HB2591enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Sections 6, 6.1, 8.1, and 10.2 as follows:
 
6    (50 ILCS 705/6)  (from Ch. 85, par. 506)
7    Sec. 6. Powers and duties of the Board; selection and
8certification of schools. The Board shall select and certify
9schools within the State of Illinois for the purpose of
10providing basic training for probationary police officers,
11probationary county corrections officers, and court security
12officers and of providing advanced or in-service training for
13permanent police officers or permanent county corrections
14officers, which schools may be either publicly or privately
15owned and operated. In addition, the Board has the following
16power and duties:
17        a. To require local governmental units to furnish such
18    reports and information as the Board deems necessary to
19    fully implement this Act.
20        b. To establish appropriate mandatory minimum
21    standards relating to the training of probationary local
22    law enforcement officers or probationary county
23    corrections officers, and in-service training of permanent

 

 

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1    police officers.
2        c. To provide appropriate certification to those
3    probationary officers who successfully complete the
4    prescribed minimum standard basic training course.
5        d. To review and approve annual training curriculum for
6    county sheriffs.
7        e. To review and approve applicants to ensure that no
8    applicant is admitted to a certified academy unless the
9    applicant is a person of good character and has not been
10    convicted of, or entered a plea of guilty to, a felony
11    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
12    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
13    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
14    Criminal Code of 1961 or the Criminal Code of 2012,
15    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
16    Criminal Code of 1961 or the Criminal Code of 2012, or
17    subsection (a) of Section 17-32 of the Criminal Code of
18    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
19    the Cannabis Control Act, or a crime involving moral
20    turpitude under the laws of this State or any other state
21    which if committed in this State would be punishable as a
22    felony or a crime of moral turpitude. The Board may appoint
23    investigators who shall enforce the duties conferred upon
24    the Board by this Act.
25(Source: P.A. 99-352, eff. 1-1-16.)
 

 

 

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1    (50 ILCS 705/6.1)
2    Sec. 6.1. Decertification of full-time and part-time
3police officers.
4    (a) The Board must review police officer conduct and
5records to ensure that no police officer is certified or
6provided a valid waiver if that police officer has been
7convicted of, or entered a plea of guilty to, a felony offense
8under the laws of this State or any other state which if
9committed in this State would be punishable as a felony. The
10Board must also ensure that no police officer is certified or
11provided a valid waiver if that police officer has been
12convicted of, or entered a plea of guilty to, on or after the
13effective date of this amendatory Act of 1999 of any
14misdemeanor specified in this Section or if committed in any
15other state would be an offense similar to Section 11-1.50,
1611-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
1717-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
18Criminal Code of 1961 or the Criminal Code of 2012, to
19subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
20Criminal Code of 1961 or the Criminal Code of 2012, or
21subsection (a) of Section 17-32 of the Criminal Code of 1961 or
22the Criminal Code of 2012, or to Section 5 or 5.2 of the
23Cannabis Control Act. The Board must appoint investigators to
24enforce the duties conferred upon the Board by this Act.
25    (b) It is the responsibility of the sheriff or the chief
26executive officer of every local law enforcement agency or

 

 

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

 

 

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1Section or any continued law enforcement practice after
2receiving a conviction is a Class 4 felony.
3    (f) The Board's investigators are peace officers and have
4all the powers possessed by policemen in cities and by
5sheriff's, and these provided that the investigators may
6exercise those powers anywhere in the State, only after contact
7and cooperation with the appropriate local law enforcement
8authorities. An investigator shall not have peace officer
9status or exercise police powers unless he or she successfully
10completes the basic police training course mandated and
11approved by the Board or the Board waives the training
12requirement by reason of the investigator's prior law
13enforcement experience, training, or both. The Board shall not
14waive the training requirement unless the investigator has had
15a minimum of 5 years experience as a sworn officer of a local,
16State, or federal law enforcement agency.
17    (g) The Board must request and receive information and
18assistance from any federal, state, or local governmental
19agency as part of the authorized criminal background
20investigation. The Department of State Police must process,
21retain, and additionally provide and disseminate information
22to the Board concerning criminal charges, arrests,
23convictions, and their disposition, that have been filed
24before, on, or after the effective date of this amendatory Act
25of the 91st General Assembly against a basic academy applicant,
26law enforcement applicant, or law enforcement officer whose

