Illinois 2025-2026 Regular Session

Illinois House Bill HB3641 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 HB3641 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether an applicant has met the requirements of the Act and is qualified to be employed as a law enforcement officer and issue a certificate to applicants qualified to be employed as a law enforcement officer. Provides that the Board may hire investigators for the purposes of complying with the Act. Provides that the Board's investigators shall be law enforcement officers. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn law enforcement officer in the State. Provides that any complaint filed against the Board's investigators shall be investigated by the Illinois State Police. Provides that the Board shall create, within the Board, a Statewide Enforcement Unit. Provides that the Statewide Enforcement Unit shall be responsible for the investigation of matters concerning automatic and discretionary decertification of full-time and part-time law enforcement officers, and the prosecution of matters under those provisions. Provides that before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in the State, the chief executive officer, sheriff, appointing authority, or designee must: (1) perform a criminal background check including reviewing criminal history and national decertification indices, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, including the outcome of any investigation regardless of the result, and the reason for separation from employment; (2) check the Officer Professional Conduct Database; (3) verify from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists; and (4) inquire into whether the applicant has any past or present affiliations with terrorist organizations. Makes other changes. LRB104 12151 RTM 22250 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3641 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether an applicant has met the requirements of the Act and is qualified to be employed as a law enforcement officer and issue a certificate to applicants qualified to be employed as a law enforcement officer. Provides that the Board may hire investigators for the purposes of complying with the Act. Provides that the Board's investigators shall be law enforcement officers. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn law enforcement officer in the State. Provides that any complaint filed against the Board's investigators shall be investigated by the Illinois State Police. Provides that the Board shall create, within the Board, a Statewide Enforcement Unit. Provides that the Statewide Enforcement Unit shall be responsible for the investigation of matters concerning automatic and discretionary decertification of full-time and part-time law enforcement officers, and the prosecution of matters under those provisions. Provides that before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in the State, the chief executive officer, sheriff, appointing authority, or designee must: (1) perform a criminal background check including reviewing criminal history and national decertification indices, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, including the outcome of any investigation regardless of the result, and the reason for separation from employment; (2) check the Officer Professional Conduct Database; (3) verify from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists; and (4) inquire into whether the applicant has any past or present affiliations with terrorist organizations. Makes other changes. LRB104 12151 RTM 22250 b LRB104 12151 RTM 22250 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3641 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether an applicant has met the requirements of the Act and is qualified to be employed as a law enforcement officer and issue a certificate to applicants qualified to be employed as a law enforcement officer. Provides that the Board may hire investigators for the purposes of complying with the Act. Provides that the Board's investigators shall be law enforcement officers. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn law enforcement officer in the State. Provides that any complaint filed against the Board's investigators shall be investigated by the Illinois State Police. Provides that the Board shall create, within the Board, a Statewide Enforcement Unit. Provides that the Statewide Enforcement Unit shall be responsible for the investigation of matters concerning automatic and discretionary decertification of full-time and part-time law enforcement officers, and the prosecution of matters under those provisions. Provides that before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in the State, the chief executive officer, sheriff, appointing authority, or designee must: (1) perform a criminal background check including reviewing criminal history and national decertification indices, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, including the outcome of any investigation regardless of the result, and the reason for separation from employment; (2) check the Officer Professional Conduct Database; (3) verify from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists; and (4) inquire into whether the applicant has any past or present affiliations with terrorist organizations. Makes other changes.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning local 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 Illinois Police Training Act is amended by
15	15	5 changing Sections 2, 6, 6.1, 6.2-5, 6.3, 8.1, 8.2, 8.3, and 9.2
16	16	6 and by adding Section 6.4 as follows:
17	17	7 (50 ILCS 705/2) (from Ch. 85, par. 502)
18	18	8 Sec. 2. Definitions. As used in this Act, unless the
19	19	9 context otherwise requires:
20	20	10 "Applicant" means an individual who applies to the Board
21	21	11 to become certified as a law enforcement officer.
22	22	12 "Board" means the Illinois Law Enforcement Training
23	23	13 Standards Board.
24	24	14 "Criminal organization" has the meaning given to "gang" as
25	25	15 that term is defined in Section 10 of the Illinois Streetgang
26	26	16 Terrorism Omnibus Prevention Act.
27	27	17 "Full-time law enforcement officer" means a law
28	28	18 enforcement officer who has completed the officer's
29	29	19 probationary period and is employed on a full-time basis as a
30	30	20 law enforcement officer by a local government agency, State
31	31	21 government agency, or as a campus police officer by a
32	32	22 university, college, or community college.
33	33	23 "Hate group" means an organization or group that, based
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3641 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether an applicant has met the requirements of the Act and is qualified to be employed as a law enforcement officer and issue a certificate to applicants qualified to be employed as a law enforcement officer. Provides that the Board may hire investigators for the purposes of complying with the Act. Provides that the Board's investigators shall be law enforcement officers. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn law enforcement officer in the State. Provides that any complaint filed against the Board's investigators shall be investigated by the Illinois State Police. Provides that the Board shall create, within the Board, a Statewide Enforcement Unit. Provides that the Statewide Enforcement Unit shall be responsible for the investigation of matters concerning automatic and discretionary decertification of full-time and part-time law enforcement officers, and the prosecution of matters under those provisions. Provides that before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in the State, the chief executive officer, sheriff, appointing authority, or designee must: (1) perform a criminal background check including reviewing criminal history and national decertification indices, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, including the outcome of any investigation regardless of the result, and the reason for separation from employment; (2) check the Officer Professional Conduct Database; (3) verify from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists; and (4) inquire into whether the applicant has any past or present affiliations with terrorist organizations. Makes other changes.
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43	43	A BILL FOR
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49	49	See Index
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68	68	1 upon its statements, principles, or activities, supports,
69	69	2 advocates for, threatens, practices, or incites discrimination
70	70	3 toward, genocide of, or violence toward, actual or perceived:
71	71	4 race, color, creed, religion, ancestry, gender, sexual
72	72	5 orientation, physical or mental disability, citizenship,
73	73	6 immigration status, or national origin of another individual
74	74	7 or group of individuals,
75	75	8 "Law Enforcement agency" means any entity with statutory
76	76	9 police powers and the ability to employ individuals authorized
77	77	10 to make arrests. It does not include the Illinois State Police
78	78	11 as defined in the State Police Act. A law enforcement agency
79	79	12 may include any university, college, or community college.
80	80	13 "Local law enforcement agency" means any law enforcement
81	81	14 unit of government or municipal corporation in this State. It
82	82	15 does not include the State of Illinois or any office, officer,
83	83	16 department, division, bureau, board, commission, or agency of
84	84	17 the State, except that it does include a State-controlled
85	85	18 university, college or public community college.
86	86	19 "State law enforcement agency" means any law enforcement
87	87	20 agency of this State. This includes any office, officer,
88	88	21 department, division, bureau, board, commission, or agency of
89	89	22 the State. It does not include the Illinois State Police as
90	90	23 defined in the State Police Act.
91	91	24 "Outwardly facing social media activity" means all
92	92	25 content, interaction, or other involvement on or in connection
93	93	26 with an individual's presence on a social media account that
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104	104	1 is available or otherwise visible or accessible to other users
105	105	2 of that social media provider. "Outwardly facing social media
106	106	3 activity" includes social media activity that is available or
107	107	4 otherwise visible or accessible only to users approved by the
108	108	5 individual's account, including, but not limited to posts and
109	109	6 comments containing words, images, or both, reactions to posts
110	110	7 or comments by other users, or sharing posts or comments by
111	111	8 other users. "Outwardly facing social media activity" does not
112	112	9 include private or direct messages on a social media platform.
113	113	10 "Panel" means the Certification Review Panel.
114	114	11 "Participated with" means active and direct involvement
115	115	12 in, affiliation with, coordination or facilitation of, or
116	116	13 advocating for or supporting the goals or activities of a
117	117	14 group.
118	118	15 "Basic training school" means any school located within
119	119	16 the State of Illinois whether privately or publicly owned
120	120	17 which offers a course in basic law enforcement or county
121	121	18 corrections training and has been approved by the Board.
122	122	19 "Probationary police officer" means a recruit law
123	123	20 enforcement officer required to successfully complete initial
124	124	21 minimum basic training requirements at a basic training school
125	125	22 to be eligible for permanent full-time employment as a local
126	126	23 law enforcement officer.
127	127	24 "Probationary part-time police officer" means a recruit
128	128	25 part-time law enforcement officer required to successfully
129	129	26 complete initial minimum part-time training requirements to be
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140	140	1 eligible for employment on a part-time basis as a local law
141	141	2 enforcement officer.
142	142	3 "Permanent law enforcement officer" means a law
143	143	4 enforcement officer who has completed the officer's
144	144	5 probationary period and is permanently employed on a full-time
145	145	6 basis as a local law enforcement officer, as a security
146	146	7 officer, or campus police officer permanently employed by a
147	147	8 law enforcement agency.
148	148	9 "Part-time law enforcement officer" means a law
149	149	10 enforcement officer who has completed the officer's
150	150	11 probationary period and is employed on a part-time basis as a
151	151	12 law enforcement officer or as a campus police officer by a law
152	152	13 enforcement agency.
153	153	14 "Public expression of lawlessness or bias" means any
154	154	15 expression in a public forum, including on outwardly facing
155	155	16 social media, in discussion forums, in writings, or in
156	156	17 speeches, advocating for or supporting: the overthrow of
157	157	18 government; a foreign terrorist organization; a domestic
158	158	19 terrorist organization; a criminal organization; a hate group;
159	159	20 or the discrimination toward, genocide of, or violence toward,
160	160	21 any individual or group of persons based upon actual or
161	161	22 perceived: race, color, creed, religion, ancestry, gender,
162	162	23 sexual orientation, physical or mental disability,
163	163	24 citizenship, immigration status, or national origin of another
164	164	25 individual or group of individuals. "Public expression of
165	165	26 lawlessness or bias" includes the public display of any
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176	176	1 tattoo, uniform, insignia, flag, logo, or other similar symbol
177	177	2 that indicates support for the overthrow of government, a
178	178	3 foreign terrorist organization, a domestic terrorist group, a
179	179	4 criminal organization, a hate group, or discrimination toward,
180	180	5 genocide of, or violence toward any individual or group of
181	181	6 person for actual or perceived: race, color, creed, religion,
182	182	7 ancestry, gender, sexual orientation, physical or mental
183	183	8 disability, citizenship, immigration status, or national
184	184	9 origin of another individual or group of individuals. Nothing
185	185	10 in this definition is intended to infringe upon an
186	186	11 individual's rights pursuant to the First Amendment of the
187	187	12 United States Constitution.
188	188	13 "Publicly accessible components of social media accounts"
189	189	14 means all content, interaction, or other involvement on or in
190	190	15 connection with an individual's presence on a social media
191	191	16 account that is available or otherwise visible or accessible
192	192	17 to members of the public or members of the social media
193	193	18 platform, without requiring approval by the individual's
194	194	19 account.
195	195	20 "Law enforcement officer" means (i) any police officer of
196	196	21 a law enforcement agency who is primarily responsible for
197	197	22 prevention or detection of crime and the enforcement of the
198	198	23 criminal code, traffic, or highway laws of this State or any
199	199	24 political subdivision of this State or (ii) any member of a
200	200	25 police force appointed and maintained as provided in Section 2
201	201	26 of the Railroad Police Act.
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212	212	1 "Recruit" means any full-time or part-time law enforcement
213	213	2 officer or full-time county corrections officer who is
214	214	3 enrolled in an approved training course.
215	215	4 "Review Committee" means the committee at the Board for
216	216	5 certification disciplinary cases in which the Panel, a law
217	217	6 enforcement officer, or a law enforcement agency may file for
218	218	7 reconsideration of a decertification decision made by the
219	219	8 Board.
220	220	9 "Probationary county corrections officer" means a recruit
221	221	10 county corrections officer required to successfully complete
222	222	11 initial minimum basic training requirements at a basic
223	223	12 training school to be eligible for permanent employment on a
224	224	13 full-time basis as a county corrections officer.
225	225	14 "Permanent county corrections officer" means a county
226	226	15 corrections officer who has completed the officer's
227	227	16 probationary period and is permanently employed on a full-time
228	228	17 basis as a county corrections officer by a participating law
229	229	18 enforcement agency.
230	230	19 "County corrections officer" means any sworn officer of
231	231	20 the sheriff who is primarily responsible for the control and
232	232	21 custody of offenders, detainees or inmates.
233	233	22 "Probationary court security officer" means a recruit
234	234	23 court security officer required to successfully complete
235	235	24 initial minimum basic training requirements at a designated
236	236	25 training school to be eligible for employment as a court
237	237	26 security officer.
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248	248	1 "Permanent court security officer" means a court security
249	249	2 officer who has completed the officer's probationary period
250	250	3 and is employed as a court security officer by a participating
251	251	4 law enforcement agency.
252	252	5 "Court security officer" has the meaning ascribed to it in
253	253	6 Section 3-6012.1 of the Counties Code.
254	254	7 "Social media accounts" includes, but is not limited to,
255	255	8 social networking sites, online forums, blogs, and video and
256	256	9 content sharing platforms.
257	257	10 "Terrorist organization" has the meaning given to that
258	258	11 term in subsection (m) of Section 29D-10 of the Criminal Code
259	259	12 of 2012.
260	260	13 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
261	261	14 (50 ILCS 705/6) (from Ch. 85, par. 506)
262	262	15 Sec. 6. Powers and duties of the Board; selection and
263	263	16 certification of schools. The Board shall select and certify
264	264	17 schools within the State of Illinois for the purpose of
265	265	18 providing basic training for probationary law enforcement
266	266	19 officers, probationary county corrections officers, and court
267	267	20 security officers and of providing advanced or in-service
268	268	21 training for permanent law enforcement officers or permanent
269	269	22 county corrections officers, which schools may be either
270	270	23 publicly or privately owned and operated. In addition, the
271	271	24 Board has the following power and duties:
272	272	25 a. To require law enforcement agencies to furnish such
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283	283	1 reports and information as the Board deems necessary to
284	284	2 fully implement this Act.
285	285	3 b. To establish appropriate mandatory minimum
286	286	4 standards relating to the training of probationary local
287	287	5 law enforcement officers or probationary county
288	288	6 corrections officers, and in-service training of permanent
289	289	7 law enforcement officers.
290	290	8 c. (blank). To provide appropriate certification to
291	291	9 those probationary officers who successfully complete the
292	292	10 prescribed minimum standard basic training course.
293	293	11 c-5. To determine whether an applicant has met the
294	294	12 requirements of this Act and is qualified to be employed
295	295	13 as a law enforcement officer and to issue a certificate to
296	296	14 applicants qualified to be employed as a law enforcement
297	297	15 officer.
298	298	16 d. To review and approve annual training curriculum
299	299	17 for county sheriffs.
300	300	18 e. (blank). To review and approve applicants to ensure
301	301	19 that no applicant is admitted to a certified academy
302	302	20 unless the applicant is a person of good character and has
303	303	21 not been convicted of, found guilty of, entered a plea of
304	304	22 guilty to, or entered a plea of nolo contendere to a felony
305	305	23 offense, any of the misdemeanors in Sections 11-1.50,
306	306	24 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
307	307	25 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
308	308	26 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
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319	319	1 violation of any Section of Part E of Title III of the
320	320	2 Criminal Code of 1961 or the Criminal Code of 2012, or
321	321	3 subsection (a) of Section 17-32 of the Criminal Code of
322	322	4 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
323	323	5 the Cannabis Control Act, or a crime involving moral
324	324	6 turpitude under the laws of this State or any other state
325	325	7 which if committed in this State would be punishable as a
326	326	8 felony or a crime of moral turpitude, or any felony or
327	327	9 misdemeanor in violation of federal law or the law of any
328	328	10 state that is the equivalent of any of the offenses
329	329	11 specified therein. The Board may appoint investigators who
330	330	12 shall enforce the duties conferred upon the Board by this
331	331	13 Act.
332	332	14 For purposes of this paragraph e, a person is
333	333	15 considered to have been convicted of, found guilty of, or
334	334	16 entered a plea of guilty to, plea of nolo contendere to
335	335	17 regardless of whether the adjudication of guilt or
336	336	18 sentence is withheld or not entered thereon. This includes
337	337	19 sentences of supervision, conditional discharge, or first
338	338	20 offender probation, or any similar disposition provided
339	339	21 for by law.
340	340	22 e-5. To hire investigators for the purposes of
341	341	23 complying with this Act. The Board's investigators shall
342	342	24 be law enforcement officers. The Board shall not waive the
343	343	25 training requirement unless the investigator has had a
344	344	26 minimum of 5 years experience as a sworn law enforcement
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355	355	1 officer in this State. Any complaint under Section 6.3
356	356	2 filed against the Board's investigators shall be
357	357	3 investigated by the Illinois State Police.
358	358	4 f. To establish statewide standards for minimum
359	359	5 standards regarding regular mental health screenings for
360	360	6 probationary and permanent police officers, ensuring that
361	361	7 counseling sessions and screenings remain confidential.
362	362	8 g. To review and ensure all law enforcement officers
363	363	9 remain in compliance with this Act, and any administrative
364	364	10 rules adopted under this Act.
365	365	11 h. To suspend any certificate for a definite period,
366	366	12 limit or restrict any certificate, or revoke any
367	367	13 certificate.
368	368	14 i. The Board and the Panel shall have power to secure
369	369	15 by its subpoena and bring before it any person or entity in
370	370	16 this State and to take testimony either orally or by
371	371	17 deposition or both with the same fees and mileage and in
372	372	18 the same manner as prescribed by law in judicial
373	373	19 proceedings in civil cases in circuit courts of this
374	374	20 State. The Board and the Panel shall also have the power to
375	375	21 subpoena the production of documents, papers, files,
376	376	22 books, documents, and records, whether in physical or
377	377	23 electronic form, in support of the charges and for
378	378	24 defense, and in connection with a hearing or
379	379	25 investigation.
380	380	26 j. The Executive Director, the administrative law
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391	391	1 judge designated by the Executive Director, and each
392	392	2 member of the Board and the Panel shall have the power to
393	393	3 administer oaths to witnesses at any hearing that the
394	394	4 Board is authorized to conduct under this Act and any
395	395	5 other oaths required or authorized to be administered by
396	396	6 the Board under this Act.
