver is | |
| 179 | - | within the discretion of the Board. Within 7 days of | |
| 180 | - | receiving a request for a waiver under this Section | |
| 181 | - | section, the Board shall notify the law enforcement | |
| 182 | - | officer and the chief administrator of the law enforcement | |
| 183 | - | officer's employing agency, whether the request has been | |
| 184 | - | granted, denied, or if the Board will take additional time | |
| 185 | - | for information. A law enforcement agency, whose request | |
| 186 | - | for a waiver under this subsection is denied, is entitled | |
| 187 | - | to request a review of the denial by the Board. The law | |
| 188 | - | enforcement agency must request a review within 20 days of | |
| 189 | - | the waiver being denied. The burden of proof shall be on | |
| 190 | - | the law enforcement agency to show why the law enforcement | |
| 191 | - | officer is entitled to a waiver of the legislatively | |
| 192 | - | required training and eligibility requirements. | |
| 193 | - | (c) No provision of this Section shall be construed to | |
| 194 | - | mean that a county corrections officer employed by a | |
| 195 | - | governmental agency at the time of the effective date of this | |
| 196 | - | amendatory Act, either as a probationary county corrections | |
| 98 | + | ||
| 99 | + | SB1754 Enrolled - 3 - LRB103 25495 AWJ 51844 b | |
| 197 | 100 | ||
| 198 | 101 | ||
| 199 | - | officer or as a permanent county corrections officer, shall | |
| 200 | - | require certification under the provisions of this Section. No | |
| 201 | - | provision of this Section shall be construed to apply to | |
| 202 | - | certification of elected county sheriffs. | |
| 203 | - | (d) Within 14 days, a law enforcement officer shall report | |
| 204 | - | to the Board: (1) any name change; (2) any change in | |
| 205 | - | employment; or (3) the filing of any criminal indictment or | |
| 206 | - | charges against the officer alleging that the officer | |
| 207 | - | committed any offense as enumerated in Section 6.1 of this | |
| 208 | - | Act. | |
| 209 | - | (e) All law enforcement officers must report the | |
| 210 | - | completion of the training requirements required in this Act | |
| 211 | - | in compliance with Section 8.4 of this Act. | |
| 212 | - | (e-1) Each employing law enforcement agency shall allow | |
| 213 | - | and provide an opportunity for a law enforcement officer to | |
| 214 | - | complete the mandated requirements in this Act. All mandated | |
| 215 | - | training shall will be provided for at no cost to the | |
| 216 | - | employees. Employees shall be paid for all time spent | |
| 217 | - | attending mandated training. | |
| 218 | - | (e-2) Each agency, academy, or training provider shall | |
| 219 | - | maintain proof of a law enforcement officer's completion of | |
| 220 | - | legislatively required training in a format designated by the | |
| 221 | - | Board. The report of training shall be submitted to the Board | |
| 222 | - | within 30 days following completion of the training. A copy of | |
| 223 | - | the report shall be submitted to the law enforcement officer. | |
| 224 | - | Upon receipt of a properly completed report of training, the | |
| 102 | + | SB1754 Enrolled- 4 -LRB103 25495 AWJ 51844 b SB1754 Enrolled - 4 - LRB103 25495 AWJ 51844 b | |
| 103 | + | SB1754 Enrolled - 4 - LRB103 25495 AWJ 51844 b | |
| 104 | + | 1 officer's position, or the employing agency must obtain a | |
| 105 | + | 2 waiver from the Board extending the period for compliance. | |
| 106 | + | 3 Such waiver shall be issued only for good and justifiable | |
| 107 | + | 4 reasons, and in no case shall extend more than 90 days beyond | |
| 108 | + | 5 the initial 6 months. Any hiring agency that fails to train a | |
| 109 | + | 6 law enforcement officer within this period shall be prohibited | |
| 110 | + | 7 from employing this individual in a law enforcement capacity | |
| 111 | + | 8 for one year from the date training was to be completed. If an | |
| 112 | + | 9 agency again fails to train the individual a second time, the | |
| 113 | + | 10 agency shall be permanently barred from employing this | |
| 114 | + | 11 individual in a law enforcement capacity. | |
| 115 | + | 12 An individual who is not certified by the Board or whose | |
| 116 | + | 13 certified status is inactive shall not function as a law | |
| 117 | + | 14 enforcement officer, be assigned the duties of a law | |
| 118 | + | 15 enforcement officer by an employing agency, or be authorized | |
| 119 | + | 16 to carry firearms under the authority of the employer, except | |
| 120 | + | 17 as otherwise authorized to carry a firearm under State or | |
| 121 | + | 18 federal law. Sheriffs who are elected as of January 1, 2022 | |
| 122 | + | 19 (the effective date of Public Act 101-652) this amendatory Act | |
| 123 | + | 20 of the 101st General Assembly, are exempt from the requirement | |
| 124 | + | 21 of certified status. Failure to be certified in accordance | |
| 125 | + | 22 with this Act shall cause the officer to forfeit the officer's | |
| 126 | + | 23 position. | |
| 127 | + | 24 An employing agency may not grant a person status as a law | |
| 128 | + | 25 enforcement officer unless the person has been granted an | |
| 129 | + | 26 active law enforcement officer certification by the Board. | |
| 225 | 130 | ||
| 226 | 131 | ||
| 227 | - | Board will make the appropriate entry into the training | |
| 228 | - | records of the law enforcement officer. | |
| 229 | - | (f) This Section does not apply to part-time law | |
| 230 | - | enforcement officers or probationary part-time law enforcement | |
| 231 | - | officers. | |
