Full Text of HB5217 103rd General Assembly
HB5217 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5217 Introduced 2/9/2024, by Rep. Dave Vella SYNOPSIS AS INTRODUCED: | | 50 ILCS 705/2 | from Ch. 85, par. 502 | 50 ILCS 705/3 | from Ch. 85, par. 503 | 50 ILCS 705/6.1 | | 50 ILCS 705/6.3 | | 50 ILCS 705/6.6 | | 50 ILCS 705/6.7 | | 50 ILCS 705/7 | | 50 ILCS 705/7.9 new | | 50 ILCS 705/8.1 | from Ch. 85, par. 508.1 | 50 ILCS 705/8.4 | | 50 ILCS 705/9.2 | | 50 ILCS 705/10.7 | | 50 ILCS 705/10.21 | | 50 ILCS 705/7.1 rep. | | 50 ILCS 705/10.6 rep. | | 55 ILCS 5/3-6007 | from Ch. 34, par. 3-6007 |
| Amends the Illinois Police Training Act. Provides that probationary police officers do not include lateral hires or previously certified officers reentering the profession seeking a training waiver. Modifies the composition of the Illinois Law Enforcement Training Standards Board. Makes changes to provisions regarding automatic decertification of full-time and part-time law enforcement officers; discretionary decertification of full-time and part-time law enforcement officers; review of final administrative decisions; decertification procedures; full-time law enforcement and county corrections officers; law enforcement compliance verification; mandatory training for a police chief and deputy police chief; and sexual assault and sexual abuse training. Removes and repeals existing provisions about in-service training and replaces the existing provisions by requiring the Board to establish a system for the development, delivery, and tracking of in-service training courses, including specific requirements of the training. Amends the Counties Code to make a conforming change. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Police Training Act is amended by | 5 | | changing Sections 2, 3, 6.1, 6.3, 6.6, 6.7, 7, 8.1, 8.4, 9.2, | 6 | | 10.7, and 10.21 and by adding Section 7.9 as follows: | 7 | | (50 ILCS 705/2) (from Ch. 85, par. 502) | 8 | | Sec. 2. Definitions. As used in this Act, unless the | 9 | | context otherwise requires: | 10 | | "Board" means the Illinois Law Enforcement Training | 11 | | Standards Board. | 12 | | "Full-time law enforcement officer" means a law | 13 | | enforcement officer who has completed the officer's | 14 | | probationary period and is employed on a full-time basis as a | 15 | | law enforcement officer by a local government agency, State | 16 | | government agency, or as a campus police officer by a | 17 | | university, college, or community college. | 18 | | "Law Enforcement agency" means any entity with statutory | 19 | | police powers and the ability to employ individuals authorized | 20 | | to make arrests. It does not include the Illinois State Police | 21 | | as defined in the State Police Act. A law enforcement agency | 22 | | may include any university, college, or community college. | 23 | | "Local law enforcement agency" means any law enforcement |
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| 1 | | unit of government or municipal corporation in this State. It | 2 | | does not include the State of Illinois or any office, officer, | 3 | | department, division, bureau, board, commission, or agency of | 4 | | the State, except that it does include a State-controlled | 5 | | university, college or public community college. | 6 | | "State law enforcement agency" means any law enforcement | 7 | | agency of this State. This includes any office, officer, | 8 | | department, division, bureau, board, commission, or agency of | 9 | | the State. It does not include the Illinois State Police as | 10 | | defined in the State Police Act. | 11 | | "Panel" means the Certification Review Panel. | 12 | | "Basic training school" means any school located within | 13 | | the State of Illinois whether privately or publicly owned | 14 | | which offers a course in basic law enforcement or county | 15 | | corrections training and has been approved by the Board. | 16 | | "Probationary police officer" means a recruit law | 17 | | enforcement officer required to successfully complete initial | 18 | | minimum basic training requirements at a basic training school | 19 | | to be eligible for permanent full-time employment as a local | 20 | | law enforcement officer. "Probationary police officer" does | 21 | | not include a lateral hire or a previously certified officer | 22 | | reentering the profession seeking a training waiver. | 23 | | "Probationary part-time police officer" means a recruit | 24 | | part-time law enforcement officer required to successfully | 25 | | complete initial minimum part-time training requirements to be | 26 | | eligible for employment on a part-time basis as a local law |
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| 1 | | enforcement officer. | 2 | | "Permanent law enforcement officer" means a law | 3 | | enforcement officer who has completed the officer's | 4 | | probationary period and is permanently employed on a full-time | 5 | | basis as a local law enforcement officer, as a security | 6 | | officer, or campus police officer permanently employed by a | 7 | | law enforcement agency. | 8 | | "Part-time law enforcement officer" means a law | 9 | | enforcement officer who has completed the officer's | 10 | | probationary period and is employed on a part-time basis as a | 11 | | law enforcement officer or as a campus police officer by a law | 12 | | enforcement agency. | 13 | | "Law enforcement officer" means (i) any police officer of | 14 | | a law enforcement agency who is primarily responsible for | 15 | | prevention or detection of crime and the enforcement of the | 16 | | criminal code, traffic, or highway laws of this State or any | 17 | | political subdivision of this State or (ii) any member of a | 18 | | police force appointed and maintained as provided in Section 2 | 19 | | of the Railroad Police Act. | 20 | | "Recruit" means any full-time or part-time law enforcement | 21 | | officer or full-time county corrections officer who is | 22 | | enrolled in an approved training course. | 23 | | "Review Committee" means the committee at the Board for | 24 | | certification disciplinary cases in which the Panel, a law | 25 | | enforcement officer, or a law enforcement agency may file for | 26 | | reconsideration of a decertification decision made by the |
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| 1 | | Board. | 2 | | "Probationary county corrections officer" means a recruit | 3 | | county corrections officer required to successfully complete | 4 | | initial minimum basic training requirements at a basic | 5 | | training school to be eligible for permanent employment on a | 6 | | full-time basis as a county corrections officer. | 7 | | "Permanent county corrections officer" means a county | 8 | | corrections officer who has completed the officer's | 9 | | probationary period and is permanently employed on a full-time | 10 | | basis as a county corrections officer by a participating law | 11 | | enforcement agency. | 12 | | "County corrections officer" means any sworn officer of | 13 | | the sheriff who is primarily responsible for the control and | 14 | | custody of offenders, detainees or inmates. | 15 | | "Probationary court security officer" means a recruit | 16 | | court security officer required to successfully complete | 17 | | initial minimum basic training requirements at a designated | 18 | | training school to be eligible for employment as a court | 19 | | security officer. | 20 | | "Permanent court security officer" means a court security | 21 | | officer who has completed the officer's probationary period | 22 | | and is employed as a court security officer by a participating | 23 | | law enforcement agency. | 24 | | "Court security officer" has the meaning ascribed to it in | 25 | | Section 3-6012.1 of the Counties Code. | 26 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) |
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| 1 | | (50 ILCS 705/3) (from Ch. 85, par. 503) | 2 | | Sec. 3. Board; composition; appointments; tenure; | 3 | | vacancies. | 4 | | (a) The Board shall be composed of 18 members selected as | 5 | | follows: The Attorney General of the State of Illinois, the | 6 | | Director of the Illinois State Police, the Director of | 7 | | Corrections, the Superintendent of the Chicago Police | 8 | | Department, the Sheriff of Cook County, the Clerk of the | 9 | | Circuit Court of Cook County, who shall serve as ex officio | 10 | | members, and the following to be appointed by the Governor: 2 | 11 | | mayors or village presidents of Illinois municipalities, 2 | 12 | | Illinois county sheriffs from counties other than Cook County, | 13 | | 2 managers of Illinois municipalities, 2 chiefs of municipal | 14 | | police departments in Illinois having no Superintendent of the | 15 | | Police Department on the Board, 2 certified law enforcement | 16 | | officers who are employed as a law enforcement officer in a | 17 | | position covered by a collective bargaining agreement citizens | 18 | | of Illinois who shall be members of an organized enforcement | 19 | | officers' association, one active member of a statewide | 20 | | association representing sheriffs, and one active member of a | 21 | | statewide association representing municipal police chiefs. | 22 | | The appointments of the Governor shall be made on the first | 23 | | Monday of August in 1965 with 3 of the appointments to be for a | 24 | | period of one year, 3 for 2 years, and 3 for 3 years. Their | 25 | | successors shall be appointed in like manner for terms to |
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| 1 | | expire the first Monday of August each 3 years thereafter. All | 2 | | members shall serve until their respective successors are | 3 | | appointed and qualify. Vacancies shall be filled by the | 4 | | Governor for the unexpired terms. Any ex officio member may | 5 | | appoint a designee to the Board who shall have the same powers | 6 | | and immunities otherwise conferred to the member of the Board, | 7 | | including the power to vote and be counted toward quorum, so | 8 | | long as the member is not in attendance. | 9 | | (a-5) Within the Board is created a Review Committee. The | 10 | | Review Committee shall review disciplinary cases in which the | 11 | | Panel, the law enforcement officer, or the law enforcement | 12 | | agency file for reconsideration of a decertification decision | 13 | | made by the Board. The Review Committee shall be composed of 9 | 14 | | annually rotating members from the Board appointed by the | 15 | | Board Chairman. One member of the Review Committee shall be | 16 | | designated by the Board Chairman as the Chair. The Review | 17 | | Committee shall sit in 3 member panels composed of one member | 18 | | representing law enforcement management, one member | 19 | | representing members of law enforcement, and one member who is | 20 | | not a current or former member of law enforcement. | 21 | | (b) When a Board member may have an actual, perceived, or | 22 | | potential conflict of interest or appearance of bias that | 23 | | could prevent the Board member from making a fair and | 24 | | impartial decision regarding decertification: | 25 | | (1) The Board member shall recuse himself or herself. | 26 | | (2) If the Board member fails to recuse himself or |
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| 1 | | herself, then the Board may, by a simple majority of the | 2 | | remaining members, vote to recuse the Board member. Board | 3 | | members who are found to have voted on a matter in which | 4 | | they should have recused themselves may be removed from | 5 | | the Board by the Governor. | 6 | | A conflict of interest or appearance of bias may include, | 7 | | but is not limited to, matters where one of the following is a | 8 | | party to a decision on a decertification or formal complaint: | 9 | | someone with whom the member has an employment relationship; | 10 | | any of the following relatives: spouse, parents, children, | 11 | | adopted children, legal wards, stepchildren, step parents, | 12 | | step siblings, half siblings, siblings, parents-in-law, | 13 | | siblings-in-law, children-in-law, aunts, uncles, nieces, and | 14 | | nephews; a friend; or a member of a professional organization, | 15 | | association, or a union in which the member now actively | 16 | | serves. | 17 | | (c) A vacancy in members does not prevent a quorum of the | 18 | | remaining sitting members from exercising all rights and | 19 | | performing all duties of the Board. | 20 | | (d) An individual serving on the Board shall not also | 21 | | serve on the Panel. | 22 | | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | 23 | | 102-694, eff. 1-7-22.) | 24 | | (50 ILCS 705/6.1) | 25 | | Sec. 6.1. Automatic decertification of full-time and |
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| 1 | | part-time law enforcement officers. | 2 | | (a) The Board must review law enforcement officer conduct | 3 | | and records to ensure that no law enforcement officer is | 4 | | initially certified or provided a valid waiver if that law | 5 | | enforcement officer has been convicted of, found guilty of, | 6 | | entered a plea of guilty to, or entered a plea of nolo | 7 | | contendere to , a felony offense under the laws of this State or | 8 | | any other state which if committed in this State would be | 9 | | punishable as a felony. The Board must also ensure that no law | 10 | | enforcement officer is certified or provided a valid waiver if | 11 | | that law enforcement officer has been convicted of, found | 12 | | guilty of, or entered a plea of guilty to, on or after January | 13 | | 1, 2022 (the effective date of Public Act 101-652) and since | 14 | | the time of the initial certification of any misdemeanor | 15 | | specified in this Section or if committed in any other state | 16 | | would be an offense similar to Section 11-1.50, 11-6, 11-6.5, | 17 | | 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, | 18 | | 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | 19 | | 28-3, 29-1, any misdemeanor in violation of any Section of | 20 | | Part E of Title III of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, or subsection (a) of Section 17-32 of | 22 | | the Criminal Code of 1961 or the Criminal Code of 2012, or to | 23 | | Section 5 or 5.2 of the Cannabis Control Act, or any felony or | 24 | | misdemeanor in violation of federal law or the law of any state | 25 | | that is the equivalent of any of the offenses specified | 26 | | therein. The Board must appoint investigators to enforce the |
