Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3370 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3370 Introduced 2/7/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: See Index Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change. LRB103 35788 AWJ 65871 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3370 Introduced 2/7/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change. LRB103 35788 AWJ 65871 b LRB103 35788 AWJ 65871 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3370 Introduced 2/7/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change.
6	6	LRB103 35788 AWJ 65871 b LRB103 35788 AWJ 65871 b
7	7	LRB103 35788 AWJ 65871 b
8	8	A BILL FOR
9	9	SB3370LRB103 35788 AWJ 65871 b SB3370 LRB103 35788 AWJ 65871 b
10	10	SB3370 LRB103 35788 AWJ 65871 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Freedom of Information Act is amended by
15	15	5 changing Section 7.5 as follows:
16	16	6 (5 ILCS 140/7.5)
17	17	7 (Text of Section before amendment by P.A. 103-472)
18	18	8 Sec. 7.5. Statutory exemptions. To the extent provided for
19	19	9 by the statutes referenced below, the following shall be
20	20	10 exempt from inspection and copying:
21	21	11 (a) All information determined to be confidential
22	22	12 under Section 4002 of the Technology Advancement and
23	23	13 Development Act.
24	24	14 (b) Library circulation and order records identifying
25	25	15 library users with specific materials under the Library
26	26	16 Records Confidentiality Act.
27	27	17 (c) Applications, related documents, and medical
28	28	18 records received by the Experimental Organ Transplantation
29	29	19 Procedures Board and any and all documents or other
30	30	20 records prepared by the Experimental Organ Transplantation
31	31	21 Procedures Board or its staff relating to applications it
32	32	22 has received.
33	33	23 (d) Information and records held by the Department of
34	34
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36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3370 Introduced 2/7/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change.
41	41	LRB103 35788 AWJ 65871 b LRB103 35788 AWJ 65871 b
42	42	LRB103 35788 AWJ 65871 b
43	43	A BILL FOR
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49	49	See Index
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68	68	1 Public Health and its authorized representatives relating
69	69	2 to known or suspected cases of sexually transmissible
70	70	3 disease or any information the disclosure of which is
71	71	4 restricted under the Illinois Sexually Transmissible
72	72	5 Disease Control Act.
73	73	6 (e) Information the disclosure of which is exempted
74	74	7 under Section 30 of the Radon Industry Licensing Act.
75	75	8 (f) Firm performance evaluations under Section 55 of
76	76	9 the Architectural, Engineering, and Land Surveying
77	77	10 Qualifications Based Selection Act.
78	78	11 (g) Information the disclosure of which is restricted
79	79	12 and exempted under Section 50 of the Illinois Prepaid
80	80	13 Tuition Act.
81	81	14 (h) Information the disclosure of which is exempted
82	82	15 under the State Officials and Employees Ethics Act, and
83	83	16 records of any lawfully created State or local inspector
84	84	17 general's office that would be exempt if created or
85	85	18 obtained by an Executive Inspector General's office under
86	86	19 that Act.
87	87	20 (i) Information contained in a local emergency energy
88	88	21 plan submitted to a municipality in accordance with a
89	89	22 local emergency energy plan ordinance that is adopted
90	90	23 under Section 11-21.5-5 of the Illinois Municipal Code.
91	91	24 (j) Information and data concerning the distribution
92	92	25 of surcharge moneys collected and remitted by carriers
93	93	26 under the Emergency Telephone System Act.
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95	95
96	96
97	97
98	98
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104	104	1 (k) Law enforcement officer identification information
105	105	2 or driver identification information compiled by a law
106	106	3 enforcement agency or the Department of Transportation
107	107	4 under Section 11-212 of the Illinois Vehicle Code.
108	108	5 (l) Records and information provided to a residential
109	109	6 health care facility resident sexual assault and death
110	110	7 review team or the Executive Council under the Abuse
111	111	8 Prevention Review Team Act.
112	112	9 (m) Information provided to the predatory lending
113	113	10 database created pursuant to Article 3 of the Residential
114	114	11 Real Property Disclosure Act, except to the extent
115	115	12 authorized under that Article.
116	116	13 (n) Defense budgets and petitions for certification of
117	117	14 compensation and expenses for court appointed trial
118	118	15 counsel as provided under Sections 10 and 15 of the
119	119	16 Capital Crimes Litigation Act (repealed). This subsection
120	120	17 (n) shall apply until the conclusion of the trial of the
121	121	18 case, even if the prosecution chooses not to pursue the
122	122	19 death penalty prior to trial or sentencing.
123	123	20 (o) Information that is prohibited from being
124	124	21 disclosed under Section 4 of the Illinois Health and
125	125	22 Hazardous Substances Registry Act.
126	126	23 (p) Security portions of system safety program plans,
127	127	24 investigation reports, surveys, schedules, lists, data, or
128	128	25 information compiled, collected, or prepared by or for the
129	129	26 Department of Transportation under Sections 2705-300 and
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134	134
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140	140	1 2705-616 of the Department of Transportation Law of the
141	141	2 Civil Administrative Code of Illinois, the Regional
142	142	3 Transportation Authority under Section 2.11 of the
143	143	4 Regional Transportation Authority Act, or the St. Clair
144	144	5 County Transit District under the Bi-State Transit Safety
145	145	6 Act (repealed).
146	146	7 (q) Information prohibited from being disclosed by the
147	147	8 Personnel Record Review Act.
148	148	9 (r) Information prohibited from being disclosed by the
149	149	10 Illinois School Student Records Act.
150	150	11 (s) Information the disclosure of which is restricted
151	151	12 under Section 5-108 of the Public Utilities Act.
152	152	13 (t) (Blank).
153	153	14 (u) Records and information provided to an independent
154	154	15 team of experts under the Developmental Disability and
155	155	16 Mental Health Safety Act (also known as Brian's Law).
156	156	17 (v) Names and information of people who have applied
157	157	18 for or received Firearm Owner's Identification Cards under
158	158	19 the Firearm Owners Identification Card Act or applied for
159	159	20 or received a concealed carry license under the Firearm
160	160	21 Concealed Carry Act, unless otherwise authorized by the
161	161	22 Firearm Concealed Carry Act; and databases under the
162	162	23 Firearm Concealed Carry Act, records of the Concealed
163	163	24 Carry Licensing Review Board under the Firearm Concealed
164	164	25 Carry Act, and law enforcement agency objections under the
165	165	26 Firearm Concealed Carry Act.
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176	176	1 (v-5) Records of the Firearm Owner's Identification
177	177	2 Card Review Board that are exempted from disclosure under
178	178	3 Section 10 of the Firearm Owners Identification Card Act.
179	179	4 (w) Personally identifiable information which is
180	180	5 exempted from disclosure under subsection (g) of Section
181	181	6 19.1 of the Toll Highway Act.
182	182	7 (x) Information which is exempted from disclosure
183	183	8 under Section 5-1014.3 of the Counties Code or Section
184	184	9 8-11-21 of the Illinois Municipal Code.
185	185	10 (y) Confidential information under the Adult
186	186	11 Protective Services Act and its predecessor enabling
187	187	12 statute, the Elder Abuse and Neglect Act, including
188	188	13 information about the identity and administrative finding
189	189	14 against any caregiver of a verified and substantiated
190	190	15 decision of abuse, neglect, or financial exploitation of
191	191	16 an eligible adult maintained in the Registry established
192	192	17 under Section 7.5 of the Adult Protective Services Act.
193	193	18 (z) Records and information provided to a fatality
194	194	19 review team or the Illinois Fatality Review Team Advisory
195	195	20 Council under Section 15 of the Adult Protective Services
196	196	21 Act.
197	197	22 (aa) Information which is exempted from disclosure
198	198	23 under Section 2.37 of the Wildlife Code.
199	199	24 (bb) Information which is or was prohibited from
200	200	25 disclosure by the Juvenile Court Act of 1987.
201	201	26 (cc) Recordings made under the Law Enforcement
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206	206
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212	212	1 Officer-Worn Body Camera Act, except to the extent
213	213	2 authorized under that Act.
214	214	3 (dd) Information that is prohibited from being
215	215	4 disclosed under Section 45 of the Condominium and Common
216	216	5 Interest Community Ombudsperson Act.
217	217	6 (ee) Information that is exempted from disclosure
218	218	7 under Section 30.1 of the Pharmacy Practice Act.
219	219	8 (ff) Information that is exempted from disclosure
220	220	9 under the Revised Uniform Unclaimed Property Act.
221	221	10 (gg) Information that is prohibited from being
222	222	11 disclosed under Section 7-603.5 of the Illinois Vehicle
223	223	12 Code.
224	224	13 (hh) Records that are exempt from disclosure under
225	225	14 Section 1A-16.7 of the Election Code.
226	226	15 (ii) Information which is exempted from disclosure
227	227	16 under Section 2505-800 of the Department of Revenue Law of
228	228	17 the Civil Administrative Code of Illinois.
229	229	18 (jj) Information and reports that are required to be
230	230	19 submitted to the Department of Labor by registering day
231	231	20 and temporary labor service agencies but are exempt from
232	232	21 disclosure under subsection (a-1) of Section 45 of the Day
233	233	22 and Temporary Labor Services Act.
234	234	23 (kk) Information prohibited from disclosure under the
235	235	24 Seizure and Forfeiture Reporting Act.
236	236	25 (ll) Information the disclosure of which is restricted
237	237	26 and exempted under Section 5-30.8 of the Illinois Public
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248	248	1 Aid Code.
249	249	2 (mm) Records that are exempt from disclosure under
250	250	3 Section 4.2 of the Crime Victims Compensation Act.
251	251	4 (nn) Information that is exempt from disclosure under
252	252	5 Section 70 of the Higher Education Student Assistance Act.
253	253	6 (oo) Communications, notes, records, and reports
254	254	7 arising out of a peer support counseling session
255	255	8 prohibited from disclosure under the First Responders
256	256	9 Suicide Prevention Act.
257	257	10 (pp) Names and all identifying information relating to
258	258	11 an employee of an emergency services provider or law
259	259	12 enforcement agency under the First Responders Suicide
260	260	13 Prevention Act.
261	261	14 (qq) Information and records held by the Department of
262	262	15 Public Health and its authorized representatives collected
263	263	16 under the Reproductive Health Act.
264	264	17 (rr) Information that is exempt from disclosure under
265	265	18 the Cannabis Regulation and Tax Act.
266	266	19 (ss) Data reported by an employer to the Department of
267	267	20 Human Rights pursuant to Section 2-108 of the Illinois
268	268	21 Human Rights Act.
269	269	22 (tt) Recordings made under the Children's Advocacy
270	270	23 Center Act, except to the extent authorized under that
271	271	24 Act.
272	272	25 (uu) Information that is exempt from disclosure under
273	273	26 Section 50 of the Sexual Assault Evidence Submission Act.
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284	284	1 (vv) Information that is exempt from disclosure under
285	285	2 subsections (f) and (j) of Section 5-36 of the Illinois
286	286	3 Public Aid Code.
287	287	4 (ww) Information that is exempt from disclosure under
288	288	5 Section 16.8 of the State Treasurer Act.
289	289	6 (xx) Information that is exempt from disclosure or
290	290	7 information that shall not be made public under the
291	291	8 Illinois Insurance Code.
292	292	9 (yy) Information prohibited from being disclosed under
293	293	10 the Illinois Educational Labor Relations Act.
294	294	11 (zz) Information prohibited from being disclosed under
295	295	12 the Illinois Public Labor Relations Act.
296	296	13 (aaa) Information prohibited from being disclosed
297	297	14 under Section 1-167 of the Illinois Pension Code.
298	298	15 (bbb) Information that is prohibited from disclosure
299	299	16 by the Illinois Police Training Act and the Illinois State
300	300	17 Police Act.
301	301	18 (ccc) Records exempt from disclosure under Section
302	302	19 2605-304 of the Illinois State Police Law of the Civil
303	303	20 Administrative Code of Illinois.
304	304	21 (ddd) Information prohibited from being disclosed
305	305	22 under Section 35 of the Address Confidentiality for
306	306	23 Victims of Domestic Violence, Sexual Assault, Human
307	307	24 Trafficking, or Stalking Act.
308	308	25 (eee) Information prohibited from being disclosed
309	309	26 under subsection (b) of Section 75 of the Domestic
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320	320	1 Violence Fatality Review Act.
321	321	2 (fff) Images from cameras under the Expressway Camera
322	322	3 Act. This subsection (fff) is inoperative on and after
323	323	4 July 1, 2025.
324	324	5 (ggg) Information prohibited from disclosure under
325	325	6 paragraph (3) of subsection (a) of Section 14 of the Nurse
326	326	7 Agency Licensing Act.
327	327	8 (hhh) Information submitted to the Illinois State
328	328	9 Police in an affidavit or application for an assault
329	329	10 weapon endorsement, assault weapon attachment endorsement,
330	330	11 .50 caliber rifle endorsement, or .50 caliber cartridge
331	331	12 endorsement under the Firearm Owners Identification Card
332	332	13 Act.
333	333	14 (iii) Data exempt from disclosure under Section 50 of
334	334	15 the School Safety Drill Act.
335	335	16 (jjj) (hhh) Information exempt from disclosure under
336	336	17 Section 30 of the Insurance Data Security Law.
337	337	18 (kkk) (iii) Confidential business information
338	338	19 prohibited from disclosure under Section 45 of the Paint
339	339	20 Stewardship Act.
340	340	21 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
341	341	22 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
342	342	23 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
343	343	24 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
344	344	25 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
345	345	26 eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
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356	356	1 (Text of Section after amendment by P.A. 103-472)
357	357	2 Sec. 7.5. Statutory exemptions. To the extent provided for
358	358	3 by the statutes referenced below, the following shall be
359	359	4 exempt from inspection and copying:
360	360	5 (a) All information determined to be confidential
361	361	6 under Section 4002 of the Technology Advancement and
362	362	7 Development Act.
363	363	8 (b) Library circulation and order records identifying
364	364	9 library users with specific materials under the Library
365	365	10 Records Confidentiality Act.
366	366	11 (c) Applications, related documents, and medical
367	367	12 records received by the Experimental Organ Transplantation
368	368	13 Procedures Board and any and all documents or other
369	369	14 records prepared by the Experimental Organ Transplantation
370	370	15 Procedures Board or its staff relating to applications it
371	371	16 has received.
372	372	17 (d) Information and records held by the Department of
373	373	18 Public Health and its authorized representatives relating
374	374	19 to known or suspected cases of sexually transmissible
375	375	20 disease or any information the disclosure of which is
376	376	21 restricted under the Illinois Sexually Transmissible
377	377	22 Disease Control Act.
378	378	23 (e) Information the disclosure of which is exempted
379	379	24 under Section 30 of the Radon Industry Licensing Act.
380	380	25 (f) Firm performance evaluations under Section 55 of
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391	391	1 the Architectural, Engineering, and Land Surveying
392	392	2 Qualifications Based Selection Act.
393	393	3 (g) Information the disclosure of which is restricted
394	394	4 and exempted under Section 50 of the Illinois Prepaid
395	395	5 Tuition Act.
396	396	6 (h) Information the disclosure of which is exempted
397	397	7 under the State Officials and Employees Ethics Act, and
398	398	8 records of any lawfully created State or local inspector
399	399	9 general's office that would be exempt if created or
400	400	10 obtained by an Executive Inspector General's office under
401	401	11 that Act.
402	402	12 (i) Information contained in a local emergency energy
403	403	13 plan submitted to a municipality in accordance with a
404	404	14 local emergency energy plan ordinance that is adopted
405	405	15 under Section 11-21.5-5 of the Illinois Municipal Code.
406	406	16 (j) Information and data concerning the distribution
407	407	17 of surcharge moneys collected and remitted by carriers
408	408	18 under the Emergency Telephone System Act.
409	409	19 (k) Law enforcement officer identification information
410	410	20 or driver identification information compiled by a law
411	411	21 enforcement agency or the Department of Transportation
412	412	22 under Section 11-212 of the Illinois Vehicle Code.
413	413	23 (l) Records and information provided to a residential
414	414	24 health care facility resident sexual assault and death
415	415	25 review team or the Executive Council under the Abuse
416	416	26 Prevention Review Team Act.
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427	427	1 (m) Information provided to the predatory lending
428	428	2 database created pursuant to Article 3 of the Residential
429	429	3 Real Property Disclosure Act, except to the extent
430	430	4 authorized under that Article.
431	431	5 (n) Defense budgets and petitions for certification of
432	432	6 compensation and expenses for court appointed trial
433	433	7 counsel as provided under Sections 10 and 15 of the
434	434	8 Capital Crimes Litigation Act (repealed). This subsection
435	435	9 (n) shall apply until the conclusion of the trial of the
436	436	10 case, even if the prosecution chooses not to pursue the
437	437	11 death penalty prior to trial or sentencing.
438	438	12 (o) Information that is prohibited from being
439	439	13 disclosed under Section 4 of the Illinois Health and
440	440	14 Hazardous Substances Registry Act.
441	441	15 (p) Security portions of system safety program plans,
442	442	16 investigation reports, surveys, schedules, lists, data, or
443	443	17 information compiled, collected, or prepared by or for the
444	444	18 Department of Transportation under Sections 2705-300 and
445	445	19 2705-616 of the Department of Transportation Law of the
446	446	20 Civil Administrative Code of Illinois, the Regional
447	447	21 Transportation Authority under Section 2.11 of the
448	448	22 Regional Transportation Authority Act, or the St. Clair
449	449	23 County Transit District under the Bi-State Transit Safety
450	450	24 Act (repealed).
451	451	25 (q) Information prohibited from being disclosed by the
452	452	26 Personnel Record Review Act.
453	453
454	454
455	455
456	456
457	457
458	458	SB3370 - 12 - LRB103 35788 AWJ 65871 b
459	459
460	460
461	461	SB3370- 13 -LRB103 35788 AWJ 65871 b SB3370 - 13 - LRB103 35788 AWJ 65871 b
462	462	SB3370 - 13 - LRB103 35788 AWJ 65871 b
463	463	1 (r) Information prohibited from being disclosed by the
464	464	2 Illinois School Student Records Act.
465	465	3 (s) Information the disclosure of which is restricted
466	466	4 under Section 5-108 of the Public Utilities Act.
467	467	5 (t) (Blank).
