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Public Act 102-0694 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Freedom of Information Act is amended by | ||||
changing Section 7 as follows: | ||||
(5 ILCS 140/7) (from Ch. 116, par. 207) | ||||
Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public | ||||
record that contains information that is exempt from | ||||
disclosure under this Section, but also contains information | ||||
that is not exempt from disclosure, the public body may elect | ||||
to redact the information that is exempt. The public body | ||||
shall make the remaining information available for inspection | ||||
and copying. Subject to this requirement, the following shall | ||||
be exempt from inspection and copying:
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(a) Information specifically prohibited from | ||||
disclosure by federal or
State law or rules and | ||||
regulations implementing federal or State law.
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(b) Private information, unless disclosure is required | ||||
by another provision of this Act, a State or federal law or | ||||
a court order. | ||||
(b-5) Files, documents, and other data or databases | ||||
maintained by one or more law enforcement agencies and |
specifically designed to provide information to one or | ||
more law enforcement agencies regarding the physical or | ||
mental status of one or more individual subjects. | ||
(c) Personal information contained within public | ||
records, the disclosure of which would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the | ||
individual subjects of the information. "Unwarranted | ||
invasion of personal privacy" means the disclosure of | ||
information that is highly personal or objectionable to a | ||
reasonable person and in which the subject's right to | ||
privacy outweighs any legitimate public interest in | ||
obtaining the information. The
disclosure of information | ||
that bears on the public duties of public
employees and | ||
officials shall not be considered an invasion of personal
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privacy.
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(d) Records in the possession of any public body | ||
created in the course of administrative enforcement
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proceedings, and any law enforcement or correctional | ||
agency for
law enforcement purposes,
but only to the | ||
extent that disclosure would:
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(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
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agency that is the recipient of the request;
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(ii) interfere with active administrative |
enforcement proceedings
conducted by the public body | ||
that is the recipient of the request;
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(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing;
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(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to | ||
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic accidents, traffic accident | ||
reports, and rescue reports shall be provided by | ||
agencies of local government, except when disclosure | ||
would interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request;
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(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known | ||
or disclose internal documents of
correctional | ||
agencies related to detection, observation or | ||
investigation of
incidents of crime or misconduct, and | ||
disclosure would result in demonstrable harm to the | ||
agency or public body that is the recipient of the | ||
request;
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(vi) endanger the life or physical safety of law |
enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation | ||
by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency | ||
that is the recipient of the request did not create the | ||
record, did not participate in or have a role in any of the | ||
events which are the subject of the record, and only has | ||
access to the record through the shared electronic record | ||
management system. | ||
(d-6) Records contained in the Officer Professional | ||
Conduct Database under Section 9.2 9.4 of the Illinois | ||
Police Training Act, except to the extent authorized under | ||
that Section. This includes the documents supplied to | ||
Illinois Law Enforcement Training Standards Board from the | ||
Illinois State Police and Illinois State Police Merit | ||
Board. | ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
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(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is | ||
confined. |
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available | ||
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the | ||
disclosure of which would result in the risk of harm to any | ||
person or the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail | ||
or committed to the Department of Corrections or | ||
Department of Human Services Division of Mental Health, | ||
containing personal information pertaining to the person's | ||
victim or the victim's family, including, but not limited | ||
to, a victim's home address, home telephone number, work | ||
or school address, work telephone number, social security | ||
number, or any other identifying information, except as |
may be relevant to a requester's current or potential case | ||
or claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not | ||
limited to, arrest and booking records, mug shots, and | ||
crime scene photographs, except as these records may be | ||
relevant to the requester's current or potential case or | ||
claim. | ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those | ||
records of officers and agencies
of the General Assembly | ||
that pertain to the preparation of legislative
documents.
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(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or commercial or financial information are | ||
furnished under a claim that they are
proprietary, | ||
privileged, or confidential, and that disclosure of the | ||
trade
secrets or commercial or financial information would | ||
cause competitive harm to the person or business, and only |
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
all trade secrets and commercial or financial information | ||
obtained by a public body, including a public pension | ||
fund, from a private equity fund or a privately held | ||
company within the investment portfolio of a private | ||
equity fund as a result of either investing or evaluating | ||
a potential investment of public funds in a private equity | ||
fund. The exemption contained in this item does not apply | ||
to the aggregate financial performance information of a | ||
private equity fund, nor to the identity of the fund's | ||
managers or general partners. The exemption contained in | ||
this item does not apply to the identity of a privately | ||
held company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm. | ||
Nothing contained in this
paragraph (g) shall be | ||
construed to prevent a person or business from
consenting | ||
to disclosure.
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(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were | ||
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in |
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
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(i) Valuable formulae,
computer geographic systems,
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designs, drawings and research data obtained or
produced | ||
by any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by | ||
news media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
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(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys and other | ||
examination data used to
administer an academic | ||
examination;
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(ii) information received by a primary or | ||
secondary school, college, or university under its | ||
procedures for the evaluation of faculty members by | ||
their academic peers; | ||
(iii) information concerning a school or | ||
university's adjudication of student disciplinary | ||
cases, but only to the extent that disclosure would | ||
unavoidably reveal the identity of the student; and |
(iv) course materials or research materials used | ||
by faculty members. | ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, | ||
including, but not limited to, power generating and | ||
distribution stations and other transmission and | ||
distribution facilities, water treatment facilities, | ||
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but
only to the extent
that disclosure would compromise | ||
security.
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(l) Minutes of meetings of public bodies closed to the
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public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public | ||
under Section 2.06 of the Open
Meetings Act.
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(m) Communications between a public body and an | ||
attorney or auditor
representing the public body that | ||
would not be subject to discovery in
litigation, and | ||
materials prepared or compiled by or for a public body in
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anticipation of a criminal, civil, or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication | ||
of employee grievances or disciplinary cases; however, | ||
this exemption shall not extend to the final outcome of | ||
cases in which discipline is imposed.
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(o) Administrative or technical information associated | ||
with automated
data processing operations, including, but | ||
not limited to, software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
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pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or | ||
representatives, except that
any final contract or | ||
agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of | ||
an applicant for a license or employment.
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(r) The records, documents, and information relating | ||
to real estate
purchase negotiations until those | ||
negotiations have been completed or
otherwise terminated. | ||
With regard to a parcel involved in a pending or
actually | ||
and reasonably contemplated eminent domain proceeding |
under the Eminent Domain Act, records, documents, and
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information relating to that parcel shall be exempt except | ||
as may be
allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The
records, documents, and | ||
information relating to a real estate sale shall be
exempt | ||
until a sale is consummated.
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(s) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly | ||
self-administered health and accident
cooperative or pool.
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Insurance or self insurance (including any | ||
intergovernmental risk management association or self | ||
insurance pool) claims, loss or risk management | ||
information, records, data, advice or communications.
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(t) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions, insurance companies, or pharmacy benefit | ||
managers, unless disclosure is otherwise
required by State | ||
law.
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(u) Information that would disclose
or might lead to | ||
the disclosure of
secret or confidential information, | ||
codes, algorithms, programs, or private
keys intended to | ||
be used to create electronic signatures under the Uniform | ||
Electronic Transactions Act.
|
(v) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a | ||
community's population or systems, facilities, or | ||
installations,
the destruction or contamination of which | ||
would constitute a clear and present
danger to the health | ||
or safety of the community, but only to the extent that
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disclosure could reasonably be expected to jeopardize the | ||
effectiveness of the
measures or the safety of the | ||
personnel who implement them or the public.
Information | ||
exempt under this item may include such things as details
| ||
pertaining to the mobilization or deployment of personnel | ||
or equipment, to the
operation of communication systems or | ||
protocols, or to tactical operations.
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(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency.
| ||
(y) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power | ||
Agency Act and Section 16-111.5 of the Public Utilities | ||
Act that is determined to be confidential and proprietary | ||
by the Illinois Power Agency or by the Illinois Commerce |
Commission.
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(z) Information about students exempted from | ||
disclosure under Sections 10-20.38 or 34-18.29 of the | ||
School Code, and information about undergraduate students | ||
enrolled at an institution of higher education exempted | ||
from disclosure under Section 25 of the Illinois Credit | ||
Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is
exempted | ||
under the Viatical Settlements Act of 2009.
| ||
(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review | ||
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal | ||
information of persons who are minors and are also | ||
participants and registrants in programs of park | ||
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation |
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of | ||
2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force | ||
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to | ||
the Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; | ||
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; | ||
or (iii) are available through an administrative request | ||
to the Department of Human Services or the Department of | ||
Corrections. | ||
(jj) Confidential information described in Section |
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(ll) Records concerning the work of the threat | ||
assessment team of a school district. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the | ||
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the | ||
governmental function and is not otherwise exempt under this | ||
Act, shall be considered a public record of the public body, | ||
for purposes of this Act. | ||
(3) This Section does not authorize withholding of | ||
information or limit the
availability of records to the | ||
public, except as stated in this Section or
otherwise provided | ||
in this Act.
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(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||
6-25-21; 102-558, eff. 8-20-21; revised 10-4-21.) |
Section 5. The Illinois State Police Act is amended by | ||
changing Sections 9, 12.6, and 46 as follows:
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(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
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(Text of Section before amendment by P.A. 101-652 )
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Sec. 9. Appointment; qualifications.
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(a) Except as otherwise provided in this Section, the | ||
appointment of
Department of State Police officers shall be | ||
made from those applicants who
have been certified by the | ||
Board as being qualified for appointment. All
persons so | ||
appointed shall, at the time of their appointment, be not less | ||
than
21 years of age, or 20 years of age and have successfully | ||
completed an associate's degree or 60 credit hours at an | ||
accredited college or university. Any person
appointed | ||
subsequent to successful completion of an associate's degree | ||
or 60 credit hours at an accredited college or university | ||
shall not have power of arrest, nor shall he or she be | ||
permitted
to carry firearms, until he or she reaches 21 years | ||
of age. In addition,
all persons so certified for appointment | ||
shall be of sound mind and body, be of
good moral character, be | ||
citizens of the United States, have no criminal
records, | ||
possess such prerequisites of training, education, and | ||
experience as
the Board may from time to time prescribe so long | ||
as persons who have an associate's degree or 60 credit hours at | ||
an accredited college or university are not disqualified, and |
shall be required to pass
successfully such mental and | ||
physical tests and examinations as may be
prescribed by the | ||
Board. All persons who meet one of the following requirements | ||
are deemed to have met the collegiate educational | ||
requirements: | ||
(i) have been honorably discharged and who have been | ||
awarded a Southwest Asia Service Medal, Kosovo Campaign | ||
Medal, Korean Defense Service Medal, Afghanistan Campaign | ||
Medal, Iraq Campaign Medal, or Global War on Terrorism | ||
Expeditionary Medal by the United States Armed Forces; | ||
(ii) are active members of the Illinois National Guard | ||
or a reserve component of the United States Armed Forces | ||
and who have been awarded a Southwest Asia Service Medal, | ||
Kosovo Campaign Medal, Korean Defense Service Medal, | ||
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||
War on Terrorism Expeditionary Medal as a result of | ||
honorable service during deployment on active duty; | ||
(iii) have been honorably discharged who served in a | ||
combat mission by proof of hostile fire pay or imminent | ||
danger pay during deployment on active duty; or | ||
(iv) have at least 3 years of full active and | ||
continuous military duty and received an honorable | ||
discharge before hiring. | ||
Preference shall be given in such appointments to
persons | ||
who have honorably served in the military or naval services of | ||
the
United States. All appointees shall serve a probationary |
period of 12 months
from the date of appointment and during | ||
that period may be discharged at the
will of the Director. | ||
However, the Director may in his or her sole discretion
extend | ||
the probationary period of an officer up to an additional 6 | ||
months when
to do so is deemed in the best interest of the | ||
Department. Nothing in this subsection (a) limits the Board's | ||
ability to prescribe education prerequisites or requirements | ||
to certify Department of State Police officers for promotion | ||
as provided in Section 10 of this Act.
| ||
(b) Notwithstanding the other provisions of this Act, | ||
after July 1,
1977 and before July 1, 1980, the Director of | ||
State Police may appoint and
promote not more than 20 persons | ||
having special qualifications as special
agents as he or she | ||
deems necessary to carry out the Department's objectives. Any
| ||
such appointment or promotion shall be ratified by the Board.
| ||
(c) During the 90 days following the effective date of | ||
this amendatory Act
of 1995, the Director of State Police may | ||
appoint up to 25 persons as State
Police officers. These | ||
appointments shall be made in accordance with the
requirements | ||
of this subsection (c) and any additional criteria that may be
| ||
established by the Director, but are not subject to any other | ||
requirements of
this Act. The Director may specify the initial | ||
rank for each person appointed
under this subsection.
| ||
All appointments under this subsection (c) shall be made | ||
from personnel
certified by the Board. A person certified by | ||
the Board and appointed by the
Director under this subsection |
must have been employed by the Illinois Commerce
Commission on | ||
November 30, 1994 in a job title
subject to the Personnel Code | ||
and in a position for which the person was
eligible to earn | ||
"eligible creditable service" as a "noncovered employee", as
| ||
those terms are defined in Article 14 of the Illinois Pension | ||
Code.
| ||
Persons appointed under this subsection (c) shall | ||
thereafter be subject to
the same requirements and procedures | ||
as other State police officers. A person
appointed under this | ||
subsection must serve a probationary period of 12 months
from | ||
the date of appointment, during which he or she may be | ||
discharged at the
will of the Director.
| ||
This subsection (c) does not affect or limit the | ||
Director's authority to
appoint other State Police officers | ||
under subsection (a) of this Section.
| ||
(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20 .)
| ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 9. Appointment; qualifications.
| ||
(a) Except as otherwise provided in this Section, the | ||
appointment of
Department of State Police officers shall be | ||
made from those applicants who
have been certified by the | ||
Board as being qualified for appointment. All
persons so | ||
appointed shall, at the time of their appointment, be not less | ||
than
21 years of age, or 20 years of age and have successfully | ||
completed an associate's degree or 60 credit hours at an |
accredited college or university. Any person
appointed | ||
subsequent to successful completion of an associate's degree | ||
or 60 credit hours at an accredited college or university | ||
shall not have power of arrest, nor shall he or she be | ||
permitted
to carry firearms, until he or she reaches 21 years | ||
of age. In addition,
all persons so certified for appointment | ||
shall be of sound mind and body, be of
good moral character, be | ||
citizens of the United States, have no criminal
records, | ||
possess such prerequisites of training, education, and | ||
experience as
the Board may from time to time prescribe so long | ||
as persons who have an associate's degree or 60 credit hours at | ||
an accredited college or university are not disqualified, and | ||
shall be required to pass
successfully such mental and | ||
physical tests and examinations as may be
prescribed by the | ||
Board. All persons who meet one of the following requirements | ||
are deemed to have met the collegiate educational | ||
requirements: | ||
(i) have been honorably discharged and who have been | ||
awarded a Southwest Asia Service Medal, Kosovo Campaign | ||
Medal, Korean Defense Service Medal, Afghanistan Campaign | ||
Medal, Iraq Campaign Medal, or Global War on Terrorism | ||
Expeditionary Medal by the United States Armed Forces; | ||
(ii) are active members of the Illinois National Guard | ||
or a reserve component of the United States Armed Forces | ||
and who have been awarded a Southwest Asia Service Medal, | ||
Kosovo Campaign Medal, Korean Defense Service Medal, |
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||
War on Terrorism Expeditionary Medal as a result of | ||
honorable service during deployment on active duty; | ||
(iii) have been honorably discharged who served in a | ||
combat mission by proof of hostile fire pay or imminent | ||
danger pay during deployment on active duty; or | ||
(iv) have at least 3 years of full active and | ||
continuous military duty and received an honorable | ||
discharge before hiring. | ||
Preference shall be given in such appointments to
persons | ||
who have honorably served in the military or naval services of | ||
the
United States. All appointees shall serve a probationary | ||
period of 12 months
from the date of appointment and during | ||
that period may be discharged at the
will of the Director. | ||
However, the Director may in his or her sole discretion
extend | ||
the probationary period of an officer up to an additional 6 | ||
months when
to do so is deemed in the best interest of the | ||
Department. Nothing in this subsection (a) limits the Board's | ||
ability to prescribe education prerequisites or requirements | ||
to certify Department of State Police officers for promotion | ||
as provided in Section 10 of this Act.
| ||
(b) Notwithstanding the other provisions of this Act, | ||
after July 1,
1977 and before July 1, 1980, the Director of | ||
State Police may appoint and
promote not more than 20 persons | ||
having special qualifications as special
agents as he or she | ||
deems necessary to carry out the Department's objectives. Any
|
such appointment or promotion shall be ratified by the Board.
| ||
(c) During the 90 days following the effective date of | ||
this amendatory Act
of 1995, the Director of State Police may | ||
appoint up to 25 persons as State
Police officers. These | ||
appointments shall be made in accordance with the
requirements | ||
of this subsection (c) and any additional criteria that may be
| ||
established by the Director, but are not subject to any other | ||
requirements of
this Act. The Director may specify the initial | ||
rank for each person appointed
under this subsection.
| ||
All appointments under this subsection (c) shall be made | ||
from personnel
certified by the Board. A person certified by | ||
the Board and appointed by the
Director under this subsection | ||
must have been employed by the Illinois Commerce
Commission on | ||
November 30, 1994 in a job title
subject to the Personnel Code | ||
and in a position for which the person was
eligible to earn | ||
"eligible creditable service" as a "noncovered employee", as
| ||
those terms are defined in Article 14 of the Illinois Pension | ||
Code.
| ||
Persons appointed under this subsection (c) shall | ||
thereafter be subject to
the same requirements and procedures | ||
as other State police officers. A person
appointed under this | ||
subsection must serve a probationary period of 12 months
from | ||
the date of appointment, during which he or she may be | ||
discharged at the
will of the Director.
| ||
This subsection (c) does not affect or limit the | ||
Director's authority to
appoint other State Police officers |
under subsection (a) of this Section. | ||
(d) During the 180 days following the effective date of | ||
this amendatory Act of the 101st General Assembly, the | ||
Director of the Illinois State Police may appoint current | ||
Illinois State Police Employees serving in law enforcement | ||
officer positions previously within Central Management | ||
Services as State Police Officers. These appointments shall be | ||
made in accordance with the requirements of this subsection | ||
(d) and any institutional criteria that may be established by | ||
the Director, but are not subject to any other requirements of | ||
this Act.
All appointments under this subsection (d) shall be | ||
made from personnel certified by the Board. A person certified | ||
by the Board and appointed by the Director under this | ||
subsection must have been employed by the a state agency, | ||
board, or commission on January 1, 2021, in a job title subject | ||
to the Personnel Code and in a position for which the person | ||
was eligible to earn "eligible creditable service" as a | ||
"noncovered employee", as those terms are defined in Article | ||
14 of the Illinois Pension Code.
Persons appointed under this | ||
subsection (d) shall thereafter be subject to the same | ||
requirements, and subject to the same contractual benefits and | ||
obligations, as other State police officers.
