SB1754enr 103RD 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 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
10Sections 8.1 and 8.2 of the Illinois Police Training Act,
11emergency rules implementing the waiver process under Sections
128.1 and 8.2 of the Illinois Police Training Act may be adopted
13in accordance with Section 5-45 by the Illinois Law
14Enforcement Training Standards Board. The adoption of
15emergency rules authorized by Section 5-45 and this Section is
16deemed to be necessary for the public interest, safety, and
17welfare.
18    This Section is repealed one year after the effective date
19of this amendatory Act of the 103rd General Assembly.
 
20    Section 10. The Illinois Police Training Act is amended by
21changing Sections 8.1 and 8.2 as follows:
 

 

 

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1    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
2    Sec. 8.1. Full-time law enforcement and county corrections
3officers.
4    (a) No person shall receive a permanent appointment as a
5law enforcement officer or a permanent appointment as a county
6corrections officer unless that person has been awarded,
7within 6 months of the officer's initial full-time employment,
8a certificate attesting to the officer's successful completion
9of the Minimum Standards Basic Law Enforcement or County
10Correctional Training Course as prescribed by the Board; or
11has been awarded a certificate attesting to the officer's
12satisfactory completion of a training program of similar
13content and number of hours and which course has been found
14acceptable by the Board under the provisions of this Act; or a
15training waiver by reason of extensive prior law enforcement
16or county corrections experience, obtained in Illinois, in any
17other state, or with an agency of the federal government, the
18basic training requirement is determined by the Board to be
19illogical and unreasonable. Agencies seeking a reciprocity
20waiver for training completed outside of Illinois must conduct
21a thorough background check and provide verification of the
22officer's prior training. After review and satisfaction of all
23requested conditions, the officer shall be awarded an
24equivalency certificate satisfying the requirements of this
25Section. Within 60 days after the effective date of this
26amendatory Act of the 103rd General Assembly, the Board shall

 

 

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1adopt uniform rules providing for a waiver process for a
2person previously employed and qualified as a law enforcement
3or county corrections officer under federal law or the laws of
4any other state, or who has completed a basic law enforcement
5officer or correctional officer academy who would be qualified
6to be employed as a law enforcement officer or correctional
7officer by the federal government or any other state. These
8rules shall address the process for evaluating prior training
9credit, a description and list of the courses typically
10required for reciprocity candidates to complete prior to
11taking the exam, and a procedure for employers seeking a
12pre-activation determination for a reciprocity training
13waiver. The rules shall provide that any eligible person
14previously trained as a law enforcement or county corrections
15officer under federal law or the laws of any other state shall
16successfully complete the following prior to the approval of a
17waiver:
18        (1) a training program or set of coursework approved
19    by the Board on the laws of this State relevant to the
20    duties and training requirements of law enforcement and
21    county correctional officers;
22        (2) firearms training; and
23        (3) successful passage of the equivalency
24    certification examination.
25    If such training is required and not completed within the
26applicable 6 months, then the officer must forfeit the

 

 

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1officer's position, or the employing agency must obtain a
2waiver from the Board extending the period for compliance.
3Such waiver shall be issued only for good and justifiable
4reasons, and in no case shall extend more than 90 days beyond
5the initial 6 months. Any hiring agency that fails to train a
6law enforcement officer within this period shall be prohibited
7from employing this individual in a law enforcement capacity
8for one year from the date training was to be completed. If an
9agency again fails to train the individual a second time, the
10agency shall be permanently barred from employing this
11individual in a law enforcement capacity.
12    An individual who is not certified by the Board or whose
13certified status is inactive shall not function as a law
14enforcement officer, be assigned the duties of a law
15enforcement officer by an employing agency, or be authorized
16to carry firearms under the authority of the employer, except
17as otherwise authorized to carry a firearm under State or
18federal law. Sheriffs who are elected as of January 1, 2022
19(the effective date of Public Act 101-652) this amendatory Act
20of the 101st General Assembly, are exempt from the requirement
21of certified status. Failure to be certified in accordance
22with this Act shall cause the officer to forfeit the officer's
23position.
24    An employing agency may not grant a person status as a law
25enforcement officer unless the person has been granted an
26active law enforcement officer certification by the Board.