 

 

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1fingerprint identification cards are on file or maintained by
2the Department of State Police. The Federal Bureau of
3Investigation must provide the Board any criminal history
4record information contained in its files pertaining to law
5enforcement officers or any applicant to a Board certified
6basic law enforcement academy as described in this Act based on
7fingerprint identification. The Board must make payment of fees
8to the Department of State Police for each fingerprint card
9submission in conformance with the requirements of paragraph 22
10of Section 55a of the Civil Administrative Code of Illinois.
11    (h) A police officer who has been certified or granted a
12valid waiver shall also be decertified or have his or her
13waiver revoked upon a determination by the Illinois Labor
14Relations Board State Panel that he or she, while under oath,
15has knowingly and willfully made false statements as to a
16material fact going to an element of the offense of murder. If
17an appeal is filed, the determination shall be stayed.
18        (1) In the case of an acquittal on a charge of murder,
19    a verified complaint may be filed:
20            (A) by the defendant; or
21            (B) by a police officer with personal knowledge of
22        perjured testimony.
23        The complaint must allege that a police officer, while
24    under oath, knowingly and willfully made false statements
25    as to a material fact going to an element of the offense of
26    murder. The verified complaint must be filed with the

 

 

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1    Executive Director of the Illinois Law Enforcement
2    Training Standards Board within 2 years of the judgment of
3    acquittal.
4        (2) Within 30 days, the Executive Director of the
5    Illinois Law Enforcement Training Standards Board shall
6    review the verified complaint and determine whether the
7    verified complaint is frivolous and without merit, or
8    whether further investigation is warranted. The Illinois
9    Law Enforcement Training Standards Board shall notify the
10    officer and the Executive Director of the Illinois Labor
11    Relations Board State Panel of the filing of the complaint
12    and any action taken thereon. If the Executive Director of
13    the Illinois Law Enforcement Training Standards Board
14    determines that the verified complaint is frivolous and
15    without merit, it shall be dismissed. The Executive
16    Director of the Illinois Law Enforcement Training
17    Standards Board has sole discretion to make this
18    determination and this decision is not subject to appeal.
19    (i) If the Executive Director of the Illinois Law
20Enforcement Training Standards Board determines that the
21verified complaint warrants further investigation, he or she
22shall refer the matter to a task force of investigators created
23for this purpose. This task force shall consist of 8 sworn
24police officers: 2 from the Illinois State Police, 2 from the
25City of Chicago Police Department, 2 from county police
26departments, and 2 from municipal police departments. These

 

 

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1investigators shall have a minimum of 5 years of experience in
2conducting criminal investigations. The investigators shall be
3appointed by the Executive Director of the Illinois Law
4Enforcement Training Standards Board. Any officer or officers
5acting in this capacity pursuant to this statutory provision
6will have statewide police authority while acting in this
7investigative capacity. Their salaries and expenses for the
8time spent conducting investigations under this paragraph
9shall be reimbursed by the Illinois Law Enforcement Training
10Standards Board.
11    (j) Once the Executive Director of the Illinois Law
12Enforcement Training Standards Board has determined that an
13investigation is warranted, the verified complaint shall be
14assigned to an investigator or investigators. The investigator
15or investigators shall conduct an investigation of the verified
16complaint and shall write a report of his or her findings. This
17report shall be submitted to the Executive Director of the
18Illinois Labor Relations Board State Panel.
19    Within 30 days, the Executive Director of the Illinois
20Labor Relations Board State Panel shall review the
21investigative report and determine whether sufficient evidence
22exists to conduct an evidentiary hearing on the verified
23complaint. If the Executive Director of the Illinois Labor
24Relations Board State Panel determines upon his or her review
25of the investigatory report that a hearing should not be
26conducted, the complaint shall be dismissed. This decision is

 

 