This subsection | ||
(d) does not affect or limit the Director's authority to | ||
appoint other State Police officers under subsection (a) of | ||
this Section. | ||
(e) The Merit Board shall review Illinois State Police |
Cadet applicants. The Illinois State Police may provide | ||
background check and investigation material to the Board for | ||
their review
10
pursuant to this section. The Board shall | ||
approve and ensure that no cadet applicant is certified unless | ||
the applicant is a person of good character and has not been | ||
convicted of, or entered a plea of guilty to, a felony offense, | ||
any of the misdemeanors in Section or if committed in any other | ||
state would be an offense similar to 11-1.50, 11-6, 11-6.5, | ||
11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, | ||
12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | ||
28-3, 29-1, any misdemeanor in violation of any section of | ||
Part E of Title III of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or subsection (a) of Section | ||
17-32 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, to Section 5 or 5.2 of the Cannabis Control Act, or any | ||
felony or misdemeanor in violation of federal law or the law of | ||
any state that is the equivalent of any of the offenses | ||
specified therein. The Officer Misconduct Database, provided | ||
in Section 9.2 of the Illinois Police Training Act, shall be | ||
searched as part of this process. For purposes of this Section | ||
"convicted of, or entered a plea of guilty" regardless of | ||
whether the adjudication of guilt or sentence is withheld or | ||
not entered thereon. This includes sentences of supervision, | ||
conditional discharge, or first offender probation, or any | ||
similar disposition provided for by law. |
(f) The Board shall by rule establish an application fee | ||
waiver program for any person who meets one or more of the | ||
following criteria: | ||
(1) his or her available personal income is 200% or | ||
less of the current poverty level; or | ||
(2) he or she is, in the discretion of the Board, | ||
unable to proceed in an action with payment of application | ||
fee and payment of that fee would result in substantial | ||
hardship to the person or the person's family.
| ||
(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20; | ||
101-652, eff. 1-1-22.)
| ||
(20 ILCS 2610/12.6) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 12.6. Automatic termination of Illinois State Police | ||
officers. The Board shall terminate a state police officer | ||
convicted of a felony offense under the laws of this State or | ||
any other state which if committed in this State would be | ||
punishable as a felony. The Board must also terminate Illinois | ||
State Police officers who were convicted of, or entered a plea | ||
of guilty to, on or after the effective date of this amendatory | ||
Act of the 101st General Assembly, any misdemeanor specified | ||
in this Section or if committed in any other state would be an | ||
offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, | ||
11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, |
12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, | ||
any misdemeanor in violation of any section of Part E of Title | ||
III of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or subsection (a) of Section 17-32 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, to Section | ||
5 or 5.2 of the Cannabis Control Act, or any felony or | ||
misdemeanor in violation of federal law or the law of any state | ||
that is the equivalent of any of the offenses specified | ||
therein. The Illinois State Police Merit Board shall report | ||
terminations under this Section to the Officer Misconduct | ||
Database, provided in Section 9.2 of the Illinois Police | ||
Training Act. For purposes of this section "convicted of, or | ||
entered a plea of guilty" regardless of whether the | ||
adjudication of guilt or sentence is withheld or not entered | ||
thereon. This includes sentences of supervision, conditional | ||
discharge, or first offender probation, or any similar | ||
disposition provided for by law.
| ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
(20 ILCS 2610/46) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 46. Officer Professional Conduct Database; reporting, | ||
transparency. | ||
(a) The Illinois State Police Merit Board shall be |
responsible for reporting all required information contained | ||
in the Officer Misconduct Database, provided in Section 9.2 of | ||
the Illinois Police Training Act. | ||
(b) Before the Illinois State Police Merit Board certifies | ||
any Illinois State Police Cadet the Board shall conduct a | ||
search of all Illinois State Police Cadet applicants in the | ||
Officer Professional Conduct Database. | ||
(c) The database, documents, materials, or other | ||
information in the possession or control of the Board that are | ||
obtained by or disclosed to the Board pursuant to this | ||
subsection shall be confidential by law and privileged, shall | ||
not be subject to subpoena, and shall not be subject to | ||
discovery or admissible in evidence in any private civil | ||
action. However, the Board is authorized to use such | ||
documents, materials, or other information in furtherance of | ||
any regulatory or legal action brought as part of the Board's | ||
official duties. Unless otherwise required by law, the Board | ||
shall not disclose the database or make such documents, | ||
materials, or other information public without the prior | ||
written consent of the law enforcement governmental agency and | ||
the law enforcement officer. The Board nor any person who | ||
received documents, materials or other information shared | ||
pursuant to this subsection shall be required to testify in | ||
any private civil action concerning the database or any | ||
confidential documents, materials, or information subject to | ||
this subsection. |
Nothing in this Section shall exempt a law enforcement | ||
agency from which the Board has obtained data, documents, | ||
materials, or other information or that has disclosed data, | ||
documents, materials, or other information to the Board from | ||
disclosing public records in accordance with the Freedom of | ||
Information Act. | ||
Nothing in this Section shall exempt a governmental agency | ||
from disclosing public records in accordance with the Freedom | ||
of Information Act.
| ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
Section 10. The Illinois Police Training Act is amended by | ||
changing Sections 1, 2, 3, 3.1, 6, 6.1, 6.3, 6.7, 7, 8.1, 8.2, | ||
8.3, 8.4, 9.2, 10.1, 10.2, 10.6, 10.11, 10.12, 10.13, 10.16, | ||
10.19, 10.20, and 10.22 and by reenacting Section 6.2 as | ||
follows:
| ||
(50 ILCS 705/1) (from Ch. 85, par. 501)
| ||
Sec. 1.
It is hereby declared as a matter of legislative | ||
determination that
in order to promote and protect citizen | ||
health, safety and welfare, it is
necessary and in the public | ||
interest to provide for the creation of the
Illinois Law | ||
Enforcement Training Standards Board for the purpose of
| ||
encouraging and aiding municipalities, counties, park | ||
districts, State
controlled universities, colleges, and public | ||
community colleges, and other
local governmental agencies of |
this State , and participating State agencies in
their efforts | ||
to raise the level of law enforcement by upgrading and
| ||
maintaining a high level of training and standards for law | ||
enforcement
executives and officers, county corrections | ||
officers, sheriffs, and law enforcement support personnel | ||
under this Act. It is
declared to be the responsibility of the | ||
board to ensure the required
participation of the pertinent | ||
local governmental units in the programs
established under | ||
this Act, to encourage the voluntary participation of other
| ||
local governmental units and participating State agencies, to | ||
set standards,
develop and provide quality training and | ||
education, and to aid in the
establishment of adequate | ||
training facilities.
| ||
(Source: P.A. 99-408, eff. 1-1-16 .)
| ||
(50 ILCS 705/2) (from Ch. 85, par. 502)
| ||
(Text of Section before amendment by P.A. 101-652 )
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
| ||
"Board" means the Illinois Law Enforcement Training | ||
Standards Board.
| ||
"Local governmental agency" means any local governmental | ||
unit or
municipal corporation in this State. It does not | ||
include the State of
Illinois or any office, officer, | ||
department, division, bureau, board,
commission, or agency of | ||
the State, except that it does include a
State-controlled |
university, college or public community college.
| ||
"Police training school" means any school located within | ||
the State of
Illinois whether privately or publicly owned | ||
which offers a course in
police or county corrections training | ||
and has been approved by the Board.
| ||
"Probationary police officer" means a recruit law | ||
enforcement officer
required to successfully complete initial | ||
minimum basic training requirements
at a police training | ||
school to be eligible for permanent full-time
employment as a | ||
local law enforcement officer.
| ||
"Probationary part-time police officer" means a recruit | ||
part-time law
enforcement officer required to successfully | ||
complete initial minimum part-time
training requirements to be | ||
eligible for employment on a part-time basis as a
local law | ||
enforcement officer.
| ||
"Permanent police officer" means a law enforcement officer | ||
who has
completed his or her probationary period and is | ||
permanently employed on a
full-time basis as a local law | ||
enforcement officer by a participating local
governmental unit | ||
or as a security officer or campus policeman permanently
| ||
employed by a participating State-controlled university, | ||
college, or public
community college.
| ||
"Part-time police officer" means a law enforcement officer | ||
who has
completed his or her probationary period and is | ||
employed on a part-time basis
as a law enforcement officer by a | ||
participating unit of local government or as
a campus |
policeman by a participating State-controlled university, | ||
college, or
public community college.
| ||
"Law enforcement officer" means (i) any police officer of | ||
a local governmental
agency who is primarily responsible for
| ||
prevention or detection of crime and the enforcement of the | ||
criminal code,
traffic, or highway laws of this State or any | ||
political subdivision
of this State or (ii) any member of a | ||
police force appointed and maintained as provided in Section 2 | ||
of the Railroad Police Act.
| ||
"Recruit" means any full-time or part-time law
enforcement | ||
officer or
full-time
county corrections officer who is | ||
enrolled in an
approved training course.
| ||
"Probationary county corrections officer" means a recruit | ||
county
corrections officer required to successfully complete | ||
initial minimum basic
training requirements at a police | ||
training school to be eligible for permanent
employment on a | ||
full-time basis as a county corrections officer.
| ||
"Permanent county corrections officer" means a county | ||
corrections
officer who has completed his probationary period | ||
and is permanently employed
on a full-time basis as a county | ||
corrections officer by a participating
local governmental | ||
unit.
| ||
"County corrections officer" means any sworn
officer of | ||
the sheriff who is primarily responsible for the control and | ||
custody
of offenders, detainees or inmates.
| ||
"Probationary court security officer" means a recruit |
court security
officer required to successfully complete | ||
initial minimum basic training
requirements at a designated | ||
training school to be eligible for employment as a
court | ||
security officer.
| ||
"Permanent court security officer" means a court security | ||
officer who has
completed his or her probationary period and | ||
is employed as a court
security officer by a participating | ||
local governmental unit.
| ||
"Court security officer" has the meaning ascribed to it in | ||
Section 3-6012.1
of the Counties Code.
| ||
(Source: P.A. 94-846, eff. 1-1-07.)
| ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
| ||
"Board" means the Illinois Law Enforcement Training | ||
Standards Board.
| ||
"Full-time law enforcement officer" means a law | ||
enforcement officer who has completed the officer's | ||
probationary period and is employed on a full-time basis as a | ||
law enforcement officer by a local government agency, State | ||
government agency, or as a campus police officer by a | ||
participating State-controlled university, college, or public | ||
community college. | ||
"Law Enforcement agency" means any entity with statutory | ||
police powers and the ability to employ individuals authorized |
to make arrests. It does not include the Illinois State Police | ||
as defined in the State Police Act. A law enforcement agency | ||
may include any university, college, or community college. | ||
"Governmental agency" means any local governmental agency | ||
and any State governmental agency. | ||
"Local law enforcement governmental agency" means any law | ||
enforcement local governmental unit of government or
municipal | ||
corporation in this State. It does not include the State of
| ||
Illinois or any office, officer, department, division, bureau, | ||
board,
commission, or agency of the State, except that it does | ||
include a
State-controlled university, college or public | ||
community college.
| ||
"State law enforcement governmental agency" means any law | ||
enforcement agency governmental unit of this State. This | ||
includes any office, officer, department, division, bureau, | ||
board, commission, or agency of the State. It does not include | ||
the Illinois State Police as defined in the State Police Act. | ||
"Panel" means the Certification Review Panel. | ||
" Basic Police training school" means any school located | ||
within the State of
Illinois whether privately or publicly | ||
owned which offers a course in basic law enforcement
police or | ||
county corrections training and has been approved by the | ||
Board.
| ||
"Probationary police officer" means a recruit law | ||
enforcement officer
required to successfully complete initial | ||
minimum basic training requirements
at a basic police training |
school to be eligible for permanent full-time
employment as a | ||
local law enforcement officer.
| ||
"Probationary part-time police officer" means a recruit | ||
part-time law
enforcement officer required to successfully | ||
complete initial minimum part-time
training requirements to be | ||
eligible for employment on a part-time basis as a
local law | ||
enforcement officer.
| ||
"Permanent law enforcement officer" means a law | ||
enforcement officer who has
completed the officer's | ||
probationary period and is permanently employed on a
full-time | ||
basis as a local law enforcement officer , by a participating | ||
local
governmental unit or as a security officer , or campus | ||
police officer permanently
employed by a law enforcement | ||
agency participating State-controlled university, college, or | ||
public
community college .
| ||
"Part-time law enforcement officer" means a law | ||
enforcement officer who has
completed the officer's | ||
probationary period and is employed on a part-time basis
as a | ||
law enforcement officer by a participating unit of local | ||
government or as
a campus police officer by a law enforcement | ||
agency participating State-controlled university, college, or
| ||
public community college .
| ||
"Law enforcement officer" means (i) any police officer of | ||
a law enforcement local governmental
agency who is primarily | ||
responsible for
prevention or detection of crime and the | ||
enforcement of the criminal code,
traffic, or highway laws of |
this State or any political subdivision
of this State or (ii) | ||
any member of a police force appointed and maintained as | ||
provided in Section 2 of the Railroad Police Act.
| ||
"Recruit" means any full-time or part-time law
enforcement | ||
officer or
full-time
county corrections officer who is | ||
enrolled in an
approved training course.
| ||
"Review Committee" means the committee at the Board for | ||
certification disciplinary cases in which the Panel, a law | ||
enforcement officer, or a law enforcement agency may file for | ||
reconsideration of a decertification decision made by the | ||
Board. | ||
"Probationary county corrections officer" means a recruit | ||
county
corrections officer required to successfully complete | ||
initial minimum basic
training requirements at a basic police | ||
training school to be eligible for permanent
employment on a | ||
full-time basis as a county corrections officer.
| ||
"Permanent county corrections officer" means a county | ||
corrections
officer who has completed the officer's | ||
probationary period and is permanently employed
on a full-time | ||
basis as a county corrections officer by a participating law | ||
enforcement agency
local governmental unit .
| ||
"County corrections officer" means any sworn
officer of | ||
the sheriff who is primarily responsible for the control and | ||
custody
of offenders, detainees or inmates.
| ||
"Probationary court security officer" means a recruit | ||
court security
officer required to successfully complete |
initial minimum basic training
requirements at a designated | ||
training school to be eligible for employment as a
court | ||
security officer.
| ||
"Permanent court security officer" means a court security | ||
officer who has
completed the officer's probationary period | ||
and is employed as a court
security officer by a participating | ||
law enforcement agency local governmental unit .
| ||
"Court security officer" has the meaning ascribed to it in | ||
Section 3-6012.1
of the Counties Code.
| ||
(Source: P.A. 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/3) (from Ch. 85, par. 503)
| ||
Sec. 3. Board; composition; appointments; tenure; | ||
vacancies. Board - composition - appointments - tenure - | ||
vacancies. | ||
(a) The Board
shall be composed of 18 members selected as | ||
follows: The Attorney
General of
the State of Illinois, the | ||
Director of the Illinois State Police, the Director of
| ||
Corrections, the Superintendent of the
Chicago Police | ||
Department, the Sheriff of Cook County, the Clerk of the | ||
Circuit Court of Cook County, who shall serve as ex officio | ||
members, and the following
to be appointed by the Governor: 2 | ||
mayors or village presidents of Illinois
municipalities, 2 | ||
Illinois county sheriffs from counties other than Cook
County, | ||
2 managers of Illinois municipalities, 2 chiefs of municipal | ||
police
departments in Illinois having no Superintendent of the |
Police Department on
the Board, 2 citizens of Illinois who | ||
shall be members of
an organized enforcement officers' | ||
association, one active member of a statewide association | ||
representing sheriffs, and one active member of a statewide | ||
association representing municipal police chiefs. The | ||
appointments of the Governor
shall be made on the first Monday | ||
of August in 1965 with 3 of the appointments
to be for a period | ||
of one year, 3 for 2 years, and 3 for 3 years. Their
successors | ||
shall be appointed in like manner for terms to expire the first
| ||
Monday of August each 3 years thereafter. All members shall | ||
serve until their
respective successors are appointed and | ||
qualify. Vacancies shall be filled by
the Governor for the | ||
unexpired terms. Any ex officio member may appoint a designee | ||
to the Board who shall have the same powers and immunities | ||
otherwise conferred to the member of the Board, including the | ||
power to vote and be counted toward quorum, so long as the | ||
member is not in attendance. | ||
(a-5) Within the Board is created a Review Committee. The | ||
Review Committee shall review disciplinary cases in which the | ||
Panel, the law enforcement officer, or the law enforcement | ||
agency file for reconsideration of a decertification decision | ||
made by the Board. The Review Committee shall be composed of 9 | ||
annually rotating members from the Board appointed by the | ||
Board Chairman. One member of the Review Committee shall be | ||
designated by the Board Chairman as the Chair. The Review | ||
Committee shall sit in 3 member panels composed of one member |
representing law enforcement management, one member | ||
representing members of law enforcement, and one member who is | ||
not a current or former member of law enforcement. | ||
(b) When a Board member may have an actual, perceived, or | ||
potential conflict of interest or appearance of bias that | ||
could prevent the Board member from making a fair and | ||
impartial decision regarding decertification: | ||
(1) The Board member shall recuse himself or herself. | ||
(2) If the Board member fails to recuse himself or | ||
herself, then the Board may, by a simple majority of the | ||
remaining members, vote to recuse the Board member. Board | ||
members who are found to have voted on a matter in which | ||
they should have recused themselves may be removed from | ||
the Board by the Governor. | ||
A conflict of interest or appearance of bias may include, | ||
but is not limited to, matters where one of the following is a | ||
party to a decision on a decertification or formal complaint: | ||
someone with whom the member has an employment relationship; | ||
any of the following relatives: spouse, parents, children, | ||
adopted children, legal wards, stepchildren, step parents, | ||
step siblings, half siblings, siblings, parents-in-law, | ||
siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||
nephews; a friend; or a member of a professional organization, | ||
association, or a union in which the member now actively | ||
serves. | ||
(c) A vacancy in members does not prevent a quorum of the |
remaining sitting members from exercising all rights and | ||
performing all duties of the Board. | ||
(d) An individual serving on the Board shall not also | ||
serve on the Panel.
| ||
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
revised 10-13-21.)
| ||
(50 ILCS 705/3.1) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 3.1. Illinois Law Enforcement Certification Review | ||
Panel. | ||
(a) There is hereby created the Illinois Law Enforcement | ||
Certification Review Panel. The Panel shall be composed of the | ||
following members, to be appointed in accordance with this | ||
Section no later than 30 days after the effective date of this | ||
amendatory Act of the 101st General Assembly. An individual | ||
serving on the Panel shall not also serve on the Board. | ||
(1) The Governor shall appoint 4 3 members as | ||
prescribed in this paragraph (1): one person who shall be | ||
an active member from a statewide association representing | ||
State's Attorneys; and 3 2 persons who shall be Illinois | ||
residents who are from communities with disproportionately | ||
high instances of interaction with law enforcement, as | ||
indicated by a high need, underserved community with high | ||
rates of gun violence, unemployment, child poverty, and |
commitments to Illinois Department of Corrections, but who | ||
are not themselves law enforcement officers. The initial | ||
appointments of the Governor shall be for a period of 3 | ||
years. Their successors shall be appointed in like manner | ||
for terms to expire the first Monday of June each 3 years | ||
thereafter. All members shall serve until their respective | ||
successors are appointed and qualify. Vacancies shall be | ||
filled by the Governor for the unexpired terms. Terms | ||
shall run regardless of whether the position is vacant. | ||
(2) The Attorney General shall appoint 9 8 members as | ||
prescribed in this paragraph (2) . The membership shall | ||
have racial, ethnic, gender, and geographic diversity and | ||
include the following : two persons who shall be active | ||
members of statewide organization representing more than | ||
20,000 active and retired law enforcement officers; one | ||
person who shall be an active member of a statewide | ||
organization representing more than 3,000 active and | ||
retired law enforcement officials; one person who shall be | ||
an active member of a statewide association representing a | ||
minimum of 75 sheriffs; one person who shall be an active | ||
member of a statewide association representing at least | ||
200 municipal police chiefs; two persons who shall be | ||
active members of a minority law enforcement association; | ||
one person who shall be a representative of the victims' | ||
advocacy community but shall not be a member of law | ||
enforcement; and one person who shall be a resident of |
Illinois and shall not be an employee of the Office of the | ||
Illinois Attorney General. The members shall serve for a | ||
3-year term and until their respective successors are | ||
appointed and qualify. The members' successors shall be | ||
appointed in like manner for terms to expire the first | ||
Monday of June each 3 years thereafter. Any vacancy of | ||
these positions shall be filled by the Attorney General | ||
for the unexpired term. The term shall run regardless of | ||
whether the position is vacant. | ||
(b) The Panel shall annually elect by a simple majority | ||
vote one of its members as chairperson and one of its members | ||
as vice-chairperson. The vice-chairperson shall serve in the | ||
place of the chairperson at any meeting of the Panel in which | ||
the chairperson is not present. If both the chairperson and | ||
the vice-chairperson are absent at any meeting, the members | ||
present shall elect by a simple majority vote another member | ||
to serve as a temporary chairperson for the limited purpose of | ||
that meeting. No member shall be elected more than twice in | ||
succession to the same office. Each member shall serve until | ||
that member's successor has been elected and qualified. | ||
(c) The Board shall provide administrative assistance to | ||
the Panel. | ||
(d) The members of the Panel shall serve without | ||
compensation but shall be entitled to reimbursement for their | ||
actual and necessary expenses in attending meetings and in the | ||
performance of their duties hereunder. |
(e) Members of the Panel will receive initial and annual | ||
training that is adequate in quality, quantity, scope, and | ||
type, and will cover, at minimum the following topics: | ||
(1) constitutional and other relevant law on | ||
police-community encounters, including the law on the use | ||
of force and stops, searches, and arrests; | ||
(2) police tactics; | ||
(3) investigations of police conduct; | ||
(4) impartial policing; | ||
(5) policing individuals in crisis; | ||
(6) Illinois police policies, procedures, and | ||
disciplinary rules; | ||
(7) procedural justice; and | ||
(8) community outreach. | ||
The Board shall determine the content and extent of the | ||
training within the scope provided for by this subsection. | ||
(f) The State shall indemnify and hold harmless members of | ||
the Panel for all of their acts, omissions, decisions, or | ||
other conduct
arising out of the scope of their service on the | ||
Panel, except those involving willful or wanton misconduct. | ||
The method of providing indemnification shall be as provided | ||
in the State Employee Indemnification Act. | ||
(g) When a Panel member may have an actual, perceived, or | ||
potential conflict of interest or appearance of bias that | ||
could prevent the Panel member from making a fair and | ||
impartial decision on a complaint or formal complaint: |
(1) The Panel member shall self- recuse himself or | ||
herself . | ||
(2) If the Panel member fails to self- recuse himself | ||
or herself , then the remaining members of the Panel may, | ||
by a simple majority, vote to recuse the Panel member. Any | ||
Panel member who is found to have voted on a matter in | ||
which they should have self- recused themselves may be | ||
removed from the Panel by the State official who initially | ||
appointed the Panel member. A conflict of interest or | ||
appearance of bias may include, but is not limited to, | ||
matters where one of the following is a party to a | ||
certification decision for formal complaint: someone with | ||
whom the member has an employment relationship; any of the | ||
following relatives: spouse, parents, children, adopted | ||
children, legal wards, stepchildren, stepparents, step | ||
siblings, half siblings, siblings, parents-in-law, | ||
siblings-in-law, children-in-law, aunts, uncles, nieces, | ||
and nephews; a friend; or a member of a professional | ||
organization or , association , or a union in which the | ||
member now actively serves. | ||
(h) A vacancy in membership does not impair the ability of | ||
a quorum to exercise all rights and perform all duties of the | ||
Panel.
