|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5368 Introduced 2/9/2024, by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: | | 50 ILCS 705/7 | | 50 ILCS 705/8.1 | from Ch. 85, par. 508.1 | 50 ILCS 705/8.2 | | 50 ILCS 705/10.25 new | |
| Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training. |
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| | A BILL FOR |
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1 | | AN ACT concerning government. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Illinois Police Training Act is amended by |
5 | | changing Sections 7, 8.1, and 8.2 and by adding Section 10.25 |
6 | | as follows: |
7 | | (50 ILCS 705/7) |
8 | | Sec. 7. Rules and standards for schools. The Board shall |
9 | | adopt rules and minimum standards for such schools which shall |
10 | | include, but not be limited to, the following: |
11 | | a. The curriculum for probationary law enforcement |
12 | | officers which shall be offered by all certified schools |
13 | | shall include, but not be limited to, courses of |
14 | | procedural justice, arrest and use and control tactics, |
15 | | search and seizure, including temporary questioning, civil |
16 | | rights, human rights, human relations, cultural |
17 | | competency, including implicit bias and racial and ethnic |
18 | | sensitivity, criminal law, law of criminal procedure, |
19 | | constitutional and proper use of law enforcement |
20 | | authority, crisis intervention training, vehicle and |
21 | | traffic law including uniform and non-discriminatory |
22 | | enforcement of the Illinois Vehicle Code, traffic control |
23 | | and crash investigation, techniques of obtaining physical |
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1 | | evidence, court testimonies, statements, reports, firearms |
2 | | training, training in the use of electronic control |
3 | | devices, including the psychological and physiological |
4 | | effects of the use of those devices on humans, first-aid |
5 | | (including cardiopulmonary resuscitation), training in the |
6 | | administration of opioid antagonists as defined in |
7 | | paragraph (1) of subsection (e) of Section 5-23 of the |
8 | | Substance Use Disorder Act, handling of juvenile |
9 | | offenders, recognition of mental conditions and crises, |
10 | | including, but not limited to, the disease of addiction, |
11 | | which require immediate assistance and response and |
12 | | methods to safeguard and provide assistance to a person in |
13 | | need of mental treatment, recognition of abuse, neglect, |
14 | | financial exploitation, and self-neglect of adults with |
15 | | disabilities and older adults, as defined in Section 2 of |
16 | | the Adult Protective Services Act, crimes against the |
17 | | elderly, law of evidence, the hazards of high-speed police |
18 | | vehicle chases with an emphasis on alternatives to the |
19 | | high-speed chase, and physical training , and training |
20 | | under Section 10.25 . The curriculum shall include specific |
21 | | training in techniques for immediate response to and |
22 | | investigation of cases of domestic violence and of sexual |
23 | | assault of adults and children, including cultural |
24 | | perceptions and common myths of sexual assault and sexual |
25 | | abuse as well as interview techniques that are age |
26 | | sensitive and are trauma informed, victim centered, and |
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1 | | victim sensitive. The curriculum shall include training in |
2 | | techniques designed to promote effective communication at |
3 | | the initial contact with crime victims and ways to |
4 | | comprehensively explain to victims and witnesses their |
5 | | rights under the Rights of Crime Victims and Witnesses Act |
6 | | and the Crime Victims Compensation Act. The curriculum |
7 | | shall also include training in effective recognition of |
8 | | and responses to stress, trauma, and post-traumatic stress |
9 | | experienced by law enforcement officers that is consistent |
10 | | with Section 25 of the Illinois Mental Health First Aid |
11 | | Training Act in a peer setting, including recognizing |
12 | | signs and symptoms of work-related cumulative stress, |
13 | | issues that may lead to suicide, and solutions for |
14 | | intervention with peer support resources. The curriculum |
15 | | shall include a block of instruction addressing the |
16 | | mandatory reporting requirements under the Abused and |
17 | | Neglected Child Reporting Act. The curriculum shall also |
18 | | include a block of instruction aimed at identifying and |
19 | | interacting with persons with autism and other |
20 | | developmental or physical disabilities, reducing barriers |
21 | | to reporting crimes against persons with autism, and |
22 | | addressing the unique challenges presented by cases |
23 | | involving victims or witnesses with autism and other |
24 | | developmental disabilities. The curriculum shall include |
