98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3454

 

Introduced 2/14/2014, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/6  from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.2 new
50 ILCS 705/8.1  from Ch. 85, par. 508.1
50 ILCS 705/8.2

    Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified. Makes related changes. Provides that the Illinois Law Enforcement Training Standards Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that a police officer who has been licensed, certified, or granted a valid waiver shall be decertified or have his or her license or waiver revoked upon a determination by the Illinois Labor Relations Board State Panel that he or she knowingly and willfully violated a rule or regulation of his or her department or agency that has as a penalty the discharge or dismissal of the officer from the department or agency. Establishes hearing procedures on decertification. Contains other provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning law enforcement training.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Sections 6, 6.1, 8.1, and 8.2 and adding Section 6.2
6as follows:
 
7    (50 ILCS 705/6)  (from Ch. 85, par. 506)
8    Sec. 6. Powers and duties of the Board; selection and
9certification of schools. Selection and certification of
10schools. The Board shall select and certify schools within the
11State of Illinois for the purpose of providing basic training
12for probationary police officers, probationary county
13corrections officers, and court security officers and of
14providing advanced or in-service training for permanent police
15officers or permanent county corrections officers, which
16schools may be either publicly or privately owned and operated.
17In addition, the Board has the following power and duties:
18        a. To require local governmental units to furnish such
19    reports and information as the Board deems necessary to
20    fully implement this Act, including, but not limited to,
21    personnel rosters, employment status reports, and annual
22    training plans.
23        b. To establish appropriate mandatory minimum

 

 

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1    standards relating to the training of probationary local
2    law enforcement officers or probationary county
3    corrections officers.
4        c. To provide appropriate licensure or certification
5    to those probationary officers who successfully complete
6    the prescribed minimum standard basic training course.
7        d. To review and approve annual training curriculum for
8    county sheriffs.
9        e. To review and approve applicants to ensure that no
10    applicant is admitted to a certified academy unless the
11    applicant is a person of good character and has not been
12    convicted of a felony offense, any of the misdemeanors in
13    Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
14    12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
15    32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal
16    Code of 2012, subdivision (a)(1) or (a)(2)(C) of Section
17    11-14.3 of the Criminal Code of 1961 or the Criminal Code
18    of 2012, or subsection (a) of Section 17-32 of the Criminal
19    Code of 1961 or the Criminal Code of 2012, or Section 5 or
20    5.2 of the Cannabis Control Act, or a crime involving moral
21    turpitude under the laws of this State or any other state
22    which if committed in this State would be punishable as a
23    felony or a crime of moral turpitude. The Board may appoint
24    investigators who shall enforce the duties conferred upon
25    the Board by this Act.
26(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 

 

 

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1    (50 ILCS 705/6.1)
2    Sec. 6.1. Revocation of license or decertification
3Decertification of full-time and part-time police officers.
4    (a) The Board must review police officer conduct and
5records to ensure that no police officer is licensed certified
6or provided a valid waiver if that police officer has been
7convicted of or has pled guilty to a felony offense under the
8laws of this State or any other state which if committed in
9this State would be punishable as a felony. The Board must also
10ensure that no police officer is licensed certified or provided
11a valid waiver if that police officer has been convicted on or
12after the effective date of this amendatory Act of 1999 of any
13misdemeanor specified in this Section or if committed in any
14other state would be an offense similar to Section 11-1.50,
1511-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
1617-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
17Criminal Code of 1961 or the Criminal Code of 2012, to
18subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
19Criminal Code of 1961 or the Criminal Code of 2012, or
20subsection (a) of Section 17-32 of the Criminal Code of 1961 or
21the Criminal Code of 2012, or to Section 5 or 5.2 of the
22Cannabis Control Act. The Board must appoint investigators to
23enforce the duties conferred upon the Board by this Act.
24    (b) It is the responsibility of the sheriff or the chief
25executive officer of every local law enforcement agency or

 

 