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1in the Executive Director's sole discretion, and this dismissal
2may not be appealed.
3    If the Executive Director of the Illinois Labor Relations
4Board State Panel determines that there is sufficient evidence
5to warrant a hearing, a hearing shall be ordered on the
6verified complaint, to be conducted by an administrative law
7judge employed by the Illinois Labor Relations Board State
8Panel. The Executive Director of the Illinois Labor Relations
9Board State Panel shall inform the Executive Director of the
10Illinois Law Enforcement Training Standards Board and the
11person who filed the complaint of either the dismissal of the
12complaint or the issuance of the complaint for hearing. The
13Executive Director shall assign the complaint to the
14administrative law judge within 30 days of the decision
15granting a hearing.
16    (k) In the case of a finding of guilt on the offense of
17murder, if a new trial is granted on direct appeal, or a state
18post-conviction evidentiary hearing is ordered, based on a
19claim that a police officer, under oath, knowingly and
20willfully made false statements as to a material fact going to
21an element of the offense of murder, the Illinois Labor
22Relations Board State Panel shall hold a hearing to determine
23whether the officer should be decertified if an interested
24party requests such a hearing within 2 years of the court's
25decision. The complaint shall be assigned to an administrative
26law judge within 30 days so that a hearing can be scheduled.

 

 

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

 

 

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1of receiving into evidence relevant testimony and documents,
2including court records, to support or disprove the allegations
3made by the person filing the verified complaint and, at the
4close of the case, hear arguments. If the administrative law
5judge finds that there is not clear and convincing evidence to
6support the verified complaint that the police officer has,
7while under oath, knowingly and willfully made false statements
8as to a material fact going to an element of the offense of
9murder, the administrative law judge shall make a written
10recommendation of dismissal to the Illinois Labor Relations
11Board State Panel. If the administrative law judge finds that
12there is clear and convincing evidence that the police officer
13has, while under oath, knowingly and willfully made false
14statements as to a material fact that goes to an element of the
15offense of murder, the administrative law judge shall make a
16written recommendation so concluding to the Illinois Labor
17Relations Board State Panel. The hearings shall be transcribed.
18The Executive Director of the Illinois Law Enforcement Training
19Standards Board shall be informed of the administrative law
20judge's recommended findings and decision and the Illinois
21Labor Relations Board State Panel's subsequent review of the
22recommendation.
23    (l) An officer named in any complaint filed pursuant to
24this Act shall be indemnified for his or her reasonable
25attorney's fees and costs by his or her employer. These fees
26shall be paid in a regular and timely manner. The State, upon

 

 

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

 

 

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1shall review the matter and make a finding to uphold, vacate,
2or modify the recommended decision and order. If the Illinois
3Labor Relations Board State Panel concludes that there is clear
4and convincing evidence that the accused officer, while under
5oath, knowingly and willfully made false statements as to a
6material fact going to an element of the offense murder, the
7Illinois Labor Relations Board State Panel shall inform the
8Illinois Law Enforcement Training Standards Board and the
9Illinois Law Enforcement Training Standards Board shall revoke
10the accused officer's certification. If the accused officer
11appeals that determination to the Appellate Court, as provided
12by this Act, he or she may petition the Appellate Court to stay
13the revocation of his or her certification pending the court's
14review of the matter.
15    (o) None of the Illinois Labor Relations Board State
16Panel's findings or determinations shall set any precedent in
17any of its decisions decided pursuant to the Illinois Public
18Labor Relations Act by the Illinois Labor Relations Board State
19Panel or the courts.
20    (p) A party aggrieved by the final order of the Illinois
21Labor Relations Board State Panel may apply for and obtain
22judicial review of an order of the Illinois Labor Relations
23Board State Panel, in accordance with the provisions of the
24Administrative Review Law, except that such judicial review
25shall be afforded directly in the Appellate Court for the
26district in which the accused officer resides. Any direct

 

 