| ||
(i) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly and Public Act 101-652 take effect July |
1, 2022. | ||
(Source: P.A. 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/6) (from Ch. 85, par. 506)
| ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary
police officers, | ||
probationary county corrections officers, and
court security | ||
officers and
of providing advanced or in-service training for | ||
permanent police officers
or permanent
county corrections | ||
officers, which schools may be either publicly or
privately | ||
owned and operated. In addition, the Board has the following
| ||
power and duties:
| ||
a. To require local governmental units to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
police officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
|
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, or entered a plea of guilty to, a felony | ||
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||
of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude. The Board may | ||
appoint investigators who shall enforce
the duties | ||
conferred upon the Board by this Act.
| ||
(Source: P.A. 101-187, eff. 1-1-20 .) | ||
(Text of Section after amendment by P.A. 101-652, Article | ||
10, Section 10-143 but before amendment by P.A. 101-652, | ||
Article 25, Section 25-40 ) | ||
Sec. 6. Powers and duties of the Board; selection and |
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary
police officers, | ||
probationary county corrections officers, and
court security | ||
officers and
of providing advanced or in-service training for | ||
permanent police officers
or permanent
county corrections | ||
officers, which schools may be either publicly or
privately | ||
owned and operated. In addition, the Board has the following
| ||
power and duties:
| ||
a. To require local governmental units to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
police officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, or entered a plea of guilty to, a felony |
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||
of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude. The Board may | ||
appoint investigators who shall enforce
the duties | ||
conferred upon the Board by this Act.
| ||
f. To establish statewide standards for minimum | ||
standards regarding regular mental health screenings for | ||
probationary and permanent police officers, ensuring that | ||
counseling sessions and screenings remain confidential. | ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||
Section 10-143, eff. 7-1-21.) | ||
(Text of Section after amendment by P.A. 101-652, Article | ||
25, Section 25-40 )
| ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of |
providing basic training for probationary law enforcement
| ||
officers, probationary county corrections officers, and
court | ||
security officers and
of providing advanced or in-service | ||
training for permanent law enforcement officers
or permanent
| ||
county corrections officers, which schools may be either | ||
publicly or
privately owned and operated. In addition, the | ||
Board has the following
power and duties:
| ||
a. To require law enforcement agencies local | ||
governmental units, to furnish such reports and
| ||
information as the Board deems necessary to fully | ||
implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
law enforcement officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, found guilty of, or entered a plea of guilty | ||
to, or entered a plea of nolo contendere to a felony |
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | ||
11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, | ||
26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||
violation of any Section of Part E of Title III of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude, or any felony or | ||
misdemeanor in violation of federal law or the law of any | ||
state that is the equivalent of any of the offenses | ||
specified therein. The Board may appoint investigators who | ||
shall enforce
the duties conferred upon the Board by this | ||
Act.
| ||
For purposes of this paragraph e, a person is | ||
considered to have been convicted of, found guilty of, or | ||
entered a plea of guilty to, plea of nolo contendere to | ||
regardless of whether the adjudication of guilt or | ||
sentence is withheld or not entered thereon. This includes | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, or any similar disposition provided | ||
for by law. | ||
f. To establish statewide standards for minimum |
standards regarding regular mental health screenings for | ||
probationary and permanent police officers, ensuring that | ||
counseling sessions and screenings remain confidential. | ||
f. For purposes of this paragraph (e), a person is | ||
considered to have been "convicted of, found guilty of, or | ||
entered a plea of guilty to, plea of nolo contendere to" | ||
regardless of whether the adjudication of guilt or | ||
sentence is withheld or not entered thereon. This includes | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, or any similar disposition provided | ||
for by law. | ||
g. To review and ensure all law enforcement officers | ||
remain in compliance with this Act, and any administrative | ||
rules adopted under this Act. | ||
h. To suspend any certificate for a definite period, | ||
limit or restrict any certificate, or revoke any | ||
certificate. | ||
i. The Board and the Panel shall have power to secure | ||
by its subpoena and bring before it any person or entity in | ||
this State and to take testimony either orally or by | ||
deposition or both with the same fees and mileage and in | ||
the same manner as prescribed by law in judicial | ||
proceedings in civil cases in circuit courts of this | ||
State. The Board and the Panel shall also have the power to | ||
subpoena the production of documents, papers, files, | ||
books, documents, and records, whether in physical or |
electronic form, in support of the charges and for | ||
defense, and in connection with a hearing or | ||
investigation. | ||
j. The Executive Director, the administrative law | ||
judge designated by the Executive Director, and each | ||
member of the Board and the Panel shall have the power to | ||
administer oaths to witnesses at any hearing that the | ||
Board is authorized to conduct under this Act and any | ||
other oaths required or authorized to be administered by | ||
the Board under this Act. | ||
k. In case of the neglect or refusal of any person to | ||
obey a subpoena issued by the Board and the Panel, any | ||
circuit court, upon application of the Board and the | ||
Panel, through the Illinois Attorney General, may order | ||
such person to appear before the Board and the Panel give | ||
testimony or produce evidence, and any failure to obey | ||
such order is punishable by the court as a contempt | ||
thereof. This order may be served by personal delivery, by | ||
email, or by mail to the address of record or email address | ||
of record. | ||
l. The Board shall have the power to administer state | ||
certification examinations. Any and all records related to | ||
these examinations, including , but not limited to , test | ||
questions, test formats, digital files, answer responses, | ||
answer keys, and scoring information shall be exempt from | ||
disclosure. |
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||
25-40, eff. 1-1-22; revised 4-26-21.) | ||
(50 ILCS 705/6.1)
| ||
Sec. 6.1. Automatic decertification of full-time and | ||
part-time law enforcement officers.
| ||
(a) The Board must review law enforcement officer conduct | ||
and records to ensure that
no law enforcement
officer is | ||
certified
or provided a valid waiver if that law enforcement | ||
officer has been convicted of, found guilty of, entered a plea | ||
of guilty to, or entered a plea of nolo contendere to, a
felony | ||
offense under the laws of this
State or any other state which | ||
if committed in this State would be punishable
as a felony. The | ||
Board must also
ensure that no law enforcement officer is | ||
certified or provided a valid waiver if that law enforcement
| ||
officer has been convicted of, found guilty of, or entered a | ||
plea of guilty to, on or
after January 1, 2022 ( the effective | ||
date of Public Act 101-652) this amendatory Act of the 101st | ||
General Assembly of any misdemeanor
specified in this Section | ||
or if
committed in any other state would be an offense similar | ||
to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-9.1B, | ||
11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, | ||
17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any | ||
misdemeanor in violation of any Section of Part E of Title III | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or |
subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||
Cannabis Control Act, or any felony or misdemeanor in | ||
violation of federal law or the law of any state that is the | ||
equivalent of any of the offenses specified therein. The Board | ||
must appoint investigators to
enforce the duties conferred | ||
upon the
Board by this Act.
| ||
(a-1) For purposes of this Section, a person is "convicted | ||
of, or entered a plea of guilty to, plea of nolo contendere to, | ||
found guilty of" regardless of whether the adjudication of | ||
guilt or sentence is withheld or not entered thereon. This | ||
includes sentences of supervision, conditional discharge, or | ||
first offender probation, or any similar disposition provided | ||
for by law. | ||
(b) It is the responsibility of the sheriff or the chief | ||
executive officer
of every law enforcement governmental
agency | ||
or department within this State to report to the Board any | ||
arrest,
conviction, finding of guilt, plea of guilty, or plea | ||
of nolo contendere to, of any officer for an
offense | ||
identified in this Section, regardless of whether the | ||
adjudication of guilt or sentence is withheld or not entered | ||
thereon, this includes sentences of supervision, conditional | ||
discharge, or first offender probation.
| ||
(c) It is the duty and responsibility of every full-time | ||
and part-time law enforcement
officer in this State to report | ||
to
the Board within 14 days, and the officer's sheriff or chief |
executive officer,
of the officer's arrest, conviction, found | ||
guilty of, or plea of guilty for
an offense identified in this | ||
Section. Any full-time or part-time law enforcement
officer | ||
who knowingly makes, submits,
causes to be submitted, or files | ||
a false or untruthful report to the Board must
have the | ||
officer's certificate or waiver
immediately decertified or | ||
revoked.
| ||
(d) Any person, or a local or State agency, or the Board is | ||
immune from
liability for submitting,
disclosing, or releasing | ||
information of arrests, convictions, or pleas of guilty in | ||
this Section
as long as the information is
submitted, | ||
disclosed, or released in good faith and without malice. The | ||
Board
has qualified immunity for the
release of the | ||
information.
| ||
(e) Any full-time or part-time law enforcement officer | ||
with a certificate or waiver
issued by the Board who is
| ||
convicted of, found guilty of, or entered a plea of guilty to, | ||
or entered a plea of nolo contendere to any offense described | ||
in this Section immediately becomes
decertified or no longer | ||
has a valid
waiver. The decertification and invalidity of | ||
waivers occurs as a matter of
law. Failure of a convicted | ||
person to
report to the Board the officer's conviction as | ||
described in this Section or any
continued law enforcement | ||
practice
after receiving a conviction is a Class 4 felony.
| ||
For purposes of this Section, a person is considered to | ||
have been "convicted of, found guilty of, or entered a plea of |
guilty to, plea of nolo contendere to" regardless of whether | ||
the adjudication of guilt or sentence is withheld or not | ||
entered thereon, including sentences of supervision, | ||
conditional discharge, first offender probation, or any | ||
similar disposition as provided for by law. | ||
(f) The Board's investigators shall be law enforcement | ||
officers as defined in Section 2 of this Act. The Board shall | ||
not waive the training requirement unless the investigator has | ||
had a minimum of 5 years experience as a sworn officer of a | ||
local, State, or federal law enforcement agency. An | ||
investigator shall not have been terminated for good cause, | ||
decertified, had his or her law enforcement license or | ||
certificate revoked in this or any other jurisdiction, or been | ||
convicted of any of the conduct listed in subsection (a). Any | ||
complaint filed against the Board's investigators shall be | ||
investigated by the Illinois State Police.
| ||
(g) The Board must request and receive information and | ||
assistance from any
federal, state, or local , or private | ||
enforcement
governmental agency as part of the authorized | ||
criminal background
investigation. The Illinois State Police | ||
must process, retain, and
additionally
provide
and disseminate | ||
information to the Board concerning criminal charges, arrests,
| ||
convictions, and their disposition, that have
been filed | ||
against a basic academy applicant, law enforcement
applicant, | ||
or law enforcement officer whose fingerprint identification | ||
cards
are on file or maintained by the Illinois State Police. |
The Federal
Bureau
of
Investigation must provide the Board any | ||
criminal history record information
contained in its files | ||
pertaining to law
enforcement officers or any applicant to a | ||
Board certified basic law
enforcement academy as described in | ||
this Act
based on fingerprint identification. The Board must | ||
make payment of fees to the
Illinois State Police for each
| ||
fingerprint card submission in conformance with the | ||
requirements of paragraph
22 of Section 55a of the Civil
| ||
Administrative Code of Illinois.
| ||
(g-5) Notwithstanding any provision of law to the | ||
contrary, the changes to this Section made by this amendatory
| ||
Act of the 102nd General Assembly and Public Act 101-652 shall
| ||
apply prospectively only from July 1, 2022. | ||
(h) (Blank).
| ||
(i) (Blank).
| ||
(j) (Blank).
| ||
(k) (Blank).
| ||
(l) (Blank).
| ||
(m) (Blank).
| ||
(n) (Blank).
| ||
(o) (Blank).
| ||
(p) (Blank).
| ||
(q) (Blank).
| ||
(r) (Blank).
| ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||
102-538, eff. 8-20-21; revised 10-13-21.)
|
(50 ILCS 705/6.2)
| ||
(Section scheduled to be repealed on January 1, 2022) | ||
Sec. 6.2. Officer professional conduct database. In order | ||
to ensure the continuing effectiveness of this
Section, it is | ||
set forth in full and reenacted by this amendatory
Act of the | ||
102nd General Assembly. This
reenactment is intended as a | ||
continuation of this Section. This
reenactment is
not intended | ||
to supersede any amendment to this Section that may be
made by | ||
any other Public Act of the 102nd General Assembly.
| ||
(a) All law enforcement agencies shall notify the Board of | ||
any final determination of willful violation of department or | ||
agency policy, official misconduct, or violation of law when:
| ||
(1) the officer is discharged or dismissed as a result | ||
of the violation; or
| ||
(2) the officer resigns during the course of an | ||
investigation and after the officer has been served notice | ||
that he or she is under investigation that is based on the | ||
commission of any felony or sex offense.
| ||
The agency shall report to the Board within 30 days of a | ||
final decision of discharge or dismissal and final exhaustion | ||
of any appeal, or resignation, and shall provide information | ||
regarding the nature of the violation.
| ||
(b) Upon receiving notification from a law enforcement | ||
agency, the Board must notify the law enforcement officer of | ||
the report and his or her right to provide a statement |
regarding the reported violation. | ||
(c) The Board shall maintain a database readily available | ||
to any chief administrative officer, or his or her designee, | ||
of a law enforcement agency or any State's Attorney that shall | ||
show each reported instance, including the name of the | ||
officer, the nature of the violation, reason for the final | ||
decision of discharge or dismissal, and any statement provided | ||
by the officer.
| ||
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652, | ||
Article 25, Section 25-45, eff. 1-1-22.) | ||
(50 ILCS 705/6.3) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 6.3. Discretionary decertification of full-time and | ||
part-time law enforcement officers. | ||
(a) Definitions. For purposes of this Section 6.3: | ||
"Duty to intervene" means an obligation to intervene to | ||
prevent harm from occurring that arises when: an officer is | ||
present, and has reason to know (1) that excessive force is | ||
being used or that any constitutional violation has been | ||
committed by a law enforcement official; and (2) the officer | ||
has a realistic opportunity to intervene. This duty applies | ||
equally to supervisory and nonsupervisory officers. If aid is | ||
required, the officer shall not, when reasonable to administer | ||
aid, knowingly and willingly refuse to render aid as defined |
by State or federal law. An officer does not violate this duty | ||
if the failure to render aid is due to circumstances such as | ||
lack of appropriate specialized training, lack of resources or | ||
equipment, or if it is unsafe or impracticable to render aid. | ||
"Excessive use of force" means using force in violation of | ||
State or federal law. | ||
"False statement" means (1) any knowingly false statement | ||
provided on a form or report, (2) that the writer does not | ||
believe to be true, and (3) that the writer includes to mislead | ||
a public servant in performing the public servant's official | ||
functions. | ||
"Perjury" means that as defined under Sections 32-2 and | ||
32-3 of the Criminal Code of 2012. | ||
"Tampers with or fabricates evidence" means if a law | ||
enforcement officer (1) has reason to believe that an official | ||
proceeding is pending or may be instituted, and (2) alters, | ||
destroys, conceals, or removes any record, document, data, | ||
video or thing to impair its validity or availability in the | ||
proceeding. | ||
(b) Decertification conduct.
