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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Police Training Act is amended by | ||||||
5 | changing Sections 6, 6.1, 8.1, and 10.2 as follows:
| ||||||
6 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
7 | Sec. 6. Powers and duties of the Board; selection and | ||||||
8 | certification of schools. The Board shall select
and certify | ||||||
9 | schools within the State of
Illinois for the purpose of | ||||||
10 | providing basic training for probationary
police officers, | ||||||
11 | probationary county corrections officers, and
court security | ||||||
12 | officers and
of providing advanced or in-service training for | ||||||
13 | permanent police officers
or permanent
county corrections | ||||||
14 | officers, which schools may be either publicly or
privately | ||||||
15 | owned and operated. In addition, the Board has the following
| ||||||
16 | power and duties:
| ||||||
17 | a. To require local governmental units to furnish such | ||||||
18 | reports and
information as the Board deems necessary to | ||||||
19 | fully implement this Act.
| ||||||
20 | b. To establish appropriate mandatory minimum | ||||||
21 | standards
relating to the training of probationary local | ||||||
22 | law enforcement officers
or probationary county | ||||||
23 | corrections officers, and in-service training of permanent |
| |||||||
| |||||||
1 | police officers.
| ||||||
2 | c. To provide appropriate certification to those | ||||||
3 | probationary
officers who successfully complete the | ||||||
4 | prescribed minimum standard basic
training course.
| ||||||
5 | d. To review and approve annual training curriculum for | ||||||
6 | county sheriffs.
| ||||||
7 | e. To review and approve applicants to ensure that no | ||||||
8 | applicant is admitted
to a certified academy unless the | ||||||
9 | applicant is a person of good character
and has not been | ||||||
10 | convicted of , or entered a plea of guilty to, a felony | ||||||
11 | offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||||||
12 | 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, | ||||||
13 | 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | ||||||
14 | Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
15 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
17 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
19 | the Cannabis Control Act, or a crime involving
moral
| ||||||
20 | turpitude under the laws of this State or any other state | ||||||
21 | which if
committed in this State would be punishable as a | ||||||
22 | felony or a crime of
moral turpitude. The Board may appoint | ||||||
23 | investigators who shall enforce
the duties conferred upon | ||||||
24 | the Board by this Act.
| ||||||
25 | (Source: P.A. 99-352, eff. 1-1-16 .)
|
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| |||||||
1 | (50 ILCS 705/6.1)
| ||||||
2 | Sec. 6.1. Decertification of full-time and part-time | ||||||
3 | police officers.
| ||||||
4 | (a) The Board must review police officer conduct and | ||||||
5 | records to ensure that
no
police officer is certified
or | ||||||
6 | provided a valid waiver if that police officer has been | ||||||
7 | convicted of , or entered a plea of guilty to, a
felony offense | ||||||
8 | under the laws of this
State or any other state which if | ||||||
9 | committed in this State would be punishable
as a felony. The | ||||||
10 | Board must also
ensure that no police officer is certified or | ||||||
11 | provided a valid waiver if that
police officer has been | ||||||
12 | convicted of, or entered a plea of guilty to, on or
after the | ||||||
13 | effective date of this amendatory Act of 1999 of any | ||||||
14 | misdemeanor
specified in this Section or if
committed in any | ||||||
15 | other state would be an offense similar to Section 11-1.50, | ||||||
16 | 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, | ||||||
17 | 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
| ||||||
18 | Criminal
Code of 1961 or the Criminal Code of 2012, to | ||||||
19 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
21 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||||||
23 | Cannabis Control Act. The Board must appoint investigators to
| ||||||
24 | enforce the duties conferred upon the
Board by this Act.
| ||||||
25 | (b) It is the responsibility of the sheriff or the chief | ||||||
26 | executive officer
of every local law enforcement
agency or |
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| |||||||
1 | department within this State to report to the Board any arrest , | ||||||
2 | or
conviction , or plea of guilty of any officer for an
offense | ||||||
3 | identified in this Section.
| ||||||
4 | (c) It is the duty and responsibility of every full-time | ||||||
5 | and part-time
police officer in this State to report to
the | ||||||
6 | Board within 30 days, and the officer's sheriff or chief | ||||||
7 | executive officer,
of his or her arrest , or conviction , or plea | ||||||
8 | of guilty for
an offense identified in this Section. Any | ||||||
9 | full-time or part-time police
officer who knowingly makes, | ||||||
10 | submits,
causes to be submitted, or files a false or untruthful | ||||||
11 | report to the Board must
have his or her certificate or waiver
| ||||||
12 | immediately decertified or revoked.