468	468	6 (u) Records and information provided to an independent
469	469	7 team of experts under the Developmental Disability and
470	470	8 Mental Health Safety Act (also known as Brian's Law).
471	471	9 (v) Names and information of people who have applied
472	472	10 for or received Firearm Owner's Identification Cards under
473	473	11 the Firearm Owners Identification Card Act or applied for
474	474	12 or received a concealed carry license under the Firearm
475	475	13 Concealed Carry Act, unless otherwise authorized by the
476	476	14 Firearm Concealed Carry Act; and databases under the
477	477	15 Firearm Concealed Carry Act, records of the Concealed
478	478	16 Carry Licensing Review Board under the Firearm Concealed
479	479	17 Carry Act, and law enforcement agency objections under the
480	480	18 Firearm Concealed Carry Act.
481	481	19 (v-5) Records of the Firearm Owner's Identification
482	482	20 Card Review Board that are exempted from disclosure under
483	483	21 Section 10 of the Firearm Owners Identification Card Act.
484	484	22 (w) Personally identifiable information which is
485	485	23 exempted from disclosure under subsection (g) of Section
486	486	24 19.1 of the Toll Highway Act.
487	487	25 (x) Information which is exempted from disclosure
488	488	26 under Section 5-1014.3 of the Counties Code or Section
489	489
490	490
491	491
492	492
493	493
494	494	SB3370 - 13 - LRB103 35788 AWJ 65871 b
495	495
496	496
497	497	SB3370- 14 -LRB103 35788 AWJ 65871 b SB3370 - 14 - LRB103 35788 AWJ 65871 b
498	498	SB3370 - 14 - LRB103 35788 AWJ 65871 b
499	499	1 8-11-21 of the Illinois Municipal Code.
500	500	2 (y) Confidential information under the Adult
501	501	3 Protective Services Act and its predecessor enabling
502	502	4 statute, the Elder Abuse and Neglect Act, including
503	503	5 information about the identity and administrative finding
504	504	6 against any caregiver of a verified and substantiated
505	505	7 decision of abuse, neglect, or financial exploitation of
506	506	8 an eligible adult maintained in the Registry established
507	507	9 under Section 7.5 of the Adult Protective Services Act.
508	508	10 (z) Records and information provided to a fatality
509	509	11 review team or the Illinois Fatality Review Team Advisory
510	510	12 Council under Section 15 of the Adult Protective Services
511	511	13 Act.
512	512	14 (aa) Information which is exempted from disclosure
513	513	15 under Section 2.37 of the Wildlife Code.
514	514	16 (bb) Information which is or was prohibited from
515	515	17 disclosure by the Juvenile Court Act of 1987.
516	516	18 (cc) Recordings made under the Law Enforcement
517	517	19 Officer-Worn Body Camera Act, except to the extent
518	518	20 authorized under that Act.
519	519	21 (dd) Information that is prohibited from being
520	520	22 disclosed under Section 45 of the Condominium and Common
521	521	23 Interest Community Ombudsperson Act.
522	522	24 (ee) Information that is exempted from disclosure
523	523	25 under Section 30.1 of the Pharmacy Practice Act.
524	524	26 (ff) Information that is exempted from disclosure
525	525
526	526
527	527
528	528
529	529
530	530	SB3370 - 14 - LRB103 35788 AWJ 65871 b
531	531
532	532
533	533	SB3370- 15 -LRB103 35788 AWJ 65871 b SB3370 - 15 - LRB103 35788 AWJ 65871 b
534	534	SB3370 - 15 - LRB103 35788 AWJ 65871 b
535	535	1 under the Revised Uniform Unclaimed Property Act.
536	536	2 (gg) Information that is prohibited from being
537	537	3 disclosed under Section 7-603.5 of the Illinois Vehicle
538	538	4 Code.
539	539	5 (hh) Records that are exempt from disclosure under
540	540	6 Section 1A-16.7 of the Election Code.
541	541	7 (ii) Information which is exempted from disclosure
542	542	8 under Section 2505-800 of the Department of Revenue Law of
543	543	9 the Civil Administrative Code of Illinois.
544	544	10 (jj) Information and reports that are required to be
545	545	11 submitted to the Department of Labor by registering day
546	546	12 and temporary labor service agencies but are exempt from
547	547	13 disclosure under subsection (a-1) of Section 45 of the Day
548	548	14 and Temporary Labor Services Act.
549	549	15 (kk) Information prohibited from disclosure under the
550	550	16 Seizure and Forfeiture Reporting Act.
551	551	17 (ll) Information the disclosure of which is restricted
552	552	18 and exempted under Section 5-30.8 of the Illinois Public
553	553	19 Aid Code.
554	554	20 (mm) Records that are exempt from disclosure under
555	555	21 Section 4.2 of the Crime Victims Compensation Act.
556	556	22 (nn) Information that is exempt from disclosure under
557	557	23 Section 70 of the Higher Education Student Assistance Act.
558	558	24 (oo) Communications, notes, records, and reports
559	559	25 arising out of a peer support counseling session
560	560	26 prohibited from disclosure under the First Responders
561	561
562	562
563	563
564	564
565	565
566	566	SB3370 - 15 - LRB103 35788 AWJ 65871 b
567	567
568	568
569	569	SB3370- 16 -LRB103 35788 AWJ 65871 b SB3370 - 16 - LRB103 35788 AWJ 65871 b
570	570	SB3370 - 16 - LRB103 35788 AWJ 65871 b
571	571	1 Suicide Prevention Act.
572	572	2 (pp) Names and all identifying information relating to
573	573	3 an employee of an emergency services provider or law
574	574	4 enforcement agency under the First Responders Suicide
575	575	5 Prevention Act.
576	576	6 (qq) Information and records held by the Department of
577	577	7 Public Health and its authorized representatives collected
578	578	8 under the Reproductive Health Act.
579	579	9 (rr) Information that is exempt from disclosure under
580	580	10 the Cannabis Regulation and Tax Act.
581	581	11 (ss) Data reported by an employer to the Department of
582	582	12 Human Rights pursuant to Section 2-108 of the Illinois
583	583	13 Human Rights Act.
584	584	14 (tt) Recordings made under the Children's Advocacy
585	585	15 Center Act, except to the extent authorized under that
586	586	16 Act.
587	587	17 (uu) Information that is exempt from disclosure under
588	588	18 Section 50 of the Sexual Assault Evidence Submission Act.
589	589	19 (vv) Information that is exempt from disclosure under
590	590	20 subsections (f) and (j) of Section 5-36 of the Illinois
591	591	21 Public Aid Code.
592	592	22 (ww) Information that is exempt from disclosure under
593	593	23 Section 16.8 of the State Treasurer Act.
594	594	24 (xx) Information that is exempt from disclosure or
595	595	25 information that shall not be made public under the
596	596	26 Illinois Insurance Code.
597	597
598	598
599	599
600	600
601	601
602	602	SB3370 - 16 - LRB103 35788 AWJ 65871 b
603	603
604	604
605	605	SB3370- 17 -LRB103 35788 AWJ 65871 b SB3370 - 17 - LRB103 35788 AWJ 65871 b
606	606	SB3370 - 17 - LRB103 35788 AWJ 65871 b
607	607	1 (yy) Information prohibited from being disclosed under
608	608	2 the Illinois Educational Labor Relations Act.
609	609	3 (zz) Information prohibited from being disclosed under
610	610	4 the Illinois Public Labor Relations Act.
611	611	5 (aaa) Information prohibited from being disclosed
612	612	6 under Section 1-167 of the Illinois Pension Code.
613	613	7 (bbb) Information that is prohibited from disclosure
614	614	8 by the Illinois Police Training Act and the Illinois State
615	615	9 Police Act.
616	616	10 (ccc) Records exempt from disclosure under Section
617	617	11 2605-304 of the Illinois State Police Law of the Civil
618	618	12 Administrative Code of Illinois.
619	619	13 (ddd) Information prohibited from being disclosed
620	620	14 under Section 35 of the Address Confidentiality for
621	621	15 Victims of Domestic Violence, Sexual Assault, Human
622	622	16 Trafficking, or Stalking Act.
623	623	17 (eee) Information prohibited from being disclosed
624	624	18 under subsection (b) of Section 75 of the Domestic
625	625	19 Violence Fatality Review Act.
626	626	20 (fff) Images from cameras under the Expressway Camera
627	627	21 Act. This subsection (fff) is inoperative on and after
628	628	22 July 1, 2025.
629	629	23 (ggg) Information prohibited from disclosure under
630	630	24 paragraph (3) of subsection (a) of Section 14 of the Nurse
631	631	25 Agency Licensing Act.
632	632	26 (hhh) Information submitted to the Illinois State
633	633
634	634
635	635
636	636
637	637
638	638	SB3370 - 17 - LRB103 35788 AWJ 65871 b
639	639
640	640
641	641	SB3370- 18 -LRB103 35788 AWJ 65871 b SB3370 - 18 - LRB103 35788 AWJ 65871 b
642	642	SB3370 - 18 - LRB103 35788 AWJ 65871 b
643	643	1 Police in an affidavit or application for an assault
644	644	2 weapon endorsement, assault weapon attachment endorsement,
645	645	3 .50 caliber rifle endorsement, or .50 caliber cartridge
646	646	4 endorsement under the Firearm Owners Identification Card
647	647	5 Act.
648	648	6 (iii) Data exempt from disclosure under Section 50 of
649	649	7 the School Safety Drill Act.
650	650	8 (jjj) (hhh) Information exempt from disclosure under
651	651	9 Section 30 of the Insurance Data Security Law.
652	652	10 (kkk) (iii) Confidential business information
653	653	11 prohibited from disclosure under Section 45 of the Paint
654	654	12 Stewardship Act.
655	655	13 (lll) (iii) Data exempt from disclosure under Section
656	656	14 2-3.196 of the School Code.
657	657	15 (mmm) Information exempt from disclosure under
658	658	16 subsection (g-1) of Section 6.1 of the Illinois Police
659	659	17 Training Act.
660	660	18 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
661	661	19 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
662	662	20 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
663	663	21 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
664	664	22 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
665	665	23 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
666	666	24 revised 9-5-23.)
667	667	25 Section 10. The Illinois State Police Act is amended by
668	668
669	669
670	670
671	671
672	672
673	673	SB3370 - 18 - LRB103 35788 AWJ 65871 b
674	674
675	675
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677	677	SB3370 - 19 - LRB103 35788 AWJ 65871 b
678	678	1 adding Section 12.8 as follows:
679	679	2 (20 ILCS 2610/12.8 new)
680	680	3 Sec. 12.8. Illinois Law Enforcement Standards Appeal
681	681	4 Board.
682	682	5 (a) As used in this Section:
683	683	6 "Affected party" means a certified officer, an employer of
684	684	7 a certified officer who is a sheriff or a chief of police, or a
685	685	8 labor representative of a certified officer.
686	686	9 "Appeal Board" means the Illinois Law Enforcement
687	687	10 Standards Appeal Board.
688	688	11 "Training Standards Board" means the Illinois Law
689	689	12 Enforcement Training Standards Board.
690	690	13 (b) The Illinois Law Enforcement Standards Appeal Board is
691	691	14 created in the Illinois State Police. The Appeal Board shall
692	692	15 meet its costs and pay all receipts from the balance of the
693	693	16 Illinois Law Enforcement Standards Appeal Fund, a special fund
694	694	17 that is created in the State treasury, and, subject to
695	695	18 appropriation, may be expended by the Appeal Board as
696	696	19 necessary in exercising the Appeal Board's powers and duties
697	697	20 under this Section.
698	698	21 (c) The powers and duties of the Appeal Board are as
699	699	22 follows:
700	700	23 (1) The Appeal Board shall consider a request for
701	701	24 appeal of any decision of the Training Standards Board or
702	702	25 the Training Standards Board's staff that is brought to
703	703
704	704
705	705
706	706
707	707
708	708	SB3370 - 19 - LRB103 35788 AWJ 65871 b
709	709
710	710
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712	712	SB3370 - 20 - LRB103 35788 AWJ 65871 b
713	713	1 the Appeal Board by an affected party.
714	714	2 (2) An affected party may request an appeal of a
715	715	3 decision of the Training Standards Board or its staff that
716	716	4 negatively affects the ability to carry out the duties of
717	717	5 law enforcement either by an individual or by a group of
718	718	6 individuals. The affected party shall make the request in
719	719	7 a manner and on forms established by and provided by the
720	720	8 Appeal Board.
721	721	9 (3) The Appeal Board shall establish and make public a
722	722	10 process by which the Appeal Board will determine which
723	723	11 appeals will go before the full Appeal Board.
724	724	12 (4) The Appeal Board may establish committees or
725	725	13 subcommittees.
726	726	14 (5) The Appeal Board shall hire an executive director.
727	727	15 The executive director is responsible for carrying out the
728	728	16 responsibilities of the Appeal Board, including the daily
729	729	17 operation of the Appeal Board. The executive director
730	730	18 shall have all lawful duties assigned by the Appeal Board,
731	731	19 which shall include hiring staff, entering contracts for
732	732	20 goods or services, and paying for all costs associated
733	733	21 with operation of the Appeal Board.
734	734	22 (6) Upon receiving an appeal request and granting an
735	735	23 appeal hearing, the Appeal Board may uphold the decision
736	736	24 of the Training Standards Board or its staff or it may
737	737	25 reverse the decision of the Training Standards Board or
738	738	26 its staff in whole or in part. If the Appeal Board reverses
739	739
740	740
741	741
742	742
743	743
744	744	SB3370 - 20 - LRB103 35788 AWJ 65871 b
745	745
746	746
747	747	SB3370- 21 -LRB103 35788 AWJ 65871 b SB3370 - 21 - LRB103 35788 AWJ 65871 b
748	748	SB3370 - 21 - LRB103 35788 AWJ 65871 b
749	749	1 the decision of the Training Standards Board, it shall
750	750	2 instruct the Training Standards Board on how to proceed in
751	751	3 its underlying actions that precipitated the reversal.
752	752	4 A decision of the Appeal Board is binding on the
753	753	5 Training Standards Board until the Appeal Board's decision
754	754	6 is reversed by a court. An appeal of a decision of the
755	755	7 Appeal Board may be brought in either Sangamon County
756	756	8 Circuit Court or the Cook County Circuit Court.
757	757	9 (d) The Appeal Board members shall be appointed as follows
758	758	10 and shall have terms of 4 years. For a member who ceases to
759	759	11 meet the minimum qualifications of the member's appointment,
760	760	12 the member shall complete the remainder of the member's term.
761	761	13 A vacancy shall be filled by an appointment meeting the
762	762	14 requirements of the position which is vacant for the remainder
763	763	15 of the term. The Appeal Board shall elect its officers from the
764	764	16 membership of the Appeal Board, which shall include, at a
765	765	17 minimum, a chairperson and a vice-chairperson. The general
766	766	18 membership of the Appeal Board includes the following
767	767	19 appointed members:
768	768	20 (1) one certified officer employed by a Sheriff
769	769	21 appointed by the Senate President;
770	770	22 (2) one sheriff appointed by the Senate President;
771	771	23 (3) one certified police officer employed by a
772	772	24 municipality with a population more than 1,000,000
773	773	25 appointed by the House Speaker;
774	774	26 (4) one chief of police appointed by the House
775	775
776	776
777	777
778	778
779	779
780	780	SB3370 - 21 - LRB103 35788 AWJ 65871 b
781	781
782	782
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784	784	SB3370 - 22 - LRB103 35788 AWJ 65871 b
785	785	1 Speaker;
786	786	2 (5) one chief of police appointed by the Senate
787	787	3 Minority Leader;
788	788	4 (6) one county corrections officer appointed by the
789	789	5 Senate Minority Leader;
790	790	6 (7) one certified police officer who is employed by a
791	791	7 municipality with a population less than 1,000,000
792	792	8 appointed by the House Minority Leader;
793	793	9 (8) one sheriff appointed by the House Minority
794	794	10 Leader;
795	795	11 (9) one individual appointed by the Attorney General;
796	796	12 (10) one State's Attorney appointed by the Governor;
797	797	13 and
798	798	14 (11) one individual appointed by the Governor who
799	799	15 shall serve as the chairman until such time that the Board
800	800	16 conducts an election for officers.
801	801	17 Section 15. The Illinois Police Training Act is amended by
802	802	18 changing Sections 3, 6.1, 6.2, 6.3, 8.1, 8.2, and 9 and by
803	803	19 adding Sections 6.8, 6.9, and 6.10 as follows:
804	804	20 (50 ILCS 705/3) (from Ch. 85, par. 503)
805	805	21 Sec. 3. Board; composition; appointments; tenure;
806	806	22 vacancies.
807	807	23 (a) The Board shall be composed of 18 members selected as
808	808	24 follows: The Attorney General of the State of Illinois, the
809	809
810	810
811	811
812	812
813	813
814	814	SB3370 - 22 - LRB103 35788 AWJ 65871 b
815	815
816	816
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818	818	SB3370 - 23 - LRB103 35788 AWJ 65871 b
819	819	1 Director of the Illinois State Police, the Director of
820	820	2 Corrections, the Superintendent of the Chicago Police
821	821	3 Department, the Sheriff of Cook County, the Clerk of the
822	822	4 Circuit Court of Cook County, who shall serve as ex officio
823	823	5 members, and the following to be appointed by the Governor: 2
824	824	6 members of a collective bargaining unit representing law
825	825	7 enforcement who are certified officers serving a city with a
826	826	8 population of more than 1,000,000 mayors or village presidents
827	827	9 of Illinois municipalities, 2 Illinois county sheriffs from
828	828	10 counties other than Cook County, 2 members of a collective
829	829	11 bargaining unit representing law enforcement who are certified
830	830	12 officers, one serving a county with a population of less than
831	831	13 5,000,000 and one serving a city with a population of less than
832	832	14 1,000,000 managers of Illinois municipalities, 2 chiefs of
833	833	15 municipal police departments in Illinois having no
834	834	16 Superintendent of the Police Department on the Board, 2
835	835	17 citizens of Illinois who shall be certified law enforcement
836	836	18 officers and members of a collective bargaining unit members
837	837	19 of an organized enforcement officers' association, one active
838	838	20 member of a statewide association representing sheriffs, and
839	839	21 one active member of a statewide association representing
840	840	22 municipal police chiefs. The appointments of the Governor
841	841	23 shall be made on the first Monday of August in 1965 with 3 of
842	842	24 the appointments to be for a period of one year, 3 for 2 years,
843	843	25 and 3 for 3 years. Their successors shall be appointed in like
844	844	26 manner for terms to expire the first Monday of August each 3
845	845
846	846
847	847
848	848
849	849
850	850	SB3370 - 23 - LRB103 35788 AWJ 65871 b
851	851
852	852
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854	854	SB3370 - 24 - LRB103 35788 AWJ 65871 b
855	855	1 years thereafter. All members shall serve until their
856	856	2 respective successors are appointed and qualify. Vacancies
857	857	3 shall be filled by the Governor for the unexpired terms. Any ex
858	858	4 officio member may appoint a designee to the Board who shall
859	859	5 have the same powers and immunities otherwise conferred to the
860	860	6 member of the Board, including the power to vote and be counted
861	861	7 toward quorum, so long as the member is not in attendance. Each
862	862	8 appointment must be made within 90 days of a vacancy
863	863	9 occurring.
