Illinois 2025-2026 Regular Session

Illinois House Bill HB3174 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 HB3174 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 50 ILCS 705/9.255 ILCS 5/3-9005 from Ch. 34, par. 3-9005 Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately. LRB104 05065 RTM 15093 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3174 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED: 50 ILCS 705/9.255 ILCS 5/3-9005 from Ch. 34, par. 3-9005 50 ILCS 705/9.2 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005 Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately. LRB104 05065 RTM 15093 b LRB104 05065 RTM 15093 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3174 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
3	3	50 ILCS 705/9.255 ILCS 5/3-9005 from Ch. 34, par. 3-9005 50 ILCS 705/9.2 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
4	4	50 ILCS 705/9.2
5	5	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
6	6	Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning local government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Police Training Act is amended by
16	16	5 changing Section 9.2 as follows:
17	17	6 (50 ILCS 705/9.2)
18	18	7 Sec. 9.2. Officer professional conduct database;
19	19	8 transparency.
20	20	9 (a) All law enforcement agencies and the Illinois State
21	21	10 Police shall notify the Board of any final determination of a
22	22	11 willful violation of department, agency, or the Illinois State
23	23	12 Police policy, official misconduct, or violation of law within
24	24	13 10 days when:
25	25	14 (1) the determination leads to a suspension of at
26	26	15 least 10 days;
27	27	16 (2) any infraction that would trigger an official or
28	28	17 formal investigation under a law enforcement agency or the
29	29	18 Illinois State Police policy;
30	30	19 (3) there is an allegation of misconduct or regarding
31	31	20 truthfulness as to a material fact, bias, or integrity; or
32	32	21 (4) the officer resigns or retires during the course
33	33	22 of an investigation and the officer has been served notice
34	34	23 that the officer is under investigation.
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3174 Introduced , by Rep. Jennifer Gong-Gershowitz SYNOPSIS AS INTRODUCED:
39	39	50 ILCS 705/9.255 ILCS 5/3-9005 from Ch. 34, par. 3-9005 50 ILCS 705/9.2 55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
40	40	50 ILCS 705/9.2
41	41	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
42	42	Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately.
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45	45	A BILL FOR
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51	51	50 ILCS 705/9.2
52	52	55 ILCS 5/3-9005 from Ch. 34, par. 3-9005
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71	71	1 Agencies and the Illinois State Police may report to the
72	72	2 Board any conduct they deem appropriate to disseminate to
73	73	3 another law enforcement agency regarding a law enforcement
74	74	4 officer.
75	75	5 The agency or the Illinois State Police shall report to
76	76	6 the Board within 10 days of a final determination and final
77	77	7 exhaustion of any administrative appeal, or the law
78	78	8 enforcement officer's resignation or retirement, and shall
79	79	9 provide information regarding the nature of the violation.
80	80	10 This notification shall not necessarily trigger certification
81	81	11 review.
82	82	12 A law enforcement agency and the Illinois State Police
83	83	13 shall be immune from liability for a disclosure made as
84	84	14 described in this subsection, unless the disclosure would
85	85	15 constitute intentional misrepresentation or gross negligence.
86	86	16 (b) Within 14 days after receiving notification from a law
87	87	17 enforcement agency or the Illinois State Police, the Board
88	88	18 must notify the law enforcement officer of the report and the
89	89	19 officer's right to provide a statement regarding the reported
90	90	20 violation. The law enforcement officer shall have 14 days from
91	91	21 receiving notice to provide a written objection contesting
92	92	22 information included in the agency's report. The objection
93	93	23 must be filed with the Board on a form prescribed by the Board
94	94	24 and a copy must be served on the law enforcement agency. The
95	95	25 objection shall remain in the database with the reported
96	96	26 violation.
