HB5517 104TH GENERAL ASSEMBLY

LRB104 17928 RTM 31365 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5517

Introduced 2/13/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Police Training Act. Creates the Certification Enforcement Unit within the Illinois Law Enforcement Training Standards Board. Removes the Review Committee created within the Board. Provides that the Certification Enforcement Unit shall be headed by the Deputy Director of the Certification Enforcement Unit. Provides that the Deputy Director of the Certification Enforcement Unit shall be appointed by the Board and must have (1) substantial experience in law enforcement, criminal law, civil-rights law, or government investigations and (2) demonstrated integrity, professionalism, sound judgment, and leadership. Provides that any investigator hired to serve in the Certification Enforcement Unit must have at least 2 years of prior investigative experience and may have previously served as a certified or licensed law enforcement officer. Changes the name of the Certification Review Panel to the Decertification Review Panel. In provisions concerning formal complaint hearings, provides that, at the hearing, the Certification Enforcement Unit bears the burden of proving that the officer committed the decertifying conduct by clear and convincing evidence. Provides that all hearings shall be open to the public. In provisions concerning certification review meetings, provides that the Panel shall vote to decertify the officer if a simple majority of the Panel finds that (1) any alleged decertification conduct has been proven by clear and convincing evidence; and (2) there is no mitigating factor or combination of mitigating factors that significantly outweigh the seriousness of the misconduct and the impact of the misconduct on the victim and the community. Provides that a law enforcement agency and the Illinois State Police shall notify the Board when an officer is discharged or dismissed because of a sustained violation of a department, agency, or Illinois State Police policy that includes assault, sexual assault, bribery, coercion, fraud, theft, untruthfulness, bias, excessive force, conduct that constitutes a significant abuse of the public trust, or reflects an unfitness to serve, or any other specified conduct. The agency shall provide information regarding the nature of the violation. The notification shall occur as soon as the officer is discharged or dismissed. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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 Sections 2, 3, 3.1, 6, 6.3, 6.6, 7.1, 8, 8.1, 8.2, 8.3, and 9.2 and by adding Sections 3.3 and 9.3 as follows:

(50 ILCS 705/2) (from Ch. 85, par. 502)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:

"Address of record" means the designated address recorded by the Board in the applicant's application file or the law enforcement officer's certification file, as maintained by the Board.

"Basic training school" means any school located within the State of Illinois whether privately or publicly owned which offers a course in basic law enforcement or county corrections training and has been approved by the Board.

"Board" means the Illinois Law Enforcement Training Standards Board.

"Chief executive officer" means the highest-ranking officer within a law enforcement agency. "Chief executive officer" includes police chiefs and police superintendents.

"Court security officer" has the meaning given to that term in Section 3-6012.1 of the Counties Code.

"County corrections officer" means any sworn officer of the sheriff who is primarily responsible for the control and custody of offenders, detainees, or inmates.

"Deputy Director" means the Deputy Director of the Certification Enforcement Unit.

"Full-time law enforcement officer" means a law enforcement officer who has completed the officer's probationary period and is employed on a full-time basis as a law enforcement officer by a local government agency, State government agency, or as a campus police officer by a university, college, or community college.

"Law enforcement Enforcement agency" means any entity with statutory police powers and the ability to employ individuals authorized to make arrests. It does not include the Illinois State Police as defined in the State Police Act. A law enforcement agency includes may include any entity associated with a university, college, or community college that employs individuals with statutory police powers.

"Law enforcement officer" means (i) any person who because of the person's office or public employment is primarily responsible for prevention or detection of crime and the enforcement of the criminal, traffic, or highway laws or ordinances of this State or any political subdivision of this State or (ii) any member of a police force appointed and maintained as provided in Section 2 of the Railroad Police Act. "Law enforcement officer" does not include a court security officer or a county corrections officer.

"Local law enforcement agency" means any law enforcement unit of government or municipal corporation in this State. It does not include the State of Illinois or any office, officer, department, division, bureau, board, commission, or agency of the State, except that it does include a State-controlled university, college or public community college.

"State law enforcement agency" means any law enforcement agency of this State. This includes any office, officer, department, division, bureau, board, commission, or agency of the State. It does not include the Illinois State Police as defined in the State Police Act.

"Panel" means the Decertification Certification Review Panel established under Section 3.1.

"Part-time law enforcement officer" means a law enforcement officer who has completed the officer's probationary period and is employed on a part-time basis as a law enforcement officer or as a campus police officer by a law enforcement agency.

"Permanent county corrections officer" means a county corrections officer who has completed the officer's probationary period and is permanently employed on a full-time basis as a county corrections officer by a participating law enforcement agency.

"Permanent court security officer" means a court security officer who has completed the officer's probationary period and is employed as a court security officer by a participating law enforcement agency.

"Permanent law enforcement officer" means a law enforcement officer who has completed the officer's probationary period and is permanently employed on a full-time basis as a local law enforcement officer, as a security officer, or campus police officer permanently employed by a law enforcement agency.

"Probationary county corrections officer" means a recruit county corrections officer required to successfully complete initial minimum basic training requirements at a basic training school to be eligible for permanent employment on a full-time basis as a county corrections officer.

"Probationary court security officer" means a recruit court security officer required to successfully complete initial minimum basic training requirements at a designated training school to be eligible for employment as a court security officer.

"Probationary part-time police officer" means a recruit part-time law enforcement officer required to successfully complete initial minimum part-time training requirements to be eligible for employment on a part-time basis as a local law enforcement officer.

"Basic training school" means any school located within the State of Illinois whether privately or publicly owned which offers a course in basic law enforcement or county corrections training and has been approved by the Board.

"Probationary police officer" means a recruit law enforcement officer required to successfully complete initial minimum basic training requirements at a basic training school to be eligible for permanent full-time employment as a local law enforcement officer.

"Reasonable basis" means there is sufficient information and available evidence from which a reasonable person could conclude that the officer engaged in decertification conduct under Section 6.3.

"Probationary part-time police officer" means a recruit part-time law enforcement officer required to successfully complete initial minimum part-time training requirements to be eligible for employment on a part-time basis as a local law enforcement officer.

"Permanent law enforcement officer" means a law enforcement officer who has completed the officer's probationary period and is permanently employed on a full-time basis as a local law enforcement officer, as a security officer, or campus police officer permanently employed by a law enforcement agency.

"Part-time law enforcement officer" means a law enforcement officer who has completed the officer's probationary period and is employed on a part-time basis as a law enforcement officer or as a campus police officer by a law enforcement agency.

"Law enforcement officer" means (i) any police officer of a law enforcement agency who is primarily responsible for prevention or detection of crime and the enforcement of the criminal code, traffic, or highway laws of this State or any political subdivision of this State or (ii) any member of a police force appointed and maintained as provided in Section 2 of the Railroad Police Act.

"Recruit" means any full-time or part-time law enforcement officer or full-time county corrections officer who is enrolled in an approved training course.

"State law enforcement agency" means any law enforcement agency office, department, division, bureau, board, or commission of this State. "Law enforcement agency" does not include the Illinois State Police.

"Sufficient information" means facts that are alleged in the notice of alleged violation and that, if true, would constitute decertification conduct by an officer within the Board's jurisdiction and that are sufficient to identify the officer and to yield, upon further investigation, evidence that would either prove or disprove the allegation.

"Review Committee" means the committee at the Board for certification disciplinary cases in which the Panel, a law enforcement officer, or a law enforcement agency may file for reconsideration of a decertification decision made by the Board.

"Probationary county corrections officer" means a recruit county corrections officer required to successfully complete initial minimum basic training requirements at a basic training school to be eligible for permanent employment on a full-time basis as a county corrections officer.

"Permanent county corrections officer" means a county corrections officer who has completed the officer's probationary period and is permanently employed on a full-time basis as a county corrections officer by a participating law enforcement agency.

"County corrections officer" means any sworn officer of the sheriff who is primarily responsible for the control and custody of offenders, detainees or inmates.

"Probationary court security officer" means a recruit court security officer required to successfully complete initial minimum basic training requirements at a designated training school to be eligible for employment as a court security officer.

"Permanent court security officer" means a court security officer who has completed the officer's probationary period and is employed as a court security officer by a participating law enforcement agency.

"Court security officer" has the meaning ascribed to it in Section 3-6012.1 of the Counties Code.

"Trauma" means physical or emotional harm resulting from an event, series of events, or set of circumstances that has led to lasting adverse effects on an individual's mental, physical, social, emotional, and spiritual well-being.

"Trauma-informed response" means a program, organization, or system that is trauma-informed; realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in clients, families, staff, and others involved with the system; and responds by fully integrating knowledge about trauma into policies, procedures, and practices, and seeks to actively avoid re-traumatization and to restore autonomy and stability to survivors.

(Source: P.A. 104-159, eff. 1-1-26.)

(50 ILCS 705/3) (from Ch. 85, par. 503)

Sec. 3. Board; composition; appointments; tenure; vacancies.

