Full Text of HB3454 95th General Assembly
HB3454sam001 95TH GENERAL ASSEMBLY
|
Sen. John J. Millner
Filed: 4/24/2007
|
|
09500HB3454sam001 |
|
LRB095 09846 HLH 35337 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3454
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3454 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Police Training Act is amended by | 5 |
| changing Sections 6, 6.1, 7, 8.1, and 8.2 and by adding Section | 6 |
| 6.2 as follows:
| 7 |
| (50 ILCS 705/6) (from Ch. 85, par. 506)
| 8 |
| Sec. 6. Powers and duties of the Board.
Selection and | 9 |
| certification of schools.
| 10 |
| (a) The Board shall select
and certify schools within the | 11 |
| State of
Illinois for the purpose of providing basic training | 12 |
| for probationary
police officers, probationary county | 13 |
| corrections officers, and
court security officers and
of | 14 |
| providing advanced or in-service training for permanent police | 15 |
| officers
or permanent
county corrections officers, which | 16 |
| schools may be either publicly or
privately owned and operated. |
|
|
|
09500HB3454sam001 |
- 2 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| In addition, the Board has the following
power and duties:
| 2 |
| (b) The Board may
a. To require local governmental units to | 3 |
| furnish such reports and
information as the Board deems | 4 |
| necessary to fully implement this Act , including but not | 5 |
| limited to, personnel roster, employment status reports, | 6 |
| documentation of background checks, and annual training | 7 |
| requirements .
| 8 |
| (c) The Board shall
b. To establish appropriate mandatory | 9 |
| minimum standards
relating to the training of probationary | 10 |
| local law enforcement officers
or probationary county | 11 |
| corrections officers.
| 12 |
| (d) The Board shall
c. To provide the appropriate licensure
| 13 |
| certification to those probationary
officers who successfully | 14 |
| complete (i) the prescribed minimum standard basic
training | 15 |
| course ; (ii) an exam on constitutional law and ethics; and | 16 |
| (iii) a comprehensive exam administered by the Board .
| 17 |
| (e) The Board shall
d. To review and approve annual | 18 |
| training curriculum for county sheriffs and chiefs of police .
| 19 |
| (f) The Board shall prescribe, direct, and oversee annual | 20 |
| ethics training for police officers and county corrections | 21 |
| officers. | 22 |
| (g) The Board shall
e. To review and approve applicants to | 23 |
| ensure no applicant is admitted
to a certified academy unless | 24 |
| the applicant is a person of good character
and has not been | 25 |
| convicted of a felony offense, any of the
misdemeanors in | 26 |
| Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
|
|
|
|
09500HB3454sam001 |
- 3 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | 2 |
| Criminal Code
of
1961 or Section 5 or 5.2 of the Cannabis | 3 |
| Control Act, or a crime involving
moral
turpitude under the | 4 |
| laws of this State or any other state which if
committed in | 5 |
| this State would be punishable as a felony or a crime of
moral | 6 |
| turpitude. The Board may appoint investigators who shall | 7 |
| enforce
the duties conferred upon the Board by this Act.
| 8 |
| (h) It is the Board's duty to review the conduct of | 9 |
| licensed officers to assure compliance with the standards set | 10 |
| by the Board, as described in this Act and in rules promulgated | 11 |
| under the Act, and take appropriate action to maintain the | 12 |
| highest level of integrity within the law enforcement | 13 |
| profession.
| 14 |
| (Source: P.A. 91-495, eff. 1-1-00.)
| 15 |
| (50 ILCS 705/6.1)
| 16 |
| Sec. 6.1. Revocation of licensure
Decertification of | 17 |
| full-time and part-time police officers.
| 18 |
| (a) The Board must review police officer conduct and | 19 |
| records to ensure that
no
police officer is licensed
certified
| 20 |
| or provided a valid waiver if that police officer has been | 21 |
| convicted of or, after the effective date of this amendatory | 22 |
| Act of the 95th General Assembly, has pled guilty to a
felony | 23 |
| offense under the laws of this
State or any other state which | 24 |
| if committed in this State would be punishable
as a felony. The | 25 |
| Board must also
ensure that no police officer is licensed
|
|
|
|
09500HB3454sam001 |
- 4 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| certified or provided a valid waiver if that
police officer has | 2 |
| been convicted on or
after the effective date of this | 3 |
| amendatory Act of 1999 of or if the officer has pled guilty on | 4 |
| or after the effective date of this amendatory Act of the 95th | 5 |
| General Assembly to any misdemeanor
specified in this Section | 6 |
| or if
committed in any other state would be an offense similar | 7 |
| to Section 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, | 8 |
| 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 | 9 |
| of the
Criminal
Code of 1961 or to Section 5 or
5.2 of the | 10 |
| Cannabis Control Act. The Board must appoint investigators to
| 11 |
| enforce the duties conferred upon the
Board by this Act.