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107	107	1 (c) The Board shall maintain a database readily available
108	108	2 to any chief administrative officer, or the officer's
109	109	3 designee, of a law enforcement agency and the Illinois State
110	110	4 Police that shall show for each law enforcement officer: (i)
111	111	5 dates of certification, decertification, and inactive status;
112	112	6 (ii) each sustained instance of departmental misconduct that
113	113	7 lead to a suspension at least 10 days or any infraction that
114	114	8 would trigger an official or formal investigation under the
115	115	9 law enforcement agency policy, any allegation of misconduct
116	116	10 regarding truthfulness as to a material fact, bias, or
117	117	11 integrity, or any other reported violation, the nature of the
118	118	12 violation, the reason for the final decision of discharge or
119	119	13 dismissal, and any statement provided by the officer; (iii)
120	120	14 date of separation from employment from any local or state law
121	121	15 enforcement agency; (iv) the reason for separation from
122	122	16 employment, including, but not limited to: whether the
123	123	17 separation was based on misconduct or occurred while the law
124	124	18 enforcement agency was conducting an investigation of the
125	125	19 certified individual for a violation of an employing agency's
126	126	20 rules, policy or procedure or other misconduct or improper
127	127	21 action.
128	128	22 (1) This database shall also be accessible to the
129	129	23 State's Attorney of any county in this State and the
130	130	24 Attorney General for the purpose of complying with
131	131	25 obligations under Brady v. Maryland (373 U.S. 83) or
132	132	26 Giglio v. United States (405 U.S. 150). This database
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143	143	1 shall also be accessible to the chief administrative
144	144	2 officer of any law enforcement agency for the purposes of
145	145	3 hiring law enforcement officers. This database shall not
146	146	4 be accessible to anyone not listed in this subsection. The
147	147	5 Board shall record in the database whether or not an
148	148	6 officer has been reported by a State's Attorney as being
149	149	7 uncredible for the presentation of testimony.
150	150	8 (2) Before a law enforcement agency may appoint a law
151	151	9 enforcement officer or a person seeking a certification as
152	152	10 a law enforcement officer in this State, the chief
153	153	11 administrative officer or designee must check the Officer
154	154	12 Professional Conduct Database, contact each person's
155	155	13 previous law enforcement employers, and document the
156	156	14 contact. This documentation must be available for review
157	157	15 by the Board for a minimum of five years after the law
158	158	16 enforcement officer's termination, retirement,
159	159	17 resignation or separation with that agency.
160	160	18 (3) The database, documents, materials, or other
161	161	19 information in the possession or control of the Board that
162	162	20 are obtained by or disclosed to the Board under this
163	163	21 subsection shall be confidential by law and privileged,
164	164	22 shall not be subject to subpoena, and shall not be subject
165	165	23 to discovery or admissible in evidence in any private
166	166	24 civil action when sought from the Board. However, the
167	167	25 Board is authorized to use such documents, materials, or
168	168	26 other information in furtherance of any regulatory or
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179	179	1 legal action brought as part of the Board's official
180	180	2 duties. The Board shall not disclose the database or make
181	181	3 such documents, materials, or other information it has
182	182	4 obtained or that has been disclosed to it to the public.
183	183	5 Neither the Board nor any person who received documents,
184	184	6 materials or other information shared under this
185	185	7 subsection shall be required to testify in any private
186	186	8 civil action concerning the database or any confidential
187	187	9 documents, materials, or information subject to this
188	188	10 subsection.
189	189	11 (d) The Board shall maintain a searchable database of law
190	190	12 enforcement officers accessible to the public that shall
191	191	13 include: (i) the law enforcement officer's employing agency;
192	192	14 (ii) the date of the officer's initial certification and the
193	193	15 officer's current certification status; and (iii) any
194	194	16 sustained complaint of misconduct that resulted in
195	195	17 decertification and the date thereof; provided, however, that
196	196	18 information shall not be included in the database that would
197	197	19 allow the public to ascertain the home address of an officer or
198	198	20 another person; provided further, that information regarding
199	199	21 an officer's or another person's family member shall not be
200	200	22 included in the database. The Board shall make the database
201	201	23 publicly available on its website.