397	397	7 k. In case of the neglect or refusal of any person to
398	398	8 obey a subpoena issued by the Board and the Panel, any
399	399	9 circuit court, upon application of the Board and the
400	400	10 Panel, through the Illinois Attorney General, may order
401	401	11 such person to appear before the Board and the Panel give
402	402	12 testimony or produce evidence, and any failure to obey
403	403	13 such order is punishable by the court as a contempt
404	404	14 thereof. This order may be served by personal delivery, by
405	405	15 email, or by mail to the address of record or email address
406	406	16 of record.
407	407	17 l. The Board shall have the power to administer state
408	408	18 certification examinations. Any and all records related to
409	409	19 these examinations, including, but not limited to, test
410	410	20 questions, test formats, digital files, answer responses,
411	411	21 answer keys, and scoring information shall be exempt from
412	412	22 disclosure.
413	413	23 m. To make grants, subject to appropriation, to units
414	414	24 of local government and public institutions of higher
415	415	25 education for the purposes of hiring and retaining law
416	416	26 enforcement officers.
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426	426	HB3641 - 12 - LRB104 12151 RTM 22250 b
427	427	1 n. To make grants, subject to appropriation, to local
428	428	2 law enforcement agencies for costs associated with the
429	429	3 expansion and support of National Integrated Ballistic
430	430	4 Information Network (NIBIN) and other ballistic technology
431	431	5 equipment for ballistic testing.
432	432	6 o. To create, within the Board, a Statewide
433	433	7 Enforcement Unit. The Statewide Enforcement Unit shall be
434	434	8 responsible for the investigation of matters under
435	435	9 Sections 6.1 and 6.3, and the prosecution of matters under
436	436	10 Sections 6.1, 6.3, and 6.4.
437	437	11 (Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
438	438	12 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
439	439	13 (50 ILCS 705/6.1)
440	440	14 Sec. 6.1. Automatic decertification of full-time and
441	441	15 part-time law enforcement officers.
442	442	16 (a) The Board must review law enforcement officer conduct
443	443	17 and records to ensure that no law enforcement officer is
444	444	18 certified or provided a valid waiver if that law enforcement
445	445	19 officer has been convicted of, found guilty of, entered a plea
446	446	20 of guilty to, or entered a plea of nolo contendere to, a felony
447	447	21 offense under the laws of this State or any other state which
448	448	22 if committed in this State would be punishable as a felony. The
449	449	23 Board must also ensure that no law enforcement officer is
450	450	24 certified or provided a valid waiver if that law enforcement
451	451	25 officer has been convicted of, found guilty of, or entered a
452	452
453	453
454	454
455	455
456	456
457	457	HB3641 - 12 - LRB104 12151 RTM 22250 b
458	458
459	459
460	460	HB3641- 13 -LRB104 12151 RTM 22250 b HB3641 - 13 - LRB104 12151 RTM 22250 b
461	461	HB3641 - 13 - LRB104 12151 RTM 22250 b
462	462	1 plea of guilty to, on or after January 1, 2022 (the effective
463	463	2 date of Public Act 101-652) of any misdemeanor specified in
464	464	3 this Section or if committed in any other state would be an
465	465	4 offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
466	466	5 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,
467	467	6 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,
468	468	7 any misdemeanor in violation of any Section of Part E of Title
469	469	8 III of the Criminal Code of 1961 or the Criminal Code of 2012,
470	470	9 or subsection (a) of Section 17-32 of the Criminal Code of 1961
471	471	10 or the Criminal Code of 2012, or to Section 5 or 5.2 of the
472	472	11 Cannabis Control Act, or any felony or misdemeanor in
473	473	12 violation of federal law or the law of any state that is the
474	474	13 equivalent of any of the offenses specified therein. The Board
475	475	14 must appoint investigators to enforce the duties conferred
476	476	15 upon the Board by this Act.
477	477	16 (a-1) For purposes of this Section, "conviction" has the
478	478	17 meaning given to that term in Section 2-5 of the Criminal Code
479	479	18 of 2012. a person is "convicted of, or entered a plea of guilty
480	480	19 to, plea of nolo contendere to, found guilty of" regardless of
481	481	20 whether the adjudication of guilt or sentence is withheld or
482	482	21 not entered thereon. This includes sentences of supervision,
483	483	22 conditional discharge, or first offender probation, or any
484	484	23 similar disposition provided for by law.
485	485	24 (a-2) A law enforcement officer found to be in violation
486	486	25 of subsection (a) shall be served with the notice of intent to
487	487	26 decertify by both certified and regular mail at the last known
488	488
489	489
490	490
491	491
492	492
493	493	HB3641 - 13 - LRB104 12151 RTM 22250 b
494	494
495	495
496	496	HB3641- 14 -LRB104 12151 RTM 22250 b HB3641 - 14 - LRB104 12151 RTM 22250 b
497	497	HB3641 - 14 - LRB104 12151 RTM 22250 b
498	498	1 address of record on file with the most recent law enforcement
499	499	2 employer. The notification shall include a statement of
500	500	3 determination, reasons for decertification, and the law
501	501	4 enforcement officer's rights to contest and appeal under
502	502	5 Section 6.4. If the law enforcement officer not appeal within
503	503	6 the time period specified in Section 6.4, then the Board may
504	504	7 deem the law enforcement officer decertified.
505	505	8 (b) It is the responsibility of the sheriff or the chief
506	506	9 executive officer of every law enforcement agency or
507	507	10 department within this State to report to the Board any
508	508	11 arrest, conviction, finding of guilt, plea of guilty, or plea
509	509	12 of nolo contendere to, of any officer for an offense
510	510	13 identified in this Section, regardless of whether the
511	511	14 adjudication of guilt or sentence is withheld or not entered
512	512	15 thereon, this includes sentences of supervision, conditional
513	513	16 discharge, or first offender probation.
514	514	17 (c) It is the duty and responsibility of every full-time
515	515	18 and part-time law enforcement officer in this State to report
516	516	19 to the Board within 14 days, and the officer's sheriff or chief
517	517	20 executive officer, of the officer's arrest, conviction, found
518	518	21 guilty of, or plea of guilty for an offense identified in this
519	519	22 Section. Failure of a convicted person to report to the Board
520	520	23 the officer's conviction as described in this Section or any
521	521	24 continued law enforcement practice after receiving a
522	522	25 conviction is a Class 4 felony. Any full-time or part-time law
523	523	26 enforcement officer who knowingly makes, submits, causes to be
524	524
525	525
526	526
527	527
528	528
529	529	HB3641 - 14 - LRB104 12151 RTM 22250 b
530	530
531	531
532	532	HB3641- 15 -LRB104 12151 RTM 22250 b HB3641 - 15 - LRB104 12151 RTM 22250 b
533	533	HB3641 - 15 - LRB104 12151 RTM 22250 b
534	534	1 submitted, or files a false or untruthful report to the Board
535	535	2 must have the officer's certificate or waiver immediately
536	536	3 decertified or revoked.
537	537	4 (d) Any person, or a local or State agency, or the Board is
538	538	5 immune from liability for submitting, disclosing, or releasing
539	539	6 information of arrests, convictions, or pleas of guilty in
540	540	7 this Section as long as the information is submitted,
541	541	8 disclosed, or released in good faith and without malice. The
542	542	9 Board has qualified immunity for the release of the
543	543	10 information.
544	544	11 (e) (blank). Any full-time or part-time law enforcement
545	545	12 officer with a certificate or waiver issued by the Board who is
546	546	13 convicted of, found guilty of, or entered a plea of guilty to,
547	547	14 or entered a plea of nolo contendere to any offense described
548	548	15 in this Section immediately becomes decertified or no longer
549	549	16 has a valid waiver. The decertification and invalidity of
550	550	17 waivers occurs as a matter of law. Failure of a convicted
551	551	18 person to report to the Board the officer's conviction as
552	552	19 described in this Section or any continued law enforcement
553	553	20 practice after receiving a conviction is a Class 4 felony.
554	554	21 For purposes of this Section, a person is considered to
555	555	22 have been "convicted of, found guilty of, or entered a plea of
556	556	23 guilty to, plea of nolo contendere to" regardless of whether
557	557	24 the adjudication of guilt or sentence is withheld or not
558	558	25 entered thereon, including sentences of supervision,
559	559	26 conditional discharge, first offender probation, or any
560	560
561	561
562	562
563	563
564	564
565	565	HB3641 - 15 - LRB104 12151 RTM 22250 b
566	566
567	567
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569	569	HB3641 - 16 - LRB104 12151 RTM 22250 b
570	570	1 similar disposition as provided for by law.
571	571	2 (e-5) If a timely appeal is not made, or if the Board
572	572	3 denies the appeal, decertification shall occur as a matter of
573	573	4 law.
574	574	5 (f) (blank). The Board's investigators shall be law
575	575	6 enforcement officers as defined in Section 2 of this Act. The
576	576	7 Board shall not waive the training requirement unless the
577	577	8 investigator has had a minimum of 5 years experience as a sworn
578	578	9 officer of a local, State, or federal law enforcement agency.
579	579	10 An investigator shall not have been terminated for good cause,
580	580	11 decertified, had his or her law enforcement license or
581	581	12 certificate revoked in this or any other jurisdiction, or been
582	582	13 convicted of any of the conduct listed in subsection (a). Any
583	583	14 complaint filed against the Board's investigators shall be
584	584	15 investigated by the Illinois State Police.
585	585	16 (g) The Board must request and receive information and
586	586	17 assistance from any federal, state, local, or private
587	587	18 enforcement agency as part of the authorized criminal
588	588	19 background investigation. The Illinois State Police must
589	589	20 process, retain, and additionally provide and disseminate
590	590	21 information to the Board concerning criminal charges, arrests,
591	591	22 convictions, and their disposition, that have been filed
592	592	23 against a basic academy applicant, law enforcement applicant,
593	593	24 or law enforcement officer whose fingerprint identification
594	594	25 cards are on file or maintained by the Illinois State Police.
595	595	26 The Federal Bureau of Investigation must provide the Board any
596	596
597	597
598	598
599	599
600	600
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602	602
603	603
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605	605	HB3641 - 17 - LRB104 12151 RTM 22250 b
606	606	1 criminal history record information contained in its files
607	607	2 pertaining to law enforcement officers or any applicant to a
608	608	3 Board certified basic law enforcement academy as described in
609	609	4 this Act based on fingerprint identification. The Board must
610	610	5 make payment of fees to the Illinois State Police for each
611	611	6 fingerprint card submission in conformance with the
612	612	7 requirements of paragraph 22 of Section 55a of the Civil
613	613	8 Administrative Code of Illinois.
614	614	9 (g-5) Notwithstanding any provision of law to the
615	615	10 contrary, the changes to this Section made by this amendatory
616	616	11 Act of the 102nd General Assembly and Public Act 101-652 shall
617	617	12 apply prospectively only from July 1, 2022.
618	618	13 (h) Appeals of decisions in this Section shall be governed
619	619	14 by Section 6.4.
620	620	15 (i) Any law enforcement officer who knowingly makes,
621	621	16 submits, causes to be submitted, or files a false or
622	622	17 untruthful report to the Board shall be decertified.
623	623	18 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
624	624	19 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
625	625	20 (50 ILCS 705/6.2-5 new)
626	626	21 Sec. 6.2-5. Obligations of law enforcement agencies.
627	627	22 (a) Before a law enforcement agency may appoint a law
628	628	23 enforcement officer or a person seeking a certification as a
629	629	24 law enforcement officer in this State, the chief executive
630	630	25 officer, sheriff, appointing authority, or designee must:
631	631
632	632
633	633
634	634
635	635
636	636	HB3641 - 17 - LRB104 12151 RTM 22250 b
637	637
638	638
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640	640	HB3641 - 18 - LRB104 12151 RTM 22250 b
641	641	1 (1) perform a criminal background check including
642	642	2 reviewing criminal history and national decertification
643	643	3 indices, and all disciplinary records by any previous law
644	644	4 enforcement or correctional employer, including complaints
645	645	5 or investigations of misconduct, including the outcome of
646	646	6 any investigation regardless of the result, and the reason
647	647	7 for separation from employment;
648	648	8 (A) Previous law enforcement or corrections
649	649	9 employers must provide this information, including the
650	650	10 reason for separation from employment with the law
651	651	11 enforcement agency, within 30 days of receiving a
652	652	12 written request from the law enforcement agency
653	653	13 conducting the background check.
654	654	14 (B) Documentation of the contact between law
655	655	15 enforcement agencies must be available for review by
656	656	16 the Board for a minimum of 5 years after the law
657	657	17 enforcement's termination, retirement, resignation, or
658	658	18 another separation with that law enforcement agency.
659	659	19 (2) check the Officer Professional Conduct Database;
660	660	20 (3) verify from the local prosecuting authority in any
661	661	21 jurisdiction in which the applicant has served as to
662	662	22 whether the applicant is on any impeachment disclosure
663	663	23 lists; and
664	664	24 (4) inquire into whether the applicant has any past or
665	665	25 present affiliations with terrorist organizations.
666	666	26 A prospective employing law enforcement agency may
667	667
668	668
669	669
670	670
671	671
672	672	HB3641 - 18 - LRB104 12151 RTM 22250 b
673	673
674	674
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676	676	HB3641 - 19 - LRB104 12151 RTM 22250 b
677	677	1 establish higher standards for background investigations of
678	678	2 applicants if those standards are not contrary to State or
679	679	3 federal law.
680	680	4 (b) Obligations for law enforcement officer reporting and
681	681	5 recordkeeping.
682	682	6 (1) All law enforcement agencies shall create and
683	683	7 maintain the following records for each officer:
684	684	8 (A) The date the law enforcement officer was
685	685	9 hired.
686	686	10 (B) With respect to any separation from
687	687	11 employment:
688	688	12 (i) The date of separation of employment.
689	689	13 (ii) The nature of any separation, including,
690	690	14 but not limited to, retirement, resignation, or
691	691	15 termination of employment.
692	692	16 (iii) If the law enforcement agency initiated
693	693	17 the separation, then the reason given to the
694	694	18 officer.
695	695	19 (iv) The reason the law enforcement officer
696	696	20 was terminated if the law enforcement officer was
697	697	21 terminated for cause.
698	698	22 (v) If known to the law enforcement agency,
699	699	23 then whether the separation occurred while the law
700	700	24 enforcement agency or any other entity was
701	701	25 conducting an investigation of the law enforcement
702	702	26 officer based on allegations that the law
703	703
704	704
705	705
706	706
707	707
708	708	HB3641 - 19 - LRB104 12151 RTM 22250 b
709	709
710	710
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712	712	HB3641 - 20 - LRB104 12151 RTM 22250 b
713	713	1 enforcement officer violated any rule, policy,
714	714	2 procedure, law, or engaged in other misconduct
715	715	3 covered by this Act.
716	716	4 (C) A record of the background check performed by
717	717	5 the law enforcement agency.
718	718	6 (D) A record reflecting each type of complaint
719	719	7 against, investigation of, and discipline of the
720	720	8 officer known to the law enforcement agency, including
721	721	9 each:
722	722	10 (i) sustained complaint against the officer.
723	723	11 For the purposes of this item, a "sustained
724	724	12 complaint" means a complaint in which the
725	725	13 investigation produced a preponderance of evidence
726	726	14 to prove the allegation of an act that was
727	727	15 determined to be misconduct;
728	728	16 (ii) investigation of the officer by an
729	729	17 internal affairs unit, an internal review board, a
730	730	18 civilian oversight board, or a comparable body;
731	731	19 (iii) arrest of the officer;
732	732	20 (iv) discipline imposed on the officer,
733	733	21 including any last chance agreement or separation
734	734	22 agreement;
735	735	23 (v) criminal prosecution against the officer;
736	736	24 (vi) written reprimand of the officer;
737	737	25 (vii) suspension of the law enforcement
738	738	26 officer's employment or order that the officer
739	739
740	740
741	741
742	742
743	743
744	744	HB3641 - 20 - LRB104 12151 RTM 22250 b
745	745
746	746
747	747	HB3641- 21 -LRB104 12151 RTM 22250 b HB3641 - 21 - LRB104 12151 RTM 22250 b
748	748	HB3641 - 21 - LRB104 12151 RTM 22250 b
749	749	1 take a leave from employment;
750	750	2 (viii) determination by a prosecutor's
751	751	3 office's that the officer is not be called as a
752	752	4 witness in court or that the officer's misconduct
753	753	5 must be disclosed to defendants; and
754	754	6 (ix) complaint, investigation, or disciplinary
755	755	7 matter vacated or resolved in favor of the
756	756	8 officer;
757	757	9 (E) A record reflecting each form of in-service
758	758	10 training, retraining, and training on policies that
759	759	11 the officer completed, whether or not such training is
760	760	12 required by this Act;
761	761	13 Information compiled in this Section shall be available
762	762	14 for review by hiring agencies for the purpose of hiring
763	763	15 background checks and for the Board for the purpose of
764	764	16 evaluation of aggravating and mitigating factors under Section
765	765	17 6.3.
766	766	18 (2) All law enforcement agencies and the Illinois
767	767	19 State Police shall notify the Board of any final
768	768	20 determination of a willful violation of department, law
769	769	21 enforcement agency, or the Illinois State Police policy,
770	770	22 official misconduct, or violation of law within 10 days
771	771	23 when:
772	772	24 (A) the determination leads to a suspension of at
773	773	25 least 10 days;
774	774	26 (B) any infraction that would trigger an official
775	775
776	776
777	777
778	778
779	779
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781	781
782	782
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784	784	HB3641 - 22 - LRB104 12151 RTM 22250 b
785	785	1 or formal investigation under a law enforcement agency
786	786	2 or the Illinois State Police policy;
787	787	3 (C) there is an allegation of misconduct or
788	788	4 regarding truthfulness as to a material fact, bias, or
789	789	5 integrity; or
790	790	6 (D) the officer resigns or retires during the
791	791	7 course of an investigation and the officer has been
792	792	8 served notice that the officer is under investigation.
793	793	9 Agencies and the Illinois State Police may report to the
794	794	10 Board any conduct they deem appropriate to disseminate to
795	795	11 another law enforcement agency regarding a law enforcement
796	796	12 officer.
797	797	13 (3) The law enforcement agency or the Illinois State
798	798	14 Police shall report to the Board within 10 days of a final
799	799	15 determination and final exhaustion of any administrative
800	800	16 appeal, contractual dispute resolution process, or the law
801	801	17 enforcement officer's resignation or retirement, and shall
802	802	18 provide information regarding the nature of the violation.