(a) The Board shall be composed of 18 members selected as follows: The Attorney General of the State of Illinois, the Director of the Illinois State Police, the Director of Corrections, the Superintendent of the Chicago Police Department, the Sheriff of Cook County, the Clerk of the Circuit Court of Cook County, who shall serve as ex officio members, and the following to be appointed by the Governor: 2 mayors or village presidents of Illinois municipalities, 2 Illinois county sheriffs from counties other than Cook County, 2 managers of Illinois municipalities, 2 chiefs of municipal police departments in Illinois having no Superintendent of the Police Department on the Board, 2 citizens of Illinois who shall be members of an organized enforcement officers' association, one active member of a statewide association representing sheriffs, and one active member of a statewide association representing municipal police chiefs. The appointments of the Governor shall be made on the first Monday of August in 1965 with 3 of the appointments to be for a period of one year, 3 for 2 years, and 3 for 3 years. Their successors shall be appointed in like manner for terms to expire the first Monday of August each 3 years thereafter. All members shall serve until their respective successors are appointed and qualified qualify. Vacancies shall be filled by the Governor for the unexpired terms. Any ex officio member may appoint a designee to the Board who shall have the same powers and immunities otherwise conferred to the member of the Board, including the power to vote and be counted toward quorum, so long as the member is not in attendance.

(a-5) (Blank). Within the Board is created a Review Committee. The Review Committee shall review disciplinary cases in which the Panel, the law enforcement officer, or the law enforcement agency file for reconsideration of a decertification decision made by the Board. The Review Committee shall be composed of 9 annually rotating members from the Board appointed by the Board Chairman. One member of the Review Committee shall be designated by the Board Chairman as the Chair. The Review Committee shall sit in 3 member panels composed of one member representing law enforcement management, one member representing members of law enforcement, and one member who is not a current or former member of law enforcement.

(b) When a Board member may have an actual, perceived, or potential conflict of interest or appearance of bias that could prevent the Board member from making a fair and impartial decision regarding decertification:

(1) The Board member shall recuse himself or herself.

(2) If the Board member fails to recuse himself or herself, then the Board may, by a simple majority of the remaining members, vote to recuse the Board member. Board members who are found to have voted on a matter in which they should have recused themselves may be removed from the Board by the Governor.

A conflict of interest or appearance of bias may include, but is not limited to, matters where one of the following is a party to a decision on a decertification or formal complaint: someone with whom the member has an employment relationship; any of the following relatives: spouse, parents, children, adopted children, legal wards, stepchildren, step parents, step siblings, half siblings, siblings, parents-in-law, siblings-in-law, children-in-law, aunts, uncles, nieces, and nephews; a friend; or a member of a professional organization, association, or a union in which the member now actively serves.

(c) A vacancy in members does not prevent a quorum of the remaining sitting members from exercising all rights and performing all duties of the Board.

(d) An individual serving on the Board shall not also serve on the Panel.

(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)

(50 ILCS 705/3.1)

Sec. 3.1. Illinois Law Enforcement Decertification Certification Review Panel.

(a) There is hereby created the Illinois Law Enforcement Decertification Certification Review Panel. The Panel shall be composed of the following members, to be appointed in accordance with this Section no later than January 31, 2022 (30 days after the effective date of Public Act 101-652) this amendatory Act of the 101st General Assembly. An individual serving on the Panel shall not also serve on the Board.

(1) The Governor shall appoint 4 members as prescribed in this paragraph (1): one person who shall be an active member from a statewide association representing State's Attorneys; and 3 persons who shall be Illinois residents who are from communities with disproportionately high instances of interaction with law enforcement, as indicated by a high need, underserved community with high rates of gun violence, unemployment, child poverty, and commitments to the Illinois Department of Corrections, but who are not themselves law enforcement officers. The initial appointments of the Governor shall be for a period of 3 years. Their successors shall be appointed in like manner for terms to expire the first Monday of June each 3 years thereafter. All members shall serve until their respective successors are appointed and qualified qualify. Vacancies shall be filled by the Governor for the unexpired terms. Terms shall run regardless of whether the position is vacant.

(2) The Attorney General shall appoint 9 members as prescribed in this paragraph (2). The membership shall have racial, ethnic, gender, and geographic diversity and include the following: 2 two persons who shall be active members of statewide organization representing more than 20,000 active and retired law enforcement officers; one person who shall be an active member of a statewide organization representing more than 3,000 active and retired law enforcement officials; one person who shall be an active member of a statewide association representing a minimum of 75 sheriffs; one person who shall be an active member of a statewide association representing at least 200 municipal police chiefs; 2 two persons who shall be active members of a minority law enforcement association; one person who shall be a representative of the victims' advocacy community but shall not be a member of law enforcement; and one person who shall be a resident of Illinois and shall not be an employee of the Office of the Illinois Attorney General. The members shall serve for a 3-year term and until their respective successors are appointed and qualified qualify. The members' successors shall be appointed in like manner for terms to expire the first Monday of June each 3 years thereafter. Any vacancy of these positions shall be filled by the Attorney General for the unexpired term. The term shall run regardless of whether the position is vacant.

(b) The Panel shall annually elect by a simple majority vote one of its members as chairperson and one of its members as vice-chairperson. The vice-chairperson shall serve in the place of the chairperson at any meeting of the Panel in which the chairperson is not present. If both the chairperson and the vice-chairperson are absent at any meeting, the members present shall elect by a simple majority vote another member to serve as a temporary chairperson for the limited purpose of that meeting. No member shall be elected more than twice in succession to the same office. Each member shall serve until that member's successor has been elected and qualified.

(c) The Board shall provide administrative assistance to the Panel.

(d) The members of the Panel shall serve without compensation but shall be entitled to reimbursement for their actual and necessary expenses in attending meetings and in the performance of their duties hereunder.

(e) Members of the Panel will receive initial and annual training that is adequate in quality, quantity, scope, and type, and will cover, at minimum, the following topics:

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

(2) police tactics;

(3) investigations of police conduct;

(4) impartial policing;

(5) policing individuals in crisis;

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

(7) procedural justice; and

(8) community outreach.

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

(f) The State shall indemnify and hold harmless members of the Panel for all of their acts, omissions, decisions, or other conduct arising out of the scope of their service on the Panel, except those involving willful or wanton misconduct. The method of providing indemnification shall be as provided in the State Employee Indemnification Act.

(g) When a Panel member may have an actual, perceived, or potential conflict of interest or appearance of bias that could prevent the Panel member from making a fair and impartial decision on a complaint or formal complaint:

(1) The Panel member shall self-recuse.

(2) If the Panel member fails to self-recuse, then the remaining members of the Panel may, by a simple majority, vote to recuse the Panel member. Any Panel member who is found to have voted on a matter in which the Panel member they should have self-recused may be removed from the Panel by the State official who initially appointed the Panel member. A conflict of interest or appearance of bias may include, but is not limited to, matters where one of the following is a party to a certification decision for formal complaint: someone with whom the Panel member has an employment relationship; any of the following relatives: spouse, parents, children, adopted children, legal wards, stepchildren, stepparents, step siblings, half siblings, siblings, parents-in-law, siblings-in-law, children-in-law, aunts, uncles, nieces, and nephews; a friend; or a member of a professional organization or association in which the member now actively serves.

(h) A vacancy in membership does not impair the ability of a quorum to exercise all rights and perform all duties of the Panel.

(i) Notwithstanding any provision of law to the contrary, the changes made to this Section by Public Act 102-694 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; revised 7-3-25.)

(50 ILCS 705/3.3 new)

Sec. 3.3. Certification Enforcement Unit.

(a) The Certification Enforcement Unit is hereby created within the Board and shall be responsible for the investigation of matters under Sections 6.1 and 6.3 and the prosecution of matters under Section 6.3. The Certification Enforcement Unit shall be headed by the Deputy Director of the Certification Enforcement Unit and shall be composed of one or more investigators and other staff members. The Board shall set the minimum qualifications, appropriate screening procedures, and appropriate staffing levels for all positions of Board employment necessary to carry out the Board's powers and duties.

(b) The Deputy Director of the Certification Enforcement Unit shall be appointed by the Board and must have:

(1) substantial experience in law enforcement, criminal law, civil-rights law, or government investigations; and

(2) demonstrated integrity, professionalism, sound judgment, and leadership.

(c) A person may not be appointed as the Deputy Director if the person:

(1) was a law enforcement officer and was terminated for decertifying conduct under Section 6.3;

(2) was a law enforcement officer and was decertified;

(3) was a law enforcement officer and the person's law enforcement license or certificate was revoked in this State or any other jurisdiction; or

(4) has been convicted of any of the crimes listed in subsection (a) of Section 6.2a.

The Deputy Director may have previously served as a certified or licensed law enforcement officer.

(d) Any investigator hired to serve in the Certification Enforcement Unit must have at least 2 years of prior investigative experience and may have previously served as a certified or licensed law enforcement officer.

