Illinois General Assembly - Full Text of HB2591
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Full Text of HB2591  101st General Assembly

HB2591ham001 101ST GENERAL ASSEMBLY

Rep. John M. Cabello

Filed: 4/3/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2591

2    AMENDMENT NO. ______. Amend House Bill 2591 by replacing
3everything after the enacting clause with the following:
 
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:

 

 

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1        a. To require local governmental units to furnish such
2    reports and information as the Board deems necessary to
3    fully implement this Act.
4        b. To establish appropriate mandatory minimum
5    standards relating to the training of probationary local
6    law enforcement officers or probationary county
7    corrections officers, and in-service training of permanent
8    police officers.
9        c. To provide appropriate certification to those
10    probationary officers who successfully complete the
11    prescribed minimum standard basic training course.
12        d. To review and approve annual training curriculum for
13    county sheriffs.
14        e. To review and approve applicants to ensure that no
15    applicant is admitted to a certified academy unless the
16    applicant is a person of good character and has not been
17    convicted of, or entered a plea of guilty to, a felony
18    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
19    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
20    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
21    Criminal Code of 1961 or the Criminal Code of 2012,
22    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
23    Criminal Code of 1961 or the Criminal Code of 2012, or
24    subsection (a) of Section 17-32 of the Criminal Code of
25    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
26    the Cannabis Control Act, or a crime involving moral

 

 

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1    turpitude under the laws of this State or any other state
2    which if committed in this State would be punishable as a
3    felony or a crime of moral turpitude. The Board may appoint
4    investigators who shall enforce the duties conferred upon
5    the Board by this Act.
6(Source: P.A. 99-352, eff. 1-1-16.)
 
7    (50 ILCS 705/6.1)
8    Sec. 6.1. Decertification of full-time and part-time
9police officers.
10    (a) The Board must review police officer conduct and
11records to ensure that no police officer is certified or
12provided a valid waiver if that police officer has been
13convicted of, or entered a plea of guilty to, a felony offense
14under the laws of this State or any other state which if
15committed in this State would be punishable as a felony. The
16Board must also ensure that no police officer is certified or
17provided a valid waiver if that police officer has been
18convicted of, or entered a plea of guilty to, on or after the
19effective date of this amendatory Act of 1999 of any
20misdemeanor specified in this Section or if committed in any
21other state would be an offense similar to Section 11-1.50,
2211-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
2317-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
24Criminal Code of 1961 or the Criminal Code of 2012, to
25subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012, or
2subsection (a) of Section 17-32 of the Criminal Code of 1961 or
3the Criminal Code of 2012, or to Section 5 or 5.2 of the
4Cannabis Control Act. The Board must appoint investigators to
5enforce the duties conferred upon the Board by this Act.
6    (b) It is the responsibility of the sheriff or the chief
7executive officer of every local law enforcement agency or
8department within this State to report to the Board any arrest,
9or conviction, or plea of guilty of any officer for an offense
10identified in this Section.
11    (c) It is the duty and responsibility of every full-time
12and part-time police officer in this State to report to the
13Board within 30 days, and the officer's sheriff or chief
14executive officer, of his or her arrest, or conviction, or plea
15of guilty for an offense identified in this Section. Any
16full-time or part-time police officer who knowingly makes,
17submits, causes to be submitted, or files a false or untruthful
18report to the Board must have his or her certificate or waiver
19immediately decertified or revoked.
20    (d) Any person, or a local or State agency, or the Board is
21immune from liability for submitting, disclosing, or releasing
22information of arrests, or convictions, or pleas of guilty in
23this Section as long as the information is submitted,
24disclosed, or released in good faith and without malice. The
25Board has qualified immunity for the release of the
26information.