803	803	19 This notification shall not necessarily trigger
804	804	20 certification review.
805	805	21 (4) A law enforcement agency and the Illinois State
806	806	22 Police shall be immune from liability for a disclosure
807	807	23 made as described in this subsection, unless the
808	808	24 disclosure would constitute intentional misrepresentation
809	809	25 or gross negligence.
810	810	26 (5) Within 14 days after receiving notification from a
811	811
812	812
813	813
814	814
815	815
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817	817
818	818
819	819	HB3641- 23 -LRB104 12151 RTM 22250 b HB3641 - 23 - LRB104 12151 RTM 22250 b
820	820	HB3641 - 23 - LRB104 12151 RTM 22250 b
821	821	1 law enforcement agency or the Illinois State Police, the
822	822	2 Board must notify the law enforcement officer of the
823	823	3 report and the officer's right to provide a statement
824	824	4 regarding the reported violation. The law enforcement
825	825	5 officer shall have 14 days from receiving notice to
826	826	6 provide a written objection contesting information
827	827	7 included in the law enforcement agency's report. The
828	828	8 objection must be filed with the Board on a form
829	829	9 prescribed by the Board and a copy must be provided by the
830	830	10 law enforcement agency. The objection shall remain in the
831	831	11 Officer Professional Conduct Database with the reported
832	832	12 violation.
833	833	13 (c) Penalties.
834	834	14 (1) All law enforcement agencies are required to
835	835	15 comply with the provisions of this Act and the rules
836	836	16 adopted under this Act. Whenever the Board finds that any
837	837	17 law enforcement agency is in violation of any provision of
838	838	18 this Act, or any rule adopted under this Act, the Board
839	839	19 shall notify the law enforcement agency of the violation
840	840	20 and of the law enforcement agency's duty to comply with
841	841	21 the provision or rule. This notification of non-compliance
842	842	22 shall be sent to the law enforcement agency head via
843	843	23 certified U.S. Mail or delivered by hand. The notice shall
844	844	24 include a specific reference to the statute or regulation
845	845	25 that the law enforcement agency has violated, the periods
846	846	26 of alleged violation, and a brief statement of the factual
847	847
848	848
849	849
850	850
851	851
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853	853
854	854
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856	856	HB3641 - 24 - LRB104 12151 RTM 22250 b
857	857	1 basis for the finding of violation along with any
858	858	2 supporting materials.
859	859	3 The law enforcement agency must come into compliance
860	860	4 within 30 days.
861	861	5 (2) If after 30 days the law enforcement agency has
862	862	6 failed to come into compliance, then the Board shall issue
863	863	7 an order of failure to respond to the Notice of
864	864	8 non-compliance. This order may include a civil penalty not
865	865	9 to exceed $1,000 per violation per day the law enforcement
866	866	10 agency is not in compliance. This penalty shall be payable
867	867	11 to the Board. The Board shall send a notice to a right to a
868	868	12 conference to challenge the finding of non-compliance
869	869	13 under Section 6.4 and a calculation of the penalty owed
870	870	14 including the date from which the penalty should be
871	871	15 calculated.
872	872	16 (50 ILCS 705/6.3)
873	873	17 Sec. 6.3. Discretionary decertification of full-time and
874	874	18 part-time law enforcement officers.
875	875	19 (a) Definitions. For purposes of this Section 6.3:
876	876	20 "Duty to intervene" means an obligation to intervene to
877	877	21 prevent harm from occurring that arises when: an officer is
878	878	22 present, and has reason to know (1) that excessive force is
879	879	23 being used or that any constitutional violation has been
880	880	24 committed by a law enforcement official; and (2) the officer
881	881	25 has a realistic opportunity to intervene. This duty applies
882	882
883	883
884	884
885	885
886	886
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888	888
889	889
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891	891	HB3641 - 25 - LRB104 12151 RTM 22250 b
892	892	1 equally to supervisory and nonsupervisory officers. If aid is
893	893	2 required, the officer shall not, when reasonable to administer
894	894	3 aid, knowingly and willingly refuse to render aid as defined
895	895	4 by State or federal law. An officer does not violate this duty
896	896	5 if the failure to render aid is due to circumstances such as
897	897	6 lack of appropriate specialized training, lack of resources or
898	898	7 equipment, or if it is unsafe or impracticable to render aid.
899	899	8 "Excessive use of force" means using force in violation of
900	900	9 State or federal law.
901	901	10 "False statement" means (1) any knowingly false statement
902	902	11 provided on a form or report, (2) that the writer does not
903	903	12 believe to be true, and (3) that the writer includes to mislead
904	904	13 a public servant in performing the public servant's official
905	905	14 functions.
906	906	15 "Perjury" means that as defined under Sections 32-2 and
907	907	16 32-3 of the Criminal Code of 2012.
908	908	17 "Tampers with or fabricates evidence" means if a law
909	909	18 enforcement officer (1) has reason to believe that an official
910	910	19 proceeding is pending or may be instituted, and (2) alters,
911	911	20 destroys, conceals, or removes any record, document, data,
912	912	21 video or thing to impair its validity or availability in the
913	913	22 proceeding.
914	914	23 (b) Decertification conduct. The Board has the authority
915	915	24 to decertify a full-time or a part-time law enforcement
916	916	25 officer upon a determination by the Board that the law
917	917	26 enforcement officer has:
918	918
919	919
920	920
921	921
922	922
923	923	HB3641 - 25 - LRB104 12151 RTM 22250 b
924	924
925	925
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927	927	HB3641 - 26 - LRB104 12151 RTM 22250 b
928	928	1 (1) committed an act that would constitute a felony or
929	929	2 misdemeanor which could serve as basis for automatic
930	930	3 decertification, whether or not the law enforcement
931	931	4 officer was criminally prosecuted, and whether or not the
932	932	5 law enforcement officer's employment was terminated;
933	933	6 (2) exercised excessive use of force;
934	934	7 (3) failed to comply with the officer's duty to
935	935	8 intervene, including through acts or omissions;
936	936	9 (4) tampered with a dash camera or body-worn camera or
937	937	10 data recorded by a dash camera or body-worn camera or
938	938	11 directed another to tamper with or turn off a dash camera
939	939	12 or body-worn camera or data recorded by a dash camera or
940	940	13 body-worn camera for the purpose of concealing, destroying
941	941	14 or altering potential evidence;
942	942	15 (5) engaged in the following conduct relating to the
943	943	16 reporting, investigation, or prosecution of a crime:
944	944	17 committed perjury, made a false statement, or knowingly
945	945	18 tampered with or fabricated evidence; or and
946	946	19 (6) engaged in any unprofessional, unethical,
947	947	20 deceptive, or deleterious conduct or practice harmful to
948	948	21 the public; such conduct or practice need not have
949	949	22 resulted in actual injury to any person. As used in this
950	950	23 paragraph, the term "unprofessional conduct" shall include
951	951	24 any departure from, or failure to conform to, the minimal
952	952	25 standards of acceptable and prevailing practice of an
953	953	26 officer.
954	954
955	955
956	956
957	957
958	958
959	959	HB3641 - 26 - LRB104 12151 RTM 22250 b
960	960
961	961
962	962	HB3641- 27 -LRB104 12151 RTM 22250 b HB3641 - 27 - LRB104 12151 RTM 22250 b
963	963	HB3641 - 27 - LRB104 12151 RTM 22250 b
964	964	1 (b-5) The Board has the authority to decertify a full-time
965	965	2 or part-time law enforcement officer notwithstanding whether a
966	966	3 law enforcement agency takes disciplinary action against a law
967	967	4 enforcement officer for the same underlying conduct as
968	968	5 outlined in subsection (b).
969	969	6 (c) Notice of Alleged Violation.
970	970	7 (1) The following individuals and agencies shall
971	971	8 notify the Board within 7 days of becoming aware of any
972	972	9 violation described in subsection (b):
973	973	10 (A) A law enforcement agency as defined in Section
974	974	11 2 or any law enforcement officer of this State. For
975	975	12 this subsection (c), law enforcement agency includes,
976	976	13 but is not limited to, a civilian review board, an
977	977	14 inspector general, and legal counsel for a law
978	978	15 enforcement agency.
979	979	16 (B) The Executive Director of the Board;
980	980	17 (C) A State's Attorney's Office of this State.
981	981	18 "Becoming aware" does not include confidential
982	982	19 communications between agency lawyers and agencies
983	983	20 regarding legal advice. For purposes of this subsection,
984	984	21 "law enforcement agency" does not include the Illinois
985	985	22 Attorney General when providing legal representation to a
986	986	23 law enforcement officer under the State Employee
987	987	24 Indemnification Act.
988	988	25 (2) Any person may also notify the Board of any
989	989	26 conduct the person believes a law enforcement officer has
990	990
991	991
992	992
993	993
994	994
995	995	HB3641 - 27 - LRB104 12151 RTM 22250 b
996	996
997	997
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999	999	HB3641 - 28 - LRB104 12151 RTM 22250 b
1000	1000	1 committed as described in subsection (b). Such
1001	1001	2 notifications may be made confidentially. Notwithstanding
1002	1002	3 any other provision in state law or any collective
1003	1003	4 bargaining agreement, the Board shall accept notice and
1004	1004	5 investigate any allegations from individuals who remain
1005	1005	6 confidential.
1006	1006	7 (3) Upon written request, the Board shall disclose to
1007	1007	8 the individual or entity who filed a notice of violation
1008	1008	9 the status of the Board's review.
1009	1009	10 (d) Form. The notice of violation reported under
1010	1010	11 subsection (c) shall be on a form prescribed by the Board in
1011	1011	12 its rules. The form shall be publicly available by paper and
1012	1012	13 electronic means. The form shall include fields for the
1013	1013	14 following information, at a minimum:
1014	1014	15 (1) the full name, address, and telephone number of
1015	1015	16 the person submitting the notice;
1016	1016	17 (2) if submitted under subsection (c)(1), the agency
1017	1017	18 name and title of the person submitting the notice;
1018	1018	19 (3) the full name, badge number, employing agency, and
1019	1019	20 physical description of the officer, if known;
1020	1020	21 (4) the full name or names, address or addresses,
1021	1021	22 telephone number or numbers, and physical description or
1022	1022	23 descriptions of any witnesses, if known;
1023	1023	24 (5) a concise statement of facts that describe the
1024	1024	25 alleged violation and any copies of supporting evidence
1025	1025	26 including but not limited to any photographic, video, or
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	HB3641 - 28 - LRB104 12151 RTM 22250 b
1032	1032
1033	1033
1034	1034	HB3641- 29 -LRB104 12151 RTM 22250 b HB3641 - 29 - LRB104 12151 RTM 22250 b
1035	1035	HB3641 - 29 - LRB104 12151 RTM 22250 b
1036	1036	1 audio recordings of the incident;
1037	1037	2 (6) whether the person submitting the notice has
1038	1038	3 notified any other agency; and
1039	1039	4 (7) an option for an individual, who submits directly
1040	1040	5 to the Board, to consent to have the individual's identity
1041	1041	6 disclosed. The identity of any individual providing
1042	1042	7 information or reporting any possible or alleged violation
1043	1043	8 to the Board shall be kept confidential and may not be
1044	1044	9 disclosed without the consent of that individual, unless
1045	1045	10 the individual consents to disclosure of the individual's
1046	1046	11 name or disclosure of the individual's identity is
1047	1047	12 otherwise required by law. The confidentiality granted by
1048	1048	13 this subsection does not preclude the disclosure of the
1049	1049	14 identity of a person in any capacity other than as the
1050	1050	15 source of an allegation.
1051	1051	16 Nothing in this subsection (d) shall preclude the Board
1052	1052	17 from receiving, investigating, or acting upon allegations made
1053	1053	18 confidentially or in a format different from the form provided
1054	1054	19 for in this subsection.
1055	1055	20 (e) Preliminary review.
1056	1056	21 (1) The Statewide Enforcement Unit Board shall
1057	1057	22 complete a preliminary review of the allegations to
1058	1058	23 determine whether there is sufficient information to
1059	1059	24 warrant a further investigation of any violations of the
1060	1060	25 Act. Upon initiating a preliminary review of the
1061	1061	26 allegations, the Statewide Enforcement Unit Board shall
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	HB3641 - 29 - LRB104 12151 RTM 22250 b
1068	1068
1069	1069
1070	1070	HB3641- 30 -LRB104 12151 RTM 22250 b HB3641 - 30 - LRB104 12151 RTM 22250 b
1071	1071	HB3641 - 30 - LRB104 12151 RTM 22250 b
1072	1072	1 notify the head of the law enforcement agency that employs
1073	1073	2 the law enforcement officer who is the subject of the
1074	1074	3 allegations. At the request of the Statewide Enforcement
1075	1075	4 Unit Board, the law enforcement agency must submit any
1076	1076	5 copies of investigative findings, evidence, or
1077	1077	6 documentation to the Statewide Enforcement Unit Board in
1078	1078	7 accordance with rules adopted by the Statewide Enforcement
1079	1079	8 Unit Board to facilitate the Statewide Enforcement Unit's
1080	1080	9 Board's preliminary review. The Statewide Enforcement Unit
1081	1081	10 Board may correspond with the law enforcement agency,
1082	1082	11 official records clerks or any investigative agencies in
1083	1083	12 conducting its preliminary review.
1084	1084	13 (2) During the preliminary review, the Statewide
1085	1085	14 Enforcement Unit Board will take all reasonable steps to
1086	1086	15 discover any and all objective verifiable evidence
1087	1087	16 relevant to the alleged violation through the
1088	1088	17 identification, retention, review, and analysis of all
1089	1089	18 currently available evidence, including, but not limited
1090	1090	19 to: all time-sensitive evidence, audio and video evidence,
1091	1091	20 physical evidence, arrest reports, photographic evidence,
1092	1092	21 GPS records, computer data, lab reports, medical
1093	1093	22 documents, and witness interviews. All reasonable steps
1094	1094	23 will be taken to preserve relevant evidence identified
1095	1095	24 during the preliminary investigation.
1096	1096	25 (3) If after a preliminary review of the alleged
1097	1097	26 violation or violations, the Statewide Enforcement Unit
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103	HB3641 - 30 - LRB104 12151 RTM 22250 b
1104	1104
1105	1105
1106	1106	HB3641- 31 -LRB104 12151 RTM 22250 b HB3641 - 31 - LRB104 12151 RTM 22250 b
1107	1107	HB3641 - 31 - LRB104 12151 RTM 22250 b
1108	1108	1 Board believes there is sufficient information to warrant
1109	1109	2 further investigation of any violations of this Act, the
1110	1110	3 alleged violation or violations shall be assigned for
1111	1111	4 investigation in accordance with subsection (f).
1112	1112	5 (4) If after a review of the allegations, the
1113	1113	6 Statewide Enforcement Unit Board believes there is
1114	1114	7 insufficient information supporting the allegations to
1115	1115	8 warrant further investigation, it may close a notice.
1116	1116	9 Notification of the Statewide Enforcement Unit's Board's
1117	1117	10 decision to close a notice shall be sent to all relevant
1118	1118	11 individuals, agencies, and any entities that received
1119	1119	12 notice of the violation under subsection (c) within 30
1120	1120	13 days of the notice being closed, except in cases where the
1121	1121	14 notice is submitted anonymously if the complainant is
1122	1122	15 unknown.
1123	1123	16 (5) Except when the Board has received notice under
1124	1124	17 subparagraph (A) of paragraph (1) of subsection (c), no
1125	1125	18 later than 30 days after receiving notice, the Statewide
1126	1126	19 Enforcement Unit Board shall report any notice of
1127	1127	20 violation it receives to the relevant law enforcement
1128	1128	21 agency, unless reporting the notice would jeopardize any
1129	1129	22 subsequent investigation. The Board shall also record any
1130	1130	23 notice of violation it receives to the Officer
1131	1131	24 Professional Conduct Database in accordance with Section
1132	1132	25 9.2. The Board shall report to the appropriate State's
1133	1133	26 Attorney any alleged violations that contain allegations,
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139	HB3641 - 31 - LRB104 12151 RTM 22250 b
1140	1140
1141	1141
1142	1142	HB3641- 32 -LRB104 12151 RTM 22250 b HB3641 - 32 - LRB104 12151 RTM 22250 b
1143	1143	HB3641 - 32 - LRB104 12151 RTM 22250 b
1144	1144	1 claims, or factual assertions that, if true, would
1145	1145	2 constitute a violation of Illinois law. The Statewide
1146	1146	3 Enforcement Unit Board shall inform the law enforcement
1147	1147	4 officer via certified mail that it has received a notice
1148	1148	5 of violation against the law enforcement officer.
1149	1149	6 If the Statewide Enforcement Unit Board determines
1150	1150	7 that due to the circumstances and the nature of the
1151	1151	8 allegation that it would not be prudent to notify the law
1152	1152	9 enforcement officer and the officer's law enforcement
1153	1153	10 agency unless and until the filing of charges a Formal
1154	1154	11 Complaint, the Statewide Enforcement Unit Board shall
1155	1155	12 document in the file the reason or reasons a notification
1156	1156	13 was not made.
1157	1157	14 (6) If the law enforcement officer is involved in a
1158	1158	15 criminal proceeding on the same subject as the notice of
1159	1159	16 violation, the Statewide Enforcement Unit Board is
1160	1160	17 responsible for maintaining a current status report
1161	1161	18 including court dates, hearings, pleas, adjudication
1162	1162	19 status and sentencing. A State's Attorney's Office must
1163	1163	20 notify the Board of any criminal charges filed against a
1164	1164	21 law enforcement officer, and must provide updates of
1165	1165	22 significant developments to the Board in a timely manner
1166	1166	23 but no later than 30 days after such developments.
1167	1167	24 (f) Investigations; requirements. Investigations are to be
1168	1168	25 assigned after a preliminary review, unless the investigations
1169	1169	26 were closed under paragraph (4) of subsection (e), as follows
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174
1175	1175	HB3641 - 32 - LRB104 12151 RTM 22250 b
1176	1176
1177	1177
1178	1178	HB3641- 33 -LRB104 12151 RTM 22250 b HB3641 - 33 - LRB104 12151 RTM 22250 b
1179	1179	HB3641 - 33 - LRB104 12151 RTM 22250 b
1180	1180	1 in paragraphs (1), (2), and (3) of this subsection (f).