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1department within this State to report to the Board any arrest
2or conviction of any officer for an offense identified in this
3Section.
4    (c) It is the duty and responsibility of every full-time
5and part-time police officer in this State to report to the
6Board within 30 days, and the officer's sheriff or chief
7executive officer, of his or her arrest or conviction for an
8offense identified in this Section. Any full-time or part-time
9police officer who knowingly makes, submits, causes to be
10submitted, or files a false or untruthful report to the Board
11must have his or her license certificate or waiver immediately
12decertified or revoked.
13    (d) Any person, or a local or State agency, or the Board is
14immune from liability for submitting, disclosing, or releasing
15information of arrests or convictions in this Section as long
16as the information is submitted, disclosed, or released in good
17faith and without malice. The Board has qualified immunity for
18the release of the information.
19    (e) Whenever a Any full-time or part-time police officer
20with a license certificate or waiver issued by the Board who is
21convicted of or pleads guilty to any offense described in this
22Section, his or her license or waiver is automatically revoked
23by operation of law immediately becomes decertified or no
24longer has a valid waiver. The decertification and invalidity
25of waivers occurs as a matter of law. Failure of a convicted
26person to report to the Board his or her conviction as

 

 

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1described in this Section or any continued law enforcement
2practice after receiving a conviction is a Class 4 felony.
3    (f) The Board's investigators are peace officers and have
4all the powers possessed by policemen in cities and by
5sheriff's, provided that the investigators may exercise those
6powers anywhere in the State, only after contact and
7cooperation with the appropriate local law enforcement
8authorities.
9    (g) The Board must request and receive information and
10assistance from any federal, state, or local governmental
11agency as part of the authorized criminal background
12investigation. The Department of State Police must process,
13retain, and additionally provide and disseminate information
14to the Board concerning criminal charges, arrests,
15convictions, and their disposition, that have been filed
16before, on, or after the effective date of this amendatory Act
17of the 91st General Assembly against a basic academy applicant,
18law enforcement applicant, or law enforcement officer whose
19fingerprint identification cards are on file or maintained by
20the Department of State Police. The Federal Bureau of
21Investigation must provide the Board any criminal history
22record information contained in its files pertaining to law
23enforcement officers or any applicant to a Board certified
24basic law enforcement academy as described in this Act based on
25fingerprint identification. The Board must make payment of fees
26to the Department of State Police for each fingerprint card

 

 

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1submission in conformance with the requirements of paragraph 22
2of Section 55a of the Civil Administrative Code of Illinois.
3    (h) A police officer who has been certified, licensed, or
4granted a valid waiver shall also be decertified, have his or
5her license revoked, or have his or her waiver revoked upon a
6determination by the Illinois Labor Relations Board State Panel
7that he or she, while under oath, has knowingly and willfully
8made false statements as to a material fact going to an element
9of the offense of murder. If an appeal is filed, the
10determination shall be stayed.
11        (1) In the case of an acquittal on a charge of murder,
12    a verified complaint may be filed:
13            (A) by the defendant; or
14            (B) by a police officer with personal knowledge of
15        perjured testimony.
16        The complaint must allege that a police officer, while
17    under oath, knowingly and willfully made false statements
18    as to a material fact going to an element of the offense of
19    murder. The verified complaint must be filed with the
20    Executive Director of the Illinois Law Enforcement
21    Training Standards Board within 2 years of the judgment of
22    acquittal.
23        (2) Within 30 days, the Executive Director of the
24    Illinois Law Enforcement Training Standards Board shall
25    review the verified complaint and determine whether the
26    verified complaint is frivolous and without merit, or

 

 

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1    whether further investigation is warranted. The Illinois
2    Law Enforcement Training Standards Board shall notify the
3    officer and the Executive Director of the Illinois Labor
4    Relations Board State Panel of the filing of the complaint
5    and any action taken thereon. If the Executive Director of
6    the Illinois Law Enforcement Training Standards Board
7    determines that the verified complaint is frivolous and
8    without merit, it shall be dismissed. The Executive
9    Director of the Illinois Law Enforcement Training
10    Standards Board has sole discretion to make this
11    determination and this decision is not subject to appeal.
12    (i) If the Executive Director of the Illinois Law
13Enforcement Training Standards Board determines that the
14verified complaint warrants further investigation, he or she
15shall refer the matter to a task force of investigators created
16for this purpose. This task force shall consist of 8 sworn
17police officers: 2 from the Illinois State Police, 2 from the
18City of Chicago Police Department, 2 from county police
19departments, and 2 from municipal police departments. These
20investigators shall have a minimum of 5 years of experience in
21conducting criminal investigations. The investigators shall be
22appointed by the Executive Director of the Illinois Law
23Enforcement Training Standards Board. Any officer or officers
24acting in this capacity pursuant to this statutory provision
25will have statewide police authority while acting in this
26investigative capacity. Their salaries and expenses for the

