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92_HB4251
LRB9212733ACsb
1 AN ACT concerning law enforcement training.
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
5 by changing Sections 6, 6.1, 7, 8.1, and 8.2 and adding
6 Section 6.2 as follows:
7 (50 ILCS 705/6) (from Ch. 85, par. 506)
8 Sec. 6. Powers and duties of Board; selection and
9 certification of schools. The Board shall select and certify
10 schools within the State of Illinois for the purpose of
11 providing basic training for probationary police officers,
12 probationary county corrections officers, and court security
13 officers and of providing advanced or in-service training for
14 permanent police officers or permanent county corrections
15 officers, which schools may be either publicly or privately
16 owned and operated. In addition, the Board has the following
17 power and duties:
18 a. To require local governmental units to furnish
19 such reports and information as the Board deems necessary
20 to fully implement this Act, including, but not limited
21 to, personnel rosters, employment status reports, and
22 annual training plans.
23 b. To establish appropriate mandatory minimum
24 standards relating to the training of probationary local
25 law enforcement officers or probationary county
26 corrections officers.
27 c. To provide appropriate licensure certification
28 to those probationary officers who successfully complete
29 the prescribed minimum standard basic training course.
30 d. To review and approve annual training curriculum
31 for county sheriffs.
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1 e. To review and approve applicants to ensure that
2 no applicant is admitted to a certified academy unless
3 the applicant is a person of good character and has not
4 been convicted of a felony offense, any of the
5 misdemeanors in Sections 11-6, 11-9.1, 11-14, 11-17,
6 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
7 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961
8 or Section 5 or 5.2 of the Cannabis Control Act, or a
9 crime involving moral turpitude under the laws of this
10 State or any other state which if committed in this State
11 would be punishable as a felony or a crime of moral
12 turpitude. The Board may appoint investigators who shall
13 enforce the duties conferred upon the Board by this Act.
14 (Source: P.A. 91-495, eff. 1-1-00.)
15 (50 ILCS 705/6.1)
16 Sec. 6.1. Revocation of license Decertification of
17 full-time and part-time police officers.
18 (a) The Board must review police officer conduct and
19 records to ensure that no police officer is licensed
20 certified or provided a valid waiver if that police officer
21 has been convicted of or has pled guilty to a felony offense
22 under the laws of this State or any other state which if
23 committed in this State would be punishable as a felony. The
24 Board must also ensure that no police officer is licensed
25 certified or provided a valid waiver if that police officer
26 has been convicted on or after the effective date of this
27 amendatory Act of 1999 of any misdemeanor specified in this
28 Section or if committed in any other state would be an
29 offense similar to Section 11-6, 11-9.1, 11-14, 11-17, 11-19,
30 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
31 32-4a, or 32-7 of the Criminal Code of 1961 or to Section 5
32 or 5.2 of the Cannabis Control Act. The Board must appoint
33 investigators to enforce the duties conferred upon the Board
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1 by this Act.
2 (b) It is the responsibility of the sheriff or the chief
3 executive officer of every local law enforcement agency or
4 department within this State to report to the Board any
5 arrest or conviction of any officer for an offense identified
6 in this Section.
7 (c) It is the duty and responsibility of every full-time
8 and part-time police officer in this State to report to the
9 Board within 30 days, and the officer's sheriff or chief
10 executive officer, of his or her arrest or conviction for an
11 offense identified in this Section. Any full-time or
12 part-time police officer who knowingly makes, submits, causes
13 to be submitted, or files a false or untruthful report to the
14 Board must have his or her license certificate or waiver
15 immediately decertified or revoked.
16 (d) Any person, or a local or State agency, or the Board
17 is immune from liability for submitting, disclosing, or
18 releasing information of arrests or convictions in this
19 Section as long as the information is submitted, disclosed,
20 or released in good faith and without malice. The Board has
21 qualified immunity for the release of the information.
22 (e) Whenever a Any full-time or part-time police officer
23 with a license certificate or waiver issued by the Board who
24 is convicted of or pleads guilty to any offense described in
25 this Section, his or her license or waiver is automatically
26 revoked by operation of law. immediately becomes decertified
27 or no longer has a valid waiver. The decertification and
28 invalidity of waivers occurs as a matter of law. Failure of
29 a convicted person to report to the Board his or her
30 conviction as described in this Section or any continued law
31 enforcement practice after receiving a conviction is a Class
32 4 felony.
33 (f) The Board's investigators are peace officers and
34 have all the powers possessed by policemen in cities and by
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1 sheriff's, provided that the investigators may exercise those
2 powers anywhere in the State, only after contact and
3 cooperation with the appropriate local law enforcement
4 authorities.
