Illinois 2025-2026 Regular Session

Illinois House Bill HB0040 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0040 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.27 new Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training. LRB104 03559 RTM 13583 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0040 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: 50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.27 new 50 ILCS 705/7 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.2 50 ILCS 705/10.27 new Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training. LRB104 03559 RTM 13583 b LRB104 03559 RTM 13583 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0040 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
3	3	50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.27 new 50 ILCS 705/7 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.2 50 ILCS 705/10.27 new
4	4	50 ILCS 705/7
5	5	50 ILCS 705/8.1 from Ch. 85, par. 508.1
6	6	50 ILCS 705/8.2
7	7	50 ILCS 705/10.27 new
8	8	Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.
9	9	LRB104 03559 RTM 13583 b LRB104 03559 RTM 13583 b
10	10	LRB104 03559 RTM 13583 b
11	11	A BILL FOR
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13	13	HB0040 LRB104 03559 RTM 13583 b
14	14	1 AN ACT concerning government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Police Training Act is amended by
18	18	5 changing Sections 7, 8.1, and 8.2 and by adding Section 10.27
19	19	6 as follows:
20	20	7 (50 ILCS 705/7)
21	21	8 Sec. 7. Rules and standards for schools. The Board shall
22	22	9 adopt rules and minimum standards for such schools which shall
23	23	10 include, but not be limited to, the following:
24	24	11 a. The curriculum for probationary law enforcement
25	25	12 officers which shall be offered by all certified schools
26	26	13 shall include, but not be limited to, courses of
27	27	14 procedural justice, arrest and use and control tactics,
28	28	15 search and seizure, including temporary questioning, civil
29	29	16 rights, human rights, human relations, cultural
30	30	17 competency, including implicit bias and racial and ethnic
31	31	18 sensitivity, criminal law, law of criminal procedure,
32	32	19 constitutional and proper use of law enforcement
33	33	20 authority, crisis intervention training, vehicle and
34	34	21 traffic law including uniform and non-discriminatory
35	35	22 enforcement of the Illinois Vehicle Code, traffic control
36	36	23 and crash investigation, techniques of obtaining physical
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0040 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
41	41	50 ILCS 705/750 ILCS 705/8.1 from Ch. 85, par. 508.150 ILCS 705/8.250 ILCS 705/10.27 new 50 ILCS 705/7 50 ILCS 705/8.1 from Ch. 85, par. 508.1 50 ILCS 705/8.2 50 ILCS 705/10.27 new
42	42	50 ILCS 705/7
43	43	50 ILCS 705/8.1 from Ch. 85, par. 508.1
44	44	50 ILCS 705/8.2
45	45	50 ILCS 705/10.27 new
46	46	Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.
47	47	LRB104 03559 RTM 13583 b LRB104 03559 RTM 13583 b
48	48	LRB104 03559 RTM 13583 b
49	49	A BILL FOR
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55	55	50 ILCS 705/7
56	56	50 ILCS 705/8.1 from Ch. 85, par. 508.1
57	57	50 ILCS 705/8.2
58	58	50 ILCS 705/10.27 new
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77	77	1 evidence, court testimonies, statements, reports, firearms
78	78	2 training, training in the use of electronic control
79	79	3 devices, including the psychological and physiological
80	80	4 effects of the use of those devices on humans, first aid
81	81	5 (including cardiopulmonary resuscitation), training in the
82	82	6 administration of opioid antagonists as defined in
83	83	7 paragraph (1) of subsection (e) of Section 5-23 of the
84	84	8 Substance Use Disorder Act, handling of juvenile
85	85	9 offenders, recognition of mental conditions and crises,
86	86	10 including, but not limited to, the disease of addiction,
87	87	11 which require immediate assistance and response and
88	88	12 methods to safeguard and provide assistance to a person in
89	89	13 need of mental treatment, recognition of abuse, neglect,
90	90	14 financial exploitation, and self-neglect of adults with
91	91	15 disabilities and older adults, as defined in Section 2 of
92	92	16 the Adult Protective Services Act, crimes against the
93	93	17 elderly, law of evidence, the hazards of high-speed police
94	94	18 vehicle chases with an emphasis on alternatives to the
95	95	19 high-speed chase, and physical training, and training
96	96	20 under Section 10.25. The curriculum shall include specific
97	97	21 training in techniques for immediate response to and
98	98	22 investigation of cases of domestic violence and of sexual
99	99	23 assault of adults and children, including cultural
100	100	24 perceptions and common myths of sexual assault and sexual
101	101	25 abuse as well as interview techniques that are age
102	102	26 sensitive and are trauma informed, victim centered, and
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113	113	1 victim sensitive. The curriculum shall include training in
114	114	2 techniques designed to promote effective communication at
115	115	3 the initial contact with crime victims and ways to
116	116	4 comprehensively explain to victims and witnesses their
117	117	5 rights under the Rights of Crime Victims and Witnesses Act
118	118	6 and the Crime Victims Compensation Act. The curriculum
119	119	7 shall also include training in effective recognition of
