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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7 as follows: | ||||||
6 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
7 | Sec. 7. Exemptions.
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8 | (1) When a request is made to inspect or copy a public | ||||||
9 | record that contains information that is exempt from | ||||||
10 | disclosure under this Section, but also contains information | ||||||
11 | that is not exempt from disclosure, the public body may elect | ||||||
12 | to redact the information that is exempt. The public body | ||||||
13 | shall make the remaining information available for inspection | ||||||
14 | and copying. Subject to this requirement, the following shall | ||||||
15 | be exempt from inspection and copying:
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16 | (a) Information specifically prohibited from | ||||||
17 | disclosure by federal or
State law or rules and | ||||||
18 | regulations implementing federal or State law.
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19 | (b) Private information, unless disclosure is required | ||||||
20 | by another provision of this Act, a State or federal law or | ||||||
21 | a court order. | ||||||
22 | (b-5) Files, documents, and other data or databases | ||||||
23 | maintained by one or more law enforcement agencies and |
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1 | specifically designed to provide information to one or | ||||||
2 | more law enforcement agencies regarding the physical or | ||||||
3 | mental status of one or more individual subjects. | ||||||
4 | (c) Personal information contained within public | ||||||
5 | records, the disclosure of which would constitute a | ||||||
6 | clearly
unwarranted invasion of personal privacy, unless | ||||||
7 | the disclosure is
consented to in writing by the | ||||||
8 | individual subjects of the information. "Unwarranted | ||||||
9 | invasion of personal privacy" means the disclosure of | ||||||
10 | information that is highly personal or objectionable to a | ||||||
11 | reasonable person and in which the subject's right to | ||||||
12 | privacy outweighs any legitimate public interest in | ||||||
13 | obtaining the information. The
disclosure of information | ||||||
14 | that bears on the public duties of public
employees and | ||||||
15 | officials shall not be considered an invasion of personal
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16 | privacy.
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17 | (d) Records in the possession of any public body | ||||||
18 | created in the course of administrative enforcement
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19 | proceedings, and any law enforcement or correctional | ||||||
20 | agency for
law enforcement purposes,
but only to the | ||||||
21 | extent that disclosure would:
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22 | (i) interfere with pending or actually and | ||||||
23 | reasonably contemplated
law enforcement proceedings | ||||||
24 | conducted by any law enforcement or correctional
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25 | agency that is the recipient of the request;
| ||||||
26 | (ii) interfere with active administrative |
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1 | enforcement proceedings
conducted by the public body | ||||||
2 | that is the recipient of the request;
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3 | (iii) create a substantial likelihood that a | ||||||
4 | person will be deprived of a fair trial or an impartial | ||||||
5 | hearing;
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6 | (iv) unavoidably disclose the identity of a | ||||||
7 | confidential source, confidential information | ||||||
8 | furnished only by the confidential source, or persons | ||||||
9 | who file complaints with or provide information to | ||||||
10 | administrative, investigative, law enforcement, or | ||||||
11 | penal agencies; except that the identities of | ||||||
12 | witnesses to traffic accidents, traffic accident | ||||||
13 | reports, and rescue reports shall be provided by | ||||||
14 | agencies of local government, except when disclosure | ||||||
15 | would interfere with an active criminal investigation | ||||||
16 | conducted by the agency that is the recipient of the | ||||||
17 | request;
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18 | (v) disclose unique or specialized investigative | ||||||
19 | techniques other than
those generally used and known | ||||||
20 | or disclose internal documents of
correctional | ||||||
21 | agencies related to detection, observation or | ||||||
22 | investigation of
incidents of crime or misconduct, and | ||||||
23 | disclosure would result in demonstrable harm to the | ||||||
24 | agency or public body that is the recipient of the | ||||||
25 | request;
| ||||||
26 | (vi) endanger the life or physical safety of law |
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1 | enforcement personnel
or any other person; or
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2 | (vii) obstruct an ongoing criminal investigation | ||||||
3 | by the agency that is the recipient of the request.
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4 | (d-5) A law enforcement record created for law | ||||||
5 | enforcement purposes and contained in a shared electronic | ||||||
6 | record management system if the law enforcement agency | ||||||
7 | that is the recipient of the request did not create the | ||||||
8 | record, did not participate in or have a role in any of the | ||||||
9 | events which are the subject of the record, and only has | ||||||
10 | access to the record through the shared electronic record | ||||||
11 | management system. | ||||||
12 | (d-6) Records contained in the Officer Professional | ||||||
13 | Conduct Database under Section 9.2 9.4 of the Illinois | ||||||
14 | Police Training Act, except to the extent authorized under | ||||||
15 | that Section. This includes the documents supplied to | ||||||
16 | Illinois Law Enforcement Training Standards Board from the | ||||||
17 | Illinois State Police and Illinois State Police Merit | ||||||
18 | Board. | ||||||
19 | (e) Records that relate to or affect the security of | ||||||
20 | correctional
institutions and detention facilities.
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21 | (e-5) Records requested by persons committed to the | ||||||
22 | Department of Corrections, Department of Human Services | ||||||
23 | Division of Mental Health, or a county jail if those | ||||||
24 | materials are available in the library of the correctional | ||||||
25 | institution or facility or jail where the inmate is | ||||||
26 | confined. |
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1 | (e-6) Records requested by persons committed to the | ||||||
2 | Department of Corrections, Department of Human Services | ||||||
3 | Division of Mental Health, or a county jail if those | ||||||
4 | materials include records from staff members' personnel | ||||||
5 | files, staff rosters, or other staffing assignment | ||||||
6 | information. | ||||||
7 | (e-7) Records requested by persons committed to the | ||||||
8 | Department of Corrections or Department of Human Services | ||||||
9 | Division of Mental Health if those materials are available | ||||||
10 | through an administrative request to the Department of | ||||||
11 | Corrections or Department of Human Services Division of | ||||||
12 | Mental Health. | ||||||
13 | (e-8) Records requested by a person committed to the | ||||||
14 | Department of Corrections, Department of Human Services | ||||||
15 | Division of Mental Health, or a county jail, the | ||||||
16 | disclosure of which would result in the risk of harm to any | ||||||
17 | person or the risk of an escape from a jail or correctional | ||||||
18 | institution or facility. | ||||||
19 | (e-9) Records requested by a person in a county jail | ||||||
20 | or committed to the Department of Corrections or | ||||||
21 | Department of Human Services Division of Mental Health, | ||||||
22 | containing personal information pertaining to the person's | ||||||
23 | victim or the victim's family, including, but not limited | ||||||
24 | to, a victim's home address, home telephone number, work | ||||||
25 | or school address, work telephone number, social security | ||||||
26 | number, or any other identifying information, except as |
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1 | may be relevant to a requester's current or potential case | ||||||
2 | or claim. | ||||||
3 | (e-10) Law enforcement records of other persons | ||||||
4 | requested by a person committed to the Department of | ||||||
5 | Corrections, Department of Human Services Division of | ||||||
6 | Mental Health, or a county jail, including, but not | ||||||
7 | limited to, arrest and booking records, mug shots, and | ||||||
8 | crime scene photographs, except as these records may be | ||||||
9 | relevant to the requester's current or potential case or | ||||||
10 | claim. | ||||||
11 | (f) Preliminary drafts, notes, recommendations, | ||||||
12 | memoranda and other
records in which opinions are | ||||||
13 | expressed, or policies or actions are
formulated, except | ||||||
14 | that a specific record or relevant portion of a
record | ||||||
15 | shall not be exempt when the record is publicly cited
and | ||||||
16 | identified by the head of the public body. The exemption | ||||||
17 | provided in
this paragraph (f) extends to all those | ||||||
18 | records of officers and agencies
of the General Assembly | ||||||
19 | that pertain to the preparation of legislative
documents.
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20 | (g) Trade secrets and commercial or financial | ||||||
21 | information obtained from
a person or business where the | ||||||
22 | trade secrets or commercial or financial information are | ||||||
23 | furnished under a claim that they are
proprietary, | ||||||
24 | privileged, or confidential, and that disclosure of the | ||||||
25 | trade
secrets or commercial or financial information would | ||||||
26 | cause competitive harm to the person or business, and only |
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1 | insofar as the claim directly applies to the records | ||||||
2 | requested. | ||||||
3 | The information included under this exemption includes | ||||||
4 | all trade secrets and commercial or financial information | ||||||
5 | obtained by a public body, including a public pension | ||||||
6 | fund, from a private equity fund or a privately held | ||||||
7 | company within the investment portfolio of a private | ||||||
8 | equity fund as a result of either investing or evaluating | ||||||
9 | a potential investment of public funds in a private equity | ||||||
10 | fund. The exemption contained in this item does not apply | ||||||
11 | to the aggregate financial performance information of a | ||||||
12 | private equity fund, nor to the identity of the fund's | ||||||
13 | managers or general partners. The exemption contained in | ||||||
14 | this item does not apply to the identity of a privately | ||||||
15 | held company within the investment portfolio of a private | ||||||
16 | equity fund, unless the disclosure of the identity of a | ||||||
17 | privately held company may cause competitive harm. | ||||||
18 | Nothing contained in this
paragraph (g) shall be | ||||||
19 | construed to prevent a person or business from
consenting | ||||||
20 | to disclosure.
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21 | (h) Proposals and bids for any contract, grant, or | ||||||
22 | agreement, including
information which if it were | ||||||
23 | disclosed would frustrate procurement or give
an advantage | ||||||
24 | to any person proposing to enter into a contractor | ||||||
25 | agreement
with the body, until an award or final selection | ||||||
26 | is made. Information
prepared by or for the body in |
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1 | preparation of a bid solicitation shall be
exempt until an | ||||||
2 | award or final selection is made.
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3 | (i) Valuable formulae,
computer geographic systems,
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4 | designs, drawings and research data obtained or
produced | ||||||
5 | by any public body when disclosure could reasonably be | ||||||
6 | expected to
produce private gain or public loss.
The | ||||||
7 | exemption for "computer geographic systems" provided in | ||||||
8 | this paragraph
(i) does not extend to requests made by | ||||||
9 | news media as defined in Section 2 of
this Act when the | ||||||
10 | requested information is not otherwise exempt and the only
| ||||||
11 | purpose of the request is to access and disseminate | ||||||
12 | information regarding the
health, safety, welfare, or | ||||||
13 | legal rights of the general public.
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14 | (j) The following information pertaining to | ||||||
15 | educational matters: | ||||||
16 | (i) test questions, scoring keys and other | ||||||
17 | examination data used to
administer an academic | ||||||
18 | examination;
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19 | (ii) information received by a primary or | ||||||
20 | secondary school, college, or university under its | ||||||
21 | procedures for the evaluation of faculty members by | ||||||
22 | their academic peers; | ||||||
23 | (iii) information concerning a school or | ||||||
24 | university's adjudication of student disciplinary | ||||||
25 | cases, but only to the extent that disclosure would | ||||||
26 | unavoidably reveal the identity of the student; and |
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1 | (iv) course materials or research materials used | ||||||
2 | by faculty members. | ||||||
3 | (k) Architects' plans, engineers' technical | ||||||
4 | submissions, and
other
construction related technical | ||||||
5 | documents for
projects not constructed or developed in | ||||||
6 | whole or in part with public funds
and the same for | ||||||
7 | projects constructed or developed with public funds, | ||||||
8 | including, but not limited to, power generating and | ||||||
9 | distribution stations and other transmission and | ||||||
10 | distribution facilities, water treatment facilities, | ||||||
11 | airport facilities, sport stadiums, convention centers, | ||||||
12 | and all government owned, operated, or occupied buildings, | ||||||
13 | but
only to the extent
that disclosure would compromise | ||||||
14 | security.
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15 | (l) Minutes of meetings of public bodies closed to the
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16 | public as provided in the Open Meetings Act until the | ||||||
17 | public body
makes the minutes available to the public | ||||||
18 | under Section 2.06 of the Open
Meetings Act.
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19 | (m) Communications between a public body and an | ||||||
20 | attorney or auditor
representing the public body that | ||||||
21 | would not be subject to discovery in
litigation, and | ||||||
22 | materials prepared or compiled by or for a public body in
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23 | anticipation of a criminal, civil, or administrative | ||||||
24 | proceeding upon the
request of an attorney advising the | ||||||
25 | public body, and materials prepared or
compiled with | ||||||
26 | respect to internal audits of public bodies.
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1 | (n) Records relating to a public body's adjudication | ||||||
2 | of employee grievances or disciplinary cases; however, | ||||||
3 | this exemption shall not extend to the final outcome of | ||||||
4 | cases in which discipline is imposed.
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5 | (o) Administrative or technical information associated | ||||||
6 | with automated
data processing operations, including, but | ||||||
7 | not limited to, software,
operating protocols, computer | ||||||
8 | program abstracts, file layouts, source
listings, object | ||||||
9 | modules, load modules, user guides, documentation
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10 | pertaining to all logical and physical design of | ||||||
11 | computerized systems,
employee manuals, and any other | ||||||
12 | information that, if disclosed, would
jeopardize the | ||||||
13 | security of the system or its data or the security of
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14 | materials exempt under this Section.
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15 | (p) Records relating to collective negotiating matters
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16 | between public bodies and their employees or | ||||||
17 | representatives, except that
any final contract or | ||||||
18 | agreement shall be subject to inspection and copying.
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19 | (q) Test questions, scoring keys, and other | ||||||
20 | examination data used to determine the qualifications of | ||||||
21 | an applicant for a license or employment.
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22 | (r) The records, documents, and information relating | ||||||
23 | to real estate
purchase negotiations until those | ||||||
24 | negotiations have been completed or
otherwise terminated. | ||||||
25 | With regard to a parcel involved in a pending or
actually | ||||||
26 | and reasonably contemplated eminent domain proceeding |
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1 | under the Eminent Domain Act, records, documents, and
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2 | information relating to that parcel shall be exempt except | ||||||
3 | as may be
allowed under discovery rules adopted by the | ||||||
4 | Illinois Supreme Court. The
records, documents, and | ||||||
5 | information relating to a real estate sale shall be
exempt | ||||||
6 | until a sale is consummated.
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7 | (s) Any and all proprietary information and records | ||||||
8 | related to the
operation of an intergovernmental risk | ||||||
9 | management association or
self-insurance pool or jointly | ||||||
10 | self-administered health and accident
cooperative or pool.
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11 | Insurance or self insurance (including any | ||||||
12 | intergovernmental risk management association or self | ||||||
13 | insurance pool) claims, loss or risk management | ||||||
14 | information, records, data, advice or communications.
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15 | (t) Information contained in or related to | ||||||
16 | examination, operating, or
condition reports prepared by, | ||||||
17 | on behalf of, or for the use of a public
body responsible | ||||||
18 | for the regulation or supervision of financial
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19 | institutions, insurance companies, or pharmacy benefit | ||||||
20 | managers, unless disclosure is otherwise
required by State | ||||||
21 | law.
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22 | (u) Information that would disclose
or might lead to | ||||||
23 | the disclosure of
secret or confidential information, | ||||||
24 | codes, algorithms, programs, or private
keys intended to | ||||||
25 | be used to create electronic signatures under the Uniform | ||||||
26 | Electronic Transactions Act.
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1 | (v) Vulnerability assessments, security measures, and | ||||||
2 | response policies
or plans that are designed to identify, | ||||||
3 | prevent, or respond to potential
attacks upon a | ||||||
4 | community's population or systems, facilities, or | ||||||
5 | installations,
the destruction or contamination of which | ||||||
6 | would constitute a clear and present
danger to the health | ||||||
7 | or safety of the community, but only to the extent that
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8 | disclosure could reasonably be expected to jeopardize the | ||||||
9 | effectiveness of the
measures or the safety of the | ||||||
10 | personnel who implement them or the public.
Information | ||||||
11 | exempt under this item may include such things as details
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12 | pertaining to the mobilization or deployment of personnel | ||||||
13 | or equipment, to the
operation of communication systems or | ||||||
14 | protocols, or to tactical operations.
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15 | (w) (Blank). | ||||||
16 | (x) Maps and other records regarding the location or | ||||||
17 | security of generation, transmission, distribution, | ||||||
18 | storage, gathering,
treatment, or switching facilities | ||||||
19 | owned by a utility, by a power generator, or by the | ||||||
20 | Illinois Power Agency.
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21 | (y) Information contained in or related to proposals, | ||||||
22 | bids, or negotiations related to electric power | ||||||
23 | procurement under Section 1-75 of the Illinois Power | ||||||
24 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
25 | Act that is determined to be confidential and proprietary | ||||||
26 | by the Illinois Power Agency or by the Illinois Commerce |
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1 | Commission.
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2 | (z) Information about students exempted from | ||||||
3 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
4 | School Code, and information about undergraduate students | ||||||
5 | enrolled at an institution of higher education exempted | ||||||
6 | from disclosure under Section 25 of the Illinois Credit | ||||||
7 | Card Marketing Act of 2009. | ||||||
8 | (aa) Information the disclosure of which is
exempted | ||||||
9 | under the Viatical Settlements Act of 2009.
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10 | (bb) Records and information provided to a mortality | ||||||
11 | review team and records maintained by a mortality review | ||||||
12 | team appointed under the Department of Juvenile Justice | ||||||
13 | Mortality Review Team Act. | ||||||
14 | (cc) Information regarding interments, entombments, or | ||||||
15 | inurnments of human remains that are submitted to the | ||||||
16 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
17 | the Cemetery Oversight Act, whichever is applicable. | ||||||
18 | (dd) Correspondence and records (i) that may not be | ||||||
19 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
20 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
21 | the Illinois Public Aid Code. | ||||||
22 | (ee) The names, addresses, or other personal | ||||||
23 | information of persons who are minors and are also | ||||||
24 | participants and registrants in programs of park | ||||||
25 | districts, forest preserve districts, conservation | ||||||
26 | districts, recreation agencies, and special recreation |
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| |||||||
1 | associations. | ||||||
2 | (ff) The names, addresses, or other personal | ||||||
3 | information of participants and registrants in programs of | ||||||
4 | park districts, forest preserve districts, conservation | ||||||
5 | districts, recreation agencies, and special recreation | ||||||
6 | associations where such programs are targeted primarily to | ||||||
7 | minors. | ||||||
8 | (gg) Confidential information described in Section | ||||||
9 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
10 | 2012. | ||||||
11 | (hh) The report submitted to the State Board of | ||||||
12 | Education by the School Security and Standards Task Force | ||||||
13 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
14 | School Code and any information contained in that report. | ||||||
15 | (ii) Records requested by persons committed to or | ||||||
16 | detained by the Department of Human Services under the | ||||||
17 | Sexually Violent Persons Commitment Act or committed to | ||||||
18 | the Department of Corrections under the Sexually Dangerous | ||||||
19 | Persons Act if those materials: (i) are available in the | ||||||
20 | library of the facility where the individual is confined; | ||||||
21 | (ii) include records from staff members' personnel files, | ||||||
22 | staff rosters, or other staffing assignment information; | ||||||
23 | or (iii) are available through an administrative request | ||||||
24 | to the Department of Human Services or the Department of | ||||||
25 | Corrections. | ||||||
26 | (jj) Confidential information described in Section |
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| |||||||
1 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
2 | (kk) The public body's credit card numbers, debit card | ||||||
3 | numbers, bank account numbers, Federal Employer | ||||||
4 | Identification Number, security code numbers, passwords, | ||||||
5 | and similar account information, the disclosure of which | ||||||
6 | could result in identity theft or impression or defrauding | ||||||
7 | of a governmental entity or a person. | ||||||
8 | (ll) Records concerning the work of the threat | ||||||
9 | assessment team of a school district. | ||||||
10 | (1.5) Any information exempt from disclosure under the | ||||||
11 | Judicial Privacy Act shall be redacted from public records | ||||||
12 | prior to disclosure under this Act. | ||||||
13 | (2) A public record that is not in the possession of a | ||||||
14 | public body but is in the possession of a party with whom the | ||||||
15 | agency has contracted to perform a governmental function on | ||||||
16 | behalf of the public body, and that directly relates to the | ||||||
17 | governmental function and is not otherwise exempt under this | ||||||
18 | Act, shall be considered a public record of the public body, | ||||||
19 | for purposes of this Act. | ||||||
20 | (3) This Section does not authorize withholding of | ||||||
21 | information or limit the
availability of records to the | ||||||
22 | public, except as stated in this Section or
otherwise provided | ||||||
23 | in this Act.
| ||||||
24 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
25 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
26 | 6-25-21; 102-558, eff. 8-20-21; revised 10-4-21.) |
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| |||||||
1 | Section 5. The Illinois State Police Act is amended by | ||||||
2 | changing Sections 9, 12.6, and 46 as follows:
| ||||||
3 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| ||||||
4 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
5 | Sec. 9. Appointment; qualifications.
| ||||||
6 | (a) Except as otherwise provided in this Section, the | ||||||
7 | appointment of
Department of State Police officers shall be | ||||||
8 | made from those applicants who
have been certified by the | ||||||
9 | Board as being qualified for appointment. All
persons so | ||||||
10 | appointed shall, at the time of their appointment, be not less | ||||||
11 | than
21 years of age, or 20 years of age and have successfully | ||||||
12 | completed an associate's degree or 60 credit hours at an | ||||||
13 | accredited college or university. Any person
appointed | ||||||
14 | subsequent to successful completion of an associate's degree | ||||||
15 | or 60 credit hours at an accredited college or university | ||||||
16 | shall not have power of arrest, nor shall he or she be | ||||||
17 | permitted
to carry firearms, until he or she reaches 21 years | ||||||
18 | of age. In addition,
all persons so certified for appointment | ||||||
19 | shall be of sound mind and body, be of
good moral character, be | ||||||
20 | citizens of the United States, have no criminal
records, | ||||||
21 | possess such prerequisites of training, education, and | ||||||
22 | experience as
the Board may from time to time prescribe so long | ||||||
23 | as persons who have an associate's degree or 60 credit hours at | ||||||
24 | an accredited college or university are not disqualified, and |
| |||||||
| |||||||
1 | shall be required to pass
successfully such mental and | ||||||
2 | physical tests and examinations as may be
prescribed by the | ||||||
3 | Board. All persons who meet one of the following requirements | ||||||
4 | are deemed to have met the collegiate educational | ||||||
5 | requirements: | ||||||
6 | (i) have been honorably discharged and who have been | ||||||
7 | awarded a Southwest Asia Service Medal, Kosovo Campaign | ||||||
8 | Medal, Korean Defense Service Medal, Afghanistan Campaign | ||||||
9 | Medal, Iraq Campaign Medal, or Global War on Terrorism | ||||||
10 | Expeditionary Medal by the United States Armed Forces; | ||||||
11 | (ii) are active members of the Illinois National Guard | ||||||
12 | or a reserve component of the United States Armed Forces | ||||||
13 | and who have been awarded a Southwest Asia Service Medal, | ||||||
14 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
15 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||||||
16 | War on Terrorism Expeditionary Medal as a result of | ||||||
17 | honorable service during deployment on active duty; | ||||||
18 | (iii) have been honorably discharged who served in a | ||||||
19 | combat mission by proof of hostile fire pay or imminent | ||||||
20 | danger pay during deployment on active duty; or | ||||||
21 | (iv) have at least 3 years of full active and | ||||||
22 | continuous military duty and received an honorable | ||||||
23 | discharge before hiring. | ||||||
24 | Preference shall be given in such appointments to
persons | ||||||
25 | who have honorably served in the military or naval services of | ||||||
26 | the
United States. All appointees shall serve a probationary |
| |||||||
| |||||||
1 | period of 12 months
from the date of appointment and during | ||||||
2 | that period may be discharged at the
will of the Director. | ||||||
3 | However, the Director may in his or her sole discretion
extend | ||||||
4 | the probationary period of an officer up to an additional 6 | ||||||
5 | months when
to do so is deemed in the best interest of the | ||||||
6 | Department. Nothing in this subsection (a) limits the Board's | ||||||
7 | ability to prescribe education prerequisites or requirements | ||||||
8 | to certify Department of State Police officers for promotion | ||||||
9 | as provided in Section 10 of this Act.
| ||||||
10 | (b) Notwithstanding the other provisions of this Act, | ||||||
11 | after July 1,
1977 and before July 1, 1980, the Director of | ||||||
12 | State Police may appoint and
promote not more than 20 persons | ||||||
13 | having special qualifications as special
agents as he or she | ||||||
14 | deems necessary to carry out the Department's objectives. Any
| ||||||
15 | such appointment or promotion shall be ratified by the Board.
| ||||||
16 | (c) During the 90 days following the effective date of | ||||||
17 | this amendatory Act
of 1995, the Director of State Police may | ||||||
18 | appoint up to 25 persons as State
Police officers. These | ||||||
19 | appointments shall be made in accordance with the
requirements | ||||||
20 | of this subsection (c) and any additional criteria that may be
| ||||||
21 | established by the Director, but are not subject to any other | ||||||
22 | requirements of
this Act. The Director may specify the initial | ||||||
23 | rank for each person appointed
under this subsection.
| ||||||
24 | All appointments under this subsection (c) shall be made | ||||||
25 | from personnel
certified by the Board. A person certified by | ||||||
26 | the Board and appointed by the
Director under this subsection |
| |||||||
| |||||||
1 | must have been employed by the Illinois Commerce
Commission on | ||||||
2 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
3 | and in a position for which the person was
eligible to earn | ||||||
4 | "eligible creditable service" as a "noncovered employee", as
| ||||||
5 | those terms are defined in Article 14 of the Illinois Pension | ||||||
6 | Code.
| ||||||
7 | Persons appointed under this subsection (c) shall | ||||||
8 | thereafter be subject to
the same requirements and procedures | ||||||
9 | as other State police officers. A person
appointed under this | ||||||
10 | subsection must serve a probationary period of 12 months
from | ||||||
11 | the date of appointment, during which he or she may be | ||||||
12 | discharged at the
will of the Director.
| ||||||
13 | This subsection (c) does not affect or limit the | ||||||
14 | Director's authority to
appoint other State Police officers | ||||||
15 | under subsection (a) of this Section.
| ||||||
16 | (Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20 .)
| ||||||
17 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
18 | Sec. 9. Appointment; qualifications.
| ||||||
19 | (a) Except as otherwise provided in this Section, the | ||||||
20 | appointment of
Department of State Police officers shall be | ||||||
21 | made from those applicants who
have been certified by the | ||||||
22 | Board as being qualified for appointment. All
persons so | ||||||
23 | appointed shall, at the time of their appointment, be not less | ||||||
24 | than
21 years of age, or 20 years of age and have successfully | ||||||
25 | completed an associate's degree or 60 credit hours at an |
| |||||||
| |||||||
1 | accredited college or university. Any person
appointed | ||||||
2 | subsequent to successful completion of an associate's degree | ||||||
3 | or 60 credit hours at an accredited college or university | ||||||
4 | shall not have power of arrest, nor shall he or she be | ||||||
5 | permitted
to carry firearms, until he or she reaches 21 years | ||||||
6 | of age. In addition,
all persons so certified for appointment | ||||||
7 | shall be of sound mind and body, be of
good moral character, be | ||||||
8 | citizens of the United States, have no criminal
records, | ||||||
9 | possess such prerequisites of training, education, and | ||||||
10 | experience as
the Board may from time to time prescribe so long | ||||||
11 | as persons who have an associate's degree or 60 credit hours at | ||||||
12 | an accredited college or university are not disqualified, and | ||||||
13 | shall be required to pass
successfully such mental and | ||||||
14 | physical tests and examinations as may be
prescribed by the | ||||||
15 | Board. All persons who meet one of the following requirements | ||||||
16 | are deemed to have met the collegiate educational | ||||||
17 | requirements: | ||||||
18 | (i) have been honorably discharged and who have been | ||||||
19 | awarded a Southwest Asia Service Medal, Kosovo Campaign | ||||||
20 | Medal, Korean Defense Service Medal, Afghanistan Campaign | ||||||
21 | Medal, Iraq Campaign Medal, or Global War on Terrorism | ||||||
22 | Expeditionary Medal by the United States Armed Forces; | ||||||
23 | (ii) are active members of the Illinois National Guard | ||||||
24 | or a reserve component of the United States Armed Forces | ||||||
25 | and who have been awarded a Southwest Asia Service Medal, | ||||||
26 | Kosovo Campaign Medal, Korean Defense Service Medal, |
| |||||||
| |||||||
1 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||||||
2 | War on Terrorism Expeditionary Medal as a result of | ||||||
3 | honorable service during deployment on active duty; | ||||||
4 | (iii) have been honorably discharged who served in a | ||||||
5 | combat mission by proof of hostile fire pay or imminent | ||||||
6 | danger pay during deployment on active duty; or | ||||||
7 | (iv) have at least 3 years of full active and | ||||||
8 | continuous military duty and received an honorable | ||||||
9 | discharge before hiring. | ||||||
10 | Preference shall be given in such appointments to
persons | ||||||
11 | who have honorably served in the military or naval services of | ||||||
12 | the
United States. All appointees shall serve a probationary | ||||||
13 | period of 12 months
from the date of appointment and during | ||||||
14 | that period may be discharged at the
will of the Director. | ||||||
15 | However, the Director may in his or her sole discretion
extend | ||||||
16 | the probationary period of an officer up to an additional 6 | ||||||
17 | months when
to do so is deemed in the best interest of the | ||||||
18 | Department. Nothing in this subsection (a) limits the Board's | ||||||
19 | ability to prescribe education prerequisites or requirements | ||||||
20 | to certify Department of State Police officers for promotion | ||||||
21 | as provided in Section 10 of this Act.
| ||||||
22 | (b) Notwithstanding the other provisions of this Act, | ||||||
23 | after July 1,
1977 and before July 1, 1980, the Director of | ||||||
24 | State Police may appoint and
promote not more than 20 persons | ||||||
25 | having special qualifications as special
agents as he or she | ||||||
26 | deems necessary to carry out the Department's objectives. Any
|
| |||||||
| |||||||
1 | such appointment or promotion shall be ratified by the Board.
| ||||||
2 | (c) During the 90 days following the effective date of | ||||||
3 | this amendatory Act
of 1995, the Director of State Police may | ||||||
4 | appoint up to 25 persons as State
Police officers. These | ||||||
5 | appointments shall be made in accordance with the
requirements | ||||||
6 | of this subsection (c) and any additional criteria that may be
| ||||||
7 | established by the Director, but are not subject to any other | ||||||
8 | requirements of
this Act. The Director may specify the initial | ||||||
9 | rank for each person appointed
under this subsection.
| ||||||
10 | All appointments under this subsection (c) shall be made | ||||||
11 | from personnel
certified by the Board. A person certified by | ||||||
12 | the Board and appointed by the
Director under this subsection | ||||||
13 | must have been employed by the Illinois Commerce
Commission on | ||||||
14 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
15 | and in a position for which the person was
eligible to earn | ||||||
16 | "eligible creditable service" as a "noncovered employee", as
| ||||||
17 | those terms are defined in Article 14 of the Illinois Pension | ||||||
18 | Code.
| ||||||
19 | Persons appointed under this subsection (c) shall | ||||||
20 | thereafter be subject to
the same requirements and procedures | ||||||
21 | as other State police officers. A person
appointed under this | ||||||
22 | subsection must serve a probationary period of 12 months
from | ||||||
23 | the date of appointment, during which he or she may be | ||||||
24 | discharged at the
will of the Director.
| ||||||
25 | This subsection (c) does not affect or limit the | ||||||
26 | Director's authority to
appoint other State Police officers |
| |||||||
| |||||||
1 | under subsection (a) of this Section. | ||||||
2 | (d) During the 180 days following the effective date of | ||||||
3 | this amendatory Act of the 101st General Assembly, the | ||||||
4 | Director of the Illinois State Police may appoint current | ||||||
5 | Illinois State Police Employees serving in law enforcement | ||||||
6 | officer positions previously within Central Management | ||||||
7 | Services as State Police Officers. These appointments shall be | ||||||
8 | made in accordance with the requirements of this subsection | ||||||
9 | (d) and any institutional criteria that may be established by | ||||||
10 | the Director, but are not subject to any other requirements of | ||||||
11 | this Act.
All appointments under this subsection (d) shall be | ||||||
12 | made from personnel certified by the Board. A person certified | ||||||
13 | by the Board and appointed by the Director under this | ||||||
14 | subsection must have been employed by the a state agency, | ||||||
15 | board, or commission on January 1, 2021, in a job title subject | ||||||
16 | to the Personnel Code and in a position for which the person | ||||||
17 | was eligible to earn "eligible creditable service" as a | ||||||
18 | "noncovered employee", as those terms are defined in Article | ||||||
19 | 14 of the Illinois Pension Code.