(e) A person may not be hired as an investigator if the person:

(1) was a law enforcement officer and was terminated for decertifying conduct under Section 6.3;

(2) was a law enforcement officer and was decertified;

(3) was a law enforcement officer and the person's law enforcement license or certificate was revoked in this State or any other jurisdiction; or

(4) has been convicted of any of the crimes listed in subsection (a) of Section 6.2a.

(f) Any complaint filed against the Board's investigators shall be investigated by the Illinois State Police.

(50 ILCS 705/6) (from Ch. 85, par. 506)

Sec. 6. Powers and duties of the Board; 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 law enforcement officers, probationary county corrections officers, and court security officers and of providing advanced or in-service training for permanent law enforcement 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 law enforcement agencies 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, and in-service training of permanent law enforcement officers.

c. (Blank). To provide appropriate certification to those probationary officers who successfully complete the prescribed minimum standard basic training course.

c-5. To determine whether an applicant has met the requirements of this Act or Section 3-6001.5 of the Counties Code and is qualified to be certified as an officer and to issue a certificate to those so qualified.

d. To review and approve annual training curriculum for county sheriffs.

e. To review and approve applicants to ensure that no applicant is admitted to a certified academy unless the applicant is a person of good character and has not been convicted of, found guilty of, entered a plea of guilty to, or entered a plea of nolo contendere to a felony offense, any of the misdemeanors in Sections 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in violation of any Section of Part E of Title III of the Criminal Code of 1961 or the Criminal Code of 2012, or subsection (a) of Section 17-32 of the Criminal Code of 1961 or the Criminal Code of 2012, 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, or any felony or misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified therein. The Board may appoint investigators who shall enforce the duties conferred upon the Board by this Act.

For purposes of this paragraph e, a person is considered to have been convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. This includes sentences of supervision, conditional discharge, or first offender probation, or any similar disposition provided for by law.

f. To establish statewide standards for minimum standards regarding regular mental health screenings for probationary and permanent police officers, ensuring that counseling sessions and screenings remain confidential.

g. To review and ensure all law enforcement officers and law enforcement agencies remain in compliance with this Act, any other Act over which the Board exercises oversight, and any administrative rules adopted under this Act and any Act over which the Board exercises oversight.

h. To suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate.

i. The Board and the Panel shall have power to secure by its subpoena and bring before it any person or entity in this State and to take testimony either orally or by deposition or both with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. The Board and the Panel shall also have the power to subpoena the production of documents, papers, files, books, documents, and records, whether in physical or electronic form, in support of the charges and for defense, and in connection with a hearing or investigation.

j. The Executive Director, the administrative law judge designated by the Executive Director, and each member of the Board and the Panel shall have the power to administer oaths to witnesses at any hearing that the Board is authorized to conduct under this Act and any other oaths required or authorized to be administered by the Board under this Act.

k. In case of the neglect or refusal of any person to obey a subpoena issued by the Board and the Panel, any circuit court, upon application of the Board and the Panel, through the Illinois Attorney General, may order such person to appear before the Board and the Panel give testimony or produce evidence, and any failure to obey such order is punishable by the court as a contempt thereof. This order may be served in person, by certified mail at the person's address, or by use of a trackable courier service with a signature requirement by personal delivery, by email, or by mail to the address of record or email address of record.

l. The Board shall have the power to administer state certification examinations. Any and all records related to these examinations, including, but not limited to, test questions, test formats, digital files, answer responses, answer keys, and scoring information shall be exempt from disclosure.

m. To make grants, subject to appropriation, to units of local government and public institutions of higher education for the purposes of hiring and retaining law enforcement officers.

n. (Blank). To make grants, subject to appropriation, to local law enforcement agencies for costs associated with the expansion and support of National Integrated Ballistic Information Network (NIBIN) and other ballistic technology equipment for ballistic testing.

o. To create a Certification Enforcement Unit within the Board.

p. To review annually police pursuit procedures and make available suggested law enforcement pursuit guidelines for law enforcement agencies. The police pursuit guidelines adopted by the Board do not alter the effect of previously existing law, including the immunities established under the Local Governmental and Governmental Employees Tort Immunity Act.

(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)

(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; (2) knowingly concealing information from a statement causing a portion of the statement to be misleading, or creating a false impression by the statement; or (3) submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity.

"Perjury" means the crime 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) turned off or tampered with 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 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; or 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 act that constitutes a significant abuse of the public trust; sexual misconduct; exploiting or misusing the position of the officer; or any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer that demonstrates an officer's unfitness to serve.

(b-5) The Board has the authority to decertify a full-time or part-time law enforcement officer notwithstanding whether other a law enforcement agency takes disciplinary action is taken 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, unless the law enforcement officer or law enforcement agency knows that the conduct has been reported previously by another individual or agency. For this subsection (c), law enforcement agency includes, but is not limited to, a civilian oversight entity review board, an inspector general, and legal counsel for a law enforcement agency, and legal counsel for a municipality that employs the law enforcement officer permitted by law or other ethical rules.

(B) The Executive Director of the Board;

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

"Becoming aware" means that an individual has acquired information that reasonably suggests a reportable event has occurred. "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 alleged violation the status of the Board's review.

(d) Form. The notice of alleged 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, law enforcement 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, or as otherwise provided for by law.

(e) Preliminary review.

(1) The Certification Enforcement Unit 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 Certification Enforcement Unit Board shall notify the head of the law enforcement agency associated with that employs the law enforcement officer who is the subject of the allegations. At the request of the Certification Enforcement Unit Board, a the law enforcement agency must submit any copies of investigative findings, evidence, or documentation related to the allegations to the Certification Enforcement Unit Board in accordance with rules adopted by the Certification Enforcement Unit Board to facilitate the Certification Enforcement Unit's Board's preliminary review. The Certification Enforcement Unit 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 Certification Enforcement Unit 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 Certification Enforcement Unit 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 Certification Enforcement Unit Board believes there is not sufficient insufficient information supporting the allegations to warrant further investigation, it may close a notice. Notification of the Certification Enforcement Unit's Board's decision to close a notice of alleged violation shall be sent to all relevant individuals, agencies, and any entities that received the notice of alleged the violation under subsection (c) within 30 days of the notice of alleged violation being closed, except in cases where the notice of alleged violation 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 Certification Enforcement Unit Board shall report any notice of alleged violation it receives to the relevant law enforcement agency, unless reporting the notice would jeopardize any subsequent investigation. The Certification Enforcement Unit Board shall also record any notice of alleged 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 Certification Enforcement Unit Board shall inform the law enforcement officer via personal service, certified mail at their address of record or by use of a trackable courier service with signature requirement certified mail that it has received a notice of alleged violation against the law enforcement officer.

If the Certification Enforcement Unit 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 charges a Formal Complaint, the Certification Enforcement Unit 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 within 30 days of such filing , and must provide updates of significant developments to the Board in a timely manner but no later than 30 days after such developments. When a law enforcement officer is charged in a criminal proceeding related to conduct that is the subject of a notice of alleged violation, the Board is responsible for maintaining a current status report regarding the criminal proceedings, including court dates, hearings, pleas, adjudication status, and sentencing.

(f) Investigations; requirements. After the Certification Enforcement Unit concludes its Investigations are to be assigned after a preliminary review, the Certification Enforcement Unit shall assign the investigation of the allegations in the notice of alleged violation as provided in paragraphs (1), (2), and (3) of this subsection (f), 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 alleged 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 Certification Enforcement Unit 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 Certification Enforcement Unit 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 Certification Enforcement Unit Board regarding the progress of the investigation. The quarterly report shall be reviewed by the individual or individuals at the Certification Enforcement Unit Board who conducted the preliminary review, if available. If an investigation proceeds more than 6 months beyond the initial investigation assignment, the Certification Enforcement Unit shall request that the investigating agency show cause in writing as to why the investigation has proceeded for this extended period and provide an estimated timeline for completion of their investigation.

Any agency or entity conducting an investigation under this paragraph (1) shall, within 7 days of completing an investigation, deliver, to the Deputy Director of the Certification Enforcement Unit, an Investigative Summary Report and copies of any evidentiary material, including, but not limited to, documents or video, that is relevant to assessing the notice of the alleged violation administrative evidence to the Board. If the Deputy Director of the Certification Enforcement Unit Board finds an investigation conducted under this paragraph (1) is incomplete, unsatisfactory, or deficient in any way, the Deputy Director of the Certification Enforcement Unit 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 Certification Enforcement Unit Board may take any steps necessary to complete the investigation. The investigating entity or agency or, when necessary, the Certification Enforcement Unit Board will then amend and re-submit the Investigative Summary Report to the Certification Enforcement Unit Board for approval.

The Certification Enforcement Unit 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 Certification Enforcement Unit Board shall investigate and complete an Investigative Summary Report when a State's Attorney's Office submits a notice of alleged violation to the Board under subparagraph (C) of paragraph (1) of subsection (c) (c)(1)(C).