1181	1181	2 (1) A law enforcement agency that submits a notice of
1182	1182	3 violation to the Board under subparagraph (A) of paragraph
1183	1183	4 (1) of subsection (c) shall be responsible for conducting
1184	1184	5 an investigation of the underlying allegations except
1185	1185	6 when: (i) the law enforcement agency refers the notice to
1186	1186	7 another law enforcement agency or the Statewide
1187	1187	8 Enforcement Unit Board for investigation and such other
1188	1188	9 agency or the Board agrees to conduct the investigation;
1189	1189	10 (ii) an external, independent, or civilian oversight
1190	1190	11 agency conducts the investigation in accordance with local
1191	1191	12 ordinance or other applicable law; or (iii) the Executive
1192	1192	13 Director Board has determined that it will conduct the
1193	1193	14 investigation based upon the facts and circumstances of
1194	1194	15 the alleged violation, including but not limited to,
1195	1195	16 investigations regarding the Chief or Sheriff of a law
1196	1196	17 enforcement agency, familial conflict of interests,
1197	1197	18 complaints involving a substantial portion of a law
1198	1198	19 enforcement agency, or complaints involving a policy of a
1199	1199	20 law enforcement agency. Any agency or entity conducting an
1200	1200	21 investigation under this paragraph (1) shall submit
1201	1201	22 quarterly reports to the Statewide Enforcement Unit Board
1202	1202	23 regarding the progress of the investigation. The quarterly
1203	1203	24 report shall be reviewed by the individual or individuals
1204	1204	25 at the Statewide Enforcement Unit Board who conducted the
1205	1205	26 preliminary review, if available.
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210
1211	1211	HB3641 - 33 - LRB104 12151 RTM 22250 b
1212	1212
1213	1213
1214	1214	HB3641- 34 -LRB104 12151 RTM 22250 b HB3641 - 34 - LRB104 12151 RTM 22250 b
1215	1215	HB3641 - 34 - LRB104 12151 RTM 22250 b
1216	1216	1 Any agency or entity conducting an investigation under
1217	1217	2 this paragraph (1) shall, within 7 days of completing an
1218	1218	3 investigation, deliver an Investigative Summary Report and
1219	1219	4 copies of any administrative evidence to the Statewide
1220	1220	5 Enforcement Unit Board. If the Executive Director Board
1221	1221	6 finds an investigation conducted under this paragraph (1)
1222	1222	7 is incomplete, unsatisfactory, or deficient in any way,
1223	1223	8 the Statewide Enforcement Unit Board may direct the
1224	1224	9 investigating entity or agency to take any additional
1225	1225	10 investigative steps deemed necessary to thoroughly and
1226	1226	11 satisfactorily complete the investigation, or the Board
1227	1227	12 may take any steps necessary to complete the
1228	1228	13 investigation. The investigating entity or agency or, when
1229	1229	14 necessary, the Statewide Enforcement Unit Board will then
1230	1230	15 amend and re-submit the Investigative Summary Report to
1231	1231	16 the Executive Director Board for approval.
1232	1232	17 The Statewide Enforcement Unit Board shall submit a
1233	1233	18 report to the investigating entity disclosing the name,
1234	1234	19 address, and telephone numbers of persons who have
1235	1235	20 knowledge of facts which are the subject of the
1236	1236	21 investigation and identifying the subject matter of their
1237	1237	22 knowledge.
1238	1238	23 (2) The Statewide Enforcement Unit Board shall
1239	1239	24 investigate and complete an Investigative Summary Report
1240	1240	25 when a State's Attorney's Office submits a notice of
1241	1241	26 violation to the Board under (c)(1)(C).
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246
1247	1247	HB3641 - 34 - LRB104 12151 RTM 22250 b
1248	1248
1249	1249
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1251	1251	HB3641 - 35 - LRB104 12151 RTM 22250 b
1252	1252	1 (3) When a person submits a notice to the Statewide
1253	1253	2 Enforcement Unit Board under paragraph (2) of subsection
1254	1254	3 (c), The Board shall assign the investigation to the law
1255	1255	4 enforcement agency that employs the law enforcement
1256	1256	5 officer, except when: (i) the law enforcement agency
1257	1257	6 requests to refer the notice to another law enforcement
1258	1258	7 agency or the Board for investigation and such other
1259	1259	8 agency or the Board agrees to conduct the investigation;
1260	1260	9 (ii) an external, independent, or civilian oversight
1261	1261	10 agency conducts the investigation in accordance with local
1262	1262	11 ordinance or other applicable law; or (iii) the Executive
1263	1263	12 Director Board has determined that it will conduct the
1264	1264	13 investigation based upon the facts and circumstances of
1265	1265	14 the alleged violation, including but not limited to,
1266	1266	15 investigations regarding the Sheriff or Chief Chief or
1267	1267	16 Sheriff of a law enforcement agency, familial conflict of
1268	1268	17 interests, complaints involving a substantial portion of a
1269	1269	18 law enforcement agency, or complaints involving a policy
1270	1270	19 of a law enforcement agency.
1271	1271	20 The investigating entity or agency shall submit
1272	1272	21 quarterly reports to the Board regarding the progress of
1273	1273	22 the investigation in a form to be determined by the Board.
1274	1274	23 The quarterly report shall be reviewed by the individual
1275	1275	24 at the Statewide Enforcement Unit Board who conducted the
1276	1276	25 preliminary review, if available.
1277	1277	26 The investigating entity or agency shall, within 7 days of
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282
1283	1283	HB3641 - 35 - LRB104 12151 RTM 22250 b
1284	1284
1285	1285
1286	1286	HB3641- 36 -LRB104 12151 RTM 22250 b HB3641 - 36 - LRB104 12151 RTM 22250 b
1287	1287	HB3641 - 36 - LRB104 12151 RTM 22250 b
1288	1288	1 completing an investigation, deliver an Investigative
1289	1289	2 Summary Report and copies of any evidence to the Statewide
1290	1290	3 Enforcement Unit and the Executive Director Board. If the
1291	1291	4 Statewide Enforcement Unit or Executive Director Board
1292	1292	5 finds an investigation conducted under this subsection
1293	1293	6 (f)(3) is incomplete, unsatisfactory, biased, or deficient
1294	1294	7 in any way, the Executive Director Board may direct the
1295	1295	8 investigating entity to take any additional investigative
1296	1296	9 steps deemed necessary to thoroughly and satisfactorily
1297	1297	10 complete the investigation, or the Statewide Enforcement
1298	1298	11 Unit Board may take any steps necessary to complete the
1299	1299	12 investigation. The investigating entity or agency or, when
1300	1300	13 necessary, the Statewide Enforcement Unit Board will then
1301	1301	14 amend and re-submit the Investigative Summary Report to
1302	1302	15 the Executive Director Board for approval. The
1303	1303	16 investigating entity shall cooperate with and assist the
1304	1304	17 Statewide Enforcement Unit Board, as necessary, in any
1305	1305	18 subsequent investigation.
1306	1306	19 (4) Concurrent Investigations. The Statewide
1307	1307	20 Enforcement Unit Board may, at any point, initiate a
1308	1308	21 concurrent investigation under this Section section. The
1309	1309	22 original investigating entity shall timely communicate,
1310	1310	23 coordinate, and cooperate with the Statewide Enforcement
1311	1311	24 Unit Board to the fullest extent. The Board shall
1312	1312	25 promulgate rules that shall address, at a minimum, the
1313	1313	26 sharing of information and investigative means such as
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318
1319	1319	HB3641 - 36 - LRB104 12151 RTM 22250 b
1320	1320
1321	1321
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1323	1323	HB3641 - 37 - LRB104 12151 RTM 22250 b
1324	1324	1 subpoenas and interviewing witnesses.
1325	1325	2 (5) Investigative Summary Report. An Investigative
1326	1326	3 Summary Report shall contain, at a minimum, the
1327	1327	4 allegations and elements within each allegation followed
1328	1328	5 by the testimonial, documentary, or physical evidence that
1329	1329	6 is relevant to each such allegation or element listed and
1330	1330	7 discussed in association with it. All persons who have
1331	1331	8 been interviewed and listed in the Investigative Summary
1332	1332	9 Report will be identified as a complainant, witness,
1333	1333	10 person with specialized knowledge, or law enforcement
1334	1334	11 employee.
1335	1335	12 (6) Each law enforcement agency shall adopt a written
1336	1336	13 policy regarding the investigation of conduct under
1337	1337	14 subsection (a) that involves a law enforcement officer
1338	1338	15 employed by that law enforcement agency. The written
1339	1339	16 policy adopted must include the following, at a minimum:
1340	1340	17 (a) Each law enforcement officer shall immediately
1341	1341	18 report any conduct under subsection (b) to the
1342	1342	19 appropriate supervising officer.
1343	1343	20 (b) The written policy under this Section shall be
1344	1344	21 available for inspection and copying under the Freedom
1345	1345	22 of Information Act, and not subject to any exemption
1346	1346	23 of that Act.
1347	1347	24 (7) Nothing in this Act shall prohibit a law
1348	1348	25 enforcement agency from conducting an investigation for
1349	1349	26 the purpose of internal discipline. However, any such
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354
1355	1355	HB3641 - 37 - LRB104 12151 RTM 22250 b
1356	1356
1357	1357
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1359	1359	HB3641 - 38 - LRB104 12151 RTM 22250 b
1360	1360	1 investigation shall be conducted in a manner that avoids
1361	1361	2 interference with, and preserves the integrity of, any
1362	1362	3 separate investigation by the Statewide Enforcement Unit
1363	1363	4 Board being conducted.
1364	1364	5 (8) The Board, executive director, and investigators
1365	1365	6 performing investigations conducted under this Section
1366	1366	7 shall preserve all evidence. This information shall be
1367	1367	8 contained in a single investigation file. Upon the filing
1368	1368	9 of formal complaint seeking decertification, the
1369	1369	10 investigation file shall be subject to unredacted
1370	1370	11 disclosure to the law enforcement officer subject of the
1371	1371	12 investigation.
1372	1372	13 (g) Formal complaints. Upon receipt of an Investigative
1373	1373	14 Summary Report, the Statewide Enforcement Unit Board shall
1374	1374	15 review the Report and any relevant evidence obtained and
1375	1375	16 determine whether there is reasonable basis to believe that
1376	1376	17 the law enforcement officer committed any conduct that would
1377	1377	18 be deemed a violation of this Act. If after reviewing the
1378	1378	19 Report and any other relevant evidence obtained, the Statewide
1379	1379	20 Enforcement Unit Board determines that a reasonable basis does
1380	1380	21 exist, the Statewide Enforcement Unit Board shall file a
1381	1381	22 formal complaint with the Certification Review Panel.
1382	1382	23 (h) Formal Complaint Hearing.
1383	1383	24 (1) Upon issuance of a formal complaint by the
1384	1384	25 Enforcement Unit, the Panel shall set the matter for an
1385	1385	26 initial hearing in front of an administrative law judge.
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390
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1392	1392
1393	1393
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1395	1395	HB3641 - 39 - LRB104 12151 RTM 22250 b
1396	1396	1 At least 30 days before the date set for an initial
1397	1397	2 hearing, the Panel must, in writing, notify the law
1398	1398	3 enforcement officer subject to the complaint of the
1399	1399	4 following:
1400	1400	5 (i) the allegations against the law enforcement
1401	1401	6 officer, the time and place for the hearing, and
1402	1402	7 whether the law enforcement officer's certification
1403	1403	8 has been temporarily suspended under Section 8.3;
1404	1404	9 (ii) the right to file a written answer to the
1405	1405	10 complaint with the Panel within 30 days after service
1406	1406	11 of the notice;
1407	1407	12 (iii) that if the law enforcement officer fails to
1408	1408	13 comply with the notice of the default order in
1409	1409	14 paragraph (2), the Panel shall enter a default order
1410	1410	15 against the law enforcement officer along with a
1411	1411	16 finding that the allegations in the complaint are
1412	1412	17 deemed admitted, and that the law enforcement
1413	1413	18 officer's certification may be revoked as a result;
1414	1414	19 and
1415	1415	20 (iv) that the law enforcement officer may request
1416	1416	21 an informal conference to surrender the officer's
1417	1417	22 certification.
1418	1418	23 (2) The Board shall send the law enforcement officer
1419	1419	24 notice of the default order. The notice shall state that
1420	1420	25 the officer has 30 days to notify the Board in writing of
1421	1421	26 their desire to have the order vacated and to appear
1422	1422
1423	1423
1424	1424
1425	1425
1426	1426
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1428	1428
1429	1429
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1431	1431	HB3641 - 40 - LRB104 12151 RTM 22250 b
1432	1432	1 before the Board. If the law enforcement officer does not
1433	1433	2 notify the Board within 30 days, the Board may set the
1434	1434	3 matter for hearing. If the matter is set for hearing, the
1435	1435	4 Board shall send the law enforcement officer the notice of
1436	1436	5 the date, time and location of the hearing. If the law
1437	1437	6 enforcement officer or counsel for the officer does
1438	1438	7 appear, at the Board's discretion, the hearing may proceed
1439	1439	8 or may be continued to a date and time agreed upon by all
1440	1440	9 parties. If on the date of the hearing, neither the law
1441	1441	10 enforcement officer nor counsel for the officer appears,
1442	1442	11 the Board may proceed with the hearing for default in
1443	1443	12 their absence.
1444	1444	13 (3) If the law enforcement officer fails to comply
1445	1445	14 with paragraph (2), all of the allegations contained in
1446	1446	15 the complaint shall be deemed admitted and the law
1447	1447	16 enforcement officer shall be decertified if, by a majority
1448	1448	17 vote of the Panel panel, the conduct charged in the
1449	1449	18 complaint is found to constitute sufficient grounds for
1450	1450	19 decertification under this Act. Notice of the
1451	1451	20 decertification decision may be served by personal
1452	1452	21 delivery, by mail, or, at the discretion of the Board, by
1453	1453	22 electronic means as adopted by rule to the address or
1454	1454	23 email address specified by the law enforcement officer in
1455	1455	24 the officer's last communication with the Board. Notice
1456	1456	25 shall also be provided to the law enforcement officer's
1457	1457	26 employing law enforcement agency.
1458	1458
1459	1459
1460	1460
1461	1461
1462	1462
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1464	1464
1465	1465
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1467	1467	HB3641 - 41 - LRB104 12151 RTM 22250 b
1468	1468	1 (4) The Board, at the request of the law enforcement
1469	1469	2 officer subject to the Formal Complaint, may suspend a
1470	1470	3 hearing on a Formal Complaint for no more than one year if
1471	1471	4 a concurrent criminal matter is pending. If the law
1472	1472	5 enforcement officer requests to have the hearing
1473	1473	6 suspended, the law enforcement officer's certification
1474	1474	7 shall be deemed inactive until the law enforcement
1475	1475	8 officer's Formal Complaint hearing concludes. The Board or
1476	1476	9 the law enforcement officer may request to have the
1477	1477	10 hearing suspended for up to 6 additional months for good
1478	1478	11 cause. This request may be renewed. For purposes of this
1479	1479	12 paragraph (4), "good cause" means an incident or
1480	1480	13 occurrence that is beyond the control of the requester and
1481	1481	14 that prevents the hearing from occurring, or holding the
1482	1482	15 hearing would impose an undue hardship or prejudice on the
1483	1483	16 requester.
1484	1484	17 (5) Surrender of certification or waiver. Upon the
1485	1485	18 Board's issuance of a complaint, and prior to hearing on
1486	1486	19 the matter, a law enforcement officer may choose to
1487	1487	20 surrender the officer's certification or waiver by
1488	1488	21 notifying the Board in writing of the officer's decision
1489	1489	22 to do so. Upon receipt of such notification from the law
1490	1490	23 enforcement officer, the Board shall immediately decertify
1491	1491	24 the officer, or revoke any waiver previously granted. In
1492	1492	25 the case of a surrender of certification or waiver, the
1493	1493	26 Board's proceeding shall terminate.
1494	1494
1495	1495
1496	1496
1497	1497
1498	1498
1499	1499	HB3641 - 41 - LRB104 12151 RTM 22250 b
1500	1500
1501	1501
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1503	1503	HB3641 - 42 - LRB104 12151 RTM 22250 b
1504	1504	1 (6) Appointment of administrative law judges. The
1505	1505	2 Board shall retain any attorney licensed to practice law
1506	1506	3 in the State of Illinois to serve as an administrative law
1507	1507	4 judge in any action involving a law enforcement officer
1508	1508	5 under this Act. The administrative law judge shall be
1509	1509	6 retained to a term of no greater than 4 years. If more than
1510	1510	7 one judge is retained, the terms shall be staggered. The
1511	1511	8 administrative law judge has full authority to conduct the
1512	1512	9 hearings.
1513	1513	10 Administrative law judges will receive initial and
1514	1514	11 annual training that is adequate in quality, quantity,
1515	1515	12 scope, and type, and will cover, at minimum the following
1516	1516	13 topics:
1517	1517	14 (i) constitutional and other relevant law on
1518	1518	15 police-community encounters, including the law on the
1519	1519	16 use of force and stops, searches, and arrests;
1520	1520	17 (ii) police tactics;
1521	1521	18 (iii) investigations of police conduct;
1522	1522	19 (iv) impartial policing;
1523	1523	20 (v) policing individuals in crisis;
1524	1524	21 (vi) Illinois police policies, procedures, and
1525	1525	22 disciplinary rules;
1526	1526	23 (vii) procedural justice; and
1527	1527	24 (viii) community outreach.
1528	1528	25 The Board shall determine the content and extent of
1529	1529	26 the training within the scope provided for by this
1530	1530
1531	1531
1532	1532
1533	1533
1534	1534
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1536	1536
1537	1537
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1539	1539	HB3641 - 43 - LRB104 12151 RTM 22250 b
1540	1540	1 subsection.
1541	1541	2 (7) Hearing. At the hearing, the administrative law
1542	1542	3 judge will hear the allegations alleged in the complaint.