 

 

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1    (e) Any full-time or part-time police officer with a
2certificate or waiver issued by the Board who is convicted of,
3or entered a plea of guilty to, any offense described in this
4Section immediately becomes decertified or no longer has a
5valid waiver. The decertification and invalidity of waivers
6occurs as a matter of law. Failure of a convicted person to
7report to the Board his or her conviction as described in this
8Section or any continued law enforcement practice after
9receiving a conviction is a Class 4 felony.
10    (f) The Board's investigators are peace officers and have
11all the powers possessed by policemen in cities and by
12sheriff's, and these provided that the investigators may
13exercise those powers anywhere in the State, only after contact
14and cooperation with the appropriate local law enforcement
15authorities. An investigator shall not have peace officer
16status or exercise police powers unless he or she successfully
17completes the basic police training course mandated and
18approved by the Board or the Board waives the training
19requirement by reason of the investigator's prior law
20enforcement experience, training, or both. The Board shall not
21waive the training requirement unless the investigator has had
22a minimum of 5 years experience as a sworn officer of a local,
23State, or federal law enforcement agency.
24    (g) The Board must request and receive information and
25assistance from any federal, state, or local governmental
26agency as part of the authorized criminal background

 

 

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1investigation. The Department of State Police must process,
2retain, and additionally provide and disseminate information
3to the Board concerning criminal charges, arrests,
4convictions, and their disposition, that have been filed
5before, on, or after the effective date of this amendatory Act
6of the 91st General Assembly against a basic academy applicant,
7law enforcement applicant, or law enforcement officer whose
8fingerprint identification cards are on file or maintained by
9the Department of State Police. The Federal Bureau of
10Investigation must provide the Board any criminal history
11record information contained in its files pertaining to law
12enforcement officers or any applicant to a Board certified
13basic law enforcement academy as described in this Act based on
14fingerprint identification. The Board must make payment of fees
15to the Department of State Police for each fingerprint card
16submission in conformance with the requirements of paragraph 22
17of Section 55a of the Civil Administrative Code of Illinois.
18    (h) A police officer who has been certified or granted a
19valid waiver shall also be decertified or have his or her
20waiver revoked upon a determination by the Illinois Labor
21Relations Board State Panel that he or she, while under oath,
22has knowingly and willfully made false statements as to a
23material fact going to an element of the offense of murder. If
24an appeal is filed, the determination shall be stayed.
25        (1) In the case of an acquittal on a charge of murder,
26    a verified complaint may be filed:

 

 

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1            (A) by the defendant; or
2            (B) by a police officer with personal knowledge of
3        perjured testimony.
4        The complaint must allege that a police officer, while
5    under oath, knowingly and willfully made false statements
6    as to a material fact going to an element of the offense of
7    murder. The verified complaint must be filed with the
8    Executive Director of the Illinois Law Enforcement
9    Training Standards Board within 2 years of the judgment of
10    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

 

 

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1Enforcement Training Standards Board determines that the
2verified complaint warrants further investigation, he or she
3shall refer the matter to a task force of investigators created
4for this purpose. This task force shall consist of 8 sworn
5police officers: 2 from the Illinois State Police, 2 from the
6City of Chicago Police Department, 2 from county police
7departments, and 2 from municipal police departments. These
8investigators shall have a minimum of 5 years of experience in
9conducting criminal investigations. The investigators shall be
10appointed by the Executive Director of the Illinois Law
11Enforcement Training Standards Board. Any officer or officers
12acting in this capacity pursuant to this statutory provision
13will have statewide police authority while acting in this
14investigative capacity. Their salaries and expenses for the
15time spent conducting investigations under this paragraph
16shall be reimbursed by the Illinois Law Enforcement Training
17Standards Board.
18    (j) Once the Executive Director of the Illinois Law
19Enforcement Training Standards Board has determined that an
20investigation is warranted, the verified complaint shall be
21assigned to an investigator or investigators. The investigator
22or investigators shall conduct an investigation of the verified
23complaint and shall write a report of his or her findings. This
24report shall be submitted to the Executive Director of the
25Illinois Labor Relations Board State Panel.
26    Within 30 days, the Executive Director of the Illinois

