50 ILCS 705/6.3

(50 ILCS 705/6.3)

Sec. 6.3. Discretionary decertification of full-time and part-time law enforcement officers.

(a) Definitions. For purposes of this Section 6.3:

"Duty to intervene" means an obligation to intervene to prevent harm from occurring that arises when: an officer is present, and has reason to know (1) that excessive force is being used or that any constitutional violation has been committed by a law enforcement official; and (2) the officer has a realistic opportunity to intervene. This duty applies equally to supervisory and nonsupervisory officers. If aid is required, the officer shall not, when reasonable to administer aid, knowingly and willingly refuse to render aid as defined by State or federal law. An officer does not violate this duty if the failure to render aid is due to circumstances such as lack of appropriate specialized training, lack of resources or equipment, or if it is unsafe or impracticable to render aid.

"Excessive use of force" means using force in violation of State or federal law.

"False statement" means (1) any knowingly false statement provided on a form or report, (2) that the writer does not believe to be true, and (3) that the writer includes to mislead a public servant in performing the public servant's official functions.

"Perjury" means that as defined under Sections 32-2 and 32-3 of the Criminal Code of 2012.

"Tampers with or fabricates evidence" means if a law enforcement officer (1) has reason to believe that an official proceeding is pending or may be instituted, and (2) alters, destroys, conceals, or removes any record, document, data, video or thing to impair its validity or availability in the proceeding.

(b) Decertification conduct. The Board has the authority to decertify a full-time or a part-time law enforcement officer upon a determination by the Board that the law enforcement officer has:

(1) committed an act that would constitute a felony or misdemeanor which could serve as basis for automatic decertification, whether or not the law enforcement officer was criminally prosecuted, and whether or not the law enforcement officer's employment was terminated;

(2) exercised excessive use of force;

(3) failed to comply with the officer's duty to intervene, including through acts or omissions;

(4) tampered with a dash camera or body-worn camera or data recorded by a dash camera or body-worn camera or directed another to tamper with or turn off a dash camera or body-worn camera or data recorded by a dash camera or body-worn camera for the purpose of concealing, destroying or altering potential evidence;

(5) engaged in the following conduct relating to the reporting, investigation, or prosecution of a crime: committed perjury, made a false statement, or knowingly tampered with or fabricated evidence; and

(6) engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public; such conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer.

(b-5) The Board has the authority to decertify a full-time or part-time law enforcement officer notwithstanding whether a law enforcement agency takes disciplinary action against a law enforcement officer for the same underlying conduct as outlined in subsection (b).

(c) Notice of Alleged Violation.

(1) The following individuals and agencies shall notify the Board within 7 days of becoming aware of any violation described in subsection (b):

(A) A law enforcement agency as defined in Section 2 or any law enforcement officer of this State. For this subsection (c), law enforcement agency includes, but is not limited to, a civilian review board, an inspector general, and legal counsel for a law enforcement agency.

(B) The Executive Director of the Board;

(C) A State's Attorney's Office of this State.

"Becoming aware" does not include confidential communications between agency lawyers and agencies regarding legal advice. For purposes of this subsection, "law enforcement agency" does not include the Illinois Attorney General when providing legal representation to a law enforcement officer under the State Employee Indemnification Act.

(2) Any person may also notify the Board of any conduct the person believes a law enforcement officer has committed as described in subsection (b). Such notifications may be made confidentially. Notwithstanding any other provision in state law or any collective bargaining agreement, the Board shall accept notice and investigate any allegations from individuals who remain confidential.

(3) Upon written request, the Board shall disclose to the individual or entity who filed a notice of violation the status of the Board's review.

