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Sen. John J. Millner
Filed: 4/24/2007
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LRB095 09846 HLH 35337 a |
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| AMENDMENT TO HOUSE BILL 3454
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| AMENDMENT NO. ______. Amend House Bill 3454 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Police Training Act is amended by |
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| changing Sections 6, 6.1, 7, 8.1, and 8.2 and by adding Section |
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| 6.2 as follows:
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| (50 ILCS 705/6) (from Ch. 85, par. 506)
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| Sec. 6. Powers and duties of the Board.
Selection and |
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| certification of schools.
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| (a) The Board shall select
and certify schools within the |
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| State of
Illinois for the purpose of providing basic training |
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| for probationary
police officers, probationary county |
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| corrections officers, and
court security officers and
of |
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| providing advanced or in-service training for permanent police |
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| officers
or permanent
county corrections officers, which |
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| schools may be either publicly or
privately owned and operated. |
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| In addition, the Board has the following
power and duties:
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| (b) The Board may
a. To require local governmental units to |
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| furnish such reports and
information as the Board deems |
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| necessary to fully implement this Act , including but not |
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| limited to, personnel roster, employment status reports, |
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| documentation of background checks, and annual training |
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| requirements .
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| (c) The Board shall
b. To establish appropriate mandatory |
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| minimum standards
relating to the training of probationary |
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| local law enforcement officers
or probationary county |
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| corrections officers.
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| (d) The Board shall
c. To provide the appropriate licensure
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| certification to those probationary
officers who successfully |
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| complete (i) the prescribed minimum standard basic
training |
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| course ; (ii) an exam on constitutional law and ethics; and |
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| (iii) a comprehensive exam administered by the Board .
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| (e) The Board shall
d. To review and approve annual |
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| training curriculum for county sheriffs and chiefs of police .
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| (f) The Board shall prescribe, direct, and oversee annual |
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| ethics training for police officers and county corrections |
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| officers. |
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| (g) The Board shall
e. To review and approve applicants to |
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| ensure no applicant is admitted
to a certified academy unless |
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| the applicant is a person of good character
and has not been |
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| convicted of a felony offense, any of the
misdemeanors in |
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| Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
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| 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the |
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| Criminal Code
of
1961 or Section 5 or 5.2 of the Cannabis |
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| Control Act, or a crime involving
moral
turpitude under the |
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| laws of this State or any other state which if
committed in |
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| this State would be punishable as a felony or a crime of
moral |
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| turpitude. The Board may appoint investigators who shall |
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| enforce
the duties conferred upon the Board by this Act.
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| (h) It is the Board's duty to review the conduct of |
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| licensed officers to assure compliance with the standards set |
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| by the Board, as described in this Act and in rules promulgated |
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| under the Act, and take appropriate action to maintain the |
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| highest level of integrity within the law enforcement |
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| profession.
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| (Source: P.A. 91-495, eff. 1-1-00.)
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| (50 ILCS 705/6.1)
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| Sec. 6.1. Revocation of licensure
Decertification of |
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| full-time and part-time police officers.
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| (a) The Board must review police officer conduct and |
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| records to ensure that
no
police officer is licensed
certified
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| or provided a valid waiver if that police officer has been |
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| convicted of or, after the effective date of this amendatory |
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| Act of the 95th General Assembly, has pled guilty to a
felony |
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| offense under the laws of this
State or any other state which |
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| if committed in this State would be punishable
as a felony. The |
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| Board must also
ensure that no police officer is licensed
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| certified or provided a valid waiver if that
police officer has |
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| been convicted on or
after the effective date of this |
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| amendatory Act of 1999 of or if the officer has pled guilty on |
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| or after the effective date of this amendatory Act of the 95th |
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| General Assembly to any misdemeanor
specified in this Section |
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| or if
committed in any other state would be an offense similar |
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| to Section 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, |
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| 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 |
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| of the
Criminal
Code of 1961 or to Section 5 or
5.2 of the |
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| Cannabis Control Act. The Board must appoint investigators to
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| enforce the duties conferred upon the
Board by this Act.