120	120	8 and responses to stress, trauma, and post-traumatic stress
121	121	9 experienced by law enforcement officers that is consistent
122	122	10 with Section 25 of the Illinois Mental Health First Aid
123	123	11 Training Act in a peer setting, including recognizing
124	124	12 signs and symptoms of work-related cumulative stress,
125	125	13 issues that may lead to suicide, and solutions for
126	126	14 intervention with peer support resources. The curriculum
127	127	15 shall include a block of instruction addressing the
128	128	16 mandatory reporting requirements under the Abused and
129	129	17 Neglected Child Reporting Act. The curriculum shall also
130	130	18 include a block of instruction aimed at identifying and
131	131	19 interacting with persons with autism and other
132	132	20 developmental or physical disabilities, reducing barriers
133	133	21 to reporting crimes against persons with autism, and
134	134	22 addressing the unique challenges presented by cases
135	135	23 involving victims or witnesses with autism and other
136	136	24 developmental disabilities. The curriculum shall include
137	137	25 training in the detection and investigation of all forms
138	138	26 of human trafficking. The curriculum shall also include
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149	149	1 instruction in trauma-informed responses designed to
150	150	2 ensure the physical safety and well-being of a child of an
151	151	3 arrested parent or immediate family member; this
152	152	4 instruction must include, but is not limited to: (1)
153	153	5 understanding the trauma experienced by the child while
154	154	6 maintaining the integrity of the arrest and safety of
155	155	7 officers, suspects, and other involved individuals; (2)
156	156	8 de-escalation tactics that would include the use of force
157	157	9 when reasonably necessary; and (3) inquiring whether a
158	158	10 child will require supervision and care. The curriculum
159	159	11 for probationary law enforcement officers shall include:
160	160	12 (1) at least 12 hours of hands-on, scenario-based
161	161	13 role-playing; (2) at least 6 hours of instruction on use
162	162	14 of force techniques, including the use of de-escalation
163	163	15 techniques to prevent or reduce the need for force
164	164	16 whenever safe and feasible; (3) specific training on
165	165	17 officer safety techniques, including cover, concealment,
166	166	18 and time; and (4) at least 6 hours of training focused on
167	167	19 high-risk traffic stops. The curriculum for permanent law
168	168	20 enforcement officers shall include, but not be limited to:
169	169	21 (1) refresher and in-service training in any of the
170	170	22 courses listed above in this subparagraph, (2) advanced
171	171	23 courses in any of the subjects listed above in this
172	172	24 subparagraph, (3) training for supervisory personnel, and
173	173	25 (4) specialized training in subjects and fields to be
174	174	26 selected by the board. The training in the use of
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185	185	1 electronic control devices shall be conducted for
186	186	2 probationary law enforcement officers, including
187	187	3 University police officers. The curriculum shall also
188	188	4 include training on the use of a firearms restraining
189	189	5 order by providing instruction on the process used to file
190	190	6 a firearms restraining order and how to identify
191	191	7 situations in which a firearms restraining order is
192	192	8 appropriate.
193	193	9 b. Minimum courses of study, attendance requirements
194	194	10 and equipment requirements.
195	195	11 c. Minimum requirements for instructors.
196	196	12 d. Minimum basic training requirements, which a
197	197	13 probationary law enforcement officer must satisfactorily
198	198	14 complete before being eligible for permanent employment as
199	199	15 a local law enforcement officer for a participating local
200	200	16 governmental or State governmental agency. Those
201	201	17 requirements shall include training in first aid
202	202	18 (including cardiopulmonary resuscitation).
203	203	19 e. Minimum basic training requirements, which a
204	204	20 probationary county corrections officer must
205	205	21 satisfactorily complete before being eligible for
206	206	22 permanent employment as a county corrections officer for a
207	207	23 participating local governmental agency.
208	208	24 f. Minimum basic training requirements which a
209	209	25 probationary court security officer must satisfactorily
210	210	26 complete before being eligible for permanent employment as
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221	221	1 a court security officer for a participating local
222	222	2 governmental agency. The Board shall establish those
223	223	3 training requirements which it considers appropriate for
224	224	4 court security officers and shall certify schools to
225	225	5 conduct that training.
226	226	6 A person hired to serve as a court security officer
227	227	7 must obtain from the Board a certificate (i) attesting to
228	228	8 the officer's successful completion of the training
229	229	9 course; (ii) attesting to the officer's satisfactory
230	230	10 completion of a training program of similar content and
231	231	11 number of hours that has been found acceptable by the
232	232	12 Board under the provisions of this Act; or (iii) attesting
233	233	13 to the Board's determination that the training course is
234	234	14 unnecessary because of the person's extensive prior law
235	235	15 enforcement experience.