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| 1 | | duties conferred upon the Board by this Act. | 2 | | (a-1) For purposes of this Section, a person is "convicted | 3 | | of, found guilty of or entered a plea of guilty to , or plea of | 4 | | nolo contendere to , found guilty of " regardless of whether the | 5 | | adjudication of guilt or sentence is withheld or not entered | 6 | | thereon. This includes sentences of supervision, conditional | 7 | | discharge, or first offender probation, or any similar | 8 | | disposition provided for by law. This definition applies to | 9 | | conduct that occurred after January 1, 2022. | 10 | | (b) It is the responsibility of the sheriff or the chief | 11 | | executive officer of every law enforcement agency or | 12 | | department within this State to report to the Board any | 13 | | arrest, conviction, finding of guilt, plea of guilty, or plea | 14 | | of nolo contendere to, of any officer currently in the | 15 | | sheriff's or the chief executive officer's employ for an | 16 | | offense identified in this Section, regardless of whether the | 17 | | adjudication of guilt or sentence is withheld or not entered | 18 | | thereon, this includes sentences of supervision, conditional | 19 | | discharge, or first offender probation if the conduct occurred | 20 | | after January 1, 2022 . | 21 | | (c) It is the duty and responsibility of every full-time | 22 | | and part-time law enforcement officer in this State to report | 23 | | to the Board within 14 days, and the officer's sheriff or chief | 24 | | executive officer, of the officer's arrest, conviction, found | 25 | | guilty of, or plea of guilty for an offense identified in this | 26 | | Section. Any full-time or part-time law enforcement officer |
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| 1 | | who knowingly makes, submits, causes to be submitted, or files | 2 | | a false or untruthful report to the Board must have the | 3 | | officer's certificate or waiver immediately decertified or | 4 | | revoked after a due process hearing before the Certification | 5 | | Review Panel . | 6 | | (d) Any person, or a local or State agency, or the Board is | 7 | | immune from liability for submitting, disclosing, or releasing | 8 | | information of arrests, convictions, or pleas of guilty in | 9 | | this Section as long as the information is submitted, | 10 | | disclosed, or released in good faith and without malice. The | 11 | | Board has qualified immunity for the release of the | 12 | | information. | 13 | | (e) Any full-time or part-time law enforcement officer | 14 | | with a certificate or waiver issued by the Board who is | 15 | | convicted of, found guilty of, or entered a plea of guilty to, | 16 | | or entered a plea of nolo contendere to any offense described | 17 | | in this Section immediately becomes decertified or no longer | 18 | | has a valid waiver. The decertification and invalidity of | 19 | | waivers is subject to review by the Certification Review Panel | 20 | | upon timely application occurs as a matter of law . Failure of a | 21 | | convicted person to report to the Board the officer's | 22 | | conviction as described in this Section or any continued law | 23 | | enforcement practice after receiving a conviction will subject | 24 | | the officer to an additional basis for decertification is a | 25 | | Class 4 felony . | 26 | | For purposes of this subsection Section , a person is |
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| 1 | | considered to have been "convicted of, found guilty of, or | 2 | | entered a plea of guilty to, or entered a plea of nolo | 3 | | contendere to" regardless of whether the adjudication of guilt | 4 | | or sentence is withheld or not entered thereon, including | 5 | | sentences of supervision, conditional discharge, first | 6 | | offender probation, or any similar disposition as provided for | 7 | | by law if the conduct occurred after January 1, 2022 . | 8 | | (f) The Board's investigators shall be law enforcement | 9 | | officers as defined in Section 2 of this Act. The Board shall | 10 | | not waive the training requirement unless the investigator has | 11 | | had a minimum of 5 years experience as a sworn officer of a | 12 | | local, State, or federal law enforcement agency. An | 13 | | investigator shall not have been terminated for good cause, | 14 | | decertified, had his or her law enforcement license or | 15 | | certificate revoked in this or any other jurisdiction, or been | 16 | | convicted of any of the conduct listed in subsection (a). Any | 17 | | complaint filed against the Board's investigators shall be | 18 | | investigated by the Illinois State Police. | 19 | | (g) The Board must request and receive information and | 20 | | assistance from any federal, state, local, or private | 21 | | enforcement agency as part of the authorized criminal | 22 | | background investigation. The Illinois State Police must | 23 | | process, retain, and additionally provide and disseminate | 24 | | information to the Board concerning criminal charges, arrests, | 25 | | convictions, and their disposition, that have been filed | 26 | | against a basic academy applicant, law enforcement applicant, |
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| 1 | | or law enforcement officer whose fingerprint identification | 2 | | cards are on file or maintained by the Illinois State Police. | 3 | | The Federal Bureau of Investigation must provide the Board any | 4 | | criminal history record information contained in its files | 5 | | pertaining to law enforcement officers or any applicant to a | 6 | | Board certified basic law enforcement academy as described in | 7 | | this Act based on fingerprint identification. The Board must | 8 | | make payment of fees to the Illinois State Police for each | 9 | | fingerprint card submission in conformance with the | 10 | | requirements of paragraph 22 of Section 55a of the Civil | 11 | | Administrative Code of Illinois. | 12 | | (g-5) Notwithstanding any provision of law to the | 13 | | contrary, the changes to this Section made by this amendatory | 14 | | Act of the 102nd General Assembly and Public Act 101-652 shall | 15 | | apply prospectively only from July 1, 2022. | 16 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | 17 | | 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.) | 18 | | (50 ILCS 705/6.3) | 19 | | Sec. 6.3. Discretionary decertification of full-time and | 20 | | part-time law enforcement officers. | 21 | | (a) Definitions. For purposes of this Section 6.3: | 22 | | "Duty to intervene" means an obligation to intervene to | 23 | | prevent harm from occurring that arises when: an officer is | 24 | | present, and has reason to know (1) that excessive force is | 25 | | being used or that any constitutional violation has been |
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| 1 | | committed by a law enforcement official; and (2) the officer | 2 | | has a realistic opportunity to intervene. This duty applies | 3 | | equally to supervisory and nonsupervisory officers. If aid is | 4 | | required, the officer shall not, when reasonable to administer | 5 | | aid, knowingly and willingly refuse to render aid as defined | 6 | | by State or federal law. An officer does not violate this duty | 7 | | if the failure to render aid is due to circumstances such as | 8 | | lack of appropriate specialized training, lack of resources or | 9 | | equipment, or if it is unsafe or impracticable to render aid. | 10 | | "Excessive use of force" means using force in violation of | 11 | | State or federal law. | 12 | | "False statement" means (1) any knowingly false statement | 13 | | provided on a form or report, (2) that the writer does not | 14 | | believe to be true, and (3) that the writer includes to mislead | 15 | | a public servant in performing the public servant's official | 16 | | functions. | 17 | | "Perjury" means that as defined under Sections 32-2 and | 18 | | 32-3 of the Criminal Code of 2012. | 19 | | "Tampers with or fabricates evidence" means if a law | 20 | | enforcement officer (1) has reason to believe that an official | 21 | | proceeding is pending or may be instituted, and (2) alters, | 22 | | destroys, conceals, or removes any record, document, data, | 23 | | video or thing to impair its validity or availability in the | 24 | | proceeding. | 25 | | (b) Decertification conduct. The Board has the authority | 26 | | to decertify a full-time or a part-time law enforcement |
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| 1 | | officer upon a determination by the Board that the law | 2 | | enforcement officer has: | 3 | | (1) committed an act that would constitute a felony or | 4 | | misdemeanor which could serve as basis for automatic | 5 | | decertification, whether or not the law enforcement | 6 | | officer was criminally prosecuted, and whether or not the | 7 | | law enforcement officer's employment was terminated; | 8 | | (2) exercised excessive use of force; | 9 | | (3) failed to comply with the officer's duty to | 10 | | intervene, including through acts or omissions; | 11 | | (4) with the intent to prevent apprehension of or | 12 | | obstruct the prosecution or defense of any person, | 13 | | knowingly and intentionally tampered with a dash camera or | 14 | | body-worn camera or data recorded by a dash camera or | 15 | | body-worn camera or directed another to tamper with or | 16 | | turn off a dash camera or body-worn camera or data | 17 | | recorded by a dash camera or body-worn camera for the | 18 | | purpose of concealing, destroying or altering potential | 19 | | evidence; | 20 | | (5) engaged in the following conduct relating to the | 21 | | reporting, investigation, or prosecution of a crime: | 22 | | committed perjury, made a false statement, or knowingly | 23 | | tampered with or fabricated evidence; and | 24 | | (6) engaged in any unprofessional, unethical, | 25 | | deceptive, or deleterious conduct or practice harmful to | 26 | | the public; such conduct or practice need not have |
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| 1 | | resulted in actual injury to any person. As used in this | 2 | | paragraph, the term "unprofessional conduct" shall include | 3 | | any departure from, or failure to conform to, the minimal | 4 | | standards of acceptable and prevailing practice of an | 5 | | officer. | 6 | | (b-5) The Board has the authority to decertify a full-time | 7 | | or part-time law enforcement officer notwithstanding whether a | 8 | | law enforcement agency takes disciplinary action against a law | 9 | | enforcement officer for the same underlying conduct as | 10 | | outlined in subsection (b). | 11 | | (c) Notice of Alleged Violation. | 12 | | (1) The following individuals and agencies shall | 13 | | notify the Board within 7 days of becoming aware of any | 14 | | violation described in subsection (b): | 15 | | (A) A law enforcement agency as defined in Section | 16 | | 2 or any law enforcement officer of this State. For | 17 | | this subsection (c), law enforcement agency includes, | 18 | | but is not limited to, a civilian review board, an | 19 | | inspector general, and legal counsel for a law | 20 | | enforcement agency. | 21 | | (B) The Executive Director of the Board; | 22 | | (C) A State's Attorney's Office of this State. | 23 | | "Becoming aware" does not include confidential | 24 | | communications between agency lawyers and agencies | 25 | | regarding legal advice. For purposes of this subsection, | 26 | | "law enforcement agency" does not include the Illinois |
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| 1 | | Attorney General when providing legal representation to a | 2 | | law enforcement officer under the State Employee | 3 | | Indemnification Act. | 4 | | (2) Any person may also notify the Board of any | 5 | | conduct the person believes a law enforcement officer has | 6 | | committed as described in subsection (b). Such | 7 | | notifications may be made confidentially. Notwithstanding | 8 | | any other provision in state law or any collective | 9 | | bargaining agreement, the Board shall accept notice and | 10 | | investigate any allegations from individuals who remain | 11 | | confidential. | 12 | | (3) Upon written request, the Board shall disclose to | 13 | | the individual or entity who filed a notice of violation | 14 | | the status of the Board's review. | 15 | | (d) Form. The notice of violation reported under | 16 | | subsection (c) shall be on a form prescribed by the Board in | 17 | | its rules. The form shall be publicly available by paper and | 18 | | electronic means. The form shall include fields for the | 19 | | following information, at a minimum: | 20 | | (1) the full name, address, and telephone number of | 21 | | the person submitting the notice; | 22 | | (2) if submitted under subsection (c)(1), the agency | 23 | | name and title of the person submitting the notice; | 24 | | (3) the full name, badge number, employing agency, and | 25 | | physical description of the officer, if known; | 26 | | (4) the full name or names, address or addresses, |
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| 1 | | telephone number or numbers, and physical description or | 2 | | descriptions of any witnesses, if known; | 3 | | (5) a concise statement of facts that describe the | 4 | | alleged violation and any copies of supporting evidence | 5 | | including but not limited to any photographic, video, or | 6 | | audio recordings of the incident; | 7 | | (6) whether the person submitting the notice has | 8 | | notified any other agency; and | 9 | | (7) an option for an individual, who submits directly | 10 | | to the Board, to consent to have the individual's identity | 11 | | disclosed. The identity of any individual providing | 12 | | information or reporting any possible or alleged violation | 13 | | to the Board shall be kept confidential and may not be | 14 | | disclosed without the consent of that individual, unless | 15 | | the individual consents to disclosure of the individual's | 16 | | name or disclosure of the individual's identity is | 17 | | otherwise required by law. The confidentiality granted by | 18 | | this subsection does not preclude the disclosure of the | 19 | | identity of a person in any capacity other than as the | 20 | | source of an allegation. | 21 | | Nothing in this subsection (d) shall preclude the Board | 22 | | from receiving, investigating, or acting upon allegations made | 23 | | confidentially or in a format different from the form provided | 24 | | for in this subsection. | 25 | | (e) Preliminary review. | 26 | | (1) The Board shall complete a preliminary review of |