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| (b) It is the responsibility of the sheriff or the chief |
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| executive officer
of every local law enforcement
agency or |
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| department within this State to report to the Board any arrest |
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| or
conviction of any officer for an
offense identified in this |
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| Section.
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| (c) It is the duty and responsibility of every full-time |
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| and part-time
police officer in this State to report to
the |
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| Board within 30 days, and the officer's sheriff or chief |
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| executive officer,
of his or her arrest or conviction for
an |
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| offense identified in this Section. Any full-time or part-time |
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| police
officer who knowingly makes, submits,
causes to be |
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| submitted, or files a false or untruthful report to the Board |
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| must
have his or her license
certificate or waiver
immediately |
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| decertified or revoked.
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| (d) Any person, or a local or State agency, or the Board is |
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| immune from
liability for submitting,
disclosing, or releasing |
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| information of arrests or convictions in this Section
as long |
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| as the information is
submitted, disclosed, or released in good |
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| faith and without malice. The Board
has qualified immunity for |
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| the
release of the information.
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| (e) Whenever a
Any full-time or part-time police officer |
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| with a license
certificate or waiver
issued by the Board who is
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| convicted of or, on or after the effective date of this |
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| amendatory Act of the 95th General Assembly, pleads guilty to
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| any offense described in this Section , his or her license is |
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| automatically revoked as a matter of law.
immediately becomes
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| decertified or no longer has a valid
waiver. The |
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| decertification and invalidity of waivers occurs as a matter of
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| law. Failure of a convicted person to
report to the Board his |
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| or her conviction or plea of guilt as described in this Section |
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| or any
continued law enforcement practice
after receiving a |
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| conviction or plea of guilt is a Class 4 felony.
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| (f) The Board's investigators are peace officers and have |
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| all the powers
possessed by policemen in cities
and by |
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| sheriff's, provided that the investigators may exercise those |
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| powers
anywhere in the State, only after
contact and |
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| cooperation with the appropriate local law enforcement |
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| authorities.
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| (g) The Board must request and receive information and |
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| assistance from any
federal, state, or local
governmental |
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| agency as part of the authorized criminal background
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| investigation. The Department of State Police must process, |
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| retain, and
additionally
provide
and disseminate information |
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| to the Board concerning criminal charges, arrests,
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| convictions, and their disposition, that have
been filed |
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| before, on, or after the effective date of this amendatory Act |
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| of
the 91st General Assembly against a basic academy applicant, |
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| law enforcement
applicant, or law enforcement officer whose |
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| fingerprint identification cards
are on file or maintained by |
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| the Department of State Police. The Federal
Bureau
of
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| Investigation must provide the Board any criminal history |
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| record information
contained in its files pertaining to law
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| enforcement officers or any applicant to a Board certified |
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| basic law
enforcement academy as described in this Act
based on |
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| fingerprint identification. The Board must make payment of fees |
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| to the
Department of State Police for each
fingerprint card |
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| submission in conformance with the requirements of paragraph
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| of Section 55a of the Civil
Administrative Code of Illinois.
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| (h) A police officer who has been certified , licensed, or |
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| granted a valid waiver
shall
also be decertified , have his or |
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| her license revoked, or have his or her waiver revoked upon a |
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| determination by
the Illinois Labor Relations
Board State Panel
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| that
he or she, while under oath, has knowingly and willfully |
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| made false statements
as
to a material fact going to an element |
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| of the offense of murder. If an appeal
is filed, the |
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| determination shall be stayed.
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| (1) In the case of an acquittal on a charge of murder, |
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| a verified
complaint may be filed:
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| (A) by the defendant; or
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| (B) by a police officer with personal knowledge of |
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| perjured
testimony.
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| The complaint must allege that a police officer, while under |
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| oath, knowingly
and
willfully made false statements as to a |
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| material fact going to an element of
the
offense of murder. The |
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| verified complaint must be filed with the Executive
Director of |
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| the Illinois Law Enforcement Training Standards Board within 2
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| years of the judgment of acquittal.