236	236	16 Individuals who currently serve as court security
237	237	17 officers shall be deemed qualified to continue to serve in
238	238	18 that capacity so long as they are certified as provided by
239	239	19 this Act within 24 months of June 1, 1997 (the effective
240	240	20 date of Public Act 89-685). Failure to be so certified,
241	241	21 absent a waiver from the Board, shall cause the officer to
242	242	22 forfeit his or her position.
243	243	23 All individuals hired as court security officers on or
244	244	24 after June 1, 1997 (the effective date of Public Act
245	245	25 89-685) shall be certified within 12 months of the date of
246	246	26 their hire, unless a waiver has been obtained by the
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257	257	1 Board, or they shall forfeit their positions.
258	258	2 The Sheriff's Merit Commission, if one exists, or the
259	259	3 Sheriff's Office if there is no Sheriff's Merit
260	260	4 Commission, shall maintain a list of all individuals who
261	261	5 have filed applications to become court security officers
262	262	6 and who meet the eligibility requirements established
263	263	7 under this Act. Either the Sheriff's Merit Commission, or
264	264	8 the Sheriff's Office if no Sheriff's Merit Commission
265	265	9 exists, shall establish a schedule of reasonable intervals
266	266	10 for verification of the applicants' qualifications under
267	267	11 this Act and as established by the Board.
268	268	12 g. Minimum in-service training requirements, which a
269	269	13 law enforcement officer must satisfactorily complete every
270	270	14 3 years. Those requirements shall include constitutional
271	271	15 and proper use of law enforcement authority; procedural
272	272	16 justice; civil rights; human rights; reporting child abuse
273	273	17 and neglect; autism-informed law enforcement responses,
274	274	18 techniques, and procedures; and cultural competency,
275	275	19 including implicit bias and racial and ethnic sensitivity.
276	276	20 These trainings shall consist of at least 30 hours of
277	277	21 training every 3 years.
278	278	22 h. Minimum in-service training requirements, which a
279	279	23 law enforcement officer must satisfactorily complete at
280	280	24 least annually. Those requirements shall include law
281	281	25 updates, emergency medical response training and
282	282	26 certification, crisis intervention training, and officer
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293	293	1 wellness and mental health.
294	294	2 i. Minimum in-service training requirements as set
295	295	3 forth in Section 10.6.
296	296	4 Notwithstanding any provision of law to the contrary, the
297	297	5 changes made to this Section by Public Act 101-652, Public Act
298	298	6 102-28, and Public Act 102-694 take effect July 1, 2022.
299	299	7 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
300	300	8 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
301	301	9 7-1-23; 103-154, eff. 6-30-23; 103-949, eff. 1-1-25.)
302	302	10 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
303	303	11 Sec. 8.1. Full-time law enforcement and county corrections
304	304	12 officers.
305	305	13 (a) No person shall receive a permanent appointment as a
306	306	14 law enforcement officer or a permanent appointment as a county
307	307	15 corrections officer unless that person has been awarded,
308	308	16 within 6 months of the officer's initial full-time employment,
309	309	17 a certificate attesting to the officer's successful completion
310	310	18 of the Minimum Standards Basic Law Enforcement or County
311	311	19 Correctional Training Course as prescribed by the Board; or
312	312	20 has been awarded a certificate attesting to the officer's
313	313	21 satisfactory completion of a training program of similar
314	314	22 content and number of hours and which course has been found
315	315	23 acceptable by the Board under the provisions of this Act; or a
316	316	24 training waiver by reason of prior law enforcement or county
317	317	25 corrections experience, obtained in Illinois, in any other
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328	328	1 state, or with an agency of the federal government, the basic
329	329	2 training requirement is determined by the Board to be
330	330	3 illogical and unreasonable. Agencies seeking a reciprocity
331	331	4 waiver for training completed outside of Illinois must conduct
332	332	5 a thorough background check and provide verification of the
333	333	6 officer's prior training. After review and satisfaction of all
334	334	7 requested conditions, the officer shall be awarded an
335	335	8 equivalency certificate satisfying the requirements of this
336	336	9 Section. Within 60 days after the effective date of this
337	337	10 amendatory Act of the 103rd General Assembly, the Board shall
338	338	11 adopt uniform rules providing for a waiver process for a
339	339	12 person previously employed and qualified as a law enforcement
340	340	13 or county corrections officer under federal law or the laws of
341	341	14 any other state, or who has completed a basic law enforcement
342	342	15 officer or correctional officer academy who would be qualified
343	343	16 to be employed as a law enforcement officer or correctional
344	344	17 officer by the federal government or any other state. These
345	345	18 rules shall address the process for evaluating prior training
346	346	19 credit, a description and list of the courses typically
347	347	20 required for reciprocity candidates to complete prior to
348	348	21 taking the exam, and a procedure for employers seeking a
349	349	22 pre-activation determination for a reciprocity training
350	350	23 waiver. The rules shall provide that any eligible person
351	351	24 previously trained as a law enforcement or county corrections
352	352	25 officer under federal law or the laws of any other state shall
353	353	26 successfully complete the following prior to the approval of a
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364	364	1 waiver:
365	365	2 (1) a training program or set of coursework approved
366	366	3 by the Board on the laws of this State relevant to the
367	367	4 duties and training requirements of law enforcement and
368	368	5 county correctional officers;
369	369	6 (2) firearms training; and
370	370	7 (3) successful passage of the equivalency
371	371	8 certification examination; and .