 

 

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1    (b) Inactive status. A person who has an inactive law
2enforcement officer certification has no law enforcement
3authority.
4        (1) A law enforcement officer's certification becomes
5    inactive upon termination, resignation, retirement, or
6    separation from the officer's employing law enforcement
7    agency for any reason. The Board shall re-activate a
8    certification upon written application from the law
9    enforcement officer's law enforcement agency that shows
10    the law enforcement officer: (i) has accepted a full-time
11    law enforcement position with that law enforcement agency,
12    (ii) is not the subject of a decertification proceeding,
13    and (iii) meets all other criteria for re-activation
14    required by the Board. The Board may also establish
15    special training requirements to be completed as a
16    condition for re-activation.
17        The Board shall review a notice for reactivation from
18    a law enforcement agency and provide a response within 30
19    days. The Board may extend this review. A law enforcement
20    officer shall be allowed to be employed as a full-time law
21    enforcement officer while the law enforcement officer
22    reactivation waiver is under review.
23        A law enforcement officer who is refused reactivation
24    or an employing agency of a law enforcement officer who is
25    refused reactivation under this Section may request a
26    hearing in accordance with the hearing procedures as

 

 

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

 

 

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1    all other criteria for re-activation required by the
2    Board.
3        (4) Notwithstanding paragraph (3) of this subsection
4    (b), a law enforcement officer whose certification has
5    become inactive under paragraph (2) may have the officer's
6    employing agency submit a request for a waiver of training
7    requirements to the Board in writing and accompanied by
8    any verifying documentation.. A grant of a waiver is
9    within the discretion of the Board. Within 7 days of
10    receiving a request for a waiver under this Section
11    section, the Board shall notify the law enforcement
12    officer and the chief administrator of the law enforcement
13    officer's employing agency, whether the request has been
14    granted, denied, or if the Board will take additional time
15    for information. A law enforcement agency, whose request
16    for a waiver under this subsection is denied, is entitled
17    to request a review of the denial by the Board. The law
18    enforcement agency must request a review within 20 days of
19    the waiver being denied. The burden of proof shall be on
20    the law enforcement agency to show why the law enforcement
21    officer is entitled to a waiver of the legislatively
22    required training and eligibility requirements.
23    (c) No provision of this Section shall be construed to
24mean that a county corrections officer employed by a
25governmental agency at the time of the effective date of this
26amendatory Act, either as a probationary county corrections

 

 

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1officer or as a permanent county corrections officer, shall
2require certification under the provisions of this Section. No
3provision of this Section shall be construed to apply to
4certification of elected county sheriffs.
5    (d) Within 14 days, a law enforcement officer shall report
6to the Board: (1) any name change; (2) any change in
7employment; or (3) the filing of any criminal indictment or
8charges against the officer alleging that the officer
9committed any offense as enumerated in Section 6.1 of this
10Act.
11    (e) All law enforcement officers must report the
12completion of the training requirements required in this Act
13in compliance with Section 8.4 of this Act.
14    (e-1) Each employing law enforcement agency shall allow
15and provide an opportunity for a law enforcement officer to
16complete the mandated requirements in this Act. All mandated
17training shall will be provided for at no cost to the
18employees. Employees shall be paid for all time spent
19attending mandated training.
20    (e-2) Each agency, academy, or training provider shall
21maintain proof of a law enforcement officer's completion of
22legislatively required training in a format designated by the
23Board. The report of training shall be submitted to the Board
24within 30 days following completion of the training. A copy of
25the report shall be submitted to the law enforcement officer.
26Upon receipt of a properly completed report of training, the

 

 

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1Board will make the appropriate entry into the training
2records of the law enforcement officer.
3    (f) This Section does not apply to part-time law
4enforcement officers or probationary part-time law enforcement
5officers.
6    (g) Notwithstanding any provision of law to the contrary,
7the changes made to this Section by this amendatory Act of the
8102nd General Assembly, Public Act 101-652, and Public Act
9102-28, and Public Act 102-694 take effect July 1, 2022.
10(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
11102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
 
12    (50 ILCS 705/8.2)
13    Sec. 8.2. Part-time law enforcement officers.
14    (a) A person hired to serve as a part-time law enforcement
15officer must obtain from the Board a certificate (i) attesting
16to the officer's successful completion of the part-time police
17training course; (ii) attesting to the officer's satisfactory
18completion of a training program of similar content and number
19of hours that has been found acceptable by the Board under the
20provisions of this Act; or (iii) a training waiver attesting
21to the Board's determination that the part-time police
22training course is unnecessary because of the person's
23extensive prior law enforcement experience obtained in
24Illinois, in any other state, or with an agency of the federal
25government. A person hired on or after the effective date of