864	864	10 (a-5) Within the Board is created a Review Committee. The
865	865	11 Review Committee shall review disciplinary cases in which the
866	866	12 Panel, the law enforcement officer, or the law enforcement
867	867	13 agency file for reconsideration of a decertification decision
868	868	14 made by the Board. The Review Committee shall be composed of 9
869	869	15 annually rotating members from the Board appointed by the
870	870	16 Board Chairman. One member of the Review Committee shall be
871	871	17 designated by the Board Chairman as the Chair. The Review
872	872	18 Committee shall sit in 3 member panels composed of one member
873	873	19 representing law enforcement management, one member
874	874	20 representing members of law enforcement, and one member who is
875	875	21 not a current or former member of law enforcement.
876	876	22 (b) When a Board member may have an actual, perceived, or
877	877	23 potential conflict of interest or appearance of bias that
878	878	24 could prevent the Board member from making a fair and
879	879	25 impartial decision regarding decertification:
880	880	26 (1) The Board member shall recuse himself or herself.
881	881
882	882
883	883
884	884
885	885
886	886	SB3370 - 24 - LRB103 35788 AWJ 65871 b
887	887
888	888
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890	890	SB3370 - 25 - LRB103 35788 AWJ 65871 b
891	891	1 (2) If the Board member fails to recuse himself or
892	892	2 herself, then the Board may, by a simple majority of the
893	893	3 remaining members, vote to recuse the Board member. Board
894	894	4 members who are found to have voted on a matter in which
895	895	5 they should have recused themselves may be removed from
896	896	6 the Board by the Governor.
897	897	7 A conflict of interest or appearance of bias may include,
898	898	8 but is not limited to, matters where one of the following is a
899	899	9 party to a decision on a decertification or formal complaint:
900	900	10 someone with whom the member has an employment relationship;
901	901	11 any of the following relatives: spouse, parents, children,
902	902	12 adopted children, legal wards, stepchildren, step parents,
903	903	13 step siblings, half siblings, siblings, parents-in-law,
904	904	14 siblings-in-law, children-in-law, aunts, uncles, nieces, and
905	905	15 nephews; a friend; or a member of a professional organization,
906	906	16 association, or a union in which the member now actively
907	907	17 serves.
908	908	18 (c) A vacancy in members does not prevent a quorum of the
909	909	19 remaining sitting members from exercising all rights and
910	910	20 performing all duties of the Board.
911	911	21 (d) An individual serving on the Board shall not also
912	912	22 serve on the Panel.
913	913	23 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
914	914	24 102-694, eff. 1-7-22.)
915	915	25 (50 ILCS 705/6.1)
916	916
917	917
918	918
919	919
920	920
921	921	SB3370 - 25 - LRB103 35788 AWJ 65871 b
922	922
923	923
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926	926	1 Sec. 6.1. Automatic decertification of full-time and
927	927	2 part-time law enforcement officers.
928	928	3 (a) The Board must review law enforcement officer conduct
929	929	4 and records to ensure that no law enforcement officer is
930	930	5 certified or provided a valid waiver if that law enforcement
931	931	6 officer has been convicted of, found guilty of, entered a plea
932	932	7 of guilty to, or entered a plea of nolo contendere to, a felony
933	933	8 offense under the laws of this State or any other state which
934	934	9 if committed in this State would be punishable as a felony. The
935	935	10 Board must also ensure that no law enforcement officer is
936	936	11 certified or provided a valid waiver if that law enforcement
937	937	12 officer has been convicted of, found guilty of, or entered a
938	938	13 plea of guilty to, on or after January 1, 2022 (the effective
939	939	14 date of Public Act 101-652) of any misdemeanor specified in
940	940	15 this Section or if committed in any other state would be an
941	941	16 offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
942	942	17 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,
943	943	18 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,
944	944	19 any misdemeanor in violation of any Section of Part E of Title
945	945	20 III of the Criminal Code of 1961 or the Criminal Code of 2012,
946	946	21 or subsection (a) of Section 17-32 of the Criminal Code of 1961
947	947	22 or the Criminal Code of 2012, or to Section 5 or 5.2 of the
948	948	23 Cannabis Control Act, or any felony or misdemeanor in
949	949	24 violation of federal law or the law of any state that is the
950	950	25 equivalent of any of the offenses specified therein. The Board
951	951	26 must appoint investigators to enforce the duties conferred
952	952
953	953
954	954
955	955
956	956
957	957	SB3370 - 26 - LRB103 35788 AWJ 65871 b
958	958
959	959
960	960	SB3370- 27 -LRB103 35788 AWJ 65871 b SB3370 - 27 - LRB103 35788 AWJ 65871 b
961	961	SB3370 - 27 - LRB103 35788 AWJ 65871 b
962	962	1 upon the Board by this Act.
963	963	2 (a-1) (Blank). For purposes of this Section, a person is
964	964	3 "convicted of, or entered a plea of guilty to, plea of nolo
965	965	4 contendere to, found guilty of" regardless of whether the
966	966	5 adjudication of guilt or sentence is withheld or not entered
967	967	6 thereon. This includes sentences of supervision, conditional
968	968	7 discharge, or first offender probation, or any similar
969	969	8 disposition provided for by law.
970	970	9 (b) It is the responsibility of the sheriff or the chief
971	971	10 executive officer of every law enforcement agency or
972	972	11 department within this State to report to the Board any
973	973	12 arrest, conviction, finding of guilt, plea of guilty, or plea
974	974	13 of nolo contendere to, of any officer for an offense
975	975	14 identified in this Section, regardless of whether the
976	976	15 adjudication of guilt or sentence is withheld or not entered
977	977	16 thereon, this includes sentences of supervision, conditional
978	978	17 discharge, or first offender probation.
979	979	18 (c) It is the duty and responsibility of every full-time
980	980	19 and part-time law enforcement officer in this State to report
981	981	20 to the Board within 14 days, and the officer's sheriff or chief
982	982	21 executive officer, of the officer's arrest, conviction, found
983	983	22 guilty of, or plea of guilty for an offense identified in this
984	984	23 Section. Any full-time or part-time law enforcement officer
985	985	24 who knowingly makes, submits, causes to be submitted, or files
986	986	25 a false or untruthful report to the Board must have the
987	987	26 officer's certificate or waiver immediately decertified or
988	988
989	989
990	990
991	991
992	992
993	993	SB3370 - 27 - LRB103 35788 AWJ 65871 b
994	994
995	995
996	996	SB3370- 28 -LRB103 35788 AWJ 65871 b SB3370 - 28 - LRB103 35788 AWJ 65871 b
997	997	SB3370 - 28 - LRB103 35788 AWJ 65871 b
998	998	1 revoked.
999	999	2 (d) Any person, or a local or State agency, or the Board is
1000	1000	3 immune from liability for submitting, disclosing, or releasing
1001	1001	4 information of arrests, convictions, or pleas of guilty in
1002	1002	5 this Section as long as the information is submitted,
1003	1003	6 disclosed, or released in good faith and without malice. The
1004	1004	7 Board has qualified immunity for the release of the
1005	1005	8 information.
1006	1006	9 (e) Any full-time or part-time law enforcement officer
1007	1007	10 with a certificate or waiver issued by the Board who is
1008	1008	11 convicted of, found guilty of, or entered a plea of guilty to,
1009	1009	12 or entered a plea of nolo contendere to any offense described
1010	1010	13 in this Section immediately becomes decertified or no longer
1011	1011	14 has a valid waiver. The decertification and invalidity of
1012	1012	15 waivers occurs as a matter of law. Failure of a convicted
1013	1013	16 person to report to the Board the officer's conviction as
1014	1014	17 described in this Section or any continued law enforcement
1015	1015	18 practice after receiving a conviction is a Class 4 felony.
1016	1016	19 (e-5) For purposes of this Section, a person is considered
1017	1017	20 to have been "convicted of, found guilty of, or entered a plea
1018	1018	21 of guilty to, plea of nolo contendere to" regardless of
1019	1019	22 whether the adjudication of guilt or sentence is withheld or
1020	1020	23 not entered thereon, including sentences of supervision,
1021	1021	24 conditional discharge, first offender probation, or any
1022	1022	25 similar disposition as provided for by law; except a person is
1023	1023	26 not considered to have been "convicted of, found guilty of, or
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028
1029	1029	SB3370 - 28 - LRB103 35788 AWJ 65871 b
1030	1030
1031	1031
1032	1032	SB3370- 29 -LRB103 35788 AWJ 65871 b SB3370 - 29 - LRB103 35788 AWJ 65871 b
1033	1033	SB3370 - 29 - LRB103 35788 AWJ 65871 b
1034	1034	1 entered a plea of guilty to, plea of nolo contendere to" if the
1035	1035	2 person's charge is dismissed or expunged or the person is a
1036	1036	3 juvenile at the time of the arrest, at the time of
1037	1037	4 adjudication, or at the time of disposition of supervision.
1038	1038	5 (f) The Board's investigators shall be law enforcement
1039	1039	6 officers as defined in Section 2 of this Act. The Board shall
1040	1040	7 not waive the training requirement unless the investigator has
1041	1041	8 had a minimum of 5 years experience as a sworn officer of a
1042	1042	9 local, State, or federal law enforcement agency. An
1043	1043	10 investigator shall not have been terminated for good cause,
1044	1044	11 decertified, had his or her law enforcement license or
1045	1045	12 certificate revoked in this or any other jurisdiction, or been
1046	1046	13 convicted of any of the conduct listed in subsection (a). Any
1047	1047	14 complaint filed against the Board's investigators shall be
1048	1048	15 investigated by the Illinois State Police.
1049	1049	16 (g) The Board must request and receive information and
1050	1050	17 assistance from any federal, state, local, or private
1051	1051	18 enforcement agency as part of the authorized criminal
1052	1052	19 background investigation. The Illinois State Police must
1053	1053	20 process, retain, and additionally provide and disseminate
1054	1054	21 information to the Board concerning criminal charges, arrests,
1055	1055	22 convictions, and their disposition, that have been filed
1056	1056	23 against a basic academy applicant, law enforcement applicant,
1057	1057	24 or law enforcement officer whose fingerprint identification
1058	1058	25 cards are on file or maintained by the Illinois State Police.
1059	1059	26 The Federal Bureau of Investigation must provide the Board any
1060	1060
1061	1061
1062	1062
1063	1063
1064	1064
1065	1065	SB3370 - 29 - LRB103 35788 AWJ 65871 b
1066	1066
1067	1067
1068	1068	SB3370- 30 -LRB103 35788 AWJ 65871 b SB3370 - 30 - LRB103 35788 AWJ 65871 b
1069	1069	SB3370 - 30 - LRB103 35788 AWJ 65871 b
1070	1070	1 criminal history record information contained in its files
1071	1071	2 pertaining to law enforcement officers or any applicant to a
1072	1072	3 Board certified basic law enforcement academy as described in
1073	1073	4 this Act based on fingerprint identification. The Board must
1074	1074	5 make payment of fees to the Illinois State Police for each
1075	1075	6 fingerprint card submission in conformance with the
1076	1076	7 requirements of paragraph 22 of Section 55a of the Civil
1077	1077	8 Administrative Code of Illinois.
1078	1078	9 (g-1) The Board may not disclose to any person or
1079	1079	10 organization the certification of or the decertification of a
1080	1080	11 law enforcement officer resulting from any process the Board
1081	1081	12 is engaged with until the decision is final and all appeals
1082	1082	13 have been exhausted, including disclosing information with a
1083	1083	14 State's Attorney or employer regarding the denial of a
1084	1084	15 training waiver. If information disclosed by the Board
1085	1085	16 violates this subsection, a law enforcement officer may seek
1086	1086	17 damages in the amount of 5 times the actual damages plus costs
1087	1087	18 against the Board.
1088	1088	19 (g-5) Notwithstanding any provision of law to the
1089	1089	20 contrary, the changes to this Section made by this amendatory
1090	1090	21 Act of the 102nd General Assembly and Public Act 101-652 shall
1091	1091	22 apply prospectively only from July 1, 2022.
1092	1092	23 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
1093	1093	24 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
1094	1094	25 (50 ILCS 705/6.3)
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099
1100	1100	SB3370 - 30 - LRB103 35788 AWJ 65871 b
1101	1101
1102	1102
1103	1103	SB3370- 31 -LRB103 35788 AWJ 65871 b SB3370 - 31 - LRB103 35788 AWJ 65871 b
1104	1104	SB3370 - 31 - LRB103 35788 AWJ 65871 b
1105	1105	1 Sec. 6.3. Discretionary decertification of full-time and
1106	1106	2 part-time law enforcement officers.
1107	1107	3 (a) Definitions. For purposes of this Section 6.3:
1108	1108	4 "Conviction" means a judgment of conviction or sentence
1109	1109	5 entered upon a plea of guilty, upon a verdict, or upon a
1110	1110	6 finding of guilty of an offense rendered by a jury or by a
1111	1111	7 court authorized to try the case without a jury. "Conviction"
1112	1112	8 does not include a judgment of conviction or sentence that is
1113	1113	9 dismissed or expunged and does not include the judgment of
1114	1114	10 conviction or sentence of a person who is a juvenile at the
1115	1115	11 time of the underlying arrest, at the time of the judgment of
1116	1116	12 conviction or sentence, or at the time of disposition of
1117	1117	13 supervision of the judgment of conviction or sentence.
1118	1118	14 "Duty to intervene" means an obligation to intervene to
1119	1119	15 prevent harm from occurring that arises when: an officer is
1120	1120	16 present, and has reason to know (1) that excessive force is
1121	1121	17 being used or that any constitutional violation has been
1122	1122	18 committed by a law enforcement official; and (2) the officer
1123	1123	19 has a realistic opportunity to intervene. This duty applies
1124	1124	20 equally to supervisory and nonsupervisory officers. If aid is
1125	1125	21 required, the officer shall not, when reasonable to administer
1126	1126	22 aid, knowingly and willingly refuse to render aid as defined
1127	1127	23 by State or federal law. An officer does not violate this duty
1128	1128	24 if the failure to render aid is due to circumstances such as
1129	1129	25 lack of appropriate specialized training, lack of resources or
1130	1130	26 equipment, or if it is unsafe or impracticable to render aid.
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135
1136	1136	SB3370 - 31 - LRB103 35788 AWJ 65871 b
1137	1137
1138	1138
1139	1139	SB3370- 32 -LRB103 35788 AWJ 65871 b SB3370 - 32 - LRB103 35788 AWJ 65871 b
1140	1140	SB3370 - 32 - LRB103 35788 AWJ 65871 b
1141	1141	1 "Excessive use of force" means using force in violation of
1142	1142	2 State or federal law.
1143	1143	3 "False statement" means (1) any knowingly false statement
1144	1144	4 provided on a form or report, (2) that the writer does not
1145	1145	5 believe to be true, and (3) that the writer includes to mislead
1146	1146	6 a public servant in performing the public servant's official
1147	1147	7 functions.
1148	1148	8 "Perjury" means that as defined under Sections 32-2 and
1149	1149	9 32-3 of the Criminal Code of 2012.
1150	1150	10 "Tampers with or fabricates evidence" means if a law
1151	1151	11 enforcement officer (1) has reason to believe that an official
1152	1152	12 proceeding is pending or may be instituted, and (2) alters,
1153	1153	13 destroys, conceals, or removes any record, document, data,
1154	1154	14 video or thing to impair its validity or availability in the
1155	1155	15 proceeding.
1156	1156	16 (b) Decertification conduct. The Board has the authority
1157	1157	17 to decertify a full-time or a part-time law enforcement
1158	1158	18 officer upon a determination by the Board that the law
1159	1159	19 enforcement officer has:
1160	1160	20 (1) committed an act that would constitute a felony or
1161	1161	21 misdemeanor which could serve as basis for automatic
1162	1162	22 decertification, whether or not the law enforcement
1163	1163	23 officer was criminally prosecuted, and whether or not the
1164	1164	24 law enforcement officer's employment was terminated;
1165	1165	25 (2) exercised excessive use of force;
1166	1166	26 (3) failed to comply with the officer's duty to
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172	SB3370 - 32 - LRB103 35788 AWJ 65871 b
1173	1173
1174	1174
1175	1175	SB3370- 33 -LRB103 35788 AWJ 65871 b SB3370 - 33 - LRB103 35788 AWJ 65871 b
1176	1176	SB3370 - 33 - LRB103 35788 AWJ 65871 b
1177	1177	1 intervene, including through acts or omissions;
1178	1178	2 (4) tampered with a dash camera or body-worn camera or
1179	1179	3 data recorded by a dash camera or body-worn camera or
1180	1180	4 directed another to tamper with or turn off a dash camera
1181	1181	5 or body-worn camera or data recorded by a dash camera or
1182	1182	6 body-worn camera for the purpose of concealing, destroying
1183	1183	7 or altering potential evidence;
1184	1184	8 (5) engaged in the following conduct relating to the
1185	1185	9 reporting, investigation, or prosecution of a crime:
1186	1186	10 committed perjury, made a false statement, or knowingly
1187	1187	11 tampered with or fabricated evidence; and
1188	1188	12 (6) engaged in any unprofessional, unethical,
1189	1189	13 deceptive, or deleterious conduct or practice harmful to
1190	1190	14 the public; such conduct or practice need not have
1191	1191	15 resulted in actual injury to any person. As used in this
1192	1192	16 paragraph, the term "unprofessional conduct" shall include
1193	1193	17 any departure from, or failure to conform to, the minimal
1194	1194	18 standards of acceptable and prevailing practice of an
1195	1195	19 officer.