372	372	9 (4) training under Section 10.25.
373	373	10 If such training is required and not completed within the
374	374	11 applicable 6 months, then the officer must forfeit the
375	375	12 officer's position, or the employing agency must obtain a
376	376	13 waiver from the Board extending the period for compliance.
377	377	14 Such waiver shall be issued only for good and justifiable
378	378	15 reasons, and in no case shall extend more than 90 days beyond
379	379	16 the initial 6 months. Any hiring agency that fails to train a
380	380	17 law enforcement officer within this period shall be prohibited
381	381	18 from employing this individual in a law enforcement capacity
382	382	19 for one year from the date training was to be completed. If an
383	383	20 agency again fails to train the individual a second time, the
384	384	21 agency shall be permanently barred from employing this
385	385	22 individual in a law enforcement capacity.
386	386	23 An individual who is not certified by the Board or whose
387	387	24 certified status is inactive shall not function as a law
388	388	25 enforcement officer, be assigned the duties of a law
389	389	26 enforcement officer by an employing agency, or be authorized
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400	400	1 to carry firearms under the authority of the employer, except
401	401	2 as otherwise authorized to carry a firearm under State or
402	402	3 federal law. Sheriffs who are elected as of January 1, 2022
403	403	4 (the effective date of Public Act 101-652) are exempt from the
404	404	5 requirement of certified status. Failure to be certified in
405	405	6 accordance with this Act shall cause the officer to forfeit
406	406	7 the officer's position.
407	407	8 An employing agency may not grant a person status as a law
408	408	9 enforcement officer unless the person has been granted an
409	409	10 active law enforcement officer certification by the Board.
410	410	11 (b) Inactive status. A person who has an inactive law
411	411	12 enforcement officer certification has no law enforcement
412	412	13 authority.
413	413	14 (1) A law enforcement officer's certification becomes
414	414	15 inactive upon termination, resignation, retirement, or
415	415	16 separation from the officer's employing law enforcement
416	416	17 agency for any reason. The Board shall re-activate a
417	417	18 certification upon written application from the law
418	418	19 enforcement officer's law enforcement agency that shows
419	419	20 the law enforcement officer: (i) has accepted a full-time
420	420	21 law enforcement position with that law enforcement agency,
421	421	22 (ii) is not the subject of a decertification proceeding,
422	422	23 and (iii) meets all other criteria for re-activation
423	423	24 required by the Board. The Board may also establish
424	424	25 special training requirements to be completed as a
425	425	26 condition for re-activation.
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436	436	1 The Board shall review a notice for reactivation from
437	437	2 a law enforcement agency and provide a response within 30
438	438	3 days. The Board may extend this review. A law enforcement
439	439	4 officer shall be allowed to be employed as a full-time law
440	440	5 enforcement officer while the law enforcement officer
441	441	6 reactivation waiver is under review.
442	442	7 A law enforcement officer who is refused reactivation
443	443	8 or an employing agency of a law enforcement officer who is
444	444	9 refused reactivation under this Section may request a
445	445	10 hearing in accordance with the hearing procedures as
446	446	11 outlined in subsection (h) of Section 6.3 of this Act.
447	447	12 The Board may refuse to re-activate the certification
448	448	13 of a law enforcement officer who was involuntarily
449	449	14 terminated for good cause by an employing agency for
450	450	15 conduct subject to decertification under this Act or
451	451	16 resigned or retired after receiving notice of a law
452	452	17 enforcement agency's investigation.
453	453	18 (2) A law enforcement agency may place an officer who
454	454	19 is currently certified on inactive status by sending a
455	455	20 written request to the Board. A law enforcement officer
456	456	21 whose certificate has been placed on inactive status shall
457	457	22 not function as a law enforcement officer until the
458	458	23 officer has completed any requirements for reactivating
459	459	24 the certificate as required by the Board. A request for
460	460	25 inactive status in this subsection shall be in writing,
461	461	26 accompanied by verifying documentation, and shall be
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472	472	1 submitted to the Board with a copy to the chief
473	473	2 administrator of the law enforcement officer's current or
474	474	3 new employing agency.