| ||||||
13 | (d) Any person, or a local or State agency, or the Board is | ||||||
14 | immune from
liability for submitting,
disclosing, or releasing | ||||||
15 | information of arrests , or convictions , or pleas of guilty in | ||||||
16 | this Section
as long as the information is
submitted, | ||||||
17 | disclosed, or released in good faith and without malice. The | ||||||
18 | Board
has qualified immunity for the
release of the | ||||||
19 | information.
| ||||||
20 | (e) Any full-time or part-time police officer with a | ||||||
21 | certificate or waiver
issued by the Board who is
convicted of , | ||||||
22 | or entered a plea of guilty to, any offense described in this | ||||||
23 | Section immediately becomes
decertified or no longer has a | ||||||
24 | valid
waiver. The decertification and invalidity of waivers | ||||||
25 | occurs as a matter of
law. Failure of a convicted person to
| ||||||
26 | report to the Board his or her conviction as described in this |
| |||||||
| |||||||
1 | Section or any
continued law enforcement practice
after | ||||||
2 | receiving a conviction is a Class 4 felony.
| ||||||
3 | (f) The Board's investigators are peace officers and have | ||||||
4 | all the powers
possessed by policemen in cities
and by | ||||||
5 | sheriff's, and these provided that the investigators may | ||||||
6 | exercise those powers
anywhere in the State , only after
contact | ||||||
7 | and cooperation with the appropriate local law enforcement | ||||||
8 | authorities .
An investigator shall not have peace officer | ||||||
9 | status or exercise police powers unless he or she successfully | ||||||
10 | completes the basic police training course mandated and | ||||||
11 | approved by the Board or the Board waives the training | ||||||
12 | requirement by reason of the investigator's prior law | ||||||
13 | enforcement experience, training, or both. The Board shall not | ||||||
14 | waive the training requirement unless the investigator has had | ||||||
15 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
16 | State, or federal law enforcement agency.
| ||||||
17 | (g) The Board must request and receive information and | ||||||
18 | assistance from any
federal, state, or local
governmental | ||||||
19 | agency as part of the authorized criminal background
| ||||||
20 | investigation. The Department of State Police must process, | ||||||
21 | retain, and
additionally
provide
and disseminate information | ||||||
22 | to the Board concerning criminal charges, arrests,
| ||||||
23 | convictions, and their disposition, that have
been filed | ||||||
24 | before, on, or after the effective date of this amendatory Act | ||||||
25 | of
the 91st General Assembly against a basic academy applicant, | ||||||
26 | law enforcement
applicant, or law enforcement officer whose |
| |||||||
| |||||||
1 | fingerprint identification cards
are on file or maintained by | ||||||
2 | the Department of State Police. The Federal
Bureau
of
| ||||||
3 | Investigation must provide the Board any criminal history | ||||||
4 | record information
contained in its files pertaining to law
| ||||||
5 | enforcement officers or any applicant to a Board certified | ||||||
6 | basic law
enforcement academy as described in this Act
based on | ||||||
7 | fingerprint identification. The Board must make payment of fees | ||||||
8 | to the
Department of State Police for each
fingerprint card | ||||||
9 | submission in conformance with the requirements of paragraph
22 | ||||||
10 | of Section 55a of the Civil
Administrative Code of Illinois.
| ||||||
11 | (h) A police officer who has been certified or granted a | ||||||
12 | valid waiver
shall
also be decertified or have his or her | ||||||
13 | waiver revoked upon a determination by
the Illinois Labor | ||||||
14 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
15 | has knowingly and willfully made false statements
as
to a | ||||||
16 | material fact going to an element of the offense of murder. If | ||||||
17 | an appeal
is filed, the determination shall be stayed.
| ||||||
18 | (1) In the case of an acquittal on a charge of murder, | ||||||
19 | a verified
complaint may be filed:
| ||||||
20 | (A) by the defendant; or
| ||||||
21 | (B) by a police officer with personal knowledge of | ||||||
22 | perjured
testimony.