202	202	24 (e) The Board shall maintain a searchable database of all
203	203	25 completed investigations against law enforcement officers
204	204	26 related to decertification. The database shall identify each
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215	215	1 law enforcement officer by a confidential and anonymous number
216	216	2 and include: (i) the law enforcement officer's employing
217	217	3 agency; (ii) the date of the incident referenced in the
218	218	4 complaint; (iii) the location of the incident; (iv) the race
219	219	5 and ethnicity of each officer involved in the incident; (v)
220	220	6 the age, gender, race and ethnicity of each person involved in
221	221	7 the incident, if known; (vi) whether a person in the
222	222	8 complaint, including a law enforcement officer, was injured,
223	223	9 received emergency medical care, was hospitalized or died as a
224	224	10 result of the incident; (vii) the law enforcement agency or
225	225	11 other entity assigned to conduct an investigation of the
226	226	12 incident; (viii) when the investigation was completed; (ix)
227	227	13 whether the complaint was sustained; and (x) the type of
228	228	14 misconduct investigated; provided, however, that the Board
229	229	15 shall redact or withhold such information as necessary to
230	230	16 prevent the disclosure of the identity of an officer. The
231	231	17 Board shall make the database publicly available on its
232	232	18 website.
233	233	19 (e-1) An investigation is complete when the investigation
234	234	20 has either been terminated or the decertification action,
235	235	21 including the administrative review process, has been
236	236	22 completed, whichever is later.
237	237	23 (e-2) At any time, a law enforcement officer shall have
238	238	24 access to the law enforcement officer's own records on file
239	239	25 with the Board, as it pertains to the databases in this
240	240	26 Section.
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251	251	1 (f) Annual report. The Board shall submit an annual report
252	252	2 to the Governor, Attorney General, President and Minority
253	253	3 Leader of the Senate, and the Speaker and Minority Leader of
254	254	4 the House of Representatives on or before March 1, 2023, and
255	255	5 every year thereafter indicating:
256	256	6 (1) the number of complaints received in the preceding
257	257	7 calendar year, including but not limited to the race,
258	258	8 gender, and type of discretionary decertification
259	259	9 complaints received;
260	260	10 (2) the number of investigations initiated in the
261	261	11 preceding calendar year since the date of the last report;
262	262	12 (3) the number of investigations concluded in the
263	263	13 preceding calendar year;
264	264	14 (4) the number of investigations pending as of the
265	265	15 last date of the preceding calendar year;
266	266	16 (5) the number of hearings held in the preceding
267	267	17 calendar year; and
268	268	18 (6) the number of officers decertified in the
269	269	19 preceding calendar year.
270	270	20 The annual report shall be publicly available on the
271	271	21 website of the Board.
272	272	22 (g) Nothing in this Section shall exempt a law enforcement
273	273	23 agency from which the Board has obtained data, documents,
274	274	24 materials, or other information or that has disclosed data,
275	275	25 documents, materials, or other information to the Board from
276	276	26 disclosing public records in accordance with the Freedom of
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287	287	1 Information Act.
288	288	2 (h) Notwithstanding any provision of law to the contrary,
289	289	3 the changes made to this Section by this amendatory Act of the
290	290	4 102nd General Assembly and Public Act 101-652 take effect July
291	291	5 1, 2022.
292	292	6 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
293	293	7 Section 10. The Counties Code is amended by changing
294	294	8 Section 3-9005 as follows:
295	295	9 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
296	296	10 Sec. 3-9005. Powers and duties of State's Attorney.
297	297	11 (a) The duty of each State's Attorney shall be:
298	298	12 (1) To commence and prosecute all actions, suits,
299	299	13 indictments and prosecutions, civil and criminal, in the
300	300	14 circuit court for the county, in which the people of the
301	301	15 State or county may be concerned.
302	302	16 (2) To prosecute all forfeited bonds and
303	303	17 recognizances, and all actions and proceedings for the
304	304	18 recovery of debts, revenues, moneys, fines, penalties and
305	305	19 forfeitures accruing to the State or the county, or to any
306	306	20 school district or road district in the county; also, to
307	307	21 prosecute all suits in the county against railroad or
308	308	22 transportation companies, which may be prosecuted in the
309	309	23 name of the People of the State of Illinois.
310	310	24 (3) To commence and prosecute all actions and
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321	321	1 proceedings brought by any county officer in the county
322	322	2 officer's official capacity.
323	323	3 (4) To defend all actions and proceedings brought
324	324	4 against the county, or against any county or State
325	325	5 officer, in the county or State officer's official
326	326	6 capacity, within the county.