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| 1 | | the allegations to determine whether there is sufficient | 2 | | information to warrant a further investigation of any | 3 | | violations of the Act. Upon initiating a preliminary | 4 | | review of the allegations, the Board shall notify the head | 5 | | of the law enforcement agency that employs the law | 6 | | enforcement officer who is the subject of the allegations. | 7 | | At the request of the Board, the law enforcement agency | 8 | | must submit any copies of investigative findings, | 9 | | evidence, or documentation to the Board in accordance with | 10 | | rules adopted by the Board to facilitate the Board's | 11 | | preliminary review. The Board may correspond with the law | 12 | | enforcement agency, official records clerks or any | 13 | | investigative agencies in conducting its preliminary | 14 | | review. | 15 | | (2) During the preliminary review, the Board will take | 16 | | all reasonable steps to discover any and all objective | 17 | | verifiable evidence relevant to the alleged violation | 18 | | through the identification, retention, review, and | 19 | | analysis of all currently available evidence, including, | 20 | | but not limited to: all time-sensitive evidence, audio and | 21 | | video evidence, physical evidence, arrest reports, | 22 | | photographic evidence, GPS records, computer data, lab | 23 | | reports, medical documents, and witness interviews. All | 24 | | reasonable steps will be taken to preserve relevant | 25 | | evidence identified during the preliminary investigation. | 26 | | (3) If after a preliminary review of the alleged |
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| 1 | | violation or violations, the Board believes there is | 2 | | sufficient information to warrant further investigation of | 3 | | any violations of this Act, the alleged violation or | 4 | | violations shall be assigned for investigation in | 5 | | accordance with subsection (f). | 6 | | (4) If after a review of the allegations, the Board | 7 | | believes there is insufficient information supporting the | 8 | | allegations to warrant further investigation, it may close | 9 | | a notice. Notification of the Board's decision to close a | 10 | | notice shall be sent to all relevant individuals, | 11 | | agencies, and any entities that received notice of the | 12 | | violation under subsection (c) within 30 days of the | 13 | | notice being closed, except in cases where the notice is | 14 | | submitted anonymously if the complainant is unknown. | 15 | | (5) Except when the Board has received notice under | 16 | | subparagraph (A) of paragraph (1) of subsection (c), no | 17 | | later than 30 days after receiving notice, the Board shall | 18 | | report any notice of violation it receives to the relevant | 19 | | law enforcement agency, unless reporting the notice would | 20 | | jeopardize any subsequent investigation. The Board shall | 21 | | also record any notice of violation it receives to the | 22 | | Officer Professional Conduct Database in accordance with | 23 | | Section 9.2. The Board shall report to the appropriate | 24 | | State's Attorney any alleged violations that contain | 25 | | allegations, claims, or factual assertions that, if true, | 26 | | would constitute a violation of Illinois law. The Board |
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| 1 | | shall inform the law enforcement officer via certified | 2 | | mail that it has received a notice of violation against | 3 | | the law enforcement officer. | 4 | | If the Board determines that due to the circumstances | 5 | | and the nature of the allegation that it would not be | 6 | | prudent to notify the law enforcement officer and the | 7 | | officer's law enforcement agency unless and until the | 8 | | filing of a Formal Complaint, the Board shall document in | 9 | | the file the reason or reasons a notification was not | 10 | | made. | 11 | | (6) If the law enforcement officer is involved in a | 12 | | criminal proceeding on the same subject as the notice of | 13 | | violation, the Board is responsible for maintaining a | 14 | | current status report including court dates, hearings, | 15 | | pleas, adjudication status and sentencing. A State's | 16 | | Attorney's Office must notify the Board of any criminal | 17 | | charges filed against a law enforcement officer, and must | 18 | | provide updates of significant developments to the Board | 19 | | in a timely manner but no later than 30 days after such | 20 | | developments. | 21 | | (f) Investigations; requirements. Investigations are to be | 22 | | assigned after a preliminary review, unless the investigations | 23 | | were closed under paragraph (4) of subsection (e), as follows | 24 | | in paragraphs (1), (2), and (3) of this subsection (f). | 25 | | (1) A law enforcement agency that submits a notice of | 26 | | violation to the Board under subparagraph (A) of paragraph |
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| 1 | | (1) of subsection (c) shall be responsible for conducting | 2 | | an investigation of the underlying allegations except | 3 | | when: (i) the law enforcement agency refers the notice to | 4 | | another law enforcement agency or the Board for | 5 | | investigation and such other agency or the Board agrees to | 6 | | conduct the investigation; (ii) an external, independent, | 7 | | or civilian oversight agency conducts the investigation in | 8 | | accordance with local ordinance or other applicable law; | 9 | | or (iii) the Board has determined that it will conduct the | 10 | | investigation based upon the facts and circumstances of | 11 | | the alleged violation, including but not limited to, | 12 | | investigations regarding the Chief or Sheriff of a law | 13 | | enforcement agency, familial conflict of interests, | 14 | | complaints involving a substantial portion of a law | 15 | | enforcement agency, or complaints involving a policy of a | 16 | | law enforcement agency. Any agency or entity conducting an | 17 | | investigation under this paragraph (1) shall submit | 18 | | quarterly reports to the Board regarding the progress of | 19 | | the investigation. The quarterly report shall be reviewed | 20 | | by the individual or individuals at the Board who | 21 | | conducted the preliminary review, if available. | 22 | | Any agency or entity conducting an investigation under | 23 | | this paragraph (1) shall, within 7 days of completing an | 24 | | investigation, deliver an Investigative Summary Report and | 25 | | copies of any administrative evidence to the Board. If the | 26 | | Board finds an investigation conducted under this |
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| 1 | | paragraph (1) is incomplete, unsatisfactory, or deficient | 2 | | in any way, the Board may direct the investigating entity | 3 | | or agency to take any additional investigative steps | 4 | | deemed necessary to thoroughly and satisfactorily complete | 5 | | the investigation, or the Board may take any steps | 6 | | necessary to complete the investigation. The investigating | 7 | | entity or agency or, when necessary, the Board will then | 8 | | amend and re-submit the Investigative Summary Report to | 9 | | the Board for approval. | 10 | | The Board shall submit a report to the investigating | 11 | | entity disclosing the name, address, and telephone numbers | 12 | | of persons who have knowledge of facts which are the | 13 | | subject of the investigation and identifying the subject | 14 | | matter of their knowledge. | 15 | | (2) The Board shall investigate and complete an | 16 | | Investigative Summary Report when a State's Attorney's | 17 | | Office submits a notice of violation to the Board under | 18 | | (c)(1)(C). | 19 | | (3) When a person submits a notice to the Board under | 20 | | paragraph (2) of subsection (c), The Board shall assign | 21 | | the investigation to the law enforcement agency that | 22 | | employs the law enforcement officer, except when: (i) the | 23 | | law enforcement agency requests to refer the notice to | 24 | | another law enforcement agency or the Board for | 25 | | investigation and such other agency or the Board agrees to | 26 | | conduct the investigation; (ii) an external, independent, |
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| 1 | | or civilian oversight agency conducts the investigation in | 2 | | accordance with local ordinance or other applicable law; | 3 | | or (iii) the Board has determined that it will conduct the | 4 | | investigation based upon the facts and circumstances of | 5 | | the alleged violation, including but not limited to, | 6 | | investigations regarding the Chief or Sheriff of a law | 7 | | enforcement agency, familial conflict of interests, | 8 | | complaints involving a substantial portion of a law | 9 | | enforcement agency, or complaints involving a policy of a | 10 | | law enforcement agency. | 11 | | The investigating entity or agency shall submit | 12 | | quarterly reports to the Board regarding the progress of | 13 | | the investigation in a form to be determined by the Board. | 14 | | The quarterly report shall be reviewed by the individual | 15 | | at the Board who conducted the preliminary review, if | 16 | | available. | 17 | | The investigating entity or agency shall, within 7 days of | 18 | | completing an investigation, deliver an Investigative | 19 | | Summary Report and copies of any evidence to the Board. If | 20 | | the Board finds an investigation conducted under this | 21 | | subsection (f)(3) is incomplete, unsatisfactory, or | 22 | | deficient in any way, the Board may direct the | 23 | | investigating entity to take any additional investigative | 24 | | steps deemed necessary to thoroughly and satisfactorily | 25 | | complete the investigation, or the Board may take any | 26 | | steps necessary to complete the investigation. The |
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| 1 | | investigating entity or agency or, when necessary, the | 2 | | Board will then amend and re-submit the Investigative | 3 | | Summary Report to the Board for approval. The | 4 | | investigating entity shall cooperate with and assist the | 5 | | Board, as necessary, in any subsequent investigation. | 6 | | (4) Concurrent Investigations. The Board may, at any | 7 | | point, initiate a concurrent investigation under this | 8 | | section. The original investigating entity shall timely | 9 | | communicate, coordinate, and cooperate with the Board to | 10 | | the fullest extent. The Board shall promulgate rules that | 11 | | shall address, at a minimum, the sharing of information | 12 | | and investigative means such as subpoenas and interviewing | 13 | | witnesses. | 14 | | (5) Investigative Summary Report. An Investigative | 15 | | Summary Report shall contain, at a minimum, the | 16 | | allegations and elements within each allegation followed | 17 | | by the testimonial, documentary, or physical evidence that | 18 | | is relevant to each such allegation or element listed and | 19 | | discussed in association with it. All persons who have | 20 | | been interviewed and listed in the Investigative Summary | 21 | | Report will be identified as a complainant, witness, | 22 | | person with specialized knowledge, or law enforcement | 23 | | employee. | 24 | | (6) Each law enforcement agency shall adopt a written | 25 | | policy regarding the investigation of conduct under | 26 | | subsection (a) that involves a law enforcement officer |
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| 1 | | employed by that law enforcement agency. The written | 2 | | policy adopted must include the following, at a minimum: | 3 | | (a) Each law enforcement officer shall immediately | 4 | | report any conduct under subsection (b) to the | 5 | | appropriate supervising officer. | 6 | | (b) The written policy under this Section shall be | 7 | | available for inspection and copying under the Freedom | 8 | | of Information Act, and not subject to any exemption | 9 | | of that Act. | 10 | | (7) Nothing in this Act shall prohibit a law | 11 | | enforcement agency from conducting an investigation for | 12 | | the purpose of internal discipline. However, any such | 13 | | investigation shall be conducted in a manner that avoids | 14 | | interference with, and preserves the integrity of, any | 15 | | separate investigation by the Board being conducted. | 16 | | (g) Formal complaints. Upon receipt of an Investigative | 17 | | Summary Report, the Board shall review the Report and any | 18 | | relevant evidence obtained and determine whether there is | 19 | | reasonable basis to believe that the law enforcement officer | 20 | | committed any conduct that would be deemed a violation of this | 21 | | Act. If after reviewing the Report and any other relevant | 22 | | evidence obtained, the Board determines that a reasonable | 23 | | basis does exist, the Board shall file a formal complaint with | 24 | | the Certification Review Panel. | 25 | | (h) Formal Complaint Hearing. | 26 | | (1) Upon issuance of a formal complaint, the Panel |