25 | | training in the detection and investigation of all forms |
26 | | of human trafficking. The curriculum shall also include |
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1 | | instruction in trauma-informed responses designed to |
2 | | ensure the physical safety and well-being of a child of an |
3 | | arrested parent or immediate family member; this |
4 | | instruction must include, but is not limited to: (1) |
5 | | understanding the trauma experienced by the child while |
6 | | maintaining the integrity of the arrest and safety of |
7 | | officers, suspects, and other involved individuals; (2) |
8 | | de-escalation tactics that would include the use of force |
9 | | when reasonably necessary; and (3) inquiring whether a |
10 | | child will require supervision and care. The curriculum |
11 | | for probationary law enforcement officers shall include: |
12 | | (1) at least 12 hours of hands-on, scenario-based |
13 | | role-playing; (2) at least 6 hours of instruction on use |
14 | | of force techniques, including the use of de-escalation |
15 | | techniques to prevent or reduce the need for force |
16 | | whenever safe and feasible; (3) specific training on |
17 | | officer safety techniques, including cover, concealment, |
18 | | and time; and (4) at least 6 hours of training focused on |
19 | | high-risk traffic stops. The curriculum for permanent law |
20 | | enforcement officers shall include, but not be limited to: |
21 | | (1) refresher and in-service training in any of the |
22 | | courses listed above in this subparagraph, (2) advanced |
23 | | courses in any of the subjects listed above in this |
24 | | subparagraph, (3) training for supervisory personnel, and |
25 | | (4) specialized training in subjects and fields to be |
26 | | selected by the board. The training in the use of |
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1 | | electronic control devices shall be conducted for |
2 | | probationary law enforcement officers, including |
3 | | University police officers. The curriculum shall also |
4 | | include training on the use of a firearms restraining |
5 | | order by providing instruction on the process used to file |
6 | | a firearms restraining order and how to identify |
7 | | situations in which a firearms restraining order is |
8 | | appropriate. |
9 | | b. Minimum courses of study, attendance requirements |
10 | | and equipment requirements. |
11 | | c. Minimum requirements for instructors. |
12 | | d. Minimum basic training requirements, which a |
13 | | probationary law enforcement officer must satisfactorily |
14 | | complete before being eligible for permanent employment as |
15 | | a local law enforcement officer for a participating local |
16 | | governmental or State governmental agency. Those |
17 | | requirements shall include training in first aid |
18 | | (including cardiopulmonary resuscitation). |
19 | | e. Minimum basic training requirements, which a |
20 | | probationary county corrections officer must |
21 | | satisfactorily complete before being eligible for |
22 | | permanent employment as a county corrections officer for a |
23 | | participating local governmental agency. |
24 | | f. Minimum basic training requirements which a |
25 | | probationary court security officer must satisfactorily |
26 | | complete before being eligible for permanent employment as |
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1 | | a court security officer for a participating local |
2 | | governmental agency. The Board shall establish those |
3 | | training requirements which it considers appropriate for |
4 | | court security officers and shall certify schools to |
5 | | conduct that training. |
6 | | A person hired to serve as a court security officer |
7 | | must obtain from the Board a certificate (i) attesting to |
8 | | the officer's successful completion of the training |
9 | | course; (ii) attesting to the officer's satisfactory |
10 | | completion of a training program of similar content and |
11 | | number of hours that has been found acceptable by the |
12 | | Board under the provisions of this Act; or (iii) attesting |
13 | | to the Board's determination that the training course is |
14 | | unnecessary because of the person's extensive prior law |
15 | | enforcement experience. |
16 | | Individuals who currently serve as court security |
17 | | officers shall be deemed qualified to continue to serve in |
18 | | that capacity so long as they are certified as provided by |
19 | | this Act within 24 months of June 1, 1997 (the effective |
20 | | date of Public Act 89-685). Failure to be so certified, |
21 | | absent a waiver from the Board, shall cause the officer to |
22 | | forfeit his or her position. |
23 | | All individuals hired as court security officers on or |
24 | | after June 1, 1997 (the effective date of Public Act |
25 | | 89-685) shall be certified within 12 months of the date of |
26 | | their hire, unless a waiver has been obtained by the |