| ||||||
23 | The complaint must allege that a police officer, while | ||||||
24 | under oath, knowingly
and
willfully made false statements | ||||||
25 | as to a material fact going to an element of
the
offense of | ||||||
26 | murder. The verified complaint must be filed with the |
| |||||||
| |||||||
1 | Executive
Director of the Illinois Law Enforcement | ||||||
2 | Training Standards Board within 2
years of the judgment of | ||||||
3 | acquittal.
| ||||||
4 | (2) Within 30 days, the Executive Director of the | ||||||
5 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
6 | review the verified complaint and determine whether the
| ||||||
7 | verified complaint is frivolous and without merit, or | ||||||
8 | whether further
investigation is
warranted. The Illinois | ||||||
9 | Law Enforcement Training Standards Board shall notify
the | ||||||
10 | officer and the Executive Director of the Illinois Labor | ||||||
11 | Relations Board
State Panel of the filing of the complaint | ||||||
12 | and any action taken thereon. If the
Executive Director of | ||||||
13 | the Illinois Law Enforcement Training
Standards Board | ||||||
14 | determines that the verified complaint is frivolous and | ||||||
15 | without
merit, it shall be dismissed. The Executive | ||||||
16 | Director of the Illinois Law
Enforcement Training | ||||||
17 | Standards Board has sole discretion to make this
| ||||||
18 | determination and this decision is not subject to appeal.
| ||||||
19 | (i) If the Executive Director of the Illinois Law | ||||||
20 | Enforcement Training
Standards Board determines that the | ||||||
21 | verified complaint warrants further
investigation, he or she | ||||||
22 | shall refer the matter to a task force of
investigators
created | ||||||
23 | for this purpose. This task force shall consist of 8 sworn | ||||||
24 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
25 | City of Chicago Police Department, 2
from county police | ||||||
26 | departments, and 2 from municipal police departments.
These |
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| |||||||
1 | investigators shall have a minimum of 5 years of experience in | ||||||
2 | conducting
criminal investigations. The investigators shall be | ||||||
3 | appointed by the Executive
Director of the Illinois Law | ||||||
4 | Enforcement Training Standards Board. Any officer
or officers | ||||||
5 | acting in this capacity pursuant to this statutory provision | ||||||
6 | will
have
statewide police authority while acting in this | ||||||
7 | investigative capacity. Their
salaries
and expenses for the | ||||||
8 | time spent conducting investigations under this paragraph
| ||||||
9 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
10 | Standards Board.
| ||||||
11 | (j) Once the Executive Director of the Illinois Law | ||||||
12 | Enforcement Training
Standards Board has determined that an | ||||||
13 | investigation is warranted, the verified
complaint shall be | ||||||
14 | assigned to an investigator or investigators. The
investigator
| ||||||
15 | or investigators shall conduct an investigation of the verified | ||||||
16 | complaint and
shall
write a report of his or her findings. This | ||||||
17 | report shall be submitted to the
Executive Director of the | ||||||
18 | Illinois Labor Relations Board State Panel.
| ||||||
19 | Within 30 days, the Executive Director of the Illinois | ||||||
20 | Labor Relations Board
State Panel
shall review the | ||||||
21 | investigative report and determine whether sufficient evidence
| ||||||
22 | exists to
conduct an evidentiary hearing on the verified | ||||||
23 | complaint. If the Executive
Director of the Illinois Labor | ||||||
24 | Relations Board State Panel determines upon his
or
her review | ||||||
25 | of the investigatory report that a hearing should not be | ||||||
26 | conducted,
the
complaint shall be dismissed. This decision is |
| |||||||
| |||||||
1 | in the Executive Director's sole
discretion, and this dismissal | ||||||
2 | may not be appealed.
| ||||||
3 | If the Executive Director of the Illinois Labor Relations | ||||||
4 | Board
State Panel
determines that there is sufficient evidence | ||||||
5 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
6 | verified complaint, to be conducted by an administrative law
| ||||||
7 | judge employed by the Illinois Labor Relations Board State | ||||||
8 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
9 | Board State Panel shall inform the
Executive Director of the | ||||||
10 | Illinois Law Enforcement Training Standards Board and
the | ||||||
11 | person who filed the complaint of either the dismissal of the | ||||||
12 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
13 | Executive Director shall assign the complaint to the
| ||||||
14 | administrative law judge within 30 days
of the
decision | ||||||
15 | granting a hearing.