 

 

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1Labor Relations Board State Panel shall review the
2investigative report and determine whether sufficient evidence
3exists to conduct an evidentiary hearing on the verified
4complaint. If the Executive Director of the Illinois Labor
5Relations Board State Panel determines upon his or her review
6of the investigatory report that a hearing should not be
7conducted, the complaint shall be dismissed. This decision is
8in the Executive Director's sole discretion, and this dismissal
9may not be appealed.
10    If the Executive Director of the Illinois Labor Relations
11Board State Panel determines that there is sufficient evidence
12to warrant a hearing, a hearing shall be ordered on the
13verified complaint, to be conducted by an administrative law
14judge employed by the Illinois Labor Relations Board State
15Panel. The Executive Director of the Illinois Labor Relations
16Board State Panel shall inform the Executive Director of the
17Illinois Law Enforcement Training Standards Board and the
18person who filed the complaint of either the dismissal of the
19complaint or the issuance of the complaint for hearing. The
20Executive Director shall assign the complaint to the
21administrative law judge within 30 days of the decision
22granting a hearing.
23    (k) In the case of a finding of guilt on the offense of
24murder, if a new trial is granted on direct appeal, or a state
25post-conviction evidentiary hearing is ordered, based on a
26claim that a police officer, under oath, knowingly and

 

 

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1willfully made false statements as to a material fact going to
2an element of the offense of murder, the Illinois Labor
3Relations Board State Panel shall hold a hearing to determine
4whether the officer should be decertified if an interested
5party requests such a hearing within 2 years of the court's
6decision. The complaint shall be assigned to an administrative
7law judge within 30 days so that a hearing can be scheduled.
8    At the hearing, the accused officer shall be afforded the
9opportunity to:
10        (1) Be represented by counsel of his or her own
11    choosing;
12        (2) Be heard in his or her own defense;
13        (3) Produce evidence in his or her defense;
14        (4) Request that the Illinois Labor Relations Board
15    State Panel compel the attendance of witnesses and
16    production of related documents including but not limited
17    to court documents and records.
18    Once a case has been set for hearing, the verified
19complaint shall be referred to the Department of Professional
20Regulation. That office shall prosecute the verified complaint
21at the hearing before the administrative law judge. The
22Department of Professional Regulation shall have the
23opportunity to produce evidence to support the verified
24complaint and to request the Illinois Labor Relations Board
25State Panel to compel the attendance of witnesses and the
26production of related documents, including, but not limited to,

 

 

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1court documents and records. The Illinois Labor Relations Board
2State Panel shall have the power to issue subpoenas requiring
3the attendance of and testimony of witnesses and the production
4of related documents including, but not limited to, court
5documents and records and shall have the power to administer
6oaths.
7    The administrative law judge shall have the responsibility
8of receiving into evidence relevant testimony and documents,
9including court records, to support or disprove the allegations
10made by the person filing the verified complaint and, at the
11close of the case, hear arguments. If the administrative law
12judge finds that there is not clear and convincing evidence to
13support the verified complaint that the police officer has,
14while under oath, knowingly and willfully made false statements
15as to a material fact going to an element of the offense of
16murder, the administrative law judge shall make a written
17recommendation of dismissal to the Illinois Labor Relations
18Board State Panel. If the administrative law judge finds that
19there is clear and convincing evidence that the police officer
20has, while under oath, knowingly and willfully made false
21statements as to a material fact that goes to an element of the
22offense of murder, the administrative law judge shall make a
23written recommendation so concluding to the Illinois Labor
24Relations Board State Panel. The hearings shall be transcribed.
25The Executive Director of the Illinois Law Enforcement Training
26Standards Board shall be informed of the administrative law

 

 

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

 

 