 

 

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1this amendatory Act of the 92nd General Assembly must obtain
2this certificate within 18 months after the initial date of
3hire as a probationary part-time law enforcement officer in
4the State of Illinois. The probationary part-time law
5enforcement officer must be enrolled and accepted into a
6Board-approved course within 6 months after active employment
7by any department in the State. A person hired on or after
8January 1, 1996 and before the effective date of this
9amendatory Act of the 92nd General Assembly must obtain this
10certificate within 18 months after the date of hire. A person
11hired before January 1, 1996 must obtain this certificate
12within 24 months after the effective date of this amendatory
13Act of 1995. Agencies seeking a reciprocity waiver for
14training completed outside of Illinois must conduct a thorough
15background check and provide verification of the officer's
16prior training. After review and satisfaction of all requested
17conditions, the officer shall be awarded an equivalency
18certificate satisfying the requirements of this Section.
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, or who has completed a basic law enforcement officer or
25correctional officer academy who would be qualified to be
26employed as a law enforcement officer or correctional officer

 

 

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1by the federal government or any other state. These rules
2shall address the process for evaluating prior training
3credit, a description and list of the courses typically
4required for reciprocity candidates to complete prior to
5taking the exam, and a procedure for employers seeking a
6pre-activation determination for a reciprocity training
7waiver. The rules shall provide that any eligible person
8previously trained as a law enforcement or county corrections
9officer under federal law or the laws of any other state shall
10successfully complete the following prior to the approval of a
11waiver:
12        (1) a training program or set of coursework approved
13    by the Board on the laws of this State relevant to the
14    duties and training requirements of law enforcement and
15    county correctional officers;
16        (2) firearms training; and
17        (3) successful passage of the equivalency
18    certification examination.
19    The employing agency may seek an extension waiver from the
20Board extending the period for compliance. An extension waiver
21shall be issued only for good and justifiable reasons, and the
22probationary part-time law enforcement officer may not
23practice as a part-time law enforcement officer during the
24extension waiver period. If training is required and not
25completed within the applicable time period, as extended by
26any waiver that may be granted, then the officer must forfeit

 

 

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1the officer's position.
2    An individual who is not certified by the Board or whose
3certified status is inactive shall not function as a law
4enforcement officer, be assigned the duties of a law
5enforcement officer by an agency, or be authorized to carry
6firearms under the authority of the employer, except that
7sheriffs who are elected are exempt from the requirement of
8certified status. Failure to be in accordance with this Act
9shall cause the officer to forfeit the officer's position.
10    (a-5) A part-time probationary law enforcement officer
11shall be allowed to complete six months of a part-time police
12training course and function as a law enforcement officer as
13permitted by this subsection with a waiver from the Board,
14provided the part-time law enforcement officer is still
15enrolled in the training course. If the part-time probationary
16law enforcement officer withdraws from the course for any
17reason or does not complete the course within the applicable
18time period, as extended by any waiver that may be granted,
19then the officer must forfeit the officer's position. A
20probationary law enforcement officer must function under the
21following rules:
22        (1) A law enforcement agency may not grant a person
23    status as a law enforcement officer unless the person has
24    been granted an active law enforcement officer
25    certification by the Board.
26        (2) A part-time probationary law enforcement officer

 

 

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1    shall not be used as a permanent replacement for a
2    full-time law enforcement.
3        (3) A part-time probationary law enforcement officer
4    shall be directly supervised at all times by a Board
5    certified law enforcement officer. Direct supervision
6    requires oversight and control with the supervisor having
7    final decision-making authority as to the actions of the
8    recruit during duty hours.
9    (b) Inactive status. A person who has an inactive law
10enforcement officer certification has no law enforcement
11authority.
12        (1) A law enforcement officer's certification becomes
13    inactive upon termination, resignation, retirement, or
14    separation from the employing agency for any reason. The
15    Board shall re-activate a certification upon written
16    application from the law enforcement officer's employing
17    agency that shows the law enforcement officer: (i) has
18    accepted a part-time law enforcement position with that a
19    law enforcement agency, (ii) is not the subject of a
20    decertification proceeding, and (iii) meets all other
21    criteria for re-activation required by the Board.
22        The Board may refuse to re-activate the certification
23    of a law enforcement officer who was involuntarily
24    terminated for good cause by the officer's employing
25    agency for conduct subject to decertification under this
26    Act or resigned or retired after receiving notice of a law

 

 

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1    enforcement agency's investigation.
2        (2) A law enforcement agency may place an officer who
3    is currently certified on inactive status by sending a
4    written request to the Board. A law enforcement officer
5    whose certificate has been placed on inactive status shall
6    not function as a law enforcement officer until the
7    officer has completed any requirements for reactivating
8    the certificate as required by the Board. A request for
9    inactive status in this subsection shall be in writing,
10    accompanied by verifying documentation, and shall be
11    submitted to the Board by the law enforcement officer's
12    employing agency.
13        (3) Certification that has become inactive under
14    paragraph (2) of this subsection (b), shall be reactivated
15    by written notice from the law enforcement officer's law
16    enforcement agency upon a showing that the law enforcement
17    officer is: (i) employed in a part-time law enforcement
18    position with the same law enforcement agency, (ii) not
19    the subject of a decertification proceeding, and (iii)
20    meets all other criteria for re-activation required by the
21    Board. The Board may also establish special training
22    requirements to be completed as a condition for
23    re-activation.
24        The Board shall review a notice for reactivation from
25    a law enforcement agency and provide a response within 30
26    days. The Board may extend this review. A law enforcement

 

 

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1    officer shall be allowed to be employed as a part-time law
2    enforcement officer while the law enforcement officer
3    reactivation waiver is under review.
4        A law enforcement officer who is refused reactivation
5    or an employing agency of a law enforcement officer who is
6    refused reactivation under this Section may request a
7    hearing in accordance with the hearing procedures as
8    outlined in subsection (h) of Section 6.3 of this Act.
9        (4) Notwithstanding paragraph (3) of this Section, a
10    law enforcement officer whose certification has become
11    inactive under paragraph (2) may have the officer's
12    employing agency submit a request for a waiver of training
13    requirements to the Board in writing and accompanied by
14    any verifying documentation. A grant of a waiver is within
15    the discretion of the Board. Within 7 days of receiving a
16    request for a waiver under this section, the Board shall
17    notify the law enforcement officer and the chief
18    administrator of the law enforcement officer's employing
19    agency, whether the request has been granted, denied, or
20    if the Board will take additional time for information. A
21    law enforcement agency or law enforcement officer, whose
22    request for a waiver under this subsection is denied, is
23    entitled to request a review of the denial by the Board.
24    The law enforcement agency must request a review within 20
25    days after the waiver being denied. The burden of proof
26    shall be on the law enforcement agency to show why the law

 

 

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1    enforcement officer is entitled to a waiver of the
2    legislatively required training and eligibility
3    requirements.
4    (c) The part-time police training course referred to in
5this Section shall be of similar content and the same number of
6hours as the courses for full-time officers and shall be
7provided by Mobile Team In-Service Training Units under the
8Intergovernmental Law Enforcement Officer's In-Service
9Training Act or by another approved program or facility in a
10manner prescribed by the Board.
11    (d) Within 14 days, a law enforcement officer shall report
12to the Board: (1) any name change; (2) any change in
13employment; or (3) the filing of any criminal indictment or
14charges against the officer alleging that the officer
15committed any offense as enumerated in Section 6.1 of this
16Act.
17    (e) All law enforcement officers must report the
18completion of the training requirements required in this Act
19in compliance with Section 8.4 of this Act.
20    (e-1) Each employing agency shall allow and provide an
21opportunity for a law enforcement officer to complete the
22requirements in this Act. All mandated training shall be
23provided for at no cost to the employees. Employees shall be
24paid for all time spent attending mandated training.
25    (e-2) Each agency, academy, or training provider shall
26maintain proof of a law enforcement officer's completion of

 

 

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1legislatively required training in a format designated by the
2Board. The report of training shall be submitted to the Board
3within 30 days following completion of the training. A copy of
4the report shall be submitted to the law enforcement officer.
5Upon receipt of a properly completed report of training, the
6Board will make the appropriate entry into the training
7records of the law enforcement officer.
8    (f) For the purposes of this Section, the Board shall
9adopt rules defining what constitutes employment on a
10part-time basis.
11    (g) Notwithstanding any provision of law to the contrary,
12the changes made to this Section by this amendatory Act of the
13102nd General Assembly and Public Act 101-652 take effect July
141, 2022.
15(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)