Illinois General Assembly - Full Text of SB1754
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Full Text of SB1754  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Christopher Belt


5 ILCS 100/5-45.35 new
50 ILCS 705/8.1  from Ch. 85, par. 508.1

    Amends the Illinois Police Training Act. Provides that a training waiver from the Minimum Standards Basic Law Enforcement or County Correctional Training Course due to extensive prior law enforcement or county corrections experience shall be given whether or not the experience was obtained by employment by this State or any local governmental agency. Provides that, within 60 days after the effective date of the amendatory Act, the Illinois Law Enforcement Training Standards Board shall adopt uniform rules providing for a training waiver process for a person previously employed and qualified as a law enforcement or county corrections officer under federal law or the laws of any other state. Requires the rules to provide that any person previously employed or qualified as a law enforcement or county corrections officer under federal law or the laws of any other state shall successfully complete the following prior to the approval of a waiver: (1) a training program approved by the Board on the laws of this State relevant to the duties of law enforcement and county correctional officers; and (2) firearms training. Amends the Illinois Administrative Procedure Act. Grants the Illinois Law Enforcement Training Standards Board emergency rulemaking authority to implement the provisions of the amendatory Act.

LRB103 25495 AWJ 51844 b





SB1754LRB103 25495 AWJ 51844 b

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 Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; Illinois Law
8Enforcement Training Standards Board. To provide for the
9expeditious and timely implementation of the changes made in
10Section 8.1 of the Illinois Police Training Act, emergency
11rules implementing the waiver process under Section 8.1 of the
12Illinois Police Training Act may be adopted in accordance with
13Section 5-45 by the Illinois Law Enforcement Training
14Standards Board. The adoption of emergency rules authorized by
15Section 5-45 and this Section is deemed to be necessary for the
16public interest, safety, and welfare.
17    This Section is repealed one year after the effective date
18of this amendatory Act of the 103rd General Assembly.
19    Section 10. The Illinois Police Training Act is amended by
20changing Section 8.1 as follows:
21    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)



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1    Sec. 8.1. Full-time law enforcement and county corrections
3    (a) No person shall receive a permanent appointment as a
4law enforcement officer or a permanent appointment as a county
5corrections officer unless that person has been awarded,
6within 6 months of the officer's initial full-time employment,
7a certificate attesting to the officer's successful completion
8of the Minimum Standards Basic Law Enforcement or County
9Correctional Training Course as prescribed by the Board; or
10has been awarded a certificate attesting to the officer's
11satisfactory completion of a training program of similar
12content and number of hours and which course has been found
13acceptable by the Board under the provisions of this Act; or a
14training waiver by reason of extensive prior law enforcement
15or county corrections experience, whether or not the
16experience was obtained by employment by this State or any
17local governmental agency, the basic training requirement is
18determined by the Board to be illogical and unreasonable.
19Within 60 days after the effective date of this amendatory Act
20of the 103rd General Assembly, the Board shall adopt uniform
21rules providing for a waiver process for a person previously
22employed and qualified as a law enforcement or county
23corrections officer under federal law or the laws of any other
24state. The rules shall provide that any person previously
25employed or qualified as a law enforcement or county
26corrections officer under federal law or the laws of any other



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1state shall successfully complete the following prior to the
2approval of a waiver:
3        (1) a training program approved by the Board on the
4    laws of this State relevant to the duties of law
5    enforcement and county correctional officers; and
6        (2) firearms training.
7    If such training is required and not completed within the
8applicable 6 months, then the officer must forfeit the
9officer's position, or the employing agency must obtain a
10waiver from the Board extending the period for compliance.
11Such waiver shall be issued only for good and justifiable
12reasons, and in no case shall extend more than 90 days beyond
13the initial 6 months. Any hiring agency that fails to train a
14law enforcement officer within this period shall be prohibited
15from employing this individual in a law enforcement capacity
16for one year from the date training was to be completed. If an
17agency again fails to train the individual a second time, the
18agency shall be permanently barred from employing this
19individual in a law enforcement capacity.
20    An individual who is not certified by the Board or whose
21certified status is inactive shall not function as a law
22enforcement officer, be assigned the duties of a law
23enforcement officer by an employing agency, or be authorized
24to carry firearms under the authority of the employer, except
25as otherwise authorized to carry a firearm under State or
26federal law. Sheriffs who are elected as of January 1, 2022



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1(the effective date of Public Act 101-652) this amendatory Act
2of the 101st General Assembly, are exempt from the requirement
3of certified status. Failure to be certified in accordance
4with this Act shall cause the officer to forfeit the officer's
6    An employing agency may not grant a person status as a law
7enforcement officer unless the person has been granted an
8active law enforcement officer certification by the Board.
9    (b) Inactive status. A person who has an inactive law
10enforcement officer certification has no law enforcement
12        (1) A law enforcement officer's certification becomes
13    inactive upon termination, resignation, retirement, or
14    separation from the officer's employing law enforcement
15    agency for any reason. The Board shall re-activate a
16    certification upon written application from the law
17    enforcement officer's law enforcement agency that shows
18    the law enforcement officer: (i) has accepted a full-time
19    law enforcement position with that law enforcement agency,
20    (ii) is not the subject of a decertification proceeding,
21    and (iii) meets all other criteria for re-activation
22    required by the Board. The Board may also establish
23    special training requirements to be completed as a
24    condition for re-activation.
25        The Board shall review a notice for reactivation from
26    a law enforcement agency and provide a response within 30