(3) When a person submits a notice to the Board under paragraph (2) of subsection (c), the Certification Enforcement Unit The Board shall assign the investigation to the law enforcement agency associated with 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 Certification Enforcement Unit Board has determined that either (I) 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 or (II) it is, based on the facts and circumstances, in the public interest for the Certification Enforcement Unit to do so. The public interest shall include conflicts of interest, a perceived lack of impartiality, or the severity of the alleged wrongdoing that significantly impacts public trust if not handled by a neutral party.

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 Certification Enforcement Unit Board who conducted the preliminary review, if available. If an investigation proceeds more than 6 months beyond the initial investigation assignment, then the Certification Enforcement Unit shall request that the investigating agency show cause in writing as to why the investigation has proceeded for the extended period and provide an estimated timeline for completion of the agency's investigation.

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

(4) Concurrent Investigations. The Certification Enforcement Unit Board may, at any point, initiate an investigation under this Section to be conducted concurrently with any administrative investigation of the alleged misconduct conducted by the law enforcement agency that employs the law enforcement officer or other investigative entity. The employing agency or other investigative a concurrent investigation under this section. The original investigating entity shall timely communicate, coordinate, and cooperate with the Certification Enforcement Unit 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 of within each alleged offense allegation followed by a description of the testimonial, documentary, and or physical evidence that is relevant to each such allegation or element listed and discussed in association with it. The Investigative Summary Report shall also include a discussion of whether the investigation uncovered facts sufficient to prove or disprove the allegations. 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 associated with 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 Certification Enforcement Unit Board being conducted.

(8) A law enforcement agency or the Certification Enforcement Unit performing an investigation under this Section shall preserve all evidence. This information shall be contained in a single investigation file. Upon the filing of a formal complaint seeking decertification, the investigation file shall be subject to unredacted disclosure to the law enforcement officer subject to the investigation.

(g) Formal complaints. Upon receipt of an Investigative Summary Report, the Certification Enforcement Unit Board shall review the report 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 Report and any other relevant evidence obtained, the Certification Enforcement Unit Board determines that a reasonable basis does exist, the Certification Enforcement Unit Board shall file a formal complaint with the Decertification Certification Review Panel.

(h) Formal Complaint Hearing.

(1) Within 7 days after receipt Upon issuance of a formal complaint by the Certification Enforcement Unit, 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 Certification Enforcement Unit Panel must, in writing, notify the accused law enforcement officer that a formal complaint has been issued by the Board. Notice of the formal complaint may be served in person, by certified mail at the law enforcement officer's address of record, or by use of a trackable courier service with signature requirement. Notice of the formal complaint shall also be provided to the law enforcement officer's employing law enforcement agency. Notice of the formal complaint shall include 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) a statement that the officer has the right to file a written answer to the complaint with the Panel within 30 days after service of the notice;

(iii) a statement that if the law enforcement officer fails to file a written answer within 30 days after service of the notice or fails to attend the hearing comply with the notice of the default order in paragraph (2), the administrative law judge 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) a statement that the law enforcement officer may request an informal conference to surrender the officer's certification.

(2) After showing completed service of the notice of formal complaint to the law enforcement officer and the law enforcement officer's failure to comply, the Certification Enforcement Unit The Board shall send the law enforcement officer notice of a 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 at a decertification hearing. If the law enforcement officer does not notify the Board within 30 days, the Board may require the Certification Enforcement Unit to set the matter for hearing. If the matter is set for hearing, the Certification Enforcement Unit Board shall send the law enforcement officer the notice of the date, time and location of the hearing. The law enforcement officer shall be served by personal delivery, by certified mail at their address of record, or by a trackable courier service with signature requirement. If the law enforcement officer or counsel for the officer does appear, at the Certification Enforcement Unit's 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, on the date of the decertification hearing, neither the law enforcement officer nor counsel for the officer appears or the Certification Enforcement Unit declines to set the matter for hearing as required under 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 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 certified mail at their address of record, or by a trackable courier service with signature requirement 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. The law enforcement officer's law enforcement agency shall make all reasonable efforts to provide a copy of the notice to the law enforcement officer within 7 days after receiving the notice.

(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 Board makes a final decision on the matter 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. At any time 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, if the officer has pending decertification investigation or hearing, there will be no further proceedings related to the Board's formal complaint, and the matter will be closed and terminated or waiver, the Board's proceeding shall terminate.

(5.5) Mandatory prehearing disclosures. No later than 28 days before the hearing, the law enforcement officer, the law enforcement officer's counsel, or the law enforcement officer and the law enforcement officer's counsel shall disclose the following:

(i) if known, the name, address, and telephone number of each individual likely to have information relevant to the hearing that the law enforcement officer may use to support the law enforcement officer's defenses; and

(ii) a copy of any documents and videos that are in the possession, custody, or control of the law enforcement officer and that the law enforcement officer may use to support the law enforcement officer's defenses.

No later than 28 days after the filing of a formal complaint, the Certification Enforcement Unit shall give to the law enforcement officer or the law enforcement officer's counsel a copy of the complete and unredacted investigation file as required under paragraph (8), including all demonstrative exhibits, evidence, and other information that may be used during the hearing, including, but not limited to, any name and last known address that has previously been held as confidential by the Certification Enforcement Unit or the Board.

(6) Appointment of administrative law judges. The Board shall retain at least 3 attorneys 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. Any attorney retained to serve as an The administrative law judge shall serve be retained to a term of no greater than 4 years. If more than one administrative law judge is retained, the terms shall be staggered. Any The administrative law judge shall have has full authority to conduct the hearings.

Any attorney retained to serve as an administrative law judge must have at least 8 years of experience practicing law in Illinois, and at least 5 years of litigation experience.

Prior to the commencement of a hearing, each party has the right to demand a new administrative law judge without having to show cause, and a new administrative judge shall be assigned.

After the hearing has begun, any party may file with the Board a request for the removal of an administrative law judge for cause, along with a supporting affidavit, on the grounds that the administrative law judge cannot render a fair and impartial decision in a particular case. The Panel shall assign the matter for a determination to an administrative law judge not challenged in the motion. If the administrative law judge finds that the party's reasons for objecting do not warrant disqualification, then the administrative law judge shall set forth in writing the reasons disqualification is not warranted, send the writing to the parties, and reiterate that decision at the hearing.

The Board shall provide or make arrangements to provide each administrative law judge with 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.

(6.5) Ineligible administrative law judges. An attorney is ineligible to serve as an administrative law judge if the attorney:

(i) was employed or retained to serve as counsel or expert witness by any law enforcement agency in the preceding 5 years;

(ii) was employed or retained to serve as counsel or expert witness by a law enforcement collective bargaining entity in the preceding 5 years;

(iii) was employed or retained by a group involved in litigation against law enforcement in the preceding 5 years; or

(iv) is currently employed by the Board.

No administrative law judge may preside over a hearing if the administrative law judge is prejudiced or partial with respect to any party or has any interest in the matter pending for decision.

An adverse ruling made by an administrative law judge shall not constitute bias or conflict of interest. An adverse ruling or rulings rendered against the party or its representative in any previous matter shall not constitute sufficient grounds for disqualification under this Section. An adverse ruling made by an administrative law judge may be used as evidence of bias or conflict of interest.

(7) Hearing procedures. At the hearing, the administrative law judge will hear evidence related to the allegations outlined alleged in the formal 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 may shall be afforded the opportunity to request that the administrative law judge Board compel the attendance of witnesses and production of related documents.

At the hearing, the Certification Enforcement Unit bears the burden of proving that the officer committed the decertifying conduct, as defined in subsection (b), by clear and convincing evidence. The Illinois Rules of Evidence shall apply to the extent practicable unless, by the application, the administrative law judge determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of the administrative judge's affairs. The administrative law judge must state on the record the administrative law judge's reasons for that determination. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally, accompanied by a short statement of the grounds for the objection, and included in the record. No objection shall be deemed waived by further participation in the hearing. Testimony shall be taken only on oath or affirmation. Subject to the evidentiary requirements of this Section, a party may conduct cross-examination required for a full and fair disclosure of the facts. The Certification Enforcement Unit may introduce evidence of repeated prior conduct in aggravation.

All hearings shall be open to the public. However, a portion of the hearing may be closed to the public only if the party seeking closure can prove with specificity that the portion of the hearing will reveal confidential information that creates a compelling interest outweighing the public's interest. The administrative law judge may, in a nonpublic session, hear and consider the request for closure and rule on such request.

All proceedings before the administrative law judge shall be recorded and retained in the file for the proceedings. No other party, witness, or member of the viewing public may make an audio or video record of the proceedings. One copy of the transcript shall be made available to the relevant law enforcement officer or the law enforcement agency that employs the law enforcement officer at no cost.

(8) Hearing summary report. After the conclusion of the hearing, the administrative law judge shall issue a hearing summary report that summarizes the administrative law judge's report any findings of fact, conclusions of law, and recommended disposition of the matter to the Panel. The administrative law judge shall also provide a copy of the report to If the law enforcement officer and the agency that employs the law enforcement officer. Any party to the proceeding may object to any findings of fact, conclusions of law, or the recommended disposition outlined in the hearing summary report, in writing by filing a objects to any procedural or substantive legal portion of the report, the officer may do so by written brief filed with the Panel within 28 14 days of after receipt of the hearing summary report. At the request of the parties, the report. The Panel may grant reasonable extensions for the submission of objections to the hearing summary report 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.