 

 

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1time spent conducting investigations under this paragraph
2shall be reimbursed by the Illinois Law Enforcement Training
3Standards Board.
4    (j) Once the Executive Director of the Illinois Law
5Enforcement Training Standards Board has determined that an
6investigation is warranted, the verified complaint shall be
7assigned to an investigator or investigators. The investigator
8or investigators shall conduct an investigation of the verified
9complaint and shall write a report of his or her findings. This
10report shall be submitted to the Executive Director of the
11Illinois Labor Relations Board State Panel.
12    Within 30 days, the Executive Director of the Illinois
13Labor Relations Board State Panel shall review the
14investigative report and determine whether sufficient evidence
15exists to conduct an evidentiary hearing on the verified
16complaint. If the Executive Director of the Illinois Labor
17Relations Board State Panel determines upon his or her review
18of the investigatory report that a hearing should not be
19conducted, the complaint shall be dismissed. This decision is
20in the Executive Director's sole discretion, and this dismissal
21may not be appealed.
22    If the Executive Director of the Illinois Labor Relations
23Board State Panel determines that there is sufficient evidence
24to warrant a hearing, a hearing shall be ordered on the
25verified complaint, to be conducted by an administrative law
26judge employed by the Illinois Labor Relations Board State

 

 

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1Panel. The Executive Director of the Illinois Labor Relations
2Board State Panel shall inform the Executive Director of the
3Illinois Law Enforcement Training Standards Board and the
4person who filed the complaint of either the dismissal of the
5complaint or the issuance of the complaint for hearing. The
6Executive Director shall assign the complaint to the
7administrative law judge within 30 days of the decision
8granting a hearing.
9    (k) In the case of a finding of guilt on the offense of
10murder, if a new trial is granted on direct appeal, or a state
11post-conviction evidentiary hearing is ordered, based on a
12claim that a police officer, under oath, knowingly and
13willfully made false statements as to a material fact going to
14an element of the offense of murder, the Illinois Labor
15Relations Board State Panel shall hold a hearing to determine
16whether the officer should be decertified or have his or her
17license or waiver revoked if an interested party requests such
18a hearing within 2 years of the court's decision. The complaint
19shall be assigned to an administrative law judge within 30 days
20so that a hearing can be scheduled.
21    At the hearing, the accused officer shall be afforded the
22opportunity to:
23        (1) Be represented by counsel of his or her own
24    choosing;
25        (2) Be heard in his or her own defense;
26        (3) Produce evidence in his or her defense;

 

 

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1        (4) Request that the Illinois Labor Relations Board
2    State Panel compel the attendance of witnesses and
3    production of related documents including but not limited
4    to court documents and records.
5    Once a case has been set for hearing, the verified
6complaint shall be referred to the Department of Professional
7Regulation. That office shall prosecute the verified complaint
8at the hearing before the administrative law judge. The
9Department of Professional Regulation shall have the
10opportunity to produce evidence to support the verified
11complaint and to request the Illinois Labor Relations Board
12State Panel to compel the attendance of witnesses and the
13production of related documents, including, but not limited to,
14court documents and records. The Illinois Labor Relations Board
15State Panel shall have the power to issue subpoenas requiring
16the attendance of and testimony of witnesses and the production
17of related documents including, but not limited to, court
18documents and records and shall have the power to administer
19oaths.
20    The administrative law judge shall have the responsibility
21of receiving into evidence relevant testimony and documents,
22including court records, to support or disprove the allegations
23made by the person filing the verified complaint and, at the
24close of the case, hear arguments. If the administrative law
25judge finds that there is not clear and convincing evidence to
26support the verified complaint that the police officer has,

 

 