| ||||||
16 | (k) In the case of a finding of guilt on the offense of | ||||||
17 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
18 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
19 | claim that a police officer, under oath, knowingly and
| ||||||
20 | willfully made false statements as to a material fact going to | ||||||
21 | an element of
the
offense of murder, the Illinois Labor | ||||||
22 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
23 | whether the officer should be decertified if an interested | ||||||
24 | party
requests such a hearing within 2 years of the court's | ||||||
25 | decision. The complaint
shall be assigned to an administrative | ||||||
26 | law judge within 30 days so that a
hearing can be scheduled.
|
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| |||||||
1 | At the hearing, the accused officer shall be afforded the | ||||||
2 | opportunity to:
| ||||||
3 | (1) Be represented by counsel of his or her own | ||||||
4 | choosing;
| ||||||
5 | (2) Be heard in his or her own defense;
| ||||||
6 | (3) Produce evidence in his or her defense;
| ||||||
7 | (4) Request that the Illinois Labor Relations Board | ||||||
8 | State Panel compel the
attendance of witnesses and | ||||||
9 | production of related documents including but not
limited | ||||||
10 | to court documents and records.
| ||||||
11 | Once a case has been set for hearing, the verified | ||||||
12 | complaint shall be
referred to the Department of Professional | ||||||
13 | Regulation. That office shall
prosecute the verified complaint | ||||||
14 | at the hearing before the administrative law
judge. The | ||||||
15 | Department of Professional Regulation shall have the | ||||||
16 | opportunity to
produce evidence to support the verified | ||||||
17 | complaint and to request the Illinois
Labor
Relations Board | ||||||
18 | State Panel to compel the attendance of witnesses and the
| ||||||
19 | production of related documents, including, but not limited to, | ||||||
20 | court documents
and records. The Illinois Labor Relations Board | ||||||
21 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
22 | the attendance of and testimony of witnesses and
the production | ||||||
23 | of related documents including, but not limited to, court
| ||||||
24 | documents and records and shall have the power to administer | ||||||
25 | oaths.
| ||||||
26 | The administrative law judge shall have the responsibility |
| |||||||
| |||||||
1 | of receiving into
evidence relevant testimony and documents, | ||||||
2 | including court records, to support
or disprove the allegations | ||||||
3 | made by the person filing the verified complaint
and,
at the | ||||||
4 | close of the case, hear arguments. If the administrative law | ||||||
5 | judge finds
that there is not clear and convincing evidence to | ||||||
6 | support the verified
complaint
that the police officer has, | ||||||
7 | while under oath, knowingly and willfully made
false
statements | ||||||
8 | as to a material fact going to an element of the offense of | ||||||
9 | murder,
the
administrative law judge shall make a written | ||||||
10 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
11 | Board State Panel. If the administrative law judge
finds
that | ||||||
12 | there is clear and convincing evidence that the police officer | ||||||
13 | has, while
under
oath, knowingly and willfully made false | ||||||
14 | statements as to a material fact that
goes to an element of the | ||||||
15 | offense of murder, the administrative law judge shall
make a | ||||||
16 | written recommendation so concluding to the Illinois Labor | ||||||
17 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
18 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
19 | Standards Board shall be
informed of the
administrative law | ||||||
20 | judge's recommended findings and decision and the Illinois
| ||||||
21 | Labor Relations Board State Panel's subsequent review of the | ||||||
22 | recommendation.
| ||||||
23 | (l) An officer named in any complaint filed pursuant to | ||||||
24 | this Act shall be
indemnified for his or her reasonable | ||||||
25 | attorney's fees and costs by his or her
employer. These fees | ||||||
26 | shall be paid in a regular and timely manner. The State,
upon |
| |||||||
| |||||||
1 | application by the public employer, shall reimburse the public | ||||||
2 | employer
for
the accused officer's reasonable attorney's fees | ||||||
3 | and costs. At no time and
under
no circumstances will the | ||||||
4 | accused officer be required to pay his or her own
reasonable | ||||||
5 | attorney's fees or costs.
| ||||||
6 | (m) The accused officer shall not be placed on unpaid | ||||||
7 | status because of
the filing or processing of the verified | ||||||
8 | complaint until there is a final
non-appealable order | ||||||
9 | sustaining his or her guilt and his or her certification
is
| ||||||
10 | revoked.