(d) Form. The notice of violation reported under subsection (c) shall be on a form prescribed by the Board in its rules. The form shall be publicly available by paper and electronic means. The form shall include fields for the following information, at a minimum:

(1) the full name, address, and telephone number of the person submitting the notice;

(2) if submitted under subsection (c)(1), the agency name and title of the person submitting the notice;

(3) the full name, badge number, employing agency, and physical description of the officer, if known;

(4) the full name or names, address or addresses, telephone number or numbers, and physical description or descriptions of any witnesses, if known;

(5) a concise statement of facts that describe the alleged violation and any copies of supporting evidence including but not limited to any photographic, video, or audio recordings of the incident;

(6) whether the person submitting the notice has notified any other agency; and

(7) an option for an individual, who submits directly to the Board, to consent to have the individual's identity disclosed. The identity of any individual providing information or reporting any possible or alleged violation to the Board shall be kept confidential and may not be disclosed without the consent of that individual, unless the individual consents to disclosure of the individual's name or disclosure of the individual's identity is otherwise required by law. The confidentiality granted by this subsection does not preclude the disclosure of the identity of a person in any capacity other than as the source of an allegation.

Nothing in this subsection (d) shall preclude the Board from receiving, investigating, or acting upon allegations made confidentially or in a format different from the form provided for in this subsection.

(e) Preliminary review.

(1) The Board shall complete a preliminary review of the allegations to determine whether there is sufficient information to warrant a further investigation of any violations of the Act. Upon initiating a preliminary review of the allegations, the Board shall notify the head of the law enforcement agency that employs the law enforcement officer who is the subject of the allegations. At the request of the Board, the law enforcement agency must submit any copies of investigative findings, evidence, or documentation to the Board in accordance with rules adopted by the Board to facilitate the Board's preliminary review. The Board may correspond with the law enforcement agency, official records clerks or any investigative agencies in conducting its preliminary review.

(2) During the preliminary review, the Board will take all reasonable steps to discover any and all objective verifiable evidence relevant to the alleged violation through the identification, retention, review, and analysis of all currently available evidence, including, but not limited to: all time-sensitive evidence, audio and video evidence, physical evidence, arrest reports, photographic evidence, GPS records, computer data, lab reports, medical documents, and witness interviews. All reasonable steps will be taken to preserve relevant evidence identified during the preliminary investigation.

(3) If after a preliminary review of the alleged violation or violations, the Board believes there is sufficient information to warrant further investigation of any violations of this Act, the alleged violation or violations shall be assigned for investigation in accordance with subsection (f).

(4) If after a review of the allegations, the Board believes there is insufficient information supporting the allegations to warrant further investigation, it may close a notice. Notification of the Board's decision to close a notice shall be sent to all relevant individuals, agencies, and any entities that received notice of the violation under subsection (c) within 30 days of the notice being closed, except in cases where the notice is submitted anonymously if the complainant is unknown.

(5) Except when the Board has received notice under subparagraph (A) of paragraph (1) of subsection (c), no later than 30 days after receiving notice, the Board shall report any notice of violation it receives to the relevant law enforcement agency, unless reporting the notice would jeopardize any subsequent investigation. The Board shall also record any notice of violation it receives to the Officer Professional Conduct Database in accordance with Section 9.2. The Board shall report to the appropriate State's Attorney any alleged violations that contain allegations, claims, or factual assertions that, if true, would constitute a violation of Illinois law. The Board shall inform the law enforcement officer via certified mail that it has received a notice of violation against the law enforcement officer.

If the Board determines that due to the circumstances and the nature of the allegation that it would not be prudent to notify the law enforcement officer and the officer's law enforcement agency unless and until the filing of a Formal Complaint, the Board shall document in the file the reason or reasons a notification was not made.

(6) If the law enforcement officer is involved in a criminal proceeding on the same subject as the notice of violation, the Board is responsible for maintaining a current status report including court dates, hearings, pleas, adjudication status and sentencing. A State's Attorney's Office must notify the Board of any criminal charges filed against a law enforcement officer, and must provide updates of significant developments to the Board in a timely manner but no later than 30 days after such developments.

(f) Investigations; requirements. Investigations are to be assigned after a preliminary review, unless the investigations were closed under paragraph (4) of subsection (e), as follows in paragraphs (1), (2), and (3) of this subsection (f).