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1while under oath, knowingly and willfully made false statements
2as to a material fact going to an element of the offense of
3murder, the administrative law judge shall make a written
4recommendation of dismissal to the Illinois Labor Relations
5Board State Panel. If the administrative law judge finds that
6there is clear and convincing evidence that the police officer
7has, while under oath, knowingly and willfully made false
8statements as to a material fact that goes to an element of the
9offense of murder, the administrative law judge shall make a
10written recommendation so concluding to the Illinois Labor
11Relations Board State Panel. The hearings shall be transcribed.
12The Executive Director of the Illinois Law Enforcement Training
13Standards Board shall be informed of the administrative law
14judge's recommended findings and decision and the Illinois
15Labor Relations Board State Panel's subsequent review of the
16recommendation.
17    (l) An officer named in any complaint filed pursuant to
18this Act shall be indemnified for his or her reasonable
19attorney's fees and costs by his or her employer. These fees
20shall be paid in a regular and timely manner. The State, upon
21application by the public employer, shall reimburse the public
22employer for the accused officer's reasonable attorney's fees
23and costs. At no time and under no circumstances will the
24accused officer be required to pay his or her own reasonable
25attorney's fees or costs.
26    (m) The accused officer shall not be placed on unpaid

 

 

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1status because of the filing or processing of the verified
2complaint until there is a final non-appealable order
3sustaining his or her guilt and his or her license or
4certification is revoked. Nothing in this Act, however,
5restricts the public employer from pursuing discipline against
6the officer in the normal course and under procedures then in
7place.
8    (n) The Illinois Labor Relations Board State Panel shall
9review the administrative law judge's recommended decision and
10order and determine by a majority vote whether or not there was
11clear and convincing evidence that the accused officer, while
12under oath, knowingly and willfully made false statements as to
13a material fact going to the offense of murder. Within 30 days
14of service of the administrative law judge's recommended
15decision and order, the parties may file exceptions to the
16recommended decision and order and briefs in support of their
17exceptions with the Illinois Labor Relations Board State Panel.
18The parties may file responses to the exceptions and briefs in
19support of the responses no later than 15 days after the
20service of the exceptions. If exceptions are filed by any of
21the parties, the Illinois Labor Relations Board State Panel
22shall review the matter and make a finding to uphold, vacate,
23or modify the recommended decision and order. If the Illinois
24Labor Relations Board State Panel concludes that there is clear
25and convincing evidence that the accused officer, while under
26oath, knowingly and willfully made false statements as to a

 

 

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1material fact going to an element of the offense murder, the
2Illinois Labor Relations Board State Panel shall inform the
3Illinois Law Enforcement Training Standards Board and the
4Illinois Law Enforcement Training Standards Board shall revoke
5the accused officer's certification, license, or waiver. If the
6accused officer appeals that determination to the Appellate
7Court, as provided by this Act, he or she may petition the
8Appellate Court to stay the revocation of his or her
9certification, license, or waiver pending the court's review of
10the matter.
11    (o) None of the Illinois Labor Relations Board State
12Panel's findings or determinations shall set any precedent in
13any of its decisions decided pursuant to the Illinois Public
14Labor Relations Act by the Illinois Labor Relations Board State
15Panel or the courts.
16    (p) A party aggrieved by the final order of the Illinois
17Labor Relations Board State Panel may apply for and obtain
18judicial review of an order of the Illinois Labor Relations
19Board State Panel, in accordance with the provisions of the
20Administrative Review Law, except that such judicial review
21shall be afforded directly in the Appellate Court for the
22district in which the accused officer resides. Any direct
23appeal to the Appellate Court shall be filed within 35 days
24from the date that a copy of the decision sought to be reviewed
25was served upon the party affected by the decision.
26    (q) Interested parties. Only interested parties to the

 

 

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1criminal prosecution in which the police officer allegedly,
2while under oath, knowingly and willfully made false statements
3as to a material fact going to an element of the offense of
4murder may file a verified complaint pursuant to this Section.
5For purposes of this Section, "interested parties" shall be
6limited to the defendant and any police officer who has
7personal knowledge that the police officer who is the subject
8of the complaint has, while under oath, knowingly and willfully
9made false statements as to a material fact going to an element
10of the offense of murder.
11    (r) Semi-annual reports. The Executive Director of the
12Illinois Labor Relations Board shall submit semi-annual
13reports to the Governor, President, and Minority Leader of the
14Senate, and to the Speaker and Minority Leader of the House of
15Representatives beginning on June 30, 2004, indicating:
16        (1) the number of verified complaints received since
17    the date of the last report;
18        (2) the number of investigations initiated since the
19    date of the last report;
20        (3) the number of investigations concluded since the
21    date of the last report;
22        (4) the number of investigations pending as of the
23    reporting date;
24        (5) the number of hearings held since the date of the
25    last report; and
26        (6) the number of officers decertified or whose