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1appeal to the Appellate Court shall be filed within 35 days
2from the date that a copy of the decision sought to be reviewed
3was served upon the party affected by the decision.
4    (q) Interested parties. Only interested parties to the
5criminal prosecution in which the police officer allegedly,
6while under oath, knowingly and willfully made false statements
7as to a material fact going to an element of the offense of
8murder may file a verified complaint pursuant to this Section.
9For purposes of this Section, "interested parties" shall be
10limited to the defendant and any police officer who has
11personal knowledge that the police officer who is the subject
12of the complaint has, while under oath, knowingly and willfully
13made false statements as to a material fact going to an element
14of the offense of murder.
15    (r) Semi-annual reports. The Executive Director of the
16Illinois Labor Relations Board shall submit semi-annual
17reports to the Governor, President, and Minority Leader of the
18Senate, and to the Speaker and Minority Leader of the House of
19Representatives beginning on June 30, 2004, indicating:
20        (1) the number of verified complaints received since
21    the date of the last report;
22        (2) the number of investigations initiated since the
23    date of the last report;
24        (3) the number of investigations concluded since the
25    date of the last report;
26        (4) the number of investigations pending as of the

 

 

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1    reporting date;
2        (5) the number of hearings held since the date of the
3    last report; and
4        (6) the number of officers decertified since the date
5    of the last report.
6(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
7    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
8    Sec. 8.1. Full-time police and county corrections
9officers.
10    (a) After January 1, 1976, no person shall receive a
11permanent appointment as a law enforcement officer as defined
12in this Act nor shall any person receive, after the effective
13date of this amendatory Act of 1984, a permanent appointment as
14a county corrections officer unless that person has been
15awarded, within 6 six months of his or her initial full-time
16employment, a certificate attesting to his or her successful
17completion of the Minimum Standards Basic Law Enforcement and
18County Correctional Training Course as prescribed by the Board;
19or has been awarded a certificate attesting to his or her
20satisfactory completion of a training program of similar
21content and number of hours and which course has been found
22acceptable by the Board under the provisions of this Act; or by
23reason of extensive prior law enforcement or county corrections
24experience the basic training requirement is determined by the
25Board to be illogical and unreasonable.

 

 

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1    If such training is required and not completed within the
2applicable 6 six months, then the officer must forfeit his or
3her position, or the employing agency must obtain a waiver from
4the Board extending the period for compliance. Such waiver
5shall be issued only for good and justifiable reasons, and in
6no case shall extend more than 90 days beyond the initial 6 six
7months. Any hiring agency that fails to train a law enforcement
8officer within this period shall be prohibited from employing
9this individual in a law enforcement capacity for one year from
10the date training was to be completed. If an agency again fails
11to train the individual a second time, the agency shall be
12permanently barred from employing this individual in a law
13enforcement capacity.
14    (b) No provision of this Section shall be construed to mean
15that a law enforcement officer employed by a local governmental
16agency at the time of the effective date of this amendatory
17Act, either as a probationary police officer or as a permanent
18police officer, shall require certification under the
19provisions of this Section. No provision of this Section shall
20be construed to mean that a county corrections officer employed
21by a local governmental agency at the time of the effective
22date of this amendatory Act of 1984, either as a probationary
23county corrections or as a permanent county corrections
24officer, shall require certification under the provisions of
25this Section. No provision of this Section shall be construed
26to apply to certification of elected county sheriffs.

 

 

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1    (c) This Section does not apply to part-time police
2officers or probationary part-time police officers.
3(Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
 
4    (50 ILCS 705/10.2)
5    Sec. 10.2. Criminal background investigations.
6    (a) On and after the effective date of this amendatory Act
7of the 92nd General Assembly, an applicant for employment as a
8peace officer, or for annual certification as a retired law
9enforcement officer qualified under federal law to carry a
10concealed weapon, shall authorize an investigation to
11determine if the applicant has been convicted of, or entered a
12plea of guilty to, any criminal offense that disqualifies the
13person as a peace officer.
14    (b) No law enforcement agency may knowingly employ a
15person, or certify a retired law enforcement officer qualified
16under federal law to carry a concealed weapon, unless (i) a
17criminal background investigation of that person has been
18completed and (ii) that investigation reveals no convictions or
19pleas of guilty of offenses specified in subsection (a) of
20Section 6.1 of this Act.
21(Source: P.A. 94-103, eff. 7-1-05.)