The Board has the authority | ||
to decertify a full-time or a part-time law enforcement | ||
officer upon a determination by the Board that the law | ||
enforcement officer has: | ||
(1) committed an act that would constitute a felony or | ||
misdemeanor which could serve as basis for automatic | ||
decertification, whether or not the law enforcement |
officer was criminally prosecuted, and whether or not the | ||
law enforcement officer's employment was terminated; | ||
(2) exercised excessive use of force; | ||
(3) failed to comply with the officer's duty to | ||
intervene, including through acts or omissions; | ||
(4) tampered with a dash camera or body-worn camera or | ||
data recorded by a dash camera or body-worn camera or | ||
directed another to tamper with or turn off a dash camera | ||
or body-worn camera or data recorded by a dash camera or | ||
body-worn camera for the purpose of concealing, destroying | ||
or altering potential evidence; | ||
(5) engaged in the following conduct relating to the | ||
reporting, investigation, or prosecution of a crime: | ||
committed perjury, made a false statement, or knowingly | ||
tampered with or fabricated evidence; and | ||
(6) engaged in any unprofessional, unethical, | ||
deceptive, or deleterious conduct or practice harmful to | ||
the public; such conduct or practice need not have | ||
resulted in actual injury to any person. As used in this | ||
paragraph, the term "unprofessional conduct" shall include | ||
any departure from, or failure to conform to, the minimal | ||
standards of acceptable and prevailing practice of an | ||
officer. | ||
(b-5) The Board has the authority to decertify a full-time | ||
or part-time law enforcement officer notwithstanding whether a | ||
law enforcement agency takes disciplinary action against a law |
enforcement officer for the same underlying conduct as | ||
outlined in subsection (b). | ||
(c) Notice of Alleged Violation. | ||
(1) The following individuals and agencies shall | ||
notify the Board within 7 days of becoming aware of any | ||
violation described in subsection (b): | ||
(A) A law enforcement governmental agency as | ||
defined in Section 2
or any law enforcement officer of | ||
this State. For this subsection (c), law enforcement | ||
governmental agency includes, but is not limited to, a | ||
civilian review board,
an inspector general, and legal | ||
counsel for a law enforcement
government agency. | ||
(B) The Executive Director of the Board; | ||
(C) A State's Attorney's Office of this State. | ||
"Becoming aware" does not include confidential | ||
communications between agency lawyers and agencies | ||
regarding legal advice. For purposes of this subsection, | ||
" law enforcement governmental agency" does not include the | ||
Illinois
Attorney General when providing legal | ||
representation to a law enforcement officer under the | ||
State Employee Indemnification Act. | ||
(2) Any person may also notify the Board of any | ||
conduct the person believes a law enforcement officer has | ||
committed as described in subsection (b). Such | ||
notifications may be made confidentially. Notwithstanding | ||
any other provision in state law or any collective |
bargaining agreement, the Board shall accept notice and | ||
investigate any allegations from individuals who remain | ||
confidential. | ||
(3) Upon written request, the Board shall disclose to | ||
the individual or entity who filed a notice of violation | ||
the status of the Board's review. | ||
(d) Form. The notice of violation reported under | ||
subsection (c) shall be on a form prescribed by the Board in | ||
its rules. The form shall be publicly available by paper and | ||
electronic means. The form shall include fields for the | ||
following information, at a minimum: | ||
(1) the full name, address, and telephone number of | ||
the
person submitting the notice; | ||
(2) if submitted under subsection (c)(1), the agency | ||
name
and title of the person submitting the notice; | ||
(3) the full name, badge number, employing | ||
governmental agency, and physical description of the | ||
officer, if known; | ||
(4) the full name or names, address or addresses, | ||
telephone number or numbers, and physical description or | ||
descriptions of any witnesses, if known; | ||
(5) a concise statement of facts that describe the | ||
alleged violation and any copies of supporting evidence | ||
including but not limited to any photographic, video, or | ||
audio recordings of the incident; | ||
(6) whether the person submitting the notice has |
notified any other agency; and | ||
(7) an option for an individual, who submits directly | ||
to the Board, to consent to have the individual's identity | ||
disclosed. The identity of any individual providing | ||
information or reporting any possible or alleged violation | ||
to the Board shall be kept confidential and may not be | ||
disclosed without the consent of that individual, unless | ||
the individual consents to disclosure of the individual's | ||
name or disclosure of the individual's identity is | ||
otherwise required by law. The confidentiality granted by | ||
this subsection does not preclude the disclosure of the | ||
identity of a person in any capacity other than as the | ||
source of an allegation. | ||
(a) The identity of any individual providing | ||
information or reporting any possible or alleged | ||
violation to the Board shall be kept confidential and | ||
may not be disclosed without the consent of that | ||
individual, unless the individual consents to | ||
disclosure of the individual's name or disclosure of | ||
the individual's identity is otherwise required by | ||
law. The confidentiality granted by this subsection | ||
does not preclude the disclosure of the identity of a | ||
person in any capacity other than as the source of an | ||
allegation. | ||
Nothing in this subsection (d) shall preclude the Board | ||
from receiving, investigating, or acting upon allegations made |
confidentially or in a format different from the form provided | ||
for in this subsection. | ||
(e) Preliminary review. | ||
(1) The Board shall complete a preliminary review of | ||
the allegations to determine whether there is sufficient | ||
information to warrant a further investigation of any | ||
violations of the Act. Upon initiating a preliminary | ||
review of the allegations, the Board shall notify the head | ||
of the law enforcement governmental agency that employs | ||
the law enforcement officer who is the subject of the | ||
allegations. At the request of the Board, the law | ||
enforcement governmental agency must submit any copies of | ||
investigative findings, evidence, or documentation to the | ||
Board in accordance with rules adopted by the Board to | ||
facilitate the Board's preliminary review. The Board may | ||
correspond with the law enforcement governmental agency, | ||
official records clerks or any investigative agencies in | ||
conducting its preliminary review. | ||
(2) During the preliminary review, the Board will take | ||
all reasonable steps to discover any and all objective | ||
verifiable evidence relevant to the alleged violation | ||
through the identification, retention, review, and | ||
analysis of all currently available evidence, including, | ||
but not limited to: all time-sensitive evidence, audio and | ||
video evidence, physical evidence, arrest reports, | ||
photographic evidence, GPS records, computer data, lab |
reports, medical documents, and witness interviews. All | ||
reasonable steps will be taken to preserve relevant | ||
evidence identified during the preliminary investigation. | ||
(3) If after a preliminary review of the alleged | ||
violation or violations, the Board believes there is | ||
sufficient information to warrant further investigation of | ||
any violations of this Act, the alleged violation or | ||
violations shall be assigned for investigation in | ||
accordance with subsection (f). | ||
(4) If after a review of the allegations, the Board | ||
believes there is insufficient information supporting the | ||
allegations to warrant further investigation, it may close | ||
a notice. Notification of the Board's decision to close a | ||
notice shall be sent to all relevant individuals, | ||
agencies, and any entities that received notice of the | ||
violation under subsection (c) within 30 days of the | ||
notice being closed, except in cases where the notice is | ||
submitted anonymously if the complainant is unknown. | ||
(5) Except when the Board has received notice under | ||
subparagraph (A) of paragraph (1) of subsection (c), no | ||
later than 30 days after receiving notice, the Board shall | ||
report any notice of violation it
receives to the relevant | ||
law enforcement governmental agency, unless reporting the | ||
notice would jeopardize any subsequent investigation. The | ||
Board shall also record any notice of violation it | ||
receives to the Officer Professional Conduct Database in |
accordance with Section 9.2. The Board shall report to the | ||
appropriate State's Attorney any alleged violations that | ||
contain allegations, claims, or factual assertions that, | ||
if true, would constitute a violation of Illinois law. The | ||
Board shall inform the law enforcement officer via | ||
certified mail that it has received a notice of violation | ||
against the law enforcement officer. | ||
If the Board determines that due to the circumstances | ||
and the nature of the allegation that it would not be | ||
prudent to notify the law enforcement officer and the | ||
officer's law enforcement governmental agency unless and | ||
until the filing of a Formal Complaint, the Board shall | ||
document in the file the reason or reasons a notification | ||
was not made. | ||
(6) If the law enforcement officer is involved in a | ||
criminal proceeding on the same subject as the notice of | ||
violation has been initiated against the law enforcement | ||
officer , the Board is responsible for maintaining a | ||
current status report including court dates, hearings, | ||
pleas, adjudication status and sentencing. A State's | ||
Attorney's Office must notify is responsible for notifying | ||
the Board of any criminal charges filed against a law | ||
enforcement officer , and must provide updates of | ||
significant developments to the Board in a timely manner | ||
but no later than 30 days after such developments . | ||
(f) Investigations; requirements. Investigations are to be |
assigned after a preliminary review, unless the investigations | ||
were closed under paragraph (4) of subsection (e), as follows | ||
in paragraphs (1), (2), and (3) of this subsection (f). | ||
(1) A law enforcement governmental agency that submits | ||
a notice of violation to the Board under subparagraph (A) | ||
of paragraph (1) of subsection (c) shall be responsible | ||
for conducting an investigation of the underlying | ||
allegations except when: (i) the law enforcement | ||
governmental agency refers the notice to another law | ||
enforcement governmental agency or the Board for | ||
investigation and such other agency or the Board agrees to | ||
conduct the investigation; (ii) an external, independent, | ||
or civilian oversight agency conducts the investigation in | ||
accordance with local ordinance or other applicable law; | ||
or (iii) the Board has determined that it will conduct the | ||
investigation based upon the facts and circumstances of | ||
the alleged violation, including but not limited to, | ||
investigations regarding the Chief or Sheriff of a law | ||
enforcement governmental agency, familial conflict of | ||
interests, complaints involving a substantial portion of a | ||
law enforcement governmental agency, or complaints | ||
involving a policy of a law enforcement governmental | ||
agency. Any agency or entity conducting an investigation | ||
under this paragraph (1) shall submit quarterly reports to | ||
the Board regarding the progress of the investigation. The | ||
quarterly report shall be reviewed by the individual or |
individuals at the Board who conducted the preliminary | ||
review, if available. | ||
Any agency or entity conducting an investigation under | ||
this paragraph (1) shall, within 7 days of completing an | ||
investigation, deliver an Investigative Summary Report and | ||
copies of any administrative evidence to the Board. If the | ||
Board finds an investigation conducted under this | ||
paragraph (1) is incomplete, unsatisfactory, or deficient | ||
in any way, the Board may direct the investigating entity | ||
or agency to take any additional investigative steps | ||
deemed necessary to thoroughly and satisfactorily complete | ||
the investigation, or the Board may take any steps | ||
necessary to complete the investigation. The investigating | ||
entity or agency or, when necessary, the Board will then | ||
amend and re-submit the Investigative Summary Report to | ||
the Board for approval. | ||
The Board shall submit a report to the investigating | ||
entity disclosing the name, address, and telephone numbers | ||
of persons who have knowledge of facts which are the | ||
subject of the investigation and identifying the subject | ||
matter of their knowledge. | ||
(2) The Board shall investigate and complete an
| ||
Investigative Summary Report when a State's Attorney's | ||
Office
submits a notice of violation to the Board under
| ||
(c)(1)(C). | ||
(3) When a person submits a notice to the Board under |
paragraph (2) of subsection (c), The Board shall assign | ||
the investigation to the law enforcement governmental | ||
agency that employs the law enforcement officer, except | ||
when: (i) the law enforcement governmental agency requests | ||
to refer the notice to another law enforcement | ||
governmental agency or the Board for investigation and | ||
such other agency or the Board agrees to conduct the | ||
investigation; (ii) an external, independent, or civilian | ||
oversight agency conducts the investigation in accordance | ||
with local ordinance or other applicable law; or (iii) the | ||
Board has determined that it will conduct the | ||
investigation based upon the facts and circumstances of | ||
the alleged violation, including but not limited to, | ||
investigations regarding the Chief or Sheriff of a law | ||
enforcement governmental agency, familial conflict of | ||
interests, complaints involving a substantial portion of a | ||
law enforcement governmental agency, or complaints | ||
involving a policy of a law enforcement governmental | ||
agency. | ||
The investigating entity or agency shall submit | ||
quarterly reports to the Board regarding the progress of | ||
the investigation in a form to be determined by the Board. | ||
The quarterly report shall be reviewed by the individual | ||
at the Board who conducted the preliminary review, if | ||
available. | ||
The investigating entity or agency shall, within 7 days of |
completing an investigation, deliver an Investigative | ||
Summary Report and copies of any evidence to the Board. If | ||
the Board finds an investigation conducted under this | ||
subsection (f)(3) is incomplete, unsatisfactory, or | ||
deficient in any way, the Board may direct the | ||
investigating entity to take any additional investigative | ||
steps deemed necessary to thoroughly and satisfactorily | ||
complete the investigation, or the Board may take any | ||
steps necessary to complete the investigation. The | ||
investigating entity or agency or, when necessary, the | ||
Board will then amend and re-submit the The Investigative | ||
Summary Report to the Board for approval. The | ||
investigating entity shall cooperate with and assist the | ||
Board, as necessary, in any subsequent investigation. | ||
(4) Concurrent Investigations. The Board may, at any | ||
point, initiate a concurrent investigation under this | ||
section. The original investigating entity shall timely | ||
communicate, coordinate, and cooperate with the Board to | ||
the fullest extent. The Board shall promulgate rules that | ||
shall address, at a minimum, the sharing of information | ||
and investigative means such as subpoenas and interviewing | ||
witnesses. | ||
(5) Investigative Summary Report. An Investigative | ||
Summary Report shall contain, at a minimum, the | ||
allegations and elements within each allegation followed | ||
by the testimonial, documentary, or physical evidence that |
is relevant to each such allegation or element listed and | ||
discussed in association with it. All persons who have | ||
been interviewed and listed in the Investigative
Summary | ||
Report will be identified as a complainant, witness, | ||
person with specialized knowledge, or law enforcement | ||
employee. | ||
(6) Each law enforcement governmental agency shall | ||
adopt a written policy regarding the investigation of | ||
conduct under subsection (a) that involves a law | ||
enforcement officer employed by that law enforcement | ||
governmental agency. The written policy adopted must | ||
include the following, at a minimum: | ||
(a) Each law enforcement officer shall immediately | ||
report
any conduct under subsection (b) to the | ||
appropriate
supervising officer. | ||
(b) The written policy under this Section shall be
| ||
available for inspection and copying under the Freedom | ||
of
Information Act, and not subject to any exemption | ||
of that
Act. | ||
(7) Nothing in this Act shall prohibit a law | ||
enforcement governmental agency from conducting an | ||
investigation for the purpose of internal discipline. | ||
However, any such investigation shall be conducted in a | ||
manner that avoids interference with, and preserves the | ||
integrity of, any separate investigation by the Board | ||
being conducted. |
(g) Formal complaints. Upon receipt of an Investigative | ||
Summary Report, the Board shall review the Report and any | ||
relevant evidence obtained and determine whether there is | ||
reasonable basis to believe that the law enforcement officer | ||
committed any conduct that would be deemed a violation of this | ||
Act. If after reviewing the Report and any other relevant | ||
evidence obtained, the Board determines that a reasonable | ||
basis does exist, the Board shall file a formal complaint with | ||
the Certification Review Panel. | ||
(h) Formal Complaint Hearing. | ||
(1) Upon issuance of a formal complaint, the Panel | ||
shall set the matter for an initial hearing in front of an | ||
administrative law judge. At least 30 days before the date | ||
set for an initial hearing, the Panel must, in writing, | ||
notify the law enforcement officer subject to the | ||
complaint of the following: | ||
(i) the allegations against the law enforcement | ||
officer, the time and place for the hearing, and | ||
whether the law enforcement officer's
certification | ||
has been temporarily suspended under Section 8.3; | ||
(ii) the right to file a written answer to the | ||
complaint with the Panel within 30 days after service | ||
of the notice; | ||
(iii) if the law enforcement officer fails to | ||
comply with the notice of the default order in | ||
paragraph (2), the Panel shall enter a default order |
against the law enforcement officer along with a | ||
finding that the allegations in the complaint are | ||
deemed admitted, and that the law enforcement | ||
officer's certification may be revoked as a result; | ||
and | ||
(iv) the law enforcement officer may request an | ||
informal conference to surrender the officer's | ||
certification. | ||
(2) The Board shall send the law enforcement officer | ||
notice of the default order. The notice shall state that | ||
the officer has 30 days to notify the Board in writing of | ||
their desire to have the order vacated and to appear | ||
before the Board. If the law enforcement officer does not | ||
notify the Board within 30 days, the Board may set the | ||
matter for hearing. If the matter is set for hearing, the | ||
Board shall send the law enforcement officer the notice of | ||
the date, time and location of the hearing. If the law | ||
enforcement officer or counsel for the officer does | ||
appear, at the Board's discretion, the hearing may proceed | ||
or may be continued to a date and time agreed upon by all | ||
parties. If on the date of the hearing, neither the law | ||
enforcement officer nor counsel for the officer appears, | ||
the Board may proceed with the hearing for default in | ||
their absence. | ||
(3) If the law enforcement officer fails to comply | ||
with paragraph (2), all of the allegations contained in |
the complaint shall be deemed admitted and the law | ||
enforcement officer shall be decertified if, by a majority | ||
vote of the panel, the conduct charged in the complaint is | ||
found to constitute sufficient grounds for decertification | ||
under this Act. Notice of the decertification decision may | ||
be served by personal delivery, by mail, or, at the | ||
discretion of the Board, by electronic means as adopted by | ||
rule to the address or email address specified by the law | ||
enforcement officer in the officer's last communication | ||
with the Board. Notice shall also be provided to the law | ||
enforcement officer's employing law enforcement | ||
governmental agency. | ||
(4) The Board, at the request of the law enforcement | ||
officer subject to the Formal Complaint, may suspend a | ||
hearing on a Formal Complaint for no more than one year if | ||
a concurrent criminal matter is pending. If the law | ||
enforcement officer requests to have the hearing | ||
suspended, the law enforcement officer's certification | ||
shall be deemed inactive until the law enforcement | ||
officer's Formal Complaint hearing concludes. The Board or | ||
the law enforcement officer may request to have the | ||
hearing suspended for up to 6 additional months for good | ||
cause. This request may be renewed. For purposes of this | ||
paragraph (4), "good cause" means an incident or | ||
occurrence that is beyond the control of the requester and | ||
that prevents the hearing from occurring, or holding the |
hearing would impose an undue hardship or prejudice on the | ||
requester. | ||
(5) Surrender of certification or waiver. Upon the | ||
Board's issuance of a complaint, and prior to hearing on | ||
the matter, a law enforcement officer may choose to | ||
surrender the officer's certification or waiver by | ||
notifying the Board in writing of the officer's decision | ||
to do so. Upon receipt of such notification from the law | ||
enforcement officer, the Board shall immediately decertify | ||
the officer, or revoke any waiver previously granted. In | ||
the case of a surrender of certification or waiver, the | ||
Board's proceeding shall terminate. | ||
(6) Appointment of administrative law judges. The | ||
Board shall retain any attorney licensed to practice law | ||
in the State of Illinois to serve as an administrative law | ||
judge in any action involving initiated against a law | ||
enforcement officer under this Act. The administrative law | ||
judge shall be retained to a term of no greater than 4 | ||
years. If more than one judge is retained, the terms shall | ||
be staggered. The administrative law judge has full | ||
authority to conduct the hearings. | ||
Administrative law judges will receive initial and | ||
annual training that is adequate in quality, quantity, | ||
scope, and type, and will cover, at minimum the following | ||
topics: | ||
(i) constitutional and other relevant law on |
police-community encounters, including the law on the | ||
use of force and stops, searches, and arrests; | ||
(ii) police tactics; | ||
(iii) investigations of police conduct; | ||
(iv) impartial policing; | ||
(v) policing individuals in crisis; | ||
(vi) Illinois police policies, procedures, and | ||
disciplinary rules; | ||
(vii) procedural justice; and | ||
(viii) community outreach. | ||
The Board shall determine the content and extent of | ||
the training within the scope provided for by this | ||
subsection. | ||
(7) Hearing. At the hearing, the administrative law | ||
judge will hear the allegations alleged in the complaint. | ||
The law enforcement officer, the counsel of the officer's | ||
choosing, and the Board, or the officer's counsel, shall | ||
be afforded the opportunity to present any pertinent | ||
statements, testimony, evidence, and arguments. The law | ||
enforcement officer shall be afforded the opportunity to | ||
request that the Board compel the attendance of witnesses | ||
and production of related documents. After the conclusion | ||
of the hearing, the administrative law judge shall report | ||
any his or her findings of fact, conclusions of law, and | ||
recommended disposition to the Panel. If the law | ||
enforcement officer objects to any procedural or |
substantive legal portion of the report, the officer may | ||
do so by written brief filed with the Panel within 14 days | ||
after receipt of the report. The Panel may grant | ||
reasonable extensions for good cause shown or when | ||
mutually agreed upon by the parties. | ||
No later than 28 days before the hearing, a party | ||
shall disclose the following: | ||
(i) The name and, if known, the address and | ||
telephone number of each individual likely to have | ||
information relevant to the hearing that the | ||
disclosing party may use to support its claims or | ||
defenses. This includes, but is not limited to, any | ||
name that has previously been held as confidential by | ||
the Board. | ||
(ii) A copy of any documents and videos that are in | ||
the possession, custody, or control of the party, and | ||
that the disclosing party may use to support its | ||
claims or defenses. | ||
(8) Certification Review Meeting. Upon receipt of the | ||
administrative law judge's findings of fact, conclusions | ||
of law, and recommended disposition, and any submitted | ||
objections from the law enforcement officer, the Panel | ||
shall call for a certification review meeting. | ||
In such a meeting, the Panel may adjourn into a closed | ||
conference for the purposes of deliberating on the | ||
evidence presented during the hearing. In closed |
conference, the Panel shall consider the hearing officer's | ||
findings of fact, conclusions of law, and recommended | ||
disposition and may deliberate on all evidence and | ||
testimony received and may consider the weight and | ||
credibility to be given to the evidence received. No new | ||
or additional evidence may be presented to the Panel. | ||
After concluding its deliberations, the Panel shall | ||
convene in open session for its consideration of the | ||
matter. If a simple majority of the Panel finds that no | ||
allegations in the complaint supporting one or more | ||
charges of misconduct are proven by clear and convincing | ||
evidence, then the Panel shall recommend to the Board that | ||
the complaint be dismissed. If a simple majority of the | ||
Panel finds that the allegations in the complaint | ||
supporting one or more charges of misconduct are proven by | ||
clear and convincing evidence, then the Panel shall | ||
recommend to the Board to decertify the officer. The Panel | ||
shall prepare a summary report as soon as practicable | ||
after the completion of the meeting including the | ||
following: In doing so, the Panel may adopt, in whole or in | ||
part, the hearing officer's findings of fact, conclusions | ||
of law, and recommended disposition , and the Panel's | ||
order . | ||
(9) Final action by the Board. After receiving the | ||
Panel's recommendations and any objections by the law | ||
enforcement officer , and after due consideration of the |
Panel's recommendations, the Board, by majority vote, | ||
shall issue a final decision to decertify the law | ||
enforcement officer or take no action in regard to the law | ||
enforcement officer. No new or additional evidence may be | ||
presented to the Board. If the Board makes a final | ||
decision contrary to the recommendations of the Panel, the | ||
Board shall set forth in its final written decision the | ||
specific written reasons for not following the Panel's | ||
recommendations. A copy of the Board's final decision | ||
shall be served upon the law enforcement officer by the | ||
Board, either personally or as provided in this Act for | ||
the service of a notice of hearing. A copy of the Board's | ||
final decision also shall be delivered to the last | ||
employing law enforcement governmental agency, the | ||
complainant, and the Panel. | ||
(10) Reconsideration of the Board's Decision. Within | ||
30 days after service of the Board's final decision, the | ||
Panel or the law enforcement officer may file a written | ||
motion for reconsideration with the Review Committee | ||
Board . The motion for reconsideration shall specify the | ||
particular grounds for reconsideration. The non-moving | ||
party may respond to the motion for reconsideration. The | ||
Review Committee shall only address the issues raised by | ||
the parties. | ||
The Review Committee Board may deny the motion for | ||
reconsideration, or it may grant the motion in whole or in |
part and issue a new final decision in the matter. The | ||
Review Committee Board must notify the law enforcement | ||
officer and their last employing law enforcement agency | ||
within 14 days of a denial and state the reasons for | ||
denial.