| 12 |
| (b) It is the responsibility of the sheriff or the chief | 13 |
| executive officer
of every local law enforcement
agency or | 14 |
| department within this State to report to the Board any arrest | 15 |
| or
conviction of any officer for an
offense identified in this | 16 |
| Section.
| 17 |
| (c) It is the duty and responsibility of every full-time | 18 |
| and part-time
police officer in this State to report to
the | 19 |
| Board within 30 days, and the officer's sheriff or chief | 20 |
| executive officer,
of his or her arrest or conviction for
an | 21 |
| offense identified in this Section. Any full-time or part-time | 22 |
| police
officer who knowingly makes, submits,
causes to be | 23 |
| submitted, or files a false or untruthful report to the Board | 24 |
| must
have his or her license
certificate or waiver
immediately | 25 |
| decertified or revoked.
| 26 |
| (d) Any person, or a local or State agency, or the Board is |
|
|
|
09500HB3454sam001 |
- 5 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| immune from
liability for submitting,
disclosing, or releasing | 2 |
| information of arrests or convictions in this Section
as long | 3 |
| as the information is
submitted, disclosed, or released in good | 4 |
| faith and without malice. The Board
has qualified immunity for | 5 |
| the
release of the information.
| 6 |
| (e) Whenever a
Any full-time or part-time police officer | 7 |
| with a license
certificate or waiver
issued by the Board who is
| 8 |
| convicted of or, on or after the effective date of this | 9 |
| amendatory Act of the 95th General Assembly, pleads guilty to
| 10 |
| any offense described in this Section , his or her license is | 11 |
| automatically revoked as a matter of law.
immediately becomes
| 12 |
| decertified or no longer has a valid
waiver. The | 13 |
| decertification and invalidity of waivers occurs as a matter of
| 14 |
| law. Failure of a convicted person to
report to the Board his | 15 |
| or her conviction or plea of guilt as described in this Section | 16 |
| or any
continued law enforcement practice
after receiving a | 17 |
| conviction or plea of guilt is a Class 4 felony.
| 18 |
| (f) The Board's investigators are peace officers and have | 19 |
| all the powers
possessed by policemen in cities
and by | 20 |
| sheriff's, provided that the investigators may exercise those | 21 |
| powers
anywhere in the State, only after
contact and | 22 |
| cooperation with the appropriate local law enforcement | 23 |
| authorities.
| 24 |
| (g) The Board must request and receive information and | 25 |
| assistance from any
federal, state, or local
governmental | 26 |
| agency as part of the authorized criminal background
|
|
|
|
09500HB3454sam001 |
- 6 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| investigation. The Department of State Police must process, | 2 |
| retain, and
additionally
provide
and disseminate information | 3 |
| to the Board concerning criminal charges, arrests,
| 4 |
| convictions, and their disposition, that have
been filed | 5 |
| before, on, or after the effective date of this amendatory Act | 6 |
| of
the 91st General Assembly against a basic academy applicant, | 7 |
| law enforcement
applicant, or law enforcement officer whose | 8 |
| fingerprint identification cards
are on file or maintained by | 9 |
| the Department of State Police. The Federal
Bureau
of
| 10 |
| Investigation must provide the Board any criminal history | 11 |
| record information
contained in its files pertaining to law
| 12 |
| enforcement officers or any applicant to a Board certified | 13 |
| basic law
enforcement academy as described in this Act
based on | 14 |
| fingerprint identification. The Board must make payment of fees | 15 |
| to the
Department of State Police for each
fingerprint card | 16 |
| submission in conformance with the requirements of paragraph
22 | 17 |
| of Section 55a of the Civil
Administrative Code of Illinois.
| 18 |
| (h) A police officer who has been certified , licensed, or | 19 |
| granted a valid waiver
shall
also be decertified , have his or | 20 |
| her license revoked, or have his or her waiver revoked upon a | 21 |
| determination by
the Illinois Labor Relations
Board State Panel
| 22 |
| that
he or she, while under oath, has knowingly and willfully | 23 |
| made false statements
as
to a material fact going to an element | 24 |
| of the offense of murder. If an appeal
is filed, the | 25 |
| determination shall be stayed.