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| 1 | | shall set the matter for an initial hearing in front of an | 2 | | administrative law judge. At least 30 days before the date | 3 | | set for an initial hearing, the Panel must, in writing, | 4 | | notify the law enforcement officer subject to the | 5 | | complaint of the following: | 6 | | (i) the allegations against the law enforcement | 7 | | officer, the time and place for the hearing, and | 8 | | whether the law enforcement officer's certification | 9 | | has been temporarily suspended under Section 8.3; | 10 | | (ii) the right to file a written answer to the | 11 | | complaint with the Panel within 30 days after service | 12 | | of the notice; | 13 | | (iii) if the law enforcement officer fails to | 14 | | comply with the notice of the default order in | 15 | | paragraph (2), the Panel shall enter a default order | 16 | | against the law enforcement officer along with a | 17 | | finding that the allegations in the complaint are | 18 | | deemed admitted, and that the law enforcement | 19 | | officer's certification may be revoked as a result; | 20 | | and | 21 | | (iv) the law enforcement officer may request an | 22 | | informal conference to surrender the officer's | 23 | | certification. | 24 | | (2) The Board shall send the law enforcement officer | 25 | | notice of the default order. The notice shall state that | 26 | | the officer has 30 days to notify the Board in writing of |
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| 1 | | their desire to have the order vacated and to appear | 2 | | before the Board. If the law enforcement officer does not | 3 | | notify the Board within 30 days, the Board may set the | 4 | | matter for hearing. If the matter is set for hearing, the | 5 | | Board shall send the law enforcement officer the notice of | 6 | | the date, time and location of the hearing. If the law | 7 | | enforcement officer or counsel for the officer does | 8 | | appear, at the Board's discretion, the hearing may proceed | 9 | | or may be continued to a date and time agreed upon by all | 10 | | parties. If on the date of the hearing, neither the law | 11 | | enforcement officer nor counsel for the officer appears, | 12 | | the Board may proceed with the hearing for default in | 13 | | their absence. | 14 | | (3) If the law enforcement officer fails to comply | 15 | | with paragraph (2), all of the allegations contained in | 16 | | the complaint shall be deemed admitted and the law | 17 | | enforcement officer shall be decertified if, by a majority | 18 | | vote of the panel, the conduct charged in the complaint is | 19 | | found to constitute sufficient grounds for decertification | 20 | | under this Act. Notice of the decertification decision may | 21 | | be served by personal delivery, by mail, or, at the | 22 | | discretion of the Board, by electronic means as adopted by | 23 | | rule to the address or email address specified by the law | 24 | | enforcement officer in the officer's last communication | 25 | | with the Board. Notice shall also be provided to the law | 26 | | enforcement officer's employing law enforcement agency. |
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| 1 | | (4) The Board, at the request of the law enforcement | 2 | | officer subject to the Formal Complaint, may suspend a | 3 | | hearing on a Formal Complaint for no more than one year if | 4 | | a concurrent criminal matter is pending. If the law | 5 | | enforcement officer requests to have the hearing | 6 | | suspended, the law enforcement officer's certification | 7 | | shall be deemed inactive until the law enforcement | 8 | | officer's Formal Complaint hearing concludes. The Board or | 9 | | the law enforcement officer may request to have the | 10 | | hearing suspended for up to 6 additional months for good | 11 | | cause. This request may be renewed. For purposes of this | 12 | | paragraph (4), "good cause" means an incident or | 13 | | occurrence that is beyond the control of the requester and | 14 | | that prevents the hearing from occurring, or holding the | 15 | | hearing would impose an undue hardship or prejudice on the | 16 | | requester. | 17 | | (5) Surrender of certification or waiver. Upon the | 18 | | Board's issuance of a complaint, and prior to hearing on | 19 | | the matter, a law enforcement officer may choose to | 20 | | surrender the officer's certification or waiver by | 21 | | notifying the Board in writing of the officer's decision | 22 | | to do so. Upon receipt of such notification from the law | 23 | | enforcement officer, the Board shall immediately decertify | 24 | | the officer, or revoke any waiver previously granted. In | 25 | | the case of a surrender of certification or waiver, the | 26 | | Board's proceeding shall terminate. |
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| 1 | | (6) Appointment of administrative law judges. The | 2 | | Board shall retain any attorney licensed to practice law | 3 | | in the State of Illinois to serve as an administrative law | 4 | | judge in any action involving a law enforcement officer | 5 | | under this Act. The administrative law judge shall be | 6 | | retained to a term of no greater than 4 years. If more than | 7 | | one judge is retained, the terms shall be staggered. The | 8 | | administrative law judge has full authority to conduct the | 9 | | hearings. | 10 | | Administrative law judges will receive initial and | 11 | | annual training that is adequate in quality, quantity, | 12 | | scope, and type, and will cover, at minimum the following | 13 | | topics: | 14 | | (i) constitutional and other relevant law on | 15 | | police-community encounters, including the law on the | 16 | | use of force and stops, searches, and arrests; | 17 | | (ii) police tactics; | 18 | | (iii) investigations of police conduct; | 19 | | (iv) impartial policing; | 20 | | (v) policing individuals in crisis; | 21 | | (vi) Illinois police policies, procedures, and | 22 | | disciplinary rules; | 23 | | (vii) procedural justice; and | 24 | | (viii) community outreach. | 25 | | The Board shall determine the content and extent of | 26 | | the training within the scope provided for by this |
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| 1 | | subsection. | 2 | | (7) Hearing. At the hearing, the administrative law | 3 | | judge will hear the allegations alleged in the complaint. | 4 | | The law enforcement officer, the counsel of the officer's | 5 | | choosing, and the Board, or the officer's counsel, shall | 6 | | be afforded the opportunity to present any pertinent | 7 | | statements, testimony, evidence, and arguments. The law | 8 | | enforcement officer shall be afforded the opportunity to | 9 | | request that the Board compel the attendance of witnesses | 10 | | and production of related documents. After the conclusion | 11 | | of the hearing, the administrative law judge shall report | 12 | | any findings of fact, conclusions of law, and recommended | 13 | | disposition to the Panel. If the law enforcement officer | 14 | | objects to any procedural or substantive legal portion of | 15 | | the report, the officer may do so by written brief filed | 16 | | with the Panel within 14 days after receipt of the report. | 17 | | The Panel may grant reasonable extensions for good cause | 18 | | shown or when mutually agreed upon by the parties. | 19 | | No later than 28 days before the hearing, a party | 20 | | shall disclose the following: | 21 | | (i) The name and, if known, the address and | 22 | | telephone number of each individual likely to have | 23 | | information relevant to the hearing that the | 24 | | disclosing party may use to support its claims or | 25 | | defenses. This includes, but is not limited to, any | 26 | | name that has previously been held as confidential by |
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| 1 | | the Board. | 2 | | (ii) A copy of any documents and videos that are in | 3 | | the possession, custody, or control of the party, and | 4 | | that the disclosing party may use to support its | 5 | | claims or defenses. | 6 | | (8) Certification Review Meeting. Upon receipt of the | 7 | | administrative law judge's findings of fact, conclusions | 8 | | of law, and recommended disposition, and any submitted | 9 | | objections from the law enforcement officer, the Panel | 10 | | shall call for a certification review meeting. | 11 | | In such a meeting, the Panel may adjourn into a closed | 12 | | conference for the purposes of deliberating on the | 13 | | evidence presented during the hearing. In closed | 14 | | conference, the Panel shall consider the hearing officer's | 15 | | findings of fact, conclusions of law, and recommended | 16 | | disposition and may deliberate on all evidence and | 17 | | testimony received and may consider the weight and | 18 | | credibility to be given to the evidence received. No new | 19 | | or additional evidence may be presented to the Panel. | 20 | | After concluding its deliberations, the Panel shall | 21 | | convene in open session for its consideration of the | 22 | | matter. If a simple majority of the Panel finds that no | 23 | | allegations in the complaint supporting one or more | 24 | | charges of misconduct are proven by clear and convincing | 25 | | evidence, then the Panel shall recommend to the Board that | 26 | | the complaint be dismissed. If a simple majority of the |
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| 1 | | Panel finds that the allegations in the complaint | 2 | | supporting one or more charges of misconduct are proven by | 3 | | clear and convincing evidence, then the Panel shall | 4 | | recommend to the Board to decertify the officer. The Panel | 5 | | shall prepare a summary report as soon as practicable | 6 | | after the completion of the meeting including the | 7 | | following: the hearing officer's findings of fact, | 8 | | conclusions of law, recommended disposition, and the | 9 | | Panel's order. | 10 | | (9) Final action by the Board. After receiving the | 11 | | Panel's recommendations and any objections by the law | 12 | | enforcement officer, and after due consideration of the | 13 | | Panel's recommendations, the Board, by majority vote, | 14 | | shall issue a final decision to decertify the law | 15 | | enforcement officer or take no action in regard to the law | 16 | | enforcement officer. No new or additional evidence may be | 17 | | presented to the Board. If the Board makes a final | 18 | | decision contrary to the recommendations of the Panel, the | 19 | | Board shall set forth in its final written decision the | 20 | | specific written reasons for not following the Panel's | 21 | | recommendations. A copy of the Board's final decision | 22 | | shall be served upon the law enforcement officer by the | 23 | | Board, either personally or as provided in this Act for | 24 | | the service of a notice of hearing. A copy of the Board's | 25 | | final decision also shall be delivered to the last | 26 | | employing law enforcement agency, the complainant, and the |
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| 1 | | Panel. | 2 | | (10) Reconsideration of the Board's Decision. Within | 3 | | 30 days after service of the Board's final decision, the | 4 | | Panel or the law enforcement officer may file a written | 5 | | motion for reconsideration with the Review Committee. The | 6 | | motion for reconsideration shall specify the particular | 7 | | grounds for reconsideration. The non-moving party may | 8 | | respond to the motion for reconsideration. The Review | 9 | | Committee shall only address the issues raised by the | 10 | | parties. | 11 | | The Review Committee may deny the motion for | 12 | | reconsideration, or it may grant the motion in whole or in | 13 | | part and issue a new final decision in the matter. The | 14 | | Review Committee must notify the law enforcement officer | 15 | | and their last employing law enforcement agency within 14 | 16 | | days of a denial and state the reasons for denial. | 17 | | (i) This Section applies to conduct by a full-time or | 18 | | part-time law enforcement officer in violation of subsection | 19 | | (b) that occurred before, on, or after the effective date of | 20 | | this amendatory Act of the 102nd General Assembly. | 21 | | (j) Notwithstanding any provision of law to the contrary, | 22 | | the changes made to this Section by this amendatory Act of the | 23 | | 102nd General Assembly and Public Act 101-652 take effect July | 24 | | 1, 2022. | 25 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) |
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| 1 | | (50 ILCS 705/6.6) | 2 | | Sec. 6.6. Administrative Review Law; application. | 3 | | (a) All final administrative decisions by the Board or any | 4 | | committee, including the Certification Review Panel, regarding | 5 | | review of waivers of appeals or discretionary decertification | 6 | | of the Board are subject to judicial review under the | 7 | | Administrative Review Law and its rules. The term | 8 | | "administrative decision" is defined in Section 3-101 of the | 9 | | Code of Civil Procedure. | 10 | | (b) Proceedings for judicial review shall be commenced in | 11 | | Sangamon County or Cook County. | 12 | | (Source: P.A. 101-652, eff. 1-1-22 .) | 13 | | (50 ILCS 705/6.7) | 14 | | Sec. 6.7. Certification and decertification procedures | 15 | | under Act exclusive. Notwithstanding any other law, the | 16 | | certification and decertification procedures, including the | 17 | | conduct of any investigation or hearing, under this Act are | 18 | | the sole and exclusive procedures for certification as law | 19 | | enforcement officers in Illinois and are not subject to | 20 | | collective bargaining under the Illinois Public Labor | 21 | | Relations Act or appealable except as set forth herein. The | 22 | | provisions of any collective bargaining agreement adopted by a | 23 | | law enforcement agency and covering the law enforcement | 24 | | officer or officers under investigation shall be inapplicable | 25 | | to any investigation or hearing conducted under this Act. |