| ||
(i) This Section applies to conduct by a full-time or | ||
part-time law enforcement officer in violation of subsection | ||
(b) that occurred before, on, or after the effective date of | ||
this amendatory Act of the 102nd General Assembly. | ||
(j) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly and Public Act 101-652 take effect July | ||
1, 2022. | ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/6.7) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 6.7. Certification and decertification procedures | ||
under Act exclusive. Notwithstanding any other law, the | ||
certification and decertification procedures, including the | ||
conduct of any investigation or hearing, under this Act are | ||
the sole and exclusive procedures for certification as law | ||
enforcement officers in Illinois and are not subject to | ||
collective bargaining under the Illinois Public Labor | ||
Relations Act or appealable except as set forth herein. The |
provisions of any collective bargaining agreement adopted by a | ||
law enforcement governmental agency and covering the law | ||
enforcement officer or officers under investigation shall be | ||
inapplicable to any investigation or hearing conducted under | ||
this Act. | ||
An individual has no property interest in law enforcement | ||
certification employment or otherwise resulting from law | ||
enforcement officer certification at the time of initial | ||
certification or at any time thereafter, including, but not | ||
limited to, after decertification or after the officer's | ||
certification has been deemed inactive. Nothing in this Act | ||
shall be construed to create a requirement that a law | ||
enforcement governmental agency shall continue to employ a law | ||
enforcement officer who has been decertified.
| ||
(Source: P.A. 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/7) (from Ch. 85, par. 507)
| ||
(Text of Section before amendment by P.A. 101-652 )
| ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
| ||
a. The curriculum for probationary police officers | ||
which shall be
offered by all certified schools shall | ||
include, but not be limited to,
courses of procedural | ||
justice, arrest and use and control tactics, search and | ||
seizure, including temporary questioning, civil rights, |
human rights, human relations,
cultural competency, | ||
including implicit bias and racial and ethnic sensitivity,
| ||
criminal law, law of criminal procedure, constitutional | ||
and proper use of law enforcement authority, vehicle and | ||
traffic law including
uniform and non-discriminatory | ||
enforcement of the Illinois Vehicle Code,
traffic control | ||
and accident investigation, techniques of obtaining
| ||
physical evidence, court testimonies, statements, reports, | ||
firearms
training, training in the use of electronic | ||
control devices, including the psychological and | ||
physiological effects of the use of those devices on | ||
humans, first-aid (including cardiopulmonary | ||
resuscitation), training in the administration of opioid | ||
antagonists as defined in paragraph (1) of subsection (e) | ||
of Section 5-23 of the Substance Use Disorder Act, | ||
handling of
juvenile offenders, recognition of
mental | ||
conditions and crises, including, but not limited to, the | ||
disease of addiction, which require immediate assistance | ||
and response and methods to
safeguard and provide | ||
assistance to a person in need of mental
treatment, | ||
recognition of abuse, neglect, financial exploitation, and | ||
self-neglect of adults with disabilities and older adults, | ||
as defined in Section 2 of the Adult Protective Services | ||
Act, crimes against the elderly, law of evidence, the | ||
hazards of high-speed police vehicle
chases with an | ||
emphasis on alternatives to the high-speed chase, and
|
physical training. The curriculum shall include specific | ||
training in
techniques for immediate response to and | ||
investigation of cases of domestic
violence and of sexual | ||
assault of adults and children, including cultural | ||
perceptions and common myths of sexual assault and sexual | ||
abuse as well as interview techniques that are age | ||
sensitive and are trauma informed, victim centered, and | ||
victim sensitive. The curriculum shall include
training in | ||
techniques designed to promote effective
communication at | ||
the initial contact with crime victims and ways to | ||
comprehensively
explain to victims and witnesses their | ||
rights under the Rights
of Crime Victims and Witnesses Act | ||
and the Crime
Victims Compensation Act. The curriculum | ||
shall also include training in effective recognition of | ||
and responses to stress, trauma, and post-traumatic stress | ||
experienced by police officers that is consistent with | ||
Section 25 of the Illinois Mental Health First Aid | ||
Training Act in a peer setting, including recognizing | ||
signs and symptoms of work-related cumulative stress, | ||
issues that may lead to suicide, and solutions for | ||
intervention with peer support resources. The curriculum | ||
shall include a block of instruction addressing the | ||
mandatory reporting requirements under the Abused and | ||
Neglected Child Reporting Act. The curriculum shall also | ||
include a block of instruction aimed at identifying and | ||
interacting with persons with autism and other |
developmental or physical disabilities, reducing barriers | ||
to reporting crimes against persons with autism, and | ||
addressing the unique challenges presented by cases | ||
involving victims or witnesses with autism and other | ||
developmental disabilities. The curriculum shall include | ||
training in the detection and investigation of all forms | ||
of human trafficking. The curriculum shall also include | ||
instruction in trauma-informed responses designed to | ||
ensure the physical safety and well-being of a child of an | ||
arrested parent or immediate family member; this | ||
instruction must include, but is not limited to: (1) | ||
understanding the trauma experienced by the child while | ||
maintaining the integrity of the arrest and safety of | ||
officers, suspects, and other involved individuals; (2) | ||
de-escalation tactics that would include the use of force | ||
when reasonably necessary; and (3) inquiring whether a | ||
child will require supervision and care. The curriculum | ||
for
permanent police officers shall include, but not be | ||
limited to: (1) refresher
and in-service training in any | ||
of the courses listed above in this
subparagraph, (2) | ||
advanced courses in any of the subjects listed above in
| ||
this subparagraph, (3) training for supervisory personnel, | ||
and (4)
specialized training in subjects and fields to be | ||
selected by the board. The training in the use of | ||
electronic control devices shall be conducted for | ||
probationary police officers, including University police |
officers.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local | ||
law enforcement officer for a participating local
| ||
governmental agency. Those requirements shall include | ||
training in first aid
(including cardiopulmonary | ||
resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
| ||
A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to |
his or her successful completion of the
training course; | ||
(ii) attesting to his or her satisfactory
completion of a | ||
training program of similar content and number of hours | ||
that
has been found acceptable by the Board under the | ||
provisions of this Act; or
(iii) attesting to the Board's | ||
determination that the training
course is unnecessary | ||
because of the person's extensive prior law enforcement
| ||
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act | ||
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the | ||
Board, or they
shall forfeit their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit | ||
Commission, shall maintain a list of all
individuals who | ||
have filed applications to become court security officers | ||
and
who meet the eligibility requirements established | ||
under this Act. Either
the Sheriff's Merit Commission, or |
the Sheriff's Office if no Sheriff's Merit
Commission | ||
exists, shall establish a schedule of reasonable intervals | ||
for
verification of the applicants' qualifications under
| ||
this Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. | ||
Those requirements shall include constitutional and proper | ||
use of law enforcement authority, procedural justice, | ||
civil rights, human rights, mental health awareness and | ||
response, officer wellness, reporting child abuse and | ||
neglect, and cultural competency. | ||
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least | ||
annually. Those requirements shall include law updates and | ||
use of force training which shall include scenario based | ||
training, or similar training approved by the Board. | ||
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||
101-564, eff. 1-1-20; revised 9-10-19.) | ||
(Text of Section after amendment by P.A. 101-652, Article | ||
10, Section 10-143 but before amendment by P.A. 101-652, | ||
Article 25, Section 25-40 )
| ||
Sec. 7. Rules and standards for schools. The Board shall |
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
| ||
a. The curriculum for probationary police officers | ||
which shall be
offered by all certified schools shall | ||
include, but not be limited to,
courses of procedural | ||
justice, arrest and use and control tactics, search and | ||
seizure, including temporary questioning, civil rights, | ||
human rights, human relations,
cultural competency, | ||
including implicit bias and racial and ethnic sensitivity,
| ||
criminal law, law of criminal procedure, constitutional | ||
and proper use of law enforcement authority, crisis | ||
intervention training, vehicle and traffic law including
| ||
uniform and non-discriminatory enforcement of the Illinois | ||
Vehicle Code,
traffic control and accident investigation, | ||
techniques of obtaining
physical evidence, court | ||
testimonies, statements, reports, firearms
training, | ||
training in the use of electronic control devices, | ||
including the psychological and physiological effects of | ||
the use of those devices on humans, first-aid (including | ||
cardiopulmonary resuscitation), training in the | ||
administration of opioid antagonists as defined in | ||
paragraph (1) of subsection (e) of Section 5-23 of the | ||
Substance Use Disorder Act, handling of
juvenile | ||
offenders, recognition of
mental conditions and crises, | ||
including, but not limited to, the disease of addiction, | ||
which require immediate assistance and response and |
methods to
safeguard and provide assistance to a person in | ||
need of mental
treatment, recognition of abuse, neglect, | ||
financial exploitation, and self-neglect of adults with | ||
disabilities and older adults, as defined in Section 2 of | ||
the Adult Protective Services Act, crimes against the | ||
elderly, law of evidence, the hazards of high-speed police | ||
vehicle
chases with an emphasis on alternatives to the | ||
high-speed chase, and
physical training. The curriculum | ||
shall include specific training in
techniques for | ||
immediate response to and investigation of cases of | ||
domestic
violence and of sexual assault of adults and | ||
children, including cultural perceptions and common myths | ||
of sexual assault and sexual abuse as well as interview | ||
techniques that are age sensitive and are trauma informed, | ||
victim centered, and victim sensitive. The curriculum | ||
shall include
training in techniques designed to promote | ||
effective
communication at the initial contact with crime | ||
victims and ways to comprehensively
explain to victims and | ||
witnesses their rights under the Rights
of Crime Victims | ||
and Witnesses Act and the Crime
Victims Compensation Act. | ||
The curriculum shall also include training in effective | ||
recognition of and responses to stress, trauma, and | ||
post-traumatic stress experienced by police officers that | ||
is consistent with Section 25 of the Illinois Mental | ||
Health First Aid Training Act in a peer setting, including | ||
recognizing signs and symptoms of work-related cumulative |
stress, issues that may lead to suicide, and solutions for | ||
intervention with peer support resources. The curriculum | ||
shall include a block of instruction addressing the | ||
mandatory reporting requirements under the Abused and | ||
Neglected Child Reporting Act. The curriculum shall also | ||
include a block of instruction aimed at identifying and | ||
interacting with persons with autism and other | ||
developmental or physical disabilities, reducing barriers | ||
to reporting crimes against persons with autism, and | ||
addressing the unique challenges presented by cases | ||
involving victims or witnesses with autism and other | ||
developmental disabilities. The curriculum shall include | ||
training in the detection and investigation of all forms | ||
of human trafficking. The curriculum shall also include | ||
instruction in trauma-informed responses designed to | ||
ensure the physical safety and well-being of a child of an | ||
arrested parent or immediate family member; this | ||
instruction must include, but is not limited to: (1) | ||
understanding the trauma experienced by the child while | ||
maintaining the integrity of the arrest and safety of | ||
officers, suspects, and other involved individuals; (2) | ||
de-escalation tactics that would include the use of force | ||
when reasonably necessary; and (3) inquiring whether a | ||
child will require supervision and care. The curriculum | ||
for probationary police officers shall include: (1) at | ||
least 12 hours of hands-on, scenario-based role-playing; |
(2) at least 6 hours of instruction on use of force | ||
techniques, including the use of de-escalation techniques | ||
to prevent or reduce the need for force whenever safe and | ||
feasible; (3) specific training on officer safety | ||
techniques, including cover, concealment, and time; and | ||
(4) at least 6 hours of training focused on high-risk | ||
traffic stops. The curriculum for
permanent police | ||
officers shall include, but not be limited to: (1) | ||
refresher
and in-service training in any of the courses | ||
listed above in this
subparagraph, (2) advanced courses in | ||
any of the subjects listed above in
this subparagraph, (3) | ||
training for supervisory personnel, and (4)
specialized | ||
training in subjects and fields to be selected by the | ||
board. The training in the use of electronic control | ||
devices shall be conducted for probationary police | ||
officers, including University police officers.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local | ||
law enforcement officer for a participating local
| ||
governmental agency. Those requirements shall include | ||
training in first aid
(including cardiopulmonary | ||
resuscitation).
|
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
| ||
A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to | ||
his or her successful completion of the
training course; | ||
(ii) attesting to his or her satisfactory
completion of a | ||
training program of similar content and number of hours | ||
that
has been found acceptable by the Board under the | ||
provisions of this Act; or
(iii) attesting to the Board's | ||
determination that the training
course is unnecessary | ||
because of the person's extensive prior law enforcement
| ||
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by |
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act | ||
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the | ||
Board, or they
shall forfeit their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit | ||
Commission, shall maintain a list of all
individuals who | ||
have filed applications to become court security officers | ||
and
who meet the eligibility requirements established | ||
under this Act. Either
the Sheriff's Merit Commission, or | ||
the Sheriff's Office if no Sheriff's Merit
Commission | ||
exists, shall establish a schedule of reasonable intervals | ||
for
verification of the applicants' qualifications under
| ||
this Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. | ||
Those requirements shall include constitutional and proper | ||
use of law enforcement authority, procedural justice, | ||
civil rights, human rights, reporting child abuse and | ||
neglect, and cultural competency, including implicit bias | ||
and racial and ethnic sensitivity. |
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least | ||
annually. Those requirements shall include law updates, | ||
emergency medical response training and certification, | ||
crisis intervention training, and officer wellness and | ||
mental health. | ||
i. Minimum in-service training requirements as set | ||
forth in Section 10.6. | ||
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||
101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section | ||
10-143, eff. 7-1-21.) | ||
(Text of Section after amendment by P.A. 101-652, Article | ||
25, Section 25-40 ) | ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
| ||
a. The curriculum for probationary law enforcement | ||
officers which shall be
offered by all certified schools | ||
shall include, but not be limited to,
courses of | ||
procedural justice, arrest and use and control tactics, | ||
search and seizure, including temporary questioning, civil | ||
rights, human rights, human relations,
cultural |
competency, including implicit bias and racial and ethnic | ||
sensitivity,
criminal law, law of criminal procedure, | ||
constitutional and proper use of law enforcement | ||
authority, crisis intervention training, vehicle and | ||
traffic law including
uniform and non-discriminatory | ||
enforcement of the Illinois Vehicle Code,
traffic control | ||
and accident investigation, techniques of obtaining
| ||
physical evidence, court testimonies, statements, reports, | ||
firearms
training, training in the use of electronic | ||
control devices, including the psychological and | ||
physiological effects of the use of those devices on | ||
humans, first-aid (including cardiopulmonary | ||
resuscitation), training in the administration of opioid | ||
antagonists as defined in paragraph (1) of subsection (e) | ||
of Section 5-23 of the Substance Use Disorder Act, | ||
handling of
juvenile offenders, recognition of
mental | ||
conditions and crises, including, but not limited to, the | ||
disease of addiction, which require immediate assistance | ||
and response and methods to
safeguard and provide | ||
assistance to a person in need of mental
treatment, | ||
recognition of abuse, neglect, financial exploitation, and | ||
self-neglect of adults with disabilities and older adults, | ||
as defined in Section 2 of the Adult Protective Services | ||
Act, crimes against the elderly, law of evidence, the | ||
hazards of high-speed police vehicle
chases with an | ||
emphasis on alternatives to the high-speed chase, and
|
physical training. The curriculum shall include specific | ||
training in
techniques for immediate response to and | ||
investigation of cases of domestic
violence and of sexual | ||
assault of adults and children, including cultural | ||
perceptions and common myths of sexual assault and sexual | ||
abuse as well as interview techniques that are age | ||
sensitive and are trauma informed, victim centered, and | ||
victim sensitive. The curriculum shall include
training in | ||
techniques designed to promote effective
communication at | ||
the initial contact with crime victims and ways to | ||
comprehensively
explain to victims and witnesses their | ||
rights under the Rights
of Crime Victims and Witnesses Act | ||
and the Crime
Victims Compensation Act. The curriculum | ||
shall also include training in effective recognition of | ||
and responses to stress, trauma, and post-traumatic stress | ||
experienced by law enforcement officers that is consistent | ||
with Section 25 of the Illinois Mental Health First Aid | ||
Training Act in a peer setting, including recognizing | ||
signs and symptoms of work-related cumulative stress, | ||
issues that may lead to suicide, and solutions for | ||
intervention with peer support resources. The curriculum | ||
shall include a block of instruction addressing the | ||
mandatory reporting requirements under the Abused and | ||
Neglected Child Reporting Act. The curriculum shall also | ||
include a block of instruction aimed at identifying and | ||
interacting with persons with autism and other |
developmental or physical disabilities, reducing barriers | ||
to reporting crimes against persons with autism, and | ||
addressing the unique challenges presented by cases | ||
involving victims or witnesses with autism and other | ||
developmental disabilities. The curriculum shall include | ||
training in the detection and investigation of all forms | ||
of human trafficking. The curriculum shall also include | ||
instruction in trauma-informed responses designed to | ||
ensure the physical safety and well-being of a child of an | ||
arrested parent or immediate family member; this | ||
instruction must include, but is not limited to: (1) | ||
understanding the trauma experienced by the child while | ||
maintaining the integrity of the arrest and safety of | ||
officers, suspects, and other involved individuals; (2) | ||
de-escalation tactics that would include the use of force | ||
when reasonably necessary; and (3) inquiring whether a | ||
child will require supervision and care. The curriculum | ||
for probationary law enforcement police officers shall | ||
include: (1) at least 12 hours of hands-on, scenario-based | ||
role-playing; (2) at least 6 hours of instruction on use | ||
of force techniques, including the use of de-escalation | ||
techniques to prevent or reduce the need for force | ||
whenever safe and feasible; (3) specific training on | ||
officer safety techniques, including cover, concealment, | ||
and time; and (4) at least 6 hours of training focused on | ||
high-risk traffic stops. The curriculum for
permanent law |
enforcement officers shall include, but not be limited to: | ||
(1) refresher
and in-service training in any of the | ||
courses listed above in this
subparagraph, (2) advanced | ||
courses in any of the subjects listed above in
this | ||
subparagraph, (3) training for supervisory personnel, and | ||
(4)
specialized training in subjects and fields to be | ||
selected by the board. The training in the use of | ||
electronic control devices shall be conducted for | ||
probationary law enforcement officers, including | ||
University police officers.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary law enforcement
officer must satisfactorily | ||
complete before being eligible for permanent
employment as | ||
a local law enforcement officer for a participating local
| ||
governmental or State state governmental agency. Those | ||
requirements shall include training in first aid
| ||
(including cardiopulmonary resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a |
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
| ||
A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to | ||
the officer's successful completion of the
training | ||
course; (ii) attesting to the officer's satisfactory
| ||
completion of a training program of similar content and | ||
number of hours that
has been found acceptable by the | ||
Board under the provisions of this Act; or
(iii) attesting | ||
to the Board's determination that the training
course is | ||
unnecessary because of the person's extensive prior law | ||
enforcement
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act |
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the | ||
Board, or they
shall forfeit their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit | ||
Commission, shall maintain a list of all
individuals who | ||
have filed applications to become court security officers | ||
and
who meet the eligibility requirements established | ||
under this Act. Either
the Sheriff's Merit Commission, or | ||
the Sheriff's Office if no Sheriff's Merit
Commission | ||
exists, shall establish a schedule of reasonable intervals | ||
for
verification of the applicants' qualifications under
| ||
this Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
law enforcement officer must satisfactorily complete every | ||
3 years. Those requirements shall include constitutional | ||
and proper use of law enforcement authority, procedural | ||
justice, civil rights, human rights, reporting child abuse | ||
and neglect, and cultural competency, including implicit | ||
bias and racial and ethnic sensitivity. | ||
h. Minimum in-service training requirements, which a | ||
law enforcement officer must satisfactorily complete at | ||
least annually. Those requirements shall include law | ||
updates, emergency medical response training and | ||
certification, crisis intervention training, and officer | ||
wellness and mental health. |
i. Minimum in-service training requirements as set | ||
forth in Section 10.6. | ||
Notwithstanding any provision of law to the contrary, the | ||
changes made to this Section by this amendatory Act of the | ||
102nd General Assembly, Public Act 101-652, and Public Act | ||
102-28 take effect July 1, 2022. | ||
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||
101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section | ||
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||
1-1-22; revised 4-26-21.)
| ||
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||
(Text of Section before amendment by P.A. 101-652 )
| ||
Sec. 8.1. Full-time police and county corrections | ||
officers.