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| (2) Within 30 days, the Executive Director of the |
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| Illinois Law Enforcement
Training
Standards Board shall |
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| review the verified complaint and determine whether the
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| verified complaint is frivolous and without merit, or |
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| whether further
investigation is
warranted. The Illinois |
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| Law Enforcement Training Standards Board shall notify
the |
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| officer and the Executive Director of the Illinois Labor |
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| Relations Board
State Panel of the filing of the complaint |
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| and any action taken thereon. If the
Executive Director of |
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| the Illinois Law Enforcement Training
Standards Board |
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| determines that the verified complaint is frivolous and |
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| without
merit, it shall be dismissed. The Executive |
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| Director of the Illinois Law
Enforcement Training |
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| Standards Board has sole discretion to make this
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| determination and this decision is not subject to appeal.
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| (i) If the Executive Director of the Illinois Law |
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| Enforcement Training
Standards Board determines that the |
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| verified complaint warrants further
investigation, he or she |
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| shall refer the matter to a task force of
investigators
created |
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| for this purpose. This task force shall consist of 8 sworn |
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| police
officers: 2
from the Illinois State Police, 2 from the |
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| City of Chicago Police Department, 2
from county police |
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| departments, and 2 from municipal police departments.
These |
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| investigators shall have a minimum of 5 years of experience in |
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| conducting
criminal investigations. The investigators shall be |
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| appointed by the Executive
Director of the Illinois Law |
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| Enforcement Training Standards Board. Any officer
or officers |
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| acting in this capacity pursuant to this statutory provision |
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| will
have
statewide police authority while acting in this |
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| investigative capacity. Their
salaries
and expenses for the |
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| time spent conducting investigations under this paragraph
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| shall be reimbursed by the Illinois Law Enforcement Training |
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| Standards Board.
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| (j) Once the Executive Director of the Illinois Law |
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| Enforcement Training
Standards Board has determined that an |
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| investigation is warranted, the verified
complaint shall be |
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| assigned to an investigator or investigators. The
investigator
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| or investigators shall conduct an investigation of the verified |
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| complaint and
shall
write a report of his or her findings. This |
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| report shall be submitted to the
Executive Director of the |
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| Illinois Labor Relations Board State Panel.
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| Within 30 days, the Executive Director of the Illinois |
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| Labor Relations Board
State Panel
shall review the |
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| investigative report and determine whether sufficient evidence
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| exists to
conduct an evidentiary hearing on the verified |
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| complaint. If the Executive
Director of the Illinois Labor |
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| Relations Board State Panel determines upon his
or
her review |
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| of the investigatory report that a hearing should not be |
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| conducted,
the
complaint shall be dismissed. This decision is |
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| in the Executive Director's sole
discretion, and this dismissal |
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| may not be appealed.
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| If the Executive Director of the Illinois Labor Relations |
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| Board
State Panel
determines that there is sufficient evidence |
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| to warrant a hearing, a hearing
shall
be ordered on the |
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| verified complaint, to be conducted by an administrative law
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| judge employed by the Illinois Labor Relations Board State |
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| Panel. The Executive
Director of the Illinois Labor Relations |
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| Board State Panel shall inform the
Executive Director of the |
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| Illinois Law Enforcement Training Standards Board and
the |
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| person who filed the complaint of either the dismissal of the |
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| complaint or
the
issuance of the complaint for hearing.
The |
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| Executive Director shall assign the complaint to the
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| administrative law judge within 30 days
of the
decision |
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| granting a hearing.
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| (k) In the case of a finding of guilt on the offense of |
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| murder, if a new
trial
is
granted on direct appeal, or a state |
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| post-conviction evidentiary hearing is
ordered, based on a |
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| claim that a police officer, under oath, knowingly and
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| willfully made false statements as to a material fact going to |
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| an element of
the
offense of murder, the Illinois Labor |
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| Relations Board State Panel shall hold a
hearing
to
determine |
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| whether the officer should be decertified or have his or her |
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| license revoked if an interested party
requests such a hearing |
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| within 2 years of the court's decision. The complaint
shall be |
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| assigned to an administrative law judge within 30 days so that |
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| a
hearing can be scheduled.