5 (g) The Board must request and receive information and
6 assistance from any federal, state, or local governmental
7 agency as part of the authorized criminal background
8 investigation. The Department of State Police must process,
9 retain, and additionally provide and disseminate information
10 to the Board concerning criminal charges, arrests,
11 convictions, and their disposition, that have been filed
12 before, on, or after the effective date of this amendatory
13 Act of the 91st General Assembly against a basic academy
14 applicant, law enforcement applicant, or law enforcement
15 officer whose fingerprint identification cards are on file or
16 maintained by the Department of State Police. The Federal
17 Bureau of Investigation must provide the Board any criminal
18 history record information contained in its files pertaining
19 to law enforcement officers or any applicant to a Board
20 certified basic law enforcement academy as described in this
21 Act based on fingerprint identification. The Board must make
22 payment of fees to the Department of State Police for each
23 fingerprint card submission in conformance with the
24 requirements of paragraph 22 of Section 55a of the Civil
25 Administrative Code of Illinois.
26 (Source: P.A. 91-495, eff. 1-1-00.)
27 (50 ILCS 705/6.2 new)
28 Sec. 6.2. Conversion of certificates to licenses.
29 (a) Beginning on the effective date of this amendatory
30 Act of the 92nd General Assembly, the Board's recognition of
31 persons who have successfully completed the prescribed
32 minimum standard basic training course shall be known as
33 licensure rather than certification.
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1 (b) If a person has successfully completed the
2 prescribed minimum standard basic training course and holds a
3 valid certification to that effect on the effective date of
4 this amendatory Act of the 92nd General Assembly, that
5 certification shall be deemed to be a license for the
6 purposes of this Act.
7 (c) If, on the effective date of this amendatory Act of
8 the 92nd General Assembly, a person holds a valid waiver from
9 one of the certification requirements of this Act, that
10 waiver shall be deemed a waiver from the corresponding
11 licensure requirement of this Act.
12 (d) The Board shall replace the certificates or other
13 evidences of certification or waiver in use on the effective
14 date of this amendatory Act of the 92nd General Assembly with
15 new credentials reflecting the change in nomenclature
16 instituted by this amendatory Act.
17 (50 ILCS 705/7) (from Ch. 85, par. 507)
18 Sec. 7. Rules and standards for schools; court security
19 officers.
20 (1) The Board shall adopt rules and minimum standards
21 for such schools which shall include but not be limited to
22 the following:
23 a. The curriculum for probationary police officers
24 which shall be offered by all certified schools shall
25 include but not be limited to courses of arrest, search
26 and seizure, civil rights, human relations, criminal law,
27 law of criminal procedure, vehicle and traffic law,
28 traffic control and accident investigation, techniques of
29 obtaining physical evidence, court testimonies,
30 statements, reports, firearms training, first-aid
31 (including cardiopulmonary resuscitation), handling of
32 juvenile offenders, recognition of mental conditions
33 which require immediate assistance and methods to
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1 safeguard and provide assistance to a person in need of
2 mental treatment, law of evidence, the hazards of
3 high-speed police vehicle chases with an emphasis on
4 alternatives to the high-speed chase, and physical
5 training. The curriculum shall include specific training
6 in techniques for immediate response to and investigation
7 of cases of domestic violence and of sexual assault of
8 adults and children. The curriculum for permanent police
9 officers shall include but not be limited to (1)
10 refresher and in-service training in any of the courses
11 listed above in this subparagraph, (2) advanced courses
12 in any of the subjects listed above in this subparagraph,
13 (3) training for supervisory personnel, and (4)
14 specialized training in subjects and fields to be
15 selected by the board.
16 b. Minimum courses of study, attendance
17 requirements and equipment requirements.
18 c. Minimum requirements for instructors.
19 d. Minimum basic training requirements, which a
20 probationary police officer must satisfactorily complete
21 before being eligible for permanent employment as a local
22 law enforcement officer for a participating local
23 governmental agency. Those requirements shall include
24 training in first aid (including cardiopulmonary
25 resuscitation).
26 e. Minimum basic training requirements, which a
27 probationary county corrections officer must
28 satisfactorily complete before being eligible for
29 permanent employment as a county corrections officer for
30 a participating local governmental agency.
31 f. Minimum basic training requirements which a
32 probationary court security officer must satisfactorily
33 complete before being eligible for permanent employment
34 as a court security officer for a participating local
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1 governmental agency. The Board shall establish those
2 training requirements which it considers appropriate for
3 court security officers and shall certify schools to
4 conduct that training.
5 (2) A person hired to serve as a court security officer
6 must obtain from the Board a license certificate (i)
7 attesting to his or her successful completion of the training
8 course; (ii) attesting to his or her satisfactory completion
9 of a training program of similar content and number of hours
10 that has been found acceptable by the Board under the
11 provisions of this Act; or (iii) attesting to the Board's
12 determination that the training course is unnecessary because
13 of the person's extensive prior law enforcement experience.