475	475	4 (3) Certification that has become inactive under
476	476	5 paragraph (2) of this subsection (b) shall be reactivated
477	477	6 by written notice from the law enforcement officer's
478	478	7 agency upon a showing that the law enforcement officer:
479	479	8 (i) is employed in a full-time law enforcement position
480	480	9 with the same law enforcement agency, (ii) is not the
481	481	10 subject of a decertification proceeding, and (iii) meets
482	482	11 all other criteria for re-activation required by the
483	483	12 Board.
484	484	13 (4) Notwithstanding paragraph (3) of this subsection
485	485	14 (b), a law enforcement officer whose certification has
486	486	15 become inactive under paragraph (2) may have the officer's
487	487	16 employing agency submit a request for a waiver of training
488	488	17 requirements to the Board in writing and accompanied by
489	489	18 any verifying documentation. A grant of a waiver is within
490	490	19 the discretion of the Board. Within 7 days of receiving a
491	491	20 request for a waiver under this Section, the Board shall
492	492	21 notify the law enforcement officer and the chief
493	493	22 administrator of the law enforcement officer's employing
494	494	23 agency, whether the request has been granted, denied, or
495	495	24 if the Board will take additional time for information. A
496	496	25 law enforcement agency whose request for a waiver under
497	497	26 this subsection is denied is entitled to request a review
498	498
499	499
500	500
501	501
502	502
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504	504
505	505
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508	508	1 of the denial by the Board. The law enforcement agency
509	509	2 must request a review within 20 days of the waiver being
510	510	3 denied. The burden of proof shall be on the law
511	511	4 enforcement agency to show why the law enforcement officer
512	512	5 is entitled to a waiver of the legislatively required
513	513	6 training and eligibility requirements.
514	514	7 (c) No provision of this Section shall be construed to
515	515	8 mean that a county corrections officer employed by a
516	516	9 governmental agency at the time of the effective date of this
517	517	10 amendatory Act, either as a probationary county corrections
518	518	11 officer or as a permanent county corrections officer, shall
519	519	12 require certification under the provisions of this Section. No
520	520	13 provision of this Section shall be construed to apply to
521	521	14 certification of elected county sheriffs.
522	522	15 (d) Within 14 days, a law enforcement officer shall report
523	523	16 to the Board: (1) any name change; (2) any change in
524	524	17 employment; or (3) the filing of any criminal indictment or
525	525	18 charges against the officer alleging that the officer
526	526	19 committed any offense as enumerated in Section 6.1 of this
527	527	20 Act.
528	528	21 (e) All law enforcement officers must report the
529	529	22 completion of the training requirements required in this Act
530	530	23 in compliance with Section 8.4 of this Act.
531	531	24 (e-1) Each employing law enforcement agency shall allow
532	532	25 and provide an opportunity for a law enforcement officer to
533	533	26 complete the mandated requirements in this Act. All mandated
534	534
535	535
536	536
537	537
538	538
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540	540
541	541
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543	543	HB0040 - 15 - LRB104 03559 RTM 13583 b
544	544	1 training shall be provided at no cost to the employees.
545	545	2 Employees shall be paid for all time spent attending mandated
546	546	3 training.
547	547	4 (e-2) Each agency, academy, or training provider shall
548	548	5 maintain proof of a law enforcement officer's completion of
549	549	6 legislatively required training in a format designated by the
550	550	7 Board. The report of training shall be submitted to the Board
551	551	8 within 30 days following completion of the training. A copy of
552	552	9 the report shall be submitted to the law enforcement officer.
553	553	10 Upon receipt of a properly completed report of training, the
554	554	11 Board will make the appropriate entry into the training
555	555	12 records of the law enforcement officer.
556	556	13 (f) This Section does not apply to part-time law
557	557	14 enforcement officers or probationary part-time law enforcement
558	558	15 officers.
559	559	16 (g) Notwithstanding any provision of law to the contrary,
560	560	17 the changes made to this Section by Public Act 101-652, Public
561	561	18 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
562	562	19 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
563	563	20 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
564	564	21 (50 ILCS 705/8.2)
565	565	22 Sec. 8.2. Part-time law enforcement officers.