| 232 | - | (g) Notwithstanding any provision of law to the contrary, | |
| 233 | - | the changes made to this Section by this amendatory Act of the | |
| 234 | - | 102nd General Assembly, Public Act 101-652, and Public Act | |
| 235 | - | 102-28, and Public Act 102-694 take effect July 1, 2022. | |
| 236 | - | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | |
| 237 | - | 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.) | |
| 238 | - | (50 ILCS 705/8.2) | |
| 239 | - | Sec. 8.2. Part-time law enforcement officers. | |
| 240 | - | (a) A person hired to serve as a part-time law enforcement | |
| 241 | - | officer must obtain from the Board a certificate (i) attesting | |
| 242 | - | to the officer's successful completion of the part-time police | |
| 243 | - | training course; (ii) attesting to the officer's satisfactory | |
| 244 | - | completion of a training program of similar content and number | |
| 245 | - | of hours that has been found acceptable by the Board under the | |
| 246 | - | provisions of this Act; or (iii) a training waiver attesting | |
| 247 | - | to the Board's determination that the part-time police | |
| 248 | - | training course is unnecessary because of the person's | |
| 249 | - | extensive prior law enforcement experience obtained in | |
| 250 | - | Illinois, in any other state, or with an agency of the federal | |
| 251 | - | government. A person hired on or after the effective date of | |
| 252 | 132 | ||
| 253 | 133 | ||
| 254 | - | this amendatory Act of the 92nd General Assembly must obtain | |
| 255 | - | this certificate within 18 months after the initial date of | |
| 256 | - | hire as a probationary part-time law enforcement officer in | |
| 257 | - | the State of Illinois. The probationary part-time law | |
| 258 | - | enforcement officer must be enrolled and accepted into a | |
| 259 | - | Board-approved course within 6 months after active employment | |
| 260 | - | by any department in the State. A person hired on or after | |
| 261 | - | January 1, 1996 and before the effective date of this | |
| 262 | - | amendatory Act of the 92nd General Assembly must obtain this | |
| 263 | - | certificate within 18 months after the date of hire. A person | |
| 264 | - | hired before January 1, 1996 must obtain this certificate | |
| 265 | - | within 24 months after the effective date of this amendatory | |
| 266 | - | Act of 1995. Agencies seeking a reciprocity waiver for | |
| 267 | - | training completed outside of Illinois must conduct a thorough | |
| 268 | - | background check and provide verification of the officer's | |
| 269 | - | prior training. After review and satisfaction of all requested | |
| 270 | - | conditions, the officer shall be awarded an equivalency | |
| 271 | - | certificate satisfying the requirements of this Section. | |
| 272 | - | Within 60 days after the effective date of this amendatory Act | |
| 273 | - | of the 103rd General Assembly, the Board shall adopt uniform | |
| 274 | - | rules providing for a waiver process for a person previously | |
| 275 | - | employed and qualified as a law enforcement or county | |
| 276 | - | corrections officer under federal law or the laws of any other | |
| 277 | - | state, or who has completed a basic law enforcement officer or | |
| 278 | - | correctional officer academy who would be qualified to be | |
| 279 | - | employed as a law enforcement officer or correctional officer | |
| 134 | + | ||
| 135 | + | SB1754 Enrolled - 4 - LRB103 25495 AWJ 51844 b | |
| 280 | 136 | ||
| 281 | 137 | ||
| 282 | - | by the federal government or any other state. These rules | |
| 283 | - | shall address the process for evaluating prior training | |
| 284 | - | credit, a description and list of the courses typically | |
| 285 | - | required for reciprocity candidates to complete prior to | |
| 286 | - | taking the exam, and a procedure for employers seeking a | |
| 287 | - | pre-activation determination for a reciprocity training | |
| 288 | - | waiver. The rules shall provide that any eligible person | |
| 289 | - | previously trained as a law enforcement or county corrections | |
| 290 | - | officer under federal law or the laws of any other state shall | |
| 291 | - | successfully complete the following prior to the approval of a | |
| 292 | - | waiver: | |
| 293 | - | (1) a training program or set of coursework approved | |
| 294 | - | by the Board on the laws of this State relevant to the | |
| 295 | - | duties and training requirements of law enforcement and | |
| 296 | - | county correctional officers; | |
| 297 | - | (2) firearms training; and | |
| 298 | - | (3) successful passage of the equivalency | |
| 299 | - | certification examination. | |
| 300 | - | The employing agency may seek an extension waiver from the | |
| 301 | - | Board extending the period for compliance. An extension waiver | |
| 302 | - | shall be issued only for good and justifiable reasons, and the | |
| 303 | - | probationary part-time law enforcement officer may not | |
| 304 | - | practice as a part-time law enforcement officer during the | |
| 305 | - | extension waiver period. If training is required and not | |
| 306 | - | completed within the applicable time period, as extended by | |
| 307 | - | any waiver that may be granted, then the officer must forfeit | |
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| 139 | + | SB1754 Enrolled - 5 - LRB103 25495 AWJ 51844 b | |
| 140 | + | 1 (b) Inactive status. A person who has an inactive law | |
| 141 | + | 2 enforcement officer certification has no law enforcement | |
| 142 | + | 3 authority. | |
| 143 | + | 4 (1) A law enforcement officer's certification becomes | |