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| At the hearing, the accused officer shall be afforded the |
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| opportunity to:
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| (1) Be represented by counsel of his or her own |
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| choosing;
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| (2) Be heard in his or her own defense;
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| (3) Produce evidence in his or her defense;
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| (4) Request that the Illinois Labor Relations Board |
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| State Panel compel the
attendance of witnesses and |
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| production of related documents including but not
limited |
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| to court documents and records.
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| Once a case has been set for hearing, the verified |
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| complaint shall be
referred to the Department of Professional |
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| Regulation. That office shall
prosecute the verified complaint |
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| at the hearing before the administrative law
judge. The |
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| Department of Professional Regulation shall have the |
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| opportunity to
produce evidence to support the verified |
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| complaint and to request the Illinois
Labor
Relations Board |
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| State Panel to compel the attendance of witnesses and the
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| production of related documents, including, but not limited to, |
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| court documents
and records. The Illinois Labor Relations Board |
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| State Panel shall have the
power
to issue subpoenas requiring |
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| the attendance of and testimony of witnesses and
the production |
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| of related documents including, but not limited to, court
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| documents and records and shall have the power to administer |
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| oaths.
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| The administrative law judge shall have the responsibility |
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| of receiving into
evidence relevant testimony and documents, |
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| including court records, to support
or disprove the allegations |
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| made by the person filing the verified complaint
and,
at the |
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| close of the case, hear arguments. If the administrative law |
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| judge finds
that there is not clear and convincing evidence to |
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| support the verified
complaint
that the police officer has, |
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| while under oath, knowingly and willfully made
false
statements |
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| as to a material fact going to an element of the offense of |
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| murder,
the
administrative law judge shall make a written |
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| recommendation of dismissal to
the
Illinois Labor Relations |
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| Board State Panel. If the administrative law judge
finds
that |
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| there is clear and convincing evidence that the police officer |
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| has, while
under
oath, knowingly and willfully made false |
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| statements as to a material fact that
goes to an element of the |
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| offense of murder, the administrative law judge shall
make a |
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| written recommendation so concluding to the Illinois Labor |
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| Relations
Board State Panel. The hearings shall be transcribed.
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| The Executive
Director of the Illinois Law Enforcement Training |
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| Standards Board shall be
informed of the
administrative law |
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| judge's recommended findings and decision and the Illinois
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| Labor Relations Board State Panel's subsequent review of the |
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| recommendation.
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| (l) An officer named in any complaint filed pursuant to |
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| this Act shall be
indemnified for his or her reasonable |
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| attorney's fees and costs by his or her
employer. These fees |
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| shall be paid in a regular and timely manner. The State,
upon |
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| application by the public employer, shall reimburse the public |
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| employer
for
the accused officer's reasonable attorney's fees |
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| and costs. At no time and
under
no circumstances will the |
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| accused officer be required to pay his or her own
reasonable |
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| attorney's fees or costs.
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| (m) The accused officer shall not be placed on unpaid |
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| status because of
the filing or processing of the verified |
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| complaint until there is a final
non-appealable order |
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| sustaining his or her guilt and his or her license or
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| certification
is
revoked.
Nothing in this Act, however, |
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| restricts the public employer from pursuing
discipline against |
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| the officer in the normal course and under procedures then
in
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| place.