 

 

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1    licenses have been revoked since the date of the last
2    report.
3    (s) A police officer who has been licensed, certified, or
4granted a valid waiver shall also be decertified or have his or
5her license or waiver revoked upon a determination by the
6Illinois Labor Relations Board State Panel that he or she, on
7or after the effective date of this amendatory Act of the 98th
8General Assembly, while serving as a police officer with a
9department or agency, has knowingly and willfully violated a
10rule or regulation of the department or agency that has as a
11penalty the discharge or dismissal of the officer from the
12department or agency.
13    In the case of an officer who resigned or retired from the
14department or agency before a formal determination, pursuant to
15department or agency rules and regulations, is made on the
16alleged violation, a verified complaint may be filed with the
17Board alleging that the officer, on or after the effective date
18of this amendatory Act of the 98th General Assembly, knowingly
19and willfully violated a rule or regulation of his or her
20former department or agency that results or may result in the
21officer's discharge or dismissal from the department or agency.
22        (1) A verified complaint may be filed under this
23    subsection (s) by the department or agency that employed
24    the officer, but only if the complaint is signed by all of
25    following:
26            (A) For a former police officer of a municipality:

 

 

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1                (i) the chief executive of the municipality;
2                (ii) the head of the municipality's police
3            commission, if applicable;
4                (iii) the police department chief of police or
5            chief executive officer;
6                (iv) the labor representative, if applicable;
7            and
8                (v) the State's Attorney for the county in
9            which the officer was employed.
10            (B) For a former county sheriff or deputy sheriff:
11                (i) the county board chairperson;
12                (ii) the sheriff;
13                (iii) the labor representative, if applicable;
14            and
15                (iv) the State's Attorney for the county in
16            which the officer was employed.
17        The verified complaint must be filed with the Executive
18    Director within 2 years after the officer's resignation or
19    retirement.
20        (2) Within 30 days after receiving the verified
21    complaint, the Executive Director of the Illinois Law
22    Enforcement Training Standards Board shall review the
23    verified complaint and determine whether the verified
24    complaint is frivolous and without merit, or whether
25    further investigation is warranted. The Illinois Law
26    Enforcement Training Standards Board shall notify the

 

 

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1    officer and the Executive Director of the Illinois Labor
2    Relations Board State Panel of the filing of the complaint
3    and any action taken thereon. If the Executive Director of
4    the Illinois Law Enforcement Training Standards Board
5    determines that the verified complaint is frivolous and
6    without merit, then the complaint shall be dismissed. The
7    Executive Director of the Illinois Law Enforcement
8    Training Standards Board has the sole discretion to make
9    this determination. The determination is not subject to
10    appeal.
11        (3) If the Executive Director of the Illinois Law
12    Enforcement Training Standards Board determines that the
13    verified complaint warrants further investigation, then he
14    or she shall refer the matter to a task force of
15    investigators created for this purpose. This task force
16    shall consist of 8 sworn police officers: 2 from the
17    Illinois State Police, 2 from the City of Chicago Police
18    Department, 2 from county police departments, and 2 from
19    municipal police departments. These investigators shall
20    have a minimum of 5 years of experience in conducting
21    investigations. The investigators shall be appointed by
22    the Executive Director of the Illinois Law Enforcement
23    Training Standards Board. Any officer or officers acting in
24    this capacity pursuant to this paragraph shall have
25    statewide police authority while acting in this
26    investigative capacity. Their salaries and expenses for

 

 

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1    the time spent conducting investigations under this
2    paragraph shall be reimbursed by the Illinois Law
3    Enforcement Training Standards Board.
4        (4) The task force investigators shall conduct an
5    investigation of the verified complaint and shall file a
6    written report of their findings. The report shall be
7    submitted to the Executive Director of the Illinois Labor
8    Relations Board State Panel.
9        Within 30 days after receiving the report, the
10    Executive Director of the Illinois Labor Relations Board
11    State Panel shall review the investigative report and
12    determine whether sufficient evidence exists to conduct an
13    evidentiary hearing on the verified complaint. If the
14    Executive Director of the Illinois Labor Relations Board
15    State Panel determines upon his or her review of the
16    investigatory report that a hearing should not be
17    conducted, the complaint shall be dismissed. This decision
18    is in the Executive Director's sole discretion, and a
19    dismissal may not be appealed.
20        If the Executive Director of the Illinois Labor
21    Relations Board State Panel determines that there is
22    sufficient evidence to warrant a hearing, then a hearing
23    shall be ordered on the verified complaint, to be conducted
24    by an administrative law judge employed by the Illinois
25    Labor Relations Board State Panel. The Executive Director
26    of the Illinois Labor Relations Board State Panel shall

