State of Illinois
91st General Assembly
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Public Act 91-0495

HB1365 Enrolled                                LRB9105078RCks

    AN ACT to amend  the  Illinois  Police  Training  Act  by
changing Section 6 and adding Section 6.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Police Training Act  is  amended
by changing Section 6 and adding Section 6.1 as follows:

    (50 ILCS 705/6) (from Ch. 85, par. 506)
    Sec.  6.   Selection  and  certification  of schools. The
Board shall select and certify schools within  the  State  of
Illinois  for  the  purpose  of  providing basic training for
probationary police officers, probationary county corrections
officers,  and  court  security  officers  and  of  providing
advanced or in-service training for permanent police officers
or permanent county corrections officers, which  schools  may
be  either  publicly  or  privately  owned  and operated.  In
addition, the Board has the following power and duties:
         a.  To require local governmental units  to  furnish
    such reports and information as the Board deems necessary
    to fully implement this Act.
         b.  To   establish   appropriate  mandatory  minimum
    standards relating to the training of probationary  local
    law   enforcement   officers   or   probationary   county
    corrections officers.
         c.  To  provide  appropriate  certification to those
    probationary  officers  who  successfully  complete   the
    prescribed minimum standard basic training course.
         d.  To review and approve annual training curriculum
    for county sheriffs.
         e.  To  review  and  approve applicants to ensure no
    applicant is admitted to a certified academy  unless  the
    applicant  is a person of good character and has not been
    convicted of a felony offense, any of the misdemeanors in
    Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,  12-15,
    16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or
    32-7  of the Criminal Code of 1961 or Section 5 or 5.2 of
    the Cannabis Control Act,  or  a  crime  involving  moral
    turpitude under the laws of this State or any other state
    which if committed in this State would be punishable as a
    felony  or  a  crime  of  moral turpitude.  The Board may
    appoint  investigators  who  shall  enforce  the   duties
    conferred upon the Board by this Act.
(Source: P.A. 88-461; 89-685, eff. 6-1-97.)

    (50 ILCS 705/6.1 new)
    Sec.  6.1.  Decertification  of  full-time  and part-time
police officers.
    (a)  The Board must review  police  officer  conduct  and
records  to  ensure  that  no  police officer is certified or
provided a valid waiver  if  that  police  officer  has  been
convicted of a felony offense under the laws of this State or
any  other  state  which  if committed in this State would be
punishable as a felony. The Board must also  ensure  that  no
police  officer  is  certified  or provided a valid waiver if
that police officer  has  been  convicted  on  or  after  the
effective  date  of  this  amendatory  Act  of  1999  of  any
misdemeanor  specified in this Section or if committed in any
other state would be an  offense  similar  to  Section  11-6,
11-9.1,  11-14,  11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the  Criminal
Code  of  1961 or to Section 5 or 5.2 of the Cannabis Control
Act. The Board must  appoint  investigators  to  enforce  the
duties conferred upon the Board by this Act.
    (b)  It is the responsibility of the sheriff or the chief
executive  officer  of  every local law enforcement agency or
department within this State  to  report  to  the  Board  any
arrest or conviction of any officer for an offense identified
in this Section.
    (c)  It is the duty and responsibility of every full-time
and  part-time  police officer in this State to report to the
Board within 30 days, and  the  officer's  sheriff  or  chief
executive  officer, of his or her arrest or conviction for an
offense  identified  in  this  Section.  Any   full-time   or
part-time police officer who knowingly makes, submits, causes
to be submitted, or files a false or untruthful report to the
Board  must have his or her certificate or waiver immediately
decertified or revoked.
    (d)  Any person, or a local or State agency, or the Board
is immune  from  liability  for  submitting,  disclosing,  or
releasing  information  of  arrests  or  convictions  in this
Section as long as the information is  submitted,  disclosed,
or  released  in good faith and without malice. The Board has
qualified immunity for the release of the information.
    (e)  Any full-time or part-time  police  officer  with  a
certificate or waiver issued by the Board who is convicted of
any  offense  described  in this Section immediately  becomes
decertified  or  no  longer   has   a   valid   waiver.   The
decertification  and invalidity of waivers occurs as a matter
of law. Failure of a convicted person to report to the  Board
his  or  her  conviction  as described in this Section or any
continued  law  enforcement  practice   after   receiving   a
conviction  is a Class 4 felony.
    (f)    The  Board's  investigators are peace officers and
have all the powers possessed by policemen in cities  and  by
sheriff's, provided that the investigators may exercise those
powers   anywhere  in  the  State,  only  after  contact  and
cooperation  with  the  appropriate  local  law   enforcement
authorities.
    (g)  The  Board  must request and receive information and
assistance from any federal,  state,  or  local  governmental
agency   as   part  of  the  authorized  criminal  background
investigation.  The Department of State Police must  process,
retain,  and additionally provide and disseminate information
to  the   Board   concerning   criminal   charges,   arrests,
convictions,  and  their  disposition,  that  have been filed
before, on, or after the effective date  of  this  amendatory
Act  of  the  91st  General  Assembly against a basic academy
applicant, law  enforcement  applicant,  or  law  enforcement
officer whose fingerprint identification cards are on file or
maintained  by  the  Department of State Police.  The Federal
Bureau of Investigation must provide the Board  any  criminal
history  record information contained in its files pertaining
to law enforcement officers  or  any  applicant  to  a  Board
certified  basic law enforcement academy as described in this
Act based on fingerprint identification. The Board must  make
payment  of  fees  to the Department of State Police for each
fingerprint  card  submission   in   conformance   with   the
requirements  of  paragraph  22  of  Section 55a of the Civil
Administrative Code of Illinois.

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