093_HB3370

 
                                     LRB093 09605 RLC 09843 b

 1        AN ACT in relation to police officers.

 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
 5    by changing Section 6.1 as follows:

 6        (50 ILCS 705/6.1)
 7        Sec. 6.1.  Decertification  of  full-time  and  part-time
 8    police officers.
 9        (a)  The  Board  must  review  police officer conduct and
10    records to ensure that no  police  officer  is  certified  or
11    provided a valid waiver if that police officer has been:
12             (1)  convicted of a felony offense under the laws of
13        this  State or any other state which if committed in this
14        State would be punishable as a felony;.
15             (2)  The Board  must  also  ensure  that  no  police
16        officer  is  certified or provided a valid waiver if that
17        police  officer  has  been  convicted  on  or  after  the
18        effective date of this amendatory  Act  of  1999  of  any
19        misdemeanor  specified in this Section or if committed in
20        any other state would be an offense  similar  to  Section
21        11-6,  11-9.1,  11-14,  11-17,  11-19, 12-2, 12-15, 16-1,
22        17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or  32-7
23        of  the  Criminal  Code of 1961 or to Section 5 or 5.2 of
24        the Cannabis Control Act; or
25             (3)  the subject of an administrative determination,
26        conducted pursuant to the rules and  regulations  of  the
27        law enforcement agency or department employing the police
28        officer, of knowingly committing perjury in a criminal or
29        quasicriminal  proceeding.   For  the  purposes  of  this
30        subsection, "perjury" shall have the meaning as set forth
31        in Section 32-2 of the Criminal Code of 1961.
 
                            -2-      LRB093 09605 RLC 09843 b
 1        The  Board  must  appoint  investigators  to  enforce the
 2    duties conferred upon the Board by this Act.
 3        (b)  It is the responsibility of the sheriff or the chief
 4    executive officer of every local law  enforcement  agency  or
 5    department  within  this  State  to  report  to the Board any
 6    arrest,   administrative   determination   of   perjury,   or
 7    conviction of any officer for an offense identified  in  this
 8    Section.
 9        (c)  It is the duty and responsibility of every full-time
10    and  part-time  police officer in this State to report to the
11    Board within 30 days, and  the  officer's  sheriff  or  chief
12    executive  officer,  of  his  or  her  arrest, administrative
13    determination  of  perjury,  or  conviction  for  an  offense
14    identified in this Section. Any full-time or part-time police
15    officer who knowingly makes, submits, causes to be submitted,
16    or files a false or untruthful report to the Board must  have
17    his  or  her certificate or waiver immediately decertified or
18    revoked.
19        (d)  Any person, or a local or State agency, or the Board
20    is immune  from  liability  for  submitting,  disclosing,  or
21    releasing     information    of    arrests,    administrative
22    determinations of perjury, or convictions in this Section  as
23    long  as the information is submitted, disclosed, or released
24    in good faith and without malice.  The  Board  has  qualified
25    immunity for the release of the information.
26        (e)  Any  full-time  or  part-time  police officer with a
27    certificate or waiver issued by the Board who is convicted of
28    any offense described in this Section or  is  subject  to  an
29    administrative  determination of perjury immediately  becomes
30    decertified  or  no  longer   has   a   valid   waiver.   The
31    decertification  and invalidity of waivers occurs as a matter
32    of law. Failure of a convicted person to report to the  Board
33    his  or  her  conviction  as described in this Section or any
34    continued  law  enforcement  practice   after   receiving   a
 
                            -3-      LRB093 09605 RLC 09843 b
 1    conviction  is a Class 4 felony.
 2        (f)    The  Board's  investigators are peace officers and
 3    have all the powers possessed by policemen in cities  and  by
 4    sheriff's, provided that the investigators may exercise those
 5    powers   anywhere  in  the  State,  only  after  contact  and
 6    cooperation  with  the  appropriate  local  law   enforcement
 7    authorities.
 8        (g)  The  Board  must request and receive information and
 9    assistance from any federal,  state,  or  local  governmental
10    agency   as   part  of  the  authorized  criminal  background
11    investigation.  The Department of State Police must  process,
12    retain,  and additionally provide and disseminate information
13    to  the   Board   concerning   criminal   charges,   arrests,
14    convictions,  and  their  disposition,  that  have been filed
15    before, on, or after the effective date  of  this  amendatory
16    Act  of  the  91st  General  Assembly against a basic academy
17    applicant, law  enforcement  applicant,  or  law  enforcement
18    officer whose fingerprint identification cards are on file or
19    maintained  by  the  Department of State Police.  The Federal
20    Bureau of Investigation must provide the Board  any  criminal
21    history  record information contained in its files pertaining
22    to law enforcement officers  or  any  applicant  to  a  Board
23    certified  basic law enforcement academy as described in this
24    Act based on fingerprint identification. The Board must  make
25    payment  of  fees  to the Department of State Police for each
26    fingerprint  card  submission   in   conformance   with   the
27    requirements  of  paragraph  22  of  Section 55a of the Civil
28    Administrative Code of Illinois.
29    (Source: P.A. 91-495, eff. 1-1-00.)