Nothing in this Act, however, restricts the public | ||||||
11 | employer from pursuing
discipline against the officer in the | ||||||
12 | normal course and under procedures then
in
place.
| ||||||
13 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
14 | review the
administrative law judge's recommended decision and | ||||||
15 | order and determine by a
majority vote whether or not there was | ||||||
16 | clear and convincing evidence that the
accused officer, while | ||||||
17 | under oath, knowingly and willfully made false
statements
as to | ||||||
18 | a material fact going to the offense of murder. Within 30 days | ||||||
19 | of service
of
the administrative law judge's recommended | ||||||
20 | decision and order, the parties may
file exceptions to the | ||||||
21 | recommended decision and order and briefs in support of
their | ||||||
22 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
23 | The
parties
may file responses to the exceptions and briefs in | ||||||
24 | support of the responses no
later than 15 days after the | ||||||
25 | service of the exceptions. If exceptions are filed
by
any of | ||||||
26 | the parties, the Illinois Labor Relations Board State Panel |
| |||||||
| |||||||
1 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
2 | or modify the recommended
decision and order. If the Illinois | ||||||
3 | Labor Relations Board State Panel concludes
that there is clear | ||||||
4 | and convincing evidence that the accused officer, while
under
| ||||||
5 | oath, knowingly and willfully made false statements as to a | ||||||
6 | material fact going
to
an element of the offense murder, the | ||||||
7 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
8 | Illinois Law Enforcement Training Standards Board and the
| ||||||
9 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
10 | the accused
officer's certification. If the accused officer | ||||||
11 | appeals that determination to
the
Appellate Court, as provided | ||||||
12 | by this Act, he or she may petition the Appellate
Court to stay | ||||||
13 | the revocation of his or her certification pending the court's
| ||||||
14 | review
of the matter.
| ||||||
15 | (o) None of the Illinois Labor Relations Board State | ||||||
16 | Panel's findings or
determinations shall set any precedent in | ||||||
17 | any of its decisions decided pursuant
to the Illinois Public | ||||||
18 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
19 | Panel or the courts.
| ||||||
20 | (p) A party aggrieved by the final order of the Illinois | ||||||
21 | Labor Relations
Board State Panel may apply for and obtain | ||||||
22 | judicial review of an order of the
Illinois Labor Relations | ||||||
23 | Board State Panel, in accordance with the provisions
of
the | ||||||
24 | Administrative Review Law, except that such judicial review | ||||||
25 | shall be
afforded
directly in the Appellate Court for the | ||||||
26 | district in which the accused officer
resides.
Any direct |
| |||||||
| |||||||
1 | appeal to the Appellate Court shall be filed within 35 days | ||||||
2 | from the
date that a copy of the decision sought to be reviewed | ||||||
3 | was served upon the
party
affected by the decision.
| ||||||
4 | (q) Interested parties. Only interested parties to the | ||||||
5 | criminal prosecution
in
which the police officer allegedly, | ||||||
6 | while under oath, knowingly and willfully
made
false statements | ||||||
7 | as to a material fact going to an element of the offense of
| ||||||
8 | murder may file a verified complaint pursuant to this Section. | ||||||
9 | For purposes of
this Section, "interested parties" shall be | ||||||
10 | limited to the defendant and any
police
officer who has | ||||||
11 | personal knowledge that the police officer who is the subject
| ||||||
12 | of
the complaint has, while under oath, knowingly and willfully | ||||||
13 | made false
statements
as
to a material fact going to an element | ||||||
14 | of the offense of murder.
| ||||||
15 | (r) Semi-annual reports. The Executive Director of the | ||||||
16 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
17 | reports to the Governor, President,
and
Minority Leader of the | ||||||
18 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
19 | Representatives beginning on June 30, 2004, indicating:
| ||||||
20 | (1) the number of verified complaints received since | ||||||
21 | the date of the
last
report;
| ||||||
22 | (2) the number of investigations initiated since the | ||||||
23 | date of the last
report;
| ||||||
24 | (3) the number of investigations concluded since the | ||||||
25 | date of the last
report;
| ||||||
26 | (4) the number of investigations pending as of the |
| |||||||
| |||||||
1 | reporting date;
| ||||||
2 | (5) the number of hearings held since the date of the | ||||||
3 | last report; and
| ||||||
4 | (6) the number of officers decertified since the date | ||||||
5 | of the last
report.