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| (n) The Illinois Labor Relations Board State Panel shall |
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| review the
administrative law judge's recommended decision and |
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| order and determine by a
majority vote whether or not there was |
25 |
| clear and convincing evidence that the
accused officer, while |
26 |
| under oath, knowingly and willfully made false
statements
as to |
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| a material fact going to the offense of murder. Within 30 days |
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| of service
of
the administrative law judge's recommended |
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| decision and order, the parties may
file exceptions to the |
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| recommended decision and order and briefs in support of
their |
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| exceptions with the Illinois Labor Relations Board State Panel. |
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| The
parties
may file responses to the exceptions and briefs in |
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| support of the responses no
later than 15 days after the |
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| service of the exceptions. If exceptions are filed
by
any of |
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| the parties, the Illinois Labor Relations Board State Panel |
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| shall review
the
matter and make a finding to uphold, vacate, |
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| or modify the recommended
decision and order. If the Illinois |
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| Labor Relations Board State Panel concludes
that there is clear |
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| and convincing evidence that the accused officer, while
under
|
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| oath, knowingly and willfully made false statements as to a |
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| material fact going
to
an element of the offense murder, the |
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| Illinois Labor Relations Board State
Panel
shall inform the |
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| Illinois Law Enforcement Training Standards Board and the
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| Illinois Law Enforcement Training Standards Board shall revoke |
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| the accused
officer's certification , license, or waiver . If the |
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| accused officer appeals that determination to
the
Appellate |
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| Court, as provided by this Act, he or she may petition the |
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| Appellate
Court to stay the revocation of his or her |
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| certification , license, or waiver pending the court's
review
of |
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| the matter.
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| (o) None of the Illinois Labor Relations Board State |
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| Panel's findings or
determinations shall set any precedent in |
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| any of its decisions decided pursuant
to the Illinois Public |
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| Labor Relations Act by the Illinois Labor Relations
Board
State
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| Panel or the courts.
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| (p) A party aggrieved by the final order of the Illinois |
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| Labor Relations
Board State Panel may apply for and obtain |
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| judicial review of an order of the
Illinois Labor Relations |
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| Board State Panel, in accordance with the provisions
of
the |
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| Administrative Review Law, except that such judicial review |
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| shall be
afforded
directly in the Appellate Court for the |
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| district in which the accused officer
resides.
Any direct |
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| appeal to the Appellate Court shall be filed within 35 days |
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| from the
date that a copy of the decision sought to be reviewed |
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| was served upon the
party
affected by the decision.
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| (q) Interested parties. Only interested parties to the |
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| criminal prosecution
in
which the police officer allegedly, |
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| while under oath, knowingly and willfully
made
false statements |
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| as to a material fact going to an element of the offense of
|
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| murder may file a verified complaint pursuant to this Section. |
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| For purposes of
this Section, "interested parties" shall be |
20 |
| limited to the defendant and any
police
officer who has |
21 |
| personal knowledge that the police officer who is the subject
|
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| of
the complaint has, while under oath, knowingly and willfully |
23 |
| made false
statements
as
to a material fact going to an element |
24 |
| of the offense of murder.
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| (r) Semi-annual reports. The Executive Director of the |
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| Illinois Labor
Relations Board shall submit semi-annual |
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| reports to the Governor, President,
and
Minority Leader of the |
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| Senate, and to the Speaker and Minority Leader of the
House
of |
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| Representatives beginning on June 30, 2004, indicating:
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| (1) the number of verified complaints received |
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| since the date of the
last
report;
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| (2) the number of investigations initiated since |
7 |
| the date of the last
report;
|
8 |
| (3) the number of investigations concluded since |
9 |
| the date of the last
report;
|
10 |
| (4) the number of investigations pending as of the |
11 |
| reporting date;
|
12 |
| (5) the number of hearings held since the date of |
13 |
| the last report; and
|
14 |
| (6) the number of officers decertified since the |
15 |
| date of the last
report.