(1) A law enforcement agency that submits a notice of violation to the Board under subparagraph (A) of paragraph (1) of subsection (c) shall be responsible for conducting an investigation of the underlying allegations except when: (i) the law enforcement agency refers the notice to another law enforcement agency or the Board for investigation and such other agency or the Board agrees to conduct the investigation; (ii) an external, independent, or civilian oversight agency conducts the investigation in accordance with local ordinance or other applicable law; or (iii) the Board has determined that it will conduct the investigation based upon the facts and circumstances of the alleged violation, including but not limited to, investigations regarding the Chief or Sheriff of a law enforcement agency, familial conflict of interests, complaints involving a substantial portion of a law enforcement agency, or complaints involving a policy of a law enforcement agency. Any agency or entity conducting an investigation under this paragraph (1) shall submit quarterly reports to the Board regarding the progress of the investigation. The quarterly report shall be reviewed by the individual or individuals at the Board who conducted the preliminary review, if available.

Any agency or entity conducting an investigation under this paragraph (1) shall, within 7 days of completing an investigation, deliver an Investigative Summary Report and copies of any administrative evidence to the Board. If the Board finds an investigation conducted under this paragraph (1) is incomplete, unsatisfactory, or deficient in any way, the Board may direct the investigating entity or agency to take any additional investigative steps deemed necessary to thoroughly and satisfactorily complete the investigation, or the Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Board will then amend and re-submit the Investigative Summary Report to the Board for approval.

The Board shall submit a report to the investigating entity disclosing the name, address, and telephone numbers of persons who have knowledge of facts which are the subject of the investigation and identifying the subject matter of their knowledge.

(2) The Board shall investigate and complete an Investigative Summary Report when a State's Attorney's Office submits a notice of violation to the Board under (c)(1)(C).

(3) When a person submits a notice to the Board under paragraph (2) of subsection (c), The Board shall assign the investigation to the law enforcement agency that employs the law enforcement officer, except when: (i) the law enforcement agency requests to refer the notice to another law enforcement agency or the Board for investigation and such other agency or the Board agrees to conduct the investigation; (ii) an external, independent, or civilian oversight agency conducts the investigation in accordance with local ordinance or other applicable law; or (iii) the Board has determined that it will conduct the investigation based upon the facts and circumstances of the alleged violation, including but not limited to, investigations regarding the Chief or Sheriff of a law enforcement agency, familial conflict of interests, complaints involving a substantial portion of a law enforcement agency, or complaints involving a policy of a law enforcement agency.

The investigating entity or agency shall submit quarterly reports to the Board regarding the progress of the investigation in a form to be determined by the Board. The quarterly report shall be reviewed by the individual at the Board who conducted the preliminary review, if available.

The investigating entity or agency shall, within 7 days of completing an investigation, deliver an Investigative Summary Report and copies of any evidence to the Board. If the Board finds an investigation conducted under this subsection (f)(3) is incomplete, unsatisfactory, or deficient in any way, the Board may direct the investigating entity to take any additional investigative steps deemed necessary to thoroughly and satisfactorily complete the investigation, or the Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Board will then amend and re-submit the Investigative Summary Report to the Board for approval. The investigating entity shall cooperate with and assist the Board, as necessary, in any subsequent investigation.

(4) Concurrent Investigations. The Board may, at any point, initiate a concurrent investigation under this section. The original investigating entity shall timely communicate, coordinate, and cooperate with the Board to the fullest extent. The Board shall promulgate rules that shall address, at a minimum, the sharing of information and investigative means such as subpoenas and interviewing witnesses.

(5) Investigative Summary Report. An Investigative Summary Report shall contain, at a minimum, the allegations and elements within each allegation followed by the testimonial, documentary, or physical evidence that is relevant to each such allegation or element listed and discussed in association with it. All persons who have been interviewed and listed in the Investigative Summary Report will be identified as a complainant, witness, person with specialized knowledge, or law enforcement employee.

(6) Each law enforcement agency shall adopt a written policy regarding the investigation of conduct under subsection (a) that involves a law enforcement officer employed by that law enforcement agency. The written policy adopted must include the following, at a minimum:

(a) Each law enforcement officer shall immediately report any conduct under subsection (b) to the appropriate supervising officer.

(b) The written policy under this Section shall be available for inspection and copying under the Freedom of Information Act, and not subject to any exemption of that Act.

(7) Nothing in this Act shall prohibit a law enforcement agency from conducting an investigation for the purpose of internal discipline. However, any such investigation shall be conducted in a manner that avoids interference with, and preserves the integrity of, any separate investigation by the Board being conducted.