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| 1 | | An individual has no property interest in law enforcement | 2 | | certification at the time of initial certification or at any | 3 | | time thereafter, including, but not limited to, after | 4 | | decertification or after the officer's certification has been | 5 | | deemed inactive. However, before taking any action to | 6 | | decertify an officer, whether automatic decertification, | 7 | | discretionary decertification, or lateral hire, the Board must | 8 | | provide the officer with notice and an opportunity to be heard | 9 | | by the Certification Review Panel, if requested. Nothing in | 10 | | this Act shall be construed to create a requirement that a law | 11 | | enforcement agency shall continue to employ a law enforcement | 12 | | officer who has been decertified. | 13 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | 14 | | (50 ILCS 705/7) | 15 | | Sec. 7. Rules and standards for schools. The Board shall | 16 | | adopt rules and minimum standards for such schools which shall | 17 | | include, but not be limited to, the following: | 18 | | a. The curriculum for probationary law enforcement | 19 | | officers which shall be offered by all certified schools | 20 | | shall include, but not be limited to, courses of | 21 | | procedural justice, arrest and use and control tactics, | 22 | | search and seizure, including temporary questioning, civil | 23 | | rights, human rights, human relations, cultural | 24 | | competency, including implicit bias and racial and ethnic | 25 | | sensitivity, criminal law, law of criminal procedure, |
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| 1 | | constitutional and proper use of law enforcement | 2 | | authority, crisis intervention training, vehicle and | 3 | | traffic law including uniform and non-discriminatory | 4 | | enforcement of the Illinois Vehicle Code, traffic control | 5 | | and crash investigation, techniques of obtaining physical | 6 | | evidence, court testimonies, statements, reports, firearms | 7 | | training, training in the use of electronic control | 8 | | devices, including the psychological and physiological | 9 | | effects of the use of those devices on humans, first-aid | 10 | | (including cardiopulmonary resuscitation), training in the | 11 | | administration of opioid antagonists as defined in | 12 | | paragraph (1) of subsection (e) of Section 5-23 of the | 13 | | Substance Use Disorder Act, handling of juvenile | 14 | | offenders, recognition of mental conditions and crises, | 15 | | including, but not limited to, the disease of addiction, | 16 | | which require immediate assistance and response and | 17 | | methods to safeguard and provide assistance to a person in | 18 | | need of mental treatment, recognition of abuse, neglect, | 19 | | financial exploitation, and self-neglect of adults with | 20 | | disabilities and older adults, as defined in Section 2 of | 21 | | the Adult Protective Services Act, crimes against the | 22 | | elderly, law of evidence, the hazards of high-speed police | 23 | | vehicle chases with an emphasis on alternatives to the | 24 | | high-speed chase, and physical training. The curriculum | 25 | | shall include specific training in techniques for | 26 | | immediate response to and investigation of cases of |
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| 1 | | domestic violence and of sexual assault of adults and | 2 | | children, including cultural perceptions and common myths | 3 | | of sexual assault and sexual abuse as well as interview | 4 | | techniques that are age sensitive and are trauma informed, | 5 | | victim centered, and victim sensitive. The curriculum | 6 | | shall include training in techniques designed to promote | 7 | | effective communication at the initial contact with crime | 8 | | victims and ways to comprehensively explain to victims and | 9 | | witnesses their rights under the Rights of Crime Victims | 10 | | and Witnesses Act and the Crime Victims Compensation Act. | 11 | | The curriculum shall also include training in effective | 12 | | recognition of and responses to stress, trauma, and | 13 | | post-traumatic stress experienced by law enforcement | 14 | | officers that is consistent with Section 25 of the | 15 | | Illinois Mental Health First Aid Training Act in a peer | 16 | | setting, including recognizing signs and symptoms of | 17 | | work-related cumulative stress, issues that may lead to | 18 | | suicide, and solutions for intervention with peer support | 19 | | resources. The curriculum shall include a block of | 20 | | instruction addressing the mandatory reporting | 21 | | requirements under the Abused and Neglected Child | 22 | | Reporting Act. The curriculum shall also include a block | 23 | | of instruction aimed at identifying and interacting with | 24 | | persons with autism and other developmental or physical | 25 | | disabilities, reducing barriers to reporting crimes | 26 | | against persons with autism, and addressing the unique |
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| 1 | | challenges presented by cases involving victims or | 2 | | witnesses with autism and other developmental | 3 | | disabilities. The curriculum shall include training in the | 4 | | detection and investigation of all forms of human | 5 | | trafficking. The curriculum shall also include instruction | 6 | | in trauma-informed responses designed to ensure the | 7 | | physical safety and well-being of a child of an arrested | 8 | | parent or immediate family member; this instruction must | 9 | | include, but is not limited to: (1) understanding the | 10 | | trauma experienced by the child while maintaining the | 11 | | integrity of the arrest and safety of officers, suspects, | 12 | | and other involved individuals; (2) de-escalation tactics | 13 | | that would include the use of force when reasonably | 14 | | necessary; and (3) inquiring whether a child will require | 15 | | supervision and care. The curriculum for probationary law | 16 | | enforcement officers shall include: (1) at least 12 hours | 17 | | of hands-on, scenario-based role-playing; (2) at least 6 | 18 | | hours of instruction on use of force techniques, including | 19 | | the use of de-escalation techniques to prevent or reduce | 20 | | the need for force whenever safe and feasible; (3) | 21 | | specific training on officer safety techniques, including | 22 | | cover, concealment, and time; and (4) at least 6 hours of | 23 | | training focused on high-risk traffic stops. The | 24 | | curriculum for permanent law enforcement officers shall | 25 | | include, but not be limited to: (1) refresher and | 26 | | in-service training in any of the courses listed above in |
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| 1 | | this subparagraph, (2) advanced courses in any of the | 2 | | subjects listed above in this subparagraph, (3) training | 3 | | for supervisory personnel, and (4) specialized training in | 4 | | subjects and fields to be selected by the board. The | 5 | | training in the use of electronic control devices shall be | 6 | | conducted for probationary law enforcement officers, | 7 | | including University police officers. The curriculum shall | 8 | | also include training on the use of a firearms restraining | 9 | | order by providing instruction on the process used to file | 10 | | a firearms restraining order and how to identify | 11 | | situations in which a firearms restraining order is | 12 | | appropriate. | 13 | | b. Minimum courses of study, attendance requirements | 14 | | and equipment requirements. | 15 | | c. Minimum requirements for instructors. | 16 | | d. Minimum basic training requirements, which a | 17 | | probationary law enforcement officer must satisfactorily | 18 | | complete before being eligible for permanent employment as | 19 | | a local law enforcement officer for a participating local | 20 | | governmental or State governmental agency. Those | 21 | | requirements shall include training in first aid | 22 | | (including cardiopulmonary resuscitation). | 23 | | e. Minimum basic training requirements, which a | 24 | | probationary county corrections officer must | 25 | | satisfactorily complete before being eligible for | 26 | | permanent employment as a county corrections officer for a |
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| 1 | | participating local governmental agency. | 2 | | f. Minimum basic training requirements which a | 3 | | probationary court security officer must satisfactorily | 4 | | complete before being eligible for permanent employment as | 5 | | a court security officer for a participating local | 6 | | governmental agency. The Board shall establish those | 7 | | training requirements which it considers appropriate for | 8 | | court security officers and shall certify schools to | 9 | | conduct that training. | 10 | | A person hired to serve as a court security officer | 11 | | must obtain from the Board a certificate (i) attesting to | 12 | | the officer's successful completion of the training | 13 | | course; (ii) attesting to the officer's satisfactory | 14 | | completion of a training program of similar content and | 15 | | number of hours that has been found acceptable by the | 16 | | Board under the provisions of this Act; or (iii) attesting | 17 | | to the Board's determination that the training course is | 18 | | unnecessary because of the person's extensive prior law | 19 | | enforcement experience. | 20 | | Individuals who currently serve as court security | 21 | | officers shall be deemed qualified to continue to serve in | 22 | | that capacity so long as they are certified as provided by | 23 | | this Act within 24 months of June 1, 1997 (the effective | 24 | | date of Public Act 89-685). Failure to be so certified, | 25 | | absent a waiver from the Board, shall cause the officer to | 26 | | forfeit his or her position. |
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| 1 | | All individuals hired as court security officers on or | 2 | | after June 1, 1997 (the effective date of Public Act | 3 | | 89-685) shall be certified within 12 months of the date of | 4 | | their hire, unless a waiver has been obtained by the | 5 | | Board, or they shall forfeit their positions. | 6 | | The Sheriff's Merit Commission, if one exists, or the | 7 | | Sheriff's Office if there is no Sheriff's Merit | 8 | | Commission, shall maintain a list of all individuals who | 9 | | have filed applications to become court security officers | 10 | | and who meet the eligibility requirements established | 11 | | under this Act. Either the Sheriff's Merit Commission, or | 12 | | the Sheriff's Office if no Sheriff's Merit Commission | 13 | | exists, shall establish a schedule of reasonable intervals | 14 | | for verification of the applicants' qualifications under | 15 | | this Act and as established by the Board. | 16 | | g. (Blank). Minimum in-service training requirements, | 17 | | which a law enforcement officer must satisfactorily | 18 | | complete every 3 years. Those requirements shall include | 19 | | constitutional and proper use of law enforcement | 20 | | authority, procedural justice, civil rights, human rights, | 21 | | reporting child abuse and neglect, and cultural | 22 | | competency, including implicit bias and racial and ethnic | 23 | | sensitivity. These trainings shall consist of at least 30 | 24 | | hours of training every 3 years. | 25 | | h. (Blank). Minimum in-service training requirements, | 26 | | which a law enforcement officer must satisfactorily |
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| 1 | | complete at least annually. Those requirements shall | 2 | | include law updates, emergency medical response training | 3 | | and certification, crisis intervention training, and | 4 | | officer wellness and mental health. | 5 | | i. (Blank). Minimum in-service training requirements | 6 | | as set forth in Section 10.6. | 7 | | Notwithstanding any provision of law to the contrary, the | 8 | | changes made to this Section by Public Act 101-652, Public Act | 9 | | 102-28, and Public Act 102-694 take effect July 1, 2022. | 10 | | (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; | 11 | | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. | 12 | | 7-1-23; 103-154, eff. 6-30-23.) | 13 | | (50 ILCS 705/7.9 new) | 14 | | Sec. 7.9. System for the development, delivery, and | 15 | | tracking of in-service training courses. | 16 | | (a) The Board shall establish a system for the | 17 | | development, delivery, and tracking of in-service training | 18 | | courses. The Board may designate any training to be delivered | 19 | | electronically as appropriate unless otherwise determined in | 20 | | the Act. The content for these courses shall include, but not | 21 | | be limited to: | 22 | | (1) refresher and in-service training in any of the | 23 | | courses listed in subsection (b); | 24 | | (2) advanced courses in any of the subjects listed in | 25 | | subsection (b); |
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| 1 | | (3) training for supervisory personnel; and | 2 | | (4) specialized training in subjects and fields to be | 3 | | selected by the Board. | 4 | | (b) The Board shall establish minimum in-service training | 5 | | requirements that a police officer must satisfactorily | 6 | | complete. Mandatory training shall be completed every 3 years. | 7 | | Beginning January 1, 2026, the training shall consist of at | 8 | | least 40 hours of training over a 3-year period and shall | 9 | | include the topics described in this subsection. Training | 10 | | designated in other statutes shall be incorporated into this | 11 | | Section and shall be governed by the conditions of this | 12 | | Section. Any training conducted in the 3 years prior to the | 13 | | first reporting shall satisfy the requirements under this | 14 | | Section. The training shall provide officers with knowledge of | 15 | | policies and laws regulating the use of force; equip officers | 16 | | with tactics and skills, including de-escalation techniques, | 17 | | to prevent or reduce the need to use force or, when force must | 18 | | be used, to use force that is objectively reasonable, | 19 | | necessary, and proportional under the totality of the | 20 | | circumstances; and ensure appropriate supervision and | 21 | | accountability. The training shall also include training in | 22 | | the following: | 23 | | (1) specific instruction on use of force techniques, | 24 | | including the use of de-escalation techniques to prevent | 25 | | or reduce the need for force whenever safe and feasible, | 26 | | including scenario-based training that can be delivered |