| 26 |
| (1) In the case of an acquittal on a charge of murder, |
|
|
|
09500HB3454sam001 |
- 7 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| a verified
complaint may be filed:
| 2 |
| (A) by the defendant; or
| 3 |
| (B) by a police officer with personal knowledge of | 4 |
| perjured
testimony.
| 5 |
| The complaint must allege that a police officer, while under | 6 |
| oath, knowingly
and
willfully made false statements as to a | 7 |
| material fact going to an element of
the
offense of murder. The | 8 |
| verified complaint must be filed with the Executive
Director of | 9 |
| the Illinois Law Enforcement Training Standards Board within 2
| 10 |
| years of the judgment of acquittal.
| 11 |
| (2) Within 30 days, the Executive Director of the | 12 |
| Illinois Law Enforcement
Training
Standards Board shall | 13 |
| review the verified complaint and determine whether the
| 14 |
| verified complaint is frivolous and without merit, or | 15 |
| whether further
investigation is
warranted. The Illinois | 16 |
| Law Enforcement Training Standards Board shall notify
the | 17 |
| officer and the Executive Director of the Illinois Labor | 18 |
| Relations Board
State Panel of the filing of the complaint | 19 |
| and any action taken thereon. If the
Executive Director of | 20 |
| the Illinois Law Enforcement Training
Standards Board | 21 |
| determines that the verified complaint is frivolous and | 22 |
| without
merit, it shall be dismissed. The Executive | 23 |
| Director of the Illinois Law
Enforcement Training | 24 |
| Standards Board has sole discretion to make this
| 25 |
| determination and this decision is not subject to appeal.
| 26 |
| (i) If the Executive Director of the Illinois Law |
|
|
|
09500HB3454sam001 |
- 8 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| Enforcement Training
Standards Board determines that the | 2 |
| verified complaint warrants further
investigation, he or she | 3 |
| shall refer the matter to a task force of
investigators
created | 4 |
| for this purpose. This task force shall consist of 8 sworn | 5 |
| police
officers: 2
from the Illinois State Police, 2 from the | 6 |
| City of Chicago Police Department, 2
from county police | 7 |
| departments, and 2 from municipal police departments.
These | 8 |
| investigators shall have a minimum of 5 years of experience in | 9 |
| conducting
criminal investigations. The investigators shall be | 10 |
| appointed by the Executive
Director of the Illinois Law | 11 |
| Enforcement Training Standards Board. Any officer
or officers | 12 |
| acting in this capacity pursuant to this statutory provision | 13 |
| will
have
statewide police authority while acting in this | 14 |
| investigative capacity. Their
salaries
and expenses for the | 15 |
| time spent conducting investigations under this paragraph
| 16 |
| shall be reimbursed by the Illinois Law Enforcement Training | 17 |
| Standards Board.
| 18 |
| (j) Once the Executive Director of the Illinois Law | 19 |
| Enforcement Training
Standards Board has determined that an | 20 |
| investigation is warranted, the verified
complaint shall be | 21 |
| assigned to an investigator or investigators. The
investigator
| 22 |
| or investigators shall conduct an investigation of the verified | 23 |
| complaint and
shall
write a report of his or her findings. This | 24 |
| report shall be submitted to the
Executive Director of the | 25 |
| Illinois Labor Relations Board State Panel.
| 26 |
| Within 30 days, the Executive Director of the Illinois |
|
|
|
09500HB3454sam001 |
- 9 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| Labor Relations Board
State Panel
shall review the | 2 |
| investigative report and determine whether sufficient evidence
| 3 |
| exists to
conduct an evidentiary hearing on the verified | 4 |
| complaint. If the Executive
Director of the Illinois Labor | 5 |
| Relations Board State Panel determines upon his
or
her review | 6 |
| of the investigatory report that a hearing should not be | 7 |
| conducted,
the
complaint shall be dismissed. This decision is | 8 |
| in the Executive Director's sole
discretion, and this dismissal | 9 |
| may not be appealed.
| 10 |
| If the Executive Director of the Illinois Labor Relations | 11 |
| Board
State Panel
determines that there is sufficient evidence | 12 |
| to warrant a hearing, a hearing
shall
be ordered on the | 13 |
| verified complaint, to be conducted by an administrative law
| 14 |
| judge employed by the Illinois Labor Relations Board State | 15 |
| Panel. The Executive
Director of the Illinois Labor Relations | 16 |
| Board State Panel shall inform the
Executive Director of the | 17 |
| Illinois Law Enforcement Training Standards Board and
the | 18 |
| person who filed the complaint of either the dismissal of the | 19 |
| complaint or
the
issuance of the complaint for hearing.