(g) Formal complaints. Upon receipt of an Investigative Summary Report, the Board shall review the Report and any relevant evidence obtained and determine whether there is reasonable basis to believe that the law enforcement officer committed any conduct that would be deemed a violation of this Act. If after reviewing the Report and any other relevant evidence obtained, the Board determines that a reasonable basis does exist, the Board shall file a formal complaint with the Certification Review Panel.

(h) Formal Complaint Hearing.

(1) Upon issuance of a formal complaint, the Panel shall set the matter for an initial hearing in front of an administrative law judge. At least 30 days before the date set for an initial hearing, the Panel must, in writing, notify the law enforcement officer subject to the complaint of the following:

(i) the allegations against the law enforcement officer, the time and place for the hearing, and whether the law enforcement officer's certification has been temporarily suspended under Section 8.3;

(ii) the right to file a written answer to the complaint with the Panel within 30 days after service of the notice;

(iii) if the law enforcement officer fails to comply with the notice of the default order in paragraph (2), the Panel shall enter a default order against the law enforcement officer along with a finding that the allegations in the complaint are deemed admitted, and that the law enforcement officer's certification may be revoked as a result; and

(iv) the law enforcement officer may request an informal conference to surrender the officer's certification.

(2) The Board shall send the law enforcement officer notice of the default order. The notice shall state that the officer has 30 days to notify the Board in writing of their desire to have the order vacated and to appear before the Board. If the law enforcement officer does not notify the Board within 30 days, the Board may set the matter for hearing. If the matter is set for hearing, the Board shall send the law enforcement officer the notice of the date, time and location of the hearing. If the law enforcement officer or counsel for the officer does appear, at the Board's discretion, the hearing may proceed or may be continued to a date and time agreed upon by all parties. If on the date of the hearing, neither the law enforcement officer nor counsel for the officer appears, the Board may proceed with the hearing for default in their absence.

(3) If the law enforcement officer fails to comply with paragraph (2), all of the allegations contained in the complaint shall be deemed admitted and the law enforcement officer shall be decertified if, by a majority vote of the panel, the conduct charged in the complaint is found to constitute sufficient grounds for decertification under this Act. Notice of the decertification decision may be served by personal delivery, by mail, or, at the discretion of the Board, by electronic means as adopted by rule to the address or email address specified by the law enforcement officer in the officer's last communication with the Board. Notice shall also be provided to the law enforcement officer's employing law enforcement agency.

(4) The Board, at the request of the law enforcement officer subject to the Formal Complaint, may suspend a hearing on a Formal Complaint for no more than one year if a concurrent criminal matter is pending. If the law enforcement officer requests to have the hearing suspended, the law enforcement officer's certification shall be deemed inactive until the law enforcement officer's Formal Complaint hearing concludes. The Board or the law enforcement officer may request to have the hearing suspended for up to 6 additional months for good cause. This request may be renewed. For purposes of this paragraph (4), "good cause" means an incident or occurrence that is beyond the control of the requester and that prevents the hearing from occurring, or holding the hearing would impose an undue hardship or prejudice on the requester.

(5) Surrender of certification or waiver. Upon the Board's issuance of a complaint, and prior to hearing on the matter, a law enforcement officer may choose to surrender the officer's certification or waiver by notifying the Board in writing of the officer's decision to do so. Upon receipt of such notification from the law enforcement officer, the Board shall immediately decertify the officer, or revoke any waiver previously granted. In the case of a surrender of certification or waiver, the Board's proceeding shall terminate.

(6) Appointment of administrative law judges. The Board shall retain any attorney licensed to practice law in the State of Illinois to serve as an administrative law judge in any action involving a law enforcement officer under this Act. The administrative law judge shall be retained to a term of no greater than 4 years. If more than one judge is retained, the terms shall be staggered. The administrative law judge has full authority to conduct the hearings.

Administrative law judges will receive initial and annual training that is adequate in quality, quantity, scope, and type, and will cover, at minimum the following topics:

(i) constitutional and other relevant law on police-community encounters, including the law on the use of force and stops, searches, and arrests;

(ii) police tactics;

(iii) investigations of police conduct;

(iv) impartial policing;

(v) policing individuals in crisis;

(vi) Illinois police policies, procedures, and disciplinary rules;

(vii) procedural justice; and

(viii) community outreach.