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| 1 | | in-person or virtually; | 2 | | (2) specific training focused on high-risk traffic | 3 | | stops; | 4 | | (3) specific training on the law concerning stops, | 5 | | searches, and the use of force under the Fourth Amendment | 6 | | of the United States Constitution; | 7 | | (4) specific training on officer safety techniques, | 8 | | including cover, concealment, and time; | 9 | | (5) cultural competency, including implicit bias and | 10 | | racial and ethnic sensitivity; | 11 | | (6) constitutional and proper use of law enforcement | 12 | | authority; | 13 | | (7) procedural justice; | 14 | | (8) civil rights; | 15 | | (9) human rights; | 16 | | (10) trauma informed response to sexual assault; | 17 | | (11) reporting child abuse and neglect; | 18 | | (12) the psychology of domestic violence; | 19 | | (13) law updates; | 20 | | (14) emergency medical response; | 21 | | (15) crisis intervention; | 22 | | (16) officer wellness and mental health; and | 23 | | (17) firearms restraining order training, including | 24 | | training in firearms restraining orders, how to identify | 25 | | situations in which a firearms restraining order is | 26 | | appropriate, and how to safely promote the usage of the |
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| 1 | | firearms restraining order in different situations. | 2 | | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) | 3 | | Sec. 8.1. Full-time law enforcement and county corrections | 4 | | officers. | 5 | | (a) No person shall receive a permanent appointment as a | 6 | | law enforcement officer or a permanent appointment as a county | 7 | | corrections officer unless that person has been awarded, | 8 | | within 6 months of the officer's initial full-time employment, | 9 | | a certificate attesting to the officer's successful completion | 10 | | of the Minimum Standards Basic Law Enforcement or County | 11 | | Correctional Training Course as prescribed by the Board; or | 12 | | has been awarded a certificate attesting to the officer's | 13 | | satisfactory completion of a training program of similar | 14 | | content and number of hours and which course has been found | 15 | | acceptable by the Board under the provisions of this Act; or a | 16 | | training waiver by reason of prior law enforcement or county | 17 | | corrections experience, obtained in Illinois, in any other | 18 | | state, or with an agency of the federal government, the basic | 19 | | training requirement is determined by the Board to be | 20 | | illogical and unreasonable. A law enforcement agency may | 21 | | submit a waiver request for a prospective employee before | 22 | | making a conditional offer. A waiver request and decision for | 23 | | an out-of-state officer shall be completed prior to a | 24 | | conditional offer. A prospective officer may be granted a | 25 | | waiver prior to accepting a position. Agencies seeking a |
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| 1 | | reciprocity waiver for training completed outside of Illinois | 2 | | must conduct a thorough background check and provide | 3 | | verification of the officer's prior training. After review and | 4 | | satisfaction of all requested conditions, the officer shall be | 5 | | awarded an equivalency certificate satisfying the requirements | 6 | | of this Section. Within 60 days after the effective date of | 7 | | this amendatory Act of the 103rd General Assembly, the Board | 8 | | shall adopt uniform rules providing for a waiver process for a | 9 | | person previously employed and qualified as a law enforcement | 10 | | or county corrections officer under federal law or the laws of | 11 | | any other state, or who has completed a basic law enforcement | 12 | | officer or correctional officer academy who would be qualified | 13 | | to be employed as a law enforcement officer or correctional | 14 | | officer by the federal government or any other state. These | 15 | | rules shall address the process for evaluating prior training | 16 | | credit, a description and list of the courses typically | 17 | | required for reciprocity candidates to complete prior to | 18 | | taking the exam, and a procedure for employers seeking a | 19 | | pre-activation determination for a reciprocity training | 20 | | waiver. The rules shall provide that any eligible person | 21 | | previously trained as a law enforcement or county corrections | 22 | | officer under federal law or the laws of any other state shall | 23 | | successfully complete the following prior to the approval of a | 24 | | waiver: | 25 | | (1) a training program or set of coursework approved | 26 | | by the Board on the laws of this State relevant to the |
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| 1 | | duties and training requirements of law enforcement and | 2 | | county correctional officers; | 3 | | (2) firearms training; and | 4 | | (3) successful passage of the equivalency | 5 | | certification examination. | 6 | | Upon receiving final notification from the Board on | 7 | | training required for any waiver, the employing agency shall | 8 | | ensure all necessary training is completed within 6 months of | 9 | | the training being available. If such training is required and | 10 | | not completed within the applicable 6 months, then the officer | 11 | | must forfeit the officer's position, or the employing agency | 12 | | must obtain a waiver from the Board extending the period for | 13 | | compliance. Such waiver shall be issued only for good and | 14 | | justifiable reasons, and in no case shall extend more than 90 | 15 | | days beyond the initial 6 months. Any hiring agency that fails | 16 | | to train a law enforcement officer within this period shall be | 17 | | prohibited from employing this individual in a law enforcement | 18 | | capacity for one year from the date training was to be | 19 | | completed. If an agency again fails to train the individual a | 20 | | second time, the agency shall be permanently barred from | 21 | | employing this individual in a law enforcement capacity. | 22 | | An individual who is not certified by the Board or whose | 23 | | certified status is inactive shall not function as a law | 24 | | enforcement officer, be assigned the duties of a law | 25 | | enforcement officer by an employing agency, or be authorized | 26 | | to carry firearms under the authority of the employer, except |
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| 1 | | as otherwise authorized to carry a firearm under State or | 2 | | federal law. Sheriffs who are elected as of January 1, 2022 | 3 | | (the effective date of Public Act 101-652) are exempt from the | 4 | | requirement of certified status. Failure to be certified in | 5 | | accordance with this Act shall cause the officer to forfeit | 6 | | the officer's position. | 7 | | An employing agency may not grant a person status as a law | 8 | | enforcement officer unless the person has been granted an | 9 | | active law enforcement officer certification by the Board. | 10 | | (b) Inactive status. A person who has an inactive law | 11 | | enforcement officer certification has no law enforcement | 12 | | authority. | 13 | | (1) A law enforcement officer's certification becomes | 14 | | inactive upon termination, resignation, retirement, or | 15 | | separation from the officer's employing law enforcement | 16 | | agency for any reason unless there is less than a 24-month | 17 | | break in service between law enforcement agencies . The | 18 | | Board shall re-activate a certification upon written | 19 | | application from the law enforcement officer's law | 20 | | enforcement agency that shows the law enforcement officer: | 21 | | (i) has accepted a full-time law enforcement position with | 22 | | that law enforcement agency, (ii) is not the subject of a | 23 | | decertification proceeding, and (iii) meets all other | 24 | | criteria for re-activation required by the Board. The | 25 | | Board may also establish special training requirements to | 26 | | be completed as a condition for re-activation. However, an |
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| 1 | | officer with less than a 24-month break in service will | 2 | | not require reactivation and his waiver request could be | 3 | | reviewed under subsection (a). | 4 | | The Board shall review a notice for reactivation from | 5 | | a law enforcement agency and provide a response within 30 | 6 | | days. The Board may extend this review. A law enforcement | 7 | | officer shall be allowed to be employed as a full-time law | 8 | | enforcement officer while the law enforcement officer | 9 | | reactivation waiver is under review. | 10 | | A law enforcement officer who is refused reactivation | 11 | | or an employing agency of a law enforcement officer who is | 12 | | refused reactivation under this Section may request a | 13 | | hearing in accordance with the hearing procedures as | 14 | | outlined in subsection (h) of Section 6.3 of this Act. | 15 | | The Board may refuse to re-activate the certification | 16 | | of a law enforcement officer who was involuntarily | 17 | | terminated for good cause by an employing agency for | 18 | | conduct subject to decertification under this Act or | 19 | | resigned or retired after receiving notice of a law | 20 | | enforcement agency's investigation. | 21 | | (2) A law enforcement agency may place an officer who | 22 | | is currently certified on inactive status by sending a | 23 | | written request to the Board. A law enforcement officer | 24 | | whose certificate has been placed on inactive status shall | 25 | | not function as a law enforcement officer until the | 26 | | officer has completed any requirements for reactivating |
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| 1 | | the certificate as required by the Board. A request for | 2 | | inactive status in this subsection shall be in writing, | 3 | | accompanied by verifying documentation, and shall be | 4 | | submitted to the Board with a copy to the chief | 5 | | administrator of the law enforcement officer's current or | 6 | | new employing agency. | 7 | | (3) Certification that has become inactive under | 8 | | paragraph (2) of this subsection (b) shall be reactivated | 9 | | by written notice from the law enforcement officer's | 10 | | agency upon a showing that the law enforcement officer: | 11 | | (i) is employed in a full-time law enforcement position | 12 | | with the same law enforcement agency, (ii) is not the | 13 | | subject of a decertification proceeding, and (iii) meets | 14 | | all other criteria for re-activation required by the | 15 | | Board. | 16 | | (4) Notwithstanding paragraph (3) of this subsection | 17 | | (b), a law enforcement officer whose certification has | 18 | | become inactive under paragraph (2) may have the officer's | 19 | | employing agency submit a request for a waiver of training | 20 | | requirements to the Board in writing and accompanied by | 21 | | any verifying documentation. A grant of a waiver is within | 22 | | the discretion of the Board. Within 7 days of receiving a | 23 | | request for a waiver under this Section, the Board shall | 24 | | notify the law enforcement officer and the chief | 25 | | administrator of the law enforcement officer's employing | 26 | | agency, whether the request has been granted, denied, or |
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| 1 | | if the Board will take additional time for information. A | 2 | | law enforcement agency whose request for a waiver under | 3 | | this subsection is denied is entitled to request a review | 4 | | of the denial by the Board. The law enforcement agency | 5 | | must request a review within 20 days of the waiver being | 6 | | denied. The burden of proof shall be on the law | 7 | | enforcement agency to show why the law enforcement officer | 8 | | is entitled to a waiver of the legislatively required | 9 | | training and eligibility requirements. | 10 | | (c) No provision of this Section shall be construed to | 11 | | mean that a county corrections officer employed by a | 12 | | governmental agency at the time of the effective date of this | 13 | | amendatory Act, either as a probationary county corrections | 14 | | officer or as a permanent county corrections officer, shall | 15 | | require certification under the provisions of this Section. No | 16 | | provision of this Section shall be construed to apply to | 17 | | certification of elected county sheriffs. | 18 | | (d) Within 14 days, a law enforcement officer shall report | 19 | | to the Board: (1) any name change; (2) any change in | 20 | | employment; or (3) the filing of any criminal indictment or | 21 | | charges against the officer alleging that the officer | 22 | | committed any offense as enumerated in Section 6.1 of this | 23 | | Act. | 24 | | (e) All law enforcement officers must report the | 25 | | completion of the training requirements required in this Act | 26 | | in compliance with Section 8.4 of this Act. |
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| 1 | | (e-1) Each employing law enforcement agency shall allow | 2 | | and provide an opportunity for a law enforcement officer to | 3 | | complete the mandated requirements in this Act. All mandated | 4 | | training shall be provided at no cost to the employees. | 5 | | Employees shall be paid for all time spent attending mandated | 6 | | training. | 7 | | (e-2) Each agency, academy, or training provider shall | 8 | | maintain proof of a law enforcement officer's completion of | 9 | | legislatively required training in a format designated by the | 10 | | Board. The report of training shall be submitted to the Board | 11 | | within 30 days following completion of the training. A copy of | 12 | | the report shall be submitted to the law enforcement officer. | 13 | | Upon receipt of a properly completed report of training, the | 14 | | Board will make the appropriate entry into the training | 15 | | records of the law enforcement officer. | 16 | | (f) This Section does not apply to part-time law | 17 | | enforcement officers or probationary part-time law enforcement | 18 | | officers. | 19 | | (g) Notwithstanding any provision of law to the contrary, | 20 | | the changes made to this Section by Public Act 101-652, Public | 21 | | Act 102-28, and Public Act 102-694 take effect July 1, 2022. | 22 | | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; | 23 | | 103-154, eff. 6-30-23; 103-389, eff. 1-1-24 .) | 24 | | (50 ILCS 705/8.4) | 25 | | Sec. 8.4. Law enforcement compliance verification. |
