Public Act 103-0389
SB1754 EnrolledLRB103 25495 AWJ 51844 b SB1754 Enrolled LRB103 25495 AWJ 51844 b
SB1754 Enrolled LRB103 25495 AWJ 51844 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; Illinois Law
Enforcement Training Standards Board. To provide for the
expeditious and timely implementation of the changes made in
Sections 8.1 and 8.2 of the Illinois Police Training Act,
emergency rules implementing the waiver process under Sections
8.1 and 8.2 of the Illinois Police Training Act may be adopted
in accordance with Section 5-45 by the Illinois Law
Enforcement Training Standards Board. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Illinois Police Training Act is amended by
changing Sections 8.1 and 8.2 as follows:
SB1754 Enrolled LRB103 25495 AWJ 51844 b
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time law enforcement and county corrections
officers.
(a) No person shall receive a permanent appointment as a
law enforcement officer or a permanent appointment as a county
corrections officer unless that person has been awarded,
within 6 months of the officer's initial full-time employment,
a certificate attesting to the officer's successful completion
of the Minimum Standards Basic Law Enforcement or County
Correctional Training Course as prescribed by the Board; or
has been awarded a certificate attesting to the officer's
satisfactory completion of a training program of similar
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or a
training waiver by reason of extensive prior law enforcement
or county corrections experience, obtained in Illinois, in any
other state, or with an agency of the federal government, the
basic training requirement is determined by the Board to be
illogical and unreasonable. Agencies seeking a reciprocity
waiver for training completed outside of Illinois must conduct
a thorough background check and provide verification of the
officer's prior training. After review and satisfaction of all
requested conditions, the officer shall be awarded an
equivalency certificate satisfying the requirements of this
Section. Within 60 days after the effective date of this
amendatory Act of the 103rd General Assembly, the Board shall
adopt uniform rules providing for a waiver process for a
person previously employed and qualified as a law enforcement
or county corrections officer under federal law or the laws of
any other state, or who has completed a basic law enforcement
officer or correctional officer academy who would be qualified
to be employed as a law enforcement officer or correctional
officer by the federal government or any other state. These
rules shall address the process for evaluating prior training
credit, a description and list of the courses typically
required for reciprocity candidates to complete prior to
taking the exam, and a procedure for employers seeking a
pre-activation determination for a reciprocity training
waiver. The rules shall provide that any eligible person
previously trained as a law enforcement or county corrections
officer under federal law or the laws of any other state shall
successfully complete the following prior to the approval of a
waiver:
(1) a training program or set of coursework approved
by the Board on the laws of this State relevant to the
duties and training requirements of law enforcement and
county correctional officers;
(2) firearms training; and
(3) successful passage of the equivalency
certification examination.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's position, or the employing agency must obtain a
waiver from the Board extending the period for compliance.
Such waiver shall be issued only for good and justifiable
reasons, and in no case shall extend more than 90 days beyond
the initial 6 months. Any hiring agency that fails to train a
law enforcement officer within this period shall be prohibited
from employing this individual in a law enforcement capacity
for one year from the date training was to be completed. If an
agency again fails to train the individual a second time, the
agency shall be permanently barred from employing this
individual in a law enforcement capacity.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized
to carry firearms under the authority of the employer, except
as otherwise authorized to carry a firearm under State or
federal law. Sheriffs who are elected as of January 1, 2022
(the effective date of Public Act 101-652) this amendatory Act
of the 101st General Assembly, are exempt from the requirement
of certified status. Failure to be certified in accordance
with this Act shall cause the officer to forfeit the officer's
position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the officer's employing law enforcement
agency for any reason. The Board shall re-activate a
certification upon written application from the law
enforcement officer's law enforcement agency that shows
the law enforcement officer: (i) has accepted a full-time
law enforcement position with that law enforcement agency,
(ii) is not the subject of a decertification proceeding,
and (iii) meets all other criteria for re-activation
required by the Board. The Board may also establish
special training requirements to be completed as a
condition for re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review. A law enforcement
officer shall be allowed to be employed as a full-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by an employing agency for
conduct subject to decertification under this Act or
resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board with a copy to the chief
administrator of the law enforcement officer's current or
new employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer is:
(i) is employed in a full-time law enforcement position
with the same law enforcement agency, (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the
Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation.. A grant of a waiver is
within the discretion of the Board. Within 7 days of
receiving a request for a waiver under this Section
section, the Board shall notify the law enforcement
officer and the chief administrator of the law enforcement
officer's employing agency, whether the request has been
granted, denied, or if the Board will take additional time
for information. A law enforcement agency, whose request
for a waiver under this subsection is denied, is entitled
to request a review of the denial by the Board. The law
enforcement agency must request a review within 20 days of
the waiver being denied. The burden of proof shall be on
the law enforcement agency to show why the law enforcement
officer is entitled to a waiver of the legislatively
required training and eligibility requirements.
(c) No provision of this Section shall be construed to
mean that a county corrections officer employed by a
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary county corrections
officer or as a permanent county corrections officer, shall
require certification under the provisions of this Section. No
provision of this Section shall be construed to apply to
certification of elected county sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing law enforcement agency shall allow
and provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act. All mandated
training shall will be provided for at no cost to the
employees. Employees shall be paid for all time spent
attending mandated training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) This Section does not apply to part-time law
enforcement officers or probationary part-time law enforcement
officers.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time law enforcement officers.
(a) A person hired to serve as a part-time law enforcement
officer must obtain from the Board a certificate (i) attesting
to the officer's successful completion of the part-time police
training course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and number
of hours that has been found acceptable by the Board under the
provisions of this Act; or (iii) a training waiver attesting
to the Board's determination that the part-time police
training course is unnecessary because of the person's
extensive prior law enforcement experience obtained in
Illinois, in any other state, or with an agency of the federal
government. A person hired on or after the effective date of
this amendatory Act of the 92nd General Assembly must obtain
this certificate within 18 months after the initial date of
hire as a probationary part-time law enforcement officer in
the State of Illinois. The probationary part-time law
enforcement officer must be enrolled and accepted into a
Board-approved course within 6 months after active employment
by any department in the State. A person hired on or after
January 1, 1996 and before the effective date of this
amendatory Act of the 92nd General Assembly must obtain this
certificate within 18 months after the date of hire. A person
hired before January 1, 1996 must obtain this certificate
within 24 months after the effective date of this amendatory
Act of 1995. Agencies seeking a reciprocity waiver for
training completed outside of Illinois must conduct a thorough
background check and provide verification of the officer's
prior training. After review and satisfaction of all requested
conditions, the officer shall be awarded an equivalency
certificate satisfying the requirements of this Section.
Within 60 days after the effective date of this amendatory Act
of the 103rd General Assembly, the Board shall adopt uniform
rules providing for a waiver process for a person previously
employed and qualified as a law enforcement or county
corrections officer under federal law or the laws of any other
state, or who has completed a basic law enforcement officer or
correctional officer academy who would be qualified to be
employed as a law enforcement officer or correctional officer
by the federal government or any other state. These rules
shall address the process for evaluating prior training
credit, a description and list of the courses typically
required for reciprocity candidates to complete prior to
taking the exam, and a procedure for employers seeking a
pre-activation determination for a reciprocity training
waiver. The rules shall provide that any eligible person
previously trained as a law enforcement or county corrections
officer under federal law or the laws of any other state shall
successfully complete the following prior to the approval of a
waiver:
(1) a training program or set of coursework approved
by the Board on the laws of this State relevant to the
duties and training requirements of law enforcement and
county correctional officers;
(2) firearms training; and
(3) successful passage of the equivalency
certification examination.
The employing agency may seek an extension waiver from the
Board extending the period for compliance. An extension waiver
shall be issued only for good and justifiable reasons, and the
probationary part-time law enforcement officer may not
practice as a part-time law enforcement officer during the
extension waiver period. If training is required and not
completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit
the officer's position.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an agency, or be authorized to carry
firearms under the authority of the employer, except that
sheriffs who are elected are exempt from the requirement of
certified status. Failure to be in accordance with this Act
shall cause the officer to forfeit the officer's position.
(a-5) A part-time probationary law enforcement officer
shall be allowed to complete six months of a part-time police
training course and function as a law enforcement officer as
permitted by this subsection with a waiver from the Board,
provided the part-time law enforcement officer is still
enrolled in the training course. If the part-time probationary
law enforcement officer withdraws from the course for any
reason or does not complete the course within the applicable
time period, as extended by any waiver that may be granted,
then the officer must forfeit the officer's position. A
probationary law enforcement officer must function under the
following rules:
(1) A law enforcement agency may not grant a person
status as a law enforcement officer unless the person has
been granted an active law enforcement officer
certification by the Board.
(2) A part-time probationary law enforcement officer
shall not be used as a permanent replacement for a
full-time law enforcement.
(3) A part-time probationary law enforcement officer
shall be directly supervised at all times by a Board
certified law enforcement officer. Direct supervision
requires oversight and control with the supervisor having
final decision-making authority as to the actions of the
recruit during duty hours.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the employing agency for any reason. The
Board shall re-activate a certification upon written
application from the law enforcement officer's employing
agency that shows the law enforcement officer: (i) has
accepted a part-time law enforcement position with that a
law enforcement agency, (ii) is not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by the officer's employing
agency for conduct subject to decertification under this
Act or resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board by the law enforcement officer's
employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's law
enforcement agency upon a showing that the law enforcement
officer is: (i) employed in a part-time law enforcement
position with the same law enforcement agency, (ii) not
the subject of a decertification proceeding, and (iii)
meets all other criteria for re-activation required by the
Board. The Board may also establish special training
requirements to be completed as a condition for
re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review. A law enforcement
officer shall be allowed to be employed as a part-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
(4) Notwithstanding paragraph (3) of this Section, a
law enforcement officer whose certification has become
inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation. A grant of a waiver is within
the discretion of the Board. Within 7 days of receiving a
request for a waiver under this section, the Board shall
notify the law enforcement officer and the chief
administrator of the law enforcement officer's employing
agency, whether the request has been granted, denied, or
if the Board will take additional time for information. A
law enforcement agency or law enforcement officer, whose
request for a waiver under this subsection is denied, is
entitled to request a review of the denial by the Board.
The law enforcement agency must request a review within 20
days after the waiver being denied. The burden of proof
shall be on the law enforcement agency to show why the law
enforcement officer is entitled to a waiver of the
legislatively required training and eligibility
requirements.
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing agency shall allow and provide an
opportunity for a law enforcement officer to complete the
requirements in this Act. All mandated training shall be
provided for at no cost to the employees. Employees shall be
paid for all time spent attending mandated training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) For the purposes of this Section, the Board shall
adopt rules defining what constitutes employment on a
part-time basis.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly and Public Act 101-652 take effect July
1, 2022.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)