1196	1196	20 (b-5) The Board has the authority to decertify a full-time
1197	1197	21 or part-time law enforcement officer notwithstanding whether a
1198	1198	22 law enforcement agency takes disciplinary action against a law
1199	1199	23 enforcement officer for the same underlying conduct as
1200	1200	24 outlined in subsection (b).
1201	1201	25 (c) Notice of Alleged Violation.
1202	1202	26 (1) The following individuals and agencies shall
1203	1203
1204	1204
1205	1205
1206	1206
1207	1207
1208	1208	SB3370 - 33 - LRB103 35788 AWJ 65871 b
1209	1209
1210	1210
1211	1211	SB3370- 34 -LRB103 35788 AWJ 65871 b SB3370 - 34 - LRB103 35788 AWJ 65871 b
1212	1212	SB3370 - 34 - LRB103 35788 AWJ 65871 b
1213	1213	1 notify the Board within 7 days of becoming aware of any
1214	1214	2 violation described in subsection (b):
1215	1215	3 (A) A law enforcement agency as defined in Section
1216	1216	4 2 or any law enforcement officer of this State. For
1217	1217	5 this subsection (c), law enforcement agency includes,
1218	1218	6 but is not limited to, a civilian review board, an
1219	1219	7 inspector general, and legal counsel for a law
1220	1220	8 enforcement agency.
1221	1221	9 (B) The Executive Director of the Board;
1222	1222	10 (C) A State's Attorney's Office of this State.
1223	1223	11 "Becoming aware" does not include confidential
1224	1224	12 communications between agency lawyers and agencies
1225	1225	13 regarding legal advice. For purposes of this subsection,
1226	1226	14 "law enforcement agency" does not include the Illinois
1227	1227	15 Attorney General when providing legal representation to a
1228	1228	16 law enforcement officer under the State Employee
1229	1229	17 Indemnification Act.
1230	1230	18 (2) Any person may also notify the Board of any
1231	1231	19 conduct the person believes a law enforcement officer has
1232	1232	20 committed as described in subsection (b). Such
1233	1233	21 notifications may be made confidentially. Notwithstanding
1234	1234	22 any other provision in state law or any collective
1235	1235	23 bargaining agreement, the Board shall accept notice and
1236	1236	24 investigate any allegations from individuals who remain
1237	1237	25 confidential.
1238	1238	26 (3) Upon written request, the Board shall disclose to
1239	1239
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244	SB3370 - 34 - LRB103 35788 AWJ 65871 b
1245	1245
1246	1246
1247	1247	SB3370- 35 -LRB103 35788 AWJ 65871 b SB3370 - 35 - LRB103 35788 AWJ 65871 b
1248	1248	SB3370 - 35 - LRB103 35788 AWJ 65871 b
1249	1249	1 the individual or entity who filed a notice of violation
1250	1250	2 the status of the Board's review.
1251	1251	3 (d) Form. The notice of violation reported under
1252	1252	4 subsection (c) shall be on a form prescribed by the Board in
1253	1253	5 its rules. The form shall be publicly available by paper and
1254	1254	6 electronic means. The form shall include fields for the
1255	1255	7 following information, at a minimum:
1256	1256	8 (1) the full name, address, and telephone number of
1257	1257	9 the person submitting the notice;
1258	1258	10 (2) if submitted under subsection (c)(1), the agency
1259	1259	11 name and title of the person submitting the notice;
1260	1260	12 (3) the full name, badge number, employing agency, and
1261	1261	13 physical description of the officer, if known;
1262	1262	14 (4) the full name or names, address or addresses,
1263	1263	15 telephone number or numbers, and physical description or
1264	1264	16 descriptions of any witnesses, if known;
1265	1265	17 (5) a concise statement of facts that describe the
1266	1266	18 alleged violation and any copies of supporting evidence
1267	1267	19 including but not limited to any photographic, video, or
1268	1268	20 audio recordings of the incident;
1269	1269	21 (6) whether the person submitting the notice has
1270	1270	22 notified any other agency; and
1271	1271	23 (7) an option for an individual, who submits directly
1272	1272	24 to the Board, to consent to have the individual's identity
1273	1273	25 disclosed. The identity of any individual providing
1274	1274	26 information or reporting any possible or alleged violation
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280	SB3370 - 35 - LRB103 35788 AWJ 65871 b
1281	1281
1282	1282
1283	1283	SB3370- 36 -LRB103 35788 AWJ 65871 b SB3370 - 36 - LRB103 35788 AWJ 65871 b
1284	1284	SB3370 - 36 - LRB103 35788 AWJ 65871 b
1285	1285	1 to the Board shall be kept confidential and may not be
1286	1286	2 disclosed without the consent of that individual, unless
1287	1287	3 the individual consents to disclosure of the individual's
1288	1288	4 name or disclosure of the individual's identity is
1289	1289	5 otherwise required by law. The confidentiality granted by
1290	1290	6 this subsection does not preclude the disclosure of the
1291	1291	7 identity of a person in any capacity other than as the
1292	1292	8 source of an allegation.
1293	1293	9 Nothing in this subsection (d) shall preclude the Board
1294	1294	10 from receiving, investigating, or acting upon allegations made
1295	1295	11 confidentially or in a format different from the form provided
1296	1296	12 for in this subsection.
1297	1297	13 (e) Preliminary review.
1298	1298	14 (1) The Board shall complete a preliminary review of
1299	1299	15 the allegations to determine whether there is sufficient
1300	1300	16 information to warrant a further investigation of any
1301	1301	17 violations of the Act. Upon initiating a preliminary
1302	1302	18 review of the allegations, the Board shall notify the head
1303	1303	19 of the law enforcement agency that employs the law
1304	1304	20 enforcement officer who is the subject of the allegations.
1305	1305	21 At the request of the Board, the law enforcement agency
1306	1306	22 must submit any copies of investigative findings,
1307	1307	23 evidence, or documentation to the Board in accordance with
1308	1308	24 rules adopted by the Board to facilitate the Board's
1309	1309	25 preliminary review. The Board may correspond with the law
1310	1310	26 enforcement agency, official records clerks or any
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316	SB3370 - 36 - LRB103 35788 AWJ 65871 b
1317	1317
1318	1318
1319	1319	SB3370- 37 -LRB103 35788 AWJ 65871 b SB3370 - 37 - LRB103 35788 AWJ 65871 b
1320	1320	SB3370 - 37 - LRB103 35788 AWJ 65871 b
1321	1321	1 investigative agencies in conducting its preliminary
1322	1322	2 review.
1323	1323	3 (2) During the preliminary review, the Board will take
1324	1324	4 all reasonable steps to discover any and all objective
1325	1325	5 verifiable evidence relevant to the alleged violation
1326	1326	6 through the identification, retention, review, and
1327	1327	7 analysis of all currently available evidence, including,
1328	1328	8 but not limited to: all time-sensitive evidence, audio and
1329	1329	9 video evidence, physical evidence, arrest reports,
1330	1330	10 photographic evidence, GPS records, computer data, lab
1331	1331	11 reports, medical documents, and witness interviews. All
1332	1332	12 reasonable steps will be taken to preserve relevant
1333	1333	13 evidence identified during the preliminary investigation.
1334	1334	14 (3) If after a preliminary review of the alleged
1335	1335	15 violation or violations, the Board believes there is
1336	1336	16 sufficient information to warrant further investigation of
1337	1337	17 any violations of this Act, the alleged violation or
1338	1338	18 violations shall be assigned for investigation in
1339	1339	19 accordance with subsection (f).
1340	1340	20 (4) If after a review of the allegations, the Board
1341	1341	21 believes there is insufficient information supporting the
1342	1342	22 allegations to warrant further investigation, it may close
1343	1343	23 a notice. Notification of the Board's decision to close a
1344	1344	24 notice shall be sent to all relevant individuals,
1345	1345	25 agencies, and any entities that received notice of the
1346	1346	26 violation under subsection (c) within 30 days of the
1347	1347
1348	1348
1349	1349
1350	1350
1351	1351
1352	1352	SB3370 - 37 - LRB103 35788 AWJ 65871 b
1353	1353
1354	1354
1355	1355	SB3370- 38 -LRB103 35788 AWJ 65871 b SB3370 - 38 - LRB103 35788 AWJ 65871 b
1356	1356	SB3370 - 38 - LRB103 35788 AWJ 65871 b
1357	1357	1 notice being closed, except in cases where the notice is
1358	1358	2 submitted anonymously if the complainant is unknown.
1359	1359	3 (5) Except when the Board has received notice under
1360	1360	4 subparagraph (A) of paragraph (1) of subsection (c), no
1361	1361	5 later than 30 days after receiving notice, the Board shall
1362	1362	6 report any notice of violation it receives to the relevant
1363	1363	7 law enforcement agency, unless reporting the notice would
1364	1364	8 jeopardize any subsequent investigation. The Board shall
1365	1365	9 also record any notice of violation it receives to the
1366	1366	10 Officer Professional Conduct Database in accordance with
1367	1367	11 Section 9.2. The Board shall report to the appropriate
1368	1368	12 State's Attorney any alleged violations that contain
1369	1369	13 allegations, claims, or factual assertions that, if true,
1370	1370	14 would constitute a violation of Illinois law. The Board
1371	1371	15 shall inform the law enforcement officer via certified
1372	1372	16 mail that it has received a notice of violation against
1373	1373	17 the law enforcement officer.
1374	1374	18 If the Board determines that due to the circumstances
1375	1375	19 and the nature of the allegation that it would not be
1376	1376	20 prudent to notify the law enforcement officer and the
1377	1377	21 officer's law enforcement agency unless and until the
1378	1378	22 filing of a Formal Complaint, the Board shall document in
1379	1379	23 the file the reason or reasons a notification was not
1380	1380	24 made.
1381	1381	25 (6) If the law enforcement officer is involved in a
1382	1382	26 criminal proceeding on the same subject as the notice of
1383	1383
1384	1384
1385	1385
1386	1386
1387	1387
1388	1388	SB3370 - 38 - LRB103 35788 AWJ 65871 b
1389	1389
1390	1390
1391	1391	SB3370- 39 -LRB103 35788 AWJ 65871 b SB3370 - 39 - LRB103 35788 AWJ 65871 b
1392	1392	SB3370 - 39 - LRB103 35788 AWJ 65871 b
1393	1393	1 violation, the Board is responsible for maintaining a
1394	1394	2 current status report including court dates, hearings,
1395	1395	3 pleas, adjudication status and sentencing. A State's
1396	1396	4 Attorney's Office must notify the Board of any criminal
1397	1397	5 charges filed against a law enforcement officer, and must
1398	1398	6 provide updates of significant developments to the Board
1399	1399	7 in a timely manner but no later than 30 days after such
1400	1400	8 developments.
1401	1401	9 (f) Investigations; requirements. Investigations are to be
1402	1402	10 assigned after a preliminary review, unless the investigations
1403	1403	11 were closed under paragraph (4) of subsection (e), as follows
1404	1404	12 in paragraphs (1), (2), and (3) of this subsection (f).
1405	1405	13 (1) A law enforcement agency that submits a notice of
1406	1406	14 violation to the Board under subparagraph (A) of paragraph
1407	1407	15 (1) of subsection (c) shall be responsible for conducting
1408	1408	16 an investigation of the underlying allegations except
1409	1409	17 when: (i) the law enforcement agency refers the notice to
1410	1410	18 another law enforcement agency or the Board for
1411	1411	19 investigation and such other agency or the Board agrees to
1412	1412	20 conduct the investigation; (ii) an external, independent,
1413	1413	21 or civilian oversight agency conducts the investigation in
1414	1414	22 accordance with local ordinance or other applicable law;
1415	1415	23 or (iii) the Board has determined that it will conduct the
1416	1416	24 investigation based upon the facts and circumstances of
1417	1417	25 the alleged violation, including but not limited to,
1418	1418	26 investigations regarding the Chief or Sheriff of a law
1419	1419
1420	1420
1421	1421
1422	1422
1423	1423
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1425	1425
1426	1426
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1428	1428	SB3370 - 40 - LRB103 35788 AWJ 65871 b
1429	1429	1 enforcement agency, familial conflict of interests,
1430	1430	2 complaints involving a substantial portion of a law
1431	1431	3 enforcement agency, or complaints involving a policy of a
1432	1432	4 law enforcement agency. Any agency or entity conducting an
1433	1433	5 investigation under this paragraph (1) shall submit
1434	1434	6 quarterly reports to the Board regarding the progress of
1435	1435	7 the investigation. The quarterly report shall be reviewed
1436	1436	8 by the individual or individuals at the Board who
1437	1437	9 conducted the preliminary review, if available.
1438	1438	10 Any agency or entity conducting an investigation under
1439	1439	11 this paragraph (1) shall, within 7 days of completing an
1440	1440	12 investigation, deliver an Investigative Summary Report and
1441	1441	13 copies of any administrative evidence to the Board. If the
1442	1442	14 Board finds an investigation conducted under this
1443	1443	15 paragraph (1) is incomplete, unsatisfactory, or deficient
1444	1444	16 in any way, the Board may direct the investigating entity
1445	1445	17 or agency to take any additional investigative steps
1446	1446	18 deemed necessary to thoroughly and satisfactorily complete
1447	1447	19 the investigation, or the Board may take any steps
1448	1448	20 necessary to complete the investigation. The investigating
1449	1449	21 entity or agency or, when necessary, the Board will then
1450	1450	22 amend and re-submit the Investigative Summary Report to
1451	1451	23 the Board for approval.
1452	1452	24 The Board shall submit a report to the investigating
1453	1453	25 entity disclosing the name, address, and telephone numbers
1454	1454	26 of persons who have knowledge of facts which are the
1455	1455
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460	SB3370 - 40 - LRB103 35788 AWJ 65871 b
1461	1461
1462	1462
1463	1463	SB3370- 41 -LRB103 35788 AWJ 65871 b SB3370 - 41 - LRB103 35788 AWJ 65871 b
1464	1464	SB3370 - 41 - LRB103 35788 AWJ 65871 b
1465	1465	1 subject of the investigation and identifying the subject
1466	1466	2 matter of their knowledge.
1467	1467	3 (2) The Board shall investigate and complete an
1468	1468	4 Investigative Summary Report when a State's Attorney's
1469	1469	5 Office submits a notice of violation to the Board under
1470	1470	6 (c)(1)(C).
1471	1471	7 (3) When a person submits a notice to the Board under
1472	1472	8 paragraph (2) of subsection (c), The Board shall assign
1473	1473	9 the investigation to the law enforcement agency that
1474	1474	10 employs the law enforcement officer, except when: (i) the
1475	1475	11 law enforcement agency requests to refer the notice to
1476	1476	12 another law enforcement agency or the Board for
1477	1477	13 investigation and such other agency or the Board agrees to
1478	1478	14 conduct the investigation; (ii) an external, independent,
1479	1479	15 or civilian oversight agency conducts the investigation in
1480	1480	16 accordance with local ordinance or other applicable law;
1481	1481	17 or (iii) the Board has determined that it will conduct the
1482	1482	18 investigation based upon the facts and circumstances of
1483	1483	19 the alleged violation, including but not limited to,
1484	1484	20 investigations regarding the Chief or Sheriff of a law
1485	1485	21 enforcement agency, familial conflict of interests,
1486	1486	22 complaints involving a substantial portion of a law
1487	1487	23 enforcement agency, or complaints involving a policy of a
1488	1488	24 law enforcement agency.
1489	1489	25 The investigating entity or agency shall submit
1490	1490	26 quarterly reports to the Board regarding the progress of
1491	1491
1492	1492
1493	1493
1494	1494
1495	1495
1496	1496	SB3370 - 41 - LRB103 35788 AWJ 65871 b
1497	1497
1498	1498
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1501	1501	1 the investigation in a form to be determined by the Board.
1502	1502	2 The quarterly report shall be reviewed by the individual
1503	1503	3 at the Board who conducted the preliminary review, if
1504	1504	4 available.
1505	1505	5 The investigating entity or agency shall, within 7 days of
1506	1506	6 completing an investigation, deliver an Investigative
1507	1507	7 Summary Report and copies of any evidence to the Board. If
1508	1508	8 the Board finds an investigation conducted under this
1509	1509	9 subsection (f)(3) is incomplete, unsatisfactory, or
1510	1510	10 deficient in any way, the Board may direct the
1511	1511	11 investigating entity to take any additional investigative
1512	1512	12 steps deemed necessary to thoroughly and satisfactorily
1513	1513	13 complete the investigation, or the Board may take any
1514	1514	14 steps necessary to complete the investigation. The
1515	1515	15 investigating entity or agency or, when necessary, the
1516	1516	16 Board will then amend and re-submit the Investigative
1517	1517	17 Summary Report to the Board for approval. The
1518	1518	18 investigating entity shall cooperate with and assist the
1519	1519	19 Board, as necessary, in any subsequent investigation.
1520	1520	20 (4) Concurrent Investigations. The Board may, at any
1521	1521	21 point, initiate a concurrent investigation under this
1522	1522	22 section. The original investigating entity shall timely
1523	1523	23 communicate, coordinate, and cooperate with the Board to
1524	1524	24 the fullest extent. The Board shall promulgate rules that
1525	1525	25 shall address, at a minimum, the sharing of information
1526	1526	26 and investigative means such as subpoenas and interviewing
1527	1527
1528	1528
1529	1529
1530	1530
1531	1531
1532	1532	SB3370 - 42 - LRB103 35788 AWJ 65871 b
1533	1533
1534	1534
1535	1535	SB3370- 43 -LRB103 35788 AWJ 65871 b SB3370 - 43 - LRB103 35788 AWJ 65871 b
1536	1536	SB3370 - 43 - LRB103 35788 AWJ 65871 b
1537	1537	1 witnesses.
1538	1538	2 (5) Investigative Summary Report. An Investigative
1539	1539	3 Summary Report shall contain, at a minimum, the
1540	1540	4 allegations and elements within each allegation followed
1541	1541	5 by the testimonial, documentary, or physical evidence that
1542	1542	6 is relevant to each such allegation or element listed and
1543	1543	7 discussed in association with it. All persons who have
1544	1544	8 been interviewed and listed in the Investigative Summary
1545	1545	9 Report will be identified as a complainant, witness,
1546	1546	10 person with specialized knowledge, or law enforcement
1547	1547	11 employee.