The | 20 |
| Executive Director shall assign the complaint to the
| 21 |
| administrative law judge within 30 days
of the
decision | 22 |
| granting a hearing.
| 23 |
| (k) In the case of a finding of guilt on the offense of | 24 |
| murder, if a new
trial
is
granted on direct appeal, or a state | 25 |
| post-conviction evidentiary hearing is
ordered, based on a | 26 |
| claim that a police officer, under oath, knowingly and
|
|
|
|
09500HB3454sam001 |
- 10 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| willfully made false statements as to a material fact going to | 2 |
| an element of
the
offense of murder, the Illinois Labor | 3 |
| Relations Board State Panel shall hold a
hearing
to
determine | 4 |
| whether the officer should be decertified or have his or her | 5 |
| license revoked if an interested party
requests such a hearing | 6 |
| within 2 years of the court's decision. The complaint
shall be | 7 |
| assigned to an administrative law judge within 30 days so that | 8 |
| a
hearing can be scheduled.
| 9 |
| At the hearing, the accused officer shall be afforded the | 10 |
| opportunity to:
| 11 |
| (1) Be represented by counsel of his or her own | 12 |
| choosing;
| 13 |
| (2) Be heard in his or her own defense;
| 14 |
| (3) Produce evidence in his or her defense;
| 15 |
| (4) Request that the Illinois Labor Relations Board | 16 |
| State Panel compel the
attendance of witnesses and | 17 |
| production of related documents including but not
limited | 18 |
| to court documents and records.
| 19 |
| Once a case has been set for hearing, the verified | 20 |
| complaint shall be
referred to the Department of Professional | 21 |
| Regulation. That office shall
prosecute the verified complaint | 22 |
| at the hearing before the administrative law
judge. The | 23 |
| Department of Professional Regulation shall have the | 24 |
| opportunity to
produce evidence to support the verified | 25 |
| complaint and to request the Illinois
Labor
Relations Board | 26 |
| State Panel to compel the attendance of witnesses and the
|
|
|
|
09500HB3454sam001 |
- 11 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| production of related documents, including, but not limited to, | 2 |
| court documents
and records. The Illinois Labor Relations Board | 3 |
| State Panel shall have the
power
to issue subpoenas requiring | 4 |
| the attendance of and testimony of witnesses and
the production | 5 |
| of related documents including, but not limited to, court
| 6 |
| documents and records and shall have the power to administer | 7 |
| oaths.
| 8 |
| The administrative law judge shall have the responsibility | 9 |
| of receiving into
evidence relevant testimony and documents, | 10 |
| including court records, to support
or disprove the allegations | 11 |
| made by the person filing the verified complaint
and,
at the | 12 |
| close of the case, hear arguments. If the administrative law | 13 |
| judge finds
that there is not clear and convincing evidence to | 14 |
| support the verified
complaint
that the police officer has, | 15 |
| while under oath, knowingly and willfully made
false
statements | 16 |
| as to a material fact going to an element of the offense of | 17 |
| murder,
the
administrative law judge shall make a written | 18 |
| recommendation of dismissal to
the
Illinois Labor Relations | 19 |
| Board State Panel. If the administrative law judge
finds
that | 20 |
| there is clear and convincing evidence that the police officer | 21 |
| has, while
under
oath, knowingly and willfully made false | 22 |
| statements as to a material fact that
goes to an element of the | 23 |
| offense of murder, the administrative law judge shall
make a | 24 |
| written recommendation so concluding to the Illinois Labor | 25 |
| Relations
Board State Panel. The hearings shall be transcribed.
| 26 |
| The Executive
Director of the Illinois Law Enforcement Training |
|
|
|
09500HB3454sam001 |
- 12 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| Standards Board shall be
informed of the
administrative law | 2 |
| judge's recommended findings and decision and the Illinois
| 3 |
| Labor Relations Board State Panel's subsequent review of the | 4 |
| recommendation.
| 5 |
| (l) An officer named in any complaint filed pursuant to | 6 |
| this Act shall be
indemnified for his or her reasonable | 7 |
| attorney's fees and costs by his or her
employer. These fees | 8 |
| shall be paid in a regular and timely manner. The State,
upon | 9 |
| application by the public employer, shall reimburse the public | 10 |
| employer
for
the accused officer's reasonable attorney's fees | 11 |
| and costs. At no time and
under
no circumstances will the | 12 |
| accused officer be required to pay his or her own
reasonable | 13 |
| attorney's fees or costs.
| 14 |
| (m) The accused officer shall not be placed on unpaid | 15 |
| status because of
the filing or processing of the verified | 16 |
| complaint until there is a final
non-appealable order | 17 |
| sustaining his or her guilt and his or her license or
| 18 |
| certification
is
revoked.