(h-5) (8) Certification Review Meeting. Upon receipt of the administrative law judge's hearing summary report findings of fact, conclusions of law, and recommended disposition, and any submitted objections to from the hearing summary report law enforcement officer, the Panel shall schedule 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. Public attendance at the Panel's open session shall be permitted. 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.

The Panel shall vote to decertify the officer if a simple majority of the Panel finds that:

(1) any alleged decertification conduct has been proven by clear and convincing evidence; and

(2) there is no mitigating factor or combination of mitigating factors that significantly outweigh the seriousness of the misconduct and the impact of the misconduct on the victim and the community.

The Panel shall prepare a disposition order as soon as practicable after the completion of the certification review meeting, which shall summarize the Panel's findings of fact, conclusions of law, and disposition. The recommendation shall be delivered to the Board within 7 days and shall also be served upon the law enforcement officer and the law enforcement agency employing the law enforcement officer.

(h-10) (9) Final action by the Board. After receiving the Panel's disposition order 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 order regarding the final decision to decertify the law enforcement officer or to take no action in regard to the law enforcement officer. No new or additional evidence may be presented to the Board. If the Panel recommends that the Board decertify the officer, then the Board shall decertify the officer unless a motion to reconsider has been filed 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.

(h-15) (10) Reconsideration of the Panel's 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 Board Review Committee. The motion for reconsideration shall specify the particular grounds for reconsideration. Within 10 days after receipt of the motion for reconsideration, the The non-moving party may respond to the motion for reconsideration. The Board Review Committee shall only address the issues raised by the parties. The Board may not address new evidence or other arguments not previously presented.

The Board Review Committee may deny the motion for reconsideration, or it may grant the motion in whole or in part and issue an amended final order a new final decision in the matter. The Board Review Committee must notify the law enforcement officer and their last employing law enforcement agency within 14 days of a denial of the motion for reconsideration and state the reasons for denial. The law enforcement officer shall be served by personal delivery, by certified mail at their address of record, or by a trackable courier service with signature requirement. Denial of a motion for reconsideration may be appealed under Section 6.6.

(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 January 1, 2022 the effective date of this amendatory Act of the 102nd General Assembly.

The following may be used to discretionarily decertify a law enforcement officer for conduct that occurred prior to July 1, 2022: (i) committing an act that would constitute a felony or misdemeanor that could serve as the basis for automatic decertification under subsection (a) of Section 6.2; (ii) using excessive force; (iii) tampering with a dash camera or body-worn camera or directing another person to tamper with a dash or body-worn camera for the purpose of concealing, destroying, or altering potential evidence, if the conduct occurred when it was unlawful to do so; (iv) committing perjury, intentionally making a false statement, or knowingly tampering with or fabricating evidence; (v) the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority; or (vi) intimidating witnesses, knowingly obtaining a false confession, or knowingly making a false arrest if these actions were intended to disrupt a legitimate criminal investigation.

(i-5) Information received and records kept by the Board for purposes of performing official duties under this Section are confidential and exempt from disclosure under the Freedom of Information Act, except as otherwise provided in this Act.

(i-10) Annual report. The Board shall submit an annual report to the Governor, Attorney General, President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives on or before March 1, 2026, and every year thereafter indicating:

(1) the number of notices of alleged violation under this Section received in the preceding calendar year;

(2) the type of complaints received and, if known, the gender and race of the complainants and officers;

(3) the number of investigations initiated in the preceding calendar year since the date of the last report;

(4) the number of investigations concluded in the preceding calendar year;

(5) the number of investigations pending on the last day of the preceding calendar year;

(6) the number of formal complaints filed in the preceding calendar year;

(7) the number of hearings held in the preceding calendar year;

(8) the number of officers decertified in the preceding calendar year;

(9) the number of officers where insufficient cause for decertification was found by an investigator conducting an investigation pursuant to this Section; and

(10) the number of officers where insufficient cause for decertification was found by an administrative law judge, a decertification review panel, or the Board.

The annual report shall be made publicly available on the Board website.

(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.

(k) An individual who is decertified by the Board shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer, or be authorized to carry firearms under the authority of a law enforcement officer, except as otherwise authorized to carry a firearm under State law or federal law.

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

(50 ILCS 705/6.6)

Sec. 6.6. Administrative Review Law; application.

(a) (Blank). All final administrative decisions regarding discretionary decertification of the Board are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.

(a-5) The Board's final order or amended final order is subject to the judicial review provisions of the Illinois Administrative Procedure Act.

(b) Proceedings for judicial review shall be commenced in Sangamon County or Cook County.

(c) To facilitate judicial review as necessary, the Board shall maintain all records related to any investigations and proceedings conducted under this Act in a permanent file in accordance with the retention schedule provided in the State Records Act. The Board is responsible for preparing and filing the record upon notice of the filing of a complaint for administrative review.

(Source: P.A. 101-652, eff. 1-1-22.)

(50 ILCS 705/7.1)

Sec. 7.1. Firearms restraining order training.

(a) The Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. The Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in different situations. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance.

(b) Every law enforcement officer shall complete this training once each year.

(c) If a law enforcement agency lacks internal expertise or capacity to provide this training adequate training is unavailable, then the Illinois Law Enforcement Training Standards Board may approve training to be conducted by a third party.

(Source: P.A. 102-345, eff. 6-1-22.)

(50 ILCS 705/8) (from Ch. 85, par. 508)

Sec. 8. Participation required. All home rule local governmental units shall comply with Sections 6.3, 8.1, and 8.2 and any other mandatory provisions of this Act. This Act is a limitation on home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 101-652, eff. 1-1-22.)

(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)

Sec. 8.1. Full-time law enforcement and county corrections officers.

(a) No person shall receive a permanent appointment as a law enforcement officer or a permanent appointment as a county corrections officer unless that person has been awarded, within 6 months of the officer's initial full-time employment, a certificate attesting to the officer's successful completion of the Minimum Standards Basic Law Enforcement or County Correctional Training Course as prescribed by the Board; or has been awarded a certificate attesting to the officer's satisfactory completion of a training program of similar content and number of hours and which course has been found acceptable by the Board under the provisions of this Act; or a training waiver by reason of prior law enforcement or county corrections experience, obtained in Illinois, in any other state, or with an agency of the federal government, the basic training requirement is determined by the Board to be illogical and unreasonable. Agencies seeking a reciprocity waiver for training completed outside of Illinois must conduct a thorough background check and provide verification of the officer's prior training. After review and satisfaction of all requested conditions, the officer shall be awarded an equivalency certificate satisfying the requirements of this Section. Within 60 days after the effective date of this amendatory Act of the 103rd General Assembly, the Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state, or who has completed a basic law enforcement officer or correctional officer academy who would be qualified to be employed as a law enforcement officer or correctional officer by the federal government or any other state. These rules shall address the process for evaluating prior training credit, a description and list of the courses typically required for reciprocity candidates to complete prior to taking the exam, and a procedure for employers seeking a pre-activation determination for a reciprocity training waiver. The rules shall provide that any eligible person previously trained as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver:

(1) a training program or set of coursework approved by the Board on the laws of this State relevant to the duties and training requirements of law enforcement and county correctional officers;

(2) firearms training; and

(3) successful passage of the equivalency certification examination.

If such training is required and not completed within the applicable 6 months, then the officer must forfeit the officer's position, or the employing agency must obtain a waiver from the Board extending the period for compliance. Such waiver shall be issued only for good and justifiable reasons, and in no case shall extend more than 90 days beyond the initial 6 months. Any hiring agency that fails to train a law enforcement officer within this period shall be prohibited from employing this individual in a law enforcement capacity for one year from the date training was to be completed. If an agency again fails to train the individual a second time, the agency shall be permanently barred from employing this individual in a law enforcement capacity.

An individual who is not certified by the Board or whose certified status is inactive shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer by an employing agency, or be authorized to carry firearms under the authority of the employer, except as otherwise authorized to carry a firearm under State or federal law. Sheriffs who are elected as of January 1, 2022 (the effective date of Public Act 101-652) are exempt from the requirement of certified status. Failure to be certified in accordance with this Act shall cause the officer to forfeit the officer's position.

An employing agency may not grant a person status as a law enforcement officer unless the person has been granted an active law enforcement officer certification by the Board.

(b) Inactive status. A person who has an inactive law enforcement officer certification has no law enforcement authority.

(1) A law enforcement officer's certification becomes inactive upon termination, resignation, retirement, or separation from the officer's employing law enforcement agency for any reason. The Board shall re-activate a certification upon written application from the law enforcement officer's law enforcement agency that shows the law enforcement officer: (i) has accepted a full-time law enforcement position with that law enforcement agency, (ii) is not the subject of a decertification proceeding, and (iii) meets all other criteria for re-activation required by the Board. The Board may also establish special training requirements to be completed as a condition for re-activation.