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1 | | Board, or they shall forfeit their positions. |
2 | | The Sheriff's Merit Commission, if one exists, or the |
3 | | Sheriff's Office if there is no Sheriff's Merit |
4 | | Commission, shall maintain a list of all individuals who |
5 | | have filed applications to become court security officers |
6 | | and who meet the eligibility requirements established |
7 | | under this Act. Either the Sheriff's Merit Commission, or |
8 | | the Sheriff's Office if no Sheriff's Merit Commission |
9 | | exists, shall establish a schedule of reasonable intervals |
10 | | for verification of the applicants' qualifications under |
11 | | this Act and as established by the Board. |
12 | | g. Minimum in-service training requirements, which a |
13 | | law enforcement officer must satisfactorily complete every |
14 | | 3 years. Those requirements shall include constitutional |
15 | | and proper use of law enforcement authority, procedural |
16 | | justice, civil rights, human rights, reporting child abuse |
17 | | and neglect, and cultural competency, including implicit |
18 | | bias and racial and ethnic sensitivity. These trainings |
19 | | shall consist of at least 30 hours of training every 3 |
20 | | years. |
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. |
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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 Public Act 101-652, Public Act |
5 | | 102-28, and Public Act 102-694 take effect July 1, 2022. |
6 | | (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; |
7 | | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. |
8 | | 7-1-23; 103-154, eff. 6-30-23.) |
9 | | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) |
10 | | Sec. 8.1. Full-time law enforcement and county corrections |
11 | | officers. |
12 | | (a) No person shall receive a permanent appointment as a |
13 | | law enforcement officer or a permanent appointment as a county |
14 | | corrections officer unless that person has been awarded, |
15 | | within 6 months of the officer's initial full-time employment, |
16 | | a certificate attesting to the officer's successful completion |
17 | | of the Minimum Standards Basic Law Enforcement or County |
18 | | Correctional Training Course as prescribed by the Board; or |
19 | | has been awarded a certificate attesting to the officer's |
20 | | satisfactory completion of a training program of similar |
21 | | content and number of hours and which course has been found |
22 | | acceptable by the Board under the provisions of this Act; or a |
23 | | training waiver by reason of prior law enforcement or county |
24 | | corrections experience, obtained in Illinois, in any other |
25 | | state, or with an agency of the federal government, the basic |
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1 | | training requirement is determined by the Board to be |
2 | | illogical and unreasonable. Agencies seeking a reciprocity |
3 | | waiver for training completed outside of Illinois must conduct |
4 | | a thorough background check and provide verification of the |
5 | | officer's prior training. After review and satisfaction of all |
6 | | requested conditions, the officer shall be awarded an |
7 | | equivalency certificate satisfying the requirements of this |
8 | | Section. Within 60 days after the effective date of this |
9 | | amendatory Act of the 103rd General Assembly, the Board shall |
10 | | adopt uniform rules providing for a waiver process for a |
11 | | person previously employed and qualified as a law enforcement |
12 | | or county corrections officer under federal law or the laws of |
13 | | any other state, or who has completed a basic law enforcement |
14 | | officer or correctional officer academy who would be qualified |
15 | | to be employed as a law enforcement officer or correctional |
16 | | officer by the federal government or any other state. These |
17 | | rules shall address the process for evaluating prior training |
18 | | credit, a description and list of the courses typically |
19 | | required for reciprocity candidates to complete prior to |
20 | | taking the exam, and a procedure for employers seeking a |
21 | | pre-activation determination for a reciprocity training |
22 | | waiver. The rules shall provide that any eligible person |
23 | | previously trained as a law enforcement or county corrections |
24 | | officer under federal law or the laws of any other state shall |
25 | | successfully complete the following prior to the approval of a |
26 | | waiver: |
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1 | | (1) a training program or set of coursework approved |
2 | | by the Board on the laws of this State relevant to the |
3 | | duties and training requirements of law enforcement and |
4 | | county correctional officers; |
5 | | (2) firearms training; and |
6 | | (3) successful passage of the equivalency |
7 | | certification examination ; and . |
8 | | (4) training under Section 10.25. |