| 144 | + | 5 inactive upon termination, resignation, retirement, or | |
| 145 | + | 6 separation from the officer's employing law enforcement | |
| 146 | + | 7 agency for any reason. The Board shall re-activate a | |
| 147 | + | 8 certification upon written application from the law | |
| 148 | + | 9 enforcement officer's law enforcement agency that shows | |
| 149 | + | 10 the law enforcement officer: (i) has accepted a full-time | |
| 150 | + | 11 law enforcement position with that law enforcement agency, | |
| 151 | + | 12 (ii) is not the subject of a decertification proceeding, | |
| 152 | + | 13 and (iii) meets all other criteria for re-activation | |
| 153 | + | 14 required by the Board. The Board may also establish | |
| 154 | + | 15 special training requirements to be completed as a | |
| 155 | + | 16 condition for re-activation. | |
| 156 | + | 17 The Board shall review a notice for reactivation from | |
| 157 | + | 18 a law enforcement agency and provide a response within 30 | |
| 158 | + | 19 days. The Board may extend this review. A law enforcement | |
| 159 | + | 20 officer shall be allowed to be employed as a full-time law | |
| 160 | + | 21 enforcement officer while the law enforcement officer | |
| 161 | + | 22 reactivation waiver is under review. | |
| 162 | + | 23 A law enforcement officer who is refused reactivation | |
| 163 | + | 24 or an employing agency of a law enforcement officer who is | |
| 164 | + | 25 refused reactivation under this Section may request a | |
| 165 | + | 26 hearing in accordance with the hearing procedures as | |
| 308 | 166 | ||
| 309 | 167 | ||
| 310 | - | the officer's position. | |
| 311 | - | An individual who is not certified by the Board or whose | |
| 312 | - | certified status is inactive shall not function as a law | |
| 313 | - | enforcement officer, be assigned the duties of a law | |
| 314 | - | enforcement officer by an agency, or be authorized to carry | |
| 315 | - | firearms under the authority of the employer, except that | |
| 316 | - | sheriffs who are elected are exempt from the requirement of | |
| 317 | - | certified status. Failure to be in accordance with this Act | |
| 318 | - | shall cause the officer to forfeit the officer's position. | |
| 319 | - | (a-5) A part-time probationary law enforcement officer | |
| 320 | - | shall be allowed to complete six months of a part-time police | |
| 321 | - | training course and function as a law enforcement officer as | |
| 322 | - | permitted by this subsection with a waiver from the Board, | |
| 323 | - | provided the part-time law enforcement officer is still | |
| 324 | - | enrolled in the training course. If the part-time probationary | |
| 325 | - | law enforcement officer withdraws from the course for any | |
| 326 | - | reason or does not complete the course within the applicable | |
| 327 | - | time period, as extended by any waiver that may be granted, | |
| 328 | - | then the officer must forfeit the officer's position. A | |
| 329 | - | probationary law enforcement officer must function under the | |
| 330 | - | following rules: | |
| 331 | - | (1) A law enforcement agency may not grant a person | |
| 332 | - | status as a law enforcement officer unless the person has | |
| 333 | - | been granted an active law enforcement officer | |
| 334 | - | certification by the Board. | |
| 335 | - | (2) A part-time probationary law enforcement officer | |
| 336 | 168 | ||
| 337 | 169 | ||
| 338 | - | shall not be used as a permanent replacement for a | |
| 339 | - | full-time law enforcement. | |
| 340 | - | (3) A part-time probationary law enforcement officer | |
| 341 | - | shall be directly supervised at all times by a Board | |
| 342 | - | certified law enforcement officer. Direct supervision | |
| 343 | - | requires oversight and control with the supervisor having | |
| 344 | - | final decision-making authority as to the actions of the | |
| 345 | - | recruit during duty hours. | |
| 346 | - | (b) Inactive status. A person who has an inactive law | |
| 347 | - | enforcement officer certification has no law enforcement | |
| 348 | - | authority. | |
| 349 | - | (1) A law enforcement officer's certification becomes | |
| 350 | - | inactive upon termination, resignation, retirement, or | |
| 351 | - | separation from the employing agency for any reason. The | |
| 352 | - | Board shall re-activate a certification upon written | |
| 353 | - | application from the law enforcement officer's employing | |
| 354 | - | agency that shows the law enforcement officer: (i) has | |
| 355 | - | accepted a part-time law enforcement position with that a | |
| 356 | - | law enforcement agency, (ii) is not the subject of a | |
| 357 | - | decertification proceeding, and (iii) meets all other | |
| 358 | - | criteria for re-activation required by the Board. | |
| 359 | - | The Board may refuse to re-activate the certification | |
| 360 | - | of a law enforcement officer who was involuntarily | |
| 361 | - | terminated for good cause by the officer's employing | |
| 362 | - | agency for conduct subject to decertification under this | |
| 363 | - | Act or resigned or retired after receiving notice of a law | |
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| 365 | 173 | ||
| 366 | - | enforcement agency's investigation. | |
| 367 | - | (2) A law enforcement agency may place an officer who | |
| 368 | - | is currently certified on inactive status by sending a | |
| 369 | - | written request to the Board. A law enforcement officer | |
| 370 | - | whose certificate has been placed on inactive status shall | |
| 371 | - | not function as a law enforcement officer until the | |
| 372 | - | officer has completed any requirements for reactivating | |
| 373 | - | the certificate as required by the Board. A request for | |
| 374 | - | inactive status in this subsection shall be in writing, | |
| 375 | - | accompanied by verifying documentation, and shall be | |
| 376 | - | submitted to the Board by the law enforcement officer's | |
| 377 | - | employing agency. | |
| 378 | - | (3) Certification that has become inactive under | |
| 379 | - | paragraph (2) of this subsection (b), shall be reactivated | |
| 380 | - | by written notice from the law enforcement officer's law | |
| 381 | - | enforcement agency upon a showing that the law enforcement | |
| 382 | - | officer is: (i) employed in a part-time law enforcement | |
| 383 | - | position with the same law enforcement agency, (ii) not | |
| 384 | - | the subject of a decertification proceeding, and (iii) | |
| 385 | - | meets all other criteria for re-activation required by the | |
| 386 | - | Board. The Board may also establish special training | |
| 387 | - | requirements to be completed as a condition for | |
| 388 | - | re-activation. | |
| 389 | - | The Board shall review a notice for reactivation from | |
| 390 | - | a law enforcement agency and provide a response within 30 | |
| 391 | - | days. The Board may extend this review. A law enforcement | |
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| 176 | + | 1 outlined in subsection (h) of Section 6.3 of this Act. | |
| 177 | + | 2 The Board may refuse to re-activate the certification | |
| 178 | + | 3 of a law enforcement officer who was involuntarily | |
| 179 | + | 4 terminated for good cause by an employing agency for | |
| 180 | + | 5 conduct subject to decertification under this Act or | |
| 181 | + | 6 resigned or retired after receiving notice of a law | |
| 182 | + | 7 enforcement agency's investigation. | |
| 183 | + | 8 (2) A law enforcement agency may place an officer who | |
| 184 | + | 9 is currently certified on inactive status by sending a | |
| 185 | + | 10 written request to the Board. A law enforcement officer | |
| 186 | + | 11 whose certificate has been placed on inactive status shall | |
| 187 | + | 12 not function as a law enforcement officer until the | |
| 188 | + | 13 officer has completed any requirements for reactivating | |
| 189 | + | 14 the certificate as required by the Board. A request for | |
| 190 | + | 15 inactive status in this subsection shall be in writing, | |
| 191 | + | 16 accompanied by verifying documentation, and shall be | |
| 192 | + | 17 submitted to the Board with a copy to the chief | |
| 193 | + | 18 administrator of the law enforcement officer's current or | |
| 194 | + | 19 new employing agency. | |
| 195 | + | 20 (3) Certification that has become inactive under | |
| 196 | + | 21 paragraph (2) of this subsection (b), shall be reactivated | |
| 197 | + | 22 by written notice from the law enforcement officer's | |
| 198 | + | 23 agency upon a showing that the law enforcement officer is: | |
| 199 | + | 24 (i) is employed in a full-time law enforcement position | |
| 200 | + | 25 with the same law enforcement agency, (ii) is not the | |
| 201 | + | 26 subject of a decertification proceeding, and (iii) meets | |
| 392 | 202 | ||
| 393 | 203 | ||
| 394 | - | officer shall be allowed to be employed as a part-time law | |
| 395 | - | enforcement officer while the law enforcement officer | |
| 396 | - | reactivation waiver is under review. | |
| 397 | - | A law enforcement officer who is refused reactivation | |
| 398 | - | or an employing agency of a law enforcement officer who is | |
| 399 | - | refused reactivation under this Section may request a | |
| 400 | - | hearing in accordance with the hearing procedures as | |
| 401 | - | outlined in subsection (h) of Section 6.3 of this Act. | |
| 402 | - | (4) Notwithstanding paragraph (3) of this Section, a | |
| 403 | - | law enforcement officer whose certification has become | |
| 404 | - | inactive under paragraph (2) may have the officer's | |
| 405 | - | employing agency submit a request for a waiver of training | |
| 406 | - | requirements to the Board in writing and accompanied by | |
| 407 | - | any verifying documentation. A grant of a waiver is within | |
| 408 | - | the discretion of the Board. Within 7 days of receiving a | |
| 409 | - | request for a waiver under this section, the Board shall | |
| 410 | - | notify the law enforcement officer and the chief | |
| 411 | - | administrator of the law enforcement officer's employing | |
| 412 | - | agency, whether the request has been granted, denied, or | |
| 413 | - | if the Board will take additional time for information. A | |
| 414 | - | law enforcement agency or law enforcement officer, whose | |
| 415 | - | request for a waiver under this subsection is denied, is | |
| 416 | - | entitled to request a review of the denial by the Board. | |
| 417 | - | The law enforcement agency must request a review within 20 | |
| 418 | - | days after the waiver being denied. The burden of proof | |
| 419 | - | shall be on the law enforcement agency to show why the law | |
| 420 | 204 | ||
| 421 | 205 | ||
| 422 | - | enforcement officer is entitled to a waiver of the | |
| 423 | - | legislatively required training and eligibility | |
| 424 | - | requirements. | |
| 425 | - | (c) The part-time police training course referred to in | |
| 426 | - | this Section shall be of similar content and the same number of | |
| 427 | - | hours as the courses for full-time officers and shall be | |
| 428 | - | provided by Mobile Team In-Service Training Units under the | |
| 429 | - | Intergovernmental Law Enforcement Officer's In-Service | |
| 430 | - | Training Act or by another approved program or facility in a | |