| ||
(a) After January 1, 1976, no person shall receive a | ||
permanent
appointment as a law enforcement officer as defined | ||
in this
Act nor shall any person receive, after the effective | ||
date of this
amendatory Act of 1984, a permanent appointment | ||
as a county corrections officer
unless that person has been | ||
awarded, within 6 months of his or her
initial full-time | ||
employment, a certificate attesting to his or her
successful | ||
completion of the Minimum Standards Basic Law Enforcement and |
County
Correctional Training Course as prescribed by the | ||
Board; or has been awarded a
certificate attesting to his or | ||
her satisfactory completion of a training program of
similar | ||
content and number of hours and which course has been found | ||
acceptable
by the Board under the provisions of this Act; or by | ||
reason of extensive prior
law enforcement or county | ||
corrections experience the basic training requirement
is | ||
determined by the Board to be illogical and unreasonable.
| ||
If such training is required and not completed within the | ||
applicable 6
months, then the officer must forfeit his or her | ||
position, or the employing agency
must obtain a waiver from | ||
the Board extending the period for
compliance. Such waiver | ||
shall be issued only for good and justifiable
reasons, and in | ||
no case shall extend more than 90 days beyond the
initial 6 | ||
months. Any hiring agency that fails to train a law | ||
enforcement officer within this period shall be prohibited | ||
from employing this individual in a law enforcement capacity | ||
for one year from the date training was to be completed. If an | ||
agency again fails to train the individual a second time, the | ||
agency shall be permanently barred from employing this | ||
individual in a law enforcement capacity.
| ||
(b) No provision of this Section shall be construed to | ||
mean that a
law enforcement officer employed by a local | ||
governmental agency
at the time of the effective date of this | ||
amendatory Act, either as a
probationary police officer or as | ||
a permanent police officer, shall
require certification under |
the provisions of this Section. No provision
of this Section | ||
shall be construed to mean that a county corrections
officer | ||
employed by a local governmental agency at the time of the
| ||
effective date of this amendatory Act of 1984, either as a | ||
probationary
county corrections or as a permanent county | ||
corrections officer, shall
require certification under the | ||
provisions of this Section. No provision of
this Section shall | ||
be construed to apply to certification of elected county
| ||
sheriffs.
| ||
(c) This Section does not apply to part-time police | ||
officers or
probationary part-time police officers.
| ||
(Source: P.A. 101-187, eff. 1-1-20 .)
| ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 8.1. Full-time law enforcement and county corrections | ||
officers.
| ||
(a) No person shall receive a permanent
appointment as a | ||
law enforcement officer or a permanent appointment as a county | ||
corrections officer
unless that person has been awarded, | ||
within 6 months of the officer's
initial full-time employment, | ||
a certificate attesting to the officer's
successful completion | ||
of the Minimum Standards Basic Law Enforcement or County
| ||
Correctional Training Course as prescribed by the Board; or | ||
has been awarded a
certificate attesting to the officer's | ||
satisfactory completion of a training program of
similar | ||
content and number of hours and which course has been found |
acceptable
by the Board under the provisions of this Act; or a | ||
training waiver by reason of extensive prior
law enforcement | ||
or county corrections experience the basic training | ||
requirement
is determined by the Board to be illogical and | ||
unreasonable.
| ||
If such training is required and not completed within the | ||
applicable 6
months, then the officer must forfeit the | ||
officer's position, or the employing agency
must obtain a | ||
waiver from the Board extending the period for
compliance. | ||
Such waiver shall be issued only for good and justifiable
| ||
reasons, and in no case shall extend more than 90 days beyond | ||
the
initial 6 months. Any hiring agency that fails to train a | ||
law enforcement officer within this period shall be prohibited | ||
from employing this individual in a law enforcement capacity | ||
for one year from the date training was to be completed. If an | ||
agency again fails to train the individual a second time, the | ||
agency shall be permanently barred from employing this | ||
individual in a law enforcement capacity.
| ||
An individual who is not certified by the Board or whose | ||
certified status is inactive shall not function as a law | ||
enforcement officer, be assigned the duties of a law | ||
enforcement officer by an employing agency, or be authorized | ||
to carry firearms under the authority of the employer, except | ||
as otherwise authorized to carry a firearm under State or | ||
federal law. Sheriffs who are elected as of the effective date | ||
of this Amendatory Act of the 101st General Assembly, are |
exempt from the requirement of certified status. Failure to be | ||
certified in accordance with this Act shall cause the officer | ||
to forfeit the officer's position. | ||
An employing agency may not grant a person status as a law | ||
enforcement officer unless the person has been granted an | ||
active law enforcement officer certification by the Board. | ||
(b) Inactive status. A person who has an inactive law | ||
enforcement officer certification has no law enforcement | ||
authority. | ||
(1) A law enforcement officer's certification becomes | ||
inactive upon termination, resignation, retirement, or | ||
separation from the officer's employing law enforcement | ||
governmental agency for any reason. The Board shall | ||
re-activate a certification upon written application from | ||
the law enforcement officer's law enforcement governmental | ||
agency that shows the law enforcement officer: (i) has | ||
accepted a full-time law enforcement position with that | ||
law enforcement governmental agency, (ii) is not the | ||
subject of a decertification proceeding, and (iii) meets | ||
all other criteria for re-activation required by the | ||
Board. The Board may also establish special training | ||
requirements to be completed as a condition for | ||
re-activation. | ||
The Board shall review a notice for reactivation from | ||
a law enforcement agency and provide a response within 30 | ||
days. The Board may extend this review. A law enforcement |
officer shall be allowed to be employed as a full-time law | ||
enforcement officer while the law enforcement officer | ||
reactivation waiver is under review. | ||
A law enforcement officer who is refused reactivation | ||
or an employing agency of a A law enforcement officer who | ||
is refused reactivation under this Section may request a | ||
hearing in accordance with the hearing procedures as | ||
outlined in subsection (h) of Section 6.3 of this Act. | ||
The Board may refuse to re-activate the certification | ||
of a law enforcement officer who was involuntarily | ||
terminated for good cause by an employing his or her | ||
governmental agency for conduct subject to decertification | ||
under this Act or resigned or retired after receiving | ||
notice of a law enforcement governmental agency's | ||
investigation. | ||
(2) A law enforcement agency may place an officer who | ||
is currently certified can place his or her certificate on | ||
inactive status by sending a written request to the Board. | ||
A law enforcement officer whose certificate has been | ||
placed on inactive status shall not function as a law | ||
enforcement officer until the officer has completed any | ||
requirements for reactivating the certificate as required | ||
by the Board. A request for inactive status in this | ||
subsection shall be in writing, accompanied by verifying | ||
documentation, and shall be submitted to the Board with a | ||
copy to the chief administrator of the law enforcement |
officer's current or new employing governmental agency. | ||
(3) Certification that has become inactive under | ||
paragraph (2) of this subsection (b), shall be reactivated | ||
by written notice from the law enforcement officer's | ||
agency upon a showing that the law enforcement officer is: | ||
(i) employed in a full-time law enforcement position with | ||
the same law enforcement governmental agency (ii) not the | ||
subject of a decertification proceeding, and (iii) meets | ||
all other criteria for re-activation required by the | ||
Board. | ||
(4) Notwithstanding paragraph (3) of this subsection | ||
(b), a law enforcement officer whose certification has | ||
become inactive under paragraph (2) may have the officer's | ||
employing governmental agency submit a request for a | ||
waiver of training requirements to the Board in writing | ||
and accompanied by any verifying documentation. . A grant | ||
of a waiver is within the discretion of the Board. Within 7 | ||
days of receiving a request for a waiver under this | ||
section, the Board shall notify the law enforcement | ||
officer and the chief administrator of the law enforcement | ||
officer's employing governmental agency, whether the | ||
request has been granted, denied, or if the Board will | ||
take additional time for information. A law enforcement | ||
agency, whose request for a waiver under this subsection | ||
is denied, is entitled to request a review of the denial by | ||
the Board. The law enforcement agency must request a |
review within 20 days of the waiver being denied. The | ||
burden of proof shall be on the law enforcement agency to | ||
show why the law enforcement officer is entitled to a | ||
waiver of the legislatively required training and | ||
eligibility requirements. A law enforcement officer whose | ||
request for a waiver under this subsection is denied is | ||
entitled to appeal the denial to the Board within 20 days | ||
of the waiver being denied. | ||
(c) No provision
of this Section shall be construed to | ||
mean that a county corrections
officer employed by a | ||
governmental agency at the time of the
effective date of this | ||
amendatory Act, either as a probationary
county corrections or | ||
as a permanent county corrections officer, shall
require | ||
certification under the provisions of this Section. No | ||
provision of
this Section shall be construed to apply to | ||
certification of elected county
sheriffs.
| ||
(d) Within 14 days, a law enforcement officer shall report | ||
to the Board: (1) any name change; (2) any change in | ||
employment; or (3) the filing of any criminal indictment or | ||
charges against the officer alleging that the officer | ||
committed any offense as enumerated in Section 6.1 of this | ||
Act. | ||
(e) All law enforcement officers must report the | ||
completion of the training requirements required in this Act | ||
in compliance with Section 8.4 of this Act. | ||
(e-1) Each employing law enforcement governmental agency |
shall allow and provide an opportunity for a law enforcement | ||
officer to complete the mandated requirements in this Act. All | ||
mandated training shall be provided for at no cost to the | ||
employees. Employees shall be paid for all time spent | ||
attending mandated training. | ||
(e-2) Each agency, academy, or training provider shall | ||
maintain proof of a law enforcement officer's completion of | ||
legislatively required training in a format designated by the | ||
Board. The report of training shall be submitted to the Board | ||
within 30 days following completion of the training. A copy of | ||
the report shall be submitted to the law enforcement officer. | ||
Upon receipt of a properly completed report of training, the | ||
Board will make the appropriate entry into the training | ||
records of the law enforcement officer. | ||
(f) This Section does not apply to part-time law | ||
enforcement officers or
probationary part-time law enforcement | ||
officers.
| ||
(g) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly, Public Act 101-652, and Public Act | ||
102-28 take effect July 1, 2022. | ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/8.2)
| ||
(Text of Section before amendment by P.A. 101-652 )
| ||
Sec. 8.2. Part-time police officers.
|
(a) A person hired to serve as a part-time
police officer | ||
must obtain from the Board a certificate (i) attesting to his
| ||
or her successful completion of the part-time police training | ||
course; (ii)
attesting to his or her satisfactory completion | ||
of a training program of
similar content and number of hours | ||
that has been found acceptable by the
Board under the | ||
provisions of this Act; or (iii) attesting to the Board's
| ||
determination that the part-time police training course is | ||
unnecessary because
of the person's extensive prior law | ||
enforcement experience.
A person hired on or after the | ||
effective date of this amendatory Act of the
92nd General | ||
Assembly must obtain this certificate within 18 months after | ||
the
initial date of hire as a probationary part-time police | ||
officer in the State of
Illinois. The probationary part-time | ||
police officer must be enrolled and
accepted into a | ||
Board-approved course within 6 months after active employment
| ||
by any department in the State.
A person hired
on or after | ||
January 1, 1996 and before the effective date of this | ||
amendatory
Act of the 92nd General Assembly must obtain this | ||
certificate within 18
months
after the date of hire. A person | ||
hired before
January 1, 1996 must obtain this certificate | ||
within 24 months after the
effective date of this amendatory | ||
Act of 1995.
| ||
The employing agency may seek a waiver from the Board | ||
extending the period
for compliance. A waiver shall be issued | ||
only for good and justifiable
reasons, and the probationary |
part-time police officer may not practice as a
part-time
| ||
police officer during the waiver period. If training is
| ||
required and not completed within the applicable time period, | ||
as extended by
any waiver that may be granted, then the officer | ||
must forfeit his or her
position.
| ||
(b) (Blank).
| ||
(c) The part-time police training course referred to in | ||
this Section
shall be of similar content and the same number of | ||
hours as the courses for
full-time officers and
shall be | ||
provided by
Mobile Team In-Service Training Units under the | ||
Intergovernmental Law
Enforcement Officer's In-Service | ||
Training Act or by another approved program
or facility in a | ||
manner prescribed by the
Board.
| ||
(d) For the purposes of this Section, the Board shall | ||
adopt rules defining
what constitutes employment on a | ||
part-time basis.
| ||
(Source: P.A. 92-533, eff. 3-14-02.)
| ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 8.2. Part-time law enforcement officers.
| ||
(a) A person hired to serve as a part-time law enforcement
| ||
officer must obtain from the Board a certificate (i) attesting | ||
to the officer's successful completion of the part-time police | ||
training course; (ii)
attesting to the officer's satisfactory | ||
completion of a training program of
similar content and number | ||
of hours that has been found acceptable by the
Board under the |
provisions of this Act; or (iii) a training waiver attesting | ||
to the Board's
determination that the part-time police | ||
training course is unnecessary because
of the person's | ||
extensive prior law enforcement experience.
A person hired on | ||
or after the effective date of this amendatory Act of the
92nd | ||
General Assembly must obtain this certificate within 18 months | ||
after the
initial date of hire as a probationary part-time law | ||
enforcement officer in the State of
Illinois. The probationary | ||
part-time law enforcement officer must be enrolled and
| ||
accepted into a Board-approved course within 6 months after | ||
active employment
by any department in the State.
A person | ||
hired
on or after January 1, 1996 and before the effective date | ||
of this amendatory
Act of the 92nd General Assembly must | ||
obtain this certificate within 18
months
after the date of | ||
hire. A person hired before
January 1, 1996 must obtain this | ||
certificate within 24 months after the
effective date of this | ||
amendatory Act of 1995.
| ||
The employing agency may seek an extension waiver from the | ||
Board extending the period
for compliance. An extension waiver | ||
shall be issued only for good and justifiable
reasons, and the | ||
probationary part-time law enforcement officer may not | ||
practice as a
part-time law enforcement
officer during the | ||
extension waiver period. If training is
required and not | ||
completed within the applicable time period, as extended by
| ||
any waiver that may be granted, then the officer must forfeit | ||
the officer's
position.
|
An individual who is not certified by the Board or whose | ||
certified status is inactive shall not function as a law | ||
enforcement officer, be assigned the duties of a law | ||
enforcement officer by an agency, or be authorized to carry | ||
firearms under the authority of the employer, except that | ||
sheriffs who are elected are exempt from the requirement of | ||
certified status. Failure to be in accordance with this Act | ||
shall cause the officer to forfeit the officer's position. | ||
(a-5) A part-time probationary law enforcement officer | ||
shall be allowed to complete six months of a part-time police | ||
training course and function as a law enforcement officer as | ||
permitted by this subsection with a waiver from the Board, | ||
provided the part-time law enforcement officer is still | ||
enrolled in the training course. If the part-time probationary | ||
law enforcement officer withdraws from the course for any | ||
reason or does not complete the course within the applicable | ||
time period, as extended by any waiver that may be granted, | ||
then the officer must forfeit the officer's position. A | ||
probationary law enforcement officer must function under the | ||
following rules: | ||
(1) A law enforcement governmental agency may not | ||
grant a person status as a law enforcement officer unless | ||
the person has been granted an active law enforcement | ||
officer certification by the Board. | ||
(2) A part-time probationary law enforcement officer | ||
shall not be used as a permanent replacement for a |
full-time law enforcement. | ||
(3) A part-time probationary law enforcement officer | ||
shall be directly supervised at all times by a Board | ||
certified law enforcement officer. Direct supervision | ||
requires oversight and control with the supervisor having | ||
final decision-making authority as to the actions of the | ||
recruit during duty hours. | ||
(b) Inactive status. A person who has an inactive law | ||
enforcement officer certification has no law enforcement | ||
authority. | ||
(1) A law enforcement officer's certification becomes | ||
inactive upon termination, resignation, retirement, or | ||
separation from the employing governmental agency for any | ||
reason. The Board shall re-activate a certification upon | ||
written application from the law enforcement officer's | ||
employing governmental agency that shows the law | ||
enforcement officer: (i) has accepted a part-time law | ||
enforcement position with that a law enforcement | ||
governmental agency, (ii) is not the subject of a | ||
decertification proceeding, and (iii) meets all other | ||
criteria for re-activation required by the Board. | ||
The Board may refuse to re-activate the certification | ||
of a law enforcement officer who was involuntarily | ||
terminated for good cause by the officer's employing | ||
governmental agency for conduct subject to decertification | ||
under this Act or resigned or retired after receiving |
notice of a law enforcement governmental agency's | ||
investigation. | ||
(2) A law enforcement agency may place an officer who | ||
is currently certified can place his or her certificate on | ||
inactive status by sending a written request to the Board. | ||
A law enforcement officer whose certificate has been | ||
placed on inactive status shall not function as a law | ||
enforcement officer until the officer has completed any | ||
requirements for reactivating the certificate as required | ||
by the Board. A request for inactive status in this | ||
subsection shall be in writing, accompanied by verifying | ||
documentation, and shall be submitted to the Board by the | ||
law enforcement officer's employing governmental agency. | ||
(3) Certification that has become inactive under | ||
paragraph (2) of this subsection (b), shall be reactivated | ||
by written notice from the law enforcement officer's law | ||
enforcement agency upon a showing that the law enforcement | ||
officer is: (i) employed in a part-time full-time law | ||
enforcement position with the same law enforcement | ||
governmental agency, (ii) not the subject of a | ||
decertification proceeding, and (iii) meets all other | ||
criteria for re-activation required by the Board. The | ||
Board may also establish special training requirements to | ||
be completed as a condition for re-activation. | ||
The Board shall review a notice for reactivation from | ||
a law enforcement agency and provide a response within 30 |
days. The Board may extend this review. A law enforcement | ||
officer shall be allowed to be employed as a part-time law | ||
enforcement officer while the law enforcement officer | ||
reactivation waiver is under review. | ||
A law enforcement officer who is refused reactivation | ||
or an employing agency of a A law enforcement officer who | ||
is refused reactivation under this Section may request a | ||
hearing in accordance with the hearing procedures as | ||
outlined in subsection (h) of Section 6.3 of this Act. | ||
(4) Notwithstanding paragraph (3) of this Section, a | ||
law enforcement officer whose certification has become | ||
inactive under paragraph (2) may have the officer's | ||
employing governmental agency submit a request for a | ||
waiver of training requirements to the Board in writing | ||
and accompanied by any verifying documentation . A grant of | ||
a waiver is within the discretion of the Board. Within 7 | ||
days of receiving a request for a waiver under this | ||
section, the Board shall notify the law enforcement | ||
officer and the chief administrator of the law enforcement | ||
officer's employing governmental agency, whether the | ||
request has been granted, denied, or if the Board will | ||
take additional time for information. A law enforcement | ||
agency or law enforcement officer, whose request for a | ||
waiver under this subsection is denied, is entitled to | ||
request a review of the denial by the Board. The law | ||
enforcement agency must request a review within 20 days |
after the waiver being denied. The burden of proof shall | ||
be on the law enforcement agency to show why the law | ||
enforcement officer is entitled to a waiver of the | ||
legislatively required training and eligibility | ||
requirements. A law enforcement officer whose request for | ||
a waiver under this subsection is denied is entitled to | ||
appeal the denial to the Board within 20 days of the waiver | ||
being denied.
| ||
(c) The part-time police training course referred to in | ||
this Section
shall be of similar content and the same number of | ||
hours as the courses for
full-time officers and
shall be | ||
provided by
Mobile Team In-Service Training Units under the | ||
Intergovernmental Law
Enforcement Officer's In-Service | ||
Training Act or by another approved program
or facility in a | ||
manner prescribed by the
Board.
| ||
(d) Within 14 days, a law enforcement officer shall report | ||
to the Board: (1) any name change; (2) any change in | ||
employment; or (3) the filing of any criminal indictment or | ||
charges against the officer alleging that the officer | ||
committed any offense as enumerated in Section 6.1 of this | ||
Act. | ||
(e) All law enforcement officers must report the | ||
completion of the training requirements required in this Act | ||
in compliance with Section 8.4 of this Act. | ||
(e-1) Each employing agency shall allow and provide an | ||
opportunity for a law enforcement officer to complete the |
requirements in this Act. All mandated training shall be | ||
provided for at no cost to the employees. Employees shall be | ||
paid for all time spent attending mandated training. | ||
(e-2) Each agency, academy, or training provider shall | ||
maintain proof of a law enforcement officer's completion of | ||
legislatively required training in a format designated by the | ||
Board. The report of training shall be submitted to the Board | ||
within 30 days following completion of the training. A copy of | ||
the report shall be submitted to the law enforcement officer. | ||
Upon receipt of a properly completed report of training, the | ||
Board will make the appropriate entry into the training | ||
records of the law enforcement officer. | ||
(f) For the purposes of this Section, the Board shall | ||
adopt rules defining
what constitutes employment on a | ||
part-time basis.