566	566	23 (a) A person hired to serve as a part-time law enforcement
567	567	24 officer must obtain from the Board a certificate (i) attesting
568	568	25 to the officer's successful completion of the part-time police
569	569
570	570
571	571
572	572
573	573
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575	575
576	576
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578	578	HB0040 - 16 - LRB104 03559 RTM 13583 b
579	579	1 training course; (ii) attesting to the officer's satisfactory
580	580	2 completion of a training program of similar content and number
581	581	3 of hours that has been found acceptable by the Board under the
582	582	4 provisions of this Act; or (iii) a training waiver attesting
583	583	5 to the Board's determination that the part-time police
584	584	6 training course is unnecessary because of the person's prior
585	585	7 law enforcement experience obtained in Illinois, in any other
586	586	8 state, or with an agency of the federal government. A person
587	587	9 hired on or after March 14, 2002 (the effective date of Public
588	588	10 Act 92-533) this amendatory Act of the 92nd General Assembly
589	589	11 must obtain this certificate within 18 months after the
590	590	12 initial date of hire as a probationary part-time law
591	591	13 enforcement officer in the State of Illinois. The probationary
592	592	14 part-time law enforcement officer must be enrolled and
593	593	15 accepted into a Board-approved course within 6 months after
594	594	16 active employment by any department in the State. A person
595	595	17 hired on or after January 1, 1996 and before March 14, 2002
596	596	18 (the effective date of Public Act 92-533) this amendatory Act
597	597	19 of the 92nd General Assembly must obtain this certificate
598	598	20 within 18 months after the date of hire. A person hired before
599	599	21 January 1, 1996 must obtain this certificate within 24 months
600	600	22 after January 1, 1996 (the effective date of Public Act
601	601	23 89-170) this amendatory Act of 1995. Agencies seeking a
602	602	24 reciprocity waiver for training completed outside of Illinois
603	603	25 must conduct a thorough background check and provide
604	604	26 verification of the officer's prior training. After review and
605	605
606	606
607	607
608	608
609	609
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611	611
612	612
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614	614	HB0040 - 17 - LRB104 03559 RTM 13583 b
615	615	1 satisfaction of all requested conditions, the officer shall be
616	616	2 awarded an equivalency certificate satisfying the requirements
617	617	3 of this Section. Within 60 days after January 1, 2024 (the
618	618	4 effective date of Public Act 103-389) this amendatory Act of
619	619	5 the 103rd General Assembly, the Board shall adopt uniform
620	620	6 rules providing for a waiver process for a person previously
621	621	7 employed and qualified as a law enforcement or county
622	622	8 corrections officer under federal law or the laws of any other
623	623	9 state, or who has completed a basic law enforcement officer or
624	624	10 correctional officer academy who would be qualified to be
625	625	11 employed as a law enforcement officer or correctional officer
626	626	12 by the federal government or any other state. These rules
627	627	13 shall address the process for evaluating prior training
628	628	14 credit, a description and list of the courses typically
629	629	15 required for reciprocity candidates to complete prior to
630	630	16 taking the exam, and a procedure for employers seeking a
631	631	17 pre-activation determination for a reciprocity training
632	632	18 waiver. The rules shall provide that any eligible person
633	633	19 previously trained as a law enforcement or county corrections
634	634	20 officer under federal law or the laws of any other state shall
635	635	21 successfully complete the following prior to the approval of a
636	636	22 waiver:
637	637	23 (1) a training program or set of coursework approved
638	638	24 by the Board on the laws of this State relevant to the
639	639	25 duties and training requirements of law enforcement and
640	640	26 county correctional officers;
641	641
642	642
643	643
644	644
645	645
646	646	HB0040 - 17 - LRB104 03559 RTM 13583 b
647	647
648	648
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650	650	HB0040 - 18 - LRB104 03559 RTM 13583 b
651	651	1 (2) firearms training; and
652	652	2 (3) successful passage of the equivalency
653	653	3 certification examination; and .
654	654	4 (4) training under Section 10.25.
655	655	5 The employing agency may seek an extension waiver from the
656	656	6 Board extending the period for compliance. An extension waiver
657	657	7 shall be issued only for good and justifiable reasons, and the
658	658	8 probationary part-time law enforcement officer may not
659	659	9 practice as a part-time law enforcement officer during the
660	660	10 extension waiver period. If training is required and not
661	661	11 completed within the applicable time period, as extended by
662	662	12 any waiver that may be granted, then the officer must forfeit
663	663	13 the officer's position.
664	664	14 An individual who is not certified by the Board or whose
665	665	15 certified status is inactive shall not function as a law
666	666	16 enforcement officer, be assigned the duties of a law
667	667	17 enforcement officer by an agency, or be authorized to carry
668	668	18 firearms under the authority of the employer, except that
669	669	19 sheriffs who are elected are exempt from the requirement of
670	670	20 certified status. Failure to be in accordance with this Act
671	671	21 shall cause the officer to forfeit the officer's position.
672	672	22 (a-5) A part-time probationary law enforcement officer
673	673	23 shall be allowed to complete 6 six months of a part-time police
674	674	24 training course and function as a law enforcement officer as
675	675	25 permitted by this subsection with a waiver from the Board,
676	676	26 provided the part-time law enforcement officer is still
677	677
678	678
679	679
680	680
681	681
682	682	HB0040 - 18 - LRB104 03559 RTM 13583 b
683	683
684	684
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686	686	HB0040 - 19 - LRB104 03559 RTM 13583 b
687	687	1 enrolled in the training course. If the part-time probationary
688	688	2 law enforcement officer withdraws from the course for any
689	689	3 reason or does not complete the course within the applicable
690	690	4 time period, as extended by any waiver that may be granted,
691	691	5 then the officer must forfeit the officer's position. A
692	692	6 probationary law enforcement officer must function under the
693	693	7 following rules:
694	694	8 (1) A law enforcement agency may not grant a person
695	695	9 status as a law enforcement officer unless the person has
696	696	10 been granted an active law enforcement officer
697	697	11 certification by the Board.
698	698	12 (2) A part-time probationary law enforcement officer
699	699	13 shall not be used as a permanent replacement for a
700	700	14 full-time law enforcement officer.
701	701	15 (3) A part-time probationary law enforcement officer
702	702	16 shall be directly supervised at all times by a
703	703	17 Board-certified Board certified law enforcement officer.
704	704	18 Direct supervision requires oversight and control with the
705	705	19 supervisor having final decision-making authority as to
706	706	20 the actions of the recruit during duty hours.
707	707	21 (b) Inactive status. A person who has an inactive law
708	708	22 enforcement officer certification has no law enforcement
709	709	23 authority.
710	710	24 (1) A law enforcement officer's certification becomes
711	711	25 inactive upon termination, resignation, retirement, or
712	712	26 separation from the employing agency for any reason. The
713	713
714	714
715	715
716	716
717	717
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719	719
720	720
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723	723	1 Board shall reactivate re-activate a certification upon
724	724	2 written application from the law enforcement officer's
725	725	3 employing agency that shows the law enforcement officer:
726	726	4 (i) has accepted a part-time law enforcement position with
727	727	5 that a law enforcement agency, (ii) is not the subject of a
728	728	6 decertification proceeding, and (iii) meets all other
729	729	7 criteria for reactivation re-activation required by the
730	730	8 Board.
731	731	9 The Board may refuse to reactivate re-activate the
732	732	10 certification of a law enforcement officer who was
733	733	11 involuntarily terminated for good cause by the officer's
734	734	12 employing agency for conduct subject to decertification
735	735	13 under this Act or resigned or retired after receiving
736	736	14 notice of a law enforcement agency's investigation.
737	737	15 (2) A law enforcement agency may place an officer who
738	738	16 is currently certified on inactive status by sending a
739	739	17 written request to the Board. A law enforcement officer
740	740	18 whose certificate has been placed on inactive status shall
741	741	19 not function as a law enforcement officer until the
742	742	20 officer has completed any requirements for reactivating
743	743	21 the certificate as required by the Board. A request for
744	744	22 inactive status in this subsection shall be in writing,
745	745	23 accompanied by verifying documentation, and shall be
746	746	24 submitted to the Board by the law enforcement officer's
747	747	25 employing agency.
748	748	26 (3) Certification that has become inactive under
749	749
750	750
751	751
752	752
753	753
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755	755
756	756
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758	758	HB0040 - 21 - LRB104 03559 RTM 13583 b
759	759	1 paragraph (2) of this subsection (b), shall be reactivated
760	760	2 by written notice from the law enforcement officer's law
761	761	3 enforcement agency upon a showing that the law enforcement
762	762	4 officer is: (i) employed in a part-time law enforcement
763	763	5 position with the same law enforcement agency, (ii) not
764	764	6 the subject of a decertification proceeding, and (iii)
765	765	7 meets all other criteria for reactivation re-activation
766	766	8 required by the Board. The Board may also establish
767	767	9 special training requirements to be completed as a
768	768	10 condition for reactivation re-activation.
769	769	11 The Board shall review a notice for reactivation from
770	770	12 a law enforcement agency and provide a response within 30
771	771	13 days. The Board may extend this review. A law enforcement
772	772	14 officer shall be allowed to be employed as a part-time law
773	773	15 enforcement officer while the law enforcement officer
774	774	16 reactivation waiver is under review.
775	775	17 A law enforcement officer who is refused reactivation
776	776	18 or an employing agency of a law enforcement officer who is
777	777	19 refused reactivation under this Section may request a
778	778	20 hearing in accordance with the hearing procedures as
779	779	21 outlined in subsection (h) of Section 6.3 of this Act.
780	780	22 (4) Notwithstanding paragraph (3) of this Section, a
781	781	23 law enforcement officer whose certification has become
782	782	24 inactive under paragraph (2) may have the officer's
783	783	25 employing agency submit a request for a waiver of training
784	784	26 requirements to the Board in writing and accompanied by
785	785
786	786
787	787
788	788
789	789
790	790	HB0040 - 21 - LRB104 03559 RTM 13583 b
791	791
792	792
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795	795	1 any verifying documentation. A grant of a waiver is within
796	796	2 the discretion of the Board. Within 7 days of receiving a
797	797	3 request for a waiver under this section, the Board shall
798	798	4 notify the law enforcement officer and the chief
799	799	5 administrator of the law enforcement officer's employing
800	800	6 agency, whether the request has been granted, denied, or
801	801	7 if the Board will take additional time for information. A
802	802	8 law enforcement agency or law enforcement officer, whose
803	803	9 request for a waiver under this subsection is denied, is
804	804	10 entitled to request a review of the denial by the Board.
805	805	11 The law enforcement agency must request a review within 20
806	806	12 days after the waiver being denied. The burden of proof
807	807	13 shall be on the law enforcement agency to show why the law
808	808	14 enforcement officer is entitled to a waiver of the
809	809	15 legislatively required training and eligibility
810	810	16 requirements.
811	811	17 (c) The part-time police training course referred to in
812	812	18 this Section shall be of similar content and the same number of
813	813	19 hours as the courses for full-time officers and shall be
814	814	20 provided by Mobile Team In-Service Training Units under the
815	815	21 Intergovernmental Law Enforcement Officer's In-Service
816	816	22 Training Act or by another approved program or facility in a
817	817	23 manner prescribed by the Board.
818	818	24 (d) Within 14 days, a law enforcement officer shall report
819	819	25 to the Board: (1) any name change; (2) any change in
820	820	26 employment; or (3) the filing of any criminal indictment or
821	821
822	822
823	823
824	824
825	825
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827	827
828	828
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831	831	1 charges against the officer alleging that the officer
832	832	2 committed any offense as enumerated in Section 6.1 of this
833	833	3 Act.
834	834	4 (e) All law enforcement officers must report the
835	835	5 completion of the training requirements required in this Act
836	836	6 in compliance with Section 8.4 of this Act.
837	837	7 (e-1) Each employing agency shall allow and provide an
838	838	8 opportunity for a law enforcement officer to complete the
839	839	9 requirements in this Act. All mandated training shall be
840	840	10 provided for at no cost to the employees. Employees shall be
841	841	11 paid for all time spent attending mandated training.
842	842	12 (e-2) Each agency, academy, or training provider shall
843	843	13 maintain proof of a law enforcement officer's completion of
844	844	14 legislatively required training in a format designated by the
845	845	15 Board. The report of training shall be submitted to the Board
846	846	16 within 30 days following completion of the training. A copy of
847	847	17 the report shall be submitted to the law enforcement officer.
848	848	18 Upon receipt of a properly completed report of training, the
849	849	19 Board will make the appropriate entry into the training
850	850	20 records of the law enforcement officer.
851	851	21 (f) For the purposes of this Section, the Board shall
852	852	22 adopt rules defining what constitutes employment on a
853	853	23 part-time basis.
854	854	24 (g) Notwithstanding any provision of law to the contrary,
855	855	25 the changes made to this Section by Public Act 102-694 this
856	856	26 amendatory Act of the 102nd General Assembly and Public Act
857	857
858	858
859	859
860	860
861	861
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863	863
864	864
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867	867	1 101-652 take effect July 1, 2022.
868	868	2 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24;
869	869	3 revised 7-29-24.)
870	870	4 (50 ILCS 705/10.27 new)
871	871	5 Sec. 10.27. Training; crimes motivated by bias.
872	872	6 (a) The Board must approve at least one training course to
873	873	7 assist law enforcement officers in identifying, responding to,
874	874	8 and reporting crimes committed in whole or in substantial part
875	875	9 because of the victim's or another's actual or perceived race,
876	876	10 color, ethnicity, religion, sex, gender, sexual orientation,
877	877	11 gender identity, gender expression, age, national origin, or
878	878	12 disability, or because of the victim's actual or perceived
879	879	13 association with another person or group of a certain actual
880	880	14 or perceived race, color, ethnicity, religion, sex, gender,
881	881	15 sexual orientation, gender identity, gender expression, age,
882	882	16 national origin, or disability.
883	883	17 Each course must include material to help officers
884	884	18 distinguish bias crimes from other crimes, to help officers in
885	885	19 understanding and assisting victims of these crimes, and to
886	886	20 ensure that bias crimes will be accurately reported. The Board
887	887	21 must review the approved course or courses every 3 years and
888	888	22 update the approved courses.
889	889	23 In updating the approved training courses described in
890	890	24 this subsection, the Board must consult and may incorporate
891	891	25 input from the Commission on Discrimination and Hate Crimes.
892	892
893	893
894	894
895	895
896	896
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898	898
899	899
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902	902
903	903
904	904
905	905
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