327	327	7 (5) To attend the examination of all persons brought
328	328	8 before any judge on habeas corpus, when the prosecution is
329	329	9 in the county.
330	330	10 (6) To attend before judges and prosecute charges of
331	331	11 felony or misdemeanor, for which the offender is required
332	332	12 to be recognized to appear before the circuit court, when
333	333	13 in the State's Attorney's power so to do.
334	334	14 (7) To give the State's Attorney's opinion, without
335	335	15 fee or reward, to any county officer in the county, upon
336	336	16 any question or law relating to any criminal or other
337	337	17 matter, in which the people or the county may be
338	338	18 concerned.
339	339	19 (8) To assist the Attorney General whenever it may be
340	340	20 necessary, and in cases of appeal from the county to the
341	341	21 Supreme Court, to which it is the duty of the Attorney
342	342	22 General to attend, the State's Attorney shall furnish the
343	343	23 Attorney General at least 10 days before such is due to be
344	344	24 filed, a manuscript of a proposed statement, brief and
345	345	25 argument to be printed and filed on behalf of the people,
346	346	26 prepared in accordance with the rules of the Supreme
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357	357	1 Court. However, if such brief, argument or other document
358	358	2 is due to be filed by law or order of court within this
359	359	3 10-day period, then the State's Attorney shall furnish
360	360	4 such as soon as may be reasonable.
361	361	5 (9) To pay all moneys received by the State's Attorney
362	362	6 in trust, without delay, to the officer who by law is
363	363	7 entitled to the custody thereof.
364	364	8 (10) To notify, by first class mail, complaining
365	365	9 witnesses of the ultimate disposition of the cases arising
366	366	10 from an indictment or an information.
367	367	11 (11) To perform such other and further duties as may,
368	368	12 from time to time, be enjoined on the State's Attorney by
369	369	13 law.
370	370	14 (12) To appear in all proceedings by collectors of
371	371	15 taxes against delinquent taxpayers for judgments to sell
372	372	16 real estate, and see that all the necessary preliminary
373	373	17 steps have been legally taken to make the judgment legal
374	374	18 and binding.
375	375	19 (13) To notify, by first-class mail, the State
376	376	20 Superintendent of Education, the applicable regional
377	377	21 superintendent of schools, and the superintendent of the
378	378	22 employing school district or the chief school
379	379	23 administrator of the employing nonpublic school, if any,
380	380	24 upon the conviction of any individual known to possess a
381	381	25 certificate or license issued pursuant to Article 21 or
382	382	26 21B, respectively, of the School Code of any offense set
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393	393	1 forth in Section 21B-80 of the School Code or any other
394	394	2 felony conviction, providing the name of the certificate
395	395	3 holder, the fact of the conviction, and the name and
396	396	4 location of the court where the conviction occurred. The
397	397	5 certificate holder must also be contemporaneously sent a
398	398	6 copy of the notice.
399	399	7 (14) To notify the Illinois Law Enforcement Training
400	400	8 Standards Board of any officer found to be uncredible for
401	401	9 the presentation of sworn testimony.
402	402	10 (b) The State's Attorney of each county shall have
403	403	11 authority to appoint one or more special investigators to
404	404	12 serve subpoenas and summonses, make return of process, and
405	405	13 conduct investigations which assist the State's Attorney in
406	406	14 the performance of the State's Attorney duties. In counties of
407	407	15 the first and second class, the fees for service of subpoenas
408	408	16 and summonses are allowed by this Section and shall be
409	409	17 consistent with those set forth in Section 4-5001 of this Act,
410	410	18 except when increased by county ordinance as provided for in
411	411	19 Section 4-5001. In counties of the third class, the fees for
412	412	20 service of subpoenas and summonses are allowed by this Section
413	413	21 and shall be consistent with those set forth in Section
414	414	22 4-12001 of this Act. A special investigator shall not carry
415	415	23 firearms except with permission of the State's Attorney and
416	416	24 only while carrying appropriate identification indicating the
417	417	25 special investigator's employment and in the performance of
418	418	26 the special investigator's assigned duties.