| ||
(g) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly and Public Act 101-652 take effect July | ||
1, 2022. | ||
(Source: P.A. 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/8.3) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 8.3. Emergency order of suspension. | ||
(a) The Board, upon being notified that a law enforcement |
officer has been arrested or indicted on any felony charge or | ||
charges, may immediately suspend the law enforcement officer's | ||
certification for a term specified by the Board to begin no | ||
sooner than the date of the violation . The Board shall also | ||
notify the chief administrator of any law enforcement | ||
governmental agency currently employing the officer. The Board | ||
shall have authority to dissolve an emergency order of | ||
suspension at any time for any reason. | ||
(a-5) The Board may consider the following factors in | ||
determining the term of a suspension: | ||
(1) the seriousness of the conduct resulting in the | ||
arrest; | ||
(2) whether the offense contains an element of actual | ||
or threatened bodily injury or coerce against another | ||
person; | ||
(3) the law enforcement officer's previous arrests; | ||
(4) the law enforcement officer's previous | ||
certification suspensions; | ||
(5) actual or potential harm to public safety; and | ||
(6) rebuttal evidence regarding mitigating factors. | ||
(b) Notice of the immediate suspension shall be served on | ||
the law enforcement officer, the employing governmental | ||
agency, the chief executive of the employing agency | ||
municipality , and state the reason for suspension within seven | ||
days. | ||
(c) Upon service of the notice, the law enforcement |
officer's employing agency officer shall have 30 days to | ||
request to be heard by the Panel. The hearing, if requested by | ||
the officer licensee , shall follow the hearing procedures as | ||
outlined in subsection (h) of Section 6.3 of this Act. In the | ||
hearing, the written communication and any other evidence | ||
obtained therewith may be introduced as evidence against the | ||
law enforcement officer; provided however, the law enforcement | ||
officer, or their counsel, shall have the opportunity to | ||
discredit, impeach and submit evidence rebutting such evidence | ||
to explain why the officer's certification should not be | ||
suspended or why the suspension should be shortened. The law | ||
enforcement officer may also present any rebuttal evidence of | ||
mitigating factors. | ||
(d) At the meeting, the law enforcement officer may | ||
present evidence, witnesses and argument as to why the | ||
officer's certification should not be suspended. The Panel | ||
shall review the recommendation from the administrative law | ||
judge regarding the suspension, and if the Panel finds that | ||
the proof is evident or the presumption great that the officer | ||
has committed the offense charged, the Panel can sustain or | ||
reduce the length of the suspension. If the Panel does not find | ||
that the proof is evident or the presumption great that the | ||
officer has committed the offense charged, the Panel can | ||
reverse the suspension. | ||
If the law enforcement officer does not request to be | ||
heard or does not appear, the Panel may hold the hearing in the |
officer's absence. The law enforcement officer and the | ||
employing governmental agency shall be notified of the | ||
decision of the Panel within 7 days. The law enforcement | ||
officer may request to suspend the hearing until after the | ||
officer's criminal trial has occurred, however the suspension | ||
will remain intact until the hearing. | ||
(e) Findings and conclusions made in hearing for an | ||
emergency suspension shall not be binding on any party in any | ||
subsequent proceeding under this Act. | ||
(f) A Panel member acting in good faith, and not in a | ||
willful and wanton manner, in accordance with this Section, | ||
shall not, as a result of such actions, be subject to criminal | ||
prosecution or civil damages, including but not limited to | ||
lost wages.
| ||
(g) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly and Public Act 101-652 take effect July | ||
1, 2022. | ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/8.4) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 8.4. Law enforcement compliance verification. | ||
(a)(1) Unless on inactive status under subsection (b) of | ||
Section 8.1 or subsection (b) of Section 8.2, every law |
enforcement officer subject to this Act shall submit a | ||
verification form that confirms compliance with this Act. The | ||
verification shall apply to the 3 calendar years preceding the | ||
date of verification. Law enforcement officers shall submit | ||
the officer's first report by January 30 during the initial | ||
three-year reporting period, as determined on the basis of the | ||
law enforcement officer's last name under paragraph (2) of | ||
this subsection then every third year of the officer's | ||
applicable three-year report period as determined by the | ||
Board. At the conclusion of each law enforcement officer's | ||
applicable reporting period, the chief administrative officer | ||
of the officer's law enforcement governmental agency is to | ||
determine the compliance of each officer under this Section. | ||
An officer may verify their successful completion of training | ||
requirements with their law enforcement governmental agency. | ||
Each law enforcement officer is responsible for reporting and | ||
demonstrating compliance to the officer's chief administrative | ||
officer. | ||
(2) The applicable three-year reporting period shall begin | ||
on January 30, 2023 for law enforcement officers whose last | ||
names being with the letters A through G, on January 30, 2024 | ||
for law enforcement officers whose last names being with the | ||
letters H through O, and January 30, 2025 for law enforcement | ||
officers whose last names being with the letters P through Z. | ||
(3) The compliance verification form shall be in a form | ||
and manner prescribed by the Board and, at a minimum, include |
the following: (i) verification that the law enforcement | ||
officer has completed the mandatory training programs in the | ||
preceding 3 years; (ii) the law enforcement officer's current | ||
employment information, including but not limited to, the | ||
termination of any previous law enforcement or security | ||
employment in the relevant time period; and (iii) a statement | ||
verifying that the officer has not committed misconduct under | ||
Section 6.1. | ||
(b) (1) On October 1 of each year, the Board shall send | ||
notice to all certified law enforcement officers, unless | ||
exempted in (a), of the upcoming deadline to submit the | ||
compliance verification form. No later than March 1 of each | ||
year, the Board shall send notice to all certified law | ||
enforcement officers who have failed to submit the compliance | ||
verification form, as well as the officer's law enforcement | ||
governmental agencies. The Board shall not send a notice of | ||
noncompliance to law enforcement officers whom the Board | ||
knows, based on the status of the law enforcement officer's | ||
certification status, are inactive or retired. The Board may | ||
accept compliance verification forms until April 1 of the year | ||
in which a law enforcement officer is required to submit the | ||
form. | ||
(2) No earlier than April 1 of the year in which a law | ||
enforcement officer is required to submit a verification form, | ||
the Board may determine a law enforcement officer's | ||
certification to be inactive if the law enforcement officer |
failed to either: (1) submit a compliance verification in | ||
accordance with this Section; or (2) report an exemption from | ||
the requirements of this Section. The Board shall then send | ||
notice, by mail or email, to any such law enforcement officer | ||
and the officer's law enforcement governmental agency that the | ||
officer's certificate will be deemed inactive on the date | ||
specified in the notice, which shall be no sooner than 21 days | ||
from the date of the notice, because of the officer's failure | ||
to comply or report compliance, or failure to report an | ||
exemption. The Board shall deem inactive the certificate of | ||
such law enforcement officers on the date specified in the | ||
notice unless the Board determines before that date that the | ||
law enforcement officer has complied. A determination that a | ||
certificate is inactive under this section is not a | ||
disciplinary sanction. | ||
(3) A law enforcement officer who was on voluntary | ||
inactive status shall, upon return to active status, be | ||
required to complete the deferred training programs within 1 | ||
year. | ||
(4) The Board may waive the reporting requirements, as | ||
required in this section, if the law enforcement officer or | ||
the officer's law enforcement governmental agency demonstrates | ||
the existence of mitigating circumstances justifying the law | ||
enforcement officer's failure to obtain the training | ||
requirements due to failure of the officer's law enforcement | ||
governmental agency or the Board to offer the training |
requirement during the officer's required compliance | ||
verification period. If the Board finds that the law | ||
enforcement officer can meet the training requirements with | ||
extended time, the Board may allow the law enforcement officer | ||
a maximum of six additional months to complete the | ||
requirements. | ||
(5) A request for a training waiver under this subsection | ||
due to the mitigating circumstance shall be in writing, | ||
accompanied by verifying documentation, and shall be submitted | ||
to the Board not less than 30 days before the end of the law | ||
enforcement officer's required compliance verification period. | ||
(6) A law enforcement officer whose request for waiver | ||
under this subsection is denied, is entitled to a request for a | ||
review by the Board. The law enforcement officer or the | ||
officer's law enforcement agency must request a review within | ||
20 days after the waiver being denied. The burden of proof | ||
shall be on the law enforcement officer to show why the officer | ||
is entitled to a waiver. A law enforcement officer whose | ||
request for waiver under this subsection is denied, is | ||
entitled to a request for a review by the Board. The law | ||
enforcement officer or the officer's governmental agency must | ||
request a review within 20 days of the waiver being denied. The | ||
burden of proof shall be on the law enforcement officer to show | ||
why the officer is entitled to a waiver. | ||
(c) Recordkeeping and audits. | ||
(1) For four years after the end of each reporting |
period, each certified law enforcement officer shall | ||
maintain sufficient documentation necessary to corroborate | ||
compliance with the mandatory training requirements under | ||
this Act. | ||
(2) Notwithstanding any other provision in state law, | ||
for four years after the end of each reporting period, | ||
each law enforcement governmental agency shall maintain | ||
sufficient documentation necessary to corroborate | ||
compliance with the mandatory training requirements under | ||
this Act of each officer it employs or employed within the | ||
relevant time period. | ||
(3) The Board may audit compliance verification forms | ||
submitted to determine the accuracy of the submissions. | ||
The audit may include but is not limited to, training | ||
verification and a law enforcement officer background | ||
check. | ||
(d) Audits that reveal an inaccurate verification. | ||
(1) If an audit conducted under paragraph (3) of | ||
subsection (c) of this Section reveals inaccurate | ||
information, the Board shall provide the law enforcement | ||
officer and employing law enforcement governmental agency | ||
with written notice containing: (i) the results of the | ||
audit, specifying each alleged inaccuracy; (ii) a summary | ||
of the basis of that determination; and (iii) a deadline, | ||
which shall be at least 30 days from the date of the | ||
notice, for the law enforcement officer to file a written |
response if the law enforcement officer objects to any of | ||
the contents of the notice. | ||
(2) After considering any response from the law | ||
enforcement officer, if the Board determines that the law | ||
enforcement officer filed an inaccurate verification, the | ||
law enforcement officer shall be given 60 days in which to | ||
file an amended verification form, together with all | ||
documentation specified in paragraph (e)(1), demonstrating | ||
full compliance with the applicable requirements. | ||
(3) If the results of the audit suggest that the law | ||
enforcement officer willfully filed a false verification | ||
form, the Board shall submit a formal complaint to the | ||
Panel for decertification. An officer who has been | ||
decertified for willfully filing a false verification form | ||
shall not be eligible for reactivation under subsection | ||
(e). | ||
(e) Reactivation. A law enforcement officer who has been | ||
deemed inactive due to noncompliance with the reporting | ||
requirements under paragraph (a)(1) may request to have the | ||
Board re-activate his or her certification upon submitting a | ||
compliance verification form that shows full compliance for | ||
the period in which the law enforcement officer was deemed | ||
inactive due to noncompliance. The Board shall make a | ||
determination regarding a submission under this subsection | ||
active no later than 7 days after the Board determines full | ||
compliance or continued noncompliance.
|
A law enforcement officer whose request for reactivation | ||
under this subsection (e) is denied is entitled to request a | ||
review by the Board. The law enforcement officer or the | ||
officer's law enforcement agency must request a review within | ||
20 days after reactivation being denied. The burden of proof | ||
shall be on the law enforcement officer or law enforcement | ||
agency to show that the officer is in full compliance. | ||
(f) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly and Public Act 101-652 take effect July | ||
1, 2022. | ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/9.2) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 9.2. Officer professional conduct database; | ||
transparency. | ||
(a) All law enforcement governmental agencies and the | ||
Illinois State Police shall notify the Board of any final | ||
determination of a willful violation of department, agency, or | ||
the Illinois State Police policy, official misconduct, or | ||
violation of law within 10 days when: | ||
(1) the determination leads to a suspension of at | ||
least 10 days; | ||
(2) any infraction that would trigger an official or |
formal investigation under a law enforcement governmental | ||
agency or the Illinois State Police policy; | ||
(3) there is an allegation of misconduct or regarding | ||
truthfulness as to a material fact, bias, or integrity; or | ||
(4) the officer resigns or retires during the course | ||
of an investigation and the officer has been served notice | ||
that the officer is under investigation. | ||
Agencies and the Illinois State Police may report to the | ||
Board any conduct they deem appropriate to disseminate to | ||
another law enforcement governmental agency regarding a law | ||
enforcement officer. | ||
The agency or the Illinois State Police shall report to | ||
the Board within 10 days of a final determination and final | ||
exhaustion of any administrative appeal, or the law | ||
enforcement officer's resignation or retirement, and shall | ||
provide information regarding the nature of the violation. | ||
This notification shall not necessarily trigger certification | ||
review. | ||
A law enforcement governmental agency and the Illinois | ||
State Police shall be immune from liability for a disclosure | ||
made as described in this subsection, unless the disclosure | ||
would constitute intentional misrepresentation or gross | ||
negligence. | ||
(b) Within 14 days after receiving notification Upon | ||
receiving notification from a law enforcement governmental | ||
agency or the Illinois State Police, the Board must notify the |
law enforcement officer of the report and the officer's right | ||
to provide a statement regarding the reported violation. The | ||
law enforcement officer shall have 14 days from receiving | ||
notice to provide a written objection contesting information | ||
included in the agency's report. The objection must be filed | ||
with the Board on a form prescribed by the Board and a copy | ||
must be served on the law enforcement agency. The objection | ||
shall remain in the database with the reported violation. | ||
(c) The Board shall maintain a database readily available | ||
to any chief administrative officer, or the officer's | ||
designee, of a law enforcement governmental agency and the | ||
Illinois State Police that shall show for each law enforcement | ||
officer: (i) dates of certification, decertification, and | ||
inactive status; (ii) each sustained instance of departmental | ||
misconduct that lead to a suspension at least 10 days or any | ||
infraction that would trigger an official or formal | ||
investigation under the law enforcement governmental agency | ||
policy, any allegation of misconduct regarding truthfulness as | ||
to a material fact, bias, or integrity, or any other reported | ||
violation, the nature of the violation, the reason for the | ||
final decision of discharge or dismissal, and any statement | ||
provided by the officer; (iii) date of separation from | ||
employment from any local or state law enforcement | ||
governmental agency; (iv) the reason for separation from | ||
employment, including, but not limited to: whether the | ||
separation was based on misconduct or occurred while the law |
enforcement local or State governmental agency was conducting | ||
an investigation of the certified individual for a violation | ||
of an employing agency's rules, policy or procedure or other | ||
misconduct or improper action. | ||
(1) This database shall also be accessible to the | ||
State's Attorney of any county in this State and the | ||
Attorney General for the purpose of complying with | ||
obligations under Brady v. Maryland (373 U.S. 83) or | ||
Giglio v. United States (405 U.S. 150). This database | ||
shall also be accessible to the chief administrative | ||
officer of any law enforcement governmental agency for the | ||
purposes of hiring law enforcement officers. This database | ||
shall not be accessible to anyone not listed in this | ||
subsection. | ||
(2) Before a law enforcement governmental agency may | ||
appoint a law enforcement officer or a person seeking a | ||
certification as a law enforcement officer in this State, | ||
the chief administrative officer or designee must check | ||
the Officer Professional Conduct Database, contact each | ||
person's previous law enforcement employers, and document | ||
the contact. This documentation must be available for | ||
review by the Board for a minimum of five years after the | ||
law enforcement officer's termination, retirement, | ||
resignation or separation with that agency. | ||
(3) The database, documents, materials, or other | ||
information in the possession or control of the Board that |
are obtained by or disclosed to the Board under this | ||
subsection shall be confidential by law and privileged, | ||
shall not be subject to subpoena, and shall not be subject | ||
to discovery or admissible in evidence in any private | ||
civil action when sought from the Board . However, the | ||
Board is authorized to use such documents, materials, or | ||
other information in furtherance of any regulatory or | ||
legal action brought as part of the Board's official | ||
duties. The Unless otherwise required by law, the Board | ||
shall not disclose the database or make such documents, | ||
materials, or other information it has obtained or that | ||
has been disclosed to it to the public without the prior | ||
written consent of the governmental agency and the law | ||
enforcement officer . Neither the Board nor any person who | ||
received documents, materials or other information shared | ||
under this subsection shall be required to testify in any | ||
private civil action concerning the database or any | ||
confidential documents, materials, or information subject | ||
to this subsection. | ||
Nothing in this Section shall exempt a governmental agency | ||
from disclosing public records in accordance with the Freedom | ||
of Information Act. | ||
(d) The Board shall maintain a searchable database of law | ||
enforcement officers accessible to the public that shall | ||
include: (i) the law enforcement officer's employing local or | ||
state governmental agency; (ii) the date of the officer's |
initial certification and the officer's current certification | ||
status; and (iii) any sustained complaint of misconduct that | ||
resulted in decertification and the date thereof; provided, | ||
however, that information shall not be included in the | ||
database that would allow the public to ascertain the home | ||
address of an officer or another person; provided further, | ||
that information regarding an officer's or another person's | ||
family member shall not be included in the database. The Board | ||
shall make the database publicly available on its website. | ||
(e) The Board shall maintain a searchable database of all | ||
completed investigations against law enforcement officers | ||
related to decertification. The database shall identify each | ||
law enforcement officer by a confidential and anonymous number | ||
and include: (i) the law enforcement officer's employing local | ||
or state governmental agency; (ii) the date of the incident | ||
referenced in the complaint; (iii) the location of the | ||
incident; (iv) the race and ethnicity of each officer involved | ||
in the incident; (v) the age, gender, race and ethnicity of | ||
each person involved in the incident, if known; (vi) whether a | ||
person in the complaint, including a law enforcement officer, | ||
was injured, received emergency medical care, was hospitalized | ||
or died as a result of the incident; (vii) the law enforcement | ||
governmental agency or other entity assigned to conduct an | ||
investigation of the incident; (viii) when the investigation | ||
was completed; (ix) whether the complaint was sustained; and | ||
(x) the type of misconduct investigated; provided, however, |
that the Board shall redact or withhold such information as | ||
necessary to prevent the disclosure of the identity of an | ||
officer. The Board shall make the database publicly available | ||
on its website. | ||
(e-1) An investigation is complete when the investigation | ||
has either been terminated or the decertification action, | ||
including the administrative review process, has been | ||
completed, whichever is later. | ||
(e-2) At any time, a law enforcement officer shall have | ||
access to the law enforcement officer's own records on file | ||
with the Board, as it pertains to the databases in this | ||
Section. | ||
(f) Annual report. The Board shall submit an annual report | ||
to the Governor, Attorney General, President and Minority | ||
Leader of the Senate, and the Speaker and Minority Leader of | ||
the House of Representatives beginning on or before March 1, | ||
2023, and every year thereafter indicating: | ||
(1) the number of complaints received in the preceding | ||
calendar year, including but not limited to the race, | ||
gender, and type of discretionary decertification | ||
complaints received; | ||
(2) the number of investigations initiated in the | ||
preceding calendar year since the
date of the last report; | ||
(3) the number of investigations concluded in the | ||
preceding calendar year; | ||
(4) the number of investigations pending as of the |
last
reporting date of the preceding calendar year ; | ||
(5) the number of hearings held in the preceding | ||
calendar year; and | ||
(6) the number of officers decertified in the | ||
preceding calendar year.
| ||
The annual report shall be publicly available on the | ||
website of the Board. | ||
(g) Nothing in this Section shall exempt a law enforcement | ||
agency from which the Board has obtained data, documents, | ||
materials, or other information or that has disclosed data, | ||
documents, materials, or other information to the Board from | ||
disclosing public records in accordance with the Freedom of | ||
Information Act. | ||
(h) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly and Public Act 101-652 take effect July | ||
1, 2022. | ||
(Source: P.A. 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
| ||
(Text of Section before amendment by P.A. 101-652 )
| ||
Sec. 10.1. Additional training programs. The Board shall | ||
initiate,
administer,
and conduct training programs for | ||
permanent police officers and permanent
county corrections | ||
officers in addition to the basic recruit training program.
| ||
The Board may initiate, administer, and conduct training |
programs for
part-time police officers in
addition
to the | ||
basic part-time police training course. The training for | ||
permanent and
part-time
police officers and permanent county | ||
corrections officers may
be given in any schools selected by | ||
the Board. Such training may include all
or any part of the | ||
subjects enumerated in Section 7 of this Act.
| ||
The corporate authorities of all participating local | ||
governmental agencies
may elect to participate in the advanced | ||
training for permanent and
part-time police officers and | ||
permanent county corrections
officers but nonparticipation in | ||
this program shall not in any way affect the
mandatory | ||
responsibility of governmental units to participate in the | ||
basic
recruit training programs for probationary full-time and | ||
part-time
police
and permanent county corrections officers. | ||
The failure of any permanent or
part-time
police officer or | ||
permanent county corrections officer to
successfully complete | ||
any course authorized under this Section
shall not affect the | ||
officer's status as a member of the police
department or | ||
county sheriff's office of any local governmental agency.
| ||
The Board may initiate, administer, and conduct training | ||
programs for
clerks of circuit courts. Those training | ||
programs, at the Board's discretion,
may be the same or | ||
variations of training programs for law enforcement
officers.
| ||
The Board shall initiate, administer, and conduct a | ||
training program
regarding the set
up and operation of
| ||
portable scales for all municipal and county police officers, |
technicians,
and employees who set up
and operate portable | ||
scales. This
training
program must include classroom and field | ||
training.
| ||
(Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
| ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 10.1. Additional training programs. The Board shall | ||
initiate,
administer,
and conduct training programs for | ||
permanent law enforcement officers and permanent
county | ||
corrections officers in addition to the basic recruit training | ||
program.