1543	1543	4 The law enforcement officer or , the counsel for of the
1544	1544	5 officer officer's choosing, and the Statewide Enforcement
1545	1545	6 Unit Board, or the officer's counsel, shall be afforded
1546	1546	7 the opportunity to present any pertinent statements,
1547	1547	8 testimony, evidence, and arguments. The law enforcement
1548	1548	9 officer shall be afforded the opportunity to request that
1549	1549	10 the Board compel the attendance of witnesses and
1550	1550	11 production of related documents. After the conclusion of
1551	1551	12 the hearing, the administrative law judge shall report any
1552	1552	13 findings of fact, conclusions of law, and recommended
1553	1553	14 disposition to the Panel. If the law enforcement officer
1554	1554	15 objects to any procedural or substantive legal portion of
1555	1555	16 the report, the officer may do so by written brief filed
1556	1556	17 with the Panel within 14 days after receipt of the report.
1557	1557	18 The Panel may grant reasonable extensions for good cause
1558	1558	19 shown or when mutually agreed upon by the parties.
1559	1559	20 No later than 28 days before the hearing, the law
1560	1560	21 enforcement officer or the law enforcement officer's
1561	1561	22 counsel a party shall disclose the following to the Board:
1562	1562	23 (i) The name and, if known, the address and
1563	1563	24 telephone number of each individual likely to have
1564	1564	25 information relevant to the hearing that the law
1565	1565	26 enforcement officer disclosing party may use to
1566	1566
1567	1567
1568	1568
1569	1569
1570	1570
1571	1571	HB3641 - 43 - LRB104 12151 RTM 22250 b
1572	1572
1573	1573
1574	1574	HB3641- 44 -LRB104 12151 RTM 22250 b HB3641 - 44 - LRB104 12151 RTM 22250 b
1575	1575	HB3641 - 44 - LRB104 12151 RTM 22250 b
1576	1576	1 support its claims or defenses. This includes, but is
1577	1577	2 not limited to, any name that has previously been held
1578	1578	3 as confidential by the Board.
1579	1579	4 (ii) A copy of any documents and videos that are in
1580	1580	5 the possession, custody, or control of the law
1581	1581	6 enforcement officer party, and that the law
1582	1582	7 enforcement officer disclosing party may use to
1583	1583	8 support its claims or defenses.
1584	1584	9 No later than 28 days after the filing of a formal
1585	1585	10 complaint, the Statewide Enforcement Unit shall give
1586	1586	11 to the law enforcement officer or their counsel a copy
1587	1587	12 of the complete and unredacted "investigation file" as
1588	1588	13 defined in paragraph (f) of subsection (f) including,
1589	1589	14 but not limited to, any name that has previously been
1590	1590	15 held as confidential by the Statewide Enforcement Unit
1591	1591	16 or Board.
1592	1592	17 (8) Certification Review Meeting. Upon receipt of the
1593	1593	18 administrative law judge's findings of fact, conclusions
1594	1594	19 of law, and recommended disposition, and any submitted
1595	1595	20 objections from the law enforcement officer, the Panel
1596	1596	21 shall call for a certification review meeting.
1597	1597	22 In such a meeting, the Panel may adjourn into a closed
1598	1598	23 conference for the purposes of deliberating on the
1599	1599	24 evidence presented during the hearing. In closed
1600	1600	25 conference, the Panel shall consider the hearing officer's
1601	1601	26 findings of fact, conclusions of law, and recommended
1602	1602
1603	1603
1604	1604
1605	1605
1606	1606
1607	1607	HB3641 - 44 - LRB104 12151 RTM 22250 b
1608	1608
1609	1609
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1611	1611	HB3641 - 45 - LRB104 12151 RTM 22250 b
1612	1612	1 disposition and may deliberate on all evidence and
1613	1613	2 testimony received and may consider the weight and
1614	1614	3 credibility to be given to the evidence received. No new
1615	1615	4 or additional evidence may be presented to the Panel.
1616	1616	5 After concluding its deliberations, the Panel shall
1617	1617	6 convene in open session for its consideration of the
1618	1618	7 matter. If a simple majority of the Panel finds that no
1619	1619	8 allegations in the complaint supporting one or more
1620	1620	9 charges of misconduct are proven by clear and convincing
1621	1621	10 evidence, then the Panel shall recommend to the Board that
1622	1622	11 the complaint be dismissed. If a simple majority of the
1623	1623	12 Panel finds that the allegations in the complaint
1624	1624	13 supporting one or more charges of misconduct are proven by
1625	1625	14 clear and convincing evidence, then the Panel shall
1626	1626	15 recommend to the Board to decertify the officer. The Panel
1627	1627	16 shall prepare a summary report as soon as practicable
1628	1628	17 after the completion of the meeting including the
1629	1629	18 following: the hearing officer's findings of fact,
1630	1630	19 conclusions of law, recommended disposition, and the
1631	1631	20 Panel's order.
1632	1632	21 (9) Final action by the Board. After receiving the
1633	1633	22 Panel's recommendations and any objections by the law
1634	1634	23 enforcement officer, and after due consideration of the
1635	1635	24 Panel's recommendations, the Board, by majority vote,
1636	1636	25 shall issue a final decision to decertify the law
1637	1637	26 enforcement officer or take no action in regard to the law
1638	1638
1639	1639
1640	1640
1641	1641
1642	1642
1643	1643	HB3641 - 45 - LRB104 12151 RTM 22250 b
1644	1644
1645	1645
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1647	1647	HB3641 - 46 - LRB104 12151 RTM 22250 b
1648	1648	1 enforcement officer. No new or additional evidence may be
1649	1649	2 presented to the Board. If the Board makes a final
1650	1650	3 decision contrary to the recommendations of the Panel, the
1651	1651	4 Board shall set forth in its final written decision the
1652	1652	5 specific written reasons for not following the Panel's
1653	1653	6 recommendations. A copy of the Board's final decision
1654	1654	7 shall be served upon the law enforcement officer by the
1655	1655	8 Board, either personally or as provided in this Act for
1656	1656	9 the service of a notice of hearing. A copy of the Board's
1657	1657	10 final decision also shall be delivered to the last
1658	1658	11 employing law enforcement agency, the complainant, and the
1659	1659	12 Panel.
1660	1660	13 (10) Reconsideration of the Board's Decision. Within
1661	1661	14 30 days after service of the Board's final decision, the
1662	1662	15 Panel or the law enforcement officer may file a written
1663	1663	16 motion for reconsideration with the Review Committee. The
1664	1664	17 motion for reconsideration shall specify the particular
1665	1665	18 grounds for reconsideration. The non-moving party may
1666	1666	19 respond to the motion for reconsideration. The Review
1667	1667	20 Committee shall only address the issues raised by the
1668	1668	21 parties.
1669	1669	22 The Review Committee may deny the motion for
1670	1670	23 reconsideration, or it may grant the motion in whole or in
1671	1671	24 part and issue a new final decision in the matter. The
1672	1672	25 Review Committee must notify the law enforcement officer
1673	1673	26 and their last employing law enforcement agency within 14
1674	1674
1675	1675
1676	1676
1677	1677
1678	1678
1679	1679	HB3641 - 46 - LRB104 12151 RTM 22250 b
1680	1680
1681	1681
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1683	1683	HB3641 - 47 - LRB104 12151 RTM 22250 b
1684	1684	1 days of a denial and state the reasons for denial.
1685	1685	2 (i) This Section applies to conduct by a full-time or
1686	1686	3 part-time law enforcement officer in violation of subsection
1687	1687	4 (b) that occurred before, on, or after the effective date of
1688	1688	5 this amendatory Act of the 102nd General Assembly.
1689	1689	6 (j) Notwithstanding any provision of law to the contrary,
1690	1690	7 the changes made to this Section by this amendatory Act of the
1691	1691	8 102nd General Assembly and Public Act 101-652 take effect July
1692	1692	9 1, 2022.
1693	1693	10 (k) Annual report. The Board shall submit an annual report
1694	1694	11 to the Governor, Attorney General, President and Minority
1695	1695	12 Leader of the Senate, and the Speaker and Minority Leader of
1696	1696	13 the House of Representatives on or before March 1, 2026, and
1697	1697	14 every year thereafter indicating:
1698	1698	15 (1) the number of complaints under this Section
1699	1699	16 received in the preceding calendar year, including but not
1700	1700	17 limited to the race, gender, and type of discretionary
1701	1701	18 decertification complaints received;
1702	1702	19 (2) the number of investigations initiated in the
1703	1703	20 preceding calendar year since the date of the last report;
1704	1704	21 (3) the number of investigations concluded in the
1705	1705	22 preceding calendar year;
1706	1706	23 (4) the number of investigations pending as of the
1707	1707	24 last date of the preceding calendar year;
1708	1708	25 (5) the number of hearings held in the preceding
1709	1709	26 calendar year;
1710	1710
1711	1711
1712	1712
1713	1713
1714	1714
1715	1715	HB3641 - 47 - LRB104 12151 RTM 22250 b
1716	1716
1717	1717
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1719	1719	HB3641 - 48 - LRB104 12151 RTM 22250 b
1720	1720	1 (6) the number of officers decertified in the
1721	1721	2 preceding calendar year;
1722	1722	3 (7) the number of officers where insufficient cause
1723	1723	4 for decertification was found by an investigator
1724	1724	5 conducting an investigation under this Section; and
1725	1725	6 (8) the number of officers where insufficient cause
1726	1726	7 for decertification was found by an administrative law
1727	1727	8 judge, review panel, or Board.
1728	1728	9 The annual report shall be publicly available on the
1729	1729	10 website of the Board.
1730	1730	11 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
1731	1731	12 (50 ILCS 705/6.4 new)
1732	1732	13 Sec. 6.4. Denials and Certain Appeals
1733	1733	14 (a) The Board shall issue a formal written notice of the
1734	1734	15 denial of training waiver, denial of initial certification or
1735	1735	16 the intent to decertify under Section 6.1 within 15 days of the
1736	1736	17 decision. The Board shall set forth the specific reasons for
1737	1737	18 the waiver denial, denial of initial certification or
1738	1738	19 automatic decertification and serve the officer, personally,
1739	1739	20 by e-mail, or by certified mail. The Board shall also inform
1740	1740	21 the law enforcement officer of the ability to appeal the
1741	1741	22 decision in writing or by a hearing.
1742	1742	23 (1) A law enforcement officer whose application for a
1743	1743	24 training waiver is denied by the Board, who is denied
1744	1744	25 initial certification, or who is notified of the intent to
1745	1745
1746	1746
1747	1747
1748	1748
1749	1749
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1751	1751
1752	1752
1753	1753	HB3641- 49 -LRB104 12151 RTM 22250 b HB3641 - 49 - LRB104 12151 RTM 22250 b
1754	1754	HB3641 - 49 - LRB104 12151 RTM 22250 b
1755	1755	1 decertify under Section 6.1, may submit an appeal that
1756	1756	2 shall include the particular reasons why the law
1757	1757	3 enforcement officer believes that the decision to deny the
1758	1758	4 waiver, certification, or decertify pursuant to Section
1759	1759	5 6.1 was incorrect and all relevant document the law
1760	1760	6 enforcement officer believes supports the appeal, within
1761	1761	7 10 days after service of the notice of the denial. The
1762	1762	8 officer may request a summary hearing in front of the
1763	1763	9 Board where limited testimony may be offered to provide
1764	1764	10 evidence not available via documentary evidence.
1765	1765	11 (b) When a Notice of Non-Compliance has been sent under
1766	1766	12 Section 6.2, the law enforcement agency may request to
1767	1767	13 schedule the matter for an informal conference at which the
1768	1768	14 law enforcement agency will meet with the Board in an attempt
1769	1769	15 to resolve the matter.
1770	1770	16 A request by the law enforcement agency for an informal
1771	1771	17 conference must be received by the Board within 15 days after
1772	1772	18 the receipt of the Notice of Non-Compliance. Should a
1773	1773	19 resolution not be reached, the matter shall be set for
1774	1774	20 hearing.
1775	1775	21 (c) The Board may create a committee to hear and decide the
1776	1776	22 appeals under this Section.
1777	1777	23 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
1778	1778	24 Sec. 8.1. Full-time law enforcement and county corrections
1779	1779	25 officers.
1780	1780
1781	1781
1782	1782
1783	1783
1784	1784
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1786	1786
1787	1787
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1789	1789	HB3641 - 50 - LRB104 12151 RTM 22250 b
1790	1790	1 (a) The Board shall establish minimum certification
1791	1791	2 standards for all officers that shall include: No person shall
1792	1792	3 receive a permanent appointment as a law enforcement officer
1793	1793	4 or a permanent appointment as a county corrections officer
1794	1794	5 unless that person has been awarded, within 6 months of the
1795	1795	6 officer's initial full-time employment, a certificate
1796	1796	7 attesting to the officer's successful completion of the
1797	1797	8 Minimum Standards Basic Law Enforcement or County Correctional
1798	1798	9 Training Course as prescribed by the Board to be completed
1799	1799	10 within 6 months of the applicant's initial full-time
1800	1800	11 employment; or has been awarded a certificate attesting to the
1801	1801	12 applicant's officer's satisfactory completion of a training
1802	1802	13 program of similar content and number of hours and which
1803	1803	14 course has been found acceptable by the Board under the
1804	1804	15 provisions of this Act. ; or The Board shall grant a training
1805	1805	16 waiver by reason of prior law enforcement or county
1806	1806	17 corrections experience, obtained in Illinois, in any other
1807	1807	18 state, or with an agency of the federal government, where the
1808	1808	19 basic training requirement is determined by the Board to be
1809	1809	20 sufficient illogical and unreasonable. Agencies seeking a
1810	1810	21 reciprocity waiver for training completed outside of Illinois
1811	1811	22 must conduct a thorough background check and provide
1812	1812	23 verification of the officer's prior training. After review and
1813	1813	24 satisfaction of all requested conditions related to training,
1814	1814	25 the officer shall be awarded an equivalency waiver certificate
1815	1815	26 satisfying the training requirements of this Section. Within
1816	1816
1817	1817
1818	1818
1819	1819
1820	1820
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1822	1822
1823	1823
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1825	1825	HB3641 - 51 - LRB104 12151 RTM 22250 b
1826	1826	1 60 days after the effective date of this amendatory Act of the
1827	1827	2 103rd General Assembly, the Board shall adopt uniform rules
1828	1828	3 providing for a training waiver process for a person
1829	1829	4 previously employed and qualified as a law enforcement or
1830	1830	5 county corrections officer under federal law or the laws of
1831	1831	6 any other state, or who has completed a basic law enforcement
1832	1832	7 officer or correctional officer academy who would be qualified
1833	1833	8 to be employed as a law enforcement officer or correctional
1834	1834	9 officer by the federal government or any other state. These
1835	1835	10 rules shall address the process for evaluating prior training
1836	1836	11 credit, a description and list of the courses typically
1837	1837	12 required for reciprocity candidates to complete prior to
1838	1838	13 taking the exam, and a procedure for employers seeking a
1839	1839	14 pre-activation determination for a reciprocity training
1840	1840	15 waiver. The rules shall provide that any eligible person
1841	1841	16 previously trained as a law enforcement or county corrections
1842	1842	17 officer under federal law or the laws of any other state shall
1843	1843	18 successfully complete the following prior to the approval of a
1844	1844	19 training waiver:
1845	1845	20 (1) a training program or set of coursework approved
1846	1846	21 by the Board on the laws of this State relevant to the
1847	1847	22 duties and training requirements of law enforcement and
1848	1848	23 county correctional officers;
1849	1849	24 (2) firearms training; and
1850	1850	25 (3) successful passage of the equivalency
1851	1851	26 certification examination.
1852	1852
1853	1853
1854	1854
1855	1855
1856	1856
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1858	1858
1859	1859
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1862	1862	1 If such training is required and not completed within the
1863	1863	2 applicable 6 months, then the officer must forfeit the
1864	1864	3 officer's position, or the employing agency must obtain a
1865	1865	4 waiver from the Board extending the period for compliance.
1866	1866	5 Such training waiver shall be issued only for good and
1867	1867	6 justifiable reasons, and in no case shall extend more than 90
1868	1868	7 days beyond the initial 6 months. Any hiring agency that fails
1869	1869	8 to train a law enforcement officer within this period shall be
1870	1870	9 prohibited from employing this individual in a law enforcement
1871	1871	10 capacity for one year from the date training was to be
1872	1872	11 completed. If an agency again fails to train the individual a
1873	1873	12 second time, the agency shall be permanently barred from
1874	1874	13 employing this individual in a law enforcement capacity.
1875	1875	14 If the Board declines to grant a training waiver, the
1876	1876	15 Board must mail the refusal to the applicant and their
1877	1877	16 supporting law enforcement agency by both certified and
1878	1878	17 regular mail at the last known address of record. The
1879	1879	18 notification shall include a statement of determination,
1880	1880	19 reasons for denial, and the applicant's and law enforcement
1881	1881	20 agency's rights to contest and appeal under Section 6.4.
1882	1882	21 Should the applicant or law enforcement agency not appeal
1883	1883	22 within the time period specified in Section 6.4, the Board may
1884	1884	23 deem the law enforcement officer's waiver denied.
1885	1885	24 (4) successful completion of a background
1886	1886	25 investigation including:
1887	1887	26 (A) a state and national background check,
1888	1888
1889	1889
1890	1890
1891	1891
1892	1892
1893	1893	HB3641 - 52 - LRB104 12151 RTM 22250 b
1894	1894
1895	1895
1896	1896	HB3641- 53 -LRB104 12151 RTM 22250 b HB3641 - 53 - LRB104 12151 RTM 22250 b
1897	1897	HB3641 - 53 - LRB104 12151 RTM 22250 b
1898	1898	1 including, but not limited to, a full employment
1899	1899	2 history; provided, that if the applicant has been
1900	1900	3 previously employed in law enforcement in any state or
1901	1901	4 United States territory or by the federal government,
1902	1902	5 the applicant's full employment record, including
1903	1903	6 complaints, discipline, and rejected applications,
1904	1904	7 shall be evaluated in the background check. The
1905	1905	8 background check shall be conducted under the
1906	1906	9 procedures established by the Board and include a
1907	1907	10 criminal background records check in accordance with
1908	1908	11 the Prison Rape Elimination Act (PREA), 28 C.F.R.
1909	1909	12 115.317, the National Decertification Index, the
1910	1910	13 National Crime Information Center database, and the
1911	1911	14 Law Enforcement Agencies Data System (LEADS).
1912	1912	15 (B) a social media search of the applicant. This
1913	1913	16 search shall include, but is not limited to, the
1914	1914	17 following, whether the applicant has:
1915	1915	18 (i) Made statements, posts, shared posts, or
1916	1916	19 comments in support of, or that demonstrates,
1917	1917	20 espouses, advocates, or supports public expression
1918	1918	21 of lawlessness or bias or discrimination. The
1919	1919	22 Board shall preserve a copy of any posts, shared
1920	1920	23 posts, or comments in support of anything
1921	1921	24 violative of this Section the investigation files
1922	1922	25 as evidence of unsuitability; or
1923	1923	26 (ii) Outwardly facing social media activity
1924	1924
1925	1925
1926	1926
1927	1927
1928	1928
1929	1929	HB3641 - 53 - LRB104 12151 RTM 22250 b
1930	1930
1931	1931
1932	1932	HB3641- 54 -LRB104 12151 RTM 22250 b HB3641 - 54 - LRB104 12151 RTM 22250 b
1933	1933	HB3641 - 54 - LRB104 12151 RTM 22250 b
1934	1934	1 that would otherwise undermine public confidence
1935	1935	2 in law enforcement or in the applicant's ability
1936	1936	3 to carry out the public safety mission in a legal,
1937	1937	4 constitutional, unbiased, and non-discriminatory
1938	1938	5 fashion. The Board shall preserve a copy of any
1939	1939	6 posts, shared posts, or comments in support of
1940	1940	7 anything violative of this Section the
1941	1941	8 investigation files as evidence of certification
1942	1942	9 unsuitability; and
1943	1943	10 (iii) A check of the applicant's lack of
1944	1944	11 participation with any foreign terrorist
1945	1945	12 organization, domestic terrorist group, criminal
1946	1946	13 organization, hate group, or a group that
1947	1947	14 advocates for, espouses, or promotes the
1948	1948	15 commission of acts of force and violence, or any
1949	1949	16 other unlawful means, to overthrow a local, state,
1950	1950	17 or Federal government of the United States.
1951	1951	18 This search shall not include, and the Board
1952	1952	19 may not consider, posts that contain
1953	1953	20 characteristics of age, race, religion,
1954	1954	21 disability, or sex of the applicant.
1955	1955	22 (C) That the applicant has not been convicted of,
1956	1956	23 found guilty of, entered a plea of guilty to, or
1957	1957	24 entered a plea of nolo contendere to a felony offense,
1958	1958	25 any of the misdemeanors in Sections 11-1.50, 11-6,
1959	1959	26 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
1960	1960
1961	1961
1962	1962
1963	1963
1964	1964
1965	1965	HB3641 - 54 - LRB104 12151 RTM 22250 b
1966	1966
1967	1967
1968	1968	HB3641- 55 -LRB104 12151 RTM 22250 b HB3641 - 55 - LRB104 12151 RTM 22250 b
1969	1969	HB3641 - 55 - LRB104 12151 RTM 22250 b
1970	1970	1 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
1971	1971	2 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
1972	1972	3 violation of any Section of Part E of Title III of the
1973	1973	4 Criminal Code of 1961 or the Criminal Code of 2012, or
1974	1974	5 subsection (a) of Section 17-32 of the Criminal Code
1975	1975	6 of 1961 or the Criminal Code of 2012, or Section 5 or
1976	1976	7 5.2 of the Cannabis Control Act, or a crime involving
1977	1977	8 moral turpitude under the laws of this State or any
1978	1978	9 other state which if committed in this State would be
1979	1979	10 punishable as a felony or a crime of moral turpitude,
1980	1980	11 or any felony or misdemeanor in violation of federal
1981	1981	12 law or the law of any state that is the equivalent of
1982	1982	13 any of the offenses specified therein.
1983	1983	14 (i) The Board may deny certification to a
1984	1984	15 person who received a sentence of supervision,
1985	1985	16 conditional discharge, or first offender
1986	1986	17 probation, or any similar disposition provided for
1987	1987	18 by law for a violation under 6.1. The Board shall
1988	1988	19 review shall consider any evidence of
1989	1989	20 rehabilitation and mitigating factors contained in
1990	1990	21 the person's record, including any of the
1991	1991	22 following factors and evidence, to determine if
1992	1992	23 the violation will impair the ability of the law
1993	1993	24 enforcement officer:
1994	1994	25 (I) the lack of direct relation of the
1995	1995	26 offense for which the person was previously
1996	1996
1997	1997
1998	1998
1999	1999
2000	2000
2001	2001	HB3641 - 55 - LRB104 12151 RTM 22250 b
2002	2002
2003	2003
2004	2004	HB3641- 56 -LRB104 12151 RTM 22250 b HB3641 - 56 - LRB104 12151 RTM 22250 b
2005	2005	HB3641 - 56 - LRB104 12151 RTM 22250 b
2006	2006	1 convicted to the duties, functions, and
2007	2007	2 responsibilities of the law enforcement
2008	2008	3 officer;
2009	2009	4 (II) the age of the applicant at the time
2010	2010	5 of the criminal offense;
2011	2011	6 (III) successful completion of sentence;
2012	2012	7 (IV) evidence of the applicant's present
2013	2013	8 fitness and professional character;
2014	2014	9 (V) evidence of rehabilitation or
2015	2015	10 rehabilitative effort during or a term
2016	2016	11 conditional discharge, or first offender
2017	2017	12 probation, or any similar disposition provided
2018	2018	13 for by law; and
2019	2019	14 (VI) any other mitigating factors that
2020	2020	15 contribute to the person's potential and
2021	2021	16 current ability to perform as a law
2022	2022	17 enforcement officer.
2023	2023	18 An individual who is not certified by the Board or whose
2024	2024	19 certified status is inactive shall not function as a law
2025	2025	20 enforcement officer, be assigned the duties of a law
2026	2026	21 enforcement officer by an employing agency, or be authorized
2027	2027	22 to carry firearms under the authority of the employer, except
2028	2028	23 as otherwise authorized to carry a firearm under State or
2029	2029	24 federal law. Sheriffs who are elected as of January 1, 2022
2030	2030	25 (the effective date of Public Act 101-652) are exempt from the
2031	2031	26 requirement of certified status. Failure to be certified in
2032	2032
2033	2033
2034	2034
2035	2035
2036	2036
2037	2037	HB3641 - 56 - LRB104 12151 RTM 22250 b
2038	2038
2039	2039
2040	2040	HB3641- 57 -LRB104 12151 RTM 22250 b HB3641 - 57 - LRB104 12151 RTM 22250 b
2041	2041	HB3641 - 57 - LRB104 12151 RTM 22250 b
2042	2042	1 accordance with this Act shall cause the officer to forfeit
2043	2043	2 the officer's position.
2044	2044	3 An employing agency may not grant a person status as a law
2045	2045	4 enforcement officer unless the person has been granted an
2046	2046	5 active law enforcement officer certification by the Board.
2047	2047	6 (b) Inactive status. A person who has an inactive law
2048	2048	7 enforcement officer certification has no law enforcement
2049	2049	8 authority.
2050	2050	9 (1) A law enforcement officer's certification becomes
2051	2051	10 inactive 60 days after upon termination, resignation,
2052	2052	11 retirement, or separation from the officer's employing law
2053	2053	12 enforcement agency for any reason. The Board shall
2054	2054	13 re-activate a certification upon written application from
2055	2055	14 the law enforcement officer's law enforcement agency that
2056	2056	15 shows the law enforcement officer: (i) has accepted a
2057	2057	16 full-time law enforcement position with that law
2058	2058	17 enforcement agency, and (ii) is not the subject of a
2059	2059	18 decertification proceeding, and (iii) meets all other
2060	2060	19 criteria for re-activation required by the Board. The
2061	2061	20 Board may also establish special training requirements to
2062	2062	21 be completed as a condition for re-activation.
2063	2063	22 The Board shall review a notice for reactivation from
2064	2064	23 a law enforcement agency and provide a response within 30
2065	2065	24 days. The Board may extend this review for no more than
2066	2066	25 additional 60 days if there is missing or incomplete
2067	2067	26 information about the law enforcement officer available to
2068	2068
2069	2069
2070	2070
2071	2071
2072	2072
2073	2073	HB3641 - 57 - LRB104 12151 RTM 22250 b
2074	2074
2075	2075
2076	2076	HB3641- 58 -LRB104 12151 RTM 22250 b HB3641 - 58 - LRB104 12151 RTM 22250 b
2077	2077	HB3641 - 58 - LRB104 12151 RTM 22250 b
2078	2078	1 the Board sufficient to make a decision. The reason for
2079	2079	2 this extension must be documented. A law enforcement
2080	2080	3 officer shall be allowed to be employed as a full-time law
2081	2081	4 enforcement officer while the law enforcement officer
2082	2082	5 reactivation waiver is under review.
2083	2083	6 A law enforcement officer who is refused reactivation
2084	2084	7 or an employing agency of a law enforcement officer who is
2085	2085	8 refused reactivation under this Section may request a
2086	2086	9 hearing in accordance with the hearing procedures as
2087	2087	10 outlined in subsection (h) of Section 6.3 of this Act.
2088	2088	11 If the Board seeks to deny reactivation to a law
2089	2089	12 enforcement officer due to issues unrelated to training or
2090	2090	13 employment, it must proceed to discretionary
2091	2091	14 decertification under Section 6.3.
2092	2092	15 The Board may refuse to re-activate the certification
2093	2093	16 of a law enforcement officer who was involuntarily
2094	2094	17 terminated for good cause by an employing agency for
2095	2095	18 conduct subject to decertification under this Act or
2096	2096	19 resigned or retired after receiving notice of a law
2097	2097	20 enforcement agency's investigation.
2098	2098	21 (2) A law enforcement agency may place an officer who
2099	2099	22 is currently certified on inactive status by sending a
2100	2100	23 written request to the Board. A law enforcement officer
2101	2101	24 whose certificate has been placed on inactive status shall
2102	2102	25 not function as a law enforcement officer until the
2103	2103	26 officer has completed any requirements for reactivating
2104	2104
2105	2105
2106	2106
2107	2107
2108	2108
2109	2109	HB3641 - 58 - LRB104 12151 RTM 22250 b
2110	2110
2111	2111
2112	2112	HB3641- 59 -LRB104 12151 RTM 22250 b HB3641 - 59 - LRB104 12151 RTM 22250 b
2113	2113	HB3641 - 59 - LRB104 12151 RTM 22250 b
2114	2114	1 the certificate as required by the Board. A request for
2115	2115	2 inactive status in this subsection shall be in writing,
2116	2116	3 accompanied by verifying documentation, and shall be
2117	2117	4 submitted to the Board with a copy to the chief
2118	2118	5 administrator of the law enforcement officer's current or
2119	2119	6 new employing agency.
2120	2120	7 (3) Certification that has become inactive under
2121	2121	8 paragraph (2) of this subsection (b) shall be reactivated
2122	2122	9 by written notice from the law enforcement officer's
2123	2123	10 agency upon a showing that the law enforcement officer:
2124	2124	11 (i) is employed in a full-time law enforcement position
2125	2125	12 with the same law enforcement agency, and (ii) is not the
2126	2126	13 subject of a decertification proceeding, and (iii) meets
2127	2127	14 all other criteria for re-activation required by the
2128	2128	15 Board.
2129	2129	16 (4) Notwithstanding paragraph (3) of this subsection
2130	2130	17 (b), a law enforcement officer whose certification has
2131	2131	18 become inactive under paragraph (2) may have the officer's
2132	2132	19 employing agency submit a request for a waiver of training
2133	2133	20 requirements to the Board in writing and accompanied by
2134	2134	21 any verifying documentation. A grant of a waiver is within
2135	2135	22 the discretion of the Board. Within 7 days of receiving a
2136	2136	23 request for a waiver under this Section, the Board shall
2137	2137	24 notify the law enforcement officer and the chief
2138	2138	25 administrator of the law enforcement officer's employing
2139	2139	26 agency, whether the request has been granted, denied, or
2140	2140
2141	2141
2142	2142
2143	2143
2144	2144
2145	2145	HB3641 - 59 - LRB104 12151 RTM 22250 b
2146	2146
2147	2147
2148	2148	HB3641- 60 -LRB104 12151 RTM 22250 b HB3641 - 60 - LRB104 12151 RTM 22250 b
2149	2149	HB3641 - 60 - LRB104 12151 RTM 22250 b
2150	2150	1 if the Board will take additional time for information. If
2151	2151	2 a A law enforcement agency whose request for a waiver
2152	2152	3 under this subsection is denied the law enforcement
2153	2153	4 officer, law enforcement agency, or both the law
2154	2154	5 enforcement officer and the law enforcement agency are is
2155	2155	6 entitled to request a review of the denial by the Board.
2156	2156	7 The law enforcement agency must request a review within 20
2157	2157	8 days of the waiver being denied. The burden of proof shall
2158	2158	9 be on the law enforcement agency or law enforcement
2159	2159	10 officer to show why the law enforcement officer is
2160	2160	11 entitled to a waiver of the legislatively required
2161	2161	12 training and eligibility requirements.
2162	2162	13 (c) No provision of this Section shall be construed to
2163	2163	14 mean that a county corrections officer employed by a
2164	2164	15 governmental agency at the time of the effective date of this
2165	2165	16 amendatory Act, either as a probationary county corrections
2166	2166	17 officer or as a permanent county corrections officer, shall
2167	2167	18 require certification under the provisions of this Section. No
2168	2168	19 provision of this Section shall be construed to apply to
2169	2169	20 certification of elected county sheriffs.
2170	2170	21 (d) Within 14 days, a law enforcement officer shall report
2171	2171	22 to the Board: (1) any name change; (2) any change in
2172	2172	23 employment; or (3) the filing of any criminal indictment or
2173	2173	24 charges against the officer alleging that the officer
2174	2174	25 committed any offense as enumerated in Section 6.1 of this
2175	2175	26 Act.
2176	2176
2177	2177
2178	2178
2179	2179
2180	2180
2181	2181	HB3641 - 60 - LRB104 12151 RTM 22250 b
2182	2182
2183	2183
2184	2184	HB3641- 61 -LRB104 12151 RTM 22250 b HB3641 - 61 - LRB104 12151 RTM 22250 b
2185	2185	HB3641 - 61 - LRB104 12151 RTM 22250 b
2186	2186	1 (e) All law enforcement officers must report the
2187	2187	2 completion of the training requirements required in this Act
2188	2188	3 in compliance with Section 8.4 of this Act.
2189	2189	4 (e-1) Each employing law enforcement agency shall allow
2190	2190	5 and provide an opportunity for a law enforcement officer to
2191	2191	6 complete the mandated requirements in this Act. All mandated
2192	2192	7 training shall be provided at no cost to the employees.
2193	2193	8 Employees shall be paid for all time spent attending mandated
2194	2194	9 training.
2195	2195	10 (e-2) Each agency, academy, or training provider shall
2196	2196	11 maintain proof of a law enforcement officer's completion of
2197	2197	12 legislatively required training in a format designated by the
2198	2198	13 Board. The report of training shall be submitted to the Board
2199	2199	14 within 30 days following completion of the training. A copy of
2200	2200	15 the report shall be submitted to the law enforcement officer.
2201	2201	16 Upon receipt of a properly completed report of training, the
2202	2202	17 Board will make the appropriate entry into the training
2203	2203	18 records of the law enforcement officer.
2204	2204	19 (f) This Section does not apply to part-time law
2205	2205	20 enforcement officers or probationary part-time law enforcement
2206	2206	21 officers.
2207	2207	22 (g) Notwithstanding any provision of law to the contrary,
2208	2208	23 the changes made to this Section by Public Act 101-652, Public
2209	2209	24 Act 102-28, and Public Act 102-694 take effect July 1, 2022.
2210	2210	25 (h) An individual who is not certified by the Board or
2211	2211	26 whose certified status is inactive shall not function as a law
2212	2212
2213	2213
2214	2214
2215	2215
2216	2216
2217	2217	HB3641 - 61 - LRB104 12151 RTM 22250 b
2218	2218
2219	2219
2220	2220	HB3641- 62 -LRB104 12151 RTM 22250 b HB3641 - 62 - LRB104 12151 RTM 22250 b
2221	2221	HB3641 - 62 - LRB104 12151 RTM 22250 b
2222	2222	1 enforcement officer, be assigned the duties of a law
2223	2223	2 enforcement officer by an employing law enforcement agency, or
2224	2224	3 be authorized to carry firearms under the authority of the
2225	2225	4 employer, except as otherwise authorized to carry a firearm
2226	2226	5 under State or federal law. Sheriffs who are elected as of
2227	2227	6 January 1, 2022 (the effective date of Public Act 101-652) are
2228	2228	7 exempt from the requirement of certified status. Failure to be
2229	2229	8 certified in accordance with this Act shall cause the officer
2230	2230	9 to forfeit the officer's position.
2231	2231	10 An employing law enforcement agency may not grant a person
2232	2232	11 status as a law enforcement officer unless the person has been
2233	2233	12 granted an active law enforcement officer certification by the
2234	2234	13 Board.
2235	2235	14 No provision of this Section shall be construed to mean
2236	2236	15 that a county corrections officer employed by a governmental
2237	2237	16 agency at the time of the effective date of this amendatory
2238	2238	17 Act, either as a probationary county corrections officer or as
2239	2239	18 a permanent county corrections officer, shall require
2240	2240	19 certification under the provisions of this Section. No
2241	2241	20 provision of this Section shall be construed to apply to
2242	2242	21 certification of elected county sheriffs who are elected as of
2243	2243	22 January 1, 2022 (the effective date of Public Act 101-652.)
2244	2244	23 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
2245	2245	24 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
2246	2246	25 (50 ILCS 705/8.2)
2247	2247
2248	2248
2249	2249
2250	2250
2251	2251
2252	2252	HB3641 - 62 - LRB104 12151 RTM 22250 b
2253	2253
2254	2254
2255	2255	HB3641- 63 -LRB104 12151 RTM 22250 b HB3641 - 63 - LRB104 12151 RTM 22250 b
2256	2256	HB3641 - 63 - LRB104 12151 RTM 22250 b
2257	2257	1 Sec. 8.2. Part-time law enforcement officers.
