SB1953 104TH GENERAL ASSEMBLY

LRB104 12056 RTM 22151 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1953

Introduced 2/6/2025, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

50 ILCS 705/6.1
55 ILCS 5/3-8002	from Ch. 34, par. 3-8002

Amends the Illinois Police Training Act. Provides that no law enforcement agency shall make an offer of employment for the position of probationary police officer, probationary part-time police officer, full-time law enforcement officer, or part-time law enforcement officer without requiring the execution of a signed release from the applicant, directing any and all entities that previously employed the individual to produce or make available for inspection all employment records, including background investigation materials collected in connection with making an offer of employment, duty-related physical and psychological fitness-for-duty examinations, work performance records, criminal, civil, or administrative investigations of conduct, arrests, convictions, findings of guilt, pleas of guilty, or pleas of nolo contendere. Provides that, with specified exceptions, all records shall be produced without any redaction and no nondisclosure, separation, or settlement agreement shall prevent the production of these records. Provides that the provisions do not apply to the extent that they would impair an existing collective bargaining agreement. Sets forth provisions concerning: (i) the procedures for requesting employment records; (ii) the deadlines for providing the records; (iii) the penalties for failing to produce the records in accordance with the provisions; and (iv) an example of an acceptable release form. Requires the receipt of a written release for an entity to have immunity for the release of information. Makes other changes to immunity-related provisions. Amends the Sheriff's Merit System Law of the Counties Code. Provides that the county board of any county having a population of at least 75,000 must adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Provides that the county board of any county having a population of less than 75,000 (rather than 1,000,000) which does not have a merit board or merit commission for sheriff's personnel may adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Makes other and conforming changes.

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 Section 6.1 as follows:

(50 ILCS 705/6.1)

Sec. 6.1. Automatic decertification of full-time and part-time law enforcement officers.

(a) The Board must review law enforcement officer conduct and records to ensure that no law enforcement officer is certified or provided a valid waiver if that law enforcement officer has been convicted of, found guilty of, entered a plea of guilty to, or entered a plea of nolo contendere to, a felony offense under the laws of this State or any other state which if committed in this State would be punishable as a felony. The Board must also ensure that no law enforcement officer is certified or provided a valid waiver if that law enforcement officer has been convicted of, found guilty of, or entered a plea of guilty to, on or after January 1, 2022 (the effective date of Public Act 101-652) of any misdemeanor specified in this Section or if committed in any other state would be an offense similar to Section 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 to Section 5 or 5.2 of the Cannabis Control Act, 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 must appoint investigators to enforce the duties conferred upon the Board by this Act.

(a-1) For purposes of this Section, a person is "convicted of, or entered a plea of guilty to, plea of nolo contendere to, found guilty of" 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.

(b) It is the responsibility of the sheriff or the chief executive officer of every law enforcement agency or department within this State to report to the Board any arrest, conviction, finding of guilt, plea of guilty, or plea of nolo contendere to, of any officer for an offense identified in this Section, 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.

(c) It is the duty and responsibility of every full-time and part-time law enforcement officer in this State to report to the Board within 14 days, and the officer's sheriff or chief executive officer, of the officer's arrest, conviction, found guilty of, or plea of guilty for an offense identified in this Section. Any full-time or part-time law enforcement officer who knowingly makes, submits, causes to be submitted, or files a false or untruthful report to the Board must have the officer's certificate or waiver immediately decertified or revoked.

(d) The Board and any Any person, or a local or State agency, sheriff, police chief, county, municipality, private business or corporation, or other person the Board is immune from suit or liability for submitting, disclosing, or releasing information of employment records, including background investigations materials collected in connection with making an offer of employment, duty-related physical and psychological fitness-for-duty examinations, work performance records, criminal, civil, or administrative investigations of conduct, arrests, convictions, findings of guilt, or pleas of guilty, or pleas of nolo contendere under in this Section upon receiving a written release for those records executed and presented in accordance with this Section, as long as the information is submitted, disclosed, or released in good faith and without malice. The Board has qualified immunity for the release of the information.

(1) No law enforcement agency shall make an offer of employment for the position of probationary police officer, probationary part-time police officer, full-time law enforcement officer, or part-time law enforcement officer without requiring the execution of a signed release from the applicant, presented in accordance with this subsection, directing any and all entities that previously employed the individual to produce or make available for inspection all employment records, including background investigations materials collected in connection with making an offer of employment, duty-related physical and psychological fitness-for-duty examinations, work performance records, criminal, civil, or administrative investigations of conduct, arrests, convictions, findings of guilt, pleas of guilty, or pleas of nolo contendere.