9 | | If such training is required and not completed within the |
10 | | applicable 6 months, then the officer must forfeit the |
11 | | officer's position, or the employing agency must obtain a |
12 | | waiver from the Board extending the period for compliance. |
13 | | Such waiver shall be issued only for good and justifiable |
14 | | reasons, and in no case shall extend more than 90 days beyond |
15 | | the initial 6 months. Any hiring agency that fails to train a |
16 | | law 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 | | An individual who is not certified by the Board or whose |
23 | | certified status is inactive shall not function as a law |
24 | | enforcement officer, be assigned the duties of a law |
25 | | enforcement officer by an employing agency, or be authorized |
26 | | to carry firearms under the authority of the employer, except |
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1 | | as otherwise authorized to carry a firearm under State or |
2 | | federal law. Sheriffs who are elected as of January 1, 2022 |
3 | | (the effective date of Public Act 101-652) are exempt from the |
4 | | requirement of certified status. Failure to be certified in |
5 | | accordance with this Act shall cause the officer to forfeit |
6 | | the officer's position. |
7 | | An employing agency may not grant a person status as a law |
8 | | enforcement officer unless the person has been granted an |
9 | | active law enforcement officer certification by the Board. |
10 | | (b) Inactive status. A person who has an inactive law |
11 | | enforcement officer certification has no law enforcement |
12 | | authority. |
13 | | (1) A law enforcement officer's certification becomes |
14 | | inactive upon termination, resignation, retirement, or |
15 | | separation from the officer's employing law enforcement |
16 | | agency for any reason. The Board shall re-activate a |
17 | | certification upon written application from the law |
18 | | enforcement officer's law enforcement agency that shows |
19 | | the law enforcement officer: (i) has accepted a full-time |
20 | | law enforcement position with that law enforcement agency, |
21 | | (ii) is not the subject of a decertification proceeding, |
22 | | and (iii) meets all other criteria for re-activation |
23 | | required by the Board. The Board may also establish |
24 | | special training requirements to be completed as a |
25 | | condition for re-activation. |
26 | | The Board shall review a notice for reactivation from |
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1 | | a law enforcement agency and provide a response within 30 |
2 | | days. The Board may extend this review. A law enforcement |
3 | | officer shall be allowed to be employed as a full-time law |
4 | | enforcement officer while the law enforcement officer |
5 | | reactivation waiver is under review. |
6 | | A law enforcement officer who is refused reactivation |
7 | | or an employing agency of a law enforcement officer who is |
8 | | refused reactivation under this Section may request a |
9 | | hearing in accordance with the hearing procedures as |
10 | | outlined in subsection (h) of Section 6.3 of this Act. |
11 | | The Board may refuse to re-activate the certification |
12 | | of a law enforcement officer who was involuntarily |
13 | | terminated for good cause by an employing agency for |
14 | | conduct subject to decertification under this Act or |
15 | | resigned or retired after receiving notice of a law |
16 | | enforcement agency's investigation. |
17 | | (2) A law enforcement agency may place an officer who |
18 | | is currently certified on inactive status by sending a |
19 | | written request to the Board. A law enforcement officer |
20 | | whose certificate has been placed on inactive status shall |
21 | | not function as a law enforcement officer until the |
22 | | officer has completed any requirements for reactivating |
23 | | the certificate as required by the Board. A request for |
24 | | inactive status in this subsection shall be in writing, |
25 | | accompanied by verifying documentation, and shall be |
26 | | submitted to the Board with a copy to the chief |
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1 | | administrator of the law enforcement officer's current or |
2 | | new employing agency. |
3 | | (3) Certification that has become inactive under |
4 | | paragraph (2) of this subsection (b) shall be reactivated |
5 | | by written notice from the law enforcement officer's |
6 | | agency upon a showing that the law enforcement officer: |
7 | | (i) is employed in a full-time law enforcement position |
8 | | with the same law enforcement agency, (ii) is not the |
9 | | subject of a decertification proceeding, and (iii) meets |
10 | | all other criteria for re-activation required by the |
11 | | Board. |
12 | | (4) Notwithstanding paragraph (3) of this subsection |
13 | | (b), a law enforcement officer whose certification has |
14 | | become inactive under paragraph (2) may have the officer's |