The Board may initiate, administer, and conduct | ||
training programs for
part-time law enforcement officers in
| ||
addition
to the basic part-time law enforcement training | ||
course. The training for permanent and
part-time law | ||
enforcement
officers and permanent county corrections officers | ||
may
be given in any schools selected by the Board. Such | ||
training may include all
or any part of the subjects | ||
enumerated in Sections 7 and 7.4 Section 7 of this Act.
| ||
The corporate authorities of all participating local | ||
governmental agencies
may elect to participate in the advanced | ||
training for permanent and
part-time law enforcement officers | ||
and permanent county corrections
officers but nonparticipation | ||
in this program shall not in any way affect the
mandatory | ||
responsibility of governmental units to participate in the | ||
basic
recruit training programs for probationary full-time and | ||
part-time law enforcement
and permanent county corrections |
officers. The failure of any permanent or
part-time law | ||
enforcement
officer or permanent county corrections officer to
| ||
successfully complete any course authorized under this Section
| ||
shall not affect the officer's status as a member of the police
| ||
department or county sheriff's office of any local | ||
governmental agency.
| ||
The Board may initiate, administer, and conduct training | ||
programs for
clerks of circuit courts. Those training | ||
programs, at the Board's discretion,
may be the same or | ||
variations of training programs for law enforcement
officers.
| ||
The Board shall initiate, administer, and conduct a | ||
training program
regarding the set
up and operation of
| ||
portable scales for all municipal and county police officers, | ||
technicians,
and employees who set up
and operate portable | ||
scales. This
training
program must include classroom and field | ||
training.
| ||
(Source: P.A. 101-652, eff. 1-1-22.)
| ||
(50 ILCS 705/10.2)
| ||
(Text of Section before amendment by P.A. 101-652 )
| ||
Sec. 10.2. Criminal background investigations.
| ||
(a) On and after March 14, 2002 (the effective date of | ||
Public Act 92-533),
an applicant for employment as a peace | ||
officer, or for annual certification as a retired law | ||
enforcement officer qualified under federal law to carry a | ||
concealed weapon, shall authorize an
investigation to |
determine if
the applicant has been convicted of, or entered a | ||
plea of guilty to, any criminal offense that disqualifies the
| ||
person as a peace
officer.
| ||
(b) No law enforcement agency may knowingly employ a | ||
person, or certify a retired law enforcement officer qualified | ||
under federal law to carry a concealed weapon, unless (i) a
| ||
criminal
background investigation of that person
has been | ||
completed and (ii) that investigation reveals no convictions | ||
of or pleas of guilty to
offenses specified in subsection (a) | ||
of Section 6.1 of this Act.
| ||
(Source: P.A. 101-187, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||
(Text of Section after amendment by P.A. 101-652 )
| ||
Sec. 10.2. Criminal background investigations.
| ||
(a) On and after March 14, 2002 (the effective date of | ||
Public Act 92-533),
an applicant for employment as a peace | ||
officer, or for annual certification as a retired law | ||
enforcement officer qualified under federal law to carry a | ||
concealed weapon, shall authorize an
investigation to | ||
determine if
the applicant has been convicted of any criminal | ||
offense that disqualifies the
person as a peace
officer.
| ||
(b) No law enforcement governmental agency may knowingly | ||
employ a person, or certify a retired law enforcement officer | ||
qualified under federal law to carry a concealed weapon, | ||
unless (i) a
criminal
background investigation of that person
| ||
has been completed and (ii) that investigation reveals no |
convictions of or pleas of guilty to
offenses specified in | ||
subsection (a) of Section 6.1 of this Act.
| ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||
102-558, eff. 8-20-21.)
| ||
(50 ILCS 705/10.6) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date ) | ||
Sec. 10.6. Mandatory training to be completed every 3 | ||
years. | ||
(a) The Board shall adopt rules and
minimum standards for | ||
in-service training requirements as set forth in this Section. | ||
The training shall provide officers with knowledge of policies | ||
and laws regulating the use of force; equip officers with | ||
tactics and skills, including de-escalation techniques, to | ||
prevent or reduce the need to use force or, when force must be | ||
used, to use force that is objectively reasonable, necessary, | ||
and proportional under the totality of the circumstances; and | ||
ensure appropriate supervision and accountability.
The | ||
training shall consist of at least 30 hours of training every 3 | ||
years and shall include: | ||
(1) At least 12 hours of hands-on, scenario-based | ||
role-playing. | ||
(2) At least 6 hours of instruction on use of force | ||
techniques, including the use of de-escalation techniques | ||
to prevent or reduce the need for force whenever safe and |
feasible. | ||
(3) Specific training on the law concerning stops, | ||
searches, and the use of force under the Fourth Amendment | ||
to the United States Constitution. | ||
(4) Specific training on officer safety techniques, | ||
including cover, concealment, and time. | ||
(5) At least 6 hours of training focused on high-risk | ||
traffic stops.
| ||
(b) Notwithstanding any provision of law to the contrary, | ||
the changes made to this Section by this amendatory Act of the | ||
102nd General Assembly, Public Act 101-652, and Public Act | ||
102-28 take effect July 1, 2022. | ||
(Source: P.A. 101-652, eff. 7-1-21.) | ||
(50 ILCS 705/10.11) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.11. Training; death and homicide investigation. | ||
The Illinois Law Enforcement Training Standards Board shall | ||
conduct or approve a training program in death and homicide | ||
investigation for the training of law enforcement officers of | ||
local government agencies. Only law enforcement officers who | ||
successfully complete the training program may be assigned as | ||
lead investigators in death and homicide investigations. | ||
Satisfactory completion of the training program shall be | ||
evidenced by a certificate issued to the law enforcement | ||
officer by the Illinois Law Enforcement Training Standards |
Board.
| ||
The Illinois Law Enforcement Training Standards Board | ||
shall develop a process for waiver applications sent by a | ||
local law enforcement agency administrator for those officers | ||
whose prior training and experience as homicide investigators | ||
may qualify them for a waiver. The Board may issue a waiver at | ||
its discretion, based solely on the prior training and | ||
experience of an officer as a homicide investigator. This | ||
Section does not affect or impede the powers of the office of | ||
the coroner to investigate all deaths as provided in Division | ||
3-3 of the Counties Code and the Coroner Training Board Act. | ||
(Source: P.A. 102-558, eff. 8-20-21.) | ||
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.11. Training; death and homicide investigation. | ||
The Illinois Law Enforcement Training Standards Board shall | ||
conduct or approve a training program in death and homicide | ||
investigation for the training of law enforcement officers of | ||
local law enforcement government agencies. Only law | ||
enforcement officers who successfully complete the training | ||
program may be assigned as lead investigators in death and | ||
homicide investigations. Satisfactory completion of the | ||
training program shall be evidenced by a certificate issued to | ||
the law enforcement officer by the Illinois Law Enforcement | ||
Training Standards Board.
| ||
The Illinois Law Enforcement Training Standards Board |
shall develop a process for waiver applications sent by a | ||
local governmental agency administrator for those officers | ||
whose prior training and experience as homicide investigators | ||
may qualify them for a waiver. The Board may issue a waiver at | ||
its discretion, based solely on the prior training and | ||
experience of an officer as a homicide investigator. This | ||
Section does not affect or impede the powers of the office of | ||
the coroner to investigate all deaths as provided in Division | ||
3-3 of the Counties Code and the Coroner Training Board Act. | ||
(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.) | ||
(50 ILCS 705/10.12) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.12. Police dog training standards. All police dogs | ||
used by State and local law enforcement agencies for drug | ||
enforcement purposes pursuant to the Cannabis Control Act, the | ||
Illinois Controlled Substances Act, or the Methamphetamine | ||
Control and Community Protection Act shall be trained by | ||
programs that meet the minimum certification requirements set | ||
by the Board.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) | ||
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.12. Police dog training standards. All police dogs | ||
used by State and local law enforcement governmental agencies | ||
for drug enforcement purposes pursuant to the Cannabis Control |
Act, the Illinois Controlled Substances Act, or the | ||
Methamphetamine Control and Community Protection Act shall be | ||
trained by programs that meet the minimum certification | ||
requirements set by the Board.
| ||
(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/10.13) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||
(PTSD). The Illinois Law Enforcement Training Standards Board | ||
shall conduct or approve a training program in Post-Traumatic | ||
Stress Disorder (PTSD) for law enforcement officers of local | ||
government agencies. The purpose of that training shall be to | ||
equip law enforcement officers of local government agencies to | ||
identify the symptoms of PTSD and to respond appropriately to | ||
individuals exhibiting those symptoms.
| ||
(Source: P.A. 97-1040, eff. 1-1-13.) | ||
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||
(PTSD). The Illinois Law Enforcement Training Standards Board | ||
shall conduct or approve a training program in Post-Traumatic | ||
Stress Disorder (PTSD) for law enforcement officers of local | ||
law enforcement governmental agencies. The purpose of that | ||
training shall be to equip law enforcement officers of local | ||
law enforcement governmental agencies to identify the symptoms |
of PTSD and to respond appropriately to individuals exhibiting | ||
those symptoms.
| ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/10.16) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.16. Veterans' awareness. The Illinois Law | ||
Enforcement Training Standards Board may conduct or approve a | ||
training program in veterans' awareness for law enforcement | ||
officers of local government agencies. The program shall train | ||
law enforcement officers to identify issues relating to | ||
veterans and provide guidelines dictating how law enforcement | ||
officers should respond to and address such issues. Each local | ||
government agency is encouraged to designate an individual to | ||
respond to veterans' issues.
| ||
(Source: P.A. 98-960, eff. 1-1-15 .) | ||
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.16. Veterans' awareness. The Illinois Law | ||
Enforcement Training Standards Board may conduct or approve a | ||
training program in veterans' awareness for law enforcement | ||
officers of local government agencies. The program shall train | ||
law enforcement officers to identify issues relating to | ||
veterans and provide guidelines dictating how law enforcement | ||
officers should respond to and address such issues. Each local | ||
law enforcement governmental agency is encouraged to designate |
an individual to respond to veterans' issues.
| ||
(Source: P.A. 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/10.19) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.19. Training; administration of epinephrine. | ||
(a) This Section, along with Section 40 of the State | ||
Police Act, may be referred to as the Annie LeGere Law. | ||
(b) For purposes of this Section, "epinephrine | ||
auto-injector" means a single-use device used for the | ||
automatic injection of a pre-measured dose of epinephrine into | ||
the human body prescribed in the name of a local governmental | ||
agency. | ||
(c) The Board shall conduct or approve an optional | ||
advanced training program for police officers to recognize and | ||
respond to anaphylaxis, including the administration of an | ||
epinephrine auto-injector. The training must include, but is | ||
not limited to: | ||
(1) how to recognize symptoms of an allergic reaction; | ||
(2) how to respond to an emergency involving an | ||
allergic reaction; | ||
(3) how to administer an epinephrine auto-injector; | ||
(4) how to respond to an individual with a known | ||
allergy as well as an individual with a previously unknown | ||
allergy; | ||
(5) a test demonstrating competency of the knowledge |
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(6) other criteria as determined in rules adopted by | ||
the Board. | ||
(d) A local governmental agency may authorize a police | ||
officer who has completed an optional advanced training | ||
program under subsection (c) to carry, administer, or assist | ||
with the administration of epinephrine auto-injectors provided | ||
by the local governmental agency whenever he or she is | ||
performing official duties. | ||
(e) A local governmental agency that authorizes its | ||
officers to carry and administer epinephrine auto-injectors | ||
under subsection (d) must establish a policy to control the | ||
acquisition, storage, transportation, administration, and | ||
disposal of epinephrine auto-injectors and to provide | ||
continued training in the administration of epinephrine | ||
auto-injectors. | ||
(f) A physician, physician's assistant with prescriptive | ||
authority, or advanced practice registered nurse with | ||
prescriptive authority may provide a standing protocol or | ||
prescription for epinephrine auto-injectors in the name of a | ||
local governmental agency to be maintained for use when | ||
necessary. | ||
(g) When a police officer administers an epinephrine | ||
auto-injector in good faith, the police officer and local | ||
governmental agency, and its employees and agents, including a |
physician, physician's assistant with prescriptive authority, | ||
or advanced practice registered nurse with prescriptive | ||
authority who provides a standing order or prescription for an | ||
epinephrine auto-injector, incur no civil or professional | ||
liability, except for willful and wanton conduct, as a result | ||
of any injury or death arising from the use of an epinephrine | ||
auto-injector.
| ||
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||
100-648, eff. 7-31-18.) | ||
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.19. Training; administration of epinephrine. | ||
(a) This Section, along with Section 40 of the State | ||
Police Act, may be referred to as the Annie LeGere Law. | ||
(b) For purposes of this Section, "epinephrine | ||
auto-injector" means a single-use device used for the | ||
automatic injection of a pre-measured dose of epinephrine into | ||
the human body prescribed in the name of a local law | ||
enforcement governmental agency. | ||
(c) The Board shall conduct or approve an optional | ||
advanced training program for law enforcement officers to | ||
recognize and respond to anaphylaxis, including the | ||
administration of an epinephrine auto-injector. The training | ||
must include, but is not limited to: | ||
(1) how to recognize symptoms of an allergic reaction; | ||
(2) how to respond to an emergency involving an |
allergic reaction; | ||
(3) how to administer an epinephrine auto-injector; | ||
(4) how to respond to an individual with a known | ||
allergy as well as an individual with a previously unknown | ||
allergy; | ||
(5) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(6) other criteria as determined in rules adopted by | ||
the Board. | ||
(d) A local law enforcement governmental agency may | ||
authorize a law enforcement officer who has completed an | ||
optional advanced training program under subsection (c) to | ||
carry, administer, or assist with the administration of | ||
epinephrine auto-injectors provided by the local law | ||
enforcement governmental agency whenever the officer is | ||
performing official duties. | ||
(e) A local law enforcement governmental agency that | ||
authorizes its officers to carry and administer epinephrine | ||
auto-injectors under subsection (d) must establish a policy to | ||
control the acquisition, storage, transportation, | ||
administration, and disposal of epinephrine auto-injectors and | ||
to provide continued training in the administration of | ||
epinephrine auto-injectors. | ||
(f) A physician, physician's assistant with prescriptive | ||
authority, or advanced practice registered nurse with |
prescriptive authority may provide a standing protocol or | ||
prescription for epinephrine auto-injectors in the name of a | ||
local law enforcement governmental agency to be maintained for | ||
use when necessary. | ||
(g) When a law enforcement officer administers an | ||
epinephrine auto-injector in good faith, the law enforcement | ||
officer and local law enforcement governmental agency, and its | ||
employees and agents, including a physician, physician's | ||
assistant with prescriptive authority, or advanced practice | ||
registered nurse with prescriptive authority who provides a | ||
standing order or prescription for an epinephrine | ||
auto-injector, incur no civil or professional liability, | ||
except for willful and wanton conduct, or as a result of any | ||
injury or death arising from the use of an epinephrine | ||
auto-injector.
| ||
(Source: P.A. 100-201, eff. 8-18-17; 100-648, eff. 7-31-18; | ||
101-652, eff. 1-1-22.) | ||
(50 ILCS 705/10.20) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.20. Disposal of medications. The Board shall | ||
develop rules and minimum standards for local governmental | ||
agencies that authorize police officers to dispose of unused | ||
medications under Section 18 of the Safe Pharmaceutical | ||
Disposal Act.
| ||
(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.) |
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.20. Disposal of medications. The Board shall | ||
develop rules and minimum standards for local law enforcement | ||
governmental agencies that authorize law enforcement officers | ||
to dispose of unused medications under Section 18 of the Safe | ||
Pharmaceutical Disposal Act.
| ||
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-22.) | ||
(50 ILCS 705/10.22) | ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 10.22. School resource officers. | ||
(a) The Board shall develop or approve a course for school | ||
resource officers as defined in Section 10-20.68 of the School | ||
Code. | ||
(b) The school resource officer course shall be developed | ||
within one year after January 1, 2019 (the effective date of | ||
Public Act 100-984) and shall be created in consultation with | ||
organizations demonstrating expertise and or experience in the | ||
areas of youth and adolescent developmental issues, | ||
educational administrative issues, prevention of child abuse | ||
and exploitation, youth mental health treatment, and juvenile | ||
advocacy. | ||
(c) The Board shall develop a process allowing law | ||
enforcement agencies to request a waiver of this training | ||
requirement for any specific individual assigned as a school |
resource officer. Applications for these waivers may be | ||
submitted by a local law enforcement agency chief | ||
administrator for any officer whose prior training and | ||
experience may qualify for a waiver of the training | ||
requirement of this subsection (c). The Board may issue a | ||
waiver at its discretion, based solely on the prior training | ||
and experience of an officer. | ||
(d) Upon completion, the employing agency shall be issued | ||
a certificate attesting to a specific officer's completion of | ||
the school resource officer training. Additionally, a letter | ||
of approval shall be issued to the employing agency for any | ||
officer who is approved for a training waiver under this | ||
subsection (d).
| ||
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(Text of Section after amendment by P.A. 101-652 ) | ||
Sec. 10.22. School resource officers. | ||
(a) The Board shall develop or approve a course for school | ||
resource officers as defined in Section 10-20.68 of the School | ||
Code. | ||
(b) The school resource officer course shall be developed | ||
within one year after January 1, 2019 (the effective date of | ||
Public Act 100-984) and shall be created in consultation with | ||
organizations demonstrating expertise and or experience in the | ||
areas of youth and adolescent developmental issues, | ||
educational administrative issues, prevention of child abuse |
and exploitation, youth mental health treatment, and juvenile | ||
advocacy. | ||
(c) The Board shall develop a process allowing law | ||
enforcement agencies to request a waiver of this training | ||
requirement for any specific individual assigned as a school | ||
resource officer. Applications for these waivers may be | ||
submitted by a local law enforcement governmental agency chief | ||
administrator for any officer whose prior training and | ||
experience may qualify for a waiver of the training | ||
requirement of this subsection (c). The Board may issue a | ||
waiver at its discretion, based solely on the prior training | ||
and experience of an officer. | ||
(d) Upon completion, the employing agency shall be issued | ||
a certificate attesting to a specific officer's completion of | ||
the school resource officer training. Additionally, a letter | ||
of approval shall be issued to the employing agency for any | ||
officer who is approved for a training waiver under this | ||
subsection (d).
| ||
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19; | ||
101-652, eff. 1-1-22.) | ||
Section 16. The Law Enforcement Officer-Worn Body Camera | ||
Act is amended by changing Section 10-20 as follows: | ||
(50 ILCS 706/10-20) | ||
Sec. 10-20. Requirements. |
(a) The Board shall develop basic guidelines for the use | ||
of officer-worn body cameras by law enforcement agencies. The | ||
guidelines developed by the Board shall be the basis for the | ||
written policy which must be adopted by each law enforcement | ||
agency which employs the use of officer-worn body cameras. The | ||
written policy adopted by the law enforcement agency must | ||
include, at a minimum, all of the following: | ||
(1) Cameras must be equipped with pre-event recording, | ||
capable of recording at least the 30 seconds prior to | ||
camera activation, unless the officer-worn body camