SB1754 EngrossedLRB103 25495 AWJ 51844 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; Illinois Law
8Enforcement Training Standards Board. To provide for the
9expeditious and timely implementation of the changes made in
10Section 8.1 of the Illinois Police Training Act, emergency
11rules implementing the waiver process under Section 8.1 of the
12Illinois Police Training Act may be adopted in accordance with
13Section 5-45 by the Illinois Law Enforcement Training
14Standards Board. The adoption of emergency rules authorized by
15Section 5-45 and this Section is deemed to be necessary for the
16public interest, safety, and welfare.
17    This Section is repealed one year after the effective date
18of this amendatory Act of the 103rd General Assembly.
19    Section 10. The Illinois Police Training Act is amended by
20changing Section 8.1 as follows:
21    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)



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1    Sec. 8.1. Full-time law enforcement and county corrections
3    (a) No person shall receive a permanent appointment as a
4law enforcement officer or a permanent appointment as a county
5corrections officer unless that person has been awarded,
6within 6 months of the officer's initial full-time employment,
7a certificate attesting to the officer's successful completion
8of the Minimum Standards Basic Law Enforcement or County
9Correctional Training Course as prescribed by the Board; or
10has been awarded a certificate attesting to the officer's
11satisfactory completion of a training program of similar
12content and number of hours and which course has been found
13acceptable by the Board under the provisions of this Act; or a
14training waiver by reason of extensive prior law enforcement
15or county corrections experience obtained by employment with
16any law enforcement agency in any state and, therefore, the
17basic training requirement is determined by the Board to be
18illogical and unreasonable. Within 60 days after the effective
19date of this amendatory Act of the 103rd General Assembly, the
20Board shall adopt uniform rules providing for a waiver process
21for a person previously employed and qualified as a law
22enforcement or county corrections officer under federal law or
23the laws of any other state. The rules shall provide that any
24person previously employed or qualified as a law enforcement
25or county corrections officer under federal law or the laws of
26any other state shall successfully complete the following



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1prior to the approval of a waiver:
2        (1) a training program approved by the Board on the
3    laws of this State relevant to the duties of law
4    enforcement and county correctional officers; and
5        (2) firearms training.
6    If such training is required and not completed within the
7applicable 6 months, then the officer must forfeit the
8officer's position, or the employing agency must obtain a
9waiver from the Board extending the period for compliance.
10Such waiver shall be issued only for good and justifiable
11reasons, and in no case shall extend more than 90 days beyond
12the initial 6 months. Any hiring agency that fails to train a
13law enforcement officer within this period shall be prohibited
14from employing this individual in a law enforcement capacity
15for one year from the date training was to be completed. If an
16agency again fails to train the individual a second time, the
17agency shall be permanently barred from employing this
18individual in a law enforcement capacity.
19    An individual who is not certified by the Board or whose
20certified status is inactive shall not function as a law
21enforcement officer, be assigned the duties of a law
22enforcement officer by an employing agency, or be authorized
23to carry firearms under the authority of the employer, except
24as otherwise authorized to carry a firearm under State or
25federal law. Sheriffs who are elected as of January 1, 2022
26(the effective date of Public Act 101-652) this amendatory Act



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1of the 101st General Assembly, are exempt from the requirement
2of certified status. Failure to be certified in accordance
3with this Act shall cause the officer to forfeit the officer's
5    An employing agency may not grant a person status as a law
6enforcement officer unless the person has been granted an
7active law enforcement officer certification by the Board.
8    (b) Inactive status. A person who has an inactive law
9enforcement officer certification has no law enforcement
11        (1) A law enforcement officer's certification becomes
12    inactive upon termination, resignation, retirement, or
13    separation from the officer's employing law enforcement
14    agency for any reason. The Board shall re-activate a
15    certification upon written application from the law
16    enforcement officer's law enforcement agency that shows
17    the law enforcement officer: (i) has accepted a full-time
18    law enforcement position with that law enforcement agency,
19    (ii) is not the subject of a decertification proceeding,
20    and (iii) meets all other criteria for re-activation
21    required by the Board. The Board may also establish
22    special training requirements to be completed as a
23    condition for 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