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1    days. The Board may extend this review. A law enforcement
2    officer shall be allowed to be employed as a full-time law
3    enforcement officer while the law enforcement officer
4    reactivation waiver is under review.
5        A law enforcement officer who is refused reactivation
6    or an employing agency of a law enforcement officer who is
7    refused reactivation under this Section may request a
8    hearing in accordance with the hearing procedures as
9    outlined in subsection (h) of Section 6.3 of this Act.
10        The Board may refuse to re-activate the certification
11    of a law enforcement officer who was involuntarily
12    terminated for good cause by an employing agency for
13    conduct subject to decertification under this Act or
14    resigned or retired after receiving notice of a law
15    enforcement agency's investigation.
16        (2) A law enforcement agency may place an officer who
17    is currently certified on inactive status by sending a
18    written request to the Board. A law enforcement officer
19    whose certificate has been placed on inactive status shall
20    not function as a law enforcement officer until the
21    officer has completed any requirements for reactivating
22    the certificate as required by the Board. A request for
23    inactive status in this subsection shall be in writing,
24    accompanied by verifying documentation, and shall be
25    submitted to the Board with a copy to the chief
26    administrator of the law enforcement officer's current or



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1    new employing agency.
2        (3) Certification that has become inactive under
3    paragraph (2) of this subsection (b), shall be reactivated
4    by written notice from the law enforcement officer's
5    agency upon a showing that the law enforcement officer is:
6    (i) is employed in a full-time law enforcement position
7    with the same law enforcement agency, (ii) is not the
8    subject of a decertification proceeding, and (iii) meets
9    all other criteria for re-activation required by the
10    Board.
11        (4) Notwithstanding paragraph (3) of this subsection
12    (b), a law enforcement officer whose certification has
13    become inactive under paragraph (2) may have the officer's
14    employing agency submit a request for a waiver of training
15    requirements to the Board in writing and accompanied by
16    any verifying documentation.. A grant of a waiver is
17    within the discretion of the Board. Within 7 days of
18    receiving a request for a waiver under this Section
19    section, the Board shall notify the law enforcement
20    officer and the chief administrator of the law enforcement
21    officer's employing agency, whether the request has been
22    granted, denied, or if the Board will take additional time
23    for information. A law enforcement agency, whose request
24    for a waiver under this subsection is denied, is entitled
25    to request a review of the denial by the Board. The law
26    enforcement agency must request a review within 20 days of



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1    the waiver being denied. The burden of proof shall be on
2    the law enforcement agency to show why the law enforcement
3    officer is entitled to a waiver of the legislatively
4    required training and eligibility requirements.
5    (c) No provision of this Section shall be construed to
6mean that a county corrections officer employed by a
7governmental agency at the time of the effective date of this
8amendatory Act, either as a probationary county corrections
9officer or as a permanent county corrections officer, shall
10require certification under the provisions of this Section. No
11provision of this Section shall be construed to apply to
12certification of elected county sheriffs.
13    (d) Within 14 days, a law enforcement officer shall report
14to the Board: (1) any name change; (2) any change in
15employment; or (3) the filing of any criminal indictment or
16charges against the officer alleging that the officer
17committed any offense as enumerated in Section 6.1 of this
19    (e) All law enforcement officers must report the
20completion of the training requirements required in this Act
21in compliance with Section 8.4 of this Act.
22    (e-1) Each employing law enforcement agency shall allow
23and provide an opportunity for a law enforcement officer to
24complete the mandated requirements in this Act. All mandated
25training shall will be provided for at no cost to the
26employees. Employees shall be paid for all time spent



SB1754- 8 -LRB103 25495 AWJ 51844 b

1attending mandated training.
2    (e-2) Each agency, academy, or training provider shall
3maintain proof of a law enforcement officer's completion of
4legislatively required training in a format designated by the
5Board. The report of training shall be submitted to the Board
6within 30 days following completion of the training. A copy of
7the report shall be submitted to the law enforcement officer.
8Upon receipt of a properly completed report of training, the
9Board will make the appropriate entry into the training
10records of the law enforcement officer.
11    (f) This Section does not apply to part-time law
12enforcement officers or probationary part-time law enforcement
14    (g) Notwithstanding any provision of law to the contrary,
15the changes made to this Section by this amendatory Act of the
16102nd General Assembly, Public Act 101-652, and Public Act
17102-28, and Public Act 102-694 take effect July 1, 2022.
18(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
19102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)