 

 

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1    inform the Executive Director of the Illinois Law
2    Enforcement Training Standards Board and the department or
3    agency that filed the complaint of the dismissal of the
4    complaint or the issuance of the complaint for hearing. The
5    Executive Director of the Illinois Labor Relations Board
6    State Panel shall assign the complaint to the
7    administrative law judge within 30 days after the decision
8    granting a hearing.
9        (5) In the case of a formal determination by the
10    department or agency, pursuant to department or agency
11    rules and regulations, that the officer be discharged or
12    dismissed for knowingly and willfully violating a rule or
13    regulation of the department or agency on or after the
14    effective date of this amendatory Act of the 98th General
15    Assembly, the Illinois Labor Relations Board State Panel
16    shall hold a hearing to determine whether the officer shall
17    be decertified or have his or her license or waiver
18    revoked. The department or agency must file a verified
19    complaint within 2 years after the officer's discharge or
20    dismissal for the Illinois Labor Relations Board State
21    Panel to hold a hearing. The complaint shall be assigned to
22    an administrative law judge within 30 days so that a
23    hearing can be scheduled.
24        (6) Once a case has been set for hearing, the verified
25    complaint shall be referred to the Department of
26    Professional Regulation. The Department of Professional

 

 

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1    Regulation shall prosecute the verified complaint at the
2    hearing before the administrative law judge. The
3    Department of Professional Regulation shall have the
4    opportunity to produce evidence to support the verified
5    complaint and to request the Illinois Labor Relations Board
6    State Panel to compel the attendance of witnesses and the
7    production of related documents, including, but not
8    limited to, court documents and records. The Illinois Labor
9    Relations Board State Panel shall have the power to issue
10    subpoenas requiring the attendance of and testimony of
11    witnesses and the production of related documents,
12    including, but not limited to, court documents and records,
13    and shall have the power to administer oaths.
14        At the hearing, the accused officer shall be afforded
15    the opportunity to:
16            (A) be represented by counsel of his or her own
17        choosing;
18            (B) be heard in his or her own defense;
19            (C) produce evidence in his or her defense; and
20            (D) request that the Illinois Labor Relations
21        Board State Panel compel the attendance of witnesses
22        and production of related documents including, but not
23        limited to, court documents and records.
24        (7) The administrative law judge shall have the
25    responsibility of receiving into evidence relevant
26    testimony and documents, including court records, to

 

 

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1    support or disprove the allegations made by the department
2    or agency filing the verified complaint and, at the close
3    of the case, hearing arguments. If the administrative law
4    judge finds that there is not clear and convincing evidence
5    to support the verified complaint that the police officer,
6    on or after the effective date of this amendatory Act of
7    the 98th General Assembly, knowingly and willfully
8    violated a rule or regulation of his or her department or
9    agency that results or may result in the discharge or
10    dismissal of the officer from the department or agency, the
11    administrative law judge shall make a written
12    recommendation of dismissal to the Illinois Labor
13    Relations Board State Panel. If the administrative law
14    judge finds that there is clear and convincing evidence
15    that the police officer, on or after the effective date of
16    this amendatory Act of the 98th General Assembly, knowingly
17    and willfully violated a rule or regulation of his or her
18    department or agency that results or may result in the
19    discharge or dismissal of the officer from the department
20    or agency, the administrative law judge shall make a
21    written recommendation so concluding to the Illinois Labor
22    Relations Board State Panel. The hearings shall be
23    transcribed. The Executive Director of the Illinois Law
24    Enforcement Training Standards Board shall be informed of
25    the administrative law judge's recommended findings and
26    decision and the Illinois Labor Relations Board State

 

 