2258	2258	2 (a) A person hired to serve as a part-time law enforcement
2259	2259	3 officer must obtain from the Board a certificate (i) attesting
2260	2260	4 to the officer's: (i) successful completion of the part-time
2261	2261	5 police training course or ; (ii) attesting to the officer's
2262	2262	6 satisfactory completion of a training program of similar
2263	2263	7 content and number of hours that has been found acceptable by
2264	2264	8 the Board under the provisions of this Act; or (iii) a training
2265	2265	9 waiver attesting to the Board's determination that the
2266	2266	10 part-time police training course is unnecessary because of the
2267	2267	11 person's prior law enforcement experience obtained in
2268	2268	12 Illinois, in any other state, or with an agency of the federal
2269	2269	13 government: (ii) successful completion of a background
2270	2270	14 investigation as dictated by Section 8.1(a)(2)(a)-(c).. A
2271	2271	15 person hired on or after March 14, 2002 (the effective date of
2272	2272	16 Public Act 92-533) this amendatory Act of the 92nd General
2273	2273	17 Assembly must obtain this certificate within 18 months after
2274	2274	18 the initial date of hire as a probationary part-time law
2275	2275	19 enforcement officer in the State of Illinois. The probationary
2276	2276	20 part-time law enforcement officer must be enrolled and
2277	2277	21 accepted into a Board-approved course within 6 months after
2278	2278	22 active employment by any department in the State. A person
2279	2279	23 hired on or after January 1, 1996 and before March 14, 2002
2280	2280	24 (the effective date of Public Act 92-533) this amendatory Act
2281	2281	25 of the 92nd General Assembly must obtain this certificate
2282	2282	26 within 18 months after the date of hire. A person hired before
2283	2283
2284	2284
2285	2285
2286	2286
2287	2287
2288	2288	HB3641 - 63 - LRB104 12151 RTM 22250 b
2289	2289
2290	2290
2291	2291	HB3641- 64 -LRB104 12151 RTM 22250 b HB3641 - 64 - LRB104 12151 RTM 22250 b
2292	2292	HB3641 - 64 - LRB104 12151 RTM 22250 b
2293	2293	1 January 1, 1996 must obtain this certificate within 24 months
2294	2294	2 after January 1, 1996 (the effective date of Public Act
2295	2295	3 89-170) this amendatory Act of 1995. Agencies seeking a
2296	2296	4 reciprocity waiver for training completed outside of Illinois
2297	2297	5 must conduct a thorough background check and provide
2298	2298	6 verification of the officer's prior training. After review and
2299	2299	7 satisfaction of all requested conditions, the officer shall be
2300	2300	8 awarded an equivalency certificate satisfying the requirements
2301	2301	9 of this Section. Within 60 days after January 1, 2024 (the
2302	2302	10 effective date of Public Act 103-389) this amendatory Act of
2303	2303	11 the 103rd General Assembly, the Board shall adopt uniform
2304	2304	12 rules providing for a waiver process for a person previously
2305	2305	13 employed and qualified as a law enforcement or county
2306	2306	14 corrections officer under federal law or the laws of any other
2307	2307	15 state, or who has completed a basic law enforcement officer or
2308	2308	16 correctional officer academy who would be qualified to be
2309	2309	17 employed as a law enforcement officer or correctional officer
2310	2310	18 by the federal government or any other state. These rules
2311	2311	19 shall address the process for evaluating prior training
2312	2312	20 credit, a description and list of the courses typically
2313	2313	21 required for reciprocity candidates to complete prior to
2314	2314	22 taking the exam, and a procedure for employers seeking a
2315	2315	23 pre-activation determination for a reciprocity training
2316	2316	24 waiver. The rules shall provide that any eligible person
2317	2317	25 previously trained as a law enforcement or county corrections
2318	2318	26 officer under federal law or the laws of any other state shall
2319	2319
2320	2320
2321	2321
2322	2322
2323	2323
2324	2324	HB3641 - 64 - LRB104 12151 RTM 22250 b
2325	2325
2326	2326
2327	2327	HB3641- 65 -LRB104 12151 RTM 22250 b HB3641 - 65 - LRB104 12151 RTM 22250 b
2328	2328	HB3641 - 65 - LRB104 12151 RTM 22250 b
2329	2329	1 successfully complete the following prior to the approval of a
2330	2330	2 waiver:
2331	2331	3 (1) a training program or set of coursework approved
2332	2332	4 by the Board on the laws of this State relevant to the
2333	2333	5 duties and training requirements of law enforcement and
2334	2334	6 county correctional officers;
2335	2335	7 (2) firearms training; and
2336	2336	8 (3) successful passage of the equivalency
2337	2337	9 certification examination.
2338	2338	10 The employing agency may seek an extension waiver from the
2339	2339	11 Board extending the period for compliance. An extension waiver
2340	2340	12 shall be issued only for good and justifiable reasons, and the
2341	2341	13 probationary part-time law enforcement officer may not
2342	2342	14 practice as a part-time law enforcement officer during the
2343	2343	15 extension waiver period. If training is required and not
2344	2344	16 completed within the applicable time period, as extended by
2345	2345	17 any waiver that may be granted, then the officer must forfeit
2346	2346	18 the officer's position.
2347	2347	19 An individual who is not certified by the Board or whose
2348	2348	20 certified status is inactive shall not function as a law
2349	2349	21 enforcement officer, be assigned the duties of a law
2350	2350	22 enforcement officer by an agency, or be authorized to carry
2351	2351	23 firearms under the authority of the employer, except that
2352	2352	24 sheriffs who are elected are exempt from the requirement of
2353	2353	25 certified status. Failure to be in accordance with this Act
2354	2354	26 shall cause the officer to forfeit the officer's position.
2355	2355
2356	2356
2357	2357
2358	2358
2359	2359
2360	2360	HB3641 - 65 - LRB104 12151 RTM 22250 b
2361	2361
2362	2362
2363	2363	HB3641- 66 -LRB104 12151 RTM 22250 b HB3641 - 66 - LRB104 12151 RTM 22250 b
2364	2364	HB3641 - 66 - LRB104 12151 RTM 22250 b
2365	2365	1 If the Board declines to grant a training waiver, the
2366	2366	2 Board must mail the refusal to the applicant and their
2367	2367	3 supporting law enforcement agency by both certified and
2368	2368	4 regular mail at the last known address of record. The
2369	2369	5 notification shall include a statement of determination,
2370	2370	6 reasons for denial, and the applicant's and law enforcement
2371	2371	7 agency's rights to contest and appeal under Section 6.4.
2372	2372	8 Should the applicant or law enforcement agency not appeal
2373	2373	9 within the time period specified in Section 6.4, the Board may
2374	2374	10 deem the law enforcement officer's waiver denied.
2375	2375	11 (a-5) A part-time probationary law enforcement officer
2376	2376	12 shall be allowed to complete 6 six months of a part-time police
2377	2377	13 training course and function as a law enforcement officer as
2378	2378	14 permitted by this subsection with a waiver from the Board,
2379	2379	15 provided the part-time law enforcement officer is still
2380	2380	16 enrolled in the training course. If the part-time probationary
2381	2381	17 law enforcement officer withdraws from the course for any
2382	2382	18 reason or does not complete the course within the applicable
2383	2383	19 time period, as extended by any waiver that may be granted,
2384	2384	20 then the officer must forfeit the officer's position. A
2385	2385	21 probationary law enforcement officer must function under the
2386	2386	22 following rules:
2387	2387	23 (1) A law enforcement agency may not grant a person
2388	2388	24 status as a law enforcement officer unless the person has
2389	2389	25 been granted an active law enforcement officer
2390	2390	26 certification by the Board.
2391	2391
2392	2392
2393	2393
2394	2394
2395	2395
2396	2396	HB3641 - 66 - LRB104 12151 RTM 22250 b
2397	2397
2398	2398
2399	2399	HB3641- 67 -LRB104 12151 RTM 22250 b HB3641 - 67 - LRB104 12151 RTM 22250 b
2400	2400	HB3641 - 67 - LRB104 12151 RTM 22250 b
2401	2401	1 (2) A part-time probationary law enforcement officer
2402	2402	2 shall not be used as a permanent replacement for a
2403	2403	3 full-time law enforcement officer.
2404	2404	4 (3) A part-time probationary law enforcement officer
2405	2405	5 shall be directly supervised at all times by a
2406	2406	6 Board-certified Board certified law enforcement officer.
2407	2407	7 Direct supervision requires oversight and control with the
2408	2408	8 supervisor having final decision-making authority as to
2409	2409	9 the actions of the recruit during duty hours.
2410	2410	10 (b) Inactive status. A person who has an inactive law
2411	2411	11 enforcement officer certification has no law enforcement
2412	2412	12 authority.
2413	2413	13 (1) A law enforcement officer's certification becomes
2414	2414	14 inactive 60 days after upon termination, resignation,
2415	2415	15 retirement, or separation from the employing agency for
2416	2416	16 any reason. The Board shall reactivate re-activate a
2417	2417	17 certification upon written application from the law
2418	2418	18 enforcement officer's employing agency that shows the law
2419	2419	19 enforcement officer: (i) has accepted a part-time law
2420	2420	20 enforcement position with that a law enforcement agency,
2421	2421	21 and (ii) is not the subject of a decertification
2422	2422	22 proceeding, and (iii) meets all other criteria for
2423	2423	23 re-activation required by the Board.
2424	2424	24 If the Board seeks to deny reactivation to a law
2425	2425	25 enforcement officer due to issues unrelated to training or
2426	2426	26 employment, it must proceed to discretionary
2427	2427
2428	2428
2429	2429
2430	2430
2431	2431
2432	2432	HB3641 - 67 - LRB104 12151 RTM 22250 b
2433	2433
2434	2434
2435	2435	HB3641- 68 -LRB104 12151 RTM 22250 b HB3641 - 68 - LRB104 12151 RTM 22250 b
2436	2436	HB3641 - 68 - LRB104 12151 RTM 22250 b
2437	2437	1 decertification under Section 6.3.
2438	2438	2 The Board may refuse to re-activate the certification
2439	2439	3 of a law enforcement officer who was involuntarily
2440	2440	4 terminated for good cause by the officer's employing
2441	2441	5 agency for conduct subject to decertification under this
2442	2442	6 Act or resigned or retired after receiving notice of a law
2443	2443	7 enforcement agency's investigation.
2444	2444	8 (2) A law enforcement agency may place an officer who
2445	2445	9 is currently certified on inactive status by sending a
2446	2446	10 written request to the Board. A law enforcement officer
2447	2447	11 whose certificate has been placed on inactive status shall
2448	2448	12 not function as a law enforcement officer until the
2449	2449	13 officer has completed any requirements for reactivating
2450	2450	14 the certificate as required by the Board. A request for
2451	2451	15 inactive status in this subsection shall be in writing,
2452	2452	16 accompanied by verifying documentation, and shall be
2453	2453	17 submitted to the Board by the law enforcement officer's
2454	2454	18 employing agency.
2455	2455	19 (3) Certification that has become inactive under
2456	2456	20 paragraph (2) of this subsection (b), shall be reactivated
2457	2457	21 by written notice from the law enforcement officer's law
2458	2458	22 enforcement agency upon a showing that the law enforcement
2459	2459	23 officer is: (i) employed in a part-time law enforcement
2460	2460	24 position with the same law enforcement agency, and (ii)
2461	2461	25 not the subject of a decertification proceeding, and (iii)
2462	2462	26 meets all other criteria for re-activation required by the
2463	2463
2464	2464
2465	2465
2466	2466
2467	2467
2468	2468	HB3641 - 68 - LRB104 12151 RTM 22250 b
2469	2469
2470	2470
2471	2471	HB3641- 69 -LRB104 12151 RTM 22250 b HB3641 - 69 - LRB104 12151 RTM 22250 b
2472	2472	HB3641 - 69 - LRB104 12151 RTM 22250 b
2473	2473	1 Board. The Board may also establish special training
2474	2474	2 requirements to be completed as a condition for
2475	2475	3 reactivation re-activation.
2476	2476	4 The Board shall review a notice for reactivation from
2477	2477	5 a law enforcement agency and provide a response within 30
2478	2478	6 days. The Board may extend this review. A law enforcement
2479	2479	7 officer shall be allowed to be employed as a part-time law
2480	2480	8 enforcement officer while the law enforcement officer
2481	2481	9 reactivation waiver is under review.
2482	2482	10 A law enforcement officer who is refused reactivation
2483	2483	11 or an employing agency of a law enforcement officer who is
2484	2484	12 refused reactivation under this Section may request a
2485	2485	13 hearing in accordance with the hearing procedures as
2486	2486	14 outlined in subsection (h) of Section 6.3 of this Act.
2487	2487	15 (4) Notwithstanding paragraph (3) of this Section, a
2488	2488	16 law enforcement officer whose certification has become
2489	2489	17 inactive under paragraph (2) may have the officer's
2490	2490	18 employing agency submit a request for a waiver of training
2491	2491	19 requirements to the Board in writing and accompanied by
2492	2492	20 any verifying documentation. A grant of a waiver is within
2493	2493	21 the discretion of the Board. Within 7 days of receiving a
2494	2494	22 request for a waiver under this Section section, the Board
2495	2495	23 shall notify the law enforcement officer and the chief
2496	2496	24 administrator of the law enforcement officer's employing
2497	2497	25 agency, whether the request has been granted, denied, or
2498	2498	26 if the Board will take additional time for information. If
2499	2499
2500	2500
2501	2501
2502	2502
2503	2503
2504	2504	HB3641 - 69 - LRB104 12151 RTM 22250 b
2505	2505
2506	2506
2507	2507	HB3641- 70 -LRB104 12151 RTM 22250 b HB3641 - 70 - LRB104 12151 RTM 22250 b
2508	2508	HB3641 - 70 - LRB104 12151 RTM 22250 b
2509	2509	1 a A law enforcement agency or law enforcement officer,
2510	2510	2 whose request for a waiver under this subsection is
2511	2511	3 denied, the law enforcement officer and/or law enforcement
2512	2512	4 agency is entitled to request a review of the denial by the
2513	2513	5 Board. The law enforcement agency must request a review
2514	2514	6 within 20 days after the waiver being denied. The burden
2515	2515	7 of proof shall be on the law enforcement agency or law
2516	2516	8 enforcement officer to show why the law enforcement
2517	2517	9 officer is entitled to a waiver of the legislatively
2518	2518	10 required training and eligibility requirements.
2519	2519	11 (c) The part-time police training course referred to in
2520	2520	12 this Section shall be of similar content and the same number of
2521	2521	13 hours as the courses for full-time officers and shall be
2522	2522	14 provided by Mobile Team In-Service Training Units under the
2523	2523	15 Intergovernmental Law Enforcement Officer's In-Service
2524	2524	16 Training Act or by another approved program or facility in a
2525	2525	17 manner prescribed by the Board.
2526	2526	18 (d) Within 14 days, a law enforcement officer shall report
2527	2527	19 to the Board: (1) any name change; (2) any change in
2528	2528	20 employment; or (3) the filing of any criminal indictment or
2529	2529	21 charges against the officer alleging that the officer
2530	2530	22 committed any offense as enumerated in Section 6.1 of this
2531	2531	23 Act.
2532	2532	24 (e) All law enforcement officers must report the
2533	2533	25 completion of the training requirements required in this Act
2534	2534	26 in compliance with Section 8.4 of this Act.
2535	2535
2536	2536
2537	2537
2538	2538
2539	2539
2540	2540	HB3641 - 70 - LRB104 12151 RTM 22250 b
2541	2541
2542	2542
2543	2543	HB3641- 71 -LRB104 12151 RTM 22250 b HB3641 - 71 - LRB104 12151 RTM 22250 b
2544	2544	HB3641 - 71 - LRB104 12151 RTM 22250 b
2545	2545	1 (e-1) Each employing agency shall allow and provide an
2546	2546	2 opportunity for a law enforcement officer to complete the
2547	2547	3 requirements in this Act. All mandated training shall be
2548	2548	4 provided for at no cost to the employees. Employees shall be
2549	2549	5 paid for all time spent attending mandated training.
2550	2550	6 (e-2) Each agency, academy, or training provider shall
2551	2551	7 maintain proof of a law enforcement officer's completion of
2552	2552	8 legislatively required training in a format designated by the
2553	2553	9 Board. The report of training shall be submitted to the Board
2554	2554	10 within 30 days following completion of the training. A copy of
2555	2555	11 the report shall be submitted to the law enforcement officer.
2556	2556	12 Upon receipt of a properly completed report of training, the
2557	2557	13 Board will make the appropriate entry into the training
2558	2558	14 records of the law enforcement officer.
2559	2559	15 (f) For the purposes of this Section, the Board shall
2560	2560	16 adopt rules defining what constitutes employment on a
2561	2561	17 part-time basis.
2562	2562	18 (g) Notwithstanding any provision of law to the contrary,
2563	2563	19 the changes made to this Section by Public Act 102-694 this
2564	2564	20 amendatory Act of the 102nd General Assembly and Public Act
2565	2565	21 101-652 take effect July 1, 2022.
2566	2566	22 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24;
2567	2567	23 revised 7-29-24.)
2568	2568	24 (50 ILCS 705/8.3)
2569	2569	25 Sec. 8.3. Emergency order of suspension.
2570	2570
2571	2571
2572	2572
2573	2573
2574	2574
2575	2575	HB3641 - 71 - LRB104 12151 RTM 22250 b
2576	2576
2577	2577
2578	2578	HB3641- 72 -LRB104 12151 RTM 22250 b HB3641 - 72 - LRB104 12151 RTM 22250 b
2579	2579	HB3641 - 72 - LRB104 12151 RTM 22250 b
2580	2580	1 (a) The Board, upon being notified that a law enforcement
2581	2581	2 officer has been arrested or indicted on any felony charge or
2582	2582	3 charges, may immediately suspend the law enforcement officer's
2583	2583	4 certification for a term specified by the Board to begin no
2584	2584	5 sooner than the date of the violation. The Board shall also
2585	2585	6 notify the chief administrator of any law enforcement agency
2586	2586	7 currently employing the officer. The Board shall have
2587	2587	8 authority to dissolve an emergency order of suspension at any
2588	2588	9 time for any reason.
2589	2589	10 (a-5) The Board may consider the following factors in
2590	2590	11 determining the term of a suspension:
2591	2591	12 (1) the seriousness of the conduct resulting in the
2592	2592	13 arrest;
2593	2593	14 (2) whether the offense contains an element of actual
2594	2594	15 or threatened bodily injury or coerce against another
2595	2595	16 person;
2596	2596	17 (3) the law enforcement officer's previous arrests;
2597	2597	18 (4) the law enforcement officer's previous
2598	2598	19 certification suspensions;
2599	2599	20 (5) actual or potential harm to public safety; and
2600	2600	21 (6) rebuttal evidence regarding mitigating factors.