|
16 |
| (Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
|
17 |
| (50 ILCS 705/6.2 new) |
18 |
| Sec. 6.2. Conversion of certificates to licenses. |
19 |
| (a) Beginning on the effective date of this amendatory Act |
20 |
| of the 95th General Assembly, the Board's recognition for |
21 |
| persons who have successfully completed the prescribed minimum |
22 |
| standards basic training course for police officers shall be |
23 |
| issued licenses rather than certificates. |
24 |
| (b) If a person has successfully completed the prescribed |
25 |
| minimum standard basic training course for police officers and |
|
|
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| holds a valid certification to that effect on the effective |
2 |
| date of this amendatory Act, that certification shall be |
3 |
| recognized as a license for the purpose of this Act. |
4 |
| (c) If, on the effective date of this amendatory Act of the |
5 |
| 95th General Assembly, a person holds a valid waiver from one |
6 |
| of the certification requirements of this Act for police |
7 |
| officers, that waiver shall be deemed a waiver from the |
8 |
| corresponding licensure requirements of this Act. |
9 |
| (d) The Board shall replace the certificates, or other |
10 |
| evidence of certification or waiver for police officers, in use |
11 |
| on the effective date of this amendatory Act of the 95th |
12 |
| General Assembly with new identification credentials, to be |
13 |
| carried on their person, to signify state licensure.
|
14 |
| (50 ILCS 705/7) (from Ch. 85, par. 507)
|
15 |
| Sec. 7. Rules and standards for schools. The Board shall |
16 |
| adopt rules and
minimum standards for such schools which shall |
17 |
| include but not be limited to
the following:
|
18 |
| a. The curriculum for probationary police officers which |
19 |
| shall be
offered by all certified schools shall include but not |
20 |
| be limited to
courses of arrest, search and seizure, civil |
21 |
| rights, human relations,
cultural
diversity, including racial |
22 |
| and ethnic sensitivity,
ethical code of conduct in performing |
23 |
| police duties, constitutional law, criminal law, law of |
24 |
| criminal procedure, vehicle and traffic law including
uniform |
25 |
| and non-discriminatory enforcement of the Illinois Vehicle |
|
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| Code,
traffic control and accident investigation, techniques |
2 |
| of obtaining
physical evidence, court testimonies, statements, |
3 |
| reports, firearms
training, first-aid (including |
4 |
| cardiopulmonary resuscitation), handling of
juvenile |
5 |
| offenders, recognition of
mental conditions which require |
6 |
| immediate assistance and methods to
safeguard and provide |
7 |
| assistance to a person in need of mental
treatment, law of |
8 |
| evidence, the hazards of high-speed police vehicle
chases with |
9 |
| an emphasis on alternatives to the high-speed chase, and
|
10 |
| physical training. The curriculum shall include specific |
11 |
| training in
techniques for immediate response to and |
12 |
| investigation of cases of domestic
violence and of sexual |
13 |
| assault of adults and children. The curriculum shall also |
14 |
| include a block of instruction aimed at identifying and |
15 |
| interacting with persons with autism and other developmental |
16 |
| disabilities, reducing barriers to reporting crimes against |
17 |
| persons with autism, and addressing the unique challenges |
18 |
| presented by cases involving victims or witnesses with autism |
19 |
| and other developmental disabilities. The curriculum for
|
20 |
| permanent police officers shall include but not be limited to |
21 |
| (1) refresher
and in-service training in any of the courses |
22 |
| listed above in this
subparagraph, (2) advanced courses in any |
23 |
| of the subjects listed above in
this subparagraph, (3) training |
24 |
| for supervisory personnel, and (4)
specialized training in |
25 |
| subjects and fields to be selected by the board , and (5) |
26 |
| practical application of the ethical code of conduct in |
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| performing police duties .
|
2 |
| b. Minimum courses of study, attendance requirements and |
3 |
| equipment
requirements.
|
4 |
| c. Minimum requirements for instructors.
|
5 |
| d. Minimum basic training requirements, which a |
6 |
| probationary police
officer must satisfactorily complete |
7 |
| before being eligible for permanent
employment as a local law |
8 |
| enforcement officer for a participating local
governmental |
9 |
| agency. Those requirements shall include training in first aid
|
10 |
| (including cardiopulmonary resuscitation).