15 | | employing agency submit a request for a waiver of training |
16 | | requirements to the Board in writing and accompanied by |
17 | | any verifying documentation. A grant of a waiver is within |
18 | | the discretion of the Board. Within 7 days of receiving a |
19 | | request for a waiver under this Section, the Board shall |
20 | | notify the law enforcement officer and the chief |
21 | | administrator of the law enforcement officer's employing |
22 | | agency, whether the request has been granted, denied, or |
23 | | if the Board will take additional time for information. A |
24 | | law enforcement agency whose request for a waiver under |
25 | | this subsection is denied is entitled to request a review |
26 | | of the denial by the Board. The law enforcement agency |
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1 | | must request a review within 20 days of the waiver being |
2 | | denied. The burden of proof shall be on the law |
3 | | enforcement agency to show why the law enforcement officer |
4 | | is entitled to a waiver of the legislatively required |
5 | | training and eligibility requirements. |
6 | | (c) No provision of this Section shall be construed to |
7 | | mean that a county corrections officer employed by a |
8 | | governmental agency at the time of the effective date of this |
9 | | amendatory Act, either as a probationary county corrections |
10 | | officer or as a permanent county corrections officer, shall |
11 | | require certification under the provisions of this Section. No |
12 | | provision of this Section shall be construed to apply to |
13 | | certification of elected county sheriffs. |
14 | | (d) Within 14 days, a law enforcement officer shall report |
15 | | to the Board: (1) any name change; (2) any change in |
16 | | employment; or (3) the filing of any criminal indictment or |
17 | | charges against the officer alleging that the officer |
18 | | committed any offense as enumerated in Section 6.1 of this |
19 | | Act. |
20 | | (e) All law enforcement officers must report the |
21 | | completion of the training requirements required in this Act |
22 | | in compliance with Section 8.4 of this Act. |
23 | | (e-1) Each employing law enforcement agency shall allow |
24 | | and provide an opportunity for a law enforcement officer to |
25 | | complete the mandated requirements in this Act. All mandated |
26 | | training shall be provided at no cost to the employees. |
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1 | | Employees shall be paid for all time spent attending mandated |
2 | | training. |
3 | | (e-2) Each agency, academy, or training provider shall |
4 | | maintain proof of a law enforcement officer's completion of |
5 | | legislatively required training in a format designated by the |
6 | | Board. The report of training shall be submitted to the Board |
7 | | within 30 days following completion of the training. A copy of |
8 | | the report shall be submitted to the law enforcement officer. |
9 | | Upon receipt of a properly completed report of training, the |
10 | | Board will make the appropriate entry into the training |
11 | | records of the law enforcement officer. |
12 | | (f) This Section does not apply to part-time law |
13 | | enforcement officers or probationary part-time law enforcement |
14 | | officers. |
15 | | (g) Notwithstanding any provision of law to the contrary, |
16 | | the changes made to this Section by Public Act 101-652, Public |
17 | | Act 102-28, and Public Act 102-694 take effect July 1, 2022. |
18 | | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; |
19 | | 103-154, eff. 6-30-23; 103-389, eff. 1-1-24 .) |
20 | | (50 ILCS 705/8.2) |
21 | | Sec. 8.2. Part-time law enforcement officers. |
22 | | (a) A person hired to serve as a part-time law enforcement |
23 | | officer must obtain from the Board a certificate (i) attesting |
24 | | to the officer's successful completion of the part-time police |
25 | | training course; (ii) attesting to the officer's satisfactory |
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1 | | completion of a training program of similar content and number |
2 | | of hours that has been found acceptable by the Board under the |
3 | | provisions of this Act; or (iii) a training waiver attesting |
4 | | to the Board's determination that the part-time police |
5 | | training course is unnecessary because of the person's prior |
6 | | law enforcement experience obtained in Illinois, in any other |
7 | | state, or with an agency of the federal government. A person |
8 | | hired on or after the effective date of this amendatory Act of |
9 | | the 92nd General Assembly must obtain this certificate within |
10 | | 18 months after the initial date of hire as a probationary |
11 | | part-time law enforcement officer in the State of Illinois. |
12 | | The probationary part-time law enforcement officer must be |
13 | | enrolled and accepted into a Board-approved course within 6 |