14 Individuals then serving who currently serve as court
15 security officers shall be deemed qualified to continue to
16 serve in that capacity so long as they are licensed or
17 certified as provided by this Act within 24 months of the
18 effective date of this amendatory Act of 1996. Failure to be
19 so licensed or certified, absent a waiver from the Board,
20 shall cause the officer to forfeit his or her position.
21 All individuals hired as court security officers on or
22 after the effective date of this amendatory Act of 1996 shall
23 be licensed or certified within 12 months of the date of
24 their hire, unless a waiver has been obtained by the Board,
25 or they shall forfeit their positions.
26 The Sheriff's Merit Commission, if one exists, or the
27 Sheriff's Office if there is no Sheriff's Merit Commission,
28 shall maintain a list of all individuals who have filed
29 applications to become court security officers and who meet
30 the eligibility requirements established under this Act.
31 Either the Sheriff's Merit Commission, or the Sheriff's
32 Office if no Sheriff's Merit Commission exists, shall
33 establish a schedule of reasonable intervals for verification
34 of the applicants' qualifications under this Act and as
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1 established by the Board.
2 (Source: P.A. 88-661, eff. 1-1-95; 89-685, eff. 6-1-97;
3 89-707, eff. 6-1-97.)
4 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
5 Sec. 8.1. Full-time police and county corrections
6 officers.
7 (a) After January 1, 1976, no person shall receive a
8 permanent appointment as a law enforcement officer as defined
9 in this Act, nor shall any person receive, after the
10 effective date of this amendatory Act of 1984, a permanent
11 appointment as a county corrections officer, unless that
12 person has been awarded, within 6 six months of his or her
13 initial full-time employment, a license or certificate
14 attesting to his or her successful completion of the Minimum
15 Standards Basic Law Enforcement and County Correctional
16 Training Course as prescribed by the Board; or has been
17 awarded a license or certificate attesting to his or her
18 satisfactory completion of a training program of similar
19 content and number of hours and which course has been found
20 acceptable by the Board under the provisions of this Act; or
21 by reason of extensive prior law enforcement or county
22 corrections experience the basic training requirement is
23 determined by the Board to be illogical and unreasonable.
24 If such training is required and not completed within the
25 applicable 6 six months, then the officer must forfeit his or
26 her position, or the employing agency must obtain a waiver
27 from the Board extending the period for compliance. Such
28 waiver shall be issued only for good and justifiable reasons,
29 and in no case shall extend more than 90 days beyond the
30 initial 6 six months.
31 (b) No provision of this Section shall be construed to
32 mean that a law enforcement officer employed by a local
33 governmental agency at the time of the effective date of this
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1 amendatory Act, either as a probationary police officer or as
2 a permanent police officer, shall require licensure or
3 certification under the provisions of this Section.
4 No provision of this Section shall be construed to mean
5 that a county corrections officer employed by a local
6 governmental agency at the time of the effective date of this
7 amendatory Act of 1984, either as a probationary county
8 corrections or as a permanent county corrections officer,
9 shall require licensure or certification under the provisions
10 of this Section.
11 No provision of this Section shall be construed to apply
12 to licensure or certification of elected county sheriffs.
13 (c) This Section does not apply to part-time police
14 officers or probationary part-time police officers.
15 (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
16 (50 ILCS 705/8.2)
17 Sec. 8.2. Part-time police officers.
18 (a) A person hired to serve as a part-time police
19 officer must obtain from the Board a license or certificate
20 (i) attesting to his or her successful completion of the
21 part-time police training course; (ii) attesting to his or
22 her satisfactory completion of a training program of similar
23 content and number of hours that has been found acceptable by
24 the Board under the provisions of this Act; or (iii)
25 attesting to the Board's determination that the part-time
26 police training course is unnecessary because of the person's
27 extensive prior law enforcement experience. A person hired
28 on or after January 1, 1996 must obtain this license or
29 certificate within 18 months after the date of hire. A
30 person hired before January 1, 1996 must obtain this license
31 or certificate within 24 months after the effective date of
32 this amendatory Act of 1995.
33 The employing agency may seek a waiver from the Board
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1 extending the period for compliance. A waiver shall be
2 issued only for good and justifiable reasons and may not
3 extend the initial period by more than 90 days. If training
4 is required and not completed within the applicable time
5 period, as extended by any waiver that may be granted, then
6 the officer must forfeit his or her position.
7 (b) (Blank).
8 (c) The part-time police training course referred to in
9 this Section shall be of similar content and the same number
10 of hours as the courses for full-time officers and shall be
11 provided by Mobile Team In-Service Training Units under the
12 Intergovernmental Law Enforcement Officer's In-Service
13 Training Act in a manner prescribed by the Board.
14 (d) For the purposes of this Section, the Board shall
15 adopt rules defining what constitutes employment on a
16 part-time basis.
17 (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.