The Board shall determine the content and extent of the training within the scope provided for by this subsection.

(7) Hearing. At the hearing, the administrative law judge will hear the allegations alleged in the complaint. The law enforcement officer, the counsel of the officer's choosing, and the Board, or the officer's counsel, shall be afforded the opportunity to present any pertinent statements, testimony, evidence, and arguments. The law enforcement officer shall be afforded the opportunity to request that the Board compel the attendance of witnesses and production of related documents. After the conclusion of the hearing, the administrative law judge shall report any findings of fact, conclusions of law, and recommended disposition to the Panel. If the law enforcement officer objects to any procedural or substantive legal portion of the report, the officer may do so by written brief filed with the Panel within 14 days after receipt of the report. The Panel may grant reasonable extensions for good cause shown or when mutually agreed upon by the parties.

No later than 28 days before the hearing, a party shall disclose the following:

(i) The name and, if known, the address and telephone number of each individual likely to have information relevant to the hearing that the disclosing party may use to support its claims or defenses. This includes, but is not limited to, any name that has previously been held as confidential by the Board.

(ii) A copy of any documents and videos that are in the possession, custody, or control of the party, and that the disclosing party may use to support its claims or defenses.

(8) Certification Review Meeting. Upon receipt of the administrative law judge's findings of fact, conclusions of law, and recommended disposition, and any submitted objections from the law enforcement officer, the Panel shall call for a certification review meeting.

In such a meeting, the Panel may adjourn into a closed conference for the purposes of deliberating on the evidence presented during the hearing. In closed conference, the Panel shall consider the hearing officer's findings of fact, conclusions of law, and recommended disposition and may deliberate on all evidence and testimony received and may consider the weight and credibility to be given to the evidence received. No new or additional evidence may be presented to the Panel. After concluding its deliberations, the Panel shall convene in open session for its consideration of the matter. If a simple majority of the Panel finds that no allegations in the complaint supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board that the complaint be dismissed. If a simple majority of the Panel finds that the allegations in the complaint supporting one or more charges of misconduct are proven by clear and convincing evidence, then the Panel shall recommend to the Board to decertify the officer. The Panel shall prepare a summary report as soon as practicable after the completion of the meeting including the following: the hearing officer's findings of fact, conclusions of law, recommended disposition, and the Panel's order.

(9) Final action by the Board. After receiving the Panel's recommendations and any objections by the law enforcement officer, and after due consideration of the Panel's recommendations, the Board, by majority vote, shall issue a final decision to decertify the law enforcement officer or take no action in regard to the law enforcement officer. No new or additional evidence may be presented to the Board. If the Board makes a final decision contrary to the recommendations of the Panel, the Board shall set forth in its final written decision the specific written reasons for not following the Panel's recommendations. A copy of the Board's final decision shall be served upon the law enforcement officer by the Board, either personally or as provided in this Act for the service of a notice of hearing. A copy of the Board's final decision also shall be delivered to the last employing law enforcement agency, the complainant, and the Panel.

(10) Reconsideration of the Board's Decision. Within 30 days after service of the Board's final decision, the Panel or the law enforcement officer may file a written motion for reconsideration with the Review Committee. The motion for reconsideration shall specify the particular grounds for reconsideration. The non-moving party may respond to the motion for reconsideration. The Review Committee shall only address the issues raised by the parties.

The Review Committee may deny the motion for reconsideration, or it may grant the motion in whole or in part and issue a new final decision in the matter. The Review Committee must notify the law enforcement officer and their last employing law enforcement agency within 14 days of a denial and state the reasons for denial.

(i) This Section applies to conduct by a full-time or part-time law enforcement officer in violation of subsection (b) that occurred before, on, or after the effective date of this amendatory Act of the 102nd General Assembly.

(j) Notwithstanding any provision of law to the contrary, the changes made to this Section by this amendatory Act of the 102nd General Assembly and Public Act 101-652 take effect July 1, 2022.

(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)