| ||||||
6 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
7 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
8 | Sec. 8.1. Full-time police and county corrections | ||||||
9 | officers.
| ||||||
10 | (a) After January 1, 1976, no person shall receive a | ||||||
11 | permanent
appointment as a law enforcement officer as defined | ||||||
12 | in this
Act nor shall any person receive, after the effective | ||||||
13 | date of this
amendatory Act of 1984, a permanent appointment as | ||||||
14 | a county corrections officer
unless that person has been | ||||||
15 | awarded, within 6 six months of his or her
initial full-time | ||||||
16 | employment, a certificate attesting to his or her
successful | ||||||
17 | completion of the Minimum Standards Basic Law Enforcement and | ||||||
18 | County
Correctional Training Course as prescribed by the Board; | ||||||
19 | or has been awarded a
certificate attesting to his or her | ||||||
20 | satisfactory completion of a training program of
similar | ||||||
21 | content and number of hours and which course has been found | ||||||
22 | acceptable
by the Board under the provisions of this Act; or by | ||||||
23 | reason of extensive prior
law enforcement or county corrections | ||||||
24 | experience the basic training requirement
is determined by the | ||||||
25 | Board to be illogical and unreasonable.
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1 | If such training is required and not completed within the | ||||||
2 | applicable 6 six
months, then the officer must forfeit his or | ||||||
3 | her position, or the employing agency
must obtain a waiver from | ||||||
4 | the Board extending the period for
compliance. Such waiver | ||||||
5 | shall be issued only for good and justifiable
reasons, and in | ||||||
6 | no case shall extend more than 90 days beyond the
initial 6 six | ||||||
7 | months. Any hiring agency that fails to train a law enforcement | ||||||
8 | officer within this period shall be prohibited from employing | ||||||
9 | this individual in a law enforcement capacity for one year from | ||||||
10 | the date training was to be completed. If an agency again fails | ||||||
11 | to train the individual a second time, the agency shall be | ||||||
12 | permanently barred from employing this individual in a law | ||||||
13 | enforcement capacity.
| ||||||
14 | (b) No provision of this Section shall be construed to mean | ||||||
15 | that a
law enforcement officer employed by a local governmental | ||||||
16 | agency
at the time of the effective date of this amendatory | ||||||
17 | Act, either as a
probationary police officer or as a permanent | ||||||
18 | police officer, shall
require certification under the | ||||||
19 | provisions of this Section. No provision
of this Section shall | ||||||
20 | be construed to mean that a county corrections
officer employed | ||||||
21 | by a local governmental agency at the time of the
effective | ||||||
22 | date of this amendatory Act of 1984, either as a probationary
| ||||||
23 | county corrections or as a permanent county corrections | ||||||
24 | officer, shall
require certification under the provisions of | ||||||
25 | this Section. No provision of
this Section shall be construed | ||||||
26 | to apply to certification of elected county
sheriffs.
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1 | (c) This Section does not apply to part-time police | ||||||
2 | officers or
probationary part-time police officers.
| ||||||
3 | (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
| ||||||
4 | (50 ILCS 705/10.2)
| ||||||
5 | Sec. 10.2. Criminal background investigations.
| ||||||
6 | (a) On and after the effective date of this amendatory Act | ||||||
7 | of the 92nd
General Assembly,
an applicant for employment as a | ||||||
8 | peace officer, or for annual certification as a retired law | ||||||
9 | enforcement officer qualified under federal law to carry a | ||||||
10 | concealed weapon, shall authorize an
investigation to | ||||||
11 | determine if
the applicant has been convicted of , or entered a | ||||||
12 | plea of guilty to, any criminal offense that disqualifies the
| ||||||
13 | person as a peace
officer.
| ||||||
14 | (b) No law enforcement agency may knowingly employ a | ||||||
15 | person, or certify a retired law enforcement officer qualified | ||||||
16 | under federal law to carry a concealed weapon, unless (i) a
| ||||||
17 | criminal
background investigation of that person
has been | ||||||
18 | completed and (ii) that investigation reveals no convictions or | ||||||
19 | pleas of guilty of
offenses specified in subsection (a) of | ||||||
20 | Section 6.1 of this Act.
| ||||||
21 | (Source: P.A. 94-103, eff. 7-1-05.)
|