The Board shall review a notice for reactivation from a law enforcement agency and provide a response within 30 days. The Board may extend this review. A law enforcement officer shall be allowed to be employed as a full-time law enforcement officer while the law enforcement officer reactivation waiver is under review.

A law enforcement officer who is refused reactivation or an employing agency of a law enforcement officer who is refused reactivation under this Section may request a hearing in accordance with the hearing procedures as outlined in subsection (h) of Section 6.3 of this Act.

The Board may refuse to re-activate the certification of a law enforcement officer who was involuntarily terminated for good cause by an employing agency for conduct subject to decertification under this Act or resigned or retired after receiving notice of a law enforcement agency's investigation.

(2) A law enforcement agency may place an officer who is currently certified on inactive status by sending a written request to the Board. A law enforcement officer whose certificate has been placed on inactive status shall not function as a law enforcement officer until the officer has completed any requirements for reactivating the certificate as required by the Board. A request for inactive status in this subsection shall be in writing, accompanied by verifying documentation, and shall be submitted to the Board with a copy to the chief administrator of the law enforcement officer's current or new employing agency.

(3) Certification that has become inactive under paragraph (2) of this subsection (b) shall be reactivated by written notice from the law enforcement officer's agency upon a showing that the law enforcement officer: (i) is employed in a full-time law enforcement position with the same law enforcement agency, (ii) is not the subject of a decertification proceeding, and (iii) meets all other criteria for re-activation required by the Board.

(4) Notwithstanding paragraph (3) of this subsection (b), a law enforcement officer whose certification has become inactive under paragraph (2) may have the officer's employing agency submit a request for a waiver of training requirements to the Board in writing and accompanied by any verifying documentation. A grant of a waiver is within the discretion of the Board. Within 7 days of receiving a request for a waiver under this Section, the Board shall notify the law enforcement officer and the chief administrator of the law enforcement officer's employing agency, whether the request has been granted, denied, or if the Board will take additional time for information. A law enforcement agency whose request for a waiver under this subsection is denied is entitled to request a review of the denial by the Board. The law enforcement agency must request a review within 20 days of the waiver being denied. The burden of proof shall be on the law enforcement agency to show why the law enforcement officer is entitled to a waiver of the legislatively required training and eligibility requirements.

(c) No provision of this Section shall be construed to mean that a county corrections officer employed by a governmental agency at the time of the effective date of this amendatory Act, either as a probationary county corrections officer or as a permanent county corrections officer, shall require certification under the provisions of this Section. No provision of this Section shall be construed to apply to certification of elected county sheriffs.

(d) Within 14 days, a law enforcement officer shall report to the Board: (1) any name change; (2) any change in employment; or (3) the filing of any criminal indictment or charges against the officer alleging that the officer committed any offense as enumerated in Section 6.1 of this Act.

(e) All law enforcement officers must report the completion of the training requirements required in this Act in compliance with Section 8.4 of this Act.

(e-1) Each employing law enforcement agency shall allow and provide an opportunity for a law enforcement officer to complete the mandated requirements in this Act. All mandated training shall be provided at no cost to the employees. Employees shall be paid for all time spent attending mandated training.

(e-2) Each agency, academy, or training provider shall maintain proof of a law enforcement officer's completion of legislatively required training in a format designated by the Board. The report of training shall be submitted to the Board within 30 days following completion of the training. A copy of the report shall be submitted to the law enforcement officer. Upon receipt of a properly completed report of training, the Board will make the appropriate entry into the training records of the law enforcement officer.

(f) This Section does not apply to part-time law enforcement officers or probationary part-time law enforcement officers.

(g) Notwithstanding any provision of law to the contrary, the changes made to this Section by Public Act 101-652, Public Act 102-28, and Public Act 102-694 take effect July 1, 2022.

(h) This Section does not apply to elected county sheriffs.

(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)

(50 ILCS 705/8.2)

Sec. 8.2. Part-time law enforcement officers.

(a) A person hired to serve as a part-time law enforcement officer must obtain from the Board a certificate (i) attesting to the officer's successful completion of the part-time police training course; (ii) attesting to the officer's satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) a training waiver attesting to the Board's determination that the part-time police training course is unnecessary because of the person's prior law enforcement experience obtained in Illinois, in any other state, or with an agency of the federal government. A person hired on or after March 14, 2002 (the effective date of Public Act 92-533) must obtain this certificate within 18 months after the initial date of hire as a probationary part-time law enforcement officer in the State of Illinois. The probationary part-time law enforcement officer must be enrolled and accepted into a Board-approved course within 6 months after active employment by any department in the State. A person hired on or after January 1, 1996 and before March 14, 2002 (the effective date of Public Act 92-533) must obtain this certificate within 18 months after the date of hire. A person hired before January 1, 1996 must obtain this certificate within 24 months after January 1, 1996 (the effective date of Public Act 89-170). Agencies seeking a reciprocity waiver for training completed outside of Illinois must conduct a thorough background check and provide verification of the officer's prior training. After review and satisfaction of all requested conditions, the officer shall be awarded an equivalency certificate satisfying the requirements of this Section. Within 60 days after January 1, 2024 (the effective date of Public Act 103-389), the Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state, or who has completed a basic law enforcement officer or correctional officer academy who would be qualified to be employed as a law enforcement officer or correctional officer by the federal government or any other state. These rules shall address the process for evaluating prior training credit, a description and list of the courses typically required for reciprocity candidates to complete prior to taking the exam, and a procedure for employers seeking a pre-activation determination for a reciprocity training waiver. The rules shall provide that any eligible person previously trained as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver:

(1) a training program or set of coursework approved by the Board on the laws of this State relevant to the duties and training requirements of law enforcement and county correctional officers;

(2) firearms training; and

(3) successful passage of the equivalency certification examination.

The employing agency may seek an extension waiver from the Board extending the period for compliance. An extension waiver shall be issued only for good and justifiable reasons, and the probationary part-time law enforcement officer may not practice as a part-time law enforcement officer during the extension waiver period. If training is required and not completed within the applicable time period, as extended by any waiver that may be granted, then the officer must forfeit the officer's position.

An individual who is not certified by the Board or whose certified status is inactive shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer by an agency, or be authorized to carry firearms under the authority of the employer, except that sheriffs who are elected are exempt from the requirement of certified status. Failure to be in accordance with this Act shall cause the officer to forfeit the officer's position.

(a-5) A part-time probationary law enforcement officer shall be allowed to complete 6 months of a part-time police training course and function as a law enforcement officer as permitted by this subsection with a waiver from the Board, provided the part-time law enforcement officer is still enrolled in the training course. If the part-time probationary law enforcement officer withdraws from the course for any reason or does not complete the course within the applicable time period, as extended by any waiver that may be granted, then the officer must forfeit the officer's position. A probationary law enforcement officer must function under the following rules:

(1) A law enforcement agency may not grant a person status as a law enforcement officer unless the person has been granted an active law enforcement officer certification by the Board.

(2) A part-time probationary law enforcement officer shall not be used as a permanent replacement for a full-time law enforcement officer.

(3) A part-time probationary law enforcement officer shall be directly supervised at all times by a Board-certified law enforcement officer. Direct supervision requires oversight and control with the supervisor having final decision-making authority as to the actions of the recruit during duty hours.

(b) Inactive status. A person who has an inactive law enforcement officer certification has no law enforcement authority.

(1) A law enforcement officer's certification becomes inactive upon termination, resignation, retirement, or separation from the employing agency for any reason. The Board shall reactivate a certification upon written application from the law enforcement officer's employing agency that shows the law enforcement officer: (i) has accepted a part-time law enforcement position with that a law enforcement agency, (ii) is not the subject of a decertification proceeding, and (iii) meets all other criteria for reactivation required by the Board.

The Board may refuse to reactivate the certification of a law enforcement officer who was involuntarily terminated for good cause by the officer's employing agency for conduct subject to decertification under this Act or resigned or retired after receiving notice of a law enforcement agency's investigation.

(2) A law enforcement agency may place an officer who is currently certified on inactive status by sending a written request to the Board. A law enforcement officer whose certificate has been placed on inactive status shall not function as a law enforcement officer until the officer has completed any requirements for reactivating the certificate as required by the Board. A request for inactive status in this subsection shall be in writing, accompanied by verifying documentation, and shall be submitted to the Board by the law enforcement officer's employing agency.

(3) Certification that has become inactive under paragraph (2) of this subsection (b) shall be reactivated by written notice from the law enforcement officer's law enforcement agency upon a showing that the law enforcement officer is: (i) employed in a part-time law enforcement position with the same law enforcement agency, (ii) not the subject of a decertification proceeding, and (iii) meets all other criteria for reactivation required by the Board. The Board may also establish special training requirements to be completed as a condition for reactivation.