Persons appointed under this | ||||||
20 | subsection (d) shall thereafter be subject to the same | ||||||
21 | requirements, and subject to the same contractual benefits and | ||||||
22 | obligations, as other State police officers.
This subsection | ||||||
23 | (d) does not affect or limit the Director's authority to | ||||||
24 | appoint other State Police officers under subsection (a) of | ||||||
25 | this Section. | ||||||
26 | (e) The Merit Board shall review Illinois State Police |
| |||||||
| |||||||
1 | Cadet applicants. The Illinois State Police may provide | ||||||
2 | background check and investigation material to the Board for | ||||||
3 | their review
10
pursuant to this section. The Board shall | ||||||
4 | approve and ensure that no cadet applicant is certified unless | ||||||
5 | the applicant is a person of good character and has not been | ||||||
6 | convicted of, or entered a plea of guilty to, a felony offense, | ||||||
7 | any of the misdemeanors in Section or if committed in any other | ||||||
8 | state would be an offense similar to 11-1.50, 11-6, 11-6.5, | ||||||
9 | 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, | ||||||
10 | 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | ||||||
11 | 28-3, 29-1, any misdemeanor in violation of any section of | ||||||
12 | Part E of Title III of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012, or subsection (a) of Section | ||||||
15 | 17-32 of the Criminal Code of 1961 or the Criminal Code of | ||||||
16 | 2012, to Section 5 or 5.2 of the Cannabis Control Act, or any | ||||||
17 | felony or misdemeanor in violation of federal law or the law of | ||||||
18 | any state that is the equivalent of any of the offenses | ||||||
19 | specified therein. The Officer Misconduct Database, provided | ||||||
20 | in Section 9.2 of the Illinois Police Training Act, shall be | ||||||
21 | searched as part of this process. For purposes of this Section | ||||||
22 | "convicted of, or entered a plea of guilty" regardless of | ||||||
23 | whether the adjudication of guilt or sentence is withheld or | ||||||
24 | not entered thereon. This includes sentences of supervision, | ||||||
25 | conditional discharge, or first offender probation, or any | ||||||
26 | similar disposition provided for by law. |
| |||||||
| |||||||
1 | (f) The Board shall by rule establish an application fee | ||||||
2 | waiver program for any person who meets one or more of the | ||||||
3 | following criteria: | ||||||
4 | (1) his or her available personal income is 200% or | ||||||
5 | less of the current poverty level; or | ||||||
6 | (2) he or she is, in the discretion of the Board, | ||||||
7 | unable to proceed in an action with payment of application | ||||||
8 | fee and payment of that fee would result in substantial | ||||||
9 | hardship to the person or the person's family.
| ||||||
10 | (Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20; | ||||||
11 | 101-652, eff. 1-1-22.)
| ||||||
12 | (20 ILCS 2610/12.6) | ||||||
13 | (This Section may contain text from a Public Act with a | ||||||
14 | delayed effective date ) | ||||||
15 | Sec. 12.6. Automatic termination of Illinois State Police | ||||||
16 | officers. The Board shall terminate a state police officer | ||||||
17 | convicted of a felony offense under the laws of this State or | ||||||
18 | any other state which if committed in this State would be | ||||||
19 | punishable as a felony. The Board must also terminate Illinois | ||||||
20 | State Police officers who were convicted of, or entered a plea | ||||||
21 | of guilty to, on or after the effective date of this amendatory | ||||||
22 | Act of the 101st General Assembly, any misdemeanor specified | ||||||
23 | in this Section or if committed in any other state would be an | ||||||
24 | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, | ||||||
25 | 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, |
| |||||||
| |||||||
1 | 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, | ||||||
2 | any misdemeanor in violation of any section of Part E of Title | ||||||
3 | III of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
4 | 32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012, or subsection (a) of Section 17-32 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, to Section | ||||||
7 | 5 or 5.2 of the Cannabis Control Act, or any felony or | ||||||
8 | misdemeanor in violation of federal law or the law of any state | ||||||
9 | that is the equivalent of any of the offenses specified | ||||||
10 | therein. The Illinois State Police Merit Board shall report | ||||||
11 | terminations under this Section to the Officer Misconduct | ||||||
12 | Database, provided in Section 9.2 of the Illinois Police | ||||||
13 | Training Act. For purposes of this section "convicted of, or | ||||||
14 | entered a plea of guilty" regardless of whether the | ||||||
15 | adjudication of guilt or sentence is withheld or not entered | ||||||
16 | thereon. This includes sentences of supervision, conditional | ||||||
17 | discharge, or first offender probation, or any similar | ||||||
18 | disposition provided for by law.
| ||||||
19 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
20 | (20 ILCS 2610/46) | ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date ) | ||||||
23 | Sec. 46. Officer Professional Conduct Database; reporting, | ||||||
24 | transparency. | ||||||
25 | (a) The Illinois State Police Merit Board shall be |
| |||||||
| |||||||
1 | responsible for reporting all required information contained | ||||||
2 | in the Officer Misconduct Database, provided in Section 9.2 of | ||||||
3 | the Illinois Police Training Act. | ||||||
4 | (b) Before the Illinois State Police Merit Board certifies | ||||||
5 | any Illinois State Police Cadet the Board shall conduct a | ||||||
6 | search of all Illinois State Police Cadet applicants in the | ||||||
7 | Officer Professional Conduct Database. | ||||||
8 | (c) The database, documents, materials, or other | ||||||
9 | information in the possession or control of the Board that are | ||||||
10 | obtained by or disclosed to the Board pursuant to this | ||||||
11 | subsection shall be confidential by law and privileged, shall | ||||||
12 | not be subject to subpoena, and shall not be subject to | ||||||
13 | discovery or admissible in evidence in any private civil | ||||||
14 | action. However, the Board is authorized to use such | ||||||
15 | documents, materials, or other information in furtherance of | ||||||
16 | any regulatory or legal action brought as part of the Board's | ||||||
17 | official duties. Unless otherwise required by law, the Board | ||||||
18 | shall not disclose the database or make such documents, | ||||||
19 | materials, or other information public without the prior | ||||||
20 | written consent of the law enforcement governmental agency and | ||||||
21 | the law enforcement officer. The Board nor any person who | ||||||
22 | received documents, materials or other information shared | ||||||
23 | pursuant to this subsection shall be required to testify in | ||||||
24 | any private civil action concerning the database or any | ||||||
25 | confidential documents, materials, or information subject to | ||||||
26 | this subsection. |
| |||||||
| |||||||
1 | Nothing in this Section shall exempt a law enforcement | ||||||
2 | agency from which the Board has obtained data, documents, | ||||||
3 | materials, or other information or that has disclosed data, | ||||||
4 | documents, materials, or other information to the Board from | ||||||
5 | disclosing public records in accordance with the Freedom of | ||||||
6 | Information Act. | ||||||
7 | Nothing in this Section shall exempt a governmental agency | ||||||
8 | from disclosing public records in accordance with the Freedom | ||||||
9 | of Information Act.
| ||||||
10 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
11 | Section 10. The Illinois Police Training Act is amended by | ||||||
12 | changing Sections 1, 2, 3, 3.1, 6, 6.1, 6.3, 6.7, 7, 8.1, 8.2, | ||||||
13 | 8.3, 8.4, 9.2, 10.1, 10.2, 10.6, 10.11, 10.12, 10.13, 10.16, | ||||||
14 | 10.19, 10.20, and 10.22 and by reenacting Section 6.2 as | ||||||
15 | follows:
| ||||||
16 | (50 ILCS 705/1) (from Ch. 85, par. 501)
| ||||||
17 | Sec. 1.
It is hereby declared as a matter of legislative | ||||||
18 | determination that
in order to promote and protect citizen | ||||||
19 | health, safety and welfare, it is
necessary and in the public | ||||||
20 | interest to provide for the creation of the
Illinois Law | ||||||
21 | Enforcement Training Standards Board for the purpose of
| ||||||
22 | encouraging and aiding municipalities, counties, park | ||||||
23 | districts, State
controlled universities, colleges, and public | ||||||
24 | community colleges, and other
local governmental agencies of |
| |||||||
| |||||||
1 | this State , and participating State agencies in
their efforts | ||||||
2 | to raise the level of law enforcement by upgrading and
| ||||||
3 | maintaining a high level of training and standards for law | ||||||
4 | enforcement
executives and officers, county corrections | ||||||
5 | officers, sheriffs, and law enforcement support personnel | ||||||
6 | under this Act. It is
declared to be the responsibility of the | ||||||
7 | board to ensure the required
participation of the pertinent | ||||||
8 | local governmental units in the programs
established under | ||||||
9 | this Act, to encourage the voluntary participation of other
| ||||||
10 | local governmental units and participating State agencies, to | ||||||
11 | set standards,
develop and provide quality training and | ||||||
12 | education, and to aid in the
establishment of adequate | ||||||
13 | training facilities.
| ||||||
14 | (Source: P.A. 99-408, eff. 1-1-16 .)
| ||||||
15 | (50 ILCS 705/2) (from Ch. 85, par. 502)
| ||||||
16 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
17 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
18 | context otherwise
requires:
| ||||||
19 | "Board" means the Illinois Law Enforcement Training | ||||||
20 | Standards Board.
| ||||||
21 | "Local governmental agency" means any local governmental | ||||||
22 | unit or
municipal corporation in this State. It does not | ||||||
23 | include the State of
Illinois or any office, officer, | ||||||
24 | department, division, bureau, board,
commission, or agency of | ||||||
25 | the State, except that it does include a
State-controlled |
| |||||||
| |||||||
1 | university, college or public community college.
| ||||||
2 | "Police training school" means any school located within | ||||||
3 | the State of
Illinois whether privately or publicly owned | ||||||
4 | which offers a course in
police or county corrections training | ||||||
5 | and has been approved by the Board.
| ||||||
6 | "Probationary police officer" means a recruit law | ||||||
7 | enforcement officer
required to successfully complete initial | ||||||
8 | minimum basic training requirements
at a police training | ||||||
9 | school to be eligible for permanent full-time
employment as a | ||||||
10 | local law enforcement officer.
| ||||||
11 | "Probationary part-time police officer" means a recruit | ||||||
12 | part-time law
enforcement officer required to successfully | ||||||
13 | complete initial minimum part-time
training requirements to be | ||||||
14 | eligible for employment on a part-time basis as a
local law | ||||||
15 | enforcement officer.
| ||||||
16 | "Permanent police officer" means a law enforcement officer | ||||||
17 | who has
completed his or her probationary period and is | ||||||
18 | permanently employed on a
full-time basis as a local law | ||||||
19 | enforcement officer by a participating local
governmental unit | ||||||
20 | or as a security officer or campus policeman permanently
| ||||||
21 | employed by a participating State-controlled university, | ||||||
22 | college, or public
community college.
| ||||||
23 | "Part-time police officer" means a law enforcement officer | ||||||
24 | who has
completed his or her probationary period and is | ||||||
25 | employed on a part-time basis
as a law enforcement officer by a | ||||||
26 | participating unit of local government or as
a campus |
| |||||||
| |||||||
1 | policeman by a participating State-controlled university, | ||||||
2 | college, or
public community college.
| ||||||
3 | "Law enforcement officer" means (i) any police officer of | ||||||
4 | a local governmental
agency who is primarily responsible for
| ||||||
5 | prevention or detection of crime and the enforcement of the | ||||||
6 | criminal code,
traffic, or highway laws of this State or any | ||||||
7 | political subdivision
of this State or (ii) any member of a | ||||||
8 | police force appointed and maintained as provided in Section 2 | ||||||
9 | of the Railroad Police Act.
| ||||||
10 | "Recruit" means any full-time or part-time law
enforcement | ||||||
11 | officer or
full-time
county corrections officer who is | ||||||
12 | enrolled in an
approved training course.
| ||||||
13 | "Probationary county corrections officer" means a recruit | ||||||
14 | county
corrections officer required to successfully complete | ||||||
15 | initial minimum basic
training requirements at a police | ||||||
16 | training school to be eligible for permanent
employment on a | ||||||
17 | full-time basis as a county corrections officer.
| ||||||
18 | "Permanent county corrections officer" means a county | ||||||
19 | corrections
officer who has completed his probationary period | ||||||
20 | and is permanently employed
on a full-time basis as a county | ||||||
21 | corrections officer by a participating
local governmental | ||||||
22 | unit.
| ||||||
23 | "County corrections officer" means any sworn
officer of | ||||||
24 | the sheriff who is primarily responsible for the control and | ||||||
25 | custody
of offenders, detainees or inmates.
| ||||||
26 | "Probationary court security officer" means a recruit |
| |||||||
| |||||||
1 | court security
officer required to successfully complete | ||||||
2 | initial minimum basic training
requirements at a designated | ||||||
3 | training school to be eligible for employment as a
court | ||||||
4 | security officer.
| ||||||
5 | "Permanent court security officer" means a court security | ||||||
6 | officer who has
completed his or her probationary period and | ||||||
7 | is employed as a court
security officer by a participating | ||||||
8 | local governmental unit.
| ||||||
9 | "Court security officer" has the meaning ascribed to it in | ||||||
10 | Section 3-6012.1
of the Counties Code.
| ||||||
11 | (Source: P.A. 94-846, eff. 1-1-07.)
| ||||||
12 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
13 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
14 | context otherwise
requires:
| ||||||
15 | "Board" means the Illinois Law Enforcement Training | ||||||
16 | Standards Board.
| ||||||
17 | "Full-time law enforcement officer" means a law | ||||||
18 | enforcement officer who has completed the officer's | ||||||
19 | probationary period and is employed on a full-time basis as a | ||||||
20 | law enforcement officer by a local government agency, State | ||||||
21 | government agency, or as a campus police officer by a | ||||||
22 | participating State-controlled university, college, or public | ||||||
23 | community college. | ||||||
24 | "Law Enforcement agency" means any entity with statutory | ||||||
25 | police powers and the ability to employ individuals authorized |
| |||||||
| |||||||
1 | to make arrests. It does not include the Illinois State Police | ||||||
2 | as defined in the State Police Act. A law enforcement agency | ||||||
3 | may include any university, college, or community college. | ||||||
4 | "Governmental agency" means any local governmental agency | ||||||
5 | and any State governmental agency. | ||||||
6 | "Local law enforcement governmental agency" means any law | ||||||
7 | enforcement local governmental unit of government or
municipal | ||||||
8 | corporation in this State. It does not include the State of
| ||||||
9 | Illinois or any office, officer, department, division, bureau, | ||||||
10 | board,
commission, or agency of the State, except that it does | ||||||
11 | include a
State-controlled university, college or public | ||||||
12 | community college.
| ||||||
13 | "State law enforcement governmental agency" means any law | ||||||
14 | enforcement agency governmental unit of this State. This | ||||||
15 | includes any office, officer, department, division, bureau, | ||||||
16 | board, commission, or agency of the State. It does not include | ||||||
17 | the Illinois State Police as defined in the State Police Act. | ||||||
18 | "Panel" means the Certification Review Panel. | ||||||
19 | " Basic Police training school" means any school located | ||||||
20 | within the State of
Illinois whether privately or publicly | ||||||
21 | owned which offers a course in basic law enforcement
police or | ||||||
22 | county corrections training and has been approved by the | ||||||
23 | Board.
| ||||||
24 | "Probationary police officer" means a recruit law | ||||||
25 | enforcement officer
required to successfully complete initial | ||||||
26 | minimum basic training requirements
at a basic police training |
| |||||||
| |||||||
1 | school to be eligible for permanent full-time
employment as a | ||||||
2 | local law enforcement officer.
| ||||||
3 | "Probationary part-time police officer" means a recruit | ||||||
4 | part-time law
enforcement officer required to successfully | ||||||
5 | complete initial minimum part-time
training requirements to be | ||||||
6 | eligible for employment on a part-time basis as a
local law | ||||||
7 | enforcement officer.
| ||||||
8 | "Permanent law enforcement officer" means a law | ||||||
9 | enforcement officer who has
completed the officer's | ||||||
10 | probationary period and is permanently employed on a
full-time | ||||||
11 | basis as a local law enforcement officer , by a participating | ||||||
12 | local
governmental unit or as a security officer , or campus | ||||||
13 | police officer permanently
employed by a law enforcement | ||||||
14 | agency participating State-controlled university, college, or | ||||||
15 | public
community college .
| ||||||
16 | "Part-time law enforcement officer" means a law | ||||||
17 | enforcement officer who has
completed the officer's | ||||||
18 | probationary period and is employed on a part-time basis
as a | ||||||
19 | law enforcement officer by a participating unit of local | ||||||
20 | government or as
a campus police officer by a law enforcement | ||||||
21 | agency participating State-controlled university, college, or
| ||||||
22 | public community college .
| ||||||
23 | "Law enforcement officer" means (i) any police officer of | ||||||
24 | a law enforcement local governmental
agency who is primarily | ||||||
25 | responsible for
prevention or detection of crime and the | ||||||
26 | enforcement of the criminal code,
traffic, or highway laws of |
| |||||||
| |||||||
1 | this State or any political subdivision
of this State or (ii) | ||||||
2 | any member of a police force appointed and maintained as | ||||||
3 | provided in Section 2 of the Railroad Police Act.
| ||||||
4 | "Recruit" means any full-time or part-time law
enforcement | ||||||
5 | officer or
full-time
county corrections officer who is | ||||||
6 | enrolled in an
approved training course.
| ||||||
7 | "Review Committee" means the committee at the Board for | ||||||
8 | certification disciplinary cases in which the Panel, a law | ||||||
9 | enforcement officer, or a law enforcement agency may file for | ||||||
10 | reconsideration of a decertification decision made by the | ||||||
11 | Board. | ||||||
12 | "Probationary county corrections officer" means a recruit | ||||||
13 | county
corrections officer required to successfully complete | ||||||
14 | initial minimum basic
training requirements at a basic police | ||||||
15 | training school to be eligible for permanent
employment on a | ||||||
16 | full-time basis as a county corrections officer.
| ||||||
17 | "Permanent county corrections officer" means a county | ||||||
18 | corrections
officer who has completed the officer's | ||||||
19 | probationary period and is permanently employed
on a full-time | ||||||
20 | basis as a county corrections officer by a participating law | ||||||
21 | enforcement agency
local governmental unit .
| ||||||
22 | "County corrections officer" means any sworn
officer of | ||||||
23 | the sheriff who is primarily responsible for the control and | ||||||
24 | custody
of offenders, detainees or inmates.
| ||||||
25 | "Probationary court security officer" means a recruit | ||||||
26 | court security
officer required to successfully complete |
| |||||||
| |||||||
1 | initial minimum basic training
requirements at a designated | ||||||
2 | training school to be eligible for employment as a
court | ||||||
3 | security officer.
| ||||||
4 | "Permanent court security officer" means a court security | ||||||
5 | officer who has
completed the officer's probationary period | ||||||
6 | and is employed as a court
security officer by a participating | ||||||
7 | law enforcement agency local governmental unit .
| ||||||
8 | "Court security officer" has the meaning ascribed to it in | ||||||
9 | Section 3-6012.1
of the Counties Code.
| ||||||
10 | (Source: P.A. 101-652, eff. 1-1-22.)
| ||||||
11 | (50 ILCS 705/3) (from Ch. 85, par. 503)
| ||||||
12 | Sec. 3. Board; composition; appointments; tenure; | ||||||
13 | vacancies. Board - composition - appointments - tenure - | ||||||
14 | vacancies. | ||||||
15 | (a) The Board
shall be composed of 18 members selected as | ||||||
16 | follows: The Attorney
General of
the State of Illinois, the | ||||||
17 | Director of the Illinois State Police, the Director of
| ||||||
18 | Corrections, the Superintendent of the
Chicago Police | ||||||
19 | Department, the Sheriff of Cook County, the Clerk of the | ||||||
20 | Circuit Court of Cook County, who shall serve as ex officio | ||||||
21 | members, and the following
to be appointed by the Governor: 2 | ||||||
22 | mayors or village presidents of Illinois
municipalities, 2 | ||||||
23 | Illinois county sheriffs from counties other than Cook
County, | ||||||
24 | 2 managers of Illinois municipalities, 2 chiefs of municipal | ||||||
25 | police
departments in Illinois having no Superintendent of the |
| |||||||
| |||||||
1 | Police Department on
the Board, 2 citizens of Illinois who | ||||||
2 | shall be members of
an organized enforcement officers' | ||||||
3 | association, one active member of a statewide association | ||||||
4 | representing sheriffs, and one active member of a statewide | ||||||
5 | association representing municipal police chiefs. The | ||||||
6 | appointments of the Governor
shall be made on the first Monday | ||||||
7 | of August in 1965 with 3 of the appointments
to be for a period | ||||||
8 | of one year, 3 for 2 years, and 3 for 3 years. Their
successors | ||||||
9 | shall be appointed in like manner for terms to expire the first
| ||||||
10 | Monday of August each 3 years thereafter. All members shall | ||||||
11 | serve until their
respective successors are appointed and | ||||||
12 | qualify. Vacancies shall be filled by
the Governor for the | ||||||
13 | unexpired terms. Any ex officio member may appoint a designee | ||||||
14 | to the Board who shall have the same powers and immunities | ||||||
15 | otherwise conferred to the member of the Board, including the | ||||||
16 | power to vote and be counted toward quorum, so long as the | ||||||
17 | member is not in attendance. | ||||||
18 | (a-5) Within the Board is created a Review Committee. The | ||||||
19 | Review Committee shall review disciplinary cases in which the | ||||||
20 | Panel, the law enforcement officer, or the law enforcement | ||||||
21 | agency file for reconsideration of a decertification decision | ||||||
22 | made by the Board. The Review Committee shall be composed of 9 | ||||||
23 | annually rotating members from the Board appointed by the | ||||||
24 | Board Chairman. One member of the Review Committee shall be | ||||||
25 | designated by the Board Chairman as the Chair. The Review | ||||||
26 | Committee shall sit in 3 member panels composed of one member |
| |||||||
| |||||||
1 | representing law enforcement management, one member | ||||||
2 | representing members of law enforcement, and one member who is | ||||||
3 | not a current or former member of law enforcement. | ||||||
4 | (b) When a Board member may have an actual, perceived, or | ||||||
5 | potential conflict of interest or appearance of bias that | ||||||
6 | could prevent the Board member from making a fair and | ||||||
7 | impartial decision regarding decertification: | ||||||
8 | (1) The Board member shall recuse himself or herself. | ||||||
9 | (2) If the Board member fails to recuse himself or | ||||||
10 | herself, then the Board may, by a simple majority of the | ||||||
11 | remaining members, vote to recuse the Board member. Board | ||||||
12 | members who are found to have voted on a matter in which | ||||||
13 | they should have recused themselves may be removed from | ||||||
14 | the Board by the Governor. | ||||||
15 | A conflict of interest or appearance of bias may include, | ||||||
16 | but is not limited to, matters where one of the following is a | ||||||
17 | party to a decision on a decertification or formal complaint: | ||||||
18 | someone with whom the member has an employment relationship; | ||||||
19 | any of the following relatives: spouse, parents, children, | ||||||
20 | adopted children, legal wards, stepchildren, step parents, | ||||||
21 | step siblings, half siblings, siblings, parents-in-law, | ||||||
22 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
23 | nephews; a friend; or a member of a professional organization, | ||||||
24 | association, or a union in which the member now actively | ||||||
25 | serves. | ||||||
26 | (c) A vacancy in members does not prevent a quorum of the |
| |||||||
| |||||||
1 | remaining sitting members from exercising all rights and | ||||||
2 | performing all duties of the Board. | ||||||
3 | (d) An individual serving on the Board shall not also | ||||||
4 | serve on the Panel.
| ||||||
5 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
6 | revised 10-13-21.)
| ||||||
7 | (50 ILCS 705/3.1) | ||||||
8 | (This Section may contain text from a Public Act with a | ||||||
9 | delayed effective date ) | ||||||
10 | Sec. 3.1. Illinois Law Enforcement Certification Review | ||||||
11 | Panel. | ||||||
12 | (a) There is hereby created the Illinois Law Enforcement | ||||||
13 | Certification Review Panel. The Panel shall be composed of the | ||||||
14 | following members, to be appointed in accordance with this | ||||||
15 | Section no later than 30 days after the effective date of this | ||||||
16 | amendatory Act of the 101st General Assembly. An individual | ||||||
17 | serving on the Panel shall not also serve on the Board. | ||||||
18 | (1) The Governor shall appoint 4 3 members as | ||||||
19 | prescribed in this paragraph (1): one person who shall be | ||||||
20 | an active member from a statewide association representing | ||||||
21 | State's Attorneys; and 3 2 persons who shall be Illinois | ||||||
22 | residents who are from communities with disproportionately | ||||||
23 | high instances of interaction with law enforcement, as | ||||||
24 | indicated by a high need, underserved community with high | ||||||
25 | rates of gun violence, unemployment, child poverty, and |
| |||||||
| |||||||
1 | commitments to Illinois Department of Corrections, but who | ||||||
2 | are not themselves law enforcement officers. The initial | ||||||
3 | appointments of the Governor shall be for a period of 3 | ||||||
4 | years. Their successors shall be appointed in like manner | ||||||
5 | for terms to expire the first Monday of June each 3 years | ||||||
6 | thereafter. All members shall serve until their respective | ||||||
7 | successors are appointed and qualify. Vacancies shall be | ||||||
8 | filled by the Governor for the unexpired terms. Terms | ||||||
9 | shall run regardless of whether the position is vacant. | ||||||
10 | (2) The Attorney General shall appoint 9 8 members as | ||||||
11 | prescribed in this paragraph (2) . The membership shall | ||||||
12 | have racial, ethnic, gender, and geographic diversity and | ||||||
13 | include the following : two persons who shall be active | ||||||
14 | members of statewide organization representing more than | ||||||
15 | 20,000 active and retired law enforcement officers; one | ||||||
16 | person who shall be an active member of a statewide | ||||||
17 | organization representing more than 3,000 active and | ||||||
18 | retired law enforcement officials; one person who shall be | ||||||
19 | an active member of a statewide association representing a | ||||||
20 | minimum of 75 sheriffs; one person who shall be an active | ||||||
21 | member of a statewide association representing at least | ||||||
22 | 200 municipal police chiefs; two persons who shall be | ||||||
23 | active members of a minority law enforcement association; | ||||||
24 | one person who shall be a representative of the victims' | ||||||
25 | advocacy community but shall not be a member of law | ||||||
26 | enforcement; and one person who shall be a resident of |
| |||||||
| |||||||
1 | Illinois and shall not be an employee of the Office of the | ||||||
2 | Illinois Attorney General. The members shall serve for a | ||||||
3 | 3-year term and until their respective successors are | ||||||
4 | appointed and qualify. The members' successors shall be | ||||||
5 | appointed in like manner for terms to expire the first | ||||||
6 | Monday of June each 3 years thereafter. Any vacancy of | ||||||
7 | these positions shall be filled by the Attorney General | ||||||
8 | for the unexpired term. The term shall run regardless of | ||||||
9 | whether the position is vacant. | ||||||
10 | (b) The Panel shall annually elect by a simple majority | ||||||
11 | vote one of its members as chairperson and one of its members | ||||||
12 | as vice-chairperson. The vice-chairperson shall serve in the | ||||||
13 | place of the chairperson at any meeting of the Panel in which | ||||||
14 | the chairperson is not present. If both the chairperson and | ||||||
15 | the vice-chairperson are absent at any meeting, the members | ||||||
16 | present shall elect by a simple majority vote another member | ||||||
17 | to serve as a temporary chairperson for the limited purpose of | ||||||
18 | that meeting. No member shall be elected more than twice in | ||||||
19 | succession to the same office. Each member shall serve until | ||||||
20 | that member's successor has been elected and qualified. | ||||||
21 | (c) The Board shall provide administrative assistance to | ||||||
22 | the Panel. | ||||||
23 | (d) The members of the Panel shall serve without | ||||||
24 | compensation but shall be entitled to reimbursement for their | ||||||
25 | actual and necessary expenses in attending meetings and in the | ||||||
26 | performance of their duties hereunder. |
| |||||||
| |||||||
1 | (e) Members of the Panel will receive initial and annual | ||||||
2 | training that is adequate in quality, quantity, scope, and | ||||||
3 | type, and will cover, at minimum the following topics: | ||||||
4 | (1) constitutional and other relevant law on | ||||||
5 | police-community encounters, including the law on the use | ||||||
6 | of force and stops, searches, and arrests; | ||||||
7 | (2) police tactics; | ||||||
8 | (3) investigations of police conduct; | ||||||
9 | (4) impartial policing; | ||||||
10 | (5) policing individuals in crisis; | ||||||
11 | (6) Illinois police policies, procedures, and | ||||||
12 | disciplinary rules; | ||||||
13 | (7) procedural justice; and | ||||||
14 | (8) community outreach. | ||||||
15 | The Board shall determine the content and extent of the | ||||||
16 | training within the scope provided for by this subsection. | ||||||
17 | (f) The State shall indemnify and hold harmless members of | ||||||
18 | the Panel for all of their acts, omissions, decisions, or | ||||||
19 | other conduct
arising out of the scope of their service on the | ||||||
20 | Panel, except those involving willful or wanton misconduct. | ||||||
21 | The method of providing indemnification shall be as provided | ||||||
22 | in the State Employee Indemnification Act. | ||||||
23 | (g) When a Panel member may have an actual, perceived, or | ||||||
24 | potential conflict of interest or appearance of bias that | ||||||
25 | could prevent the Panel member from making a fair and | ||||||
26 | impartial decision on a complaint or formal complaint: |
| |||||||
| |||||||
1 | (1) The Panel member shall self- recuse himself or | ||||||
2 | herself . | ||||||
3 | (2) If the Panel member fails to self- recuse himself | ||||||
4 | or herself , then the remaining members of the Panel may, | ||||||
5 | by a simple majority, vote to recuse the Panel member. Any | ||||||
6 | Panel member who is found to have voted on a matter in | ||||||
7 | which they should have self- recused themselves may be | ||||||
8 | removed from the Panel by the State official who initially | ||||||
9 | appointed the Panel member. A conflict of interest or | ||||||
10 | appearance of bias may include, but is not limited to, | ||||||
11 | matters where one of the following is a party to a | ||||||
12 | certification decision for formal complaint: someone with | ||||||
13 | whom the member has an employment relationship; any of the | ||||||
14 | following relatives: spouse, parents, children, adopted | ||||||
15 | children, legal wards, stepchildren, stepparents, step | ||||||
16 | siblings, half siblings, siblings, parents-in-law, | ||||||
17 | siblings-in-law, children-in-law, aunts, uncles, nieces, | ||||||
18 | and nephews; a friend; or a member of a professional | ||||||
19 | organization or , association , or a union in which the | ||||||
20 | member now actively serves. | ||||||
21 | (h) A vacancy in membership does not impair the ability of | ||||||
22 | a quorum to exercise all rights and perform all duties of the | ||||||
23 | Panel.
| ||||||
24 | (i) Notwithstanding any provision of law to the contrary, | ||||||
25 | the changes made to this Section by this amendatory Act of the | ||||||
26 | 102nd General Assembly and Public Act 101-652 take effect July |
| |||||||
| |||||||
1 | 1, 2022. | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-22.)
| ||||||
3 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
4 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
5 | Sec. 6. Powers and duties of the Board; selection and | ||||||
6 | certification of schools. The Board shall select
and certify | ||||||
7 | schools within the State of
Illinois for the purpose of | ||||||
8 | providing basic training for probationary
police officers, | ||||||
9 | probationary county corrections officers, and
court security | ||||||
10 | officers and
of providing advanced or in-service training for | ||||||
11 | permanent police officers
or permanent
county corrections | ||||||
12 | officers, which schools may be either publicly or
privately | ||||||
13 | owned and operated. In addition, the Board has the following
| ||||||
14 | power and duties:
| ||||||
15 | a. To require local governmental units to furnish such | ||||||
16 | reports and
information as the Board deems necessary to | ||||||
17 | fully implement this Act.
| ||||||
18 | b. To establish appropriate mandatory minimum | ||||||
19 | standards
relating to the training of probationary local | ||||||
20 | law enforcement officers
or probationary county | ||||||
21 | corrections officers, and in-service training of permanent | ||||||
22 | police officers.