|
11 |
| e. Minimum basic training requirements, which a |
12 |
| probationary county
corrections officer must satisfactorily |
13 |
| complete before being eligible for
permanent employment as a |
14 |
| county corrections officer for a participating
local |
15 |
| governmental agency.
|
16 |
| f. Minimum basic training requirements which a |
17 |
| probationary court
security officer must satisfactorily |
18 |
| complete before being eligible for
permanent employment as a |
19 |
| court security officer for a participating local
governmental |
20 |
| agency. The Board shall
establish those training requirements |
21 |
| which it considers appropriate for court
security officers and |
22 |
| shall certify schools to conduct that training.
|
23 |
| g. A uniform oath to uphold an ethical code of conduct to |
24 |
| be sworn by all officers upon completion of all applicable |
25 |
| prerequisites and prior to conference of their license or |
26 |
| certification.
|
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| A person hired to serve as a court security officer must |
2 |
| obtain from the
Board a certificate (i) attesting to his or her |
3 |
| successful completion of the
training course; (ii) attesting to |
4 |
| his or her satisfactory
completion of a training program of |
5 |
| similar content and number of hours that
has been found |
6 |
| acceptable by the Board under the provisions of this Act; or
|
7 |
| (iii) attesting to the Board's determination that the training
|
8 |
| course is unnecessary because of the person's extensive prior |
9 |
| law enforcement
experience.
|
10 |
| Individuals who currently serve as court security officers |
11 |
| shall be deemed
qualified to continue to serve in that capacity |
12 |
| so long as they are certified
as provided by this Act within 24 |
13 |
| months of the effective date of this
amendatory Act of 1996. |
14 |
| Failure to be so certified, absent a waiver from the
Board, |
15 |
| shall cause the officer to forfeit his or her position.
|
16 |
| All individuals hired as court security officers on or |
17 |
| after the effective
date of this amendatory Act of 1996 shall |
18 |
| be certified within 12 months of the
date of their hire, unless |
19 |
| a waiver has been obtained by the Board, or they
shall forfeit |
20 |
| their positions.
|
21 |
| The Sheriff's Merit Commission, if one exists, or the |
22 |
| Sheriff's Office if
there is no Sheriff's Merit Commission, |
23 |
| shall maintain a list of all
individuals who have filed |
24 |
| applications to become court security officers and
who meet the |
25 |
| eligibility requirements established under this Act. Either
|
26 |
| the Sheriff's Merit Commission, or the Sheriff's Office if no |
|
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| Sheriff's Merit
Commission exists, shall establish a schedule |
2 |
| of reasonable intervals for
verification of the applicants' |
3 |
| qualifications under
this Act and as established by the Board.
|
4 |
| (Source: P.A. 93-209, eff. 7-18-03.)
|
5 |
| (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
|
6 |
| Sec. 8.1. Full-time police and county corrections |
7 |
| officers.
|
8 |
| (a) No
After January 1, 1976, no person shall receive a |
9 |
| permanent
appointment as a law enforcement officer as defined |
10 |
| in this
Act nor shall any person receive, after the effective |
11 |
| date of this
amendatory Act of 1984, a permanent appointment as |
12 |
| a county corrections officer
unless that person has been |
13 |
| awarded, within six months of his or her
initial full-time |
14 |
| employment, a license
certificate attesting to his or her
|
15 |
| successful completion of the Minimum Standards Basic Law |
16 |
| Enforcement and County
Correctional Training Course and |
17 |
| comprehensive exam as prescribed by the Board; or has been |
18 |
| awarded a
certificate attesting to his satisfactory completion |
19 |
| of a training program of
similar content and number of hours |
20 |
| and which course has been found acceptable
by the Board under |
21 |
| the provisions of this Act; or by reason of extensive prior
law |
22 |
| enforcement or county corrections experience the basic |
23 |
| training requirement
is determined by the Board to be illogical |
24 |
| and unreasonable.
