Sen. Christopher Belt

Filed: 3/2/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1754 by replacing
3everything after the enacting clause with the following:
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.



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1    This Section is repealed one year after the effective date
2of this amendatory Act of the 103rd General Assembly.
3    Section 10. The Illinois Police Training Act is amended by
4changing Section 8.1 as follows:
5    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
6    Sec. 8.1. Full-time law enforcement and county corrections
8    (a) No person shall receive a permanent appointment as a
9law enforcement officer or a permanent appointment as a county
10corrections officer unless that person has been awarded,
11within 6 months of the officer's initial full-time employment,
12a certificate attesting to the officer's successful completion
13of the Minimum Standards Basic Law Enforcement or County
14Correctional Training Course as prescribed by the Board; or
15has been awarded a certificate attesting to the officer's
16satisfactory completion of a training program of similar
17content and number of hours and which course has been found
18acceptable by the Board under the provisions of this Act; or a
19training waiver by reason of extensive prior law enforcement
20or county corrections experience obtained by employment with
21any law enforcement agency in any state and, therefore, the
22basic training requirement is determined by the Board to be
23illogical and unreasonable. Within 60 days after the effective
24date of this amendatory Act of the 103rd General Assembly, the



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



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1certified status is inactive shall not function as a law
2enforcement officer, be assigned the duties of a law
3enforcement officer by an employing agency, or be authorized
4to carry firearms under the authority of the employer, except
5as otherwise authorized to carry a firearm under State or
6federal law. Sheriffs who are elected as of January 1, 2022
7(the effective date of Public Act 101-652) this amendatory Act
8of the 101st General Assembly, are exempt from the requirement
9of certified status. Failure to be certified in accordance
10with this Act shall cause the officer to forfeit the officer's
12    An employing agency may not grant a person status as a law
13enforcement officer unless the person has been granted an
14active law enforcement officer certification by the Board.
15    (b) Inactive status. A person who has an inactive law
16enforcement officer certification has no law enforcement
18        (1) A law enforcement officer's certification becomes
19    inactive upon termination, resignation, retirement, or
20    separation from the officer's employing law enforcement
21    agency for any reason. The Board shall re-activate a
22    certification upon written application from the law
23    enforcement officer's law enforcement agency that shows
24    the law enforcement officer: (i) has accepted a full-time
25    law enforcement position with that law enforcement agency,
26    (ii) is not the subject of a decertification proceeding,



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1    and (iii) meets all other criteria for re-activation
2    required by the Board. The Board may also establish
3    special training requirements to be completed as a
4    condition for re-activation.
5        The Board shall review a notice for reactivation from
6    a law enforcement agency and provide a response within 30
7    days. The Board may extend this review. A law enforcement
8    officer shall be allowed to be employed as a full-time law
9    enforcement officer while the law enforcement officer
10    reactivation waiver is under review.
11        A law enforcement officer who is refused reactivation
12    or an employing agency of a law enforcement officer who is
13    refused reactivation under this Section may request a
14    hearing in accordance with the hearing procedures as
15    outlined in subsection (h) of Section 6.3 of this Act.
16        The Board may refuse to re-activate the certification
17    of a law enforcement officer who was involuntarily
18    terminated for good cause by an employing agency for
19    conduct subject to decertification under this Act or
20    resigned or retired after receiving notice of a law
21    enforcement agency's investigation.
22        (2) A law enforcement agency may place an officer who
23    is currently certified on inactive status by sending a
24    written request to the Board. A law enforcement officer
25    whose certificate has been placed on inactive status shall
26    not function as a law enforcement officer until the



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



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1    officer's employing agency, whether the request has been
2    granted, denied, or if the Board will take additional time
3    for information. A law enforcement agency, whose request
4    for a waiver under this subsection is denied, is entitled
5    to request a review of the denial by the Board. The law
6    enforcement agency must request a review within 20 days of
7    the waiver being denied. The burden of proof shall be on
8    the law enforcement agency to show why the law enforcement
9    officer is entitled to a waiver of the legislatively
10    required training and eligibility requirements.
11    (c) No provision of this Section shall be construed to
12mean that a county corrections officer employed by a
13governmental agency at the time of the effective date of this
14amendatory Act, either as a probationary county corrections
15officer or as a permanent county corrections officer, shall
16require certification under the provisions of this Section. No
17provision of this Section shall be construed to apply to
18certification of elected county sheriffs.
19    (d) Within 14 days, a law enforcement officer shall report
20to the Board: (1) any name change; (2) any change in
21employment; or (3) the filing of any criminal indictment or
22charges against the officer alleging that the officer
23committed any offense as enumerated in Section 6.1 of this
25    (e) All law enforcement officers must report the
26completion of the training requirements required in this Act



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1in compliance with Section 8.4 of this Act.
2    (e-1) Each employing law enforcement agency shall allow
3and provide an opportunity for a law enforcement officer to
4complete the mandated requirements in this Act. All mandated
5training shall will be provided for at no cost to the
6employees. Employees shall be paid for all time spent
7attending mandated training.
8    (e-2) Each agency, academy, or training provider shall
9maintain proof of a law enforcement officer's completion of
10legislatively required training in a format designated by the
11Board. The report of training shall be submitted to the Board
12within 30 days following completion of the training. A copy of
13the report shall be submitted to the law enforcement officer.
14Upon receipt of a properly completed report of training, the
15Board will make the appropriate entry into the training
16records of the law enforcement officer.
17    (f) This Section does not apply to part-time law
18enforcement officers or probationary part-time law enforcement
20    (g) Notwithstanding any provision of law to the contrary,
21the changes made to this Section by this amendatory Act of the
22102nd General Assembly, Public Act 101-652, and Public Act
23102-28, and Public Act 102-694 take effect July 1, 2022.
24(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
25102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)".