1548	1548	12 (6) Each law enforcement agency shall adopt a written
1549	1549	13 policy regarding the investigation of conduct under
1550	1550	14 subsection (a) that involves a law enforcement officer
1551	1551	15 employed by that law enforcement agency. The written
1552	1552	16 policy adopted must include the following, at a minimum:
1553	1553	17 (a) Each law enforcement officer shall immediately
1554	1554	18 report any conduct under subsection (b) to the
1555	1555	19 appropriate supervising officer.
1556	1556	20 (b) The written policy under this Section shall be
1557	1557	21 available for inspection and copying under the Freedom
1558	1558	22 of Information Act, and not subject to any exemption
1559	1559	23 of that Act.
1560	1560	24 (7) Nothing in this Act shall prohibit a law
1561	1561	25 enforcement agency from conducting an investigation for
1562	1562	26 the purpose of internal discipline. However, any such
1563	1563
1564	1564
1565	1565
1566	1566
1567	1567
1568	1568	SB3370 - 43 - LRB103 35788 AWJ 65871 b
1569	1569
1570	1570
1571	1571	SB3370- 44 -LRB103 35788 AWJ 65871 b SB3370 - 44 - LRB103 35788 AWJ 65871 b
1572	1572	SB3370 - 44 - LRB103 35788 AWJ 65871 b
1573	1573	1 investigation shall be conducted in a manner that avoids
1574	1574	2 interference with, and preserves the integrity of, any
1575	1575	3 separate investigation by the Board being conducted.
1576	1576	4 (g) Formal complaints. Upon receipt of an Investigative
1577	1577	5 Summary Report, the Board shall review the Report and any
1578	1578	6 relevant evidence obtained and determine whether there is
1579	1579	7 reasonable basis to believe that the law enforcement officer
1580	1580	8 committed any conduct that would be deemed a violation of this
1581	1581	9 Act. If after reviewing the Report and any other relevant
1582	1582	10 evidence obtained, the Board determines that a reasonable
1583	1583	11 basis does exist, the Board shall file a formal complaint with
1584	1584	12 the Certification Review Panel.
1585	1585	13 (h) Formal Complaint Hearing.
1586	1586	14 (1) Upon issuance of a formal complaint, the Panel
1587	1587	15 shall set the matter for an initial hearing in front of an
1588	1588	16 administrative law judge. At least 30 days before the date
1589	1589	17 set for an initial hearing, the Panel must, in writing,
1590	1590	18 notify the law enforcement officer subject to the
1591	1591	19 complaint of the following:
1592	1592	20 (i) the allegations against the law enforcement
1593	1593	21 officer, the time and place for the hearing, and
1594	1594	22 whether the law enforcement officer's certification
1595	1595	23 has been temporarily suspended under Section 8.3;
1596	1596	24 (ii) the right to file a written answer to the
1597	1597	25 complaint with the Panel within 30 days after service
1598	1598	26 of the notice;
1599	1599
1600	1600
1601	1601
1602	1602
1603	1603
1604	1604	SB3370 - 44 - LRB103 35788 AWJ 65871 b
1605	1605
1606	1606
1607	1607	SB3370- 45 -LRB103 35788 AWJ 65871 b SB3370 - 45 - LRB103 35788 AWJ 65871 b
1608	1608	SB3370 - 45 - LRB103 35788 AWJ 65871 b
1609	1609	1 (iii) if the law enforcement officer fails to
1610	1610	2 comply with the notice of the default order in
1611	1611	3 paragraph (2), the Panel shall enter a default order
1612	1612	4 against the law enforcement officer along with a
1613	1613	5 finding that the allegations in the complaint are
1614	1614	6 deemed admitted, and that the law enforcement
1615	1615	7 officer's certification may be revoked as a result;
1616	1616	8 and
1617	1617	9 (iv) the law enforcement officer may request an
1618	1618	10 informal conference to surrender the officer's
1619	1619	11 certification.
1620	1620	12 (2) The Board shall send the law enforcement officer
1621	1621	13 notice of the default order. The notice shall state that
1622	1622	14 the officer has 30 days to notify the Board in writing of
1623	1623	15 their desire to have the order vacated and to appear
1624	1624	16 before the Board. If the law enforcement officer does not
1625	1625	17 notify the Board within 30 days, the Board may set the
1626	1626	18 matter for hearing. If the matter is set for hearing, the
1627	1627	19 Board shall send the law enforcement officer the notice of
1628	1628	20 the date, time and location of the hearing. If the law
1629	1629	21 enforcement officer or counsel for the officer does
1630	1630	22 appear, at the Board's discretion, the hearing may proceed
1631	1631	23 or may be continued to a date and time agreed upon by all
1632	1632	24 parties. If on the date of the hearing, neither the law
1633	1633	25 enforcement officer nor counsel for the officer appears,
1634	1634	26 the Board may proceed with the hearing for default in
1635	1635
1636	1636
1637	1637
1638	1638
1639	1639
1640	1640	SB3370 - 45 - LRB103 35788 AWJ 65871 b
1641	1641
1642	1642
1643	1643	SB3370- 46 -LRB103 35788 AWJ 65871 b SB3370 - 46 - LRB103 35788 AWJ 65871 b
1644	1644	SB3370 - 46 - LRB103 35788 AWJ 65871 b
1645	1645	1 their absence.
1646	1646	2 (3) If the law enforcement officer fails to comply
1647	1647	3 with paragraph (2), all of the allegations contained in
1648	1648	4 the complaint shall be deemed admitted and the law
1649	1649	5 enforcement officer shall be decertified if, by a majority
1650	1650	6 vote of the panel, the conduct charged in the complaint is
1651	1651	7 found to constitute sufficient grounds for decertification
1652	1652	8 under this Act. Notice of the decertification decision may
1653	1653	9 be served by personal delivery, by mail, or, at the
1654	1654	10 discretion of the Board, by electronic means as adopted by
1655	1655	11 rule to the address or email address specified by the law
1656	1656	12 enforcement officer in the officer's last communication
1657	1657	13 with the Board. Notice shall also be provided to the law
1658	1658	14 enforcement officer's employing law enforcement agency.
1659	1659	15 (4) The Board, at the request of the law enforcement
1660	1660	16 officer subject to the Formal Complaint, may suspend a
1661	1661	17 hearing on a Formal Complaint for no more than one year if
1662	1662	18 a concurrent criminal matter is pending. If the law
1663	1663	19 enforcement officer requests to have the hearing
1664	1664	20 suspended, the law enforcement officer's certification
1665	1665	21 shall be deemed inactive until the law enforcement
1666	1666	22 officer's Formal Complaint hearing concludes. The Board or
1667	1667	23 the law enforcement officer may request to have the
1668	1668	24 hearing suspended for up to 6 additional months for good
1669	1669	25 cause. This request may be renewed. For purposes of this
1670	1670	26 paragraph (4), "good cause" means an incident or
1671	1671
1672	1672
1673	1673
1674	1674
1675	1675
1676	1676	SB3370 - 46 - LRB103 35788 AWJ 65871 b
1677	1677
1678	1678
1679	1679	SB3370- 47 -LRB103 35788 AWJ 65871 b SB3370 - 47 - LRB103 35788 AWJ 65871 b
1680	1680	SB3370 - 47 - LRB103 35788 AWJ 65871 b
1681	1681	1 occurrence that is beyond the control of the requester and
1682	1682	2 that prevents the hearing from occurring, or holding the
1683	1683	3 hearing would impose an undue hardship or prejudice on the
1684	1684	4 requester.
1685	1685	5 (5) Surrender of certification or waiver. Upon the
1686	1686	6 Board's issuance of a complaint, and prior to hearing on
1687	1687	7 the matter, a law enforcement officer may choose to
1688	1688	8 surrender the officer's certification or waiver by
1689	1689	9 notifying the Board in writing of the officer's decision
1690	1690	10 to do so. Upon receipt of such notification from the law
1691	1691	11 enforcement officer, the Board shall immediately decertify
1692	1692	12 the officer, or revoke any waiver previously granted. In
1693	1693	13 the case of a surrender of certification or waiver, the
1694	1694	14 Board's proceeding shall terminate.
1695	1695	15 (6) Appointment of administrative law judges. The
1696	1696	16 Board shall retain any attorney licensed to practice law
1697	1697	17 in the State of Illinois to serve as an administrative law
1698	1698	18 judge in any action involving a law enforcement officer
1699	1699	19 under this Act. The administrative law judge shall be
1700	1700	20 retained to a term of no greater than 4 years. If more than
1701	1701	21 one judge is retained, the terms shall be staggered. The
1702	1702	22 administrative law judge has full authority to conduct the
1703	1703	23 hearings.
1704	1704	24 Administrative law judges will receive initial and
1705	1705	25 annual training that is adequate in quality, quantity,
1706	1706	26 scope, and type, and will cover, at minimum the following
1707	1707
1708	1708
1709	1709
1710	1710
1711	1711
1712	1712	SB3370 - 47 - LRB103 35788 AWJ 65871 b
1713	1713
1714	1714
1715	1715	SB3370- 48 -LRB103 35788 AWJ 65871 b SB3370 - 48 - LRB103 35788 AWJ 65871 b
1716	1716	SB3370 - 48 - LRB103 35788 AWJ 65871 b
1717	1717	1 topics:
1718	1718	2 (i) constitutional and other relevant law on
1719	1719	3 police-community encounters, including the law on the
1720	1720	4 use of force and stops, searches, and arrests;
1721	1721	5 (ii) police tactics;
1722	1722	6 (iii) investigations of police conduct;
1723	1723	7 (iv) impartial policing;
1724	1724	8 (v) policing individuals in crisis;
1725	1725	9 (vi) Illinois police policies, procedures, and
1726	1726	10 disciplinary rules;
1727	1727	11 (vii) procedural justice; and
1728	1728	12 (viii) community outreach.
1729	1729	13 The Board shall determine the content and extent of
1730	1730	14 the training within the scope provided for by this
1731	1731	15 subsection.
1732	1732	16 (7) Hearing. At the hearing, the administrative law
1733	1733	17 judge will hear the allegations alleged in the complaint.
1734	1734	18 The law enforcement officer, the counsel of the officer's
1735	1735	19 choosing, and the Board, or the officer's counsel, shall
1736	1736	20 be afforded the opportunity to present any pertinent
1737	1737	21 statements, testimony, evidence, and arguments. The law
1738	1738	22 enforcement officer shall be afforded the opportunity to
1739	1739	23 request that the Board compel the attendance of witnesses
1740	1740	24 and production of related documents. After the conclusion
1741	1741	25 of the hearing, the administrative law judge shall report
1742	1742	26 any findings of fact, conclusions of law, and recommended
1743	1743
1744	1744
1745	1745
1746	1746
1747	1747
1748	1748	SB3370 - 48 - LRB103 35788 AWJ 65871 b
1749	1749
1750	1750
1751	1751	SB3370- 49 -LRB103 35788 AWJ 65871 b SB3370 - 49 - LRB103 35788 AWJ 65871 b
1752	1752	SB3370 - 49 - LRB103 35788 AWJ 65871 b
1753	1753	1 disposition to the Panel. If the law enforcement officer
1754	1754	2 objects to any procedural or substantive legal portion of
1755	1755	3 the report, the officer may do so by written brief filed
1756	1756	4 with the Panel within 14 days after receipt of the report.
1757	1757	5 The Panel may grant reasonable extensions for good cause
1758	1758	6 shown or when mutually agreed upon by the parties.
1759	1759	7 No later than 28 days before the hearing, a party
1760	1760	8 shall disclose the following:
1761	1761	9 (i) The name and, if known, the address and
1762	1762	10 telephone number of each individual likely to have
1763	1763	11 information relevant to the hearing that the
1764	1764	12 disclosing party may use to support its claims or
1765	1765	13 defenses. This includes, but is not limited to, any
1766	1766	14 name that has previously been held as confidential by
1767	1767	15 the Board.
1768	1768	16 (ii) A copy of any documents and videos that are in
1769	1769	17 the possession, custody, or control of the party, and
1770	1770	18 that the disclosing party may use to support its
1771	1771	19 claims or defenses.
1772	1772	20 (8) Certification Review Meeting. Upon receipt of the
1773	1773	21 administrative law judge's findings of fact, conclusions
1774	1774	22 of law, and recommended disposition, and any submitted
1775	1775	23 objections from the law enforcement officer, the Panel
1776	1776	24 shall call for a certification review meeting.
1777	1777	25 In such a meeting, the Panel may adjourn into a closed
1778	1778	26 conference for the purposes of deliberating on the
1779	1779
1780	1780
1781	1781
1782	1782
1783	1783
1784	1784	SB3370 - 49 - LRB103 35788 AWJ 65871 b
1785	1785
1786	1786
1787	1787	SB3370- 50 -LRB103 35788 AWJ 65871 b SB3370 - 50 - LRB103 35788 AWJ 65871 b
1788	1788	SB3370 - 50 - LRB103 35788 AWJ 65871 b
1789	1789	1 evidence presented during the hearing. In closed
1790	1790	2 conference, the Panel shall consider the hearing officer's
1791	1791	3 findings of fact, conclusions of law, and recommended
1792	1792	4 disposition and may deliberate on all evidence and
1793	1793	5 testimony received and may consider the weight and
1794	1794	6 credibility to be given to the evidence received. No new
1795	1795	7 or additional evidence may be presented to the Panel.
1796	1796	8 After concluding its deliberations, the Panel shall
1797	1797	9 convene in open session for its consideration of the
1798	1798	10 matter. If a simple majority of the Panel finds that no
1799	1799	11 allegations in the complaint supporting one or more
1800	1800	12 charges of misconduct are proven by clear and convincing
1801	1801	13 evidence, then the Panel shall recommend to the Board that
1802	1802	14 the complaint be dismissed. If a simple majority of the
1803	1803	15 Panel finds that the allegations in the complaint
1804	1804	16 supporting one or more charges of misconduct are proven by
1805	1805	17 clear and convincing evidence, then the Panel shall
1806	1806	18 recommend to the Board to decertify the officer. The Panel
1807	1807	19 shall prepare a summary report as soon as practicable
1808	1808	20 after the completion of the meeting including the
1809	1809	21 following: the hearing officer's findings of fact,
1810	1810	22 conclusions of law, recommended disposition, and the
1811	1811	23 Panel's order.
1812	1812	24 (9) Final action by the Board. After receiving the
1813	1813	25 Panel's recommendations and any objections by the law
1814	1814	26 enforcement officer, and after due consideration of the
1815	1815
1816	1816
1817	1817
1818	1818
1819	1819
1820	1820	SB3370 - 50 - LRB103 35788 AWJ 65871 b
1821	1821
1822	1822
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1824	1824	SB3370 - 51 - LRB103 35788 AWJ 65871 b
1825	1825	1 Panel's recommendations, the Board, by majority vote,
1826	1826	2 shall issue a final decision to decertify the law
1827	1827	3 enforcement officer or take no action in regard to the law
1828	1828	4 enforcement officer. No new or additional evidence may be
1829	1829	5 presented to the Board. If the Board makes a final
1830	1830	6 decision contrary to the recommendations of the Panel, the
1831	1831	7 Board shall set forth in its final written decision the
1832	1832	8 specific written reasons for not following the Panel's
1833	1833	9 recommendations. A copy of the Board's final decision
1834	1834	10 shall be served upon the law enforcement officer by the
1835	1835	11 Board, either personally or as provided in this Act for
1836	1836	12 the service of a notice of hearing. A copy of the Board's
1837	1837	13 final decision also shall be delivered to the last
1838	1838	14 employing law enforcement agency, the complainant, and the
1839	1839	15 Panel.
1840	1840	16 (10) Reconsideration of the Board's Decision. Within
1841	1841	17 30 days after service of the Board's final decision, the
1842	1842	18 Panel or the law enforcement officer may file a written
1843	1843	19 motion for reconsideration with the Review Committee. The
1844	1844	20 motion for reconsideration shall specify the particular
1845	1845	21 grounds for reconsideration. The non-moving party may
1846	1846	22 respond to the motion for reconsideration. The Review
1847	1847	23 Committee shall only address the issues raised by the
1848	1848	24 parties.
1849	1849	25 The Review Committee may deny the motion for
1850	1850	26 reconsideration, or it may grant the motion in whole or in
1851	1851
1852	1852
1853	1853
1854	1854
1855	1855
1856	1856	SB3370 - 51 - LRB103 35788 AWJ 65871 b
1857	1857
1858	1858
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1860	1860	SB3370 - 52 - LRB103 35788 AWJ 65871 b
1861	1861	1 part and issue a new final decision in the matter. The
1862	1862	2 Review Committee must notify the law enforcement officer
1863	1863	3 and their last employing law enforcement agency within 14
1864	1864	4 days of a denial and state the reasons for denial.
1865	1865	5 (i) This Section applies to conduct by a full-time or
1866	1866	6 part-time law enforcement officer in violation of subsection
1867	1867	7 (b) that occurred before, on, or after the effective date of
1868	1868	8 this amendatory Act of the 102nd General Assembly.
1869	1869	9 (j) Notwithstanding any provision of law to the contrary,
1870	1870	10 the changes made to this Section by this amendatory Act of the
1871	1871	11 102nd General Assembly and Public Act 101-652 take effect July
1872	1872	12 1, 2022.
1873	1873	13 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
1874	1874	14 (50 ILCS 705/6.8 new)
1875	1875	15 Sec. 6.8. Officer certification when departing employment.
1876	1876	16 (a) A police officer's or corrections officer's
1877	1877	17 certification is valid for one year after the officer departs
1878	1878	18 employment in good standing and with the officer's
1879	1879	19 certification still active. An employer, upon request by the
1880	1880	20 officer, may issue a statement to the officer providing that
1881	1881	21 the officer has left in good standing and shall also include
1882	1882	22 the date of termination of service.
1883	1883	23 (b) An officer is not required to receive a training
1884	1884	24 waiver if the officer resumes employment as a certified
1885	1885	25 officer with a department or agency in Illinois no later than
1886	1886
1887	1887
1888	1888
1889	1889
1890	1890
1891	1891	SB3370 - 52 - LRB103 35788 AWJ 65871 b
1892	1892
1893	1893
1894	1894	SB3370- 53 -LRB103 35788 AWJ 65871 b SB3370 - 53 - LRB103 35788 AWJ 65871 b
1895	1895	SB3370 - 53 - LRB103 35788 AWJ 65871 b
1896	1896	1 one year after the officer departs employment at the previous
1897	1897	2 department or agency under subsection (a). An officer who has
1898	1898	3 become deficient in any required training during the year of
1899	1899	4 continued certification under subsection (a) after departing
1900	1900	5 employment shall have one year from the date the officer is
1901	1901	6 reemployed by a new department or agency to complete all of the
1902	1902	7 deficient training.
1903	1903	8 (c) If an officer has continued certification under
1904	1904	9 subsection (a) and has a break in service of greater than one
1905	1905	10 year, the Board shall either (i) require the officer to
1906	1906	11 complete any training deficiencies prior to reemployment as a
1907	1907	12 certified officer or (ii) grant a training waiver and allow
1908	1908	13 the officer to complete any training deficiencies while
1909	1909	14 employed as a full-time officer within one year after
1910	1910	15 reemployment.
1911	1911	16 (d) Nothing in this Section permits an officer certified
1912	1912	17 as a part-time officer from serving as a full-time officer
1913	1913	18 without meeting the requirements and obtaining certification
1914	1914	19 as a full-time officer.
1915	1915	20 (50 ILCS 705/6.9 new)
1916	1916	21 Sec. 6.9. Denial of Certification; decertification.
1917	1917	22 (a) If the Board denies the decision of a training school
1918	1918	23 to approve a candidate to a qualified police training school,
1919	1919	24 the Board must inform the employer and the candidate of the
1920	1920	25 denial at least 14 days prior to the commencement of the start
1921	1921
1922	1922
1923	1923
1924	1924
1925	1925
1926	1926	SB3370 - 53 - LRB103 35788 AWJ 65871 b
1927	1927
1928	1928
1929	1929	SB3370- 54 -LRB103 35788 AWJ 65871 b SB3370 - 54 - LRB103 35788 AWJ 65871 b
1930	1930	SB3370 - 54 - LRB103 35788 AWJ 65871 b
1931	1931	1 of the training school.
1932	1932	2 (b) When decertifying an officer or when denying a
1933	1933	3 training waiver, the Board may only decertify the officer or
1934	1934	4 deny the training waiver for a criminal offense that would
1935	1935	5 have resulted, on the date and time the action was committed,
1936	1936	6 in decertification had the officer actually been employed as a
1937	1937	7 law enforcement officer at the time of the action.
1938	1938	8 Decertification may not happen retroactively for actions that
1939	1939	9 required certification after the date the actions were
1940	1940	10 committed.
1941	1941	11 (50 ILCS 705/6.10 new)
1942	1942	12 Sec. 6.10. Implementation of the federal Law Enforcement
1943	1943	13 Officer Safety Act of 2004. The Board and its staff are
1944	1944	14 responsible for facilitating and enabling coverage of active
1945	1945	15 and retired deputies, county correctional officers, and
1946	1946	16 correctional officers of the Department of Corrections in a
1947	1947	17 manner consistent with Public Act 102-779. If the Board and
1948	1948	18 its staff do not reasonably facilitate and enable coverage of
1949	1949	19 active or retired deputies, county correctional officers, or
1950	1950	20 correctional officers of the Department of Corrections under
1951	1951	21 the federal Law Enforcement Officer Safety Act of 2004 or if
1952	1952	22 the Board takes actions or refuses to take reasonable actions
1953	1953	23 that inhibit coverage, the deputy or officer may institute a
1954	1954	24 private right of action against the Board or its staff.
1955	1955
1956	1956
1957	1957
1958	1958
1959	1959
1960	1960	SB3370 - 54 - LRB103 35788 AWJ 65871 b
1961	1961
1962	1962
1963	1963	SB3370- 55 -LRB103 35788 AWJ 65871 b SB3370 - 55 - LRB103 35788 AWJ 65871 b
1964	1964	SB3370 - 55 - LRB103 35788 AWJ 65871 b
1965	1965	1 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
1966	1966	2 (Text of Section before amendment by P.A. 103-389)
1967	1967	3 Sec. 8.1. Full-time law enforcement and county corrections
1968	1968	4 officers.
1969	1969	5 (a) No person shall receive a permanent appointment as a
1970	1970	6 law enforcement officer or a permanent appointment as a county
1971	1971	7 corrections officer unless that person has been awarded,
1972	1972	8 within 6 months of the officer's initial full-time employment,
1973	1973	9 a certificate attesting to the officer's successful completion
1974	1974	10 of the Minimum Standards Basic Law Enforcement or County
1975	1975	11 Correctional Training Course as prescribed by the Board; or
1976	1976	12 has been awarded a certificate attesting to the officer's
1977	1977	13 satisfactory completion of a training program of similar
1978	1978	14 content and number of hours and which course has been found
1979	1979	15 acceptable by the Board under the provisions of this Act; or a
1980	1980	16 training waiver by reason of extensive prior law enforcement
1981	1981	17 or county corrections experience the basic training
1982	1982	18 requirement is determined by the Board to be illogical and
1983	1983	19 unreasonable.
1984	1984	20 If such training is required and not completed within the
1985	1985	21 applicable 6 months, then the officer must forfeit the
1986	1986	22 officer's position, or the employing agency must obtain a
1987	1987	23 waiver from the Board extending the period for compliance.
1988	1988	24 Such waiver shall be issued only for good and justifiable
1989	1989	25 reasons, and in no case shall extend more than 90 days beyond
1990	1990	26 the initial 6 months. Any hiring agency that fails to train a
1991	1991
1992	1992
1993	1993
1994	1994
1995	1995
1996	1996	SB3370 - 55 - LRB103 35788 AWJ 65871 b
1997	1997
1998	1998
1999	1999	SB3370- 56 -LRB103 35788 AWJ 65871 b SB3370 - 56 - LRB103 35788 AWJ 65871 b
2000	2000	SB3370 - 56 - LRB103 35788 AWJ 65871 b
2001	2001	1 law enforcement officer within this period shall be prohibited
2002	2002	2 from employing this individual in a law enforcement capacity
2003	2003	3 for one year from the date training was to be completed. If an
2004	2004	4 agency again fails to train the individual a second time, the
2005	2005	5 agency shall be permanently barred from employing this
2006	2006	6 individual in a law enforcement capacity.
2007	2007	7 An individual who is not certified by the Board or whose
2008	2008	8 certified status is inactive shall not function as a law
2009	2009	9 enforcement officer, be assigned the duties of a law
2010	2010	10 enforcement officer by an employing agency, or be authorized
2011	2011	11 to carry firearms under the authority of the employer, except
2012	2012	12 as otherwise authorized to carry a firearm under State or
2013	2013	13 federal law. Sheriffs who are elected as of January 1, 2022
2014	2014	14 (the effective date of Public Act 101-652) are exempt from the
2015	2015	15 requirement of certified status. Failure to be certified in
2016	2016	16 accordance with this Act shall cause the officer to forfeit
2017	2017	17 the officer's position.
2018	2018	18 An employing agency may not grant a person status as a law
2019	2019	19 enforcement officer unless the person has been granted an
2020	2020	20 active law enforcement officer certification by the Board.
2021	2021	21 (b) Inactive status. A person who has an inactive law
2022	2022	22 enforcement officer certification has no law enforcement
2023	2023	23 authority.
2024	2024	24 (1) A law enforcement officer's certification becomes
2025	2025	25 inactive upon termination, resignation, retirement, or
2026	2026	26 separation from the officer's employing law enforcement
2027	2027
2028	2028
2029	2029
2030	2030
2031	2031
2032	2032	SB3370 - 56 - LRB103 35788 AWJ 65871 b
2033	2033
2034	2034
2035	2035	SB3370- 57 -LRB103 35788 AWJ 65871 b SB3370 - 57 - LRB103 35788 AWJ 65871 b
2036	2036	SB3370 - 57 - LRB103 35788 AWJ 65871 b
2037	2037	1 agency for any reason. The Board shall re-activate a
2038	2038	2 certification upon written application from the law
2039	2039	3 enforcement officer's law enforcement agency that shows
2040	2040	4 the law enforcement officer: (i) has accepted a full-time
2041	2041	5 law enforcement position with that law enforcement agency,
2042	2042	6 (ii) is not the subject of a decertification proceeding,
2043	2043	7 and (iii) meets all other criteria for re-activation
2044	2044	8 required by the Board. The Board may also establish
2045	2045	9 special training requirements to be completed as a
2046	2046	10 condition for re-activation.
2047	2047	11 The Board shall review a notice for reactivation from
2048	2048	12 a law enforcement agency and provide a response within 30
2049	2049	13 days. The Board may extend this review. A law enforcement
2050	2050	14 officer shall be allowed to be employed as a full-time law
2051	2051	15 enforcement officer while the law enforcement officer
2052	2052	16 reactivation waiver is under review.
2053	2053	17 A law enforcement officer who is refused reactivation
2054	2054	18 or an employing agency of a law enforcement officer who is
2055	2055	19 refused reactivation under this Section may request a
2056	2056	20 hearing in accordance with the hearing procedures as
2057	2057	21 outlined in subsection (h) of Section 6.3 of this Act.
2058	2058	22 The Board may refuse to re-activate the certification
2059	2059	23 of a law enforcement officer who was involuntarily
2060	2060	24 terminated for good cause by an employing agency for
2061	2061	25 conduct subject to decertification under this Act or
2062	2062	26 resigned or retired after receiving notice of a law
2063	2063
2064	2064
2065	2065
2066	2066
2067	2067
2068	2068	SB3370 - 57 - LRB103 35788 AWJ 65871 b
2069	2069
2070	2070
2071	2071	SB3370- 58 -LRB103 35788 AWJ 65871 b SB3370 - 58 - LRB103 35788 AWJ 65871 b
2072	2072	SB3370 - 58 - LRB103 35788 AWJ 65871 b
2073	2073	1 enforcement agency's investigation.
2074	2074	2 (2) A law enforcement agency may place an officer who
2075	2075	3 is currently certified on inactive status by sending a
2076	2076	4 written request to the Board. A law enforcement officer
2077	2077	5 whose certificate has been placed on inactive status shall
2078	2078	6 not function as a law enforcement officer until the
2079	2079	7 officer has completed any requirements for reactivating
2080	2080	8 the certificate as required by the Board. A request for
2081	2081	9 inactive status in this subsection shall be in writing,
2082	2082	10 accompanied by verifying documentation, and shall be
2083	2083	11 submitted to the Board with a copy to the chief
2084	2084	12 administrator of the law enforcement officer's current or
2085	2085	13 new employing agency.
2086	2086	14 (3) Certification that has become inactive under
2087	2087	15 paragraph (2) of this subsection (b) shall be reactivated
2088	2088	16 by written notice from the law enforcement officer's
2089	2089	17 agency upon a showing that the law enforcement officer:
2090	2090	18 (i) is employed in a full-time law enforcement position
2091	2091	19 with the same law enforcement agency, (ii) is not the
2092	2092	20 subject of a decertification proceeding, and (iii) meets
2093	2093	21 all other criteria for re-activation required by the
2094	2094	22 Board.
2095	2095	23 (4) Notwithstanding paragraph (3) of this subsection
2096	2096	24 (b), a law enforcement officer whose certification has
2097	2097	25 become inactive under paragraph (2) may have the officer's
2098	2098	26 employing agency submit a request for a waiver of training
2099	2099
2100	2100
2101	2101
2102	2102
2103	2103
2104	2104	SB3370 - 58 - LRB103 35788 AWJ 65871 b
2105	2105
2106	2106
2107	2107	SB3370- 59 -LRB103 35788 AWJ 65871 b SB3370 - 59 - LRB103 35788 AWJ 65871 b
2108	2108	SB3370 - 59 - LRB103 35788 AWJ 65871 b
2109	2109	1 requirements to the Board in writing and accompanied by
2110	2110	2 any verifying documentation. A grant of a waiver is within
2111	2111	3 the discretion of the Board. Within 7 days of receiving a
2112	2112	4 request for a waiver under this Section, the Board shall
2113	2113	5 notify the law enforcement officer and the chief
2114	2114	6 administrator of the law enforcement officer's employing
2115	2115	7 agency, whether the request has been granted, denied, or
2116	2116	8 if the Board will take additional time for information. A
2117	2117	9 law enforcement agency whose request for a waiver under
2118	2118	10 this subsection is denied is entitled to request a review
2119	2119	11 of the denial by the Board. The law enforcement agency
2120	2120	12 must request a review within 20 days of the waiver being
2121	2121	13 denied. The burden of proof shall be on the law
2122	2122	14 enforcement agency to show why the law enforcement officer
2123	2123	15 is entitled to a waiver of the legislatively required
2124	2124	16 training and eligibility requirements.
2125	2125	17 (c) No provision of this Section shall be construed to
2126	2126	18 mean that a county corrections officer employed by a
2127	2127	19 governmental agency at the time of the effective date of this
2128	2128	20 amendatory Act, either as a probationary county corrections
2129	2129	21 officer or as a permanent county corrections officer, shall
2130	2130	22 require certification under the provisions of this Section. No
2131	2131	23 provision of this Section shall be construed to apply to
2132	2132	24 certification of elected county sheriffs.
2133	2133	25 (d) Within 14 days, a law enforcement officer shall report
2134	2134	26 to the Board: (1) any name change; (2) any change in
2135	2135
2136	2136
2137	2137
2138	2138
2139	2139
2140	2140	SB3370 - 59 - LRB103 35788 AWJ 65871 b
2141	2141
2142	2142
2143	2143	SB3370- 60 -LRB103 35788 AWJ 65871 b SB3370 - 60 - LRB103 35788 AWJ 65871 b
2144	2144	SB3370 - 60 - LRB103 35788 AWJ 65871 b
2145	2145	1 employment; or (3) the filing of any criminal indictment or
2146	2146	2 charges against the officer alleging that the officer
2147	2147	3 committed any offense as enumerated in Section 6.1 of this
2148	2148	4 Act.
2149	2149	5 (e) All law enforcement officers must report the
2150	2150	6 completion of the training requirements required in this Act
2151	2151	7 in compliance with Section 8.4 of this Act.
2152	2152	8 (e-1) Each employing law enforcement agency shall allow
2153	2153	9 and provide an opportunity for a law enforcement officer to
2154	2154	10 complete the mandated requirements in this Act. All mandated
2155	2155	11 training shall be provided at no cost to the employees.
2156	2156	12 Employees shall be paid for all time spent attending mandated
2157	2157	13 training.
2158	2158	14 (e-2) Each agency, academy, or training provider shall
2159	2159	15 maintain proof of a law enforcement officer's completion of
2160	2160	16 legislatively required training in a format designated by the
2161	2161	17 Board. The report of training shall be submitted to the Board
2162	2162	18 within 30 days following completion of the training. A copy of
2163	2163	19 the report shall be submitted to the law enforcement officer.
2164	2164	20 Upon receipt of a properly completed report of training, the
2165	2165	21 Board will make the appropriate entry into the training
2166	2166	22 records of the law enforcement officer.
2167	2167	23 (f) This Section does not apply to part-time law
2168	2168	24 enforcement officers or probationary part-time law enforcement
2169	2169	25 officers.
2170	2170	26 (g) Notwithstanding any provision of law to the contrary,
2171	2171
2172	2172
2173	2173
2174	2174
2175	2175
2176	2176	SB3370 - 60 - LRB103 35788 AWJ 65871 b
2177	2177
2178	2178
2179	2179	SB3370- 61 -LRB103 35788 AWJ 65871 b SB3370 - 61 - LRB103 35788 AWJ 65871 b
2180	2180	SB3370 - 61 - LRB103 35788 AWJ 65871 b
2181	2181	1 the changes made to this Section by Public Act 101-652, Public
2182	2182	2 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
2183	2183	3 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
2184	2184	4 103-154, eff. 6-30-23.)
2185	2185	5 (Text of Section after amendment by P.A. 103-389)
2186	2186	6 Sec. 8.1. Full-time law enforcement and county corrections
2187	2187	7 officers.
2188	2188	8 (a) No person shall receive a permanent appointment as a
2189	2189	9 law enforcement officer or a permanent appointment as a county
2190	2190	10 corrections officer unless that person has been awarded,
2191	2191	11 within 6 months of the officer's initial full-time employment,
2192	2192	12 a certificate attesting to the officer's successful completion
2193	2193	13 of the Minimum Standards Basic Law Enforcement or County
2194	2194	14 Correctional Training Course as prescribed by the Board; or
2195	2195	15 has been awarded a certificate attesting to the officer's
2196	2196	16 satisfactory completion of a training program of similar
2197	2197	17 content and number of hours and which course has been found
2198	2198	18 acceptable by the Board under the provisions of this Act; or a
2199	2199	19 training waiver by reason of prior law enforcement or county
2200	2200	20 corrections experience, obtained in Illinois, in any other
2201	2201	21 state, or with an agency of the federal government, the basic
2202	2202	22 training requirement is determined by the Board to be
2203	2203	23 illogical and unreasonable. The Board may not require an
2204	2204	24 officer employed as a full-time certified officer by one
2205	2205	25 department or agency who simultaneously becomes employed as a
2206	2206
2207	2207
2208	2208
2209	2209
2210	2210
2211	2211	SB3370 - 61 - LRB103 35788 AWJ 65871 b
2212	2212
2213	2213
2214	2214	SB3370- 62 -LRB103 35788 AWJ 65871 b SB3370 - 62 - LRB103 35788 AWJ 65871 b
2215	2215	SB3370 - 62 - LRB103 35788 AWJ 65871 b
2216	2216	1 part-time officer by another department or agency to receive a
2217	2217	2 waiver of training or take any other action for purposes of the
2218	2218	3 second employment. Agencies seeking a reciprocity waiver for
2219	2219	4 training completed outside of Illinois must conduct a thorough
2220	2220	5 background check and provide verification of the officer's
2221	2221	6 prior training. After review and satisfaction of all requested
2222	2222	7 conditions, the officer shall be awarded an equivalency
2223	2223	8 certificate satisfying the requirements of this Section.