|
25 |
| If such training is required and not completed within the |
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| applicable six
months, then the officer must forfeit his |
2 |
| position, or the employing agency
must obtain a waiver from the |
3 |
| Board extending the period for
compliance. Such waiver shall be |
4 |
| issued only for good and justifiable
reasons, and in no case |
5 |
| shall extend more than 90 days beyond the
initial six months.
|
6 |
| (b) No provision of this Section shall be construed to mean |
7 |
| that a
law enforcement officer employed by a local governmental |
8 |
| agency
at the time of the effective date of this amendatory |
9 |
| Act, either as a
probationary police officer or as a permanent |
10 |
| police officer, shall
require certification under the |
11 |
| provisions of this Section. No provision
of this Section shall |
12 |
| be construed to mean that a county corrections
officer employed |
13 |
| by a local governmental agency at the time of the
effective |
14 |
| date of this amendatory Act of 1984, either as a probationary
|
15 |
| county corrections or as a permanent county corrections |
16 |
| officer, shall
require certification under the provisions of |
17 |
| this Section. No provision of
this Section shall be construed |
18 |
| to apply to certification of elected county
sheriffs.
|
19 |
| (c) This Section does not apply to part-time police |
20 |
| officers or
probationary part-time police officers.
|
21 |
| (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
|
22 |
| (50 ILCS 705/8.2)
|
23 |
| Sec. 8.2. Part-time police officers.
|
24 |
| (a) A person hired to serve as a part-time
police officer |
25 |
| must obtain from the Board a license
certificate (i) attesting |
|
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| to his
or her successful completion of the part-time police |
2 |
| training course; (ii)
attesting to his or her satisfactory |
3 |
| completion of a training program of
similar content and number |
4 |
| of hours that has been found acceptable by the
Board under the |
5 |
| provisions of this Act; or (iii) attesting to the Board's
|
6 |
| determination that the part-time police training course is |
7 |
| unnecessary because
of the person's extensive prior law |
8 |
| enforcement experience ; and (iv) attesting to the officer's |
9 |
| successful completion of the comprehensive exam prescribed by |
10 |
| the Board .
A person hired on or after the effective date of |
11 |
| this amendatory Act of the
92nd General Assembly must obtain |
12 |
| licensure
this certificate within 18 months after the
initial |
13 |
| date of hire as a probationary part-time police officer in the |
14 |
| State of
Illinois. The probationary part-time police officer |
15 |
| must be enrolled and
accepted into a Board-approved course |
16 |
| within 6 months after active employment
by any department in |
17 |
| the State.
A person hired
on or after January 1, 1996 and |
18 |
| before the effective date of this amendatory
Act of the 92nd |
19 |
| General Assembly must obtain this certificate within 18
months
|
20 |
| after the date of hire. A person hired before
January 1, 1996 |
21 |
| must obtain this certificate within 24 months after the
|
22 |
| effective date of this amendatory Act of 1995.
|
23 |
| The employing agency may seek a waiver from the Board |
24 |
| extending the period
for compliance. A waiver shall be issued |
25 |
| only for good and justifiable
reasons, and the probationary |
26 |
| part-time police officer may not practice as a
part-time
police |
|
|
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| officer during the waiver period. If training is
required and |
2 |
| not completed within the applicable time period, as extended by
|
3 |
| any waiver that may be granted, then the officer must forfeit |
4 |
| his or her
position.
|
5 |
| (b) (Blank).
|
6 |
| (c) The part-time police training course referred to in |
7 |
| this Section
shall be of similar content and the same number of |
8 |
| hours as the courses for
full-time officers and
shall be |
9 |
| provided by
Mobile Team In-Service Training Units under the |
10 |
| Intergovernmental Law
Enforcement Officer's In-Service |
11 |
| Training Act or by another approved program
or facility in a |
12 |
| manner prescribed by the
Board.
|
13 |
| (d) For the purposes of this Section, the Board shall adopt |
14 |
| rules defining
what constitutes employment on a part-time |
15 |
| basis.
|
16 |
| (Source: P.A. 92-533, eff. 3-14-02.)".
|