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| 1 | | (a)(1) Unless on inactive status under subsection (b) of | 2 | | Section 8.1 or subsection (b) of Section 8.2, every law | 3 | | enforcement agency officer subject to this Act shall annually | 4 | | submit a verification form for every law enforcement officer | 5 | | subject to this Act that confirms compliance with this Act. | 6 | | The verification shall apply to the 3 calendar years preceding | 7 | | the date of verification. Law enforcement officers shall | 8 | | submit the officer's first report by January 30 during the | 9 | | initial three-year reporting period, as determined on the | 10 | | basis of the law enforcement officer's last name under | 11 | | paragraph (2) of this subsection then every third year of the | 12 | | officer's applicable three-year report period as determined by | 13 | | the Board. At the conclusion of each law enforcement officer's | 14 | | applicable reporting period, the chief administrative officer | 15 | | of the officer's employer shall law enforcement agency is to | 16 | | determine the compliance with the training requirements of | 17 | | each officer under this Section . An officer must also may | 18 | | verify the officer's their successful completion of training | 19 | | requirements with the officer's their law enforcement agency. | 20 | | Each law enforcement officer is responsible for reporting and | 21 | | demonstrating compliance to the officer's chief administrative | 22 | | officer. | 23 | | (2) The applicable three-year reporting period shall begin | 24 | | on January 30, 2023 for law enforcement officers whose last | 25 | | names being with the letters A through G, on January 30, 2024 | 26 | | for law enforcement officers whose last names being with the |
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| 1 | | letters H through O, and January 30, 2025 for law enforcement | 2 | | officers whose last names being with the letters P through Z. | 3 | | (3) The compliance verification form shall be in a form | 4 | | and manner prescribed by the Board and, at a minimum, include | 5 | | the following: (i) verification that the law enforcement | 6 | | officer has completed the mandatory training programs in the | 7 | | preceding 3 years; (ii) the law enforcement officer's current | 8 | | employment information, including but not limited to, the | 9 | | termination of any previous law enforcement or security | 10 | | employment in the relevant time period; and (iii) a statement | 11 | | verifying that the officer has not committed misconduct under | 12 | | Section 6.1. | 13 | | (b) (1) On October 1 of each year, the Board shall send | 14 | | notice to all certified law enforcement officers and law | 15 | | enforcement agencies , unless exempted in (a), of the upcoming | 16 | | deadline to submit the compliance verification form. No later | 17 | | than March 1 of each year, the Board shall send notice to all | 18 | | certified law enforcement officers who have failed to submit | 19 | | the compliance verification form, as well as the officer's law | 20 | | enforcement agencies. The Board shall not send a notice of | 21 | | noncompliance to law enforcement officers whom the Board | 22 | | knows, based on the status of the law enforcement officer's | 23 | | certification status, are inactive or retired. The Board may | 24 | | accept compliance verification forms until April 1 of the year | 25 | | in which a law enforcement officer is required to submit the | 26 | | form. |
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| 1 | | (2) No earlier than April 1 of the year in which a law | 2 | | enforcement officer is required to submit a verification form, | 3 | | the Board may determine a law enforcement officer's | 4 | | certification to be inactive if the law enforcement officer | 5 | | failed to either: (1) submit a compliance verification in | 6 | | accordance with this Section; or (2) report an exemption from | 7 | | the requirements of this Section. The Board shall then send | 8 | | notice, by mail or email, to any such law enforcement officer | 9 | | and the officer's law enforcement agency that the officer's | 10 | | certificate will be deemed inactive on the date specified in | 11 | | the notice, which shall be no sooner than 21 days from the date | 12 | | of the notice, because of the officer's failure to comply or | 13 | | report compliance, or failure to report an exemption. The | 14 | | Board shall deem inactive the certificate of such law | 15 | | enforcement officers on the date specified in the notice | 16 | | unless the Board determines before that date that the law | 17 | | enforcement officer has complied. A determination that a | 18 | | certificate is inactive under this section is not a | 19 | | disciplinary sanction. | 20 | | (3) A law enforcement officer who was on inactive status | 21 | | shall, upon return to active status, be required to complete | 22 | | the deferred training programs within 1 year. | 23 | | (4) The Board may waive the reporting requirements, as | 24 | | required in this section, if the law enforcement officer or | 25 | | the officer's law enforcement agency demonstrates the | 26 | | existence of mitigating circumstances justifying the law |
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| 1 | | enforcement officer's failure to obtain the training | 2 | | requirements due to failure of the officer's law enforcement | 3 | | agency or the Board to offer the training requirement during | 4 | | the officer's required compliance verification period. If the | 5 | | Board finds that the law enforcement officer can meet the | 6 | | training requirements with extended time, the Board may allow | 7 | | the law enforcement officer a maximum of six additional months | 8 | | to complete the requirements. | 9 | | (5) A request for a training waiver under this subsection | 10 | | due to the mitigating circumstance shall be in writing, | 11 | | accompanied by verifying documentation, and shall be submitted | 12 | | to the Board not less than 30 days before the end of the law | 13 | | enforcement officer's required compliance verification period. | 14 | | (6) A law enforcement officer whose request for waiver | 15 | | under this subsection is denied, is entitled to a request for a | 16 | | review by the Board. The law enforcement officer or the | 17 | | officer's law enforcement agency must request a review within | 18 | | 20 days after the waiver being denied. The burden of proof | 19 | | shall be on the law enforcement officer to show why the officer | 20 | | is entitled to a waiver. | 21 | | (c) Recordkeeping and audits. | 22 | | (1) For four years after the end of each reporting | 23 | | period, each certified law enforcement officer shall | 24 | | maintain sufficient documentation necessary to corroborate | 25 | | compliance with the mandatory training requirements under | 26 | | this Act. |
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| 1 | | (2) Notwithstanding any other provision in state law, | 2 | | for four years after the end of each reporting period, | 3 | | each law enforcement agency shall maintain sufficient | 4 | | documentation necessary to corroborate compliance with the | 5 | | mandatory training requirements under this Act of each | 6 | | officer it employs or employed within the relevant time | 7 | | period. | 8 | | (3) The Board may audit compliance verification forms | 9 | | submitted to determine the accuracy of the submissions. | 10 | | The audit may include but is not limited to, training | 11 | | verification and a law enforcement officer background | 12 | | check. | 13 | | (d) Audits that reveal an inaccurate verification. | 14 | | (1) If an audit conducted under paragraph (3) of | 15 | | subsection (c) of this Section reveals inaccurate | 16 | | information, the Board shall provide the law enforcement | 17 | | officer and employing law enforcement agency with written | 18 | | notice containing: (i) the results of the audit, | 19 | | specifying each alleged inaccuracy; (ii) a summary of the | 20 | | basis of that determination; and (iii) a deadline, which | 21 | | shall be at least 30 days from the date of the notice, for | 22 | | the law enforcement officer to file a written response if | 23 | | the law enforcement officer objects to any of the contents | 24 | | of the notice. | 25 | | (2) After considering any response from the law | 26 | | enforcement officer, if the Board determines that the law |
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| 1 | | enforcement officer filed an inaccurate verification, the | 2 | | law enforcement officer shall be given 60 days in which to | 3 | | file an amended verification form, together with all | 4 | | documentation specified in paragraph (e)(1), demonstrating | 5 | | full compliance with the applicable requirements. | 6 | | (3) If the results of the audit suggest that the law | 7 | | enforcement officer willfully filed a false verification | 8 | | form, the Board shall submit a formal complaint to the | 9 | | Panel for decertification. An officer who has been | 10 | | decertified for willfully filing a false verification form | 11 | | shall not be eligible for reactivation under subsection | 12 | | (e). | 13 | | (e) Reactivation. A law enforcement officer who has been | 14 | | deemed inactive due to noncompliance with the reporting | 15 | | requirements under paragraph (a)(1) may request to have the | 16 | | Board re-activate his or her certification upon submitting a | 17 | | compliance verification form that shows full compliance for | 18 | | the period in which the law enforcement officer was deemed | 19 | | inactive due to noncompliance. The Board shall make a | 20 | | determination regarding a submission under this subsection | 21 | | active no later than 7 days after the Board determines full | 22 | | compliance or continued noncompliance. | 23 | | A law enforcement officer whose request for reactivation | 24 | | under this subsection (e) is denied is entitled to request a | 25 | | review by the Board. The law enforcement officer or the | 26 | | officer's law enforcement agency must request a review within |
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| 1 | | 20 days after reactivation being denied. The burden of proof | 2 | | shall be on the law enforcement officer or law enforcement | 3 | | agency to show that the officer is in full compliance. | 4 | | (f) Notwithstanding any provision of law to the contrary, | 5 | | the changes made to this Section by this amendatory Act of the | 6 | | 102nd General Assembly and Public Act 101-652 take effect July | 7 | | 1, 2022. | 8 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | 9 | | (50 ILCS 705/9.2) | 10 | | Sec. 9.2. Officer professional conduct database; | 11 | | transparency. | 12 | | (a) All law enforcement agencies and the Illinois State | 13 | | Police shall notify the Board of any final determination of a | 14 | | willful violation of department, agency, or the Illinois State | 15 | | Police policy, official misconduct, or violation of law within | 16 | | 10 days after all appeals are exhausted after a final decision | 17 | | is made when: | 18 | | (1) the determination leads to a suspension of at | 19 | | least 10 days; | 20 | | (2) (blank); any infraction that would trigger an | 21 | | official or formal investigation under a law enforcement | 22 | | agency or the Illinois State Police policy; | 23 | | (3) there is an allegation of misconduct or regarding | 24 | | truthfulness as to a material fact, bias, or integrity; or | 25 | | (4) the officer resigns or retires during the course |
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| 1 | | of a formal an investigation , as that term is defined | 2 | | under Section 2 of the Uniform Peace Officers' | 3 | | Disciplinary Act, and the officer has been served notice | 4 | | that the officer is under a formal investigation. | 5 | | Agencies and the Illinois State Police may report to the | 6 | | Board any conduct they deem appropriate to disseminate to | 7 | | another law enforcement agency regarding a law enforcement | 8 | | officer. | 9 | | The agency or the Illinois State Police shall report to | 10 | | the Board within 10 days of a final determination and final | 11 | | exhaustion of any administrative appeal, or the law | 12 | | enforcement officer's resignation or retirement, and shall | 13 | | provide information regarding the nature of the violation. | 14 | | This notification shall not necessarily trigger certification | 15 | | review. | 16 | | A law enforcement agency and the Illinois State Police | 17 | | shall be immune from liability for a disclosure made as | 18 | | described in this subsection, unless the disclosure would | 19 | | constitute intentional misrepresentation or gross negligence. | 20 | | (b) Within 14 days after receiving notification from a law | 21 | | enforcement agency or the Illinois State Police, the Board | 22 | | must notify the law enforcement officer of the report and the | 23 | | officer's right to provide a statement regarding the reported | 24 | | violation. The law enforcement officer shall have 14 days from | 25 | | receiving notice to provide a written objection contesting | 26 | | information included in the agency's report. The objection |
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| 1 | | must be filed with the Board on a form prescribed by the Board | 2 | | and a copy must be served on the law enforcement agency. The | 3 | | objection shall remain in the database with the reported | 4 | | violation. | 5 | | (c) The Board shall maintain a database readily available | 6 | | to any chief administrative officer, or the officer's | 7 | | designee, of a law enforcement agency and the Illinois State | 8 | | Police that shall show for each law enforcement officer: (i) | 9 | | dates of certification, decertification, and inactive status; | 10 | | (ii) each sustained instance of departmental misconduct that | 11 | | lead to a suspension at least 10 days or any infraction that | 12 | | would trigger an official or formal investigation under the | 13 | | law enforcement agency policy, any allegation of misconduct | 14 | | regarding truthfulness as to a material fact, bias, or | 15 | | integrity, or any other reported violation, the nature of the | 16 | | violation, the reason for the final decision of discharge or | 17 | | dismissal, and any statement provided by the officer; (iii) | 18 | | date of separation from employment from any local or state law | 19 | | enforcement agency; (iv) the reason for separation from | 20 | | employment, including, but not limited to: whether the | 21 | | separation was based on misconduct or occurred while the law | 22 | | enforcement agency was conducting an investigation of the | 23 | | certified individual for a violation of an employing agency's | 24 | | rules, policy or procedure or other misconduct or improper | 25 | | action. | 26 | | (1) This database shall also be accessible to the |