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1decision and order, the parties may file exceptions to the
2recommended decision and order and briefs in support of their
3exceptions with the Illinois Labor Relations Board State Panel.
4The parties may file responses to the exceptions and briefs in
5support of the responses no later than 15 days after the
6service of the exceptions. If exceptions are filed by any of
7the parties, the Illinois Labor Relations Board State Panel
8shall review the matter and make a finding to uphold, vacate,
9or modify the recommended decision and order. If the Illinois
10Labor Relations Board State Panel concludes that there is clear
11and convincing evidence that the accused officer, while under
12oath, knowingly and willfully made false statements as to a
13material fact going to an element of the offense murder, the
14Illinois Labor Relations Board State Panel shall inform the
15Illinois Law Enforcement Training Standards Board and the
16Illinois Law Enforcement Training Standards Board shall revoke
17the accused officer's certification. If the accused officer
18appeals that determination to the Appellate Court, as provided
19by this Act, he or she may petition the Appellate Court to stay
20the revocation of his or her certification pending the court's
21review of the matter.
22    (o) None of the Illinois Labor Relations Board State
23Panel's findings or determinations shall set any precedent in
24any of its decisions decided pursuant to the Illinois Public
25Labor Relations Act by the Illinois Labor Relations Board State
26Panel or the courts.

 

 

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1    (p) A party aggrieved by the final order of the Illinois
2Labor Relations Board State Panel may apply for and obtain
3judicial review of an order of the Illinois Labor Relations
4Board State Panel, in accordance with the provisions of the
5Administrative Review Law, except that such judicial review
6shall be afforded directly in the Appellate Court for the
7district in which the accused officer resides. Any direct
8appeal to the Appellate Court shall be filed within 35 days
9from the date that a copy of the decision sought to be reviewed
10was served upon the party affected by the decision.
11    (q) Interested parties. Only interested parties to the
12criminal prosecution in which the police officer allegedly,
13while under oath, knowingly and willfully made false statements
14as to a material fact going to an element of the offense of
15murder may file a verified complaint pursuant to this Section.
16For purposes of this Section, "interested parties" shall be
17limited to the defendant and any police officer who has
18personal knowledge that the police officer who is the subject
19of the complaint has, while under oath, knowingly and willfully
20made false statements as to a material fact going to an element
21of the offense of murder.
22    (r) Semi-annual reports. The Executive Director of the
23Illinois Labor Relations Board shall submit semi-annual
24reports to the Governor, President, and Minority Leader of the
25Senate, and to the Speaker and Minority Leader of the House of
26Representatives beginning on June 30, 2004, indicating:

 

 

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

 

 

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

 

 

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1be construed to mean that a county corrections officer employed
2by a local governmental agency at the time of the effective
3date of this amendatory Act of 1984, either as a probationary
4county corrections or as a permanent county corrections
5officer, shall require certification under the provisions of
6this Section. No provision of this Section shall be construed
7to apply to certification of elected county sheriffs.
8    (c) This Section does not apply to part-time police
9officers or probationary part-time police officers.
10(Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
 
11    (50 ILCS 705/10.2)
12    Sec. 10.2. Criminal background investigations.
13    (a) On and after the effective date of this amendatory Act
14of the 92nd General Assembly, an applicant for employment as a
15peace officer, or for annual certification as a retired law
16enforcement officer qualified under federal law to carry a
17concealed weapon, shall authorize an investigation to
18determine if the applicant has been convicted of, or entered a
19plea of guilty to, any criminal offense that disqualifies the
20person as a peace officer.
21    (b) No law enforcement agency may knowingly employ a
22person, or certify a retired law enforcement officer qualified
23under federal law to carry a concealed weapon, unless (i) a
24criminal background investigation of that person has been
25completed and (ii) that investigation reveals no convictions or

 

 

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1pleas of guilty of offenses specified in subsection (a) of
2Section 6.1 of this Act.
3(Source: P.A. 94-103, eff. 7-1-05.)".