2601	2601	22 (b) Notice of the immediate suspension shall be served on
2602	2602	23 the law enforcement officer, the employing agency, the chief
2603	2603	24 executive of the employing agency, and state the reason for
2604	2604	25 suspension within seven days.
2605	2605	26 (c) Upon service of the notice, the law enforcement
2606	2606
2607	2607
2608	2608
2609	2609
2610	2610
2611	2611	HB3641 - 72 - LRB104 12151 RTM 22250 b
2612	2612
2613	2613
2614	2614	HB3641- 73 -LRB104 12151 RTM 22250 b HB3641 - 73 - LRB104 12151 RTM 22250 b
2615	2615	HB3641 - 73 - LRB104 12151 RTM 22250 b
2616	2616	1 officer's employing agency shall have 30 days to request to be
2617	2617	2 heard by the Panel. The hearing, if requested by the officer,
2618	2618	3 shall follow the hearing procedures as outlined in subsection
2619	2619	4 (h) of Section 6.4 6.3 of this Act. In the hearing, the written
2620	2620	5 communication and any other evidence obtained therewith may be
2621	2621	6 introduced as evidence against the law enforcement officer;
2622	2622	7 provided however, the law enforcement officer, or their
2623	2623	8 counsel, shall have the opportunity to discredit, impeach and
2624	2624	9 submit evidence rebutting such evidence to explain why the
2625	2625	10 officer's certification should not be suspended or why the
2626	2626	11 suspension should be shortened. The law enforcement officer
2627	2627	12 may also present any rebuttal evidence of mitigating factors.
2628	2628	13 (d) The Panel shall review the recommendation from the
2629	2629	14 administrative law judge regarding the suspension, and if the
2630	2630	15 Panel finds that the proof is evident or the presumption great
2631	2631	16 that the officer has committed the offense charged, the Panel
2632	2632	17 can sustain or reduce the length of the suspension. If the
2633	2633	18 Panel does not find that the proof is evident or the
2634	2634	19 presumption great that the officer has committed the offense
2635	2635	20 charged, the Panel can reverse the suspension.
2636	2636	21 If the law enforcement officer does not request to be
2637	2637	22 heard or does not appear, the Panel may hold the hearing in the
2638	2638	23 officer's absence. The law enforcement officer and the
2639	2639	24 employing agency shall be notified of the decision of the
2640	2640	25 Panel within 7 days. The law enforcement officer may request
2641	2641	26 to suspend the hearing until after the officer's criminal
2642	2642
2643	2643
2644	2644
2645	2645
2646	2646
2647	2647	HB3641 - 73 - LRB104 12151 RTM 22250 b
2648	2648
2649	2649
2650	2650	HB3641- 74 -LRB104 12151 RTM 22250 b HB3641 - 74 - LRB104 12151 RTM 22250 b
2651	2651	HB3641 - 74 - LRB104 12151 RTM 22250 b
2652	2652	1 trial has occurred, however the suspension will remain intact
2653	2653	2 until the hearing.
2654	2654	3 (e) Findings and conclusions made in hearing for an
2655	2655	4 emergency suspension shall not be binding on any party in any
2656	2656	5 subsequent proceeding under this Act.
2657	2657	6 (f) A Panel member acting in good faith, and not in a
2658	2658	7 willful and wanton manner, in accordance with this Section,
2659	2659	8 shall not, as a result of such actions, be subject to criminal
2660	2660	9 prosecution or civil damages, including but not limited to
2661	2661	10 lost wages.
2662	2662	11 (g) Notwithstanding any provision of law to the contrary,
2663	2663	12 the changes made to this Section by this amendatory Act of the
2664	2664	13 102nd General Assembly and Public Act 101-652 take effect July
2665	2665	14 1, 2022.
2666	2666	15 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
2667	2667	16 (50 ILCS 705/9.2)
2668	2668	17 Sec. 9.2. Officer professional conduct database;
2669	2669	18 transparency.
2670	2670	19 (a) (blank). All law enforcement agencies and the Illinois
2671	2671	20 State Police shall notify the Board of any final determination
2672	2672	21 of a willful violation of department, agency, or the Illinois
2673	2673	22 State Police policy, official misconduct, or violation of law
2674	2674	23 within 10 days when:
2675	2675	24 (1) the determination leads to a suspension of at
2676	2676	25 least 10 days;
2677	2677
2678	2678
2679	2679
2680	2680
2681	2681
2682	2682	HB3641 - 74 - LRB104 12151 RTM 22250 b
2683	2683
2684	2684
2685	2685	HB3641- 75 -LRB104 12151 RTM 22250 b HB3641 - 75 - LRB104 12151 RTM 22250 b
2686	2686	HB3641 - 75 - LRB104 12151 RTM 22250 b
2687	2687	1 (2) any infraction that would trigger an official or
2688	2688	2 formal investigation under a law enforcement agency or the
2689	2689	3 Illinois State Police policy;
2690	2690	4 (3) there is an allegation of misconduct or regarding
2691	2691	5 truthfulness as to a material fact, bias, or integrity; or
2692	2692	6 (4) the officer resigns or retires during the course
2693	2693	7 of an investigation and the officer has been served notice
2694	2694	8 that the officer is under investigation.
2695	2695	9 Agencies and the Illinois State Police may report to the
2696	2696	10 Board any conduct they deem appropriate to disseminate to
2697	2697	11 another law enforcement agency regarding a law enforcement
2698	2698	12 officer.
2699	2699	13 The agency or the Illinois State Police shall report to
2700	2700	14 the Board within 10 days of a final determination and final
2701	2701	15 exhaustion of any administrative appeal, or the law
2702	2702	16 enforcement officer's resignation or retirement, and shall
2703	2703	17 provide information regarding the nature of the violation.
2704	2704	18 This notification shall not necessarily trigger certification
2705	2705	19 review.
2706	2706	20 A law enforcement agency and the Illinois State Police
2707	2707	21 shall be immune from liability for a disclosure made as
2708	2708	22 described in this subsection, unless the disclosure would
2709	2709	23 constitute intentional misrepresentation or gross negligence.
2710	2710	24 (b) (blank). Within 14 days after receiving notification
2711	2711	25 from a law enforcement agency or the Illinois State Police,
2712	2712	26 the Board must notify the law enforcement officer of the
2713	2713
2714	2714
2715	2715
2716	2716
2717	2717
2718	2718	HB3641 - 75 - LRB104 12151 RTM 22250 b
2719	2719
2720	2720
2721	2721	HB3641- 76 -LRB104 12151 RTM 22250 b HB3641 - 76 - LRB104 12151 RTM 22250 b
2722	2722	HB3641 - 76 - LRB104 12151 RTM 22250 b
2723	2723	1 report and the officer's right to provide a statement
2724	2724	2 regarding the reported violation. The law enforcement officer
2725	2725	3 shall have 14 days from receiving notice to provide a written
2726	2726	4 objection contesting information included in the agency's
2727	2727	5 report. The objection must be filed with the Board on a form
2728	2728	6 prescribed by the Board and a copy must be served on the law
2729	2729	7 enforcement agency. The objection shall remain in the database
2730	2730	8 with the reported violation.
2731	2731	9 (c) The Board shall maintain a database readily available
2732	2732	10 to any chief administrative officer, or the officer's
2733	2733	11 designee, of a law enforcement agency and the Illinois State
2734	2734	12 Police that shall show for each law enforcement officer: (i)
2735	2735	13 dates of certification, decertification, and inactive status;
2736	2736	14 (ii) each sustained instance of departmental misconduct that
2737	2737	15 lead to a suspension at least 10 days or any infraction that
2738	2738	16 would trigger an official or formal investigation under the
2739	2739	17 law enforcement agency policy, any allegation of misconduct
2740	2740	18 regarding truthfulness as to a material fact, bias, or
2741	2741	19 integrity, or any other reported violation, the nature of the
2742	2742	20 violation, the reason for the final decision of discharge or
2743	2743	21 dismissal, and any statement provided by the officer; (iii)
2744	2744	22 date of separation from employment from any local or state law
2745	2745	23 enforcement agency; (iv) the reason for separation from
2746	2746	24 employment, including, but not limited to: whether the
2747	2747	25 separation was based on misconduct or occurred while the law
2748	2748	26 enforcement agency was conducting an investigation of the
2749	2749
2750	2750
2751	2751
2752	2752
2753	2753
2754	2754	HB3641 - 76 - LRB104 12151 RTM 22250 b
2755	2755
2756	2756
2757	2757	HB3641- 77 -LRB104 12151 RTM 22250 b HB3641 - 77 - LRB104 12151 RTM 22250 b
2758	2758	HB3641 - 77 - LRB104 12151 RTM 22250 b
2759	2759	1 certified individual for a violation of an employing agency's
2760	2760	2 rules, policy or procedure or other misconduct or improper
2761	2761	3 action.
2762	2762	4 (1) This database shall also be accessible to the
2763	2763	5 State's Attorney of any county in this State and the
2764	2764	6 Attorney General for the purpose of complying with
2765	2765	7 obligations under Brady v. Maryland (373 U.S. 83) or
2766	2766	8 Giglio v. United States (405 U.S. 150). This database
2767	2767	9 shall also be accessible to the chief administrative
2768	2768	10 officer of any law enforcement agency for the purposes of
2769	2769	11 hiring law enforcement officers. This database shall not
2770	2770	12 be accessible to anyone not listed in this subsection.
2771	2771	13 (2) (Blank). Before a law enforcement agency may
2772	2772	14 appoint a law enforcement officer or a person seeking a
2773	2773	15 certification as a law enforcement officer in this State,
2774	2774	16 the chief administrative officer or designee must check
2775	2775	17 the Officer Professional Conduct Database, contact each
2776	2776	18 person's previous law enforcement employers, and document
2777	2777	19 the contact. This documentation must be available for
2778	2778	20 review by the Board for a minimum of five years after the
2779	2779	21 law enforcement officer's termination, retirement,
2780	2780	22 resignation or separation with that agency.
2781	2781	23 (3) The database, documents, materials, or other
2782	2782	24 information in the possession or control of the Board that
2783	2783	25 are obtained by or disclosed to the Board under this
2784	2784	26 subsection shall be confidential by law and privileged,
2785	2785
2786	2786
2787	2787
2788	2788
2789	2789
2790	2790	HB3641 - 77 - LRB104 12151 RTM 22250 b
2791	2791
2792	2792
2793	2793	HB3641- 78 -LRB104 12151 RTM 22250 b HB3641 - 78 - LRB104 12151 RTM 22250 b
2794	2794	HB3641 - 78 - LRB104 12151 RTM 22250 b
2795	2795	1 shall not be subject to subpoena, and shall not be subject
2796	2796	2 to discovery or admissible in evidence in any private
2797	2797	3 civil action when sought from the Board. However, the
2798	2798	4 Board is authorized to use such documents, materials, or
2799	2799	5 other information in furtherance of any regulatory or
2800	2800	6 legal action brought as part of the Board's official
2801	2801	7 duties. The Board shall not disclose the database or make
2802	2802	8 such documents, materials, or other information it has
2803	2803	9 obtained or that has been disclosed to it to the public.
2804	2804	10 Neither the Board nor any person who received documents,
2805	2805	11 materials or other information shared under this
2806	2806	12 subsection shall be required to testify in any private
2807	2807	13 civil action concerning the database or any confidential
2808	2808	14 documents, materials, or information subject to this
2809	2809	15 subsection.
2810	2810	16 (d) The Board shall maintain a searchable database of law
2811	2811	17 enforcement officers accessible to the public that shall
2812	2812	18 include: (i) the law enforcement officer's employing agency;
2813	2813	19 (ii) the date of the officer's initial certification and the
2814	2814	20 officer's current certification status; and (iii) any
2815	2815	21 sustained complaint of misconduct that resulted in
2816	2816	22 decertification and the date thereof; provided, however, that
2817	2817	23 information shall not be included in the database that would
2818	2818	24 allow the public to ascertain the home address of an officer or
2819	2819	25 another person; provided further, that information regarding
2820	2820	26 an officer's or another person's family member shall not be
2821	2821
2822	2822
2823	2823
2824	2824
2825	2825
2826	2826	HB3641 - 78 - LRB104 12151 RTM 22250 b
2827	2827
2828	2828
2829	2829	HB3641- 79 -LRB104 12151 RTM 22250 b HB3641 - 79 - LRB104 12151 RTM 22250 b
2830	2830	HB3641 - 79 - LRB104 12151 RTM 22250 b
2831	2831	1 included in the database. The Board shall make the database
2832	2832	2 publicly available on its website.
2833	2833	3 (e) The Board shall maintain a searchable database of all
2834	2834	4 completed investigations against law enforcement officers
2835	2835	5 related to decertification. The database shall identify each
2836	2836	6 law enforcement officer by a confidential and anonymous number
2837	2837	7 and include: (i) the law enforcement officer's employing
2838	2838	8 agency; (ii) the date of the incident referenced in the
2839	2839	9 complaint; (iii) the location of the incident; (iv) the race
2840	2840	10 and ethnicity of each officer involved in the incident; (v)
2841	2841	11 the age, gender, race and ethnicity of each person involved in
2842	2842	12 the incident, if known; (vi) whether a person in the
2843	2843	13 complaint, including a law enforcement officer, was injured,
2844	2844	14 received emergency medical care, was hospitalized or died as a
2845	2845	15 result of the incident; (vii) the law enforcement agency or
2846	2846	16 other entity assigned to conduct an investigation of the
2847	2847	17 incident; (viii) when the investigation was completed; (ix)
2848	2848	18 whether the complaint was sustained; and (x) the type of
2849	2849	19 misconduct investigated; provided, however, that the Board
2850	2850	20 shall redact or withhold such information as necessary to
2851	2851	21 prevent the disclosure of the identity of an officer. The
2852	2852	22 Board shall make the database publicly available on its
2853	2853	23 website.
2854	2854	24 (e-1) An investigation is complete when the investigation
2855	2855	25 has either been terminated or the decertification action,
2856	2856	26 including the administrative review process, has been
2857	2857
2858	2858
2859	2859
2860	2860
2861	2861
2862	2862	HB3641 - 79 - LRB104 12151 RTM 22250 b
2863	2863
2864	2864
2865	2865	HB3641- 80 -LRB104 12151 RTM 22250 b HB3641 - 80 - LRB104 12151 RTM 22250 b
2866	2866	HB3641 - 80 - LRB104 12151 RTM 22250 b
2867	2867	1 completed, whichever is later.
2868	2868	2 (e-2) At any time, a law enforcement officer shall have
2869	2869	3 access to the law enforcement officer's own records on file
2870	2870	4 with the Board, as it pertains to the databases in this
2871	2871	5 Section.
2872	2872	6 (f) (blank). Annual report. The Board shall submit an
2873	2873	7 annual report to the Governor, Attorney General, President and
2874	2874	8 Minority Leader of the Senate, and the Speaker and Minority
2875	2875	9 Leader of the House of Representatives on or before March 1,
2876	2876	10 2023, and every year thereafter indicating:
2877	2877	11 (1) the number of complaints received in the preceding
2878	2878	12 calendar year, including but not limited to the race,
2879	2879	13 gender, and type of discretionary decertification
2880	2880	14 complaints received;
2881	2881	15 (2) the number of investigations initiated in the
2882	2882	16 preceding calendar year since the date of the last report;
2883	2883	17 (3) the number of investigations concluded in the
2884	2884	18 preceding calendar year;
2885	2885	19 (4) the number of investigations pending as of the
2886	2886	20 last date of the preceding calendar year;
2887	2887	21 (5) the number of hearings held in the preceding
2888	2888	22 calendar year; and
2889	2889	23 (6) the number of officers decertified in the
2890	2890	24 preceding calendar year.
2891	2891	25 The annual report shall be publicly available on the
2892	2892	26 website of the Board.
2893	2893
2894	2894
2895	2895
2896	2896
2897	2897
2898	2898	HB3641 - 80 - LRB104 12151 RTM 22250 b
2899	2899
2900	2900
2901	2901	HB3641- 81 -LRB104 12151 RTM 22250 b HB3641 - 81 - LRB104 12151 RTM 22250 b
2902	2902	HB3641 - 81 - LRB104 12151 RTM 22250 b
2903	2903	1 (g) Nothing in this Section shall exempt a law
2904	2904	2 enforcement agency from which the Board has obtained data,
2905	2905	3 documents, materials, or other information or that has
2906	2906	4 disclosed data, documents, materials, or other information to
2907	2907	5 the Board from disclosing public records in accordance with
2908	2908	6 the Freedom of Information Act.
2909	2909	7 (h) Notwithstanding any provision of law to the contrary,
2910	2910	8 the changes made to this Section by this amendatory Act of the
2911	2911	9 102nd General Assembly and Public Act 101-652 take effect July
2912	2912	10 1, 2022.
2913	2913	11 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
2914	2914	12 (50 ILCS 705/6.2 rep.)
2915	2915	13 Section 10. The Illinois Police Training Act is amended by
2916	2916	14 repealing Section 6.2.
2917	2917	HB3641- 82 -LRB104 12151 RTM 22250 b 1 INDEX 2 Statutes amended in order of appearance HB3641- 82 -LRB104 12151 RTM 22250 b HB3641 - 82 - LRB104 12151 RTM 22250 b 1 INDEX 2 Statutes amended in order of appearance
2918	2918	HB3641- 82 -LRB104 12151 RTM 22250 b HB3641 - 82 - LRB104 12151 RTM 22250 b
2919	2919	HB3641 - 82 - LRB104 12151 RTM 22250 b
2920	2920	1 INDEX
2921	2921	2 Statutes amended in order of appearance
2922	2922
2923	2923
2924	2924
2925	2925
2926	2926
2927	2927	HB3641 - 81 - LRB104 12151 RTM 22250 b
2928	2928
2929	2929
2930	2930
2931	2931	HB3641- 82 -LRB104 12151 RTM 22250 b HB3641 - 82 - LRB104 12151 RTM 22250 b
2932	2932	HB3641 - 82 - LRB104 12151 RTM 22250 b
2933	2933	1 INDEX
2934	2934	2 Statutes amended in order of appearance
2935	2935
2936	2936
2937	2937
2938	2938
2939	2939
2940	2940	HB3641 - 82 - LRB104 12151 RTM 22250 b