2224	2224	9 Within 60 days after the effective date of this amendatory Act
2225	2225	10 of the 103rd General Assembly, the Board shall adopt uniform
2226	2226	11 rules providing for a waiver process for a person previously
2227	2227	12 employed and qualified as a law enforcement or county
2228	2228	13 corrections officer under federal law or the laws of any other
2229	2229	14 state, or who has completed a basic law enforcement officer or
2230	2230	15 correctional officer academy who would be qualified to be
2231	2231	16 employed as a law enforcement officer or correctional officer
2232	2232	17 by the federal government or any other state. These rules
2233	2233	18 shall address the process for evaluating prior training
2234	2234	19 credit, a description and list of the courses typically
2235	2235	20 required for reciprocity candidates to complete prior to
2236	2236	21 taking the exam, and a procedure for employers seeking a
2237	2237	22 pre-activation determination for a reciprocity training
2238	2238	23 waiver. The rules shall provide that any eligible person
2239	2239	24 previously trained as a law enforcement or county corrections
2240	2240	25 officer under federal law or the laws of any other state shall
2241	2241	26 successfully complete the following prior to the approval of a
2242	2242
2243	2243
2244	2244
2245	2245
2246	2246
2247	2247	SB3370 - 62 - LRB103 35788 AWJ 65871 b
2248	2248
2249	2249
2250	2250	SB3370- 63 -LRB103 35788 AWJ 65871 b SB3370 - 63 - LRB103 35788 AWJ 65871 b
2251	2251	SB3370 - 63 - LRB103 35788 AWJ 65871 b
2252	2252	1 waiver:
2253	2253	2 (1) a training program or set of coursework approved
2254	2254	3 by the Board on the laws of this State relevant to the
2255	2255	4 duties and training requirements of law enforcement and
2256	2256	5 county correctional officers;
2257	2257	6 (2) firearms training; and
2258	2258	7 (3) successful passage of the equivalency
2259	2259	8 certification examination.
2260	2260	9 If such training is required and not completed within the
2261	2261	10 applicable 6 months, then the officer must forfeit the
2262	2262	11 officer's position, or the employing agency must obtain a
2263	2263	12 waiver from the Board extending the period for compliance.
2264	2264	13 Such waiver shall be issued only for good and justifiable
2265	2265	14 reasons, and in no case shall extend more than 90 days beyond
2266	2266	15 the initial 6 months. Any hiring agency that fails to train a
2267	2267	16 law enforcement officer within this period shall be prohibited
2268	2268	17 from employing this individual in a law enforcement capacity
2269	2269	18 for one year from the date training was to be completed. If an
2270	2270	19 agency again fails to train the individual a second time, the
2271	2271	20 agency shall be permanently barred from employing this
2272	2272	21 individual in a law enforcement capacity.
2273	2273	22 An individual who is not certified by the Board or whose
2274	2274	23 certified status is inactive shall not function as a law
2275	2275	24 enforcement officer, be assigned the duties of a law
2276	2276	25 enforcement officer by an employing agency, or be authorized
2277	2277	26 to carry firearms under the authority of the employer, except
2278	2278
2279	2279
2280	2280
2281	2281
2282	2282
2283	2283	SB3370 - 63 - LRB103 35788 AWJ 65871 b
2284	2284
2285	2285
2286	2286	SB3370- 64 -LRB103 35788 AWJ 65871 b SB3370 - 64 - LRB103 35788 AWJ 65871 b
2287	2287	SB3370 - 64 - LRB103 35788 AWJ 65871 b
2288	2288	1 as otherwise authorized to carry a firearm under State or
2289	2289	2 federal law. Sheriffs who are elected as of January 1, 2022
2290	2290	3 (the effective date of Public Act 101-652) are exempt from the
2291	2291	4 requirement of certified status. Failure to be certified in
2292	2292	5 accordance with this Act shall cause the officer to forfeit
2293	2293	6 the officer's position.
2294	2294	7 An employing agency may not grant a person status as a law
2295	2295	8 enforcement officer unless the person has been granted an
2296	2296	9 active law enforcement officer certification by the Board.
2297	2297	10 (b) Inactive status. A person who has an inactive law
2298	2298	11 enforcement officer certification has no law enforcement
2299	2299	12 authority.
2300	2300	13 (1) Except as provided in Section 6.8, a A law
2301	2301	14 enforcement officer's certification becomes inactive upon
2302	2302	15 termination, resignation, retirement, or separation from
2303	2303	16 the officer's employing law enforcement agency for any
2304	2304	17 reason. The Board shall re-activate a certification upon
2305	2305	18 written application from the law enforcement officer's law
2306	2306	19 enforcement agency that shows the law enforcement officer:
2307	2307	20 (i) has accepted a full-time law enforcement position with
2308	2308	21 that law enforcement agency, (ii) is not the subject of a
2309	2309	22 decertification proceeding, and (iii) meets all other
2310	2310	23 criteria for re-activation required by the Board. The
2311	2311	24 Board may also establish special training requirements to
2312	2312	25 be completed as a condition for re-activation.
2313	2313	26 The Board shall review a notice for reactivation from
2314	2314
2315	2315
2316	2316
2317	2317
2318	2318
2319	2319	SB3370 - 64 - LRB103 35788 AWJ 65871 b
2320	2320
2321	2321
2322	2322	SB3370- 65 -LRB103 35788 AWJ 65871 b SB3370 - 65 - LRB103 35788 AWJ 65871 b
2323	2323	SB3370 - 65 - LRB103 35788 AWJ 65871 b
2324	2324	1 a law enforcement agency and provide a response within 30
2325	2325	2 days. The Board may extend this review. A law enforcement
2326	2326	3 officer shall be allowed to be employed as a full-time law
2327	2327	4 enforcement officer while the law enforcement officer
2328	2328	5 reactivation waiver is under review.
2329	2329	6 A law enforcement officer who is refused reactivation
2330	2330	7 or an employing agency of a law enforcement officer who is
2331	2331	8 refused reactivation under this Section may request a
2332	2332	9 hearing in accordance with the hearing procedures as
2333	2333	10 outlined in subsection (h) of Section 6.3 of this Act.
2334	2334	11 The Board may refuse to re-activate the certification
2335	2335	12 of a law enforcement officer who was involuntarily
2336	2336	13 terminated for good cause by an employing agency for
2337	2337	14 conduct subject to decertification under this Act or
2338	2338	15 resigned or retired after receiving notice of a law
2339	2339	16 enforcement agency's investigation.
2340	2340	17 (2) A law enforcement agency may place an officer who
2341	2341	18 is currently certified on inactive status by sending a
2342	2342	19 written request to the Board. A law enforcement officer
2343	2343	20 whose certificate has been placed on inactive status shall
2344	2344	21 not function as a law enforcement officer until the
2345	2345	22 officer has completed any requirements for reactivating
2346	2346	23 the certificate as required by the Board. A request for
2347	2347	24 inactive status in this subsection shall be in writing,
2348	2348	25 accompanied by verifying documentation, and shall be
2349	2349	26 submitted to the Board with a copy to the chief
2350	2350
2351	2351
2352	2352
2353	2353
2354	2354
2355	2355	SB3370 - 65 - LRB103 35788 AWJ 65871 b
2356	2356
2357	2357
2358	2358	SB3370- 66 -LRB103 35788 AWJ 65871 b SB3370 - 66 - LRB103 35788 AWJ 65871 b
2359	2359	SB3370 - 66 - LRB103 35788 AWJ 65871 b
2360	2360	1 administrator of the law enforcement officer's current or
2361	2361	2 new employing agency.
2362	2362	3 (3) Certification that has become inactive under
2363	2363	4 paragraph (2) of this subsection (b) shall be reactivated
2364	2364	5 by written notice from the law enforcement officer's
2365	2365	6 agency upon a showing that the law enforcement officer:
2366	2366	7 (i) is employed in a full-time law enforcement position
2367	2367	8 with the same law enforcement agency, (ii) is not the
2368	2368	9 subject of a decertification proceeding, and (iii) meets
2369	2369	10 all other criteria for re-activation required by the
2370	2370	11 Board.
2371	2371	12 (4) Notwithstanding paragraph (3) of this subsection
2372	2372	13 (b), a law enforcement officer whose certification has
2373	2373	14 become inactive under paragraph (2) may have the officer's
2374	2374	15 employing agency submit a request for a waiver of training
2375	2375	16 requirements to the Board in writing and accompanied by
2376	2376	17 any verifying documentation. A grant of a waiver is within
2377	2377	18 the discretion of the Board. Within 7 days of receiving a
2378	2378	19 request for a waiver under this Section, the Board shall
2379	2379	20 notify the law enforcement officer and the chief
2380	2380	21 administrator of the law enforcement officer's employing
2381	2381	22 agency, whether the request has been granted, denied, or
2382	2382	23 if the Board will take additional time for information. A
2383	2383	24 law enforcement agency whose request for a waiver under
2384	2384	25 this subsection is denied is entitled to request a review
2385	2385	26 of the denial by the Board. The law enforcement agency
2386	2386
2387	2387
2388	2388
2389	2389
2390	2390
2391	2391	SB3370 - 66 - LRB103 35788 AWJ 65871 b
2392	2392
2393	2393
2394	2394	SB3370- 67 -LRB103 35788 AWJ 65871 b SB3370 - 67 - LRB103 35788 AWJ 65871 b
2395	2395	SB3370 - 67 - LRB103 35788 AWJ 65871 b
2396	2396	1 must request a review within 20 days of the waiver being
2397	2397	2 denied. The burden of proof shall be on the law
2398	2398	3 enforcement agency to show why the law enforcement officer
2399	2399	4 is entitled to a waiver of the legislatively required
2400	2400	5 training and eligibility requirements.
2401	2401	6 (c) No provision of this Section shall be construed to
2402	2402	7 mean that a county corrections officer employed by a
2403	2403	8 governmental agency at the time of the effective date of this
2404	2404	9 amendatory Act, either as a probationary county corrections
2405	2405	10 officer or as a permanent county corrections officer, shall
2406	2406	11 require certification under the provisions of this Section. No
2407	2407	12 provision of this Section shall be construed to apply to
2408	2408	13 certification of elected county sheriffs.
2409	2409	14 (d) Within 14 days, a law enforcement officer shall report
2410	2410	15 to the Board: (1) any name change; (2) any change in
2411	2411	16 employment; or (3) the filing of any criminal indictment or
2412	2412	17 charges against the officer alleging that the officer
2413	2413	18 committed any offense as enumerated in Section 6.1 of this
2414	2414	19 Act.
2415	2415	20 (e) All law enforcement officers must report the
2416	2416	21 completion of the training requirements required in this Act
2417	2417	22 in compliance with Section 8.4 of this Act.
2418	2418	23 (e-1) Each employing law enforcement agency shall allow
2419	2419	24 and provide an opportunity for a law enforcement officer to
2420	2420	25 complete the mandated requirements in this Act. All mandated
2421	2421	26 training shall be provided at no cost to the employees.
2422	2422
2423	2423
2424	2424
2425	2425
2426	2426
2427	2427	SB3370 - 67 - LRB103 35788 AWJ 65871 b
2428	2428
2429	2429
2430	2430	SB3370- 68 -LRB103 35788 AWJ 65871 b SB3370 - 68 - LRB103 35788 AWJ 65871 b
2431	2431	SB3370 - 68 - LRB103 35788 AWJ 65871 b
2432	2432	1 Employees shall be paid for all time spent attending mandated
2433	2433	2 training.
2434	2434	3 (e-2) Each agency, academy, or training provider shall
2435	2435	4 maintain proof of a law enforcement officer's completion of
2436	2436	5 legislatively required training in a format designated by the
2437	2437	6 Board. The report of training shall be submitted to the Board
2438	2438	7 within 30 days following completion of the training. A copy of
2439	2439	8 the report shall be submitted to the law enforcement officer.
2440	2440	9 Upon receipt of a properly completed report of training, the
2441	2441	10 Board will make the appropriate entry into the training
2442	2442	11 records of the law enforcement officer.
2443	2443	12 (f) This Section does not apply to part-time law
2444	2444	13 enforcement officers or probationary part-time law enforcement
2445	2445	14 officers.
2446	2446	15 (g) Notwithstanding any provision of law to the contrary,
2447	2447	16 the changes made to this Section by Public Act 101-652, Public
2448	2448	17 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
2449	2449	18 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
2450	2450	19 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
2451	2451	20 (50 ILCS 705/8.2)
2452	2452	21 Sec. 8.2. Part-time law enforcement officers.
2453	2453	22 (a) A person hired to serve as a part-time law enforcement
2454	2454	23 officer must obtain from the Board a certificate (i) attesting
2455	2455	24 to the officer's successful completion of the part-time police
2456	2456	25 training course; (ii) attesting to the officer's satisfactory
2457	2457
2458	2458
2459	2459
2460	2460
2461	2461
2462	2462	SB3370 - 68 - LRB103 35788 AWJ 65871 b
2463	2463
2464	2464
2465	2465	SB3370- 69 -LRB103 35788 AWJ 65871 b SB3370 - 69 - LRB103 35788 AWJ 65871 b
2466	2466	SB3370 - 69 - LRB103 35788 AWJ 65871 b
2467	2467	1 completion of a training program of similar content and number
2468	2468	2 of hours that has been found acceptable by the Board under the
2469	2469	3 provisions of this Act; or (iii) a training waiver attesting
2470	2470	4 to the Board's determination that the part-time police
2471	2471	5 training course is unnecessary because of the person's prior
2472	2472	6 law enforcement experience obtained in Illinois, in any other
2473	2473	7 state, or with an agency of the federal government. The Board
2474	2474	8 may not require an officer employed as a part-time certified
2475	2475	9 officer by one department or agency who simultaneously becomes
2476	2476	10 employed as a part-time officer by another department or
2477	2477	11 agency to receive a waiver of training or take any other action
2478	2478	12 for purposes of the second employment. A person hired on or
2479	2479	13 after the effective date of this amendatory Act of the 92nd
2480	2480	14 General Assembly must obtain this certificate within 18 months
2481	2481	15 after the initial date of hire as a probationary part-time law
2482	2482	16 enforcement officer in the State of Illinois. The probationary
2483	2483	17 part-time law enforcement officer must be enrolled and
2484	2484	18 accepted into a Board-approved course within 6 months after
2485	2485	19 active employment by any department in the State. A person
2486	2486	20 hired on or after January 1, 1996 and before the effective date
2487	2487	21 of this amendatory Act of the 92nd General Assembly must
2488	2488	22 obtain this certificate within 18 months after the date of
2489	2489	23 hire. A person hired before January 1, 1996 must obtain this
2490	2490	24 certificate within 24 months after the effective date of this
2491	2491	25 amendatory Act of 1995. Agencies seeking a reciprocity waiver
2492	2492	26 for training completed outside of Illinois must conduct a
2493	2493
2494	2494
2495	2495
2496	2496
2497	2497
2498	2498	SB3370 - 69 - LRB103 35788 AWJ 65871 b
2499	2499
2500	2500
2501	2501	SB3370- 70 -LRB103 35788 AWJ 65871 b SB3370 - 70 - LRB103 35788 AWJ 65871 b
2502	2502	SB3370 - 70 - LRB103 35788 AWJ 65871 b
2503	2503	1 thorough background check and provide verification of the
2504	2504	2 officer's prior training. After review and satisfaction of all
2505	2505	3 requested conditions, the officer shall be awarded an
2506	2506	4 equivalency certificate satisfying the requirements of this
2507	2507	5 Section. Within 60 days after the effective date of this
2508	2508	6 amendatory Act of the 103rd General Assembly, the Board shall
2509	2509	7 adopt uniform rules providing for a waiver process for a
2510	2510	8 person previously employed and qualified as a law enforcement
2511	2511	9 or county corrections officer under federal law or the laws of
2512	2512	10 any other state, or who has completed a basic law enforcement
2513	2513	11 officer or correctional officer academy who would be qualified
2514	2514	12 to be employed as a law enforcement officer or correctional
2515	2515	13 officer by the federal government or any other state. These
2516	2516	14 rules shall address the process for evaluating prior training
2517	2517	15 credit, a description and list of the courses typically
2518	2518	16 required for reciprocity candidates to complete prior to
2519	2519	17 taking the exam, and a procedure for employers seeking a
2520	2520	18 pre-activation determination for a reciprocity training
2521	2521	19 waiver. The rules shall provide that any eligible person
2522	2522	20 previously trained as a law enforcement or county corrections
2523	2523	21 officer under federal law or the laws of any other state shall
2524	2524	22 successfully complete the following prior to the approval of a
2525	2525	23 waiver:
2526	2526	24 (1) a training program or set of coursework approved
2527	2527	25 by the Board on the laws of this State relevant to the
2528	2528	26 duties and training requirements of law enforcement and
2529	2529
2530	2530
2531	2531
2532	2532
2533	2533
2534	2534	SB3370 - 70 - LRB103 35788 AWJ 65871 b
2535	2535
2536	2536
2537	2537	SB3370- 71 -LRB103 35788 AWJ 65871 b SB3370 - 71 - LRB103 35788 AWJ 65871 b
2538	2538	SB3370 - 71 - LRB103 35788 AWJ 65871 b
2539	2539	1 county correctional officers;
2540	2540	2 (2) firearms training; and
2541	2541	3 (3) successful passage of the equivalency
2542	2542	4 certification examination.
2543	2543	5 The employing agency may seek an extension waiver from the
2544	2544	6 Board extending the period for compliance. An extension waiver
2545	2545	7 shall be issued only for good and justifiable reasons, and the
2546	2546	8 probationary part-time law enforcement officer may not
2547	2547	9 practice as a part-time law enforcement officer during the
2548	2548	10 extension waiver period. If training is required and not
2549	2549	11 completed within the applicable time period, as extended by
2550	2550	12 any waiver that may be granted, then the officer must forfeit
2551	2551	13 the officer's position.
2552	2552	14 An individual who is not certified by the Board or whose
2553	2553	15 certified status is inactive shall not function as a law
2554	2554	16 enforcement officer, be assigned the duties of a law
2555	2555	17 enforcement officer by an agency, or be authorized to carry
2556	2556	18 firearms under the authority of the employer, except that
2557	2557	19 sheriffs who are elected are exempt from the requirement of
2558	2558	20 certified status. Failure to be in accordance with this Act
2559	2559	21 shall cause the officer to forfeit the officer's position.