(2) Any law enforcement agency or other previous employer that receives a signed request for the records of any current or former employee, as described in subparagraph (1), shall produce those records to the requesting law enforcement agency within 14 days after receipt of that request. If additional time is required for production of the requested records, the producing law enforcement agency or other previous employer may advise the requesting law enforcement agency that an extension of up to 14 days is required. The producing law enforcement agency shall also execute and provide a signed verification that indicates all responsive records have been provided and that no known records have been intentionally withheld. The producing law enforcement agency or other previous employer must also certify in writing that it is not aware of any other credible, verifiable, relevant, and material information regarding the applicant that would reflect negatively on the applicant's fitness for employment as an officer and that is not contained in the records produced.

(3) The requesting law enforcement agency or the Board may be required to pay the reasonable costs and expenses of the agency that is collecting and producing responsive records.

(4) With the exception of Social Security numbers, individual taxpayer-identification numbers, driver's license and state identification card numbers, financial account numbers, and debit and credit card numbers, all records referenced in subparagraph (1) shall be produced without any redaction, and no nondisclosure, separation, or settlement agreement shall prevent the production of these records. If some records have been sealed or otherwise protected by a court order, then the requesting agency shall be advised in writing so it can seek appropriate relief from the court that entered the sealing or nondisclosure order.

(5) If an entity required to produce records in accordance with this Section fails to produce the requested records, the requesting law enforcement agency may seek a court order to compel the production of those records. In addition to granting equitable relief, the circuit court may also award the requesting agency fees and costs, including reasonable attorney's fees incurred in seeking a court order.

(6) The requesting law enforcement agency shall receive and review all materials before making an offer of employment.

(7) The requirements of this Section are in addition to and not in lieu of the other investigations required under the Act.

(8) The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in collective bargaining agreements in effect on the effective date of this amendatory Act of the 104th General Assembly. A collective bargaining agreement that conflicts with this Section may not be entered into, modified, or extended on or after the effective date of this amendatory Act of the 104th General Assembly. These provisions also do not apply if the previous law enforcement employer has been provided with a directive and explanation, in writing, from the State's Attorney of the county in which the previous law enforcement employer is located that the previous law enforcement employer is not legally authorized to provide the requested information.

(9) The written release to be signed and executed by an applicant, directing any agency that previously employed the applicant to produce or make available for inspection all of the applicant's employment records, as required by this Section, may take the following form:

CONSENT AND RELEASE FOR BACKGROUND INVESTIGATION

Acknowledgment of Consent

I, [Applicant's Name], acknowledge that I am seeking employment in a safety-sensitive field and that establishing my employment eligibility requires a thorough investigation into my background and character.

Furthermore, I acknowledge and agree that as a condition of being considered for employment with [Prospective Employer's Name]_("employer"), or for maintaining my continued employment with the employer, it is required that I consent to a complete and thorough investigation of my background to determine whether I am a suitable candidate for the position of [Name of Job Title] with the employer.

Mandatory Background Investigation

I authorize the employer to conduct a background investigation of me, which shall include, but shall not be limited to, a:

(1) a review of my complete employment history;

(2) a review of my complete criminal history;

(3) a review of driving records;

(4) a background check with the Department of Children and Family Services;

(5) interviews with my personal references;

(6) a review of all internal investigation files from any previous employers;

(7) a verification of academic credentials and licenses;

(8) a review of my military service history, if any; and

(9) a review of Illinois Law Enforcement Training Standards Board's records and officer misconduct database.

Credit Check

I hereby consent to the employer obtaining and reviewing any credit and consumer reports, as permitted under the federal Fair Credit Reporting Act and local or state credit privacy laws, if applicable. I understand that the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq, authorizes me to request a copy of any consumer credit report from the consumer reporting agency that compiled the report.

Consent to Release of Information

I hereby consent to the release of all employment records, including, but not limited to:

(1) job applications;

(2) personnel files;

(3) internal investigations;

(4) separation agreements;

(5) pre-employment evaluations;

(6) tests;

(7) questionnaires;

(8) fitness-for-duty examinations; and

(9)_any other information obtained about me by the entity to whom this Consent is presented.

Consent to Required Interviews and Evaluations

I further agree to participate in a personal interview, testing process, polygraph examination, post-offer psychological evaluation and medical evaluation, or any combination of those examinations or tests, as determined by the employer.

Confidentiality

All information obtained by the employer under this background investigation shall be confidential and safeguarded against disclosure to all unauthorized persons as required by law. However, nothing prevents the employer from using the information obtained to evaluate my suitability for employment.

I specifically consent to the disclosure of information that may be covered by a settlement agreement or other confidentiality provision entered into with my former employers, and I waive any rights to enforce any prior confidentiality agreement against my former employer about this disclosure.