| 431 | - | manner prescribed by the Board. | |
| 432 | - | (d) Within 14 days, a law enforcement officer shall report | |
| 433 | - | to the Board: (1) any name change; (2) any change in | |
| 434 | - | employment; or (3) the filing of any criminal indictment or | |
| 435 | - | charges against the officer alleging that the officer | |
| 436 | - | committed any offense as enumerated in Section 6.1 of this | |
| 437 | - | Act. | |
| 438 | - | (e) All law enforcement officers must report the | |
| 439 | - | completion of the training requirements required in this Act | |
| 440 | - | in compliance with Section 8.4 of this Act. | |
| 441 | - | (e-1) Each employing agency shall allow and provide an | |
| 442 | - | opportunity for a law enforcement officer to complete the | |
| 443 | - | requirements in this Act. All mandated training shall be | |
| 444 | - | provided for at no cost to the employees. Employees shall be | |
| 445 | - | paid for all time spent attending mandated training. | |
| 446 | - | (e-2) Each agency, academy, or training provider shall | |
| 447 | - | maintain proof of a law enforcement officer's completion of | |
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| 448 | 208 | ||
| 449 | 209 | ||
| 450 | - | legislatively required training in a format designated by the | |
| 451 | - | Board. The report of training shall be submitted to the Board | |
| 452 | - | within 30 days following completion of the training. A copy of | |
| 453 | - | the report shall be submitted to the law enforcement officer. | |
| 454 | - | Upon receipt of a properly completed report of training, the | |
| 455 | - | Board will make the appropriate entry into the training | |
| 456 | - | records of the law enforcement officer. | |
| 457 | - | (f) For the purposes of this Section, the Board shall | |
| 458 | - | adopt rules defining what constitutes employment on a | |
| 459 | - | part-time basis. | |
| 460 | - | (g) Notwithstanding any provision of law to the contrary, | |
| 461 | - | the changes made to this Section by this amendatory Act of the | |
| 462 | - | 102nd General Assembly and Public Act 101-652 take effect July | |
| 463 | - | 1, 2022. | |
| 464 | - | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | |
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| 212 | + | 1 all other criteria for re-activation required by the | |
| 213 | + | 2 Board. | |
| 214 | + | 3 (4) Notwithstanding paragraph (3) of this subsection | |
| 215 | + | 4 (b), a law enforcement officer whose certification has | |
| 216 | + | 5 become inactive under paragraph (2) may have the officer's | |
| 217 | + | 6 employing agency submit a request for a waiver of training | |
| 218 | + | 7 requirements to the Board in writing and accompanied by | |
| 219 | + | 8 any verifying documentation.. A grant of a waiver is | |
| 220 | + | 9 within the discretion of the Board. Within 7 days of | |
| 221 | + | 10 receiving a request for a waiver under this Section | |
| 222 | + | 11 section, the Board shall notify the law enforcement | |
| 223 | + | 12 officer and the chief administrator of the law enforcement | |
| 224 | + | 13 officer's employing agency, whether the request has been | |
| 225 | + | 14 granted, denied, or if the Board will take additional time | |
| 226 | + | 15 for information. A law enforcement agency, whose request | |
| 227 | + | 16 for a waiver under this subsection is denied, is entitled | |
| 228 | + | 17 to request a review of the denial by the Board. The law | |
| 229 | + | 18 enforcement agency must request a review within 20 days of | |
| 230 | + | 19 the waiver being denied. The burden of proof shall be on | |
| 231 | + | 20 the law enforcement agency to show why the law enforcement | |
| 232 | + | 21 officer is entitled to a waiver of the legislatively | |
| 233 | + | 22 required training and eligibility requirements. | |
| 234 | + | 23 (c) No provision of this Section shall be construed to | |
| 235 | + | 24 mean that a county corrections officer employed by a | |
| 236 | + | 25 governmental agency at the time of the effective date of this | |
| 237 | + | 26 amendatory Act, either as a probationary county corrections | |
| 238 | + | ||
| 239 | + | ||
| 240 | + | ||
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| 248 | + | 1 officer or as a permanent county corrections officer, shall | |
| 249 | + | 2 require certification under the provisions of this Section. No | |
| 250 | + | 3 provision of this Section shall be construed to apply to | |
| 251 | + | 4 certification of elected county sheriffs. | |
| 252 | + | 5 (d) Within 14 days, a law enforcement officer shall report | |
| 253 | + | 6 to the Board: (1) any name change; (2) any change in | |
| 254 | + | 7 employment; or (3) the filing of any criminal indictment or | |
| 255 | + | 8 charges against the officer alleging that the officer | |
| 256 | + | 9 committed any offense as enumerated in Section 6.1 of this | |
| 257 | + | 10 Act. | |
| 258 | + | 11 (e) All law enforcement officers must report the | |
| 259 | + | 12 completion of the training requirements required in this Act | |
| 260 | + | 13 in compliance with Section 8.4 of this Act. | |
| 261 | + | 14 (e-1) Each employing law enforcement agency shall allow | |
| 262 | + | 15 and provide an opportunity for a law enforcement officer to | |
| 263 | + | 16 complete the mandated requirements in this Act. All mandated | |
| 264 | + | 17 training shall will be provided for at no cost to the | |
| 265 | + | 18 employees. Employees shall be paid for all time spent | |
| 266 | + | 19 attending mandated training. | |
| 267 | + | 20 (e-2) Each agency, academy, or training provider shall | |
| 268 | + | 21 maintain proof of a law enforcement officer's completion of | |
| 269 | + | 22 legislatively required training in a format designated by the | |
| 270 | + | 23 Board. The report of training shall be submitted to the Board | |
| 271 | + | 24 within 30 days following completion of the training. A copy of | |
| 272 | + | 25 the report shall be submitted to the law enforcement officer. | |
| 273 | + | 26 Upon receipt of a properly completed report of training, the | |
| 274 | + | ||
| 275 | + | ||
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| 284 | + | 1 Board will make the appropriate entry into the training | |
| 285 | + | 2 records of the law enforcement officer. | |
| 286 | + | 3 (f) This Section does not apply to part-time law | |
| 287 | + | 4 enforcement officers or probationary part-time law enforcement | |
| 288 | + | 5 officers. | |
| 289 | + | 6 (g) Notwithstanding any provision of law to the contrary, | |
| 290 | + | 7 the changes made to this Section by this amendatory Act of the | |
| 291 | + | 8 102nd General Assembly, Public Act 101-652, and Public Act | |
| 292 | + | 9 102-28, and Public Act 102-694 take effect July 1, 2022. | |
| 293 | + | 10 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | |
| 294 | + | 11 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.) | |
| 295 | + | 12 (50 ILCS 705/8.2) | |
| 296 | + | 13 Sec. 8.2. Part-time law enforcement officers. | |
| 297 | + | 14 (a) A person hired to serve as a part-time law enforcement | |
| 298 | + | 15 officer must obtain from the Board a certificate (i) attesting | |
| 299 | + | 16 to the officer's successful completion of the part-time police | |
| 300 | + | 17 training course; (ii) attesting to the officer's satisfactory | |
| 301 | + | 18 completion of a training program of similar content and number | |
| 302 | + | 19 of hours that has been found acceptable by the Board under the | |
| 303 | + | 20 provisions of this Act; or (iii) a training waiver attesting | |
| 304 | + | 21 to the Board's determination that the part-time police | |
| 305 | + | 22 training course is unnecessary because of the person's | |
| 306 | + | 23 extensive prior law enforcement experience obtained in | |
| 307 | + | 24 Illinois, in any other state, or with an agency of the federal | |
| 308 | + | 25 government. A person hired on or after the effective date of | |
| 309 | + | ||
| 310 | + | ||
| 311 | + | ||
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| 319 | + | 1 this amendatory Act of the 92nd General Assembly must obtain | |
| 320 | + | 2 this certificate within 18 months after the initial date of | |
| 321 | + | 3 hire as a probationary part-time law enforcement officer in | |
| 322 | + | 4 the State of Illinois. The probationary part-time law | |
| 323 | + | 5 enforcement officer must be enrolled and accepted into a | |
| 324 | + | 6 Board-approved course within 6 months after active employment | |
| 325 | + | 7 by any department in the State. A person hired on or after | |
| 326 | + | 8 January 1, 1996 and before the effective date of this | |
| 327 | + | 9 amendatory Act of the 92nd General Assembly must obtain this | |
| 328 | + | 10 certificate within 18 months after the date of hire. A person | |
| 329 | + | 11 hired before January 1, 1996 must obtain this certificate | |
| 330 | + | 12 within 24 months after the effective date of this amendatory | |
| 331 | + | 13 Act of 1995. Agencies seeking a reciprocity waiver for | |
| 332 | + | 14 training completed outside of Illinois must conduct a thorough | |
| 333 | + | 15 background check and provide verification of the officer's | |
| 334 | + | 16 prior training. After review and satisfaction of all requested | |
| 335 | + | 17 conditions, the officer shall be awarded an equivalency | |
| 336 | + | 18 certificate satisfying the requirements of this Section. | |
| 337 | + | 19 Within 60 days after the effective date of this amendatory Act | |
| 338 | + | 20 of the 103rd General Assembly, the Board shall adopt uniform | |
| 339 | + | 21 rules providing for a waiver process for a person previously | |
| 340 | + | 22 employed and qualified as a law enforcement or county | |
| 341 | + | 23 corrections officer under federal law or the laws of any other | |
| 342 | + | 24 state, or who has completed a basic law enforcement officer or | |
| 343 | + | 25 correctional officer academy who would be qualified to be | |
| 344 | + | 26 employed as a law enforcement officer or correctional officer | |
| 345 | + | ||
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| 355 | + | 1 by the federal government or any other state. These rules | |
| 356 | + | 2 shall address the process for evaluating prior training | |
| 357 | + | 3 credit, a description and list of the courses typically | |
| 358 | + | 4 required for reciprocity candidates to complete prior to | |
| 359 | + | 5 taking the exam, and a procedure for employers seeking a | |
| 360 | + | 6 pre-activation determination for a reciprocity training | |
| 361 | + | 7 waiver. The rules shall provide that any eligible person | |
| 362 | + | 8 previously trained as a law enforcement or county corrections | |
| 363 | + | 9 officer under federal law or the laws of any other state shall | |
| 364 | + | 10 successfully complete the following prior to the approval of a | |
| 365 | + | 11 waiver: | |
| 366 | + | 12 (1) a training program or set of coursework approved | |
| 367 | + | 13 by the Board on the laws of this State relevant to the | |
| 368 | + | 14 duties and training requirements of law enforcement and | |
| 369 | + | 15 county correctional officers; | |
| 370 | + | 16 (2) firearms training; and | |
| 371 | + | 17 (3) successful passage of the equivalency | |
| 372 | + | 18 certification examination. | |
| 373 | + | 19 The employing agency may seek an extension waiver from the | |
| 374 | + | 20 Board extending the period for compliance. An extension waiver | |
| 375 | + | 21 shall be issued only for good and justifiable reasons, and the | |
| 376 | + | 22 probationary part-time law enforcement officer may not | |
| 377 | + | 23 practice as a part-time law enforcement officer during the | |
| 378 | + | 24 extension waiver period. If training is required and not | |
| 379 | + | 25 completed within the applicable time period, as extended by | |
| 380 | + | 26 any waiver that may be granted, then the officer must forfeit | |
| 381 | + | ||
| 382 | + | ||
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| 391 | + | 1 the officer's position. | |
| 392 | + | 2 An individual who is not certified by the Board or whose | |
| 393 | + | 3 certified status is inactive shall not function as a law | |
| 394 | + | 4 enforcement officer, be assigned the duties of a law | |
| 395 | + | 5 enforcement officer by an agency, or be authorized to carry | |
| 396 | + | 6 firearms under the authority of the employer, except that | |
| 397 | + | 7 sheriffs who are elected are exempt from the requirement of | |
| 398 | + | 8 certified status. Failure to be in accordance with this Act | |
| 399 | + | 9 shall cause the officer to forfeit the officer's position. | |
| 400 | + | 10 (a-5) A part-time probationary law enforcement officer | |
| 401 | + | 11 shall be allowed to complete six months of a part-time police | |
| 402 | + | 12 training course and function as a law enforcement officer as | |
| 403 | + | 13 permitted by this subsection with a waiver from the Board, | |
| 404 | + | 14 provided the part-time law enforcement officer is still | |
| 405 | + | 15 enrolled in the training course. If the part-time probationary | |
| 406 | + | 16 law enforcement officer withdraws from the course for any | |
| 407 | + | 17 reason or does not complete the course within the applicable | |
| 408 | + | 18 time period, as extended by any waiver that may be granted, | |
| 409 | + | 19 then the officer must forfeit the officer's position. A | |
| 410 | + | 20 probationary law enforcement officer must function under the | |
| 411 | + | 21 following rules: | |
| 412 | + | 22 (1) A law enforcement agency may not grant a person | |
| 413 | + | 23 status as a law enforcement officer unless the person has | |
| 414 | + | 24 been granted an active law enforcement officer | |
| 415 | + | 25 certification by the Board. | |
| 416 | + | 26 (2) A part-time probationary law enforcement officer | |
| 417 | + | ||
| 418 | + | ||
| 419 | + | ||
| 420 | + | ||
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| 427 | + | 1 shall not be used as a permanent replacement for a | |
| 428 | + | 2 full-time law enforcement. | |
| 429 | + | 3 (3) A part-time probationary law enforcement officer | |
| 430 | + | 4 shall be directly supervised at all times by a Board | |
| 431 | + | 5 certified law enforcement officer. Direct supervision | |
| 432 | + | 6 requires oversight and control with the supervisor having | |
| 433 | + | 7 final decision-making authority as to the actions of the | |
| 434 | + | 8 recruit during duty hours. | |
| 435 | + | 9 (b) Inactive status. A person who has an inactive law | |
| 436 | + | 10 enforcement officer certification has no law enforcement | |
| 437 | + | 11 authority. | |
| 438 | + | 12 (1) A law enforcement officer's certification becomes | |
| 439 | + | 13 inactive upon termination, resignation, retirement, or | |
| 440 | + | 14 separation from the employing agency for any reason. The | |
| 441 | + | 15 Board shall re-activate a certification upon written | |
| 442 | + | 16 application from the law enforcement officer's employing | |
| 443 | + | 17 agency that shows the law enforcement officer: (i) has | |
| 444 | + | 18 accepted a part-time law enforcement position with that a | |
| 445 | + | 19 law enforcement agency, (ii) is not the subject of a | |
| 446 | + | 20 decertification proceeding, and (iii) meets all other | |
| 447 | + | 21 criteria for re-activation required by the Board. | |
| 448 | + | 22 The Board may refuse to re-activate the certification | |
| 449 | + | 23 of a law enforcement officer who was involuntarily | |
| 450 | + | 24 terminated for good cause by the officer's employing | |
| 451 | + | 25 agency for conduct subject to decertification under this | |
| 452 | + | 26 Act or resigned or retired after receiving notice of a law | |
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| 463 | + | 1 enforcement agency's investigation. | |
| 464 | + | 2 (2) A law enforcement agency may place an officer who | |
| 465 | + | 3 is currently certified on inactive status by sending a | |
| 466 | + | 4 written request to the Board. A law enforcement officer | |
| 467 | + | 5 whose certificate has been placed on inactive status shall | |
| 468 | + | 6 not function as a law enforcement officer until the | |
| 469 | + | 7 officer has completed any requirements for reactivating | |
| 470 | + | 8 the certificate as required by the Board. A request for | |
| 471 | + | 9 inactive status in this subsection shall be in writing, | |
| 472 | + | 10 accompanied by verifying documentation, and shall be | |
| 473 | + | 11 submitted to the Board by the law enforcement officer's | |
| 474 | + | 12 employing agency. | |
| 475 | + | 13 (3) Certification that has become inactive under | |
| 476 | + | 14 paragraph (2) of this subsection (b), shall be reactivated | |
| 477 | + | 15 by written notice from the law enforcement officer's law | |
| 478 | + | 16 enforcement agency upon a showing that the law enforcement | |
| 479 | + | 17 officer is: (i) employed in a part-time law enforcement | |
| 480 | + | 18 position with the same law enforcement agency, (ii) not | |
| 481 | + | 19 the subject of a decertification proceeding, and (iii) | |
| 482 | + | 20 meets all other criteria for re-activation required by the | |
| 483 | + | 21 Board. The Board may also establish special training | |
| 484 | + | 22 requirements to be completed as a condition for | |
| 485 | + | 23 re-activation. | |
| 486 | + | 24 The Board shall review a notice for reactivation from | |
| 487 | + | 25 a law enforcement agency and provide a response within 30 | |
| 488 | + | 26 days. The Board may extend this review. A law enforcement | |
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| 499 | + | 1 officer shall be allowed to be employed as a part-time law | |
| 500 | + | 2 enforcement officer while the law enforcement officer | |
| 501 | + | 3 reactivation waiver is under review. | |
| 502 | + | 4 A law enforcement officer who is refused reactivation | |
| 503 | + | 5 or an employing agency of a law enforcement officer who is | |
| 504 | + | 6 refused reactivation under this Section may request a | |
| 505 | + | 7 hearing in accordance with the hearing procedures as | |
| 506 | + | 8 outlined in subsection (h) of Section 6.3 of this Act. | |
| 507 | + | 9 (4) Notwithstanding paragraph (3) of this Section, a | |
| 508 | + | 10 law enforcement officer whose certification has become | |
| 509 | + | 11 inactive under paragraph (2) may have the officer's | |
| 510 | + | 12 employing agency submit a request for a waiver of training | |
| 511 | + | 13 requirements to the Board in writing and accompanied by | |
| 512 | + | 14 any verifying documentation. A grant of a waiver is within | |
| 513 | + | 15 the discretion of the Board. Within 7 days of receiving a | |
| 514 | + | 16 request for a waiver under this section, the Board shall | |
| 515 | + | 17 notify the law enforcement officer and the chief | |
| 516 | + | 18 administrator of the law enforcement officer's employing | |
| 517 | + | 19 agency, whether the request has been granted, denied, or | |
| 518 | + | 20 if the Board will take additional time for information. A | |
| 519 | + | 21 law enforcement agency or law enforcement officer, whose | |
| 520 | + | 22 request for a waiver under this subsection is denied, is | |
| 521 | + | 23 entitled to request a review of the denial by the Board. | |
| 522 | + | 24 The law enforcement agency must request a review within 20 | |
| 523 | + | 25 days after the waiver being denied. The burden of proof | |
| 524 | + | 26 shall be on the law enforcement agency to show why the law | |
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| 535 | + | 1 enforcement officer is entitled to a waiver of the | |
| 536 | + | 2 legislatively required training and eligibility | |
| 537 | + | 3 requirements. | |
| 538 | + | 4 (c) The part-time police training course referred to in | |
| 539 | + | 5 this Section shall be of similar content and the same number of | |
| 540 | + | 6 hours as the courses for full-time officers and shall be | |
| 541 | + | 7 provided by Mobile Team In-Service Training Units under the | |
| 542 | + | 8 Intergovernmental Law Enforcement Officer's In-Service | |
| 543 | + | 9 Training Act or by another approved program or facility in a | |
| 544 | + | 10 manner prescribed by the Board. | |
| 545 | + | 11 (d) Within 14 days, a law enforcement officer shall report | |
| 546 | + | 12 to the Board: (1) any name change; (2) any change in | |
| 547 | + | 13 employment; or (3) the filing of any criminal indictment or | |
| 548 | + | 14 charges against the officer alleging that the officer | |
| 549 | + | 15 committed any offense as enumerated in Section 6.1 of this | |
| 550 | + | 16 Act. | |
| 551 | + | 17 (e) All law enforcement officers must report the | |
| 552 | + | 18 completion of the training requirements required in this Act | |
| 553 | + | 19 in compliance with Section 8.4 of this Act. | |
| 554 | + | 20 (e-1) Each employing agency shall allow and provide an | |
| 555 | + | 21 opportunity for a law enforcement officer to complete the | |
| 556 | + | 22 requirements in this Act. All mandated training shall be | |
| 557 | + | 23 provided for at no cost to the employees. Employees shall be | |
| 558 | + | 24 paid for all time spent attending mandated training. | |
| 559 | + | 25 (e-2) Each agency, academy, or training provider shall | |
| 560 | + | 26 maintain proof of a law enforcement officer's completion of | |
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| 571 | + | 1 legislatively required training in a format designated by the | |
| 572 | + | 2 Board. The report of training shall be submitted to the Board | |
| 573 | + | 3 within 30 days following completion of the training. A copy of | |
| 574 | + | 4 the report shall be submitted to the law enforcement officer. | |
| 575 | + | 5 Upon receipt of a properly completed report of training, the | |
| 576 | + | 6 Board will make the appropriate entry into the training | |
| 577 | + | 7 records of the law enforcement officer. | |
| 578 | + | 8 (f) For the purposes of this Section, the Board shall | |
| 579 | + | 9 adopt rules defining what constitutes employment on a | |
| 580 | + | 10 part-time basis. | |
| 581 | + | 11 (g) Notwithstanding any provision of law to the contrary, | |
| 582 | + | 12 the changes made to this Section by this amendatory Act of the | |
| 583 | + | 13 102nd General Assembly and Public Act 101-652 take effect July | |
| 584 | + | 14 1, 2022. | |
| 585 | + | 15 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | |
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