| ||||||
23 | c. To provide appropriate certification to those | ||||||
24 | probationary
officers who successfully complete the | ||||||
25 | prescribed minimum standard basic
training course.
|
| |||||||
| |||||||
1 | d. To review and approve annual training curriculum | ||||||
2 | for county sheriffs.
| ||||||
3 | e. To review and approve applicants to ensure that no | ||||||
4 | applicant is admitted
to a certified academy unless the | ||||||
5 | applicant is a person of good character
and has not been | ||||||
6 | convicted of, or entered a plea of guilty to, a felony | ||||||
7 | offense, any of the
misdemeanors in Sections 11-1.50, | ||||||
8 | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||||||
9 | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||||||
10 | of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
11 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
13 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
15 | the Cannabis Control Act, or a crime involving
moral
| ||||||
16 | turpitude under the laws of this State or any other state | ||||||
17 | which if
committed in this State would be punishable as a | ||||||
18 | felony or a crime of
moral turpitude. The Board may | ||||||
19 | appoint investigators who shall enforce
the duties | ||||||
20 | conferred upon the Board by this Act.
| ||||||
21 | (Source: P.A. 101-187, eff. 1-1-20 .) | ||||||
22 | (Text of Section after amendment by P.A. 101-652, Article | ||||||
23 | 10, Section 10-143 but before amendment by P.A. 101-652, | ||||||
24 | Article 25, Section 25-40 ) | ||||||
25 | Sec. 6. Powers and duties of the Board; selection and |
| |||||||
| |||||||
1 | certification of schools. The Board shall select
and certify | ||||||
2 | schools within the State of
Illinois for the purpose of | ||||||
3 | providing basic training for probationary
police officers, | ||||||
4 | probationary county corrections officers, and
court security | ||||||
5 | officers and
of providing advanced or in-service training for | ||||||
6 | permanent police officers
or permanent
county corrections | ||||||
7 | officers, which schools may be either publicly or
privately | ||||||
8 | owned and operated. In addition, the Board has the following
| ||||||
9 | power and duties:
| ||||||
10 | a. To require local governmental units to furnish such | ||||||
11 | reports and
information as the Board deems necessary to | ||||||
12 | fully implement this Act.
| ||||||
13 | b. To establish appropriate mandatory minimum | ||||||
14 | standards
relating to the training of probationary local | ||||||
15 | law enforcement officers
or probationary county | ||||||
16 | corrections officers, and in-service training of permanent | ||||||
17 | police officers.
| ||||||
18 | c. To provide appropriate certification to those | ||||||
19 | probationary
officers who successfully complete the | ||||||
20 | prescribed minimum standard basic
training course.
| ||||||
21 | d. To review and approve annual training curriculum | ||||||
22 | for county sheriffs.
| ||||||
23 | e. To review and approve applicants to ensure that no | ||||||
24 | applicant is admitted
to a certified academy unless the | ||||||
25 | applicant is a person of good character
and has not been | ||||||
26 | convicted of, or entered a plea of guilty to, a felony |
| |||||||
| |||||||
1 | offense, any of the
misdemeanors in Sections 11-1.50, | ||||||
2 | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||||||
3 | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||||||
4 | of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
5 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
7 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
9 | the Cannabis Control Act, or a crime involving
moral
| ||||||
10 | turpitude under the laws of this State or any other state | ||||||
11 | which if
committed in this State would be punishable as a | ||||||
12 | felony or a crime of
moral turpitude. The Board may | ||||||
13 | appoint investigators who shall enforce
the duties | ||||||
14 | conferred upon the Board by this Act.
| ||||||
15 | f. To establish statewide standards for minimum | ||||||
16 | standards regarding regular mental health screenings for | ||||||
17 | probationary and permanent police officers, ensuring that | ||||||
18 | counseling sessions and screenings remain confidential. | ||||||
19 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||||||
20 | Section 10-143, eff. 7-1-21.) | ||||||
21 | (Text of Section after amendment by P.A. 101-652, Article | ||||||
22 | 25, Section 25-40 )
| ||||||
23 | Sec. 6. Powers and duties of the Board; selection and | ||||||
24 | certification of schools. The Board shall select
and certify | ||||||
25 | schools within the State of
Illinois for the purpose of |
| |||||||
| |||||||
1 | providing basic training for probationary law enforcement
| ||||||
2 | officers, probationary county corrections officers, and
court | ||||||
3 | security officers and
of providing advanced or in-service | ||||||
4 | training for permanent law enforcement officers
or permanent
| ||||||
5 | county corrections officers, which schools may be either | ||||||
6 | publicly or
privately owned and operated. In addition, the | ||||||
7 | Board has the following
power and duties:
| ||||||
8 | a. To require law enforcement agencies local | ||||||
9 | governmental units, to furnish such reports and
| ||||||
10 | information as the Board deems necessary to fully | ||||||
11 | implement this Act.
| ||||||
12 | b. To establish appropriate mandatory minimum | ||||||
13 | standards
relating to the training of probationary local | ||||||
14 | law enforcement officers
or probationary county | ||||||
15 | corrections officers, and in-service training of permanent | ||||||
16 | law enforcement officers.
| ||||||
17 | c. To provide appropriate certification to those | ||||||
18 | probationary
officers who successfully complete the | ||||||
19 | prescribed minimum standard basic
training course.
| ||||||
20 | d. To review and approve annual training curriculum | ||||||
21 | for county sheriffs.
| ||||||
22 | e. To review and approve applicants to ensure that no | ||||||
23 | applicant is admitted
to a certified academy unless the | ||||||
24 | applicant is a person of good character
and has not been | ||||||
25 | convicted of, found guilty of, or entered a plea of guilty | ||||||
26 | to, or entered a plea of nolo contendere to a felony |
| |||||||
| |||||||
1 | offense, any of the
misdemeanors in Sections 11-1.50, | ||||||
2 | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | ||||||
3 | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | ||||||
4 | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
5 | violation of any Section of Part E of Title III of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
7 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
9 | the Cannabis Control Act, or a crime involving
moral
| ||||||
10 | turpitude under the laws of this State or any other state | ||||||
11 | which if
committed in this State would be punishable as a | ||||||
12 | felony or a crime of
moral turpitude, or any felony or | ||||||
13 | misdemeanor in violation of federal law or the law of any | ||||||
14 | state that is the equivalent of any of the offenses | ||||||
15 | specified therein. The Board may appoint investigators who | ||||||
16 | shall enforce
the duties conferred upon the Board by this | ||||||
17 | Act.
| ||||||
18 | For purposes of this paragraph e, a person is | ||||||
19 | considered to have been convicted of, found guilty of, or | ||||||
20 | entered a plea of guilty to, plea of nolo contendere to | ||||||
21 | regardless of whether the adjudication of guilt or | ||||||
22 | sentence is withheld or not entered thereon. This includes | ||||||
23 | sentences of supervision, conditional discharge, or first | ||||||
24 | offender probation, or any similar disposition provided | ||||||
25 | for by law. | ||||||
26 | f. To establish statewide standards for minimum |
| |||||||
| |||||||
1 | standards regarding regular mental health screenings for | ||||||
2 | probationary and permanent police officers, ensuring that | ||||||
3 | counseling sessions and screenings remain confidential. | ||||||
4 | f. For purposes of this paragraph (e), a person is | ||||||
5 | considered to have been "convicted of, found guilty of, or | ||||||
6 | entered a plea of guilty to, plea of nolo contendere to" | ||||||
7 | regardless of whether the adjudication of guilt or | ||||||
8 | sentence is withheld or not entered thereon. This includes | ||||||
9 | sentences of supervision, conditional discharge, or first | ||||||
10 | offender probation, or any similar disposition provided | ||||||
11 | for by law. | ||||||
12 | g. To review and ensure all law enforcement officers | ||||||
13 | remain in compliance with this Act, and any administrative | ||||||
14 | rules adopted under this Act. | ||||||
15 | h. To suspend any certificate for a definite period, | ||||||
16 | limit or restrict any certificate, or revoke any | ||||||
17 | certificate. | ||||||
18 | i. The Board and the Panel shall have power to secure | ||||||
19 | by its subpoena and bring before it any person or entity in | ||||||
20 | this State and to take testimony either orally or by | ||||||
21 | deposition or both with the same fees and mileage and in | ||||||
22 | the same manner as prescribed by law in judicial | ||||||
23 | proceedings in civil cases in circuit courts of this | ||||||
24 | State. The Board and the Panel shall also have the power to | ||||||
25 | subpoena the production of documents, papers, files, | ||||||
26 | books, documents, and records, whether in physical or |
| |||||||
| |||||||
1 | electronic form, in support of the charges and for | ||||||
2 | defense, and in connection with a hearing or | ||||||
3 | investigation. | ||||||
4 | j. The Executive Director, the administrative law | ||||||
5 | judge designated by the Executive Director, and each | ||||||
6 | member of the Board and the Panel shall have the power to | ||||||
7 | administer oaths to witnesses at any hearing that the | ||||||
8 | Board is authorized to conduct under this Act and any | ||||||
9 | other oaths required or authorized to be administered by | ||||||
10 | the Board under this Act. | ||||||
11 | k. In case of the neglect or refusal of any person to | ||||||
12 | obey a subpoena issued by the Board and the Panel, any | ||||||
13 | circuit court, upon application of the Board and the | ||||||
14 | Panel, through the Illinois Attorney General, may order | ||||||
15 | such person to appear before the Board and the Panel give | ||||||
16 | testimony or produce evidence, and any failure to obey | ||||||
17 | such order is punishable by the court as a contempt | ||||||
18 | thereof. This order may be served by personal delivery, by | ||||||
19 | email, or by mail to the address of record or email address | ||||||
20 | of record. | ||||||
21 | l. The Board shall have the power to administer state | ||||||
22 | certification examinations. Any and all records related to | ||||||
23 | these examinations, including , but not limited to , test | ||||||
24 | questions, test formats, digital files, answer responses, | ||||||
25 | answer keys, and scoring information shall be exempt from | ||||||
26 | disclosure. |
| |||||||
| |||||||
1 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||||||
2 | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||||||
3 | 25-40, eff. 1-1-22; revised 4-26-21.) | ||||||
4 | (50 ILCS 705/6.1)
| ||||||
5 | Sec. 6.1. Automatic decertification of full-time and | ||||||
6 | part-time law enforcement officers.
| ||||||
7 | (a) The Board must review law enforcement officer conduct | ||||||
8 | and records to ensure that
no law enforcement
officer is | ||||||
9 | certified
or provided a valid waiver if that law enforcement | ||||||
10 | officer has been convicted of, found guilty of, entered a plea | ||||||
11 | of guilty to, or entered a plea of nolo contendere to, a
felony | ||||||
12 | offense under the laws of this
State or any other state which | ||||||
13 | if committed in this State would be punishable
as a felony. The | ||||||
14 | Board must also
ensure that no law enforcement officer is | ||||||
15 | certified or provided a valid waiver if that law enforcement
| ||||||
16 | officer has been convicted of, found guilty of, or entered a | ||||||
17 | plea of guilty to, on or
after January 1, 2022 ( the effective | ||||||
18 | date of Public Act 101-652) this amendatory Act of the 101st | ||||||
19 | General Assembly of any misdemeanor
specified in this Section | ||||||
20 | or if
committed in any other state would be an offense similar | ||||||
21 | to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-9.1B, | ||||||
22 | 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, | ||||||
23 | 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any | ||||||
24 | misdemeanor in violation of any Section of Part E of Title III | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of 2012, or |
| |||||||
| |||||||
1 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||||||
3 | Cannabis Control Act, or any felony or misdemeanor in | ||||||
4 | violation of federal law or the law of any state that is the | ||||||
5 | equivalent of any of the offenses specified therein. The Board | ||||||
6 | must appoint investigators to
enforce the duties conferred | ||||||
7 | upon the
Board by this Act.
| ||||||
8 | (a-1) For purposes of this Section, a person is "convicted | ||||||
9 | of, or entered a plea of guilty to, plea of nolo contendere to, | ||||||
10 | found guilty of" regardless of whether the adjudication of | ||||||
11 | guilt or sentence is withheld or not entered thereon. This | ||||||
12 | includes sentences of supervision, conditional discharge, or | ||||||
13 | first offender probation, or any similar disposition provided | ||||||
14 | for by law. | ||||||
15 | (b) It is the responsibility of the sheriff or the chief | ||||||
16 | executive officer
of every law enforcement governmental
agency | ||||||
17 | or department within this State to report to the Board any | ||||||
18 | arrest,
conviction, finding of guilt, plea of guilty, or plea | ||||||
19 | of nolo contendere to, of any officer for an
offense | ||||||
20 | identified in this Section, regardless of whether the | ||||||
21 | adjudication of guilt or sentence is withheld or not entered | ||||||
22 | thereon, this includes sentences of supervision, conditional | ||||||
23 | discharge, or first offender probation.
| ||||||
24 | (c) It is the duty and responsibility of every full-time | ||||||
25 | and part-time law enforcement
officer in this State to report | ||||||
26 | to
the Board within 14 days, and the officer's sheriff or chief |
| |||||||
| |||||||
1 | executive officer,
of the officer's arrest, conviction, found | ||||||
2 | guilty of, or plea of guilty for
an offense identified in this | ||||||
3 | Section. Any full-time or part-time law enforcement
officer | ||||||
4 | who knowingly makes, submits,
causes to be submitted, or files | ||||||
5 | a false or untruthful report to the Board must
have the | ||||||
6 | officer's certificate or waiver
immediately decertified or | ||||||
7 | revoked.
| ||||||
8 | (d) Any person, or a local or State agency, or the Board is | ||||||
9 | immune from
liability for submitting,
disclosing, or releasing | ||||||
10 | information of arrests, convictions, or pleas of guilty in | ||||||
11 | this Section
as long as the information is
submitted, | ||||||
12 | disclosed, or released in good faith and without malice. The | ||||||
13 | Board
has qualified immunity for the
release of the | ||||||
14 | information.
| ||||||
15 | (e) Any full-time or part-time law enforcement officer | ||||||
16 | with a certificate or waiver
issued by the Board who is
| ||||||
17 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
18 | or entered a plea of nolo contendere to any offense described | ||||||
19 | in this Section immediately becomes
decertified or no longer | ||||||
20 | has a valid
waiver. The decertification and invalidity of | ||||||
21 | waivers occurs as a matter of
law. Failure of a convicted | ||||||
22 | person to
report to the Board the officer's conviction as | ||||||
23 | described in this Section or any
continued law enforcement | ||||||
24 | practice
after receiving a conviction is a Class 4 felony.
| ||||||
25 | For purposes of this Section, a person is considered to | ||||||
26 | have been "convicted of, found guilty of, or entered a plea of |
| |||||||
| |||||||
1 | guilty to, plea of nolo contendere to" regardless of whether | ||||||
2 | the adjudication of guilt or sentence is withheld or not | ||||||
3 | entered thereon, including sentences of supervision, | ||||||
4 | conditional discharge, first offender probation, or any | ||||||
5 | similar disposition as provided for by law. | ||||||
6 | (f) The Board's investigators shall be law enforcement | ||||||
7 | officers as defined in Section 2 of this Act. The Board shall | ||||||
8 | not waive the training requirement unless the investigator has | ||||||
9 | had a minimum of 5 years experience as a sworn officer of a | ||||||
10 | local, State, or federal law enforcement agency. An | ||||||
11 | investigator shall not have been terminated for good cause, | ||||||
12 | decertified, had his or her law enforcement license or | ||||||
13 | certificate revoked in this or any other jurisdiction, or been | ||||||
14 | convicted of any of the conduct listed in subsection (a). Any | ||||||
15 | complaint filed against the Board's investigators shall be | ||||||
16 | investigated by the Illinois State Police.
| ||||||
17 | (g) The Board must request and receive information and | ||||||
18 | assistance from any
federal, state, or local , or private | ||||||
19 | enforcement
governmental agency as part of the authorized | ||||||
20 | criminal background
investigation. The Illinois State Police | ||||||
21 | must process, retain, and
additionally
provide
and disseminate | ||||||
22 | information to the Board concerning criminal charges, arrests,
| ||||||
23 | convictions, and their disposition, that have
been filed | ||||||
24 | against a basic academy applicant, law enforcement
applicant, | ||||||
25 | or law enforcement officer whose fingerprint identification | ||||||
26 | cards
are on file or maintained by the Illinois State Police. |
| |||||||
| |||||||
1 | The Federal
Bureau
of
Investigation must provide the Board any | ||||||
2 | criminal history record information
contained in its files | ||||||
3 | pertaining to law
enforcement officers or any applicant to a | ||||||
4 | Board certified basic law
enforcement academy as described in | ||||||
5 | this Act
based on fingerprint identification. The Board must | ||||||
6 | make payment of fees to the
Illinois State Police for each
| ||||||
7 | fingerprint card submission in conformance with the | ||||||
8 | requirements of paragraph
22 of Section 55a of the Civil
| ||||||
9 | Administrative Code of Illinois.
| ||||||
10 | (g-5) Notwithstanding any provision of law to the | ||||||
11 | contrary, the changes to this Section made by this amendatory
| ||||||
12 | Act of the 102nd General Assembly and Public Act 101-652 shall
| ||||||
13 | apply prospectively only from July 1, 2022. | ||||||
14 | (h) (Blank).
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) (Blank).
| ||||||
17 | (k) (Blank).
| ||||||
18 | (l) (Blank).
| ||||||
19 | (m) (Blank).
| ||||||
20 | (n) (Blank).
| ||||||
21 | (o) (Blank).
| ||||||
22 | (p) (Blank).
| ||||||
23 | (q) (Blank).
| ||||||
24 | (r) (Blank).
| ||||||
25 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
26 | 102-538, eff. 8-20-21; revised 10-13-21.)
|
| |||||||
| |||||||
1 | (50 ILCS 705/6.2)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2022) | ||||||
3 | Sec. 6.2. Officer professional conduct database. In order | ||||||
4 | to ensure the continuing effectiveness of this
Section, it is | ||||||
5 | set forth in full and reenacted by this amendatory
Act of the | ||||||
6 | 102nd General Assembly. This
reenactment is intended as a | ||||||
7 | continuation of this Section. This
reenactment is
not intended | ||||||
8 | to supersede any amendment to this Section that may be
made by | ||||||
9 | any other Public Act of the 102nd General Assembly.
| ||||||
10 | (a) All law enforcement agencies shall notify the Board of | ||||||
11 | any final determination of willful violation of department or | ||||||
12 | agency policy, official misconduct, or violation of law when:
| ||||||
13 | (1) the officer is discharged or dismissed as a result | ||||||
14 | of the violation; or
| ||||||
15 | (2) the officer resigns during the course of an | ||||||
16 | investigation and after the officer has been served notice | ||||||
17 | that he or she is under investigation that is based on the | ||||||
18 | commission of any felony or sex offense.
| ||||||
19 | The agency shall report to the Board within 30 days of a | ||||||
20 | final decision of discharge or dismissal and final exhaustion | ||||||
21 | of any appeal, or resignation, and shall provide information | ||||||
22 | regarding the nature of the violation.
| ||||||
23 | (b) Upon receiving notification from a law enforcement | ||||||
24 | agency, the Board must notify the law enforcement officer of | ||||||
25 | the report and his or her right to provide a statement |
| |||||||
| |||||||
1 | regarding the reported violation. | ||||||
2 | (c) The Board shall maintain a database readily available | ||||||
3 | to any chief administrative officer, or his or her designee, | ||||||
4 | of a law enforcement agency or any State's Attorney that shall | ||||||
5 | show each reported instance, including the name of the | ||||||
6 | officer, the nature of the violation, reason for the final | ||||||
7 | decision of discharge or dismissal, and any statement provided | ||||||
8 | by the officer.
| ||||||
9 | (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652, | ||||||
10 | Article 25, Section 25-45, eff. 1-1-22.) | ||||||
11 | (50 ILCS 705/6.3) | ||||||
12 | (This Section may contain text from a Public Act with a | ||||||
13 | delayed effective date ) | ||||||
14 | Sec. 6.3. Discretionary decertification of full-time and | ||||||
15 | part-time law enforcement officers. | ||||||
16 | (a) Definitions. For purposes of this Section 6.3: | ||||||
17 | "Duty to intervene" means an obligation to intervene to | ||||||
18 | prevent harm from occurring that arises when: an officer is | ||||||
19 | present, and has reason to know (1) that excessive force is | ||||||
20 | being used or that any constitutional violation has been | ||||||
21 | committed by a law enforcement official; and (2) the officer | ||||||
22 | has a realistic opportunity to intervene. This duty applies | ||||||
23 | equally to supervisory and nonsupervisory officers. If aid is | ||||||
24 | required, the officer shall not, when reasonable to administer | ||||||
25 | aid, knowingly and willingly refuse to render aid as defined |
| |||||||
| |||||||
1 | by State or federal law. An officer does not violate this duty | ||||||
2 | if the failure to render aid is due to circumstances such as | ||||||
3 | lack of appropriate specialized training, lack of resources or | ||||||
4 | equipment, or if it is unsafe or impracticable to render aid. | ||||||
5 | "Excessive use of force" means using force in violation of | ||||||
6 | State or federal law. | ||||||
7 | "False statement" means (1) any knowingly false statement | ||||||
8 | provided on a form or report, (2) that the writer does not | ||||||
9 | believe to be true, and (3) that the writer includes to mislead | ||||||
10 | a public servant in performing the public servant's official | ||||||
11 | functions. | ||||||
12 | "Perjury" means that as defined under Sections 32-2 and | ||||||
13 | 32-3 of the Criminal Code of 2012. | ||||||
14 | "Tampers with or fabricates evidence" means if a law | ||||||
15 | enforcement officer (1) has reason to believe that an official | ||||||
16 | proceeding is pending or may be instituted, and (2) alters, | ||||||
17 | destroys, conceals, or removes any record, document, data, | ||||||
18 | video or thing to impair its validity or availability in the | ||||||
19 | proceeding. | ||||||
20 | (b) Decertification conduct.
The Board has the authority | ||||||
21 | to decertify a full-time or a part-time law enforcement | ||||||
22 | officer upon a determination by the Board that the law | ||||||
23 | enforcement officer has: | ||||||
24 | (1) committed an act that would constitute a felony or | ||||||
25 | misdemeanor which could serve as basis for automatic | ||||||
26 | decertification, whether or not the law enforcement |
| |||||||
| |||||||
1 | officer was criminally prosecuted, and whether or not the | ||||||
2 | law enforcement officer's employment was terminated; | ||||||
3 | (2) exercised excessive use of force; | ||||||
4 | (3) failed to comply with the officer's duty to | ||||||
5 | intervene, including through acts or omissions; | ||||||
6 | (4) tampered with a dash camera or body-worn camera or | ||||||
7 | data recorded by a dash camera or body-worn camera or | ||||||
8 | directed another to tamper with or turn off a dash camera | ||||||
9 | or body-worn camera or data recorded by a dash camera or | ||||||
10 | body-worn camera for the purpose of concealing, destroying | ||||||
11 | or altering potential evidence; | ||||||
12 | (5) engaged in the following conduct relating to the | ||||||
13 | reporting, investigation, or prosecution of a crime: | ||||||
14 | committed perjury, made a false statement, or knowingly | ||||||
15 | tampered with or fabricated evidence; and | ||||||
16 | (6) engaged in any unprofessional, unethical, | ||||||
17 | deceptive, or deleterious conduct or practice harmful to | ||||||
18 | the public; such conduct or practice need not have | ||||||
19 | resulted in actual injury to any person. As used in this | ||||||
20 | paragraph, the term "unprofessional conduct" shall include | ||||||
21 | any departure from, or failure to conform to, the minimal | ||||||
22 | standards of acceptable and prevailing practice of an | ||||||
23 | officer. | ||||||
24 | (b-5) The Board has the authority to decertify a full-time | ||||||
25 | or part-time law enforcement officer notwithstanding whether a | ||||||
26 | law enforcement agency takes disciplinary action against a law |
| |||||||
| |||||||
1 | enforcement officer for the same underlying conduct as | ||||||
2 | outlined in subsection (b). | ||||||
3 | (c) Notice of Alleged Violation. | ||||||
4 | (1) The following individuals and agencies shall | ||||||
5 | notify the Board within 7 days of becoming aware of any | ||||||
6 | violation described in subsection (b): | ||||||
7 | (A) A law enforcement governmental agency as | ||||||
8 | defined in Section 2
or any law enforcement officer of | ||||||
9 | this State. For this subsection (c), law enforcement | ||||||
10 | governmental agency includes, but is not limited to, a | ||||||
11 | civilian review board,
an inspector general, and legal | ||||||
12 | counsel for a law enforcement
government agency. | ||||||
13 | (B) The Executive Director of the Board; | ||||||
14 | (C) A State's Attorney's Office of this State. | ||||||
15 | "Becoming aware" does not include confidential | ||||||
16 | communications between agency lawyers and agencies | ||||||
17 | regarding legal advice. For purposes of this subsection, | ||||||
18 | " law enforcement governmental agency" does not include the | ||||||
19 | Illinois
Attorney General when providing legal | ||||||
20 | representation to a law enforcement officer under the | ||||||
21 | State Employee Indemnification Act. | ||||||
22 | (2) Any person may also notify the Board of any | ||||||
23 | conduct the person believes a law enforcement officer has | ||||||
24 | committed as described in subsection (b). Such | ||||||
25 | notifications may be made confidentially. Notwithstanding | ||||||
26 | any other provision in state law or any collective |
| |||||||
| |||||||
1 | bargaining agreement, the Board shall accept notice and | ||||||
2 | investigate any allegations from individuals who remain | ||||||
3 | confidential. | ||||||
4 | (3) Upon written request, the Board shall disclose to | ||||||
5 | the individual or entity who filed a notice of violation | ||||||
6 | the status of the Board's review. | ||||||
7 | (d) Form. The notice of violation reported under | ||||||
8 | subsection (c) shall be on a form prescribed by the Board in | ||||||
9 | its rules. The form shall be publicly available by paper and | ||||||
10 | electronic means. The form shall include fields for the | ||||||
11 | following information, at a minimum: | ||||||
12 | (1) the full name, address, and telephone number of | ||||||
13 | the
person submitting the notice; | ||||||
14 | (2) if submitted under subsection (c)(1), the agency | ||||||
15 | name
and title of the person submitting the notice; | ||||||
16 | (3) the full name, badge number, employing | ||||||
17 | governmental agency, and physical description of the | ||||||
18 | officer, if known; | ||||||
19 | (4) the full name or names, address or addresses, | ||||||
20 | telephone number or numbers, and physical description or | ||||||
21 | descriptions of any witnesses, if known; | ||||||
22 | (5) a concise statement of facts that describe the | ||||||
23 | alleged violation and any copies of supporting evidence | ||||||
24 | including but not limited to any photographic, video, or | ||||||
25 | audio recordings of the incident; | ||||||
26 | (6) whether the person submitting the notice has |
| |||||||
| |||||||
1 | notified any other agency; and | ||||||
2 | (7) an option for an individual, who submits directly | ||||||
3 | to the Board, to consent to have the individual's identity | ||||||
4 | disclosed. The identity of any individual providing | ||||||
5 | information or reporting any possible or alleged violation | ||||||
6 | to the Board shall be kept confidential and may not be | ||||||
7 | disclosed without the consent of that individual, unless | ||||||
8 | the individual consents to disclosure of the individual's | ||||||
9 | name or disclosure of the individual's identity is | ||||||
10 | otherwise required by law. The confidentiality granted by | ||||||
11 | this subsection does not preclude the disclosure of the | ||||||
12 | identity of a person in any capacity other than as the | ||||||
13 | source of an allegation. | ||||||
14 | (a) The identity of any individual providing | ||||||
15 | information or reporting any possible or alleged | ||||||
16 | violation to the Board shall be kept confidential and | ||||||
17 | may not be disclosed without the consent of that | ||||||
18 | individual, unless the individual consents to | ||||||
19 | disclosure of the individual's name or disclosure of | ||||||
20 | the individual's identity is otherwise required by | ||||||
21 | law. The confidentiality granted by this subsection | ||||||
22 | does not preclude the disclosure of the identity of a | ||||||
23 | person in any capacity other than as the source of an | ||||||
24 | allegation. | ||||||
25 | Nothing in this subsection (d) shall preclude the Board | ||||||
26 | from receiving, investigating, or acting upon allegations made |
| |||||||
| |||||||
1 | confidentially or in a format different from the form provided | ||||||
2 | for in this subsection. | ||||||
3 | (e) Preliminary review. | ||||||
4 | (1) The Board shall complete a preliminary review of | ||||||
5 | the allegations to determine whether there is sufficient | ||||||
6 | information to warrant a further investigation of any | ||||||
7 | violations of the Act. Upon initiating a preliminary | ||||||
8 | review of the allegations, the Board shall notify the head | ||||||
9 | of the law enforcement governmental agency that employs | ||||||
10 | the law enforcement officer who is the subject of the | ||||||
11 | allegations. At the request of the Board, the law | ||||||
12 | enforcement governmental agency must submit any copies of | ||||||
13 | investigative findings, evidence, or documentation to the | ||||||
14 | Board in accordance with rules adopted by the Board to | ||||||
15 | facilitate the Board's preliminary review. The Board may | ||||||
16 | correspond with the law enforcement governmental agency, | ||||||
17 | official records clerks or any investigative agencies in | ||||||
18 | conducting its preliminary review. | ||||||
19 | (2) During the preliminary review, the Board will take | ||||||
20 | all reasonable steps to discover any and all objective | ||||||
21 | verifiable evidence relevant to the alleged violation | ||||||
22 | through the identification, retention, review, and | ||||||
23 | analysis of all currently available evidence, including, | ||||||
24 | but not limited to: all time-sensitive evidence, audio and | ||||||
25 | video evidence, physical evidence, arrest reports, | ||||||
26 | photographic evidence, GPS records, computer data, lab |
| |||||||
| |||||||
1 | reports, medical documents, and witness interviews. All | ||||||
2 | reasonable steps will be taken to preserve relevant | ||||||
3 | evidence identified during the preliminary investigation. | ||||||
4 | (3) If after a preliminary review of the alleged | ||||||
5 | violation or violations, the Board believes there is | ||||||
6 | sufficient information to warrant further investigation of | ||||||
7 | any violations of this Act, the alleged violation or | ||||||
8 | violations shall be assigned for investigation in | ||||||
9 | accordance with subsection (f). | ||||||
10 | (4) If after a review of the allegations, the Board | ||||||
11 | believes there is insufficient information supporting the | ||||||
12 | allegations to warrant further investigation, it may close | ||||||
13 | a notice. Notification of the Board's decision to close a | ||||||
14 | notice shall be sent to all relevant individuals, | ||||||
15 | agencies, and any entities that received notice of the | ||||||
16 | violation under subsection (c) within 30 days of the | ||||||
17 | notice being closed, except in cases where the notice is | ||||||
18 | submitted anonymously if the complainant is unknown. | ||||||
19 | (5) Except when the Board has received notice under | ||||||
20 | subparagraph (A) of paragraph (1) of subsection (c), no | ||||||
21 | later than 30 days after receiving notice, the Board shall | ||||||
22 | report any notice of violation it
receives to the relevant | ||||||
23 | law enforcement governmental agency, unless reporting the | ||||||
24 | notice would jeopardize any subsequent investigation. The | ||||||
25 | Board shall also record any notice of violation it | ||||||
26 | receives to the Officer Professional Conduct Database in |
| |||||||
| |||||||
1 | accordance with Section 9.2. The Board shall report to the | ||||||
2 | appropriate State's Attorney any alleged violations that | ||||||
3 | contain allegations, claims, or factual assertions that, | ||||||
4 | if true, would constitute a violation of Illinois law. The | ||||||
5 | Board shall inform the law enforcement officer via | ||||||
6 | certified mail that it has received a notice of violation | ||||||
7 | against the law enforcement officer. | ||||||
8 | If the Board determines that due to the circumstances | ||||||
9 | and the nature of the allegation that it would not be | ||||||
10 | prudent to notify the law enforcement officer and the | ||||||
11 | officer's law enforcement governmental agency unless and | ||||||
12 | until the filing of a Formal Complaint, the Board shall | ||||||
13 | document in the file the reason or reasons a notification | ||||||
14 | was not made. | ||||||
15 | (6) If the law enforcement officer is involved in a | ||||||
16 | criminal proceeding on the same subject as the notice of | ||||||
17 | violation has been initiated against the law enforcement | ||||||
18 | officer , the Board is responsible for maintaining a | ||||||
19 | current status report including court dates, hearings, | ||||||
20 | pleas, adjudication status and sentencing. A State's | ||||||
21 | Attorney's Office must notify is responsible for notifying | ||||||
22 | the Board of any criminal charges filed against a law | ||||||
23 | enforcement officer , and must provide updates of | ||||||
24 | significant developments to the Board in a timely manner | ||||||
25 | but no later than 30 days after such developments . | ||||||
26 | (f) Investigations; requirements. Investigations are to be |
| |||||||
| |||||||
1 | assigned after a preliminary review, unless the investigations | ||||||
2 | were closed under paragraph (4) of subsection (e), as follows | ||||||
3 | in paragraphs (1), (2), and (3) of this subsection (f). | ||||||
4 | (1) A law enforcement governmental agency that submits | ||||||
5 | a notice of violation to the Board under subparagraph (A) | ||||||
6 | of paragraph (1) of subsection (c) shall be responsible | ||||||
7 | for conducting an investigation of the underlying | ||||||
8 | allegations except when: (i) the law enforcement | ||||||
9 | governmental agency refers the notice to another law | ||||||
10 | enforcement governmental agency or the Board for | ||||||
11 | investigation and such other agency or the Board agrees to | ||||||
12 | conduct the investigation; (ii) an external, independent, | ||||||
13 | or civilian oversight agency conducts the investigation in | ||||||
14 | accordance with local ordinance or other applicable law; | ||||||
15 | or (iii) the Board has determined that it will conduct the | ||||||
16 | investigation based upon the facts and circumstances of | ||||||
17 | the alleged violation, including but not limited to, | ||||||
18 | investigations regarding the Chief or Sheriff of a law | ||||||
19 | enforcement governmental agency, familial conflict of | ||||||
20 | interests, complaints involving a substantial portion of a | ||||||
21 | law enforcement governmental agency, or complaints | ||||||
22 | involving a policy of a law enforcement governmental | ||||||
23 | agency. Any agency or entity conducting an investigation | ||||||
24 | under this paragraph (1) shall submit quarterly reports to | ||||||
25 | the Board regarding the progress of the investigation. The | ||||||
26 | quarterly report shall be reviewed by the individual or |
| |||||||
| |||||||
1 | individuals at the Board who conducted the preliminary | ||||||
2 | review, if available. | ||||||
3 | Any agency or entity conducting an investigation under | ||||||
4 | this paragraph (1) shall, within 7 days of completing an | ||||||
5 | investigation, deliver an Investigative Summary Report and | ||||||
6 | copies of any administrative evidence to the Board. If the | ||||||
7 | Board finds an investigation conducted under this | ||||||
8 | paragraph (1) is incomplete, unsatisfactory, or deficient | ||||||
9 | in any way, the Board may direct the investigating entity | ||||||
10 | or agency to take any additional investigative steps | ||||||
11 | deemed necessary to thoroughly and satisfactorily complete | ||||||
12 | the investigation, or the Board may take any steps | ||||||
13 | necessary to complete the investigation. The investigating | ||||||
14 | entity or agency or, when necessary, the Board will then | ||||||
15 | amend and re-submit the Investigative Summary Report to | ||||||
16 | the Board for approval. | ||||||
17 | The Board shall submit a report to the investigating | ||||||
18 | entity disclosing the name, address, and telephone numbers | ||||||
19 | of persons who have knowledge of facts which are the | ||||||
20 | subject of the investigation and identifying the subject | ||||||
21 | matter of their knowledge. | ||||||
22 | (2) The Board shall investigate and complete an
| ||||||
23 | Investigative Summary Report when a State's Attorney's | ||||||
24 | Office
submits a notice of violation to the Board under
| ||||||
25 | (c)(1)(C). | ||||||
26 | (3) When a person submits a notice to the Board under |
| |||||||
| |||||||
1 | paragraph (2) of subsection (c), The Board shall assign | ||||||
2 | the investigation to the law enforcement governmental | ||||||
3 | agency that employs the law enforcement officer, except | ||||||
4 | when: (i) the law enforcement governmental agency requests | ||||||
5 | to refer the notice to another law enforcement | ||||||
6 | governmental agency or the Board for investigation and | ||||||
7 | such other agency or the Board agrees to conduct the | ||||||
8 | investigation; (ii) an external, independent, or civilian | ||||||
9 | oversight agency conducts the investigation in accordance | ||||||
10 | with local ordinance or other applicable law; or (iii) the | ||||||
11 | Board has determined that it will conduct the | ||||||
12 | investigation based upon the facts and circumstances of | ||||||
13 | the alleged violation, including but not limited to, | ||||||
14 | investigations regarding the Chief or Sheriff of a law | ||||||
15 | enforcement governmental agency, familial conflict of | ||||||
16 | interests, complaints involving a substantial portion of a | ||||||
17 | law enforcement governmental agency, or complaints | ||||||
18 | involving a policy of a law enforcement governmental | ||||||
19 | agency. | ||||||
20 | The investigating entity or agency shall submit | ||||||
21 | quarterly reports to the Board regarding the progress of | ||||||
22 | the investigation in a form to be determined by the Board. | ||||||
23 | The quarterly report shall be reviewed by the individual | ||||||
24 | at the Board who conducted the preliminary review, if | ||||||
25 | available. | ||||||
26 | The investigating entity or agency shall, within 7 days of |
| |||||||
| |||||||
1 | completing an investigation, deliver an Investigative | ||||||
2 | Summary Report and copies of any evidence to the Board. If | ||||||
3 | the Board finds an investigation conducted under this | ||||||
4 | subsection (f)(3) is incomplete, unsatisfactory, or | ||||||
5 | deficient in any way, the Board may direct the | ||||||
6 | investigating entity to take any additional investigative | ||||||
7 | steps deemed necessary to thoroughly and satisfactorily | ||||||
8 | complete the investigation, or the Board may take any | ||||||
9 | steps necessary to complete the investigation. The | ||||||
10 | investigating entity or agency or, when necessary, the | ||||||
11 | Board will then amend and re-submit the The Investigative | ||||||
12 | Summary Report to the Board for approval. The | ||||||
13 | investigating entity shall cooperate with and assist the | ||||||
14 | Board, as necessary, in any subsequent investigation. | ||||||
15 | (4) Concurrent Investigations. The Board may, at any | ||||||
16 | point, initiate a concurrent investigation under this | ||||||
17 | section. The original investigating entity shall timely | ||||||
18 | communicate, coordinate, and cooperate with the Board to | ||||||
19 | the fullest extent. The Board shall promulgate rules that | ||||||
20 | shall address, at a minimum, the sharing of information | ||||||
21 | and investigative means such as subpoenas and interviewing | ||||||
22 | witnesses. | ||||||
23 | (5) Investigative Summary Report. An Investigative | ||||||
24 | Summary Report shall contain, at a minimum, the | ||||||
25 | allegations and elements within each allegation followed | ||||||
26 | by the testimonial, documentary, or physical evidence that |
| |||||||
| |||||||
1 | is relevant to each such allegation or element listed and | ||||||
2 | discussed in association with it. All persons who have | ||||||
3 | been interviewed and listed in the Investigative
Summary | ||||||
4 | Report will be identified as a complainant, witness, | ||||||
5 | person with specialized knowledge, or law enforcement | ||||||
6 | employee. | ||||||
7 | (6) Each law enforcement governmental agency shall | ||||||
8 | adopt a written policy regarding the investigation of | ||||||
9 | conduct under subsection (a) that involves a law | ||||||
10 | enforcement officer employed by that law enforcement | ||||||
11 | governmental agency. The written policy adopted must | ||||||
12 | include the following, at a minimum: | ||||||
13 | (a) Each law enforcement officer shall immediately | ||||||
14 | report
any conduct under subsection (b) to the | ||||||
15 | appropriate
supervising officer. | ||||||
16 | (b) The written policy under this Section shall be
| ||||||
17 | available for inspection and copying under the Freedom | ||||||
18 | of
Information Act, and not subject to any exemption | ||||||
19 | of that
Act. | ||||||
20 | (7) Nothing in this Act shall prohibit a law | ||||||
21 | enforcement governmental agency from conducting an | ||||||
22 | investigation for the purpose of internal discipline. | ||||||
23 | However, any such investigation shall be conducted in a | ||||||
24 | manner that avoids interference with, and preserves the | ||||||
25 | integrity of, any separate investigation by the Board | ||||||
26 | being conducted. |
| |||||||
| |||||||
1 | (g) Formal complaints. Upon receipt of an Investigative | ||||||
2 | Summary Report, the Board shall review the Report and any | ||||||
3 | relevant evidence obtained and determine whether there is | ||||||
4 | reasonable basis to believe that the law enforcement officer | ||||||
5 | committed any conduct that would be deemed a violation of this | ||||||
6 | Act. If after reviewing the Report and any other relevant | ||||||
7 | evidence obtained, the Board determines that a reasonable | ||||||
8 | basis does exist, the Board shall file a formal complaint with | ||||||
9 | the Certification Review Panel. | ||||||
10 | (h) Formal Complaint Hearing. | ||||||
11 | (1) Upon issuance of a formal complaint, the Panel | ||||||
12 | shall set the matter for an initial hearing in front of an | ||||||
13 | administrative law judge. At least 30 days before the date | ||||||
14 | set for an initial hearing, the Panel must, in writing, | ||||||
15 | notify the law enforcement officer subject to the | ||||||
16 | complaint of the following: | ||||||
17 | (i) the allegations against the law enforcement | ||||||
18 | officer, the time and place for the hearing, and | ||||||
19 | whether the law enforcement officer's
certification | ||||||
20 | has been temporarily suspended under Section 8.3; | ||||||
21 | (ii) the right to file a written answer to the | ||||||
22 | complaint with the Panel within 30 days after service | ||||||
23 | of the notice; | ||||||
24 | (iii) if the law enforcement officer fails to | ||||||
25 | comply with the notice of the default order in | ||||||
26 | paragraph (2), the Panel shall enter a default order |
| |||||||
| |||||||
1 | against the law enforcement officer along with a | ||||||
2 | finding that the allegations in the complaint are | ||||||
3 | deemed admitted, and that the law enforcement | ||||||
4 | officer's certification may be revoked as a result; | ||||||
5 | and | ||||||
6 | (iv) the law enforcement officer may request an | ||||||
7 | informal conference to surrender the officer's | ||||||
8 | certification. | ||||||
9 | (2) The Board shall send the law enforcement officer | ||||||
10 | notice of the default order. The notice shall state that | ||||||
11 | the officer has 30 days to notify the Board in writing of | ||||||
12 | their desire to have the order vacated and to appear | ||||||
13 | before the Board. If the law enforcement officer does not | ||||||
14 | notify the Board within 30 days, the Board may set the | ||||||
15 | matter for hearing. If the matter is set for hearing, the | ||||||
16 | Board shall send the law enforcement officer the notice of | ||||||
17 | the date, time and location of the hearing. If the law | ||||||
18 | enforcement officer or counsel for the officer does | ||||||
19 | appear, at the Board's discretion, the hearing may proceed | ||||||
20 | or may be continued to a date and time agreed upon by all | ||||||
21 | parties. If on the date of the hearing, neither the law | ||||||
22 | enforcement officer nor counsel for the officer appears, | ||||||
23 | the Board may proceed with the hearing for default in | ||||||
24 | their absence. | ||||||
25 | (3) If the law enforcement officer fails to comply | ||||||
26 | with paragraph (2), all of the allegations contained in |
| |||||||
| |||||||
1 | the complaint shall be deemed admitted and the law | ||||||
2 | enforcement officer shall be decertified if, by a majority | ||||||
3 | vote of the panel, the conduct charged in the complaint is | ||||||
4 | found to constitute sufficient grounds for decertification | ||||||
5 | under this Act. Notice of the decertification decision may | ||||||
6 | be served by personal delivery, by mail, or, at the | ||||||
7 | discretion of the Board, by electronic means as adopted by | ||||||
8 | rule to the address or email address specified by the law | ||||||
9 | enforcement officer in the officer's last communication | ||||||
10 | with the Board. Notice shall also be provided to the law | ||||||
11 | enforcement officer's employing law enforcement | ||||||
12 | governmental agency. | ||||||
13 | (4) The Board, at the request of the law enforcement | ||||||
14 | officer subject to the Formal Complaint, may suspend a | ||||||
15 | hearing on a Formal Complaint for no more than one year if | ||||||
16 | a concurrent criminal matter is pending. If the law | ||||||
17 | enforcement officer requests to have the hearing | ||||||
18 | suspended, the law enforcement officer's certification | ||||||
19 | shall be deemed inactive until the law enforcement | ||||||
20 | officer's Formal Complaint hearing concludes. The Board or | ||||||
21 | the law enforcement officer may request to have the | ||||||
22 | hearing suspended for up to 6 additional months for good | ||||||
23 | cause. This request may be renewed. For purposes of this | ||||||
24 | paragraph (4), "good cause" means an incident or | ||||||
25 | occurrence that is beyond the control of the requester and | ||||||
26 | that prevents the hearing from occurring, or holding the |
| |||||||
| |||||||
1 | hearing would impose an undue hardship or prejudice on the | ||||||
2 | requester. | ||||||
3 | (5) Surrender of certification or waiver. Upon the | ||||||
4 | Board's issuance of a complaint, and prior to hearing on | ||||||
5 | the matter, a law enforcement officer may choose to | ||||||
6 | surrender the officer's certification or waiver by | ||||||
7 | notifying the Board in writing of the officer's decision | ||||||
8 | to do so. Upon receipt of such notification from the law | ||||||
9 | enforcement officer, the Board shall immediately decertify | ||||||
10 | the officer, or revoke any waiver previously granted. In | ||||||
11 | the case of a surrender of certification or waiver, the | ||||||
12 | Board's proceeding shall terminate. | ||||||
13 | (6) Appointment of administrative law judges. The | ||||||
14 | Board shall retain any attorney licensed to practice law | ||||||
15 | in the State of Illinois to serve as an administrative law | ||||||
16 | judge in any action involving initiated against a law | ||||||
17 | enforcement officer under this Act. The administrative law | ||||||
18 | judge shall be retained to a term of no greater than 4 | ||||||
19 | years. If more than one judge is retained, the terms shall | ||||||
20 | be staggered. The administrative law judge has full | ||||||
21 | authority to conduct the hearings. | ||||||
22 | Administrative law judges will receive initial and | ||||||
23 | annual training that is adequate in quality, quantity, | ||||||
24 | scope, and type, and will cover, at minimum the following | ||||||
25 | topics: | ||||||
26 | (i) constitutional and other relevant law on |
| |||||||
| |||||||
1 | police-community encounters, including the law on the | ||||||
2 | use of force and stops, searches, and arrests; | ||||||
3 | (ii) police tactics; | ||||||
4 | (iii) investigations of police conduct; | ||||||
5 | (iv) impartial policing; | ||||||
6 | (v) policing individuals in crisis; | ||||||
7 | (vi) Illinois police policies, procedures, and | ||||||
8 | disciplinary rules; | ||||||
9 | (vii) procedural justice; and | ||||||
10 | (viii) community outreach. | ||||||
11 | The Board shall determine the content and extent of | ||||||
12 | the training within the scope provided for by this | ||||||
13 | subsection. | ||||||
14 | (7) Hearing. At the hearing, the administrative law | ||||||
15 | judge will hear the allegations alleged in the complaint. | ||||||
16 | The law enforcement officer, the counsel of the officer's | ||||||
17 | choosing, and the Board, or the officer's counsel, shall | ||||||
18 | be afforded the opportunity to present any pertinent | ||||||
19 | statements, testimony, evidence, and arguments. The law | ||||||
20 | enforcement officer shall be afforded the opportunity to | ||||||
21 | request that the Board compel the attendance of witnesses | ||||||
22 | and production of related documents. After the conclusion | ||||||
23 | of the hearing, the administrative law judge shall report | ||||||
24 | any his or her findings of fact, conclusions of law, and | ||||||
25 | recommended disposition to the Panel. If the law | ||||||
26 | enforcement officer objects to any procedural or |
| |||||||
| |||||||
1 | substantive legal portion of the report, the officer may | ||||||
2 | do so by written brief filed with the Panel within 14 days | ||||||
3 | after receipt of the report. The Panel may grant | ||||||
4 | reasonable extensions for good cause shown or when | ||||||
5 | mutually agreed upon by the parties. | ||||||
6 | No later than 28 days before the hearing, a party | ||||||
7 | shall disclose the following: | ||||||
8 | (i) The name and, if known, the address and | ||||||
9 | telephone number of each individual likely to have | ||||||
10 | information relevant to the hearing that the | ||||||
11 | disclosing party may use to support its claims or | ||||||
12 | defenses. This includes, but is not limited to, any | ||||||
13 | name that has previously been held as confidential by | ||||||
14 | the Board. | ||||||
15 | (ii) A copy of any documents and videos that are in | ||||||
16 | the possession, custody, or control of the party, and | ||||||
17 | that the disclosing party may use to support its | ||||||
18 | claims or defenses. | ||||||
19 | (8) Certification Review Meeting. Upon receipt of the | ||||||
20 | administrative law judge's findings of fact, conclusions | ||||||
21 | of law, and recommended disposition, and any submitted | ||||||
22 | objections from the law enforcement officer, the Panel | ||||||
23 | shall call for a certification review meeting. | ||||||
24 | In such a meeting, the Panel may adjourn into a closed | ||||||
25 | conference for the purposes of deliberating on the | ||||||
26 | evidence presented during the hearing. In closed |
| |||||||
| |||||||
1 | conference, the Panel shall consider the hearing officer's | ||||||
2 | findings of fact, conclusions of law, and recommended | ||||||
3 | disposition and may deliberate on all evidence and | ||||||
4 | testimony received and may consider the weight and | ||||||
5 | credibility to be given to the evidence received. No new | ||||||
6 | or additional evidence may be presented to the Panel. | ||||||
7 | After concluding its deliberations, the Panel shall | ||||||
8 | convene in open session for its consideration of the | ||||||
9 | matter. If a simple majority of the Panel finds that no | ||||||
10 | allegations in the complaint supporting one or more | ||||||
11 | charges of misconduct are proven by clear and convincing | ||||||
12 | evidence, then the Panel shall recommend to the Board that | ||||||
13 | the complaint be dismissed. If a simple majority of the | ||||||
14 | Panel finds that the allegations in the complaint | ||||||
15 | supporting one or more charges of misconduct are proven by | ||||||
16 | clear and convincing evidence, then the Panel shall | ||||||
17 | recommend to the Board to decertify the officer. The Panel | ||||||
18 | shall prepare a summary report as soon as practicable | ||||||
19 | after the completion of the meeting including the | ||||||
20 | following: In doing so, the Panel may adopt, in whole or in | ||||||
21 | part, the hearing officer's findings of fact, conclusions | ||||||
22 | of law, and recommended disposition , and the Panel's | ||||||
23 | order . | ||||||
24 | (9) Final action by the Board. After receiving the | ||||||
25 | Panel's recommendations and any objections by the law | ||||||
26 | enforcement officer , and after due consideration of the |
| |||||||
| |||||||
1 | Panel's recommendations, the Board, by majority vote, | ||||||
2 | shall issue a final decision to decertify the law | ||||||
3 | enforcement officer or take no action in regard to the law | ||||||
4 | enforcement officer. No new or additional evidence may be | ||||||
5 | presented to the Board. If the Board makes a final | ||||||
6 | decision contrary to the recommendations of the Panel, the | ||||||
7 | Board shall set forth in its final written decision the | ||||||
8 | specific written reasons for not following the Panel's | ||||||
9 | recommendations. A copy of the Board's final decision | ||||||
10 | shall be served upon the law enforcement officer by the | ||||||
11 | Board, either personally or as provided in this Act for | ||||||
12 | the service of a notice of hearing. A copy of the Board's | ||||||
13 | final decision also shall be delivered to the last | ||||||
14 | employing law enforcement governmental agency, the | ||||||
15 | complainant, and the Panel. | ||||||
16 | (10) Reconsideration of the Board's Decision. Within | ||||||
17 | 30 days after service of the Board's final decision, the | ||||||
18 | Panel or the law enforcement officer may file a written | ||||||
19 | motion for reconsideration with the Review Committee | ||||||
20 | Board . The motion for reconsideration shall specify the | ||||||
21 | particular grounds for reconsideration. The non-moving | ||||||
22 | party may respond to the motion for reconsideration. The | ||||||
23 | Review Committee shall only address the issues raised by | ||||||
24 | the parties. | ||||||
25 | The Review Committee Board may deny the motion for | ||||||
26 | reconsideration, or it may grant the motion in whole or in |
| |||||||
| |||||||
1 | part and issue a new final decision in the matter. The | ||||||
2 | Review Committee Board must notify the law enforcement | ||||||
3 | officer and their last employing law enforcement agency | ||||||
4 | within 14 days of a denial and state the reasons for | ||||||
5 | denial.
| ||||||
6 | (i) This Section applies to conduct by a full-time or | ||||||
7 | part-time law enforcement officer in violation of subsection | ||||||
8 | (b) that occurred before, on, or after the effective date of | ||||||
9 | this amendatory Act of the 102nd General Assembly. | ||||||
10 | (j) Notwithstanding any provision of law to the contrary, | ||||||
11 | the changes made to this Section by this amendatory Act of the | ||||||
12 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
13 | 1, 2022. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
15 | (50 ILCS 705/6.7) | ||||||
16 | (This Section may contain text from a Public Act with a | ||||||
17 | delayed effective date ) | ||||||
18 | Sec. 6.7. Certification and decertification procedures | ||||||
19 | under Act exclusive. Notwithstanding any other law, the | ||||||
20 | certification and decertification procedures, including the | ||||||
21 | conduct of any investigation or hearing, under this Act are | ||||||
22 | the sole and exclusive procedures for certification as law | ||||||
23 | enforcement officers in Illinois and are not subject to | ||||||
24 | collective bargaining under the Illinois Public Labor | ||||||
25 | Relations Act or appealable except as set forth herein. The |
| |||||||
| |||||||
1 | provisions of any collective bargaining agreement adopted by a | ||||||
2 | law enforcement governmental agency and covering the law | ||||||
3 | enforcement officer or officers under investigation shall be | ||||||
4 | inapplicable to any investigation or hearing conducted under | ||||||
5 | this Act. | ||||||
6 | An individual has no property interest in law enforcement | ||||||
7 | certification employment or otherwise resulting from law | ||||||
8 | enforcement officer certification at the time of initial | ||||||
9 | certification or at any time thereafter, including, but not | ||||||
10 | limited to, after decertification or after the officer's | ||||||
11 | certification has been deemed inactive. Nothing in this Act | ||||||
12 | shall be construed to create a requirement that a law | ||||||
13 | enforcement governmental agency shall continue to employ a law | ||||||
14 | enforcement officer who has been decertified.
| ||||||
15 | (Source: P.A. 101-652, eff. 1-1-22.)
| ||||||
16 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
17 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
18 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
19 | adopt rules and
minimum standards for such schools which shall | ||||||
20 | include, but not be limited to,
the following:
| ||||||
21 | a. The curriculum for probationary police officers | ||||||
22 | which shall be
offered by all certified schools shall | ||||||
23 | include, but not be limited to,
courses of procedural | ||||||
24 | justice, arrest and use and control tactics, search and | ||||||
25 | seizure, including temporary questioning, civil rights, |
| |||||||
| |||||||
1 | human rights, human relations,
cultural competency, | ||||||
2 | including implicit bias and racial and ethnic sensitivity,
| ||||||
3 | criminal law, law of criminal procedure, constitutional | ||||||
4 | and proper use of law enforcement authority, vehicle and | ||||||
5 | traffic law including
uniform and non-discriminatory | ||||||
6 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
7 | and accident investigation, techniques of obtaining
| ||||||
8 | physical evidence, court testimonies, statements, reports, | ||||||
9 | firearms
training, training in the use of electronic | ||||||
10 | control devices, including the psychological and | ||||||
11 | physiological effects of the use of those devices on | ||||||
12 | humans, first-aid (including cardiopulmonary | ||||||
13 | resuscitation), training in the administration of opioid | ||||||
14 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
15 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
16 | handling of
juvenile offenders, recognition of
mental | ||||||
17 | conditions and crises, including, but not limited to, the | ||||||
18 | disease of addiction, which require immediate assistance | ||||||
19 | and response and methods to
safeguard and provide | ||||||
20 | assistance to a person in need of mental
treatment, | ||||||
21 | recognition of abuse, neglect, financial exploitation, and | ||||||
22 | self-neglect of adults with disabilities and older adults, | ||||||
23 | as defined in Section 2 of the Adult Protective Services | ||||||
24 | Act, crimes against the elderly, law of evidence, the | ||||||
25 | hazards of high-speed police vehicle
chases with an | ||||||
26 | emphasis on alternatives to the high-speed chase, and
|
| |||||||
| |||||||
1 | physical training. The curriculum shall include specific | ||||||
2 | training in
techniques for immediate response to and | ||||||
3 | investigation of cases of domestic
violence and of sexual | ||||||
4 | assault of adults and children, including cultural | ||||||
5 | perceptions and common myths of sexual assault and sexual | ||||||
6 | abuse as well as interview techniques that are age | ||||||
7 | sensitive and are trauma informed, victim centered, and | ||||||
8 | victim sensitive. The curriculum shall include
training in | ||||||
9 | techniques designed to promote effective
communication at | ||||||
10 | the initial contact with crime victims and ways to | ||||||
11 | comprehensively
explain to victims and witnesses their | ||||||
12 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
13 | and the Crime
Victims Compensation Act. The curriculum | ||||||
14 | shall also include training in effective recognition of | ||||||
15 | and responses to stress, trauma, and post-traumatic stress | ||||||
16 | experienced by police officers that is consistent with | ||||||
17 | Section 25 of the Illinois Mental Health First Aid | ||||||
18 | Training Act in a peer setting, including recognizing | ||||||
19 | signs and symptoms of work-related cumulative stress, | ||||||
20 | issues that may lead to suicide, and solutions for | ||||||
21 | intervention with peer support resources. The curriculum | ||||||
22 | shall include a block of instruction addressing the | ||||||
23 | mandatory reporting requirements under the Abused and | ||||||
24 | Neglected Child Reporting Act. The curriculum shall also | ||||||
25 | include a block of instruction aimed at identifying and | ||||||
26 | interacting with persons with autism and other |
| |||||||
| |||||||
1 | developmental or physical disabilities, reducing barriers | ||||||
2 | to reporting crimes against persons with autism, and | ||||||
3 | addressing the unique challenges presented by cases | ||||||
4 | involving victims or witnesses with autism and other | ||||||
5 | developmental disabilities. The curriculum shall include | ||||||
6 | training in the detection and investigation of all forms | ||||||
7 | of human trafficking. The curriculum shall also include | ||||||
8 | instruction in trauma-informed responses designed to | ||||||
9 | ensure the physical safety and well-being of a child of an | ||||||
10 | arrested parent or immediate family member; this | ||||||
11 | instruction must include, but is not limited to: (1) | ||||||
12 | understanding the trauma experienced by the child while | ||||||
13 | maintaining the integrity of the arrest and safety of | ||||||
14 | officers, suspects, and other involved individuals; (2) | ||||||
15 | de-escalation tactics that would include the use of force | ||||||
16 | when reasonably necessary; and (3) inquiring whether a | ||||||
17 | child will require supervision and care. The curriculum | ||||||
18 | for
permanent police officers shall include, but not be | ||||||
19 | limited to: (1) refresher
and in-service training in any | ||||||
20 | of the courses listed above in this
subparagraph, (2) | ||||||
21 | advanced courses in any of the subjects listed above in
| ||||||
22 | this subparagraph, (3) training for supervisory personnel, | ||||||
23 | and (4)
specialized training in subjects and fields to be | ||||||
24 | selected by the board. The training in the use of | ||||||
25 | electronic control devices shall be conducted for | ||||||
26 | probationary police officers, including University police |
| |||||||
| |||||||
1 | officers.
| ||||||
2 | b. Minimum courses of study, attendance requirements | ||||||
3 | and equipment
requirements.
| ||||||
4 | c. Minimum requirements for instructors.
| ||||||
5 | d. Minimum basic training requirements, which a | ||||||
6 | probationary police
officer must satisfactorily complete | ||||||
7 | before being eligible for permanent
employment as a local | ||||||
8 | law enforcement officer for a participating local
| ||||||
9 | governmental agency. Those requirements shall include | ||||||
10 | training in first aid
(including cardiopulmonary | ||||||
11 | resuscitation).
| ||||||
12 | e. Minimum basic training requirements, which a | ||||||
13 | probationary county
corrections officer must | ||||||
14 | satisfactorily complete before being eligible for
| ||||||
15 | permanent employment as a county corrections officer for a | ||||||
16 | participating
local governmental agency.
| ||||||
17 | f. Minimum basic training requirements which a | ||||||
18 | probationary court
security officer must satisfactorily | ||||||
19 | complete before being eligible for
permanent employment as | ||||||
20 | a court security officer for a participating local
| ||||||
21 | governmental agency. The Board shall
establish those | ||||||
22 | training requirements which it considers appropriate for | ||||||
23 | court
security officers and shall certify schools to | ||||||
24 | conduct that training.
| ||||||
25 | A person hired to serve as a court security officer | ||||||
26 | must obtain from the
Board a certificate (i) attesting to |
| |||||||
| |||||||
1 | his or her successful completion of the
training course; | ||||||
2 | (ii) attesting to his or her satisfactory
completion of a | ||||||
3 | training program of similar content and number of hours | ||||||
4 | that
has been found acceptable by the Board under the | ||||||
5 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
6 | determination that the training
course is unnecessary | ||||||
7 | because of the person's extensive prior law enforcement
| ||||||
8 | experience.
| ||||||
9 | Individuals who currently serve as court security | ||||||
10 | officers shall be deemed
qualified to continue to serve in | ||||||
11 | that capacity so long as they are certified
as provided by | ||||||
12 | this Act within 24 months of June 1, 1997 (the effective | ||||||
13 | date of Public Act 89-685). Failure to be so certified, | ||||||
14 | absent a waiver from the
Board, shall cause the officer to | ||||||
15 | forfeit his or her position.
| ||||||
16 | All individuals hired as court security officers on or | ||||||
17 | after June 1, 1997 (the effective
date of Public Act | ||||||
18 | 89-685) shall be certified within 12 months of the
date of | ||||||
19 | their hire, unless a waiver has been obtained by the | ||||||
20 | Board, or they
shall forfeit their positions.
| ||||||
21 | The Sheriff's Merit Commission, if one exists, or the | ||||||
22 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
23 | Commission, shall maintain a list of all
individuals who | ||||||
24 | have filed applications to become court security officers | ||||||
25 | and
who meet the eligibility requirements established | ||||||
26 | under this Act. Either
the Sheriff's Merit Commission, or |
| |||||||
| |||||||
1 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
2 | exists, shall establish a schedule of reasonable intervals | ||||||
3 | for
verification of the applicants' qualifications under
| ||||||
4 | this Act and as established by the Board.
| ||||||
5 | g. Minimum in-service training requirements, which a | ||||||
6 | police officer must satisfactorily complete every 3 years. | ||||||
7 | Those requirements shall include constitutional and proper | ||||||
8 | use of law enforcement authority, procedural justice, | ||||||
9 | civil rights, human rights, mental health awareness and | ||||||
10 | response, officer wellness, reporting child abuse and | ||||||
11 | neglect, and cultural competency. | ||||||
12 | h. Minimum in-service training requirements, which a | ||||||
13 | police officer must satisfactorily complete at least | ||||||
14 | annually. Those requirements shall include law updates and | ||||||
15 | use of force training which shall include scenario based | ||||||
16 | training, or similar training approved by the Board. | ||||||
17 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
18 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
19 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
20 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
21 | 101-564, eff. 1-1-20; revised 9-10-19.) | ||||||
22 | (Text of Section after amendment by P.A. 101-652, Article | ||||||
23 | 10, Section 10-143 but before amendment by P.A. 101-652, | ||||||
24 | Article 25, Section 25-40 )
| ||||||
25 | Sec. 7. Rules and standards for schools. The Board shall |
| |||||||
| |||||||
1 | adopt rules and
minimum standards for such schools which shall | ||||||
2 | include, but not be limited to,
the following:
| ||||||
3 | a. The curriculum for probationary police officers | ||||||
4 | which shall be
offered by all certified schools shall | ||||||
5 | include, but not be limited to,
courses of procedural | ||||||
6 | justice, arrest and use and control tactics, search and | ||||||
7 | seizure, including temporary questioning, civil rights, | ||||||
8 | human rights, human relations,
cultural competency, | ||||||
9 | including implicit bias and racial and ethnic sensitivity,
| ||||||
10 | criminal law, law of criminal procedure, constitutional | ||||||
11 | and proper use of law enforcement authority, crisis | ||||||
12 | intervention training, vehicle and traffic law including
| ||||||
13 | uniform and non-discriminatory enforcement of the Illinois | ||||||
14 | Vehicle Code,
traffic control and accident investigation, | ||||||
15 | techniques of obtaining
physical evidence, court | ||||||
16 | testimonies, statements, reports, firearms
training, | ||||||
17 | training in the use of electronic control devices, | ||||||
18 | including the psychological and physiological effects of | ||||||
19 | the use of those devices on humans, first-aid (including | ||||||
20 | cardiopulmonary resuscitation), training in the | ||||||
21 | administration of opioid antagonists as defined in | ||||||
22 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
23 | Substance Use Disorder Act, handling of
juvenile | ||||||
24 | offenders, recognition of
mental conditions and crises, | ||||||
25 | including, but not limited to, the disease of addiction, | ||||||
26 | which require immediate assistance and response and |
| |||||||
| |||||||
1 | methods to
safeguard and provide assistance to a person in | ||||||
2 | need of mental
treatment, recognition of abuse, neglect, | ||||||
3 | financial exploitation, and self-neglect of adults with | ||||||
4 | disabilities and older adults, as defined in Section 2 of | ||||||
5 | the Adult Protective Services Act, crimes against the | ||||||
6 | elderly, law of evidence, the hazards of high-speed police | ||||||
7 | vehicle
chases with an emphasis on alternatives to the | ||||||
8 | high-speed chase, and
physical training. The curriculum | ||||||
9 | shall include specific training in
techniques for | ||||||
10 | immediate response to and investigation of cases of | ||||||
11 | domestic
violence and of sexual assault of adults and | ||||||
12 | children, including cultural perceptions and common myths | ||||||
13 | of sexual assault and sexual abuse as well as interview | ||||||
14 | techniques that are age sensitive and are trauma informed, | ||||||
15 | victim centered, and victim sensitive. The curriculum | ||||||
16 | shall include
training in techniques designed to promote | ||||||
17 | effective
communication at the initial contact with crime | ||||||
18 | victims and ways to comprehensively
explain to victims and | ||||||
19 | witnesses their rights under the Rights
of Crime Victims | ||||||
20 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
21 | The curriculum shall also include training in effective | ||||||
22 | recognition of and responses to stress, trauma, and | ||||||
23 | post-traumatic stress experienced by police officers that | ||||||
24 | is consistent with Section 25 of the Illinois Mental | ||||||
25 | Health First Aid Training Act in a peer setting, including | ||||||
26 | recognizing signs and symptoms of work-related cumulative |
| |||||||
| |||||||
1 | stress, issues that may lead to suicide, and solutions for | ||||||
2 | intervention with peer support resources. The curriculum | ||||||
3 | shall include a block of instruction addressing the | ||||||
4 | mandatory reporting requirements under the Abused and | ||||||
5 | Neglected Child Reporting Act. The curriculum shall also | ||||||
6 | include a block of instruction aimed at identifying and | ||||||
7 | interacting with persons with autism and other | ||||||
8 | developmental or physical disabilities, reducing barriers | ||||||
9 | to reporting crimes against persons with autism, and | ||||||
10 | addressing the unique challenges presented by cases | ||||||
11 | involving victims or witnesses with autism and other | ||||||
12 | developmental disabilities. The curriculum shall include | ||||||
13 | training in the detection and investigation of all forms | ||||||
14 | of human trafficking. The curriculum shall also include | ||||||
15 | instruction in trauma-informed responses designed to | ||||||
16 | ensure the physical safety and well-being of a child of an | ||||||
17 | arrested parent or immediate family member; this | ||||||
18 | instruction must include, but is not limited to: (1) | ||||||
19 | understanding the trauma experienced by the child while | ||||||
20 | maintaining the integrity of the arrest and safety of | ||||||
21 | officers, suspects, and other involved individuals; (2) | ||||||
22 | de-escalation tactics that would include the use of force | ||||||
23 | when reasonably necessary; and (3) inquiring whether a | ||||||
24 | child will require supervision and care. The curriculum | ||||||
25 | for probationary police officers shall include: (1) at | ||||||
26 | least 12 hours of hands-on, scenario-based role-playing; |
| |||||||
| |||||||
1 | (2) at least 6 hours of instruction on use of force | ||||||
2 | techniques, including the use of de-escalation techniques | ||||||
3 | to prevent or reduce the need for force whenever safe and | ||||||
4 | feasible; (3) specific training on officer safety | ||||||
5 | techniques, including cover, concealment, and time; and | ||||||
6 | (4) at least 6 hours of training focused on high-risk | ||||||
7 | traffic stops. The curriculum for
permanent police | ||||||
8 | officers shall include, but not be limited to: (1) | ||||||
9 | refresher
and in-service training in any of the courses | ||||||
10 | listed above in this
subparagraph, (2) advanced courses in | ||||||
11 | any of the subjects listed above in
this subparagraph, (3) | ||||||
12 | training for supervisory personnel, and (4)
specialized | ||||||
13 | training in subjects and fields to be selected by the | ||||||
14 | board. The training in the use of electronic control | ||||||
15 | devices shall be conducted for probationary police | ||||||
16 | officers, including University police officers.
| ||||||
17 | b. Minimum courses of study, attendance requirements | ||||||
18 | and equipment
requirements.
| ||||||
19 | c. Minimum requirements for instructors.
| ||||||
20 | d. Minimum basic training requirements, which a | ||||||
21 | probationary police
officer must satisfactorily complete | ||||||
22 | before being eligible for permanent
employment as a local | ||||||
23 | law enforcement officer for a participating local
| ||||||
24 | governmental agency. Those requirements shall include | ||||||
25 | training in first aid
(including cardiopulmonary | ||||||
26 | resuscitation).
|
| |||||||
| |||||||
1 | e. Minimum basic training requirements, which a | ||||||
2 | probationary county
corrections officer must | ||||||
3 | satisfactorily complete before being eligible for
| ||||||
4 | permanent employment as a county corrections officer for a | ||||||
5 | participating
local governmental agency.
| ||||||
6 | f. Minimum basic training requirements which a | ||||||
7 | probationary court
security officer must satisfactorily | ||||||
8 | complete before being eligible for
permanent employment as | ||||||
9 | a court security officer for a participating local
| ||||||
10 | governmental agency. The Board shall
establish those | ||||||
11 | training requirements which it considers appropriate for | ||||||
12 | court
security officers and shall certify schools to | ||||||
13 | conduct that training.
| ||||||
14 | A person hired to serve as a court security officer | ||||||
15 | must obtain from the
Board a certificate (i) attesting to | ||||||
16 | his or her successful completion of the
training course; | ||||||
17 | (ii) attesting to his or her satisfactory
completion of a | ||||||
18 | training program of similar content and number of hours | ||||||
19 | that
has been found acceptable by the Board under the | ||||||
20 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
21 | determination that the training
course is unnecessary | ||||||
22 | because of the person's extensive prior law enforcement
| ||||||
23 | experience.
| ||||||
24 | Individuals who currently serve as court security | ||||||
25 | officers shall be deemed
qualified to continue to serve in | ||||||
26 | that capacity so long as they are certified
as provided by |
| |||||||
| |||||||
1 | this Act within 24 months of June 1, 1997 (the effective | ||||||
2 | date of Public Act 89-685). Failure to be so certified, | ||||||
3 | absent a waiver from the
Board, shall cause the officer to | ||||||
4 | forfeit his or her position.
| ||||||
5 | All individuals hired as court security officers on or | ||||||
6 | after June 1, 1997 (the effective
date of Public Act | ||||||
7 | 89-685) shall be certified within 12 months of the
date of | ||||||
8 | their hire, unless a waiver has been obtained by the | ||||||
9 | Board, or they
shall forfeit their positions.
| ||||||
10 | The Sheriff's Merit Commission, if one exists, or the | ||||||
11 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
12 | Commission, shall maintain a list of all
individuals who | ||||||
13 | have filed applications to become court security officers | ||||||
14 | and
who meet the eligibility requirements established | ||||||
15 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
16 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
17 | exists, shall establish a schedule of reasonable intervals | ||||||
18 | for
verification of the applicants' qualifications under
| ||||||
19 | this Act and as established by the Board.
| ||||||
20 | g. Minimum in-service training requirements, which a | ||||||
21 | police officer must satisfactorily complete every 3 years. | ||||||
22 | Those requirements shall include constitutional and proper | ||||||
23 | use of law enforcement authority, procedural justice, | ||||||
24 | civil rights, human rights, reporting child abuse and | ||||||
25 | neglect, and cultural competency, including implicit bias | ||||||
26 | and racial and ethnic sensitivity. |
| |||||||
| |||||||
1 | h. Minimum in-service training requirements, which a | ||||||
2 | police officer must satisfactorily complete at least | ||||||
3 | annually. Those requirements shall include law updates, | ||||||
4 | emergency medical response training and certification, | ||||||
5 | crisis intervention training, and officer wellness and | ||||||
6 | mental health. | ||||||
7 | i. Minimum in-service training requirements as set | ||||||
8 | forth in Section 10.6. | ||||||
9 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
10 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
11 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
12 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
13 | 101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section | ||||||
14 | 10-143, eff. 7-1-21.) | ||||||
15 | (Text of Section after amendment by P.A. 101-652, Article | ||||||
16 | 25, Section 25-40 ) | ||||||
17 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
18 | adopt rules and
minimum standards for such schools which shall | ||||||
19 | include, but not be limited to,
the following:
| ||||||
20 | a. The curriculum for probationary law enforcement | ||||||
21 | officers which shall be
offered by all certified schools | ||||||
22 | shall include, but not be limited to,
courses of | ||||||
23 | procedural justice, arrest and use and control tactics, | ||||||
24 | search and seizure, including temporary questioning, civil | ||||||
25 | rights, human rights, human relations,
cultural |
| |||||||
| |||||||
1 | competency, including implicit bias and racial and ethnic | ||||||
2 | sensitivity,
criminal law, law of criminal procedure, | ||||||
3 | constitutional and proper use of law enforcement | ||||||
4 | authority, crisis intervention training, vehicle and | ||||||
5 | traffic law including
uniform and non-discriminatory | ||||||
6 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
7 | and accident investigation, techniques of obtaining
| ||||||
8 | physical evidence, court testimonies, statements, reports, | ||||||
9 | firearms
training, training in the use of electronic | ||||||
10 | control devices, including the psychological and | ||||||
11 | physiological effects of the use of those devices on | ||||||
12 | humans, first-aid (including cardiopulmonary | ||||||
13 | resuscitation), training in the administration of opioid | ||||||
14 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
15 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
16 | handling of
juvenile offenders, recognition of
mental | ||||||
17 | conditions and crises, including, but not limited to, the | ||||||
18 | disease of addiction, which require immediate assistance | ||||||
19 | and response and methods to
safeguard and provide | ||||||
20 | assistance to a person in need of mental
treatment, | ||||||
21 | recognition of abuse, neglect, financial exploitation, and | ||||||
22 | self-neglect of adults with disabilities and older adults, | ||||||
23 | as defined in Section 2 of the Adult Protective Services | ||||||
24 | Act, crimes against the elderly, law of evidence, the | ||||||
25 | hazards of high-speed police vehicle
chases with an | ||||||
26 | emphasis on alternatives to the high-speed chase, and
|
| |||||||
| |||||||
1 | physical training. The curriculum shall include specific | ||||||
2 | training in
techniques for immediate response to and | ||||||
3 | investigation of cases of domestic
violence and of sexual | ||||||
4 | assault of adults and children, including cultural | ||||||
5 | perceptions and common myths of sexual assault and sexual | ||||||
6 | abuse as well as interview techniques that are age | ||||||
7 | sensitive and are trauma informed, victim centered, and | ||||||
8 | victim sensitive. The curriculum shall include
training in | ||||||
9 | techniques designed to promote effective
communication at | ||||||
10 | the initial contact with crime victims and ways to | ||||||
11 | comprehensively
explain to victims and witnesses their | ||||||
12 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
13 | and the Crime
Victims Compensation Act. The curriculum | ||||||
14 | shall also include training in effective recognition of | ||||||
15 | and responses to stress, trauma, and post-traumatic stress | ||||||
16 | experienced by law enforcement officers that is consistent | ||||||
17 | with Section 25 of the Illinois Mental Health First Aid | ||||||
18 | Training Act in a peer setting, including recognizing | ||||||
19 | signs and symptoms of work-related cumulative stress, | ||||||
20 | issues that may lead to suicide, and solutions for | ||||||
21 | intervention with peer support resources. The curriculum | ||||||
22 | shall include a block of instruction addressing the | ||||||
23 | mandatory reporting requirements under the Abused and | ||||||
24 | Neglected Child Reporting Act. The curriculum shall also | ||||||
25 | include a block of instruction aimed at identifying and | ||||||
26 | interacting with persons with autism and other |
| |||||||
| |||||||
1 | developmental or physical disabilities, reducing barriers | ||||||
2 | to reporting crimes against persons with autism, and | ||||||
3 | addressing the unique challenges presented by cases | ||||||
4 | involving victims or witnesses with autism and other | ||||||
5 | developmental disabilities. The curriculum shall include | ||||||
6 | training in the detection and investigation of all forms | ||||||
7 | of human trafficking. The curriculum shall also include | ||||||
8 | instruction in trauma-informed responses designed to | ||||||
9 | ensure the physical safety and well-being of a child of an | ||||||
10 | arrested parent or immediate family member; this | ||||||
11 | instruction must include, but is not limited to: (1) | ||||||
12 | understanding the trauma experienced by the child while | ||||||
13 | maintaining the integrity of the arrest and safety of | ||||||
14 | officers, suspects, and other involved individuals; (2) | ||||||
15 | de-escalation tactics that would include the use of force | ||||||
16 | when reasonably necessary; and (3) inquiring whether a | ||||||
17 | child will require supervision and care. The curriculum | ||||||
18 | for probationary law enforcement police officers shall | ||||||
19 | include: (1) at least 12 hours of hands-on, scenario-based | ||||||
20 | role-playing; (2) at least 6 hours of instruction on use | ||||||
21 | of force techniques, including the use of de-escalation | ||||||
22 | techniques to prevent or reduce the need for force | ||||||
23 | whenever safe and feasible; (3) specific training on | ||||||
24 | officer safety techniques, including cover, concealment, | ||||||
25 | and time; and (4) at least 6 hours of training focused on | ||||||
26 | high-risk traffic stops. The curriculum for
permanent law |
| |||||||
| |||||||
1 | enforcement officers shall include, but not be limited to: | ||||||
2 | (1) refresher
and in-service training in any of the | ||||||
3 | courses listed above in this
subparagraph, (2) advanced | ||||||
4 | courses in any of the subjects listed above in
this | ||||||
5 | subparagraph, (3) training for supervisory personnel, and | ||||||
6 | (4)
specialized training in subjects and fields to be | ||||||
7 | selected by the board. The training in the use of | ||||||
8 | electronic control devices shall be conducted for | ||||||
9 | probationary law enforcement officers, including | ||||||
10 | University police officers.
| ||||||
11 | b. Minimum courses of study, attendance requirements | ||||||
12 | and equipment
requirements.
| ||||||
13 | c. Minimum requirements for instructors.
| ||||||
14 | d. Minimum basic training requirements, which a | ||||||
15 | probationary law enforcement
officer must satisfactorily | ||||||
16 | complete before being eligible for permanent
employment as | ||||||
17 | a local law enforcement officer for a participating local
| ||||||
18 | governmental or State state governmental agency. Those | ||||||
19 | requirements shall include training in first aid
| ||||||
20 | (including cardiopulmonary resuscitation).
| ||||||
21 | e. Minimum basic training requirements, which a | ||||||
22 | probationary county
corrections officer must | ||||||
23 | satisfactorily complete before being eligible for
| ||||||
24 | permanent employment as a county corrections officer for a | ||||||
25 | participating
local governmental agency.
| ||||||
26 | f. Minimum basic training requirements which a |
| |||||||
| |||||||
1 | probationary court
security officer must satisfactorily | ||||||
2 | complete before being eligible for
permanent employment as | ||||||
3 | a court security officer for a participating local
| ||||||
4 | governmental agency. The Board shall
establish those | ||||||
5 | training requirements which it considers appropriate for | ||||||
6 | court
security officers and shall certify schools to | ||||||
7 | conduct that training.
| ||||||
8 | A person hired to serve as a court security officer | ||||||
9 | must obtain from the
Board a certificate (i) attesting to | ||||||
10 | the officer's successful completion of the
training | ||||||
11 | course; (ii) attesting to the officer's satisfactory
| ||||||
12 | completion of a training program of similar content and | ||||||
13 | number of hours that
has been found acceptable by the | ||||||
14 | Board under the provisions of this Act; or
(iii) attesting | ||||||
15 | to the Board's determination that the training
course is | ||||||
16 | unnecessary because of the person's extensive prior law | ||||||
17 | enforcement
experience.
| ||||||
18 | Individuals who currently serve as court security | ||||||
19 | officers shall be deemed
qualified to continue to serve in | ||||||
20 | that capacity so long as they are certified
as provided by | ||||||
21 | this Act within 24 months of June 1, 1997 (the effective | ||||||
22 | date of Public Act 89-685). Failure to be so certified, | ||||||
23 | absent a waiver from the
Board, shall cause the officer to | ||||||
24 | forfeit his or her position.
| ||||||
25 | All individuals hired as court security officers on or | ||||||
26 | after June 1, 1997 (the effective
date of Public Act |
| |||||||
| |||||||
1 | 89-685) shall be certified within 12 months of the
date of | ||||||
2 | their hire, unless a waiver has been obtained by the | ||||||
3 | Board, or they
shall forfeit their positions.
| ||||||
4 | The Sheriff's Merit Commission, if one exists, or the | ||||||
5 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
6 | Commission, shall maintain a list of all
individuals who | ||||||
7 | have filed applications to become court security officers | ||||||
8 | and
who meet the eligibility requirements established | ||||||
9 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
10 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
11 | exists, shall establish a schedule of reasonable intervals | ||||||
12 | for
verification of the applicants' qualifications under
| ||||||
13 | this Act and as established by the Board.
| ||||||
14 | g. Minimum in-service training requirements, which a | ||||||
15 | law enforcement officer must satisfactorily complete every | ||||||
16 | 3 years. Those requirements shall include constitutional | ||||||
17 | and proper use of law enforcement authority, procedural | ||||||
18 | justice, civil rights, human rights, reporting child abuse | ||||||
19 | and neglect, and cultural competency, including implicit | ||||||
20 | bias and racial and ethnic sensitivity. | ||||||
21 | h. Minimum in-service training requirements, which a | ||||||
22 | law enforcement officer must satisfactorily complete at | ||||||
23 | least annually. Those requirements shall include law | ||||||
24 | updates, emergency medical response training and | ||||||
25 | certification, crisis intervention training, and officer | ||||||
26 | wellness and mental health. |
| |||||||
| |||||||
1 | i. Minimum in-service training requirements as set | ||||||
2 | forth in Section 10.6. | ||||||
3 | Notwithstanding any provision of law to the contrary, the | ||||||
4 | changes made to this Section by this amendatory Act of the | ||||||
5 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
6 | 102-28 take effect July 1, 2022. | ||||||
7 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
8 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
9 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
10 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
11 | 101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section | ||||||
12 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
13 | 1-1-22; revised 4-26-21.)
| ||||||
14 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
15 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
16 | Sec. 8.1. Full-time police and county corrections | ||||||
17 | officers.
| ||||||
18 | (a) After January 1, 1976, no person shall receive a | ||||||
19 | permanent
appointment as a law enforcement officer as defined | ||||||
20 | in this
Act nor shall any person receive, after the effective | ||||||
21 | date of this
amendatory Act of 1984, a permanent appointment | ||||||
22 | as a county corrections officer
unless that person has been | ||||||
23 | awarded, within 6 months of his or her
initial full-time | ||||||
24 | employment, a certificate attesting to his or her
successful | ||||||
25 | completion of the Minimum Standards Basic Law Enforcement and |
| |||||||
| |||||||
1 | County
Correctional Training Course as prescribed by the | ||||||
2 | Board; or has been awarded a
certificate attesting to his or | ||||||
3 | her satisfactory completion of a training program of
similar | ||||||
4 | content and number of hours and which course has been found | ||||||
5 | acceptable
by the Board under the provisions of this Act; or by | ||||||
6 | reason of extensive prior
law enforcement or county | ||||||
7 | corrections experience the basic training requirement
is | ||||||
8 | determined by the Board to be illogical and unreasonable.
| ||||||
9 | If such training is required and not completed within the | ||||||
10 | applicable 6
months, then the officer must forfeit his or her | ||||||
11 | position, or the employing agency
must obtain a waiver from | ||||||
12 | the Board extending the period for
compliance. Such waiver | ||||||
13 | shall be issued only for good and justifiable
reasons, and in | ||||||
14 | no case shall extend more than 90 days beyond the
initial 6 | ||||||
15 | months. Any hiring agency that fails to train a law | ||||||
16 | enforcement officer within this period shall be prohibited | ||||||
17 | from employing this individual in a law enforcement capacity | ||||||
18 | for one year from the date training was to be completed. If an | ||||||
19 | agency again fails to train the individual a second time, the | ||||||
20 | agency shall be permanently barred from employing this | ||||||
21 | individual in a law enforcement capacity.
| ||||||
22 | (b) No provision of this Section shall be construed to | ||||||
23 | mean that a
law enforcement officer employed by a local | ||||||
24 | governmental agency
at the time of the effective date of this | ||||||
25 | amendatory Act, either as a
probationary police officer or as | ||||||
26 | a permanent police officer, shall
require certification under |
| |||||||
| |||||||
1 | the provisions of this Section. No provision
of this Section | ||||||
2 | shall be construed to mean that a county corrections
officer | ||||||
3 | employed by a local governmental agency at the time of the
| ||||||
4 | effective date of this amendatory Act of 1984, either as a | ||||||
5 | probationary
county corrections or as a permanent county | ||||||
6 | corrections officer, shall
require certification under the | ||||||
7 | provisions of this Section. No provision of
this Section shall | ||||||
8 | be construed to apply to certification of elected county
| ||||||
9 | sheriffs.
| ||||||
10 | (c) This Section does not apply to part-time police | ||||||
11 | officers or
probationary part-time police officers.
| ||||||
12 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
13 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
14 | Sec. 8.1. Full-time law enforcement and county corrections | ||||||
15 | officers.
| ||||||
16 | (a) No person shall receive a permanent
appointment as a | ||||||
17 | law enforcement officer or a permanent appointment as a county | ||||||
18 | corrections officer
unless that person has been awarded, | ||||||
19 | within 6 months of the officer's
initial full-time employment, | ||||||
20 | a certificate attesting to the officer's
successful completion | ||||||
21 | of the Minimum Standards Basic Law Enforcement or County
| ||||||
22 | Correctional Training Course as prescribed by the Board; or | ||||||
23 | has been awarded a
certificate attesting to the officer's | ||||||
24 | satisfactory completion of a training program of
similar | ||||||
25 | content and number of hours and which course has been found |
| |||||||
| |||||||
1 | acceptable
by the Board under the provisions of this Act; or a | ||||||
2 | training waiver by reason of extensive prior
law enforcement | ||||||
3 | or county corrections experience the basic training | ||||||
4 | requirement
is determined by the Board to be illogical and | ||||||
5 | unreasonable.
| ||||||
6 | If such training is required and not completed within the | ||||||
7 | applicable 6
months, then the officer must forfeit the | ||||||
8 | officer's position, or the employing agency
must obtain a | ||||||
9 | waiver from the Board extending the period for
compliance. | ||||||
10 | Such waiver shall be issued only for good and justifiable
| ||||||
11 | reasons, and in no case shall extend more than 90 days beyond | ||||||
12 | the
initial 6 months. Any hiring agency that fails to train a | ||||||
13 | law enforcement officer within this period shall be prohibited | ||||||
14 | from employing this individual in a law enforcement capacity | ||||||
15 | for one year from the date training was to be completed. If an | ||||||
16 | agency again fails to train the individual a second time, the | ||||||
17 | agency shall be permanently barred from employing this | ||||||
18 | individual in a law enforcement capacity.
| ||||||
19 | An individual who is not certified by the Board or whose | ||||||
20 | certified status is inactive shall not function as a law | ||||||
21 | enforcement officer, be assigned the duties of a law | ||||||
22 | enforcement officer by an employing agency, or be authorized | ||||||
23 | to carry firearms under the authority of the employer, except | ||||||
24 | as otherwise authorized to carry a firearm under State or | ||||||
25 | federal law. Sheriffs who are elected as of the effective date | ||||||
26 | of this Amendatory Act of the 101st General Assembly, are |
| |||||||
| |||||||
1 | exempt from the requirement of certified status. Failure to be | ||||||
2 | certified in accordance with this Act shall cause the officer | ||||||
3 | to forfeit the officer's position. | ||||||
4 | An employing agency may not grant a person status as a law | ||||||
5 | enforcement officer unless the person has been granted an | ||||||
6 | active law enforcement officer certification by the Board. | ||||||
7 | (b) Inactive status. A person who has an inactive law | ||||||
8 | enforcement officer certification has no law enforcement | ||||||
9 | authority. | ||||||
10 | (1) A law enforcement officer's certification becomes | ||||||
11 | inactive upon termination, resignation, retirement, or | ||||||
12 | separation from the officer's employing law enforcement | ||||||
13 | governmental agency for any reason. The Board shall | ||||||
14 | re-activate a certification upon written application from | ||||||
15 | the law enforcement officer's law enforcement governmental | ||||||
16 | agency that shows the law enforcement officer: (i) has | ||||||
17 | accepted a full-time law enforcement position with that | ||||||
18 | law enforcement governmental agency, (ii) is not the | ||||||
19 | subject of a decertification proceeding, and (iii) meets | ||||||
20 | all other criteria for re-activation required by the | ||||||
21 | Board. The Board may also establish special training | ||||||
22 | requirements to be completed as a condition for | ||||||
23 | re-activation. | ||||||
24 | The Board shall review a notice for reactivation from | ||||||
25 | a law enforcement agency and provide a response within 30 | ||||||
26 | days. The Board may extend this review. A law enforcement |
| |||||||
| |||||||
1 | officer shall be allowed to be employed as a full-time law | ||||||
2 | enforcement officer while the law enforcement officer | ||||||
3 | reactivation waiver is under review. | ||||||
4 | A law enforcement officer who is refused reactivation | ||||||
5 | or an employing agency of a A law enforcement officer who | ||||||
6 | is refused reactivation under this Section may request a | ||||||
7 | hearing in accordance with the hearing procedures as | ||||||
8 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
9 | The Board may refuse to re-activate the certification | ||||||
10 | of a law enforcement officer who was involuntarily | ||||||
11 | terminated for good cause by an employing his or her | ||||||
12 | governmental agency for conduct subject to decertification | ||||||
13 | under this Act or resigned or retired after receiving | ||||||
14 | notice of a law enforcement governmental agency's | ||||||
15 | investigation. | ||||||
16 | (2) A law enforcement agency may place an officer who | ||||||
17 | is currently certified can place his or her certificate on | ||||||
18 | inactive status by sending a written request to the Board. | ||||||
19 | A law enforcement officer whose certificate has been | ||||||
20 | placed on inactive status shall not function as a law | ||||||
21 | enforcement officer until the officer has completed any | ||||||
22 | requirements for reactivating the certificate as required | ||||||
23 | by the Board. A request for inactive status in this | ||||||
24 | subsection shall be in writing, accompanied by verifying | ||||||
25 | documentation, and shall be submitted to the Board with a | ||||||
26 | copy to the chief administrator of the law enforcement |
| |||||||
| |||||||
1 | officer's current or new employing governmental agency. | ||||||
2 | (3) Certification that has become inactive under | ||||||
3 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
4 | by written notice from the law enforcement officer's | ||||||
5 | agency upon a showing that the law enforcement officer is: | ||||||
6 | (i) employed in a full-time law enforcement position with | ||||||
7 | the same law enforcement governmental agency (ii) not the | ||||||
8 | subject of a decertification proceeding, and (iii) meets | ||||||
9 | all other criteria for re-activation required by the | ||||||
10 | Board. | ||||||
11 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
12 | (b), a law enforcement officer whose certification has | ||||||
13 | become inactive under paragraph (2) may have the officer's | ||||||
14 | employing governmental agency submit a request for a | ||||||
15 | waiver of training requirements to the Board in writing | ||||||
16 | and accompanied by any verifying documentation. . A grant | ||||||
17 | of a waiver is within the discretion of the Board. Within 7 | ||||||
18 | days of receiving a request for a waiver under this | ||||||
19 | section, the Board shall notify the law enforcement | ||||||
20 | officer and the chief administrator of the law enforcement | ||||||
21 | officer's employing governmental agency, whether the | ||||||
22 | request has been granted, denied, or if the Board will | ||||||
23 | take additional time for information. A law enforcement | ||||||
24 | agency, whose request for a waiver under this subsection | ||||||
25 | is denied, is entitled to request a review of the denial by | ||||||
26 | the Board. The law enforcement agency must request a |
| |||||||
| |||||||
1 | review within 20 days of the waiver being denied. The | ||||||
2 | burden of proof shall be on the law enforcement agency to | ||||||
3 | show why the law enforcement officer is entitled to a | ||||||
4 | waiver of the legislatively required training and | ||||||
5 | eligibility requirements. A law enforcement officer whose | ||||||
6 | request for a waiver under this subsection is denied is | ||||||
7 | entitled to appeal the denial to the Board within 20 days | ||||||
8 | of the waiver being denied. | ||||||
9 | (c) No provision
of this Section shall be construed to | ||||||
10 | mean that a county corrections
officer employed by a | ||||||
11 | governmental agency at the time of the
effective date of this | ||||||
12 | amendatory Act, either as a probationary
county corrections or | ||||||
13 | as a permanent county corrections officer, shall
require | ||||||
14 | certification under the provisions of this Section. No | ||||||
15 | provision of
this Section shall be construed to apply to | ||||||
16 | certification of elected county
sheriffs.
| ||||||
17 | (d) Within 14 days, a law enforcement officer shall report | ||||||
18 | to the Board: (1) any name change; (2) any change in | ||||||
19 | employment; or (3) the filing of any criminal indictment or | ||||||
20 | charges against the officer alleging that the officer | ||||||
21 | committed any offense as enumerated in Section 6.1 of this | ||||||
22 | Act. | ||||||
23 | (e) All law enforcement officers must report the | ||||||
24 | completion of the training requirements required in this Act | ||||||
25 | in compliance with Section 8.4 of this Act. | ||||||
26 | (e-1) Each employing law enforcement governmental agency |
| |||||||
| |||||||
1 | shall allow and provide an opportunity for a law enforcement | ||||||
2 | officer to complete the mandated requirements in this Act. All | ||||||
3 | mandated training shall be provided for at no cost to the | ||||||
4 | employees. Employees shall be paid for all time spent | ||||||
5 | attending mandated training. | ||||||
6 | (e-2) Each agency, academy, or training provider shall | ||||||
7 | maintain proof of a law enforcement officer's completion of | ||||||
8 | legislatively required training in a format designated by the | ||||||
9 | Board. The report of training shall be submitted to the Board | ||||||
10 | within 30 days following completion of the training. A copy of | ||||||
11 | the report shall be submitted to the law enforcement officer. | ||||||
12 | Upon receipt of a properly completed report of training, the | ||||||
13 | Board will make the appropriate entry into the training | ||||||
14 | records of the law enforcement officer. | ||||||
15 | (f) This Section does not apply to part-time law | ||||||
16 | enforcement officers or
probationary part-time law enforcement | ||||||
17 | officers.
| ||||||
18 | (g) Notwithstanding any provision of law to the contrary, | ||||||
19 | the changes made to this Section by this amendatory Act of the | ||||||
20 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
21 | 102-28 take effect July 1, 2022. | ||||||
22 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)
| ||||||
23 | (50 ILCS 705/8.2)
| ||||||
24 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
25 | Sec. 8.2. Part-time police officers.
|
| |||||||
| |||||||
1 | (a) A person hired to serve as a part-time
police officer | ||||||
2 | must obtain from the Board a certificate (i) attesting to his
| ||||||
3 | or her successful completion of the part-time police training | ||||||
4 | course; (ii)
attesting to his or her satisfactory completion | ||||||
5 | of a training program of
similar content and number of hours | ||||||
6 | that has been found acceptable by the
Board under the | ||||||
7 | provisions of this Act; or (iii) attesting to the Board's
| ||||||
8 | determination that the part-time police training course is | ||||||
9 | unnecessary because
of the person's extensive prior law | ||||||
10 | enforcement experience.
A person hired on or after the | ||||||
11 | effective date of this amendatory Act of the
92nd General | ||||||
12 | Assembly must obtain this certificate within 18 months after | ||||||
13 | the
initial date of hire as a probationary part-time police | ||||||
14 | officer in the State of
Illinois. The probationary part-time | ||||||
15 | police officer must be enrolled and
accepted into a | ||||||
16 | Board-approved course within 6 months after active employment
| ||||||
17 | by any department in the State.
A person hired
on or after | ||||||
18 | January 1, 1996 and before the effective date of this | ||||||
19 | amendatory
Act of the 92nd General Assembly must obtain this | ||||||
20 | certificate within 18
months
after the date of hire. A person | ||||||
21 | hired before
January 1, 1996 must obtain this certificate | ||||||
22 | within 24 months after the
effective date of this amendatory | ||||||
23 | Act of 1995.
| ||||||
24 | The employing agency may seek a waiver from the Board | ||||||
25 | extending the period
for compliance. A waiver shall be issued | ||||||
26 | only for good and justifiable
reasons, and the probationary |
| |||||||
| |||||||
1 | part-time police officer may not practice as a
part-time
| ||||||
2 | police officer during the waiver period. If training is
| ||||||
3 | required and not completed within the applicable time period, | ||||||
4 | as extended by
any waiver that may be granted, then the officer | ||||||
5 | must forfeit his or her
position.
| ||||||
6 | (b) (Blank).
| ||||||
7 | (c) The part-time police training course referred to in | ||||||
8 | this Section
shall be of similar content and the same number of | ||||||
9 | hours as the courses for
full-time officers and
shall be | ||||||
10 | provided by
Mobile Team In-Service Training Units under the | ||||||
11 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
12 | Training Act or by another approved program
or facility in a | ||||||
13 | manner prescribed by the
Board.
| ||||||
14 | (d) For the purposes of this Section, the Board shall | ||||||
15 | adopt rules defining
what constitutes employment on a | ||||||
16 | part-time basis.
| ||||||
17 | (Source: P.A. 92-533, eff. 3-14-02.)
| ||||||
18 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
19 | Sec. 8.2. Part-time law enforcement officers.
| ||||||
20 | (a) A person hired to serve as a part-time law enforcement
| ||||||
21 | officer must obtain from the Board a certificate (i) attesting | ||||||
22 | to the officer's successful completion of the part-time police | ||||||
23 | training course; (ii)
attesting to the officer's satisfactory | ||||||
24 | completion of a training program of
similar content and number | ||||||
25 | of hours that has been found acceptable by the
Board under the |
| |||||||
| |||||||
1 | provisions of this Act; or (iii) a training waiver attesting | ||||||
2 | to the Board's
determination that the part-time police | ||||||
3 | training course is unnecessary because
of the person's | ||||||
4 | extensive prior law enforcement experience.
A person hired on | ||||||
5 | or after the effective date of this amendatory Act of the
92nd | ||||||
6 | General Assembly must obtain this certificate within 18 months | ||||||
7 | after the
initial date of hire as a probationary part-time law | ||||||
8 | enforcement officer in the State of
Illinois. The probationary | ||||||
9 | part-time law enforcement officer must be enrolled and
| ||||||
10 | accepted into a Board-approved course within 6 months after | ||||||
11 | active employment
by any department in the State.
A person | ||||||
12 | hired
on or after January 1, 1996 and before the effective date | ||||||
13 | of this amendatory
Act of the 92nd General Assembly must | ||||||
14 | obtain this certificate within 18
months
after the date of | ||||||
15 | hire. A person hired before
January 1, 1996 must obtain this | ||||||
16 | certificate within 24 months after the
effective date of this | ||||||
17 | amendatory Act of 1995.
| ||||||
18 | The employing agency may seek an extension waiver from the | ||||||
19 | Board extending the period
for compliance. An extension waiver | ||||||
20 | shall be issued only for good and justifiable
reasons, and the | ||||||
21 | probationary part-time law enforcement officer may not | ||||||
22 | practice as a
part-time law enforcement
officer during the | ||||||
23 | extension waiver period. If training is
required and not | ||||||
24 | completed within the applicable time period, as extended by
| ||||||
25 | any waiver that may be granted, then the officer must forfeit | ||||||
26 | the officer's
position.
|
| |||||||
| |||||||
1 | An individual who is not certified by the Board or whose | ||||||
2 | certified status is inactive shall not function as a law | ||||||
3 | enforcement officer, be assigned the duties of a law | ||||||
4 | enforcement officer by an agency, or be authorized to carry | ||||||
5 | firearms under the authority of the employer, except that | ||||||
6 | sheriffs who are elected are exempt from the requirement of | ||||||
7 | certified status. Failure to be in accordance with this Act | ||||||
8 | shall cause the officer to forfeit the officer's position. | ||||||
9 | (a-5) A part-time probationary law enforcement officer | ||||||
10 | shall be allowed to complete six months of a part-time police | ||||||
11 | training course and function as a law enforcement officer as | ||||||
12 | permitted by this subsection with a waiver from the Board, | ||||||
13 | provided the part-time law enforcement officer is still | ||||||
14 | enrolled in the training course. If the part-time probationary | ||||||
15 | law enforcement officer withdraws from the course for any | ||||||
16 | reason or does not complete the course within the applicable | ||||||
17 | time period, as extended by any waiver that may be granted, | ||||||
18 | then the officer must forfeit the officer's position. A | ||||||
19 | probationary law enforcement officer must function under the | ||||||
20 | following rules: | ||||||
21 | (1) A law enforcement governmental agency may not | ||||||
22 | grant a person status as a law enforcement officer unless | ||||||
23 | the person has been granted an active law enforcement | ||||||
24 | officer certification by the Board. | ||||||
25 | (2) A part-time probationary law enforcement officer | ||||||
26 | shall not be used as a permanent replacement for a |
| |||||||
| |||||||
1 | full-time law enforcement. | ||||||
2 | (3) A part-time probationary law enforcement officer | ||||||
3 | shall be directly supervised at all times by a Board | ||||||
4 | certified law enforcement officer. Direct supervision | ||||||
5 | requires oversight and control with the supervisor having | ||||||
6 | final decision-making authority as to the actions of the | ||||||
7 | recruit during duty hours. | ||||||
8 | (b) Inactive status. A person who has an inactive law | ||||||
9 | enforcement officer certification has no law enforcement | ||||||
10 | authority. | ||||||
11 | (1) A law enforcement officer's certification becomes | ||||||
12 | inactive upon termination, resignation, retirement, or | ||||||
13 | separation from the employing governmental agency for any | ||||||
14 | reason. The Board shall re-activate a certification upon | ||||||
15 | written application from the law enforcement officer's | ||||||
16 | employing governmental agency that shows the law | ||||||
17 | enforcement officer: (i) has accepted a part-time law | ||||||
18 | enforcement position with that a law enforcement | ||||||
19 | governmental agency, (ii) is not the subject of a | ||||||
20 | decertification proceeding, and (iii) meets all other | ||||||
21 | criteria for re-activation required by the Board. | ||||||
22 | The Board may refuse to re-activate the certification | ||||||
23 | of a law enforcement officer who was involuntarily | ||||||
24 | terminated for good cause by the officer's employing | ||||||
25 | governmental agency for conduct subject to decertification | ||||||
26 | under this Act or resigned or retired after receiving |
| |||||||
| |||||||
1 | notice of a law enforcement governmental agency's | ||||||
2 | investigation. | ||||||
3 | (2) A law enforcement agency may place an officer who | ||||||
4 | is currently certified can place his or her certificate on | ||||||
5 | inactive status by sending a written request to the Board. | ||||||
6 | A law enforcement officer whose certificate has been | ||||||
7 | placed on inactive status shall not function as a law | ||||||
8 | enforcement officer until the officer has completed any | ||||||
9 | requirements for reactivating the certificate as required | ||||||
10 | by the Board. A request for inactive status in this | ||||||
11 | subsection shall be in writing, accompanied by verifying | ||||||
12 | documentation, and shall be submitted to the Board by the | ||||||
13 | law enforcement officer's employing governmental agency. | ||||||
14 | (3) Certification that has become inactive under | ||||||
15 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
16 | by written notice from the law enforcement officer's law | ||||||
17 | enforcement agency upon a showing that the law enforcement | ||||||
18 | officer is: (i) employed in a part-time full-time law | ||||||
19 | enforcement position with the same law enforcement | ||||||
20 | governmental agency, (ii) not the subject of a | ||||||
21 | decertification proceeding, and (iii) meets all other | ||||||
22 | criteria for re-activation required by the Board. The | ||||||
23 | Board may also establish special training requirements to | ||||||
24 | be completed as a condition for re-activation. | ||||||
25 | The Board shall review a notice for reactivation from | ||||||
26 | a law enforcement agency and provide a response within 30 |
| |||||||
| |||||||
1 | days. The Board may extend this review. A law enforcement | ||||||
2 | officer shall be allowed to be employed as a part-time law | ||||||
3 | enforcement officer while the law enforcement officer | ||||||
4 | reactivation waiver is under review. | ||||||
5 | A law enforcement officer who is refused reactivation | ||||||
6 | or an employing agency of a A law enforcement officer who | ||||||
7 | is refused reactivation under this Section may request a | ||||||
8 | hearing in accordance with the hearing procedures as | ||||||
9 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
10 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
11 | law enforcement officer whose certification has become | ||||||
12 | inactive under paragraph (2) may have the officer's | ||||||
13 | employing governmental agency submit a request for a | ||||||
14 | waiver of training requirements to the Board in writing | ||||||
15 | and accompanied by any verifying documentation . A grant of | ||||||
16 | a waiver is within the discretion of the Board. Within 7 | ||||||
17 | days of receiving a request for a waiver under this | ||||||
18 | section, the Board shall notify the law enforcement | ||||||
19 | officer and the chief administrator of the law enforcement | ||||||
20 | officer's employing governmental agency, whether the | ||||||
21 | request has been granted, denied, or if the Board will | ||||||
22 | take additional time for information. A law enforcement | ||||||
23 | agency or law enforcement officer, whose request for a | ||||||
24 | waiver under this subsection is denied, is entitled to | ||||||
25 | request a review of the denial by the Board. The law | ||||||
26 | enforcement agency must request a review within 20 days |
| |||||||
| |||||||
1 | after the waiver being denied. The burden of proof shall | ||||||
2 | be on the law enforcement agency to show why the law | ||||||
3 | enforcement officer is entitled to a waiver of the | ||||||
4 | legislatively required training and eligibility | ||||||
5 | requirements. A law enforcement officer whose request for | ||||||
6 | a waiver under this subsection is denied is entitled to | ||||||
7 | appeal the denial to the Board within 20 days of the waiver | ||||||
8 | being denied.
| ||||||
9 | (c) The part-time police training course referred to in | ||||||
10 | this Section
shall be of similar content and the same number of | ||||||
11 | hours as the courses for
full-time officers and
shall be | ||||||
12 | provided by
Mobile Team In-Service Training Units under the | ||||||
13 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
14 | Training Act or by another approved program
or facility in a | ||||||
15 | manner prescribed by the
Board.
| ||||||
16 | (d) Within 14 days, a law enforcement officer shall report | ||||||
17 | to the Board: (1) any name change; (2) any change in | ||||||
18 | employment; or (3) the filing of any criminal indictment or | ||||||
19 | charges against the officer alleging that the officer | ||||||
20 | committed any offense as enumerated in Section 6.1 of this | ||||||
21 | Act. | ||||||
22 | (e) All law enforcement officers must report the | ||||||
23 | completion of the training requirements required in this Act | ||||||
24 | in compliance with Section 8.4 of this Act. | ||||||
25 | (e-1) Each employing agency shall allow and provide an | ||||||
26 | opportunity for a law enforcement officer to complete the |
| |||||||
| |||||||
1 | requirements in this Act. All mandated training shall be | ||||||
2 | provided for at no cost to the employees. Employees shall be | ||||||
3 | paid for all time spent attending mandated training. | ||||||
4 | (e-2) Each agency, academy, or training provider shall | ||||||
5 | maintain proof of a law enforcement officer's completion of | ||||||
6 | legislatively required training in a format designated by the | ||||||
7 | Board. The report of training shall be submitted to the Board | ||||||
8 | within 30 days following completion of the training. A copy of | ||||||
9 | the report shall be submitted to the law enforcement officer. | ||||||
10 | Upon receipt of a properly completed report of training, the | ||||||
11 | Board will make the appropriate entry into the training | ||||||
12 | records of the law enforcement officer. | ||||||
13 | (f) For the purposes of this Section, the Board shall | ||||||
14 | adopt rules defining
what constitutes employment on a | ||||||
15 | part-time basis.
| ||||||
16 | (g) Notwithstanding any provision of law to the contrary, | ||||||
17 | the changes made to this Section by this amendatory Act of the | ||||||
18 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
19 | 1, 2022. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-22.)
| ||||||
21 | (50 ILCS 705/8.3) | ||||||
22 | (This Section may contain text from a Public Act with a | ||||||
23 | delayed effective date ) | ||||||
24 | Sec. 8.3. Emergency order of suspension. | ||||||
25 | (a) The Board, upon being notified that a law enforcement |
| |||||||
| |||||||
1 | officer has been arrested or indicted on any felony charge or | ||||||
2 | charges, may immediately suspend the law enforcement officer's | ||||||
3 | certification for a term specified by the Board to begin no | ||||||
4 | sooner than the date of the violation . The Board shall also | ||||||
5 | notify the chief administrator of any law enforcement | ||||||
6 | governmental agency currently employing the officer. The Board | ||||||
7 | shall have authority to dissolve an emergency order of | ||||||
8 | suspension at any time for any reason. | ||||||
9 | (a-5) The Board may consider the following factors in | ||||||
10 | determining the term of a suspension: | ||||||
11 | (1) the seriousness of the conduct resulting in the | ||||||
12 | arrest; | ||||||
13 | (2) whether the offense contains an element of actual | ||||||
14 | or threatened bodily injury or coerce against another | ||||||
15 | person; | ||||||
16 | (3) the law enforcement officer's previous arrests; | ||||||
17 | (4) the law enforcement officer's previous | ||||||
18 | certification suspensions; | ||||||
19 | (5) actual or potential harm to public safety; and | ||||||
20 | (6) rebuttal evidence regarding mitigating factors. | ||||||
21 | (b) Notice of the immediate suspension shall be served on | ||||||
22 | the law enforcement officer, the employing governmental | ||||||
23 | agency, the chief executive of the employing agency | ||||||
24 | municipality , and state the reason for suspension within seven | ||||||
25 | days. | ||||||
26 | (c) Upon service of the notice, the law enforcement |
| |||||||
| |||||||
1 | officer's employing agency officer shall have 30 days to | ||||||
2 | request to be heard by the Panel. The hearing, if requested by | ||||||
3 | the officer licensee , shall follow the hearing procedures as | ||||||
4 | outlined in subsection (h) of Section 6.3 of this Act. In the | ||||||
5 | hearing, the written communication and any other evidence | ||||||
6 | obtained therewith may be introduced as evidence against the | ||||||
7 | law enforcement officer; provided however, the law enforcement | ||||||
8 | officer, or their counsel, shall have the opportunity to | ||||||
9 | discredit, impeach and submit evidence rebutting such evidence | ||||||
10 | to explain why the officer's certification should not be | ||||||
11 | suspended or why the suspension should be shortened. The law | ||||||
12 | enforcement officer may also present any rebuttal evidence of | ||||||
13 | mitigating factors. | ||||||
14 | (d) At the meeting, the law enforcement officer may | ||||||
15 | present evidence, witnesses and argument as to why the | ||||||
16 | officer's certification should not be suspended. The Panel | ||||||
17 | shall review the recommendation from the administrative law | ||||||
18 | judge regarding the suspension, and if the Panel finds that | ||||||
19 | the proof is evident or the presumption great that the officer | ||||||
20 | has committed the offense charged, the Panel can sustain or | ||||||
21 | reduce the length of the suspension. If the Panel does not find | ||||||
22 | that the proof is evident or the presumption great that the | ||||||
23 | officer has committed the offense charged, the Panel can | ||||||
24 | reverse the suspension. | ||||||
25 | If the law enforcement officer does not request to be | ||||||
26 | heard or does not appear, the Panel may hold the hearing in the |
| |||||||
| |||||||
1 | officer's absence. The law enforcement officer and the | ||||||
2 | employing governmental agency shall be notified of the | ||||||
3 | decision of the Panel within 7 days. The law enforcement | ||||||
4 | officer may request to suspend the hearing until after the | ||||||
5 | officer's criminal trial has occurred, however the suspension | ||||||
6 | will remain intact until the hearing. | ||||||
7 | (e) Findings and conclusions made in hearing for an | ||||||
8 | emergency suspension shall not be binding on any party in any | ||||||
9 | subsequent proceeding under this Act. | ||||||
10 | (f) A Panel member acting in good faith, and not in a | ||||||
11 | willful and wanton manner, in accordance with this Section, | ||||||
12 | shall not, as a result of such actions, be subject to criminal | ||||||
13 | prosecution or civil damages, including but not limited to | ||||||
14 | lost wages.
| ||||||
15 | (g) Notwithstanding any provision of law to the contrary, | ||||||
16 | the changes made to this Section by this amendatory Act of the | ||||||
17 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
18 | 1, 2022. | ||||||
19 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
20 | (50 ILCS 705/8.4) | ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date ) | ||||||
23 | Sec. 8.4. Law enforcement compliance verification. | ||||||
24 | (a)(1) Unless on inactive status under subsection (b) of | ||||||
25 | Section 8.1 or subsection (b) of Section 8.2, every law |
| |||||||
| |||||||
1 | enforcement officer subject to this Act shall submit a | ||||||
2 | verification form that confirms compliance with this Act. The | ||||||
3 | verification shall apply to the 3 calendar years preceding the | ||||||
4 | date of verification. Law enforcement officers shall submit | ||||||
5 | the officer's first report by January 30 during the initial | ||||||
6 | three-year reporting period, as determined on the basis of the | ||||||
7 | law enforcement officer's last name under paragraph (2) of | ||||||
8 | this subsection then every third year of the officer's | ||||||
9 | applicable three-year report period as determined by the | ||||||
10 | Board. At the conclusion of each law enforcement officer's | ||||||
11 | applicable reporting period, the chief administrative officer | ||||||
12 | of the officer's law enforcement governmental agency is to | ||||||
13 | determine the compliance of each officer under this Section. | ||||||
14 | An officer may verify their successful completion of training | ||||||
15 | requirements with their law enforcement governmental agency. | ||||||
16 | Each law enforcement officer is responsible for reporting and | ||||||
17 | demonstrating compliance to the officer's chief administrative | ||||||
18 | officer. | ||||||
19 | (2) The applicable three-year reporting period shall begin | ||||||
20 | on January 30, 2023 for law enforcement officers whose last | ||||||
21 | names being with the letters A through G, on January 30, 2024 | ||||||
22 | for law enforcement officers whose last names being with the | ||||||
23 | letters H through O, and January 30, 2025 for law enforcement | ||||||
24 | officers whose last names being with the letters P through Z. | ||||||
25 | (3) The compliance verification form shall be in a form | ||||||
26 | and manner prescribed by the Board and, at a minimum, include |
| |||||||
| |||||||
1 | the following: (i) verification that the law enforcement | ||||||
2 | officer has completed the mandatory training programs in the | ||||||
3 | preceding 3 years; (ii) the law enforcement officer's current | ||||||
4 | employment information, including but not limited to, the | ||||||
5 | termination of any previous law enforcement or security | ||||||
6 | employment in the relevant time period; and (iii) a statement | ||||||
7 | verifying that the officer has not committed misconduct under | ||||||
8 | Section 6.1. | ||||||
9 | (b) (1) On October 1 of each year, the Board shall send | ||||||
10 | notice to all certified law enforcement officers, unless | ||||||
11 | exempted in (a), of the upcoming deadline to submit the | ||||||
12 | compliance verification form. No later than March 1 of each | ||||||
13 | year, the Board shall send notice to all certified law | ||||||
14 | enforcement officers who have failed to submit the compliance | ||||||
15 | verification form, as well as the officer's law enforcement | ||||||
16 | governmental agencies. The Board shall not send a notice of | ||||||
17 | noncompliance to law enforcement officers whom the Board | ||||||
18 | knows, based on the status of the law enforcement officer's | ||||||
19 | certification status, are inactive or retired. The Board may | ||||||
20 | accept compliance verification forms until April 1 of the year | ||||||
21 | in which a law enforcement officer is required to submit the | ||||||
22 | form. | ||||||
23 | (2) No earlier than April 1 of the year in which a law | ||||||
24 | enforcement officer is required to submit a verification form, | ||||||
25 | the Board may determine a law enforcement officer's | ||||||
26 | certification to be inactive if the law enforcement officer |
| |||||||
| |||||||
1 | failed to either: (1) submit a compliance verification in | ||||||
2 | accordance with this Section; or (2) report an exemption from | ||||||
3 | the requirements of this Section. The Board shall then send | ||||||
4 | notice, by mail or email, to any such law enforcement officer | ||||||
5 | and the officer's law enforcement governmental agency that the | ||||||
6 | officer's certificate will be deemed inactive on the date | ||||||
7 | specified in the notice, which shall be no sooner than 21 days | ||||||
8 | from the date of the notice, because of the officer's failure | ||||||
9 | to comply or report compliance, or failure to report an | ||||||
10 | exemption. The Board shall deem inactive the certificate of | ||||||
11 | such law enforcement officers on the date specified in the | ||||||
12 | notice unless the Board determines before that date that the | ||||||
13 | law enforcement officer has complied. A determination that a | ||||||
14 | certificate is inactive under this section is not a | ||||||
15 | disciplinary sanction. | ||||||
16 | (3) A law enforcement officer who was on voluntary | ||||||
17 | inactive status shall, upon return to active status, be | ||||||
18 | required to complete the deferred training programs within 1 | ||||||
19 | year. | ||||||
20 | (4) The Board may waive the reporting requirements, as | ||||||
21 | required in this section, if the law enforcement officer or | ||||||
22 | the officer's law enforcement governmental agency demonstrates | ||||||
23 | the existence of mitigating circumstances justifying the law | ||||||
24 | enforcement officer's failure to obtain the training | ||||||
25 | requirements due to failure of the officer's law enforcement | ||||||
26 | governmental agency or the Board to offer the training |
| |||||||
| |||||||
1 | requirement during the officer's required compliance | ||||||
2 | verification period. If the Board finds that the law | ||||||
3 | enforcement officer can meet the training requirements with | ||||||
4 | extended time, the Board may allow the law enforcement officer | ||||||
5 | a maximum of six additional months to complete the | ||||||
6 | requirements. | ||||||
7 | (5) A request for a training waiver under this subsection | ||||||
8 | due to the mitigating circumstance shall be in writing, | ||||||
9 | accompanied by verifying documentation, and shall be submitted | ||||||
10 | to the Board not less than 30 days before the end of the law | ||||||
11 | enforcement officer's required compliance verification period. | ||||||
12 | (6) A law enforcement officer whose request for waiver | ||||||
13 | under this subsection is denied, is entitled to a request for a | ||||||
14 | review by the Board. The law enforcement officer or the | ||||||
15 | officer's law enforcement agency must request a review within | ||||||
16 | 20 days after the waiver being denied. The burden of proof | ||||||
17 | shall be on the law enforcement officer to show why the officer | ||||||
18 | is entitled to a waiver. A law enforcement officer whose | ||||||
19 | request for waiver under this subsection is denied, is | ||||||
20 | entitled to a request for a review by the Board. The law | ||||||
21 | enforcement officer or the officer's governmental agency must | ||||||
22 | request a review within 20 days of the waiver being denied. The | ||||||
23 | burden of proof shall be on the law enforcement officer to show | ||||||
24 | why the officer is entitled to a waiver. | ||||||
25 | (c) Recordkeeping and audits. | ||||||
26 | (1) For four years after the end of each reporting |
| |||||||
| |||||||
1 | period, each certified law enforcement officer shall | ||||||
2 | maintain sufficient documentation necessary to corroborate | ||||||
3 | compliance with the mandatory training requirements under | ||||||
4 | this Act. | ||||||
5 | (2) Notwithstanding any other provision in state law, | ||||||
6 | for four years after the end of each reporting period, | ||||||
7 | each law enforcement governmental agency shall maintain | ||||||
8 | sufficient documentation necessary to corroborate | ||||||
9 | compliance with the mandatory training requirements under | ||||||
10 | this Act of each officer it employs or employed within the | ||||||
11 | relevant time period. | ||||||
12 | (3) The Board may audit compliance verification forms | ||||||
13 | submitted to determine the accuracy of the submissions. | ||||||
14 | The audit may include but is not limited to, training | ||||||
15 | verification and a law enforcement officer background | ||||||
16 | check. | ||||||
17 | (d) Audits that reveal an inaccurate verification. | ||||||
18 | (1) If an audit conducted under paragraph (3) of | ||||||
19 | subsection (c) of this Section reveals inaccurate | ||||||
20 | information, the Board shall provide the law enforcement | ||||||
21 | officer and employing law enforcement governmental agency | ||||||
22 | with written notice containing: (i) the results of the | ||||||
23 | audit, specifying each alleged inaccuracy; (ii) a summary | ||||||
24 | of the basis of that determination; and (iii) a deadline, | ||||||
25 | which shall be at least 30 days from the date of the | ||||||
26 | notice, for the law enforcement officer to file a written |
| |||||||
| |||||||
1 | response if the law enforcement officer objects to any of | ||||||
2 | the contents of the notice. | ||||||
3 | (2) After considering any response from the law | ||||||
4 | enforcement officer, if the Board determines that the law | ||||||
5 | enforcement officer filed an inaccurate verification, the | ||||||
6 | law enforcement officer shall be given 60 days in which to | ||||||
7 | file an amended verification form, together with all | ||||||
8 | documentation specified in paragraph (e)(1), demonstrating | ||||||
9 | full compliance with the applicable requirements. | ||||||
10 | (3) If the results of the audit suggest that the law | ||||||
11 | enforcement officer willfully filed a false verification | ||||||
12 | form, the Board shall submit a formal complaint to the | ||||||
13 | Panel for decertification. An officer who has been | ||||||
14 | decertified for willfully filing a false verification form | ||||||
15 | shall not be eligible for reactivation under subsection | ||||||
16 | (e). | ||||||
17 | (e) Reactivation. A law enforcement officer who has been | ||||||
18 | deemed inactive due to noncompliance with the reporting | ||||||
19 | requirements under paragraph (a)(1) may request to have the | ||||||
20 | Board re-activate his or her certification upon submitting a | ||||||
21 | compliance verification form that shows full compliance for | ||||||
22 | the period in which the law enforcement officer was deemed | ||||||
23 | inactive due to noncompliance. The Board shall make a | ||||||
24 | determination regarding a submission under this subsection | ||||||
25 | active no later than 7 days after the Board determines full | ||||||
26 | compliance or continued noncompliance.