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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 law enforcement officer who is
6    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 agency for
12    conduct subject to decertification under this Act or
13    resigned or retired after receiving notice of a law
14    enforcement agency's investigation.
15        (2) A law enforcement agency may place an officer who
16    is currently certified on inactive status by sending a
17    written request to the Board. A law enforcement officer
18    whose certificate has been placed on inactive status shall
19    not function as a law enforcement officer until the
20    officer has completed any requirements for reactivating
21    the certificate as required by the Board. A request for
22    inactive status in this subsection shall be in writing,
23    accompanied by verifying documentation, and shall be
24    submitted to the Board with a copy to the chief
25    administrator of the law enforcement officer's current or
26    new employing agency.



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1        (3) Certification that has become inactive under
2    paragraph (2) of this subsection (b), shall be reactivated
3    by written notice from the law enforcement officer's
4    agency upon a showing that the law enforcement officer is:
5    (i) is employed in a full-time law enforcement position
6    with the same law enforcement agency, (ii) is not the
7    subject of a decertification proceeding, and (iii) meets
8    all other criteria for re-activation required by the
9    Board.
10        (4) Notwithstanding paragraph (3) of this subsection
11    (b), a law enforcement officer whose certification has
12    become inactive under paragraph (2) may have the officer's
13    employing agency submit a request for a waiver of training
14    requirements to the Board in writing and accompanied by
15    any verifying documentation.. A grant of a waiver is
16    within the discretion of the Board. Within 7 days of
17    receiving a request for a waiver under this Section
18    section, the Board shall notify the law enforcement
19    officer and the chief administrator of the law enforcement
20    officer's employing agency, whether the request has been
21    granted, denied, or if the Board will take additional time
22    for information. A law enforcement agency, whose request
23    for a waiver under this subsection is denied, is entitled
24    to request a review of the denial by the Board. The law
25    enforcement agency must request a review within 20 days of
26    the waiver being denied. The burden of proof shall be on



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1    the law enforcement agency to show why the law enforcement
2    officer is entitled to a waiver of the legislatively
3    required training and eligibility requirements.
4    (c) No provision of this Section shall be construed to
5mean that a county corrections officer employed by a
6governmental agency at the time of the effective date of this
7amendatory Act, either as a probationary county corrections
8officer or as a permanent county corrections officer, shall
9require certification under the provisions of this Section. No
10provision of this Section shall be construed to apply to
11certification of elected county sheriffs.
12    (d) Within 14 days, a law enforcement officer shall report
13to the Board: (1) any name change; (2) any change in
14employment; or (3) the filing of any criminal indictment or
15charges against the officer alleging that the officer
16committed any offense as enumerated in Section 6.1 of this
18    (e) All law enforcement officers must report the
19completion of the training requirements required in this Act
20in compliance with Section 8.4 of this Act.
21    (e-1) Each employing law enforcement agency shall allow
22and provide an opportunity for a law enforcement officer to
23complete the mandated requirements in this Act. All mandated
24training shall will be provided for at no cost to the
25employees. Employees shall be paid for all time spent
26attending mandated training.



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1    (e-2) Each agency, academy, or training provider shall
2maintain proof of a law enforcement officer's completion of
3legislatively required training in a format designated by the
4Board. The report of training shall be submitted to the Board
5within 30 days following completion of the training. A copy of
6the report shall be submitted to the law enforcement officer.
7Upon receipt of a properly completed report of training, the
8Board will make the appropriate entry into the training
9records of the law enforcement officer.
10    (f) This Section does not apply to part-time law
11enforcement officers or probationary part-time law enforcement
13    (g) Notwithstanding any provision of law to the contrary,
14the changes made to this Section by this amendatory Act of the
15102nd General Assembly, Public Act 101-652, and Public Act
16102-28, and Public Act 102-694 take effect July 1, 2022.
17(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
18102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)