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429	429	1 Subject to the qualifications set forth in this
430	430	2 subsection, special investigators shall be peace officers and
431	431	3 shall have all the powers possessed by investigators under the
432	432	4 State's Attorneys Appellate Prosecutor's Act.
433	433	5 No special investigator employed by the State's Attorney
434	434	6 shall have peace officer status or exercise police powers
435	435	7 unless the special investigator successfully completes the
436	436	8 basic police training course mandated and approved by the
437	437	9 Illinois Law Enforcement Training Standards Board or such
438	438	10 board waives the training requirement by reason of the special
439	439	11 investigator's prior law enforcement experience or training or
440	440	12 both. Any State's Attorney appointing a special investigator
441	441	13 shall consult with all affected local police agencies, to the
442	442	14 extent consistent with the public interest, if the special
443	443	15 investigator is assigned to areas within that agency's
444	444	16 jurisdiction.
445	445	17 Before a person is appointed as a special investigator,
446	446	18 the person's fingerprints shall be taken and transmitted to
447	447	19 the Department of State Police. The Department shall examine
448	448	20 its records and submit to the State's Attorney of the county in
449	449	21 which the investigator seeks appointment any conviction
450	450	22 information concerning the person on file with the Department.
451	451	23 No person shall be appointed as a special investigator if the
452	452	24 person has been convicted of a felony or other offense
453	453	25 involving moral turpitude. A special investigator shall be
454	454	26 paid a salary and be reimbursed for actual expenses incurred
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465	465	1 in performing the special investigator's assigned duties. The
466	466	2 county board shall approve the salary and actual expenses and
467	467	3 appropriate the salary and expenses in the manner prescribed
468	468	4 by law or ordinance.
469	469	5 (c) The State's Attorney may request and receive from
470	470	6 employers, labor unions, telephone companies, and utility
471	471	7 companies location information concerning putative fathers and
472	472	8 noncustodial parents for the purpose of establishing a child's
473	473	9 paternity or establishing, enforcing, or modifying a child
474	474	10 support obligation. In this subsection, "location information"
475	475	11 means information about (i) the physical whereabouts of a
476	476	12 putative father or noncustodial parent, (ii) the putative
477	477	13 father or noncustodial parent's employer, or (iii) the salary,
478	478	14 wages, and other compensation paid and the health insurance
479	479	15 coverage provided to the putative father or noncustodial
480	480	16 parent by the employer of the putative father or noncustodial
481	481	17 parent or by a labor union of which the putative father or
482	482	18 noncustodial parent is a member.
483	483	19 (d) (Blank).
484	484	20 (e) The State's Attorney shall have the authority to enter
485	485	21 into a written agreement with the Department of Revenue for
486	486	22 pursuit of civil liability under subsection (E) of Section
487	487	23 17-1 of the Criminal Code of 2012 against persons who have
488	488	24 issued to the Department checks or other orders in violation
489	489	25 of the provisions of paragraph (1) of subsection (B) of
490	490	26 Section 17-1 of the Criminal Code of 2012, with the Department
491	491
492	492
493	493
494	494
495	495
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497	497
498	498
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501	501	1 to retain the amount owing upon the dishonored check or order
502	502	2 along with the dishonored check fee imposed under the Uniform
503	503	3 Penalty and Interest Act, with the balance of damages, fees,
504	504	4 and costs collected under subsection (E) of Section 17-1 of
505	505	5 the Criminal Code of 2012 or under Section 17-1a of that Code
506	506	6 to be retained by the State's Attorney. The agreement shall
507	507	7 not affect the allocation of fines and costs imposed in any
508	508	8 criminal prosecution.
509	509	9 (f) In a county with less than 2,000,000 inhabitants, and
510	510	10 only upon receipt of a written request by the superintendent
511	511	11 of the county Veterans Assistance Commission for the county in
512	512	12 which the State's Attorney is located, the State's Attorney
513	513	13 shall have the discretionary authority to render an opinion,
514	514	14 without fee or reward, upon any question of law relating to a
515	515	15 matter in which the county Veterans Assistance Commission may
516	516	16 be concerned. The State's Attorney shall have the discretion
517	517	17 to grant or decline such a request.
518	518	18 (Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
519	519
520	520
521	521
522	522
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