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1    Panel's subsequent review of the recommendation.
2        (8) The Illinois Labor Relations Board State Panel
3    shall review the administrative law judge's recommended
4    decision and order and determine by a majority vote whether
5    or not there was clear and convincing evidence that the
6    accused officer, on or after the effective date of this
7    amendatory Act of the 98th General Assembly, knowingly and
8    willfully violated a rule or regulation of his or her
9    department or agency that results or may result in the
10    discharge or dismissal of the officer from the department
11    or agency. Within 30 days after service of the
12    administrative law judge's recommended decision and order,
13    the parties may file exceptions to the recommended decision
14    and order and briefs in support of their exceptions with
15    the Illinois Labor Relations Board State Panel. The parties
16    may file responses to the exceptions and briefs in support
17    of the responses no later than 15 days after the service of
18    the exceptions. If exceptions are filed by any of the
19    parties, the Illinois Labor Relations Board State Panel
20    shall review the matter and make a finding to uphold,
21    vacate, or modify the recommended decision and order.
22        If the Illinois Labor Relations Board State Panel
23    concludes that there is clear and convincing evidence that
24    the accused officer, on or after the effective date of this
25    amendatory Act of the 98th General Assembly, knowingly and
26    willfully violated a rule or regulation of his or her

 

 

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1    department or agency that results or may result in the
2    discharge or dismissal of the officer from the department
3    or agency, the Illinois Labor Relations Board State Panel
4    shall inform the Illinois Law Enforcement Training
5    Standards Board and the Illinois Law Enforcement Training
6    Standards Board shall revoke the accused officer's
7    certification, license, or waiver. If the accused officer
8    appeals that determination to the Appellate Court, as
9    provided by this Act, he or she may petition the Appellate
10    Court to stay the revocation of his or her certification,
11    license, or waiver pending the court's review of the
12    matter.
13        (9) The accused officer shall not be placed on unpaid
14    status in any currently held police officer position
15    because of the filing or processing of a verified complaint
16    until there is a final non-appealable order sustaining his
17    or her guilt and his or her license or certification is
18    revoked.
19        (10) None of the Illinois Labor Relations Board State
20    Panel's findings or determinations shall set any precedent
21    in any of its decisions decided pursuant to the Illinois
22    Public Labor Relations Act by the Illinois Labor Relations
23    Board State Panel or the courts.
24        (11) A party aggrieved by the final order of the
25    Illinois Labor Relations Board State Panel may apply for
26    and obtain judicial review of an order of the Illinois

 

 

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1    Labor Relations Board State Panel, in accordance with the
2    provisions of the Administrative Review Law, except that
3    such judicial review shall be afforded directly in the
4    Appellate Court for the district in which the accused
5    officer resides. Any direct appeal to the Appellate Court
6    shall be filed within 35 days after the date that a copy of
7    the decision sought to be reviewed was served upon the
8    party affected by the decision.
9        (12) It is the duty and responsibility of the sheriff
10    or the chief executive officer of a local law enforcement
11    agency or department within this State to report to the
12    Board any discharge or dismissal of any officer for a
13    violation identified in this subsection (s). It is the duty
14    and responsibility of a full-time or part-time police
15    officer in this State to report to the Board within 30 days
16    after his or her discharge or dismissal for a violation
17    identified in this subsection (s).
18        (13) Any full-time or part-time police officer who
19    knowingly makes, submits, causes to be submitted, or files
20    a false or untruthful report to the Board, under this
21    subsection (s), must have his or her license, certificate,
22    or waiver immediately decertified or revoked.
23        (14) Any person, or a local or State agency, or the
24    Board is immune from liability for submitting, disclosing,
25    or releasing information of violations pursuant to this
26    subsection (s) as long as the information is submitted,

 

 

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1    disclosed, or released in good faith and without malice.
2    The Board has qualified immunity for the release of the
3    information.
4(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
5    (50 ILCS 705/6.2 new)
6    Sec. 6.2. Conversion of certificates to licenses.
7    (a) Beginning on the effective date of this amendatory Act
8of the 98th General Assembly, the Board's recognition of
9persons who have successfully completed the prescribed minimum
10standard basic training course for police officers shall be
11known as licensure rather than certification.
12    (b) If a person has successfully completed the prescribed
13minimum standard basic training course for police officers and
14holds a valid certification to that effect on the effective
15date of this amendatory Act of the 98th General Assembly, that
16certification shall be deemed to be a license for the purposes
17of this Act.
18    (c) If, on the effective date of this amendatory Act of the
1998th General Assembly, a person holds a valid waiver from one
20of the certification requirements of this Act for police
21officers, that waiver shall be deemed a waiver from the
22corresponding licensure requirement of this Act.
23    (d) The Board shall replace the certificates or other
24evidences of certification or waiver for police officers in use
25on the effective date of this amendatory Act of the 98th

 

 

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1General Assembly with new credentials reflecting the change in
2nomenclature instituted by this amendatory Act of the 98th
3General Assembly.
 