2560	2560	22 (a-5) A part-time probationary law enforcement officer
2561	2561	23 shall be allowed to complete six months of a part-time police
2562	2562	24 training course and function as a law enforcement officer as
2563	2563	25 permitted by this subsection with a waiver from the Board,
2564	2564	26 provided the part-time law enforcement officer is still
2565	2565
2566	2566
2567	2567
2568	2568
2569	2569
2570	2570	SB3370 - 71 - LRB103 35788 AWJ 65871 b
2571	2571
2572	2572
2573	2573	SB3370- 72 -LRB103 35788 AWJ 65871 b SB3370 - 72 - LRB103 35788 AWJ 65871 b
2574	2574	SB3370 - 72 - LRB103 35788 AWJ 65871 b
2575	2575	1 enrolled in the training course. If the part-time probationary
2576	2576	2 law enforcement officer withdraws from the course for any
2577	2577	3 reason or does not complete the course within the applicable
2578	2578	4 time period, as extended by any waiver that may be granted,
2579	2579	5 then the officer must forfeit the officer's position. A
2580	2580	6 probationary law enforcement officer must function under the
2581	2581	7 following rules:
2582	2582	8 (1) A law enforcement agency may not grant a person
2583	2583	9 status as a law enforcement officer unless the person has
2584	2584	10 been granted an active law enforcement officer
2585	2585	11 certification by the Board.
2586	2586	12 (2) A part-time probationary law enforcement officer
2587	2587	13 shall not be used as a permanent replacement for a
2588	2588	14 full-time law enforcement.
2589	2589	15 (3) A part-time probationary law enforcement officer
2590	2590	16 shall be directly supervised at all times by a Board
2591	2591	17 certified law enforcement officer. Direct supervision
2592	2592	18 requires oversight and control with the supervisor having
2593	2593	19 final decision-making authority as to the actions of the
2594	2594	20 recruit during duty hours.
2595	2595	21 (b) Inactive status. A person who has an inactive law
2596	2596	22 enforcement officer certification has no law enforcement
2597	2597	23 authority.
2598	2598	24 (1) Except as provided in Section 6.8, a A law
2599	2599	25 enforcement officer's certification becomes inactive upon
2600	2600	26 termination, resignation, retirement, or separation from
2601	2601
2602	2602
2603	2603
2604	2604
2605	2605
2606	2606	SB3370 - 72 - LRB103 35788 AWJ 65871 b
2607	2607
2608	2608
2609	2609	SB3370- 73 -LRB103 35788 AWJ 65871 b SB3370 - 73 - LRB103 35788 AWJ 65871 b
2610	2610	SB3370 - 73 - LRB103 35788 AWJ 65871 b
2611	2611	1 the employing agency for any reason. The Board shall
2612	2612	2 re-activate a certification upon written application from
2613	2613	3 the law enforcement officer's employing agency that shows
2614	2614	4 the law enforcement officer: (i) has accepted a part-time
2615	2615	5 law enforcement position with that a law enforcement
2616	2616	6 agency, (ii) is not the subject of a decertification
2617	2617	7 proceeding, and (iii) meets all other criteria for
2618	2618	8 re-activation required by the Board.
2619	2619	9 The Board may refuse to re-activate the certification
2620	2620	10 of a law enforcement officer who was involuntarily
2621	2621	11 terminated for good cause by the officer's employing
2622	2622	12 agency for conduct subject to decertification under this
2623	2623	13 Act or resigned or retired after receiving notice of a law
2624	2624	14 enforcement agency's investigation.
2625	2625	15 (2) A law enforcement agency may place an officer who
2626	2626	16 is currently certified on inactive status by sending a
2627	2627	17 written request to the Board. A law enforcement officer
2628	2628	18 whose certificate has been placed on inactive status shall
2629	2629	19 not function as a law enforcement officer until the
2630	2630	20 officer has completed any requirements for reactivating
2631	2631	21 the certificate as required by the Board. A request for
2632	2632	22 inactive status in this subsection shall be in writing,
2633	2633	23 accompanied by verifying documentation, and shall be
2634	2634	24 submitted to the Board by the law enforcement officer's
2635	2635	25 employing agency.
2636	2636	26 (3) Certification that has become inactive under
2637	2637
2638	2638
2639	2639
2640	2640
2641	2641
2642	2642	SB3370 - 73 - LRB103 35788 AWJ 65871 b
2643	2643
2644	2644
2645	2645	SB3370- 74 -LRB103 35788 AWJ 65871 b SB3370 - 74 - LRB103 35788 AWJ 65871 b
2646	2646	SB3370 - 74 - LRB103 35788 AWJ 65871 b
2647	2647	1 paragraph (2) of this subsection (b), shall be reactivated
2648	2648	2 by written notice from the law enforcement officer's law
2649	2649	3 enforcement agency upon a showing that the law enforcement
2650	2650	4 officer is: (i) employed in a part-time law enforcement
2651	2651	5 position with the same law enforcement agency, (ii) not
2652	2652	6 the subject of a decertification proceeding, and (iii)
2653	2653	7 meets all other criteria for re-activation required by the
2654	2654	8 Board. The Board may also establish special training
2655	2655	9 requirements to be completed as a condition for
2656	2656	10 re-activation.
2657	2657	11 The Board shall review a notice for reactivation from
2658	2658	12 a law enforcement agency and provide a response within 30
2659	2659	13 days. The Board may extend this review. A law enforcement
2660	2660	14 officer shall be allowed to be employed as a part-time law
2661	2661	15 enforcement officer while the law enforcement officer
2662	2662	16 reactivation waiver is under review.
2663	2663	17 A law enforcement officer who is refused reactivation
2664	2664	18 or an employing agency of a law enforcement officer who is
2665	2665	19 refused reactivation under this Section may request a
2666	2666	20 hearing in accordance with the hearing procedures as
2667	2667	21 outlined in subsection (h) of Section 6.3 of this Act.
2668	2668	22 (4) Notwithstanding paragraph (3) of this Section, a
2669	2669	23 law enforcement officer whose certification has become
2670	2670	24 inactive under paragraph (2) may have the officer's
2671	2671	25 employing agency submit a request for a waiver of training
2672	2672	26 requirements to the Board in writing and accompanied by
2673	2673
2674	2674
2675	2675
2676	2676
2677	2677
2678	2678	SB3370 - 74 - LRB103 35788 AWJ 65871 b
2679	2679
2680	2680
2681	2681	SB3370- 75 -LRB103 35788 AWJ 65871 b SB3370 - 75 - LRB103 35788 AWJ 65871 b
2682	2682	SB3370 - 75 - LRB103 35788 AWJ 65871 b
2683	2683	1 any verifying documentation. A grant of a waiver is within
2684	2684	2 the discretion of the Board. Within 7 days of receiving a
2685	2685	3 request for a waiver under this section, the Board shall
2686	2686	4 notify the law enforcement officer and the chief
2687	2687	5 administrator of the law enforcement officer's employing
2688	2688	6 agency, whether the request has been granted, denied, or
2689	2689	7 if the Board will take additional time for information. A
2690	2690	8 law enforcement agency or law enforcement officer, whose
2691	2691	9 request for a waiver under this subsection is denied, is
2692	2692	10 entitled to request a review of the denial by the Board.
2693	2693	11 The law enforcement agency must request a review within 20
2694	2694	12 days after the waiver being denied. The burden of proof
2695	2695	13 shall be on the law enforcement agency to show why the law
2696	2696	14 enforcement officer is entitled to a waiver of the
2697	2697	15 legislatively required training and eligibility
2698	2698	16 requirements.
2699	2699	17 (c) The part-time police training course referred to in
2700	2700	18 this Section shall be of similar content and the same number of
2701	2701	19 hours as the courses for full-time officers and shall be
2702	2702	20 provided by Mobile Team In-Service Training Units under the
2703	2703	21 Intergovernmental Law Enforcement Officer's In-Service
2704	2704	22 Training Act or by another approved program or facility in a
2705	2705	23 manner prescribed by the Board.
2706	2706	24 (d) Within 14 days, a law enforcement officer shall report
2707	2707	25 to the Board: (1) any name change; (2) any change in
2708	2708	26 employment; or (3) the filing of any criminal indictment or
2709	2709
2710	2710
2711	2711
2712	2712
2713	2713
2714	2714	SB3370 - 75 - LRB103 35788 AWJ 65871 b
2715	2715
2716	2716
2717	2717	SB3370- 76 -LRB103 35788 AWJ 65871 b SB3370 - 76 - LRB103 35788 AWJ 65871 b
2718	2718	SB3370 - 76 - LRB103 35788 AWJ 65871 b
2719	2719	1 charges against the officer alleging that the officer
2720	2720	2 committed any offense as enumerated in Section 6.1 of this
2721	2721	3 Act.
2722	2722	4 (e) All law enforcement officers must report the
2723	2723	5 completion of the training requirements required in this Act
2724	2724	6 in compliance with Section 8.4 of this Act.
2725	2725	7 (e-1) Each employing agency shall allow and provide an
2726	2726	8 opportunity for a law enforcement officer to complete the
2727	2727	9 requirements in this Act. All mandated training shall be
2728	2728	10 provided for at no cost to the employees. Employees shall be
2729	2729	11 paid for all time spent attending mandated training.
2730	2730	12 (e-2) Each agency, academy, or training provider shall
2731	2731	13 maintain proof of a law enforcement officer's completion of
2732	2732	14 legislatively required training in a format designated by the
2733	2733	15 Board. The report of training shall be submitted to the Board
2734	2734	16 within 30 days following completion of the training. A copy of
2735	2735	17 the report shall be submitted to the law enforcement officer.
2736	2736	18 Upon receipt of a properly completed report of training, the
2737	2737	19 Board will make the appropriate entry into the training
2738	2738	20 records of the law enforcement officer.
2739	2739	21 (f) For the purposes of this Section, the Board shall
2740	2740	22 adopt rules defining what constitutes employment on a
2741	2741	23 part-time basis.
2742	2742	24 (g) Notwithstanding any provision of law to the contrary,
2743	2743	25 the changes made to this Section by this amendatory Act of the
2744	2744	26 102nd General Assembly and Public Act 101-652 take effect July
2745	2745
2746	2746
2747	2747
2748	2748
2749	2749
2750	2750	SB3370 - 76 - LRB103 35788 AWJ 65871 b
2751	2751
2752	2752
2753	2753	SB3370- 77 -LRB103 35788 AWJ 65871 b SB3370 - 77 - LRB103 35788 AWJ 65871 b
2754	2754	SB3370 - 77 - LRB103 35788 AWJ 65871 b
2755	2755	1 1, 2022.
2756	2756	2 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
2757	2757	3 (50 ILCS 705/9) (from Ch. 85, par. 509)
2758	2758	4 Sec. 9. A special fund is hereby established in the State
2759	2759	5 Treasury to be known as the Traffic and Criminal Conviction
2760	2760	6 Surcharge Fund. Moneys in this Fund shall be expended as
2761	2761	7 follows:
2762	2762	8 (1) a portion of the total amount deposited in the
2763	2763	9 Fund may be used, as appropriated by the General Assembly,
2764	2764	10 for the ordinary and contingent expenses of the Illinois
2765	2765	11 Law Enforcement Training Standards Board;
2766	2766	12 (2) a portion of the total amount deposited in the
2767	2767	13 Fund shall be appropriated for the reimbursement of local
2768	2768	14 governmental agencies participating in training programs
2769	2769	15 certified by the Board, in an amount equaling 1/2 of the
2770	2770	16 total sum paid by such agencies during the State's
2771	2771	17 previous fiscal year for mandated training for
2772	2772	18 probationary law enforcement officers or probationary
2773	2773	19 county corrections officers and for optional advanced and
2774	2774	20 specialized law enforcement or county corrections
2775	2775	21 training; these reimbursements may include the costs for
2776	2776	22 tuition at training schools, the salaries of trainees
2777	2777	23 while in schools, and the necessary travel and room and
2778	2778	24 board expenses for each trainee; if the appropriations
2779	2779	25 under this paragraph (2) are not sufficient to fully
2780	2780
2781	2781
2782	2782
2783	2783
2784	2784
2785	2785	SB3370 - 77 - LRB103 35788 AWJ 65871 b
2786	2786
2787	2787
2788	2788	SB3370- 78 -LRB103 35788 AWJ 65871 b SB3370 - 78 - LRB103 35788 AWJ 65871 b
2789	2789	SB3370 - 78 - LRB103 35788 AWJ 65871 b
2790	2790	1 reimburse the participating local governmental agencies,
2791	2791	2 the available funds shall be apportioned among such
2792	2792	3 agencies, with priority first given to repayment of the
2793	2793	4 costs of mandatory training given to law enforcement
2794	2794	5 officer or county corrections officer recruits, then to
2795	2795	6 repayment of costs of advanced or specialized training for
2796	2796	7 permanent law enforcement officers or permanent county
2797	2797	8 corrections officers;
2798	2798	9 (3) a portion of the total amount deposited in the
2799	2799	10 Fund may be used to fund the Intergovernmental Law
2800	2800	11 Enforcement Officer's In-Service Training Act, veto
2801	2801	12 overridden October 29, 1981, as now or hereafter amended,
2802	2802	13 at a rate and method to be determined by the board;
2803	2803	14 (4) a portion of the Fund also may be used by the
2804	2804	15 Illinois State Police for expenses incurred in the
2805	2805	16 training of employees from any State, county, or municipal
2806	2806	17 agency whose function includes enforcement of criminal or
2807	2807	18 traffic law;
2808	2808	19 (5) a portion of the Fund may be used by the Board to
2809	2809	20 fund grant-in-aid programs and services for the training
2810	2810	21 of employees from any county or municipal agency whose
2811	2811	22 functions include corrections or the enforcement of
2812	2812	23 criminal or traffic law;
2813	2813	24 (6) for fiscal years 2013 through 2017 only, a portion
2814	2814	25 of the Fund also may be used by the Department of State
2815	2815	26 Police to finance any of its lawful purposes or functions;
2816	2816
2817	2817
2818	2818
2819	2819
2820	2820
2821	2821	SB3370 - 78 - LRB103 35788 AWJ 65871 b
2822	2822
2823	2823
2824	2824	SB3370- 79 -LRB103 35788 AWJ 65871 b SB3370 - 79 - LRB103 35788 AWJ 65871 b
2825	2825	SB3370 - 79 - LRB103 35788 AWJ 65871 b
2826	2826	1 (7) a portion of the Fund may be used by the Board,
2827	2827	2 subject to appropriation, to administer grants to local
2828	2828	3 law enforcement agencies for the purpose of purchasing
2829	2829	4 bulletproof vests under the Law Enforcement Officer
2830	2830	5 Bulletproof Vest Act; and
2831	2831	6 (8) a portion of the Fund may be used by the Board to
2832	2832	7 create a law enforcement grant program available for units
2833	2833	8 of local government to fund crime prevention programs,
2834	2834	9 training, and interdiction efforts, including enforcement
2835	2835	10 and prevention efforts, relating to the illegal cannabis
2836	2836	11 market and driving under the influence of cannabis; and .
2837	2837	12 (9) 1.5% of each deposit into the Fund shall be
2838	2838	13 transferred by the Comptroller to the Illinois Law
2839	2839	14 Enforcement Standards Appeal Fund within 10 days after
2840	2840	15 deposit of the moneys.
2841	2841	16 All payments from the Traffic and Criminal Conviction
2842	2842	17 Surcharge Fund shall be made each year from moneys
2843	2843	18 appropriated for the purposes specified in this Section. No
2844	2844	19 more than 50% of any appropriation under this Act shall be
2845	2845	20 spent in any city having a population of more than 500,000. The
2846	2846	21 State Comptroller and the State Treasurer shall from time to
2847	2847	22 time, at the direction of the Governor, transfer from the
2848	2848	23 Traffic and Criminal Conviction Surcharge Fund to the General
2849	2849	24 Revenue Fund in the State Treasury such amounts as the
2850	2850	25 Governor determines are in excess of the amounts required to
2851	2851	26 meet the obligations of the Traffic and Criminal Conviction
2852	2852
2853	2853
2854	2854
2855	2855
2856	2856
2857	2857	SB3370 - 79 - LRB103 35788 AWJ 65871 b
2858	2858
2859	2859
2860	2860	SB3370- 80 -LRB103 35788 AWJ 65871 b SB3370 - 80 - LRB103 35788 AWJ 65871 b
2861	2861	SB3370 - 80 - LRB103 35788 AWJ 65871 b
2862	2862	1 Surcharge Fund.
2863	2863	2 (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
2864	2864	3 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
2865	2865	4 Section 20. The State Finance Act is amended by adding
2866	2866	5 Section 1.1015 as follows:
2867	2867	6 (30 ILCS 105/1.1015 new)
2868	2868	7 Sec. 1.1015. The Illinois Law Enforcement Standards Appeal
2869	2869	8 Fund.
2870	2870	9 Section 95. No acceleration or delay. Where this Act makes
2871	2871	10 changes in a statute that is represented in this Act by text
2872	2872	11 that is not yet or no longer in effect (for example, a Section
2873	2873	12 represented by multiple versions), the use of that text does
2874	2874	13 not accelerate or delay the taking effect of (i) the changes
2875	2875	14 made by this Act or (ii) provisions derived from any other
2876	2876	15 Public Act.
2877	2877	SB3370- 81 -LRB103 35788 AWJ 65871 b 1 INDEX 2 Statutes amended in order of appearance SB3370- 81 -LRB103 35788 AWJ 65871 b SB3370 - 81 - LRB103 35788 AWJ 65871 b 1 INDEX 2 Statutes amended in order of appearance
2878	2878	SB3370- 81 -LRB103 35788 AWJ 65871 b SB3370 - 81 - LRB103 35788 AWJ 65871 b
2879	2879	SB3370 - 81 - LRB103 35788 AWJ 65871 b
2880	2880	1 INDEX
2881	2881	2 Statutes amended in order of appearance
2882	2882
2883	2883
2884	2884
2885	2885
2886	2886
2887	2887	SB3370 - 80 - LRB103 35788 AWJ 65871 b
2888	2888
2889	2889
2890	2890
2891	2891	SB3370- 81 -LRB103 35788 AWJ 65871 b SB3370 - 81 - LRB103 35788 AWJ 65871 b
2892	2892	SB3370 - 81 - LRB103 35788 AWJ 65871 b
2893	2893	1 INDEX
2894	2894	2 Statutes amended in order of appearance
2895	2895
2896	2896
2897	2897
2898	2898
2899	2899
2900	2900	SB3370 - 81 - LRB103 35788 AWJ 65871 b