|
| |||||||
| |||||||
1 | A law enforcement officer whose request for reactivation | ||||||
2 | under this subsection (e) is denied is entitled to request a | ||||||
3 | review by the Board. The law enforcement officer or the | ||||||
4 | officer's law enforcement agency must request a review within | ||||||
5 | 20 days after reactivation being denied. The burden of proof | ||||||
6 | shall be on the law enforcement officer or law enforcement | ||||||
7 | agency to show that the officer is in full compliance. | ||||||
8 | (f) Notwithstanding any provision of law to the contrary, | ||||||
9 | the changes made to this Section by this amendatory Act of the | ||||||
10 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
11 | 1, 2022. | ||||||
12 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
13 | (50 ILCS 705/9.2) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date ) | ||||||
16 | Sec. 9.2. Officer professional conduct database; | ||||||
17 | transparency. | ||||||
18 | (a) All law enforcement governmental agencies and the | ||||||
19 | Illinois State Police shall notify the Board of any final | ||||||
20 | determination of a willful violation of department, agency, or | ||||||
21 | the Illinois State Police policy, official misconduct, or | ||||||
22 | violation of law within 10 days when: | ||||||
23 | (1) the determination leads to a suspension of at | ||||||
24 | least 10 days; | ||||||
25 | (2) any infraction that would trigger an official or |
| |||||||
| |||||||
1 | formal investigation under a law enforcement governmental | ||||||
2 | agency or the Illinois State Police policy; | ||||||
3 | (3) there is an allegation of misconduct or regarding | ||||||
4 | truthfulness as to a material fact, bias, or integrity; or | ||||||
5 | (4) the officer resigns or retires during the course | ||||||
6 | of an investigation and the officer has been served notice | ||||||
7 | that the officer is under investigation. | ||||||
8 | Agencies and the Illinois State Police may report to the | ||||||
9 | Board any conduct they deem appropriate to disseminate to | ||||||
10 | another law enforcement governmental agency regarding a law | ||||||
11 | enforcement officer. | ||||||
12 | The agency or the Illinois State Police shall report to | ||||||
13 | the Board within 10 days of a final determination and final | ||||||
14 | exhaustion of any administrative appeal, or the law | ||||||
15 | enforcement officer's resignation or retirement, and shall | ||||||
16 | provide information regarding the nature of the violation. | ||||||
17 | This notification shall not necessarily trigger certification | ||||||
18 | review. | ||||||
19 | A law enforcement governmental agency and the Illinois | ||||||
20 | State Police shall be immune from liability for a disclosure | ||||||
21 | made as described in this subsection, unless the disclosure | ||||||
22 | would constitute intentional misrepresentation or gross | ||||||
23 | negligence. | ||||||
24 | (b) Within 14 days after receiving notification Upon | ||||||
25 | receiving notification from a law enforcement governmental | ||||||
26 | agency or the Illinois State Police, the Board must notify the |
| |||||||
| |||||||
1 | law enforcement officer of the report and the officer's right | ||||||
2 | to provide a statement regarding the reported violation. The | ||||||
3 | law enforcement officer shall have 14 days from receiving | ||||||
4 | notice to provide a written objection contesting information | ||||||
5 | included in the agency's report. The objection must be filed | ||||||
6 | with the Board on a form prescribed by the Board and a copy | ||||||
7 | must be served on the law enforcement agency. The objection | ||||||
8 | shall remain in the database with the reported violation. | ||||||
9 | (c) The Board shall maintain a database readily available | ||||||
10 | to any chief administrative officer, or the officer's | ||||||
11 | designee, of a law enforcement governmental agency and the | ||||||
12 | Illinois State Police that shall show for each law enforcement | ||||||
13 | officer: (i) dates of certification, decertification, and | ||||||
14 | inactive status; (ii) each sustained instance of departmental | ||||||
15 | misconduct that lead to a suspension at least 10 days or any | ||||||
16 | infraction that would trigger an official or formal | ||||||
17 | investigation under the law enforcement governmental agency | ||||||
18 | policy, any allegation of misconduct regarding truthfulness as | ||||||
19 | to a material fact, bias, or integrity, or any other reported | ||||||
20 | violation, the nature of the violation, the reason for the | ||||||
21 | final decision of discharge or dismissal, and any statement | ||||||
22 | provided by the officer; (iii) date of separation from | ||||||
23 | employment from any local or state law enforcement | ||||||
24 | governmental agency; (iv) the reason for separation from | ||||||
25 | employment, including, but not limited to: whether the | ||||||
26 | separation was based on misconduct or occurred while the law |
| |||||||
| |||||||
1 | enforcement local or State governmental agency was conducting | ||||||
2 | an investigation of the certified individual for a violation | ||||||
3 | of an employing agency's rules, policy or procedure or other | ||||||
4 | misconduct or improper action. | ||||||
5 | (1) This database shall also be accessible to the | ||||||
6 | State's Attorney of any county in this State and the | ||||||
7 | Attorney General for the purpose of complying with | ||||||
8 | obligations under Brady v. Maryland (373 U.S. 83) or | ||||||
9 | Giglio v. United States (405 U.S. 150). This database | ||||||
10 | shall also be accessible to the chief administrative | ||||||
11 | officer of any law enforcement governmental agency for the | ||||||
12 | purposes of hiring law enforcement officers. This database | ||||||
13 | shall not be accessible to anyone not listed in this | ||||||
14 | subsection. | ||||||
15 | (2) Before a law enforcement governmental agency may | ||||||
16 | appoint a law enforcement officer or a person seeking a | ||||||
17 | certification as a law enforcement officer in this State, | ||||||
18 | the chief administrative officer or designee must check | ||||||
19 | the Officer Professional Conduct Database, contact each | ||||||
20 | person's previous law enforcement employers, and document | ||||||
21 | the contact. This documentation must be available for | ||||||
22 | review by the Board for a minimum of five years after the | ||||||
23 | law enforcement officer's termination, retirement, | ||||||
24 | resignation or separation with that agency. | ||||||
25 | (3) The database, documents, materials, or other | ||||||
26 | information in the possession or control of the Board that |
| |||||||
| |||||||
1 | are obtained by or disclosed to the Board under this | ||||||
2 | subsection shall be confidential by law and privileged, | ||||||
3 | shall not be subject to subpoena, and shall not be subject | ||||||
4 | to discovery or admissible in evidence in any private | ||||||
5 | civil action when sought from the Board . However, the | ||||||
6 | Board is authorized to use such documents, materials, or | ||||||
7 | other information in furtherance of any regulatory or | ||||||
8 | legal action brought as part of the Board's official | ||||||
9 | duties. The Unless otherwise required by law, the Board | ||||||
10 | shall not disclose the database or make such documents, | ||||||
11 | materials, or other information it has obtained or that | ||||||
12 | has been disclosed to it to the public without the prior | ||||||
13 | written consent of the governmental agency and the law | ||||||
14 | enforcement officer . Neither the Board nor any person who | ||||||
15 | received documents, materials or other information shared | ||||||
16 | under this subsection shall be required to testify in any | ||||||
17 | private civil action concerning the database or any | ||||||
18 | confidential documents, materials, or information subject | ||||||
19 | to this subsection. | ||||||
20 | Nothing in this Section shall exempt a governmental agency | ||||||
21 | from disclosing public records in accordance with the Freedom | ||||||
22 | of Information Act. | ||||||
23 | (d) The Board shall maintain a searchable database of law | ||||||
24 | enforcement officers accessible to the public that shall | ||||||
25 | include: (i) the law enforcement officer's employing local or | ||||||
26 | state governmental agency; (ii) the date of the officer's |
| |||||||
| |||||||
1 | initial certification and the officer's current certification | ||||||
2 | status; and (iii) any sustained complaint of misconduct that | ||||||
3 | resulted in decertification and the date thereof; provided, | ||||||
4 | however, that information shall not be included in the | ||||||
5 | database that would allow the public to ascertain the home | ||||||
6 | address of an officer or another person; provided further, | ||||||
7 | that information regarding an officer's or another person's | ||||||
8 | family member shall not be included in the database. The Board | ||||||
9 | shall make the database publicly available on its website. | ||||||
10 | (e) The Board shall maintain a searchable database of all | ||||||
11 | completed investigations against law enforcement officers | ||||||
12 | related to decertification. The database shall identify each | ||||||
13 | law enforcement officer by a confidential and anonymous number | ||||||
14 | and include: (i) the law enforcement officer's employing local | ||||||
15 | or state governmental agency; (ii) the date of the incident | ||||||
16 | referenced in the complaint; (iii) the location of the | ||||||
17 | incident; (iv) the race and ethnicity of each officer involved | ||||||
18 | in the incident; (v) the age, gender, race and ethnicity of | ||||||
19 | each person involved in the incident, if known; (vi) whether a | ||||||
20 | person in the complaint, including a law enforcement officer, | ||||||
21 | was injured, received emergency medical care, was hospitalized | ||||||
22 | or died as a result of the incident; (vii) the law enforcement | ||||||
23 | governmental agency or other entity assigned to conduct an | ||||||
24 | investigation of the incident; (viii) when the investigation | ||||||
25 | was completed; (ix) whether the complaint was sustained; and | ||||||
26 | (x) the type of misconduct investigated; provided, however, |
| |||||||
| |||||||
1 | that the Board shall redact or withhold such information as | ||||||
2 | necessary to prevent the disclosure of the identity of an | ||||||
3 | officer. The Board shall make the database publicly available | ||||||
4 | on its website. | ||||||
5 | (e-1) An investigation is complete when the investigation | ||||||
6 | has either been terminated or the decertification action, | ||||||
7 | including the administrative review process, has been | ||||||
8 | completed, whichever is later. | ||||||
9 | (e-2) At any time, a law enforcement officer shall have | ||||||
10 | access to the law enforcement officer's own records on file | ||||||
11 | with the Board, as it pertains to the databases in this | ||||||
12 | Section. | ||||||
13 | (f) Annual report. The Board shall submit an annual report | ||||||
14 | to the Governor, Attorney General, President and Minority | ||||||
15 | Leader of the Senate, and the Speaker and Minority Leader of | ||||||
16 | the House of Representatives beginning on or before March 1, | ||||||
17 | 2023, and every year thereafter indicating: | ||||||
18 | (1) the number of complaints received in the preceding | ||||||
19 | calendar year, including but not limited to the race, | ||||||
20 | gender, and type of discretionary decertification | ||||||
21 | complaints received; | ||||||
22 | (2) the number of investigations initiated in the | ||||||
23 | preceding calendar year since the
date of the last report; | ||||||
24 | (3) the number of investigations concluded in the | ||||||
25 | preceding calendar year; | ||||||
26 | (4) the number of investigations pending as of the |
| |||||||
| |||||||
1 | last
reporting date of the preceding calendar year ; | ||||||
2 | (5) the number of hearings held in the preceding | ||||||
3 | calendar year; and | ||||||
4 | (6) the number of officers decertified in the | ||||||
5 | preceding calendar year.
| ||||||
6 | The annual report shall be publicly available on the | ||||||
7 | website of the Board. | ||||||
8 | (g) Nothing in this Section shall exempt a law enforcement | ||||||
9 | agency from which the Board has obtained data, documents, | ||||||
10 | materials, or other information or that has disclosed data, | ||||||
11 | documents, materials, or other information to the Board from | ||||||
12 | disclosing public records in accordance with the Freedom of | ||||||
13 | Information Act. | ||||||
14 | (h) Notwithstanding any provision of law to the contrary, | ||||||
15 | the changes made to this Section by this amendatory Act of the | ||||||
16 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
17 | 1, 2022. | ||||||
18 | (Source: P.A. 101-652, eff. 1-1-22.)
| ||||||
19 | (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
| ||||||
20 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
21 | Sec. 10.1. Additional training programs. The Board shall | ||||||
22 | initiate,
administer,
and conduct training programs for | ||||||
23 | permanent police officers and permanent
county corrections | ||||||
24 | officers in addition to the basic recruit training program.
| ||||||
25 | The Board may initiate, administer, and conduct training |
| |||||||
| |||||||
1 | programs for
part-time police officers in
addition
to the | ||||||
2 | basic part-time police training course. The training for | ||||||
3 | permanent and
part-time
police officers and permanent county | ||||||
4 | corrections officers may
be given in any schools selected by | ||||||
5 | the Board. Such training may include all
or any part of the | ||||||
6 | subjects enumerated in Section 7 of this Act.
| ||||||
7 | The corporate authorities of all participating local | ||||||
8 | governmental agencies
may elect to participate in the advanced | ||||||
9 | training for permanent and
part-time police officers and | ||||||
10 | permanent county corrections
officers but nonparticipation in | ||||||
11 | this program shall not in any way affect the
mandatory | ||||||
12 | responsibility of governmental units to participate in the | ||||||
13 | basic
recruit training programs for probationary full-time and | ||||||
14 | part-time
police
and permanent county corrections officers. | ||||||
15 | The failure of any permanent or
part-time
police officer or | ||||||
16 | permanent county corrections officer to
successfully complete | ||||||
17 | any course authorized under this Section
shall not affect the | ||||||
18 | officer's status as a member of the police
department or | ||||||
19 | county sheriff's office of any local governmental agency.
| ||||||
20 | The Board may initiate, administer, and conduct training | ||||||
21 | programs for
clerks of circuit courts. Those training | ||||||
22 | programs, at the Board's discretion,
may be the same or | ||||||
23 | variations of training programs for law enforcement
officers.
| ||||||
24 | The Board shall initiate, administer, and conduct a | ||||||
25 | training program
regarding the set
up and operation of
| ||||||
26 | portable scales for all municipal and county police officers, |
| |||||||
| |||||||
1 | technicians,
and employees who set up
and operate portable | ||||||
2 | scales. This
training
program must include classroom and field | ||||||
3 | training.
| ||||||
4 | (Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
| ||||||
5 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
6 | Sec. 10.1. Additional training programs. The Board shall | ||||||
7 | initiate,
administer,
and conduct training programs for | ||||||
8 | permanent law enforcement officers and permanent
county | ||||||
9 | corrections officers in addition to the basic recruit training | ||||||
10 | program.
The Board may initiate, administer, and conduct | ||||||
11 | training programs for
part-time law enforcement officers in
| ||||||
12 | addition
to the basic part-time law enforcement training | ||||||
13 | course. The training for permanent and
part-time law | ||||||
14 | enforcement
officers and permanent county corrections officers | ||||||
15 | may
be given in any schools selected by the Board. Such | ||||||
16 | training may include all
or any part of the subjects | ||||||
17 | enumerated in Sections 7 and 7.4 Section 7 of this Act.
| ||||||
18 | The corporate authorities of all participating local | ||||||
19 | governmental agencies
may elect to participate in the advanced | ||||||
20 | training for permanent and
part-time law enforcement officers | ||||||
21 | and permanent county corrections
officers but nonparticipation | ||||||
22 | in this program shall not in any way affect the
mandatory | ||||||
23 | responsibility of governmental units to participate in the | ||||||
24 | basic
recruit training programs for probationary full-time and | ||||||
25 | part-time law enforcement
and permanent county corrections |
| |||||||
| |||||||
1 | officers. The failure of any permanent or
part-time law | ||||||
2 | enforcement
officer or permanent county corrections officer to
| ||||||
3 | successfully complete any course authorized under this Section
| ||||||
4 | shall not affect the officer's status as a member of the police
| ||||||
5 | department or county sheriff's office of any local | ||||||
6 | governmental agency.
| ||||||
7 | The Board may initiate, administer, and conduct training | ||||||
8 | programs for
clerks of circuit courts. Those training | ||||||
9 | programs, at the Board's discretion,
may be the same or | ||||||
10 | variations of training programs for law enforcement
officers.
| ||||||
11 | The Board shall initiate, administer, and conduct a | ||||||
12 | training program
regarding the set
up and operation of
| ||||||
13 | portable scales for all municipal and county police officers, | ||||||
14 | technicians,
and employees who set up
and operate portable | ||||||
15 | scales. This
training
program must include classroom and field | ||||||
16 | training.
| ||||||
17 | (Source: P.A. 101-652, eff. 1-1-22.)
| ||||||
18 | (50 ILCS 705/10.2)
| ||||||
19 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
20 | Sec. 10.2. Criminal background investigations.
| ||||||
21 | (a) On and after March 14, 2002 (the effective date of | ||||||
22 | Public Act 92-533),
an applicant for employment as a peace | ||||||
23 | officer, or for annual certification as a retired law | ||||||
24 | enforcement officer qualified under federal law to carry a | ||||||
25 | concealed weapon, shall authorize an
investigation to |
| |||||||
| |||||||
1 | determine if
the applicant has been convicted of, or entered a | ||||||
2 | plea of guilty to, any criminal offense that disqualifies the
| ||||||
3 | person as a peace
officer.
| ||||||
4 | (b) No law enforcement agency may knowingly employ a | ||||||
5 | person, or certify a retired law enforcement officer qualified | ||||||
6 | under federal law to carry a concealed weapon, unless (i) a
| ||||||
7 | criminal
background investigation of that person
has been | ||||||
8 | completed and (ii) that investigation reveals no convictions | ||||||
9 | of or pleas of guilty to
offenses specified in subsection (a) | ||||||
10 | of Section 6.1 of this Act.
| ||||||
11 | (Source: P.A. 101-187, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
12 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
13 | Sec. 10.2. Criminal background investigations.
| ||||||
14 | (a) On and after March 14, 2002 (the effective date of | ||||||
15 | Public Act 92-533),
an applicant for employment as a peace | ||||||
16 | officer, or for annual certification as a retired law | ||||||
17 | enforcement officer qualified under federal law to carry a | ||||||
18 | concealed weapon, shall authorize an
investigation to | ||||||
19 | determine if
the applicant has been convicted of any criminal | ||||||
20 | offense that disqualifies the
person as a peace
officer.
| ||||||
21 | (b) No law enforcement governmental agency may knowingly | ||||||
22 | employ a person, or certify a retired law enforcement officer | ||||||
23 | qualified under federal law to carry a concealed weapon, | ||||||
24 | unless (i) a
criminal
background investigation of that person
| ||||||
25 | has been completed and (ii) that investigation reveals no |
| |||||||
| |||||||
1 | convictions of or pleas of guilty to
offenses specified in | ||||||
2 | subsection (a) of Section 6.1 of this Act.
| ||||||
3 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
4 | 102-558, eff. 8-20-21.)
| ||||||
5 | (50 ILCS 705/10.6) | ||||||
6 | (This Section may contain text from a Public Act with a | ||||||
7 | delayed effective date ) | ||||||
8 | Sec. 10.6. Mandatory training to be completed every 3 | ||||||
9 | years. | ||||||
10 | (a) The Board shall adopt rules and
minimum standards for | ||||||
11 | in-service training requirements as set forth in this Section. | ||||||
12 | The training shall provide officers with knowledge of policies | ||||||
13 | and laws regulating the use of force; equip officers with | ||||||
14 | tactics and skills, including de-escalation techniques, to | ||||||
15 | prevent or reduce the need to use force or, when force must be | ||||||
16 | used, to use force that is objectively reasonable, necessary, | ||||||
17 | and proportional under the totality of the circumstances; and | ||||||
18 | ensure appropriate supervision and accountability.
The | ||||||
19 | training shall consist of at least 30 hours of training every 3 | ||||||
20 | years and shall include: | ||||||
21 | (1) At least 12 hours of hands-on, scenario-based | ||||||
22 | role-playing. | ||||||
23 | (2) At least 6 hours of instruction on use of force | ||||||
24 | techniques, including the use of de-escalation techniques | ||||||
25 | to prevent or reduce the need for force whenever safe and |
| |||||||
| |||||||
1 | feasible. | ||||||
2 | (3) Specific training on the law concerning stops, | ||||||
3 | searches, and the use of force under the Fourth Amendment | ||||||
4 | to the United States Constitution. | ||||||
5 | (4) Specific training on officer safety techniques, | ||||||
6 | including cover, concealment, and time. | ||||||
7 | (5) At least 6 hours of training focused on high-risk | ||||||
8 | traffic stops.
| ||||||
9 | (b) Notwithstanding any provision of law to the contrary, | ||||||
10 | the changes made to this Section by this amendatory Act of the | ||||||
11 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
12 | 102-28 take effect July 1, 2022. | ||||||
13 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
14 | (50 ILCS 705/10.11) | ||||||
15 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
16 | Sec. 10.11. Training; death and homicide investigation. | ||||||
17 | The Illinois Law Enforcement Training Standards Board shall | ||||||
18 | conduct or approve a training program in death and homicide | ||||||
19 | investigation for the training of law enforcement officers of | ||||||
20 | local government agencies. Only law enforcement officers who | ||||||
21 | successfully complete the training program may be assigned as | ||||||
22 | lead investigators in death and homicide investigations. | ||||||
23 | Satisfactory completion of the training program shall be | ||||||
24 | evidenced by a certificate issued to the law enforcement | ||||||
25 | officer by the Illinois Law Enforcement Training Standards |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | The Illinois Law Enforcement Training Standards Board | ||||||
3 | shall develop a process for waiver applications sent by a | ||||||
4 | local law enforcement agency administrator for those officers | ||||||
5 | whose prior training and experience as homicide investigators | ||||||
6 | may qualify them for a waiver. The Board may issue a waiver at | ||||||
7 | its discretion, based solely on the prior training and | ||||||
8 | experience of an officer as a homicide investigator. This | ||||||
9 | Section does not affect or impede the powers of the office of | ||||||
10 | the coroner to investigate all deaths as provided in Division | ||||||
11 | 3-3 of the Counties Code and the Coroner Training Board Act. | ||||||
12 | (Source: P.A. 102-558, eff. 8-20-21.) | ||||||
13 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
14 | Sec. 10.11. Training; death and homicide investigation. | ||||||
15 | The Illinois Law Enforcement Training Standards Board shall | ||||||
16 | conduct or approve a training program in death and homicide | ||||||
17 | investigation for the training of law enforcement officers of | ||||||
18 | local law enforcement government agencies. Only law | ||||||
19 | enforcement officers who successfully complete the training | ||||||
20 | program may be assigned as lead investigators in death and | ||||||
21 | homicide investigations. Satisfactory completion of the | ||||||
22 | training program shall be evidenced by a certificate issued to | ||||||
23 | the law enforcement officer by the Illinois Law Enforcement | ||||||
24 | Training Standards Board.
| ||||||
25 | The Illinois Law Enforcement Training Standards Board |
| |||||||
| |||||||
1 | shall develop a process for waiver applications sent by a | ||||||
2 | local governmental agency administrator for those officers | ||||||
3 | whose prior training and experience as homicide investigators | ||||||
4 | may qualify them for a waiver. The Board may issue a waiver at | ||||||
5 | its discretion, based solely on the prior training and | ||||||
6 | experience of an officer as a homicide investigator. This | ||||||
7 | Section does not affect or impede the powers of the office of | ||||||
8 | the coroner to investigate all deaths as provided in Division | ||||||
9 | 3-3 of the Counties Code and the Coroner Training Board Act. | ||||||
10 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.) | ||||||
11 | (50 ILCS 705/10.12) | ||||||
12 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
13 | Sec. 10.12. Police dog training standards. All police dogs | ||||||
14 | used by State and local law enforcement agencies for drug | ||||||
15 | enforcement purposes pursuant to the Cannabis Control Act, the | ||||||
16 | Illinois Controlled Substances Act, or the Methamphetamine | ||||||
17 | Control and Community Protection Act shall be trained by | ||||||
18 | programs that meet the minimum certification requirements set | ||||||
19 | by the Board.
| ||||||
20 | (Source: P.A. 101-27, eff. 6-25-19.) | ||||||
21 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
22 | Sec. 10.12. Police dog training standards. All police dogs | ||||||
23 | used by State and local law enforcement governmental agencies | ||||||
24 | for drug enforcement purposes pursuant to the Cannabis Control |
| |||||||
| |||||||
1 | Act, the Illinois Controlled Substances Act, or the | ||||||
2 | Methamphetamine Control and Community Protection Act shall be | ||||||
3 | trained by programs that meet the minimum certification | ||||||
4 | requirements set by the Board.
| ||||||
5 | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22.) | ||||||
6 | (50 ILCS 705/10.13) | ||||||
7 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
8 | Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||||||
9 | (PTSD). The Illinois Law Enforcement Training Standards Board | ||||||
10 | shall conduct or approve a training program in Post-Traumatic | ||||||
11 | Stress Disorder (PTSD) for law enforcement officers of local | ||||||
12 | government agencies. The purpose of that training shall be to | ||||||
13 | equip law enforcement officers of local government agencies to | ||||||
14 | identify the symptoms of PTSD and to respond appropriately to | ||||||
15 | individuals exhibiting those symptoms.
| ||||||
16 | (Source: P.A. 97-1040, eff. 1-1-13.) | ||||||
17 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
18 | Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||||||
19 | (PTSD). The Illinois Law Enforcement Training Standards Board | ||||||
20 | shall conduct or approve a training program in Post-Traumatic | ||||||
21 | Stress Disorder (PTSD) for law enforcement officers of local | ||||||
22 | law enforcement governmental agencies. The purpose of that | ||||||
23 | training shall be to equip law enforcement officers of local | ||||||
24 | law enforcement governmental agencies to identify the symptoms |
| |||||||
| |||||||
1 | of PTSD and to respond appropriately to individuals exhibiting | ||||||
2 | those symptoms.
| ||||||
3 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
4 | (50 ILCS 705/10.16) | ||||||
5 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
6 | Sec. 10.16. Veterans' awareness. The Illinois Law | ||||||
7 | Enforcement Training Standards Board may conduct or approve a | ||||||
8 | training program in veterans' awareness for law enforcement | ||||||
9 | officers of local government agencies. The program shall train | ||||||
10 | law enforcement officers to identify issues relating to | ||||||
11 | veterans and provide guidelines dictating how law enforcement | ||||||
12 | officers should respond to and address such issues. Each local | ||||||
13 | government agency is encouraged to designate an individual to | ||||||
14 | respond to veterans' issues.
| ||||||
15 | (Source: P.A. 98-960, eff. 1-1-15 .) | ||||||
16 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
17 | Sec. 10.16. Veterans' awareness. The Illinois Law | ||||||
18 | Enforcement Training Standards Board may conduct or approve a | ||||||
19 | training program in veterans' awareness for law enforcement | ||||||
20 | officers of local government agencies. The program shall train | ||||||
21 | law enforcement officers to identify issues relating to | ||||||
22 | veterans and provide guidelines dictating how law enforcement | ||||||
23 | officers should respond to and address such issues. Each local | ||||||
24 | law enforcement governmental agency is encouraged to designate |
| |||||||
| |||||||
1 | an individual to respond to veterans' issues.
| ||||||
2 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
3 | (50 ILCS 705/10.19) | ||||||
4 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
5 | Sec. 10.19. Training; administration of epinephrine. | ||||||
6 | (a) This Section, along with Section 40 of the State | ||||||
7 | Police Act, may be referred to as the Annie LeGere Law. | ||||||
8 | (b) For purposes of this Section, "epinephrine | ||||||
9 | auto-injector" means a single-use device used for the | ||||||
10 | automatic injection of a pre-measured dose of epinephrine into | ||||||
11 | the human body prescribed in the name of a local governmental | ||||||
12 | agency. | ||||||
13 | (c) The Board shall conduct or approve an optional | ||||||
14 | advanced training program for police officers to recognize and | ||||||
15 | respond to anaphylaxis, including the administration of an | ||||||
16 | epinephrine auto-injector. The training must include, but is | ||||||
17 | not limited to: | ||||||
18 | (1) how to recognize symptoms of an allergic reaction; | ||||||
19 | (2) how to respond to an emergency involving an | ||||||
20 | allergic reaction; | ||||||
21 | (3) how to administer an epinephrine auto-injector; | ||||||
22 | (4) how to respond to an individual with a known | ||||||
23 | allergy as well as an individual with a previously unknown | ||||||
24 | allergy; | ||||||
25 | (5) a test demonstrating competency of the knowledge |
| |||||||
| |||||||
1 | required to recognize anaphylaxis and administer an | ||||||
2 | epinephrine auto-injector; and | ||||||
3 | (6) other criteria as determined in rules adopted by | ||||||
4 | the Board. | ||||||
5 | (d) A local governmental agency may authorize a police | ||||||
6 | officer who has completed an optional advanced training | ||||||
7 | program under subsection (c) to carry, administer, or assist | ||||||
8 | with the administration of epinephrine auto-injectors provided | ||||||
9 | by the local governmental agency whenever he or she is | ||||||
10 | performing official duties. | ||||||
11 | (e) A local governmental agency that authorizes its | ||||||
12 | officers to carry and administer epinephrine auto-injectors | ||||||
13 | under subsection (d) must establish a policy to control the | ||||||
14 | acquisition, storage, transportation, administration, and | ||||||
15 | disposal of epinephrine auto-injectors and to provide | ||||||
16 | continued training in the administration of epinephrine | ||||||
17 | auto-injectors. | ||||||
18 | (f) A physician, physician's assistant with prescriptive | ||||||
19 | authority, or advanced practice registered nurse with | ||||||
20 | prescriptive authority may provide a standing protocol or | ||||||
21 | prescription for epinephrine auto-injectors in the name of a | ||||||
22 | local governmental agency to be maintained for use when | ||||||
23 | necessary. | ||||||
24 | (g) When a police officer administers an epinephrine | ||||||
25 | auto-injector in good faith, the police officer and local | ||||||
26 | governmental agency, and its employees and agents, including a |
| |||||||
| |||||||
1 | physician, physician's assistant with prescriptive authority, | ||||||
2 | or advanced practice registered nurse with prescriptive | ||||||
3 | authority who provides a standing order or prescription for an | ||||||
4 | epinephrine auto-injector, incur no civil or professional | ||||||
5 | liability, except for willful and wanton conduct, as a result | ||||||
6 | of any injury or death arising from the use of an epinephrine | ||||||
7 | auto-injector.
| ||||||
8 | (Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
9 | 100-648, eff. 7-31-18.) | ||||||
10 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
11 | Sec. 10.19. Training; administration of epinephrine. | ||||||
12 | (a) This Section, along with Section 40 of the State | ||||||
13 | Police Act, may be referred to as the Annie LeGere Law. | ||||||
14 | (b) For purposes of this Section, "epinephrine | ||||||
15 | auto-injector" means a single-use device used for the | ||||||
16 | automatic injection of a pre-measured dose of epinephrine into | ||||||
17 | the human body prescribed in the name of a local law | ||||||
18 | enforcement governmental agency. | ||||||
19 | (c) The Board shall conduct or approve an optional | ||||||
20 | advanced training program for law enforcement officers to | ||||||
21 | recognize and respond to anaphylaxis, including the | ||||||
22 | administration of an epinephrine auto-injector. The training | ||||||
23 | must include, but is not limited to: | ||||||
24 | (1) how to recognize symptoms of an allergic reaction; | ||||||
25 | (2) how to respond to an emergency involving an |
| |||||||
| |||||||
1 | allergic reaction; | ||||||
2 | (3) how to administer an epinephrine auto-injector; | ||||||
3 | (4) how to respond to an individual with a known | ||||||
4 | allergy as well as an individual with a previously unknown | ||||||
5 | allergy; | ||||||
6 | (5) a test demonstrating competency of the knowledge | ||||||
7 | required to recognize anaphylaxis and administer an | ||||||
8 | epinephrine auto-injector; and | ||||||
9 | (6) other criteria as determined in rules adopted by | ||||||
10 | the Board. | ||||||
11 | (d) A local law enforcement governmental agency may | ||||||
12 | authorize a law enforcement officer who has completed an | ||||||
13 | optional advanced training program under subsection (c) to | ||||||
14 | carry, administer, or assist with the administration of | ||||||
15 | epinephrine auto-injectors provided by the local law | ||||||
16 | enforcement governmental agency whenever the officer is | ||||||
17 | performing official duties. | ||||||
18 | (e) A local law enforcement governmental agency that | ||||||
19 | authorizes its officers to carry and administer epinephrine | ||||||
20 | auto-injectors under subsection (d) must establish a policy to | ||||||
21 | control the acquisition, storage, transportation, | ||||||
22 | administration, and disposal of epinephrine auto-injectors and | ||||||
23 | to provide continued training in the administration of | ||||||
24 | epinephrine auto-injectors. | ||||||
25 | (f) A physician, physician's assistant with prescriptive | ||||||
26 | authority, or advanced practice registered nurse with |
| |||||||
| |||||||
1 | prescriptive authority may provide a standing protocol or | ||||||
2 | prescription for epinephrine auto-injectors in the name of a | ||||||
3 | local law enforcement governmental agency to be maintained for | ||||||
4 | use when necessary. | ||||||
5 | (g) When a law enforcement officer administers an | ||||||
6 | epinephrine auto-injector in good faith, the law enforcement | ||||||
7 | officer and local law enforcement governmental agency, and its | ||||||
8 | employees and agents, including a physician, physician's | ||||||
9 | assistant with prescriptive authority, or advanced practice | ||||||
10 | registered nurse with prescriptive authority who provides a | ||||||
11 | standing order or prescription for an epinephrine | ||||||
12 | auto-injector, incur no civil or professional liability, | ||||||
13 | except for willful and wanton conduct, or as a result of any | ||||||
14 | injury or death arising from the use of an epinephrine | ||||||
15 | auto-injector.
| ||||||
16 | (Source: P.A. 100-201, eff. 8-18-17; 100-648, eff. 7-31-18; | ||||||
17 | 101-652, eff. 1-1-22.) | ||||||
18 | (50 ILCS 705/10.20) | ||||||
19 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
20 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
21 | develop rules and minimum standards for local governmental | ||||||
22 | agencies that authorize police officers to dispose of unused | ||||||
23 | medications under Section 18 of the Safe Pharmaceutical | ||||||
24 | Disposal Act.
| ||||||
25 | (Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
2 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
3 | develop rules and minimum standards for local law enforcement | ||||||
4 | governmental agencies that authorize law enforcement officers | ||||||
5 | to dispose of unused medications under Section 18 of the Safe | ||||||
6 | Pharmaceutical Disposal Act.
| ||||||
7 | (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-22.) | ||||||
8 | (50 ILCS 705/10.22) | ||||||
9 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
10 | Sec. 10.22. School resource officers. | ||||||
11 | (a) The Board shall develop or approve a course for school | ||||||
12 | resource officers as defined in Section 10-20.68 of the School | ||||||
13 | Code. | ||||||
14 | (b) The school resource officer course shall be developed | ||||||
15 | within one year after January 1, 2019 (the effective date of | ||||||
16 | Public Act 100-984) and shall be created in consultation with | ||||||
17 | organizations demonstrating expertise and or experience in the | ||||||
18 | areas of youth and adolescent developmental issues, | ||||||
19 | educational administrative issues, prevention of child abuse | ||||||
20 | and exploitation, youth mental health treatment, and juvenile | ||||||
21 | advocacy. | ||||||
22 | (c) The Board shall develop a process allowing law | ||||||
23 | enforcement agencies to request a waiver of this training | ||||||
24 | requirement for any specific individual assigned as a school |
| |||||||
| |||||||
1 | resource officer. Applications for these waivers may be | ||||||
2 | submitted by a local law enforcement agency chief | ||||||
3 | administrator for any officer whose prior training and | ||||||
4 | experience may qualify for a waiver of the training | ||||||
5 | requirement of this subsection (c). The Board may issue a | ||||||
6 | waiver at its discretion, based solely on the prior training | ||||||
7 | and experience of an officer. | ||||||
8 | (d) Upon completion, the employing agency shall be issued | ||||||
9 | a certificate attesting to a specific officer's completion of | ||||||
10 | the school resource officer training. Additionally, a letter | ||||||
11 | of approval shall be issued to the employing agency for any | ||||||
12 | officer who is approved for a training waiver under this | ||||||
13 | subsection (d).
| ||||||
14 | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
15 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
16 | Sec. 10.22. School resource officers. | ||||||
17 | (a) The Board shall develop or approve a course for school | ||||||
18 | resource officers as defined in Section 10-20.68 of the School | ||||||
19 | Code. | ||||||
20 | (b) The school resource officer course shall be developed | ||||||
21 | within one year after January 1, 2019 (the effective date of | ||||||
22 | Public Act 100-984) and shall be created in consultation with | ||||||
23 | organizations demonstrating expertise and or experience in the | ||||||
24 | areas of youth and adolescent developmental issues, | ||||||
25 | educational administrative issues, prevention of child abuse |
| |||||||
| |||||||
1 | and exploitation, youth mental health treatment, and juvenile | ||||||
2 | advocacy. | ||||||
3 | (c) The Board shall develop a process allowing law | ||||||
4 | enforcement agencies to request a waiver of this training | ||||||
5 | requirement for any specific individual assigned as a school | ||||||
6 | resource officer. Applications for these waivers may be | ||||||
7 | submitted by a local law enforcement governmental agency chief | ||||||
8 | administrator for any officer whose prior training and | ||||||
9 | experience may qualify for a waiver of the training | ||||||
10 | requirement of this subsection (c). The Board may issue a | ||||||
11 | waiver at its discretion, based solely on the prior training | ||||||
12 | and experience of an officer. | ||||||
13 | (d) Upon completion, the employing agency shall be issued | ||||||
14 | a certificate attesting to a specific officer's completion of | ||||||
15 | the school resource officer training. Additionally, a letter | ||||||
16 | of approval shall be issued to the employing agency for any | ||||||
17 | officer who is approved for a training waiver under this | ||||||
18 | subsection (d).
| ||||||
19 | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
20 | 101-652, eff. 1-1-22.) | ||||||
21 | Section 16. The Law Enforcement Officer-Worn Body Camera | ||||||
22 | Act is amended by changing Section 10-20 as follows: | ||||||
23 | (50 ILCS 706/10-20) | ||||||
24 | Sec. 10-20. Requirements. |
| |||||||
| |||||||
1 | (a) The Board shall develop basic guidelines for the use | ||||||
2 | of officer-worn body cameras by law enforcement agencies. The | ||||||
3 | guidelines developed by the Board shall be the basis for the | ||||||
4 | written policy which must be adopted by each law enforcement | ||||||
5 | agency which employs the use of officer-worn body cameras. The | ||||||
6 | written policy adopted by the law enforcement agency must | ||||||
7 | include, at a minimum, all of the following: | ||||||
8 | (1) Cameras must be equipped with pre-event recording, | ||||||
9 | capable of recording at least the 30 seconds prior to | ||||||
10 | camera activation, unless the officer-worn body camera was | ||||||
11 | purchased and acquired by the law enforcement agency prior | ||||||
12 | to July 1, 2015. | ||||||
13 | (2) Cameras must be capable of recording for a period | ||||||
14 | of 10 hours or more, unless the officer-worn body camera | ||||||
15 | was purchased and acquired by the law enforcement agency | ||||||
16 | prior to July 1, 2015. | ||||||
17 | (3) Cameras must be turned on at all times when the | ||||||
18 | officer is in uniform and is responding to calls for | ||||||
19 | service or engaged in any law enforcement-related | ||||||
20 | encounter or activity , that occurs while the officer is on | ||||||
21 | duty. | ||||||
22 | (A) If exigent circumstances exist which prevent | ||||||
23 | the camera from being turned on, the camera must be | ||||||
24 | turned on as soon as practicable. | ||||||
25 | (B) Officer-worn body cameras may be turned off | ||||||
26 | when the officer is inside of a patrol car which is |
| |||||||
| |||||||
1 | equipped with a functioning in-car camera; however, | ||||||
2 | the officer must turn on the camera upon exiting the | ||||||
3 | patrol vehicle for law enforcement-related encounters. | ||||||
4 | (C) Officer-worn body cameras may be turned off | ||||||
5 | when the officer is inside a correctional facility or | ||||||
6 | courthouse which is equipped with a functioning camera | ||||||
7 | system. | ||||||
8 | (4) Cameras must be turned off when:
| ||||||
9 | (A) the victim of a crime requests that the camera | ||||||
10 | be turned off, and unless impractical or impossible, | ||||||
11 | that request is made on the recording; | ||||||
12 | (B) a witness of a crime or a community member who | ||||||
13 | wishes to report a crime requests that the camera be | ||||||
14 | turned off, and unless impractical or impossible that | ||||||
15 | request is made on the recording;
| ||||||
16 | (C) the officer is interacting with a confidential | ||||||
17 | informant used by the law enforcement agency; or | ||||||
18 | (D) an officer of the Department of Revenue enters | ||||||
19 | a Department of Revenue facility or conducts an | ||||||
20 | interview during which return information will be | ||||||
21 | discussed or visible. | ||||||
22 | However, an officer may continue to record or resume | ||||||
23 | recording a victim or a witness, if exigent circumstances | ||||||
24 | exist, or if the officer has reasonable articulable | ||||||
25 | suspicion that a victim or witness, or confidential | ||||||
26 | informant has committed or is in the process of committing |
| |||||||
| |||||||
1 | a crime. Under these circumstances, and unless impractical | ||||||
2 | or impossible, the officer must indicate on the recording | ||||||
3 | the reason for continuing to record despite the request of | ||||||
4 | the victim or witness. | ||||||
5 | (4.5) Cameras may be turned off when the officer is | ||||||
6 | engaged in community caretaking functions. However, the | ||||||
7 | camera must be turned on when the officer has reason to | ||||||
8 | believe that the person on whose behalf the officer is | ||||||
9 | performing a community caretaking function has committed | ||||||
10 | or is in the process of committing a crime. If exigent | ||||||
11 | circumstances exist which prevent the camera from being | ||||||
12 | turned on, the camera must be turned on as soon as | ||||||
13 | practicable. | ||||||
14 | (5) The officer must provide notice of recording to | ||||||
15 | any person if the person has a reasonable expectation of | ||||||
16 | privacy and proof of notice must be evident in the | ||||||
17 | recording.
If exigent circumstances exist which prevent | ||||||
18 | the officer from providing notice, notice must be provided | ||||||
19 | as soon as practicable. | ||||||
20 | (6) (A) For the purposes of redaction, labeling, or | ||||||
21 | duplicating recordings, access to camera recordings shall | ||||||
22 | be restricted to only those personnel responsible for | ||||||
23 | those purposes. The recording officer or his or her | ||||||
24 | supervisor may not redact, label, duplicate or otherwise | ||||||
25 | alter the recording officer's camera recordings. Except as | ||||||
26 | otherwise provided in this Section, the recording officer |
| |||||||
| |||||||
1 | and his or her supervisor may access and review recordings | ||||||
2 | prior to completing incident reports or other | ||||||
3 | documentation, provided that the supervisor discloses that | ||||||
4 | fact in the report or documentation. | ||||||
5 | (i) A law enforcement officer shall not have | ||||||
6 | access to or review his or her body-worn
camera | ||||||
7 | recordings or the body-worn camera recordings of | ||||||
8 | another officer prior to completing incident reports | ||||||
9 | or other documentation when the officer: | ||||||
10 | (a) has been involved in or is a witness to an | ||||||
11 | officer-involved shooting, use of deadly force | ||||||
12 | incident, or use of force incidents resulting in | ||||||
13 | great bodily harm; | ||||||
14 | (b) is ordered to write a report in response | ||||||
15 | to or during the investigation of a misconduct | ||||||
16 | complaint against the officer. | ||||||
17 | (ii) If the officer subject to subparagraph (i) | ||||||
18 | prepares a report, any report shall be prepared | ||||||
19 | without viewing body-worn camera recordings, and | ||||||
20 | subject to supervisor's approval, officers may file | ||||||
21 | amendatory reports after viewing body-worn camera | ||||||
22 | recordings. Supplemental reports under this provision | ||||||
23 | shall also contain documentation regarding access to | ||||||
24 | the video footage. | ||||||
25 | (B) The recording officer's assigned field | ||||||
26 | training officer may access and review recordings for |
| |||||||
| |||||||
1 | training purposes. Any detective or investigator | ||||||
2 | directly involved in the investigation of a matter may | ||||||
3 | access and review recordings which pertain to that | ||||||
4 | investigation but may not have access to delete or | ||||||
5 | alter such recordings. | ||||||
6 | (7) Recordings made on officer-worn cameras must be | ||||||
7 | retained by the law enforcement agency or by the camera | ||||||
8 | vendor used by the agency, on a recording medium for a | ||||||
9 | period of 90 days. | ||||||
10 | (A) Under no circumstances shall any recording, | ||||||
11 | except for a non-law enforcement related activity or | ||||||
12 | encounter, made with an officer-worn body camera be | ||||||
13 | altered, erased, or destroyed prior to the expiration | ||||||
14 | of the 90-day storage period.
In the event any | ||||||
15 | recording made with an officer-worn body camera is | ||||||
16 | altered, erased, or destroyed prior to the expiration | ||||||
17 | of the 90-day storage period, the law enforcement | ||||||
18 | agency shall maintain, for a period of one year, a | ||||||
19 | written record including (i) the name of the | ||||||
20 | individual who made such alteration, erasure, or | ||||||
21 | destruction, and (ii) the reason for any such | ||||||
22 | alteration, erasure, or destruction. | ||||||
23 | (B) Following the 90-day storage period, any and | ||||||
24 | all recordings made with an officer-worn body camera | ||||||
25 | must be destroyed, unless any encounter captured on | ||||||
26 | the recording has been flagged. An encounter is deemed |
| |||||||
| |||||||
1 | to be flagged when:
| ||||||
2 | (i) a formal or informal complaint has been | ||||||
3 | filed; | ||||||
4 | (ii) the officer discharged his or her firearm | ||||||
5 | or used force during the encounter;
| ||||||
6 | (iii) death or great bodily harm occurred to | ||||||
7 | any person in the recording;
| ||||||
8 | (iv) the encounter resulted in a detention or | ||||||
9 | an arrest, excluding traffic stops which resulted | ||||||
10 | in only a minor traffic offense or business | ||||||
11 | offense; | ||||||
12 | (v) the officer is the subject of an internal | ||||||
13 | investigation or otherwise being investigated for | ||||||
14 | possible misconduct;
| ||||||
15 | (vi) the supervisor of the officer, | ||||||
16 | prosecutor, defendant, or court determines that | ||||||
17 | the encounter has evidentiary value in a criminal | ||||||
18 | prosecution; or | ||||||
19 | (vii) the recording officer requests that the | ||||||
20 | video be flagged for official purposes related to | ||||||
21 | his or her official duties. | ||||||
22 | (C) Under no circumstances shall any recording | ||||||
23 | made with an officer-worn body camera relating to a | ||||||
24 | flagged encounter be altered or destroyed prior to 2 | ||||||
25 | years after the recording was flagged. If the flagged | ||||||
26 | recording was used in a criminal, civil, or |
| |||||||
| |||||||
1 | administrative proceeding, the recording shall not be | ||||||
2 | destroyed except upon a final disposition and order | ||||||
3 | from the court. | ||||||
4 | (D) Nothing in this Act prohibits law enforcement | ||||||
5 | agencies from labeling officer-worn body camera video | ||||||
6 | within the recording medium; provided that the | ||||||
7 | labeling does not alter the actual recording of the | ||||||
8 | incident captured on the officer-worn body camera. The | ||||||
9 | labels, titles, and tags shall not be construed as | ||||||
10 | altering the officer-worn body camera video in any | ||||||
11 | way. | ||||||
12 | (8) Following the 90-day storage period, recordings | ||||||
13 | may be retained if a supervisor at the law enforcement | ||||||
14 | agency designates the recording for training purposes. If | ||||||
15 | the recording is designated for training purposes, the | ||||||
16 | recordings may be viewed by officers, in the presence of a | ||||||
17 | supervisor or training instructor, for the purposes of | ||||||
18 | instruction, training, or ensuring compliance with agency | ||||||
19 | policies.
| ||||||
20 | (9) Recordings shall not be used to discipline law | ||||||
21 | enforcement officers unless: | ||||||
22 | (A) a formal or informal complaint of misconduct | ||||||
23 | has been made; | ||||||
24 | (B) a use of force incident has occurred; | ||||||
25 | (C) the encounter on the recording could result in | ||||||
26 | a formal investigation under the Uniform Peace |
| |||||||
| |||||||
1 | Officers' Disciplinary Act; or | ||||||
2 | (D) as corroboration of other evidence of | ||||||
3 | misconduct. | ||||||
4 | Nothing in this paragraph (9) shall be construed to | ||||||
5 | limit or prohibit a law enforcement officer from being | ||||||
6 | subject to an action that does not amount to discipline. | ||||||
7 | (10) The law enforcement agency shall ensure proper | ||||||
8 | care and maintenance of officer-worn body cameras. Upon | ||||||
9 | becoming aware, officers must as soon as practical | ||||||
10 | document and notify the appropriate supervisor of any | ||||||
11 | technical difficulties, failures, or problems with the | ||||||
12 | officer-worn body camera or associated equipment. Upon | ||||||
13 | receiving notice, the appropriate supervisor shall make | ||||||
14 | every reasonable effort to correct and repair any of the | ||||||
15 | officer-worn body camera equipment. | ||||||
16 | (11) No officer may hinder or prohibit any person, not | ||||||
17 | a law enforcement officer, from recording a law | ||||||
18 | enforcement officer in the performance of his or her | ||||||
19 | duties in a public place or when the officer has no | ||||||
20 | reasonable expectation of privacy.
The law enforcement | ||||||
21 | agency's written policy shall indicate the potential | ||||||
22 | criminal penalties, as well as any departmental | ||||||
23 | discipline, which may result from unlawful confiscation or | ||||||
24 | destruction of the recording medium of a person who is not | ||||||
25 | a law enforcement officer. However, an officer may take | ||||||
26 | reasonable action to maintain safety and control, secure |
| |||||||
| |||||||
1 | crime scenes and accident sites, protect the integrity and | ||||||
2 | confidentiality of investigations, and protect the public | ||||||
3 | safety and order. | ||||||
4 | (b) Recordings made with the use of an officer-worn body | ||||||
5 | camera are not subject to disclosure under the Freedom of | ||||||
6 | Information Act, except that: | ||||||
7 | (1) if the subject of the encounter has a reasonable | ||||||
8 | expectation of privacy, at the time of the recording, any | ||||||
9 | recording which is flagged, due to the filing of a | ||||||
10 | complaint, discharge of a firearm, use of force, arrest or | ||||||
11 | detention, or resulting death or bodily harm, shall be | ||||||
12 | disclosed in accordance with the Freedom of Information | ||||||
13 | Act if: | ||||||
14 | (A) the subject of the encounter captured on the | ||||||
15 | recording is a victim or witness; and | ||||||
16 | (B) the law enforcement agency obtains written | ||||||
17 | permission of the subject or the subject's legal | ||||||
18 | representative; | ||||||
19 | (2) except as provided in paragraph (1) of this | ||||||
20 | subsection (b), any recording which is flagged due to the | ||||||
21 | filing of a complaint, discharge of a firearm, use of | ||||||
22 | force, arrest or detention, or resulting death or bodily | ||||||
23 | harm shall be disclosed in accordance with the Freedom of | ||||||
24 | Information Act; and | ||||||
25 | (3) upon request, the law enforcement agency shall | ||||||
26 | disclose, in accordance with the Freedom of Information |
| |||||||
| |||||||
1 | Act, the recording to the subject of the encounter | ||||||
2 | captured on the recording or to the subject's attorney, or | ||||||
3 | the officer or his or her legal representative. | ||||||
4 | For the purposes of paragraph (1) of this subsection (b), | ||||||
5 | the subject of the encounter does not have a reasonable | ||||||
6 | expectation of privacy if the subject was arrested as a result | ||||||
7 | of the encounter. For purposes of subparagraph (A) of | ||||||
8 | paragraph (1) of this subsection (b), "witness" does not | ||||||
9 | include a person who is a victim or who was arrested as a | ||||||
10 | result of the encounter.
| ||||||
11 | Only recordings or portions of recordings responsive to | ||||||
12 | the request shall be available for inspection or reproduction. | ||||||
13 | Any recording disclosed under the Freedom of Information Act | ||||||
14 | shall be redacted to remove identification of any person that | ||||||
15 | appears on the recording and is not the officer, a subject of | ||||||
16 | the encounter, or directly involved in the encounter. Nothing | ||||||
17 | in this subsection (b) shall require the disclosure of any | ||||||
18 | recording or portion of any recording which would be exempt | ||||||
19 | from disclosure under the Freedom of Information Act. | ||||||
20 | (c) Nothing in this Section shall limit access to a camera | ||||||
21 | recording for the purposes of complying with Supreme Court | ||||||
22 | rules or the rules of evidence.
| ||||||
23 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
24 | revised 7-30-21.) | ||||||
25 | Section 20. The Code of Criminal Procedure of 1963 is |
| |||||||
| |||||||
1 | amended by adding Section 103-3.5 as follows: | ||||||
2 | (725 ILCS 5/103-3.5 new) | ||||||
3 | Sec. 103-3.5. Right to communicate with attorney and | ||||||
4 | family; transfers; presumption of inadmissibility. | ||||||
5 | (a) Persons who are in police custody shall have the right | ||||||
6 | to communicate free of charge with an attorney of his or her | ||||||
7 | choice and members of his or her family as soon as possible | ||||||
8 | upon being taken into police custody, but no later than 3 hours | ||||||
9 | of arrival at the first place of detention. Persons in police | ||||||
10 | custody must be given access to use a telephone via a landline | ||||||
11 | or cellular phone to make 3 telephone calls. | ||||||
12 | (b) In accordance with Section 103-7, at every police | ||||||
13 | facility where a person is in police custody, a sign | ||||||
14 | containing at minimum, the following information in bold block | ||||||
15 | type must be posted in a conspicuous place: | ||||||
16 | (1) a short statement notifying persons who are in | ||||||
17 | police custody of their right to have access to a phone | ||||||
18 | within 3 hours of being taken into police custody; and | ||||||
19 | (2) that persons who are in police custody have the | ||||||
20 | right to make 3 phone calls within 3 hours of being taken | ||||||
21 | into custody, at no charge. | ||||||
22 | (c) In addition to the information listed in subsection | ||||||
23 | (b), if the place of detention is located in a jurisdiction | ||||||
24 | where the court has appointed the public defender or other | ||||||
25 | attorney to represent persons who are in police custody, the |
| |||||||
| |||||||
1 | telephone number to the public defender or other attorney's | ||||||
2 | office must also be displayed. The telephone call to the | ||||||
3 | public defender or other attorney must not be monitored, | ||||||
4 | eavesdropped upon, or recorded. | ||||||
5 | (d) If a person who is in police custody is transferred to | ||||||
6 | a new place of detention, that person's right to make 3 | ||||||
7 | telephone calls under this Section within 3 hours of arrival | ||||||
8 | is renewed. | ||||||
9 | (e) Statements made by a person who is detained in police | ||||||
10 | custody in violation of this section are presumed inadmissible | ||||||
11 | in court as evidence. The presumption of inadmissibility may | ||||||
12 | be overcome by a preponderance of the evidence that the | ||||||
13 | statement was voluntarily given and is reliable, based on the | ||||||
14 | totality of the circumstances. As used in this subsection, | ||||||
15 | "totality of the circumstances" includes, but is not limited | ||||||
16 | to, evidence that law enforcement knowingly prevented or | ||||||
17 | delayed a person's right to communicate or failed to comply | ||||||
18 | with the requirements of this Section. | ||||||
19 | (f) The 3-hour requirement under this Section shall not | ||||||
20 | apply while the person in police custody is asleep, | ||||||
21 | unconscious, or otherwise incapacitated or an exigent | ||||||
22 | circumstance prevents the officers from timely complying with | ||||||
23 | this Section. If this occurs, it must be documented within the | ||||||
24 | police report detailing the exigent circumstance. Once the | ||||||
25 | exigent circumstance ends, the right to make 3 phone calls | ||||||
26 | within 3 hours resumes. |
| |||||||
| |||||||
1 | (g) In accordance with this Section, the following records | ||||||
2 | shall be maintained: (i) the number of phone calls the person | ||||||
3 | made while in custody; (ii) the time or times the person made | ||||||
4 | phone calls; and (iii) if the person did not make any phone | ||||||
5 | calls, a statement of the reason or reasons why no calls were | ||||||
6 | made. | ||||||
7 | (h) For purposes of this Section, "place of detention" | ||||||
8 | means a building or a police station that is a place of | ||||||
9 | operation for a municipal police department or county sheriff | ||||||
10 | department or other law enforcement agency, other than a | ||||||
11 | courthouse, that is owned or operated by a law enforcement | ||||||
12 | agency, or other building, such as a school or hospital, where | ||||||
13 | persons are held in detention in connection with criminal | ||||||
14 | charges against those persons.
| ||||||
15 | (725 ILCS 5/103-3 rep.)
| ||||||
16 | Section 25. The Code of Criminal Procedure of 1963 is | ||||||
17 | amended by repealing Section 103-3. | ||||||
18 | Section 30. The Pretrial Services Act is amended by adding | ||||||
19 | Section 1.5 as follows: | ||||||
20 | (725 ILCS 185/1.5 new) | ||||||
21 | Sec. 1.5. Framework facilitating the hiring and training | ||||||
22 | of new State-employed pretrial services personnel to serve | ||||||
23 | circuit courts or counties without existing pretrial services |
| |||||||
| |||||||
1 | agencies. Notwithstanding anything in this Act to the | ||||||
2 | contrary, the Supreme Court is encouraged to establish a | ||||||
3 | framework that facilitates the hiring and training of new | ||||||
4 | State-employed pretrial services personnel to serve circuit | ||||||
5 | courts or counties without existing pretrial services | ||||||
6 | agencies, as required by Section 1. | ||||||
7 | Section 35. The Unified Code of Corrections is amended by | ||||||
8 | changing Section 5-8-1 as follows:
| ||||||
9 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
10 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
11 | use of a firearm; mandatory supervised release terms.
| ||||||
12 | (a) Except as otherwise provided in the statute defining | ||||||
13 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
14 | imprisonment for a felony shall be a determinate sentence set | ||||||
15 | by
the court under this Section, subject to Section 5-4.5-115 | ||||||
16 | of this Code, according to the following limitations:
| ||||||
17 | (1) for first degree murder,
| ||||||
18 | (a) (blank),
| ||||||
19 | (b) if a trier of fact finds beyond a reasonable
| ||||||
20 | doubt that the murder was accompanied by exceptionally
| ||||||
21 | brutal or heinous behavior indicative of wanton | ||||||
22 | cruelty or, except as set forth
in subsection | ||||||
23 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
24 | factors
listed in subsection (b) or (b-5) of Section |
| |||||||
| |||||||
1 | 9-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
2 | of 2012 are
present, the court may sentence the | ||||||
3 | defendant, subject to Section 5-4.5-105, to a term of | ||||||
4 | natural life
imprisonment, or
| ||||||
5 | (c) the court shall sentence the defendant to a | ||||||
6 | term of natural life
imprisonment if the defendant, at | ||||||
7 | the time of the commission of the murder, had attained | ||||||
8 | the age of 18, and :
| ||||||
9 | (i) has previously been convicted of first | ||||||
10 | degree murder under
any state or federal law, or
| ||||||
11 | (ii) is found guilty of murdering more
than | ||||||
12 | one victim, or
| ||||||
13 | (iii) is found guilty of murdering a peace | ||||||
14 | officer, fireman, or emergency management worker | ||||||
15 | when
the peace officer, fireman, or emergency | ||||||
16 | management worker was killed in the course of | ||||||
17 | performing his
official duties, or to prevent the | ||||||
18 | peace officer or fireman from
performing his | ||||||
19 | official duties, or in retaliation for the peace | ||||||
20 | officer,
fireman, or emergency management worker | ||||||
21 | from performing his official duties, and the | ||||||
22 | defendant knew or should
have known that the | ||||||
23 | murdered individual was a peace officer, fireman, | ||||||
24 | or emergency management worker, or
| ||||||
25 | (iv) is found guilty of murdering an employee | ||||||
26 | of an institution or
facility of the Department of |
| |||||||
| |||||||
1 | Corrections, or any similar local
correctional | ||||||
2 | agency, when the employee was killed in the course | ||||||
3 | of
performing his official duties, or to prevent | ||||||
4 | the employee from performing
his official duties, | ||||||
5 | or in retaliation for the employee performing his
| ||||||
6 | official duties, or
| ||||||
7 | (v) is found guilty of murdering an emergency | ||||||
8 | medical
technician - ambulance, emergency medical | ||||||
9 | technician - intermediate, emergency
medical | ||||||
10 | technician - paramedic, ambulance driver or other | ||||||
11 | medical assistance or
first aid person while | ||||||
12 | employed by a municipality or other governmental | ||||||
13 | unit
when the person was killed in the course of | ||||||
14 | performing official duties or
to prevent the | ||||||
15 | person from performing official duties or in | ||||||
16 | retaliation
for performing official duties and the | ||||||
17 | defendant knew or should have known
that the | ||||||
18 | murdered individual was an emergency medical | ||||||
19 | technician - ambulance,
emergency medical | ||||||
20 | technician - intermediate, emergency medical
| ||||||
21 | technician - paramedic, ambulance driver, or other | ||||||
22 | medical
assistant or first aid personnel, or
| ||||||
23 | (vi) (blank), or
| ||||||
24 | (vii) is found guilty of first degree murder | ||||||
25 | and the murder was
committed by reason of any | ||||||
26 | person's activity as a community policing |
| |||||||
| |||||||
1 | volunteer
or to prevent any person from engaging | ||||||
2 | in activity as a community policing
volunteer. For | ||||||
3 | the purpose of this Section, "community policing | ||||||
4 | volunteer"
has the meaning ascribed to it in | ||||||
5 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
6 | For purposes of clause (v), "emergency medical | ||||||
7 | technician - ambulance",
"emergency medical technician - | ||||||
8 | intermediate", "emergency medical technician -
| ||||||
9 | paramedic", have the meanings ascribed to them in the | ||||||
10 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
11 | (d)(i) if the person committed the offense while | ||||||
12 | armed with a
firearm, 15 years shall be added to | ||||||
13 | the term of imprisonment imposed by the
court;
| ||||||
14 | (ii) if, during the commission of the offense, the | ||||||
15 | person
personally discharged a firearm, 20 years shall | ||||||
16 | be added to the term of
imprisonment imposed by the | ||||||
17 | court;
| ||||||
18 | (iii) if, during the commission of the offense, | ||||||
19 | the person
personally discharged a firearm that | ||||||
20 | proximately caused great bodily harm,
permanent | ||||||
21 | disability, permanent disfigurement, or death to | ||||||
22 | another person, 25
years or up to a term of natural | ||||||
23 | life shall be added to the term of
imprisonment | ||||||
24 | imposed by the court.
| ||||||
25 | (2) (blank);
| ||||||
26 | (2.5) for a person who has attained the age of 18 years
|
| |||||||
| |||||||
1 | at the time of the commission of the offense and
who is | ||||||
2 | convicted under the circumstances described in subdivision | ||||||
3 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | ||||||
4 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
5 | Section 11-1.30 or paragraph (2) of subsection
(d) of | ||||||
6 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
7 | paragraph (1.2) of subsection (b) of
Section 12-14.1, | ||||||
8 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
9 | subsection (b) of Section 12-14.1
of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
11 | term of natural life
imprisonment.
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) (Blank).
| ||||||
14 | (d) Subject to
earlier termination under Section 3-3-8, | ||||||
15 | the parole or mandatory
supervised release term shall be | ||||||
16 | written as part of the sentencing order and shall be as | ||||||
17 | follows:
| ||||||
18 | (1) for first degree murder or for the offenses of | ||||||
19 | predatory criminal sexual assault of a child, aggravated | ||||||
20 | criminal sexual assault, and criminal sexual assault if | ||||||
21 | committed on or before December 12, 2005, 3 years;
| ||||||
22 | (1.5) except as provided in paragraph (7) of this | ||||||
23 | subsection (d), for a Class X felony except for the | ||||||
24 | offenses of predatory criminal sexual assault of a child, | ||||||
25 | aggravated criminal sexual assault, and criminal sexual | ||||||
26 | assault if committed on or after December 13, 2005 (the |
| |||||||
| |||||||
1 | effective date of Public Act 94-715) and except for the | ||||||
2 | offense of aggravated child pornography under Section | ||||||
3 | 11-20.1B . , 11-20.3, or 11-20.1 with sentencing under | ||||||
4 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
5 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
6 | after January 1, 2009, 18 months; | ||||||
7 | (2) except as provided in paragraph (7) of this | ||||||
8 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
9 | except for the offense of criminal sexual assault if | ||||||
10 | committed on or after December 13, 2005 (the effective | ||||||
11 | date of Public Act 94-715) and except for the offenses of | ||||||
12 | manufacture and dissemination of child pornography under | ||||||
13 | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
15 | committed on or after January 1, 2009, 12 months;
| ||||||
16 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
17 | of this subsection (d), a mandatory supervised release | ||||||
18 | term shall not be imposed for a Class 3 felony or a Class 4 | ||||||
19 | felony; unless: | ||||||
20 | (A) the Prisoner Review Board, based on a | ||||||
21 | validated risk and needs assessment, determines it is | ||||||
22 | necessary for an offender to serve a mandatory | ||||||
23 | supervised release term; | ||||||
24 | (B) if the Prisoner Review Board determines a | ||||||
25 | mandatory supervised release term is necessary | ||||||
26 | pursuant to subparagraph (A) of this paragraph (3), |
| |||||||
| |||||||
1 | the Prisoner Review Board shall specify the maximum | ||||||
2 | number of months of mandatory supervised release the | ||||||
3 | offender may serve, limited to a term of:
(i) 12 months | ||||||
4 | for a Class 3 felony;
and (ii) 12 months for a Class 4 | ||||||
5 | felony;
| ||||||
6 | (4) for defendants who commit the offense of predatory | ||||||
7 | criminal sexual assault of a child, aggravated criminal | ||||||
8 | sexual assault, or criminal sexual assault, on or after | ||||||
9 | December 13, 2005 ( the effective date of Public Act | ||||||
10 | 94-715) this amendatory Act of the 94th General Assembly , | ||||||
11 | or who commit the offense of aggravated child pornography | ||||||
12 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
13 | sentencing under subsection (c-5) of Section 11-20.1 of | ||||||
14 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | manufacture of child pornography, or dissemination of | ||||||
16 | child pornography after January 1, 2009, the term of | ||||||
17 | mandatory supervised release shall range from a minimum of | ||||||
18 | 3 years to a maximum of the natural life of the defendant;
| ||||||
19 | (5) if the victim is under 18 years of age, for a | ||||||
20 | second or subsequent
offense of aggravated criminal sexual | ||||||
21 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
22 | the first 2 years of which the defendant shall serve in an
| ||||||
23 | electronic monitoring or home detention program under | ||||||
24 | Article 8A of Chapter V of this Code;
| ||||||
25 | (6) for a felony domestic battery, aggravated domestic | ||||||
26 | battery, stalking, aggravated stalking, and a felony |
| |||||||
| |||||||
1 | violation of an order of protection, 4 years; | ||||||
2 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
3 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
4 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
5 | 3-6-3 of the Unified Code of Corrections requiring an | ||||||
6 | inmate to serve a minimum of 85% of their court-imposed | ||||||
7 | sentence, except for the offenses of predatory criminal | ||||||
8 | sexual assault of a child, aggravated criminal sexual | ||||||
9 | assault, and criminal sexual assault if committed on or | ||||||
10 | after December 13, 2005 (the effective date of Public Act | ||||||
11 | 94-715) and except for the offense of aggravated child | ||||||
12 | pornography under Section 11-20.1B . , 11-20.3, or 11-20.1 | ||||||
13 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
15 | if committed on or after January 1, 2009 and except as | ||||||
16 | provided in paragraph (4) or paragraph (6) of this | ||||||
17 | subsection (d), the term of mandatory supervised release | ||||||
18 | shall be as follows: | ||||||
19 | (A) Class X felony, 3 years; | ||||||
20 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
21 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
22 | (e) (Blank).
| ||||||
23 | (f) (Blank).
| ||||||
24 | (g) Notwithstanding any other provisions of this Act and | ||||||
25 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
26 | subsection (d) are effective on July 1 January 1 , 2022 and |
| |||||||
| |||||||
1 | shall apply to all individuals convicted on or after the | ||||||
2 | effective date of paragraph (3) of subsection (d); and (ii) | ||||||
3 | the provisions of paragraphs (1.5) and (2) of subsection (d) | ||||||
4 | are effective on July 1, 2021 and shall apply to all | ||||||
5 | individuals convicted on or after the effective date of | ||||||
6 | paragraphs (1.5) and (2) of subsection (d). | ||||||
7 | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
8 | 102-28, eff. 6-25-21; revised 8-2-21.) | ||||||
9 | Section 95. No acceleration or delay. Where this Act makes | ||||||
10 | changes in a statute that is represented in this Act by text | ||||||
11 | that is not yet or no longer in effect (for example, a Section | ||||||
12 | represented by multiple versions), the use of that text does | ||||||
13 | not accelerate or delay the taking effect of (i) the changes | ||||||
14 | made by this Act or (ii) provisions derived from any other | ||||||
15 | Public Act. | ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
18 | Section 99. Effective date. This Act takes effect January | ||||||
19 | 1, 2022.
|