4    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
5    Sec. 8.1. Full-time police and county corrections
6officers.
7    (a) After January 1, 1976, no person shall receive a
8permanent appointment as a law enforcement officer as defined
9in this Act, nor shall any person receive, after the effective
10date of this amendatory Act of 1984, a permanent appointment as
11a county corrections officer, unless that person has been
12awarded, within 6 six months of his or her initial full-time
13employment, a license or certificate attesting to his or her
14successful completion of the Minimum Standards Basic Law
15Enforcement and County Correctional Training Course as
16prescribed by the Board; or has been awarded a license or
17certificate attesting to his or her satisfactory completion of
18a training program of similar content and number of hours and
19which course has been found acceptable by the Board under the
20provisions of this Act; or by reason of extensive prior law
21enforcement or county corrections experience the basic
22training requirement is determined by the Board to be illogical
23and unreasonable.
24    If such training is required and not completed within the
25applicable 6 six months, then the officer must forfeit his or

 

 

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1her position, or the employing agency must obtain a waiver from
2the Board extending the period for compliance. Such waiver
3shall be issued only for good and justifiable reasons, and in
4no case shall extend more than 90 days beyond the initial 6 six
5months.
6    (b) No provision of this Section shall be construed to mean
7that a law enforcement officer employed by a local governmental
8agency at the time of the effective date of this amendatory
9Act, either as a probationary police officer or as a permanent
10police officer, shall require licensure or certification under
11the provisions of this Section.
12    No provision of this Section shall be construed to mean
13that a county corrections officer employed by a local
14governmental agency at the time of the effective date of this
15amendatory Act of 1984, either as a probationary county
16corrections or as a permanent county corrections officer, shall
17require licensure or certification under the provisions of this
18Section.
19    No provision of this Section shall be construed to apply to
20licensure or certification of elected county sheriffs.
21    (c) This Section does not apply to part-time police
22officers or probationary part-time police officers.
23(Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
 
24    (50 ILCS 705/8.2)
25    Sec. 8.2. Part-time police officers.

 

 

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1    (a) A person hired to serve as a part-time police officer
2must obtain from the Board a license or certificate (i)
3attesting to his or her successful completion of the part-time
4police training course; (ii) attesting to his or her
5satisfactory completion of a training program of similar
6content and number of hours that has been found acceptable by
7the Board under the provisions of this Act; or (iii) attesting
8to the Board's determination that the part-time police training
9course is unnecessary because of the person's extensive prior
10law enforcement experience. A person hired on or after the
11effective date of this amendatory Act of the 92nd General
12Assembly must obtain this license or certificate within 18
13months after the initial date of hire as a probationary
14part-time police officer in the State of Illinois. The
15probationary part-time police officer must be enrolled and
16accepted into a Board-approved course within 6 months after
17active employment by any department in the State. A person
18hired on or after January 1, 1996 and before the effective date
19of this amendatory Act of the 92nd General Assembly must obtain
20this license or certificate within 18 months after the date of
21hire. A person hired before January 1, 1996 must obtain this
22license or certificate within 24 months after the effective
23date of this amendatory Act of 1995.
24    The employing agency may seek a waiver from the Board
25extending the period for compliance. A waiver shall be issued
26only for good and justifiable reasons, and the probationary

 

 

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1part-time police officer may not practice as a part-time police
2officer during the waiver period. If training is required and
3not completed within the applicable time period, as extended by
4any waiver that may be granted, then the officer must forfeit
5his or her position.
6    (b) (Blank).
7    (c) The part-time police training course referred to in
8this Section shall be of similar content and the same number of
9hours as the courses for full-time officers and shall be
10provided by Mobile Team In-Service Training Units under the
11Intergovernmental Law Enforcement Officer's In-Service
12Training Act or by another approved program or facility in a
13manner prescribed by the Board.
14    (d) For the purposes of this Section, the Board shall adopt
15rules defining what constitutes employment on a part-time
16basis.
17(Source: P.A. 92-533, eff. 3-14-02.)