Illinois General Assembly - Full Text of HB4546
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Full Text of HB4546  102nd General Assembly

HB4546 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4546

 

Introduced 1/21/2022, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/8.1  from Ch. 85, par. 508.1

    Amends the Illinois Police Training Act. Provides that within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Provides that the rules shall provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training, prior to the approval of a waiver.


LRB102 23394 RLC 32563 b

 

 

A BILL FOR

 

HB4546LRB102 23394 RLC 32563 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 Police Training Act is amended by
5changing Section 8.1 as follows:
 
6    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
7    Sec. 8.1. Full-time law enforcement and county corrections
8officers.
9    (a) No person shall receive a permanent appointment as a
10law enforcement officer or a permanent appointment as a county
11corrections officer unless that person has been awarded,
12within 6 months of the officer's initial full-time employment,
13a certificate attesting to the officer's successful completion
14of the Minimum Standards Basic Law Enforcement or County
15Correctional Training Course as prescribed by the Board; or
16has been awarded a certificate attesting to the officer's
17satisfactory completion of a training program of similar
18content and number of hours and which course has been found
19acceptable by the Board under the provisions of this Act; or a
20training waiver by reason of extensive prior law enforcement
21or county corrections experience, whether or not such
22experience was obtained by employment by this State or any
23local governmental agency, the basic training requirement is

 

 

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1determined by the Board to be illogical and unreasonable.
2Within 60 days after the effective date of this amendatory Act
3of the 102nd General Assembly, the Board shall adopt uniform
4rules providing for a waiver process for a person previously
5employed and qualified as a law enforcement or county
6corrections officer under federal law or the laws of any other
7state. The rules shall provide that any person previously
8employed or qualified as a law enforcement or county
9corrections officer under federal law or the laws of any other
10state shall successfully complete:
11        (1) a training program approved by the Board on the
12    laws of this State relevant to the duties of law
13    enforcement and county correctional officers; and
14        (2) firearms training, prior to the approval of a
15    waiver.
16    If such training is required and not completed within the
17applicable 6 months, then the officer must forfeit the
18officer's position, or the employing agency must obtain a
19waiver from the Board extending the period for compliance.
20Such waiver shall be issued only for good and justifiable
21reasons, and in no case shall extend more than 90 days beyond
22the initial 6 months. Any hiring agency that fails to train a
23law enforcement officer within this period shall be prohibited
24from employing this individual in a law enforcement capacity
25for one year from the date training was to be completed. If an
26agency again fails to train the individual a second time, the

 

 

HB4546- 3 -LRB102 23394 RLC 32563 b

1agency shall be permanently barred from employing this
2individual in a law enforcement capacity.
3    An individual who is not certified by the Board or whose
4certified status is inactive shall not function as a law
5enforcement officer, be assigned the duties of a law
6enforcement officer by an employing agency, or be authorized
7to carry firearms under the authority of the employer, except
8as otherwise authorized to carry a firearm under State or
9federal law. Sheriffs who are elected as of January 1, 2022
10(the effective date of Public Act 101-652) this amendatory Act
11of the 101st General Assembly, are exempt from the requirement
12of certified status. Failure to be certified in accordance
13with this Act shall cause the officer to forfeit the officer's
14position.
15    An employing agency may not grant a person status as a law
16enforcement officer unless the person has been granted an
17active law enforcement officer certification by the Board.
18    (b) Inactive status. A person who has an inactive law
19enforcement officer certification has no law enforcement
20authority.
21        (1) A law enforcement officer's certification becomes
22    inactive upon termination, resignation, retirement, or
23    separation from the officer's employing governmental
24    agency for any reason. The Board shall re-activate a
25    certification upon written application from the law
26    enforcement officer's governmental agency that shows the

 

 

HB4546- 4 -LRB102 23394 RLC 32563 b

1    law enforcement officer: (i) has accepted a full-time law
2    enforcement position with that governmental agency, (ii)
3    is not the subject of a decertification proceeding, and
4    (iii) meets all other criteria for re-activation required
5    by the Board. The Board may also establish special
6    training requirements to be completed as a condition for
7    re-activation.
8        A law enforcement officer who is refused reactivation
9    under this Section may request a hearing in accordance
10    with the hearing procedures as outlined in subsection (h)
11    of Section 6.3 of this Act.
12        The Board may refuse to re-activate the certification
13    of a law enforcement officer who was involuntarily
14    terminated for good cause by his or her governmental
15    agency for conduct subject to decertification under this
16    Act or resigned or retired after receiving notice of a
17    governmental agency's investigation.
18        (2) A law enforcement officer who is currently
19    certified can place his or her certificate on inactive
20    status by sending a written request to the Board. A law
21    enforcement officer whose certificate has been placed on
22    inactive status shall not function as a law enforcement
23    officer until the officer has completed any requirements
24    for reactivating the certificate as required by the Board.
25    A request for inactive status in this subsection shall be
26    in writing, accompanied by verifying documentation, and

 

 

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

 

 

HB4546- 6 -LRB102 23394 RLC 32563 b

1    (c) No provision of this Section shall be construed to
2mean that a county corrections officer employed by a
3governmental agency at the time of the effective date of this
4amendatory Act, either as a probationary county corrections or
5as a permanent county corrections officer, shall require
6certification under the provisions of this Section. No
7provision of this Section shall be construed to apply to
8certification of elected county sheriffs.
9    (d) Within 14 days, a law enforcement officer shall report
10to the Board: (1) any name change; (2) any change in
11employment; or (3) the filing of any criminal indictment or
12charges against the officer alleging that the officer
13committed any offense as enumerated in Section 6.1 of this
14Act.
15    (e) All law enforcement officers must report the
16completion of the training requirements required in this Act
17in compliance with Section 8.4 of this Act.
18    (e-1) Each employing governmental agency shall allow and
19provide an opportunity for a law enforcement officer to
20complete the mandated requirements in this Act. All mandated
21training will be provided for at no cost to the employees.
22Employees shall be paid for all time spent attending mandated
23training.
24    (f) This Section does not apply to part-time law
25enforcement officers or probationary part-time law enforcement
26officers.

 

 

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1(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
2102-28, eff. 6-25-21; revised 7-30-21.)