14 | | months after active employment by any department in the State. |
15 | | A person hired on or after January 1, 1996 and before the |
16 | | effective date of this amendatory Act of the 92nd General |
17 | | Assembly must obtain this certificate within 18 months after |
18 | | the date of hire. A person hired before January 1, 1996 must |
19 | | obtain this certificate within 24 months after the effective |
20 | | date of this amendatory Act of 1995. Agencies seeking a |
21 | | reciprocity waiver for training completed outside of Illinois |
22 | | must conduct a thorough background check and provide |
23 | | verification of the officer's prior training. After review and |
24 | | satisfaction of all requested conditions, the officer shall be |
25 | | awarded an equivalency certificate satisfying the requirements |
26 | | of this Section. Within 60 days after the effective date of |
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1 | | this amendatory Act of the 103rd General Assembly, the Board |
2 | | shall adopt uniform rules providing for a waiver process for a |
3 | | person previously employed and qualified as a law enforcement |
4 | | or county corrections officer under federal law or the laws of |
5 | | any other state, or who has completed a basic law enforcement |
6 | | officer or correctional officer academy who would be qualified |
7 | | to be employed as a law enforcement officer or correctional |
8 | | officer by the federal government or any other state. These |
9 | | rules shall address the process for evaluating prior training |
10 | | credit, a description and list of the courses typically |
11 | | required for reciprocity candidates to complete prior to |
12 | | taking the exam, and a procedure for employers seeking a |
13 | | pre-activation determination for a reciprocity training |
14 | | waiver. The rules shall provide that any eligible person |
15 | | previously trained as a law enforcement or county corrections |
16 | | officer under federal law or the laws of any other state shall |
17 | | successfully complete the following prior to the approval of a |
18 | | waiver: |
19 | | (1) a training program or set of coursework approved |
20 | | by the Board on the laws of this State relevant to the |
21 | | duties and training requirements of law enforcement and |
22 | | county correctional officers; |
23 | | (2) firearms training; and |
24 | | (3) successful passage of the equivalency |
25 | | certification examination ; and . |
26 | | (4) training under Section 10.25. |
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1 | | The employing agency may seek an extension waiver from the |
2 | | Board extending the period for compliance. An extension waiver |
3 | | shall be issued only for good and justifiable reasons, and the |
4 | | probationary part-time law enforcement officer may not |
5 | | practice as a part-time law enforcement officer during the |
6 | | extension waiver period. If training is required and not |
7 | | completed within the applicable time period, as extended by |
8 | | any waiver that may be granted, then the officer must forfeit |
9 | | the officer's position. |
10 | | An individual who is not certified by the Board or whose |
11 | | certified status is inactive shall not function as a law |
12 | | enforcement officer, be assigned the duties of a law |
13 | | enforcement officer by an agency, or be authorized to carry |
14 | | firearms under the authority of the employer, except that |
15 | | sheriffs who are elected are exempt from the requirement of |
16 | | certified status. Failure to be in accordance with this Act |
17 | | shall cause the officer to forfeit the officer's position. |
18 | | (a-5) A part-time probationary law enforcement officer |
19 | | shall be allowed to complete six months of a part-time police |
20 | | training course and function as a law enforcement officer as |
21 | | permitted by this subsection with a waiver from the Board, |
22 | | provided the part-time law enforcement officer is still |
23 | | enrolled in the training course. If the part-time probationary |
24 | | law enforcement officer withdraws from the course for any |
25 | | reason or does not complete the course within the applicable |
26 | | time period, as extended by any waiver that may be granted, |
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1 | | then the officer must forfeit the officer's position. A |
2 | | probationary law enforcement officer must function under the |
3 | | following rules: |
4 | | (1) A law enforcement agency may not grant a person |
5 | | status as a law enforcement officer unless the person has |
6 | | been granted an active law enforcement officer |
7 | | certification by the Board. |
8 | | (2) A part-time probationary law enforcement officer |
9 | | shall not be used as a permanent replacement for a |
10 | | full-time law enforcement. |
11 | | (3) A part-time probationary law enforcement officer |
12 | | shall be directly supervised at all times by a Board |