Waiver of Privacy

I waive any right or claim to privacy in such information and consent to the disclosure of information that may be exempt from disclosure by law.

I waive any right I may have to be notified by any individuals and organizations named in my application for employment before the release of any information to the employer, including the release of information concerning any disciplinary action taken against me by former employers.

Indemnification

In exchange for this release of all of my personnel information, I, agree to release, discharge, and hold harmless any person, firm, or entity and their employees and agents that disclose information in response to receipt of this consent, from any liability for all claims, liabilities, causes of action, known or unknown, fixed or contingent, that arise from or that are in any manner connected to the disclosure of any personal information as described above. I further release and hold harmless the employer and the employer's respective personnel, employees, and agents from any liability resulting from or in connection with, the results of this background investigation concerning my fitness for employment or continued employment at .or the decision to hire me, not to hire me, or retain me in my position.

Signature

I agree to electronically sign this document and certify that I have read, understand, and agree to the terms and conditions set forth in this document and that this is a complete waiver under Section 10 of Employment Record Disclosure Act.

Signature ...............................................

Printed Name.............................................

Social Security No.......................................

(e) Any full-time or part-time law enforcement officer with a certificate or waiver issued by the Board who is convicted of, found guilty of, or entered a plea of guilty to, or entered a plea of nolo contendere to any offense described in this Section immediately becomes decertified or no longer has a valid waiver. The decertification and invalidity of waivers occurs as a matter of law. Failure of a convicted person to report to the Board the officer's conviction as described in this Section or any continued law enforcement practice after receiving a conviction is a Class 4 felony.

For purposes of this Section, 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, including sentences of supervision, conditional discharge, first offender probation, or any similar disposition as provided for by law.

(f) The Board's investigators shall be law enforcement officers as defined in Section 2 of this Act. The Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn officer of a local, State, or federal law enforcement agency. An investigator shall not have been terminated for good cause, decertified, had his or her law enforcement license or certificate revoked in this or any other jurisdiction, or been convicted of any of the conduct listed in subsection (a). Any complaint filed against the Board's investigators shall be investigated by the Illinois State Police.

(g) The Board must request and receive information and assistance from any federal, state, local, or private enforcement agency as part of the authorized criminal background investigation. The Illinois State Police must process, retain, and additionally provide and disseminate information to the Board concerning criminal charges, arrests, convictions, and their disposition, that have been filed against a basic academy applicant, law enforcement applicant, or law enforcement officer whose fingerprint identification cards are on file or maintained by the Illinois State Police. The Federal Bureau of Investigation must provide the Board any criminal history record information contained in its files pertaining to law enforcement officers or any applicant to a Board-certified Board certified basic law enforcement academy as described in this Act based on fingerprint identification. The Board must make payment of fees to the Illinois State Police for each fingerprint card submission in conformance with the requirements of paragraph 22 of Section 55a of the Civil Administrative Code of Illinois.

(g-5) Notwithstanding any provision of law to the contrary, the changes to this Section made by this amendatory Act of the 102nd General Assembly and Public Act 101-652 shall apply prospectively only from July 1, 2022.

(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)

Section 10. The Counties Code is amended by changing Section 3-8002 as follows:

(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002)

Sec. 3-8002. Applicability and adoption. The county board of every county having a county police department merit board established under the County Police Department Act (repealed) or a merit commission for sheriff's personnel established under Section 58.1 of "An Act to revise the law in relation to counties", approved March 31, 1874, as amended (repealed), shall adopt and implement the merit system provided by this Division and shall modify the merit system now in effect in that county as may be necessary to comply with this Division.

The county board of any county having a population of at least 75,000 less than 1,000,000 which does not have a merit board or merit commission for sheriff's personnel must may adopt and implement by ordinance the merit system provided by this Division. For counties with a population of less than 75,000, if If the county board does not adopt such a merit system by an ordinance and if a petition signed by not fewer than 5% or 1000, whichever is less, of the registered electors of any such county is filed with the county clerk requesting a referendum on the adoption of a merit system for deputies in the office of the Sheriff, the county board shall, by appropriate ordinance, cause the question to be submitted to the electors of the county, at a special or general election specified in such ordinance, in accordance with the provisions of Section 28-3 of the Election Code. Notice of the election shall be given as provided in Article 12 of that Code. If a majority of those voting on the proposition at such election vote in favor thereof, the county board shall adopt and implement a merit system provided in this Division. When a merit board or merit commission for sheriff's personnel has been established in a county, it may be abolished by the same procedure in which it was established.

This Division does not apply to any county having a population of more than 1,000,000 nor to any county which has not elected to adopt the merit system provided by this Division and which is not required to do so under this Section.

(Source: P.A. 103-605, eff. 7-1-24.)