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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1365
LRB9105078RCks
1 AN ACT to amend the Illinois Police Training Act by
2 changing Section 6 and adding Section 6.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Police Training Act is amended
6 by changing Section 6 and adding Section 6.1 as follows:
7 (50 ILCS 705/6) (from Ch. 85, par. 506)
8 Sec. 6. Selection and certification of schools. The
9 Board shall select and certify schools within the State of
10 Illinois for the purpose of providing basic training for
11 probationary police officers, probationary county corrections
12 officers, and court security officers and of providing
13 advanced or in-service training for permanent police officers
14 or permanent county corrections officers, which schools may
15 be either publicly or privately owned and operated. In
16 addition, the Board has the following power and duties:
17 a. To require local governmental units to furnish
18 such reports and information as the Board deems necessary
19 to fully implement this Act.
20 b. To establish appropriate mandatory minimum
21 standards relating to the training of probationary local
22 law enforcement officers or probationary county
23 corrections officers.
24 c. To provide appropriate certification to those
25 probationary officers who successfully complete the
26 prescribed minimum standard basic training course.
27 d. To review and approve annual training curriculum
28 for county sheriffs.
29 e. To review and approve applicants to ensure no
30 applicant is admitted to a certified academy unless the
31 applicant is a person of good character and has not been
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1 convicted of a felony offense, any of the misdemeanors in
2 Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15,
3 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or
4 32-7 of the Criminal Code of 1961 or Section 5 or 5.2 of
5 the Cannabis Control Act, or a crime involving moral
6 turpitude under the laws of this State or any other state
7 which if committed in this State would be punishable as a
8 felony or a crime of moral turpitude. The Board may
9 appoint investigators who shall enforce the duties
10 conferred upon the Board by this Act.
11 (Source: P.A. 88-461; 89-685, eff. 6-1-97.)
12 (50 ILCS 705/6.1 new)
13 Sec.6.1 Decertification of full-time and part-time
14 police officers.
15 (a) The Board must review police officer conduct and
16 records to ensure that no police officer is certified or
17 provided a valid waiver if that police officer has been
18 convicted of a felony offense under the laws of this State or
19 any other state which if committed in this State would be
20 punishable as a felony. The Board must also ensure that no
21 police officer is certified or provided a valid waiver if
22 that police officer has been convicted on or after the
23 effective date of this amendatory Act of 1999 of any
24 misdemeanor specified in this Section or if committed in any
25 other state would be an offense similar to Section 11-6,
26 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
27 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
28 Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
29 Act. The Board must appoint investigators to enforce the
30 duties conferred upon the Board by this Act.
31 (b) It is the responsibility of the sheriff or the chief
32 executive officer of every local law enforcement agency or
33 department within this State to report to the Board any
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1 arrest or conviction of any officer for an offense identified
2 in this Section.
3 (c) It is the duty and responsibility of every full-time
4 and part-time police officer in this State to report to the
5 Board within 30 days, and the officer's sheriff or chief
6 executive officer, of his or her arrest or conviction for an
7 offense identified in this Section. Any full-time or
8 part-time police officer who knowingly makes, submits, causes
9 to be submitted, or files a false or untruthful report to the
10 Board must have his or her certificate or waiver immediately
11 decertified or revoked.
12 (d) Any person, or a local or State agency, or the Board
13 is immune from liability for submitting, disclosing, or
14 releasing information of arrests or convictions in this
15 Section as long as the information is submitted, disclosed,
16 or released in good faith and without malice. The Board has
17 qualified immunity for the release of the information.
18 (e) Any full-time or part-time police officer with a
19 certificate or waiver issued by the Board who is convicted of
20 any offense described in this Section immediately becomes
21 decertified or no longer has a valid waiver. The
22 decertification and invalidity of waivers occurs as a matter
23 of law. Failure of a convicted person to report to the Board
24 his or her conviction as described in this Section or any
25 continued law enforcement practice after receiving a
26 conviction is a Class 4 felony.
27 (f) The Board's investigators are peace officers and
28 have all the powers possessed by policemen in cities and by
29 sheriff's, provided that the investigators may exercise those
30 powers anywhere in the State, only after contact and
31 cooperation with the appropriate local law enforcement
32 authorities.
33 (g) The Board must request and receive information and
34 assistance from any federal, state, or local governmental
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1 agency as part of the authorized criminal background
2 investigation. The Federal Bureau of Investigation must
3 provide the Board any criminal history record information
4 contained in its files pertaining to law enforcement officers
5 or any applicant to a Board certified basic law enforcement
6 academy as described in this Act based on fingerprint
7 identification. The Board must make payment of fees to the
8 Department of State Police for each fingerprint card
9 submission in conformance with the requirements of paragraph
10 22 of Section 55a of the Civil Administrative Code of
11 Illinois.