13 | | certified law enforcement officer. Direct supervision |
14 | | requires oversight and control with the supervisor having |
15 | | final decision-making authority as to the actions of the |
16 | | recruit during duty hours. |
17 | | (b) Inactive status. A person who has an inactive law |
18 | | enforcement officer certification has no law enforcement |
19 | | authority. |
20 | | (1) A law enforcement officer's certification becomes |
21 | | inactive upon termination, resignation, retirement, or |
22 | | separation from the employing agency for any reason. The |
23 | | Board shall re-activate a certification upon written |
24 | | application from the law enforcement officer's employing |
25 | | agency that shows the law enforcement officer: (i) has |
26 | | accepted a part-time law enforcement position with that a |
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1 | | law enforcement agency, (ii) is not the subject of a |
2 | | decertification proceeding, and (iii) meets all other |
3 | | criteria for re-activation required by the Board. |
4 | | The Board may refuse to re-activate the certification |
5 | | of a law enforcement officer who was involuntarily |
6 | | terminated for good cause by the officer's employing |
7 | | agency for conduct subject to decertification under this |
8 | | Act or resigned or retired after receiving notice of a law |
9 | | enforcement agency's investigation. |
10 | | (2) A law enforcement agency may place an officer who |
11 | | is currently certified on inactive status by sending a |
12 | | written request to the Board. A law enforcement officer |
13 | | whose certificate has been placed on inactive status shall |
14 | | not function as a law enforcement officer until the |
15 | | officer has completed any requirements for reactivating |
16 | | the certificate as required by the Board. A request for |
17 | | inactive status in this subsection shall be in writing, |
18 | | accompanied by verifying documentation, and shall be |
19 | | submitted to the Board by the law enforcement officer's |
20 | | employing agency. |
21 | | (3) Certification that has become inactive under |
22 | | paragraph (2) of this subsection (b), shall be reactivated |
23 | | by written notice from the law enforcement officer's law |
24 | | enforcement agency upon a showing that the law enforcement |
25 | | officer is: (i) employed in a part-time law enforcement |
26 | | position with the same law enforcement agency, (ii) not |
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1 | | the subject of a decertification proceeding, and (iii) |
2 | | meets all other criteria for re-activation required by the |
3 | | Board. The Board may also establish special training |
4 | | requirements to be completed as a condition for |
5 | | re-activation. |
6 | | The Board shall review a notice for reactivation from |
7 | | a law enforcement agency and provide a response within 30 |
8 | | days. The Board may extend this review. A law enforcement |
9 | | officer shall be allowed to be employed as a part-time law |
10 | | enforcement officer while the law enforcement officer |
11 | | reactivation waiver is under review. |
12 | | A law enforcement officer who is refused reactivation |
13 | | or an employing agency of a law enforcement officer who is |
14 | | refused reactivation under this Section may request a |
15 | | hearing in accordance with the hearing procedures as |
16 | | outlined in subsection (h) of Section 6.3 of this Act. |
17 | | (4) Notwithstanding paragraph (3) of this Section, a |
18 | | law enforcement officer whose certification has become |
19 | | inactive under paragraph (2) may have the officer's |
20 | | employing agency submit a request for a waiver of training |
21 | | requirements to the Board in writing and accompanied by |
22 | | any verifying documentation. A grant of a waiver is within |
23 | | the discretion of the Board. Within 7 days of receiving a |
24 | | request for a waiver under this section, the Board shall |
25 | | notify the law enforcement officer and the chief |
26 | | administrator of the law enforcement officer's employing |
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1 | | agency, whether the request has been granted, denied, or |
2 | | if the Board will take additional time for information. A |
3 | | law enforcement agency or law enforcement officer, whose |
4 | | request for a waiver under this subsection is denied, is |
5 | | entitled to request a review of the denial by the Board. |
6 | | The law enforcement agency must request a review within 20 |
7 | | days after the waiver being denied. The burden of proof |
8 | | shall be on the law enforcement agency to show why the law |
9 | | enforcement officer is entitled to a waiver of the |
10 | | legislatively required training and eligibility |
11 | | requirements. |
12 | | (c) The part-time police training course referred to in |
13 | | this Section shall be of similar content and the same number of |
14 | | hours as the courses for full-time officers and shall be |
15 | | provided by Mobile Team In-Service Training Units under the |
16 | | Intergovernmental Law Enforcement Officer's In-Service |
17 | | Training Act or by another approved program or facility in a |
18 | | manner prescribed by the Board. |
19 | | (d) Within 14 days, a law enforcement officer shall report |
20 | | to the Board: (1) any name change; (2) any change in |
21 | | employment; or (3) the filing of any criminal indictment or |
22 | | charges against the officer alleging that the officer |
23 | | committed any offense as enumerated in Section 6.1 of this |
24 | | Act. |
25 | | (e) All law enforcement officers must report the |
26 | | completion of the training requirements required in this Act |
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1 | | in compliance with Section 8.4 of this Act. |
2 | | (e-1) Each employing agency shall allow and provide an |
3 | | opportunity for a law enforcement officer to complete the |
4 | | requirements in this Act. All mandated training shall be |
5 | | provided for at no cost to the employees. Employees shall be |
6 | | paid for all time spent attending mandated training. |
7 | | (e-2) Each agency, academy, or training provider shall |
8 | | maintain proof of a law enforcement officer's completion of |
9 | | legislatively required training in a format designated by the |
10 | | Board. The report of training shall be submitted to the Board |
11 | | within 30 days following completion of the training. A copy of |
12 | | the report shall be submitted to the law enforcement officer. |
13 | | Upon receipt of a properly completed report of training, the |
14 | | Board will make the appropriate entry into the training |
15 | | records of the law enforcement officer. |
16 | | (f) For the purposes of this Section, the Board shall |
17 | | adopt rules defining what constitutes employment on a |
18 | | part-time basis. |
19 | | (g) Notwithstanding any provision of law to the contrary, |
20 | | the changes made to this Section by this amendatory Act of the |
21 | | 102nd General Assembly and Public Act 101-652 take effect July |
22 | | 1, 2022. |
23 | | (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24 .) |
24 | | (50 ILCS 705/10.25 new) |
25 | | Sec. 10.25. Training; crimes motivated by bias. |
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1 | | (a) The Board must approve at least one training course to |
2 | | assist law enforcement officers in identifying, responding to, |
3 | | and reporting crimes committed in whole or in substantial part |
4 | | because of the victim's or another's actual or perceived race, |
5 | | color, ethnicity, religion, sex, gender, sexual orientation, |
6 | | gender identity, gender expression, age, national origin, or |
7 | | disability, or because of the victim's actual or perceived |
8 | | association with another person or group of a certain actual |
9 | | or perceived race, color, ethnicity, religion, sex, gender, |
10 | | sexual orientation, gender identity, gender expression, age, |
11 | | national origin, or disability. |
12 | | Each course must include material to help officers |
13 | | distinguish bias crimes from other crimes, to help officers in |
14 | | understanding and assisting victims of these crimes, and to |
15 | | ensure that bias crimes will be accurately reported. The Board |
16 | | must review the approved course or courses every 3 years and |
17 | | update the approved courses. |
18 | | In updating the approved training courses described in |
19 | | this subsection, the Board must consult and may incorporate |
20 | | input from the Commission on Discrimination and Hate Crimes. |
21 | | (b) The Board must provide to the chief law enforcement |
22 | | officer of each law enforcement agency instructional materials |
23 | | patterned after the materials developed by the board under |
24 | | subsection (a). These materials must meet Board requirements |
25 | | for in-service training credit and be updated periodically as |
26 | | the Board considers appropriate. The Board must also seek |
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1 | | funding for an educational conference to inform and sensitize |
2 | | chief law enforcement officers and other interested persons to |
3 | | the law enforcement issues associated with bias crimes. If |
4 | | funding is obtained, the Board may sponsor the educational |
5 | | conference on its own or with other public or private |
6 | | entities. |
7 | | A chief law enforcement officer must inform all law |
8 | | enforcement officers within the law enforcement agency of the |
9 | | availability of the instructional materials provided by the |
10 | | board under this subsection and the availability of in-service |
11 | | training credit for the completion of these materials. The |
12 | | chief law enforcement officer must also encourage the law |
13 | | enforcement officers to complete the in-service training. |