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| 1 | | State's Attorney of any county in this State and the | 2 | | Attorney General for the purpose of complying with | 3 | | obligations under Brady v. Maryland (373 U.S. 83) or | 4 | | Giglio v. United States (405 U.S. 150). This database | 5 | | shall also be accessible to the chief administrative | 6 | | officer of any law enforcement agency for the purposes of | 7 | | hiring law enforcement officers. This database shall not | 8 | | be accessible to anyone not listed in this subsection. | 9 | | (2) Before a law enforcement agency may appoint a law | 10 | | enforcement officer or a person seeking a certification as | 11 | | a law enforcement officer in this State, the chief | 12 | | administrative officer or designee must check the Officer | 13 | | Professional Conduct Database, contact each person's | 14 | | previous law enforcement employers, and document the | 15 | | contact. This documentation must be available for review | 16 | | by the Board for a minimum of five years after the law | 17 | | enforcement officer's termination, retirement, | 18 | | resignation or separation with that agency. | 19 | | (3) The database, documents, materials, or other | 20 | | information in the possession or control of the Board that | 21 | | are obtained by or disclosed to the Board under this | 22 | | subsection shall be confidential by law and privileged, | 23 | | shall not be subject to subpoena, and shall not be subject | 24 | | to discovery or admissible in evidence in any private | 25 | | civil action when sought from the Board. However, the | 26 | | Board is authorized to use such documents, materials, or |
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| 1 | | other information in furtherance of any regulatory or | 2 | | legal action brought as part of the Board's official | 3 | | duties. The Board shall not disclose the database or make | 4 | | such documents, materials, or other information it has | 5 | | obtained or that has been disclosed to it to the public. | 6 | | Neither the Board nor any person who received documents, | 7 | | materials or other information shared under this | 8 | | subsection shall be required to testify in any private | 9 | | civil action concerning the database or any confidential | 10 | | documents, materials, or information subject to this | 11 | | subsection. | 12 | | (d) The Board shall maintain a searchable database of law | 13 | | enforcement officers accessible to the public that shall | 14 | | include: (i) the law enforcement officer's employing agency; | 15 | | (ii) the date of the officer's initial certification and the | 16 | | officer's current certification status; and (iii) any | 17 | | sustained complaint of misconduct that resulted in | 18 | | decertification and the date thereof; provided, however, that | 19 | | information shall not be included in the database that would | 20 | | allow the public to ascertain the home address of an officer or | 21 | | another person; provided further, that information regarding | 22 | | an officer's or another person's family member shall not be | 23 | | included in the database. The Board shall make the database | 24 | | publicly available on its website. | 25 | | (e) The Board shall maintain a searchable database of all | 26 | | completed investigations against law enforcement officers |
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| 1 | | related to decertification. The database shall identify each | 2 | | law enforcement officer by a confidential and anonymous number | 3 | | and include: (i) the law enforcement officer's employing | 4 | | agency; (ii) the date of the incident referenced in the | 5 | | complaint; (iii) the location of the incident; (iv) the race | 6 | | and ethnicity of each officer involved in the incident; (v) | 7 | | the age, gender, race and ethnicity of each person involved in | 8 | | the incident, if known; (vi) whether a person in the | 9 | | complaint, including a law enforcement officer, was injured, | 10 | | received emergency medical care, was hospitalized or died as a | 11 | | result of the incident; (vii) the law enforcement agency or | 12 | | other entity assigned to conduct an investigation of the | 13 | | incident; (viii) when the investigation was completed; (ix) | 14 | | whether the complaint was sustained or not sustained or the | 15 | | officer was | | | exonerated ; and (x) the type of misconduct | 16 | | investigated; provided, however, that the Board shall redact | 17 | | or withhold such information as necessary to prevent the | 18 | | disclosure of the identity of an officer. The Board shall make | 19 | | the database publicly available on its website. | 20 | | (e-1) An investigation is complete when the investigation | 21 | | has either been terminated or the decertification action, | 22 | | including the administrative review process, has been | 23 | | completed, whichever is later. | 24 | | (e-2) At any time, a law enforcement officer shall have | 25 | | access to the law enforcement officer's own records on file | 26 | | with the Board, as it pertains to the databases in this |
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| 1 | | Section. | 2 | | (f) Annual report. The Board shall submit an annual report | 3 | | to the Governor, Attorney General, President and Minority | 4 | | Leader of the Senate, and the Speaker and Minority Leader of | 5 | | the House of Representatives on or before March 1, 2023, and | 6 | | every year thereafter indicating: | 7 | | (1) the number of complaints received in the preceding | 8 | | calendar year, including but not limited to the race, | 9 | | gender, and type of discretionary decertification | 10 | | complaints received; | 11 | | (2) the number of investigations initiated in the | 12 | | preceding calendar year since the date of the last report; | 13 | | (3) the number of investigations concluded in the | 14 | | preceding calendar year; | 15 | | (4) the number of investigations pending as of the | 16 | | last date of the preceding calendar year; | 17 | | (5) the number of hearings held in the preceding | 18 | | calendar year; and | 19 | | (6) the number of officers decertified in the | 20 | | preceding calendar year. | 21 | | The annual report shall be publicly available on the | 22 | | website of the Board. | 23 | | (g) Nothing in this Section shall exempt a law enforcement | 24 | | agency from which the Board has obtained data, documents, | 25 | | materials, or other information or that has disclosed data, | 26 | | documents, materials, or other information to the Board from |
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| 1 | | disclosing public records in accordance with the Freedom of | 2 | | Information Act. | 3 | | (h) Notwithstanding any provision of law to the contrary, | 4 | | the changes made to this Section by this amendatory Act of the | 5 | | 102nd General Assembly and Public Act 101-652 take effect July | 6 | | 1, 2022. | 7 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | 8 | | (50 ILCS 705/10.7) | 9 | | Sec. 10.7. Mandatory training; police chief and deputy | 10 | | police chief. Each police chief and deputy police chief shall | 11 | | obtain at least 20 hours of training each year. These hours | 12 | | shall count towards and satisfy the 40 hours required under | 13 | | Section 7.9. The training must be approved by the Illinois Law | 14 | | Enforcement Training Standards Board and must be related to | 15 | | law enforcement, management or executive development, or | 16 | | ethics. This requirement may be satisfied by attending any | 17 | | training portion of a conference held by an association that | 18 | | represents chiefs of police that has been approved by the | 19 | | Illinois Law Enforcement Training Standards Board. Any police | 20 | | chief and any deputy police chief, upon presentation of a | 21 | | certificate of completion from the person or entity conducting | 22 | | the training, shall be reimbursed by the municipality in | 23 | | accordance with the municipal policy regulating the terms of | 24 | | reimbursement, for the officer's reasonable expenses in | 25 | | obtaining the training required under this Section. No police |
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| 1 | | chief or deputy police chief may attend any recognized | 2 | | training offering without the prior approval of the officer's | 3 | | municipal mayor, manager, or immediate supervisor. | 4 | | This Section does not apply to the City of Chicago or the | 5 | | Sheriff's Police Department in Cook County. | 6 | | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21 .) | 7 | | (50 ILCS 705/10.21) | 8 | | Sec. 10.21. Training; sexual assault and sexual abuse. | 9 | | (a) The Illinois Law Enforcement Training Standards Board | 10 | | shall conduct or approve training programs in trauma-informed | 11 | | responses and investigations of sexual assault and sexual | 12 | | abuse, which include, but is not limited to, the following: | 13 | | (1) recognizing the symptoms of trauma; | 14 | | (2) understanding the role trauma has played in a | 15 | | victim's life; | 16 | | (3) responding to the needs and concerns of a victim; | 17 | | (4) delivering services in a compassionate, sensitive, | 18 | | and nonjudgmental manner; | 19 | | (5) interviewing techniques in accordance with the | 20 | | curriculum standards in subsection (f) of this Section; | 21 | | (6) understanding cultural perceptions and common | 22 | | myths of sexual assault and sexual abuse; | 23 | | (7) report writing techniques in accordance with the | 24 | | curriculum standards in subsection (f) of this Section; | 25 | | and |
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| 1 | | (8) recognizing special sensitivities of victims due | 2 | | to: age, including those under the age of 13; gender; or | 3 | | other qualifications. | 4 | | (b) This training must be presented in all full and | 5 | | part-time basic law enforcement academies on or before July 1, | 6 | | 2018. | 7 | | (c) Agencies employing law enforcement officers must | 8 | | present this training to all law enforcement officers within 3 | 9 | | years after January 1, 2017 (the effective date of Public Act | 10 | | 99-801) and must present in-service training on sexual assault | 11 | | and sexual abuse response and report writing training | 12 | | requirements every 3 years. | 13 | | (d) Agencies employing law enforcement officers who | 14 | | conduct sexual assault and sexual abuse investigations must | 15 | | provide specialized training to these officers on sexual | 16 | | assault and sexual abuse investigations within 2 years after | 17 | | January 1, 2017 (the effective date of Public Act 99-801) and | 18 | | must present in-service training on sexual assault and sexual | 19 | | abuse investigations to these officers every 3 years. | 20 | | (e) Instructors providing this training shall have | 21 | | successfully completed training on evidence-based, | 22 | | trauma-informed, victim-centered response to cases of sexual | 23 | | assault and sexual abuse and have experience responding to | 24 | | sexual assault and sexual abuse cases. | 25 | | (f) The Board shall adopt rules, in consultation with the | 26 | | Office of the Illinois Attorney General and the Illinois State |
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| 1 | | Police, to determine the specific training requirements for | 2 | | these courses, including, but not limited to, the following: | 3 | | (1) evidence-based curriculum standards for report | 4 | | writing and immediate response to sexual assault and | 5 | | sexual abuse, including trauma-informed, victim-centered, | 6 | | age sensitive, interview techniques, which have been | 7 | | demonstrated to minimize retraumatization, for | 8 | | probationary police officers and all law enforcement | 9 | | officers; and | 10 | | (2) evidence-based curriculum standards for | 11 | | trauma-informed, victim-centered, age sensitive | 12 | | investigation and interviewing techniques, which have been | 13 | | demonstrated to minimize retraumatization, for cases of | 14 | | sexual assault and sexual abuse for law enforcement | 15 | | officers who conduct sexual assault and sexual abuse | 16 | | investigations. | 17 | | (Source: P.A. 102-538, eff. 8-20-21.) | 18 | | (50 ILCS 705/7.1 rep.) | 19 | | (50 ILCS 705/10.6 rep.) | 20 | | Section 10. The Illinois Police Training Act is amended by | 21 | | repealing Sections 7.1 and 10.6. | 22 | | Section 15. The Counties Code is amended by changing | 23 | | Section 3-6007 as follows: |
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| 1 | | (55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007) | 2 | | Sec. 3-6007. Training. Each sheriff shall obtain at least | 3 | | 20 hours of training, approved by the Illinois Law Enforcement | 4 | | Training Standards Board, relating to law enforcement and the | 5 | | operation of a sheriff's office each year. These hours shall | 6 | | count towards and satisfy the 40 hours required under Section | 7 | | 7.9 of the Illinois Police Training Act. Reasonable expenses | 8 | | incurred by the sheriff in obtaining such training shall be | 9 | | reimbursed by the county upon presentation by the sheriff to | 10 | | the county board of a certificate of completion from the | 11 | | person or entity conducting such training. | 12 | | (Source: P.A. 88-586, eff. 8-12-94.) | 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law. |
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