The Board shall review a notice for reactivation from a law enforcement agency and provide a response within 30 days. The Board may extend this review. A law enforcement officer shall be allowed to be employed as a part-time law enforcement officer while the law enforcement officer reactivation waiver is under review.

A law enforcement officer who is refused reactivation or an employing agency of a law enforcement officer who is refused reactivation under this Section may request a hearing in accordance with the hearing procedures as outlined in subsection (h) of Section 6.3 of this Act.

(4) Notwithstanding paragraph (3) of this Section, a law enforcement officer whose certification has become inactive under paragraph (2) may have the officer's employing agency submit a request for a waiver of training requirements to the Board in writing and accompanied by any verifying documentation. A grant of a waiver is within the discretion of the Board. Within 7 days of receiving a request for a waiver under this section, the Board shall notify the law enforcement officer and the chief administrator of the law enforcement officer's employing agency, whether the request has been granted, denied, or if the Board will take additional time for information. A law enforcement agency or law enforcement officer, whose request for a waiver under this subsection is denied, is entitled to request a review of the denial by the Board. The law enforcement agency must request a review within 20 days after the waiver being denied. The burden of proof shall be on the law enforcement agency to show why the law enforcement officer is entitled to a waiver of the legislatively required training and eligibility requirements.

(c) The part-time police training course referred to in this Section shall be of similar content and the same number of hours as the courses for full-time officers and shall be provided by Mobile Team In-Service Training Units under the Intergovernmental Law Enforcement Officer's In-Service Training Act or by another approved program or facility in a manner prescribed by the Board.

(d) Within 14 days, a law enforcement officer shall report to the Board: (1) any name change; (2) any change in employment; or (3) the filing of any criminal indictment or charges against the officer alleging that the officer committed any offense as enumerated in Section 6.1 of this Act.

(e) All law enforcement officers must report the completion of the training requirements required in this Act in compliance with Section 8.4 of this Act.

(e-1) Each employing agency shall allow and provide an opportunity for a law enforcement officer to complete the requirements in this Act. All mandated training shall be provided for at no cost to the employees. Employees shall be paid for all time spent attending mandated training.

(e-2) Each agency, academy, or training provider shall maintain proof of a law enforcement officer's completion of legislatively required training in a format designated by the Board. The report of training shall be submitted to the Board within 30 days following completion of the training. A copy of the report shall be submitted to the law enforcement officer. Upon receipt of a properly completed report of training, the Board will make the appropriate entry into the training records of the law enforcement officer.

(f) For the purposes of this Section, the Board shall adopt rules defining what constitutes employment on a part-time basis.

(g) Notwithstanding any provision of law to the contrary, the changes made to this Section by Public Act 102-694 and Public Act 101-652 take effect July 1, 2022.

(h) This Section does not apply to elected county sheriffs.

(Source: P.A. 103-389, eff. 1-1-24; 104-417, eff. 8-15-25.)

(50 ILCS 705/8.3)

Sec. 8.3. Emergency order of suspension.

(a) The Board, upon being notified that a law enforcement officer has been arrested or indicted on any felony charge or charges, may immediately suspend the law enforcement officer's certification for a term specified by the Board to begin no sooner than the date of the violation. The Board shall also notify the sheriff or chief executive officer administrator of the any law enforcement agency currently employing the officer. The Board shall have authority to dissolve an emergency order of suspension at any time for any reason.

(a-5) The Board may consider the following factors in determining the term of an emergency order of a suspension:

(1) the seriousness of the conduct resulting in the arrest;

(2) whether the offense contains an element of actual or threatened bodily injury or coerce against another person;

(3) the law enforcement officer's previous arrests;

(4) the law enforcement officer's previous certification suspensions;

(5) actual or potential harm to public safety; and

(6) rebuttal evidence regarding mitigating factors.

(b) Notice of the immediate suspension shall be served on the law enforcement officer, the sheriff or employing agency, and the chief executive of the employing agency within 7 days, and the notice must state the reason for suspension within seven days. The law enforcement officer shall be served by personal delivery, by certified mail at their address of record, or by a trackable courier service with signature requirement.

(c) Upon service of the notice, the law enforcement officer or the law enforcement officer's employing agency shall have 30 days to request a hearing with to be heard by the Panel to review an emergency order of suspension. The hearing, if requested by the officer, shall follow the hearing procedures as outlined in subsection (h) of Section 6.3 of this Act. At In the hearing, the written communication and any other evidence obtained therewith may be introduced as evidence against the law enforcement officer; provided however, the law enforcement officer, or their counsel, shall have the opportunity to discredit, impeach and submit evidence rebutting such evidence to explain why the officer's certification should not be suspended or why the suspension should be shortened. The law enforcement officer may also present mitigating any rebuttal evidence in rebuttal of mitigating factors.

(d) At the conclusion of the hearing, the administrative law judge shall provide a recommendation to the Panel regarding whether the emergency order of suspension should remain in place, be amended, or be rescinded. The Panel shall review the recommendation from the administrative law judge regarding the suspension, and if the Panel finds that the proof is evident or the presumption great that the officer has committed the offense charged, the Panel may can sustain or reduce the length of the suspension. If the Panel does not find that the proof is evident or the presumption great that the officer has committed the offense charged, the Panel may rescind the emergency order of can reverse the suspension.

If the law enforcement officer does not request to be heard or does not appear, the Panel may hold the hearing in the officer's absence. The law enforcement officer and the employing agency shall be notified of the Panel's decision of the Panel within 7 days. The law enforcement officer may request to suspend the hearing until after the officer's criminal trial has occurred, however the suspension will remain intact until the hearing.

(e) Findings and conclusions made by the administrative law judge or the Panel based on evidence presented at a in hearing related to for an emergency order of suspension shall not be binding on any party in any subsequent proceeding under this Act.

(f) A Panel member acting in good faith, and not in a willful and wanton manner, in accordance with this Section, shall not, as a result of such actions, be subject to criminal prosecution or civil damages, including, but not limited to, lost wages.

(g) 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.)

(50 ILCS 705/9.2)

Sec. 9.2. Officer professional conduct database; transparency.

(a) A All law enforcement agency, including agencies and the Illinois State Police, shall notify the Board of any final determination of a sustained willful violation of department, agency, or the Illinois State Police policy that includes assault, sexual assault, bribery, coercion, fraud, theft, untruthfulness, bias, or excessive force. A law enforcement agency and the Illinois State Police shall notify the Board of a sustained willful violation of a department, agency, or Illinois State Police policy if the conduct constitutes a significant abuse of the public trust, if the conduct reflects an unfitness to serve, or if the conduct is covered by Section 6.3 and results in a suspension of at least 10 days. The notification shall occur no later than 10 days after a final determination and final exhaustion of any administrative appeal or challenge to discipline under a collective bargaining agreement. , official misconduct, or violation of law within 10 days when:

(a-5) A law enforcement agency and the Illinois State Police shall notify the Board when an officer is discharged or dismissed because of a sustained violation of a department, agency, or Illinois State Police policy that includes assault, sexual assault, bribery, coercion, fraud, theft, untruthfulness, bias, excessive force, conduct that constitutes a significant abuse of the public trust, or reflects an unfitness to serve, or any other conduct covered by Section 6.3. The agency shall provide information regarding the nature of the violation. The notification shall occur as soon as the officer is discharged or dismissed.

(a-10) If a law enforcement officer has been served notice that the officer is the accused in an ongoing disciplinary investigation and if the officer resigns or retires before the investigation is concluded or terminated, the law enforcement agency, including the Illinois State Police, shall notify the Board as soon as the officer resigns or retires if the conduct that is the subject of the ongoing disciplinary investigation:

(1) would trigger a notice of alleged violation under 6.3 of this Act or automatic decertification under 6.2a of this Act;

(2) constitutes a significant abuse of the public trust or reflects an unfitness to serve; or

(3) involves an allegation that the law enforcement officer committed perjury, intentionally made a false statement, or knowingly tampered with or fabricated evidence.

(1) the determination leads to a suspension of at least 10 days;

(2) any infraction that would trigger an official or formal investigation under a law enforcement agency or the Illinois State Police policy;

(3) there is an allegation of misconduct or regarding truthfulness as to a material fact, bias, or integrity; or

(4) the officer resigns or retires during the course of an investigation and the officer has been served notice that the officer is under investigation.

Nothing in this Section prohibits law enforcement agencies Agencies and the Illinois State Police from truthfully and accurately reporting may report to another agency the Board any conduct they deem appropriate to disseminate to another law enforcement agency regarding a law enforcement officer.

The agency or the Illinois State Police shall report to the Board within 10 days of a final determination and final exhaustion of any administrative appeal, or the law enforcement officer's resignation or retirement, and shall provide information regarding the nature of the violation. This notification shall not necessarily trigger certification review.

A law enforcement agency and the Illinois State Police shall be immune from liability for a disclosure made as described in this subsection, unless the disclosure would constitute intentional misrepresentation or gross negligence.

(b) Within 14 days after receiving notification from a law enforcement agency or the Illinois State Police, the Board must notify the law enforcement officer of the report and the officer's right to provide a statement regarding the reported violation. The law enforcement officer shall be served by personal delivery, by certified mail at their address of record, or by a trackable courier service with signature requirement. The law enforcement officer shall have 14 days from receiving notice to provide a written objection contesting information included in the agency's report. The objection must be filed with the Board on a form prescribed by the Board, and a copy must be served on the law enforcement agency. The objection shall remain in the database with the reported violation.

(1) After the Board receives an objection from a law enforcement officer, the Board must request a response from the law enforcement agency. The law enforcement agency may choose to maintain, amend, or rescind the report.

(2) A report sustained by the law enforcement agency shall remain in the database and be accompanied by the objection filed by the officer. A report amended by the filing law enforcement agency shall be updated by the Board. A report that has been rescinded by the agency shall be removed from the Officer Professional Conduct Database. The Board shall not use a rescinded report for reactivation decisions.

(3) At any time, the Board may add additional information submitted by a law enforcement officer regarding newly discovered evidence or a new decision from an appeal or challenge to discipline pursuant to a collective bargaining agreement. A law enforcement agency may also request the retraction of a report that was made in error.

(c) The Board shall maintain a database readily available to any chief executive administrative officer of a law enforcement agency, a sheriff, or the officer's designee of a sheriff or chief executive officer , of a law enforcement agency and to the Illinois State Police, which that shall show for each law enforcement officer: (i) dates of certification, decertification, and inactive status; (ii) any information submitted under subsections (a), (b), and (c) of Section 9.2 each sustained instance of departmental misconduct that lead to a suspension at least 10 days or any infraction that would trigger an official or formal investigation under the law enforcement agency policy, any allegation of misconduct regarding truthfulness as to a material fact, bias, or integrity, or any other reported violation, the nature of the violation, the reason for the final decision of discharge or dismissal, and any statement provided by the officer; (iii) date of separation from employment from any local or state law enforcement agency; and (iv) the reason for separation from employment, including, but not limited to: whether the separation was based on misconduct or occurred while the law enforcement agency was conducting an investigation of the certified individual for a violation of an employing agency's rules, policy or procedure or other misconduct or improper action. This database shall be known as the Officer Professional Conduct Database.

(1) This database shall also be accessible to the State's Attorney of any county in this State and the Attorney General for the purpose of complying with obligations under Brady v. Maryland (373 U.S. 83) or Giglio v. United States (405 U.S. 150). This database shall also be accessible to the sheriff or chief executive administrative officer of any law enforcement agency for the purposes of hiring law enforcement officers. This database shall not be accessible to anyone not listed in this subsection.

(2) Before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in this State, the chief administrative officer or designee must check the Officer Professional Conduct Database, contact each person's previous law enforcement employers, and document the contact. This documentation must be available for review by the Board for a minimum of five years after the law enforcement officer's termination, retirement, resignation or separation with that agency.

(3) The database, documents, materials, or other information in the possession or control of the Board that are obtained by or disclosed to the Board under this subsection shall be confidential by law and privileged, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action when sought from the Board. However, the Board is authorized to use such documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the Board's official duties. The Board shall not disclose the database or make such documents, materials, or other information it has obtained or that has been disclosed to it to the public. Neither the Board nor any person who received documents, materials or other information shared under this subsection shall be required to testify in any private civil action concerning the database or any confidential documents, materials, or information subject to this subsection. Unless compelled by law, persons and entities with access to this database shall not further disclose to any other person or entity any information gathered from the database.

(d) (Blank). The Board shall maintain a searchable database of law enforcement officers accessible to the public that shall include: (i) the law enforcement officer's employing agency; (ii) the date of the officer's initial certification and the officer's current certification status; and (iii) any sustained complaint of misconduct that resulted in decertification and the date thereof; provided, however, that information shall not be included in the database that would allow the public to ascertain the home address of an officer or another person; provided further, that information regarding an officer's or another person's family member shall not be included in the database. The Board shall make the database publicly available on its website.

(e) (Blank). The Board shall maintain a searchable database of all completed investigations against law enforcement officers related to decertification. The database shall identify each law enforcement officer by a confidential and anonymous number and include: (i) the law enforcement officer's employing agency; (ii) the date of the incident referenced in the complaint; (iii) the location of the incident; (iv) the race and ethnicity of each officer involved in the incident; (v) the age, gender, race and ethnicity of each person involved in the incident, if known; (vi) whether a person in the complaint, including a law enforcement officer, was injured, received emergency medical care, was hospitalized or died as a result of the incident; (vii) the law enforcement agency or other entity assigned to conduct an investigation of the incident; (viii) when the investigation was completed; (ix) whether the complaint was sustained; and (x) the type of misconduct investigated; provided, however, that the Board shall redact or withhold such information as necessary to prevent the disclosure of the identity of an officer. The Board shall make the database publicly available on its website.

(e-1) (Blank). An investigation is complete when the investigation has either been terminated or the decertification action, including the administrative review process, has been completed, whichever is later.

(e-2) (Blank). At any time, a law enforcement officer shall have access to the law enforcement officer's own records on file with the Board, as it pertains to the databases in this Section.

(f) (Blank). Annual report. The Board shall submit an annual report to the Governor, Attorney General, President and Minority Leader of the Senate, and the Speaker and Minority Leader of the House of Representatives on or before March 1, 2023, and every year thereafter indicating:

(1) the number of complaints received in the preceding calendar year, including but not limited to the race, gender, and type of discretionary decertification complaints received;

(2) the number of investigations initiated in the preceding calendar year since the date of the last report;

(3) the number of investigations concluded in the preceding calendar year;

(4) the number of investigations pending as of the last date of the preceding calendar year;

(5) the number of hearings held in the preceding calendar year; and

(6) the number of officers decertified in the preceding calendar year.

The annual report shall be publicly available on the website of the Board.

(g) Nothing in this Section shall exempt a law enforcement agency from which the Board has obtained data, documents, materials, or other information or that has disclosed data, documents, materials, or other information to the Board from disclosing public records in accordance with the Freedom of Information Act.

(h) 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.

(i) The Board shall maintain a means of contact, by telephone and email, for law enforcement agencies to receive timely answers to inquiries regarding submission to the database. The Board shall develop and implement an online, computer-based training program that must be completed by the chief executive officer and one or more law enforcement agency employees responsible for submissions to the database to educate the chief executive officer and designated employees about the database and required submissions to the database.

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

(50 ILCS 705/9.3 new)

Sec. 9.3. Officer professional conduct public database

(a) The Board shall maintain a database of law enforcement officers accessible to the public that shall include: (i) the law enforcement officer's employing agency; (ii) the date of the officer's initial certification and the officer's current certification status; and (iii) any sustained complaint of misconduct that resulted in decertification and the date thereof; provided, however, that information shall not be included in the database that would allow the public to ascertain the home address of an officer or another person; provided further, that information regarding an officer's or another person's family member shall not be included in the database. The Board shall make the database publicly available on its website. The public database shall be searchable and exportable in a machine-readable format.

The Board shall maintain a database of all completed investigations against law enforcement officers related to decertification. For all complaints, the database shall include: (i) the law enforcement officer's employing agency; (ii) the date of the incident referenced in the complaint; (iii) the location of the incident; (iv) the age, gender, race, and ethnicity of each officer involved in the incident; (v) the age, gender, race and ethnicity of each person involved in the incident, if known; (vi) whether a person in the complaint, including a law enforcement officer, was injured, received emergency medical care, was hospitalized, or died as a result of the incident; (vii) the law enforcement agency or other entity assigned to conduct an investigation of the incident; (viii) when the investigation was completed; (ix) whether the complaint was sustained; (x) the type of misconduct investigated; (xi) whether the officer was employed on a full-time or part-time basis; and (xii) the hiring and separation dates of the officer. The final order and the Panel's disposition recommendation shall also be published on the Board's website. However, the Board shall redact or withhold such information as necessary to prevent the disclosure only for any one or more of the following purposes:

(1) to remove personal data or information, such as a home address, telephone number, email address, social media identifiers or identities of family members, other than the names and employers of law enforcement officers;

(2) to preserve the anonymity of complainants and witnesses;

(3) to protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about misconduct and serious use of force by peace officers and custodial officers; and

(4) to protect the physical safety or well-being of a peace officer, custodial officer, or other person when there is a reasonable basis to believe that disclosure of the record would pose a significant danger to the physical safety or well-being of the peace officer, custodial officer, or other person.

(b) An investigation is complete when the investigation has either been terminated or the decertification action, including the administrative review process, has been completed, whichever is later.

(c) At any time, a law enforcement officer shall have access to the law enforcement officer's own records on file with the Board, as it pertains to the databases in this Section.

(d) A law enforcement agency and the Illinois State Police shall be immune from liability for a disclosure made under this Section, unless the disclosure would constitute intentional misrepresentation or gross negligence.

Section 99. Effective date. This Act takes effect upon becoming law.