Nothing in this Act, however, | 19 |
| restricts the public employer from pursuing
discipline against | 20 |
| the officer in the normal course and under procedures then
in
| 21 |
| place.
| 22 |
| (n) The Illinois Labor Relations Board State Panel shall | 23 |
| review the
administrative law judge's recommended decision and | 24 |
| 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 |
|
|
|
09500HB3454sam001 |
- 13 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| a material fact going to the offense of murder. Within 30 days | 2 |
| of service
of
the administrative law judge's recommended | 3 |
| decision and order, the parties may
file exceptions to the | 4 |
| recommended decision and order and briefs in support of
their | 5 |
| exceptions with the Illinois Labor Relations Board State Panel. | 6 |
| The
parties
may file responses to the exceptions and briefs in | 7 |
| support of the responses no
later than 15 days after the | 8 |
| service of the exceptions. If exceptions are filed
by
any of | 9 |
| the parties, the Illinois Labor Relations Board State Panel | 10 |
| shall review
the
matter and make a finding to uphold, vacate, | 11 |
| or modify the recommended
decision and order. If the Illinois | 12 |
| Labor Relations Board State Panel concludes
that there is clear | 13 |
| and convincing evidence that the accused officer, while
under
| 14 |
| oath, knowingly and willfully made false statements as to a | 15 |
| material fact going
to
an element of the offense murder, the | 16 |
| Illinois Labor Relations Board State
Panel
shall inform the | 17 |
| Illinois Law Enforcement Training Standards Board and the
| 18 |
| Illinois Law Enforcement Training Standards Board shall revoke | 19 |
| the accused
officer's certification , license, or waiver . If the | 20 |
| accused officer appeals that determination to
the
Appellate | 21 |
| Court, as provided by this Act, he or she may petition the | 22 |
| Appellate
Court to stay the revocation of his or her | 23 |
| certification , license, or waiver pending the court's
review
of | 24 |
| the matter.
| 25 |
| (o) None of the Illinois Labor Relations Board State | 26 |
| Panel's findings or
determinations shall set any precedent in |
|
|
|
09500HB3454sam001 |
- 14 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| any of its decisions decided pursuant
to the Illinois Public | 2 |
| Labor Relations Act by the Illinois Labor Relations
Board
State
| 3 |
| Panel or the courts.
| 4 |
| (p) A party aggrieved by the final order of the Illinois | 5 |
| Labor Relations
Board State Panel may apply for and obtain | 6 |
| judicial review of an order of the
Illinois Labor Relations | 7 |
| Board State Panel, in accordance with the provisions
of
the | 8 |
| Administrative Review Law, except that such judicial review | 9 |
| shall be
afforded
directly in the Appellate Court for the | 10 |
| district in which the accused officer
resides.
Any direct | 11 |
| appeal to the Appellate Court shall be filed within 35 days | 12 |
| from the
date that a copy of the decision sought to be reviewed | 13 |
| was served upon the
party
affected by the decision.
| 14 |
| (q) Interested parties. Only interested parties to the | 15 |
| criminal prosecution
in
which the police officer allegedly, | 16 |
| while under oath, knowingly and willfully
made
false statements | 17 |
| as to a material fact going to an element of the offense of
| 18 |
| murder may file a verified complaint pursuant to this Section. | 19 |
| 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
| 22 |
| 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.
| 25 |
| (r) Semi-annual reports. The Executive Director of the | 26 |
| Illinois Labor
Relations Board shall submit semi-annual |
|
|
|
09500HB3454sam001 |
- 15 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| reports to the Governor, President,
and
Minority Leader of the | 2 |
| Senate, and to the Speaker and Minority Leader of the
House
of | 3 |
| Representatives beginning on June 30, 2004, indicating:
| 4 |
| (1) the number of verified complaints received | 5 |
| since the date of the
last
report;
| 6 |
| (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 |
|
|
|
09500HB3454sam001 |
- 16 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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 |
|
|
|
09500HB3454sam001 |
- 17 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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 |
|
|
|
09500HB3454sam001 |
- 18 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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.
|
|
|
|
09500HB3454sam001 |
- 19 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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 |
|
|
|
09500HB3454sam001 |
- 20 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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 |
|
|
|
09500HB3454sam001 |
- 21 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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 |
|
|
|
09500HB3454sam001 |
- 22 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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 |
|
|
|
09500HB3454sam001 |
- 23 - |
LRB095 09846 HLH 35337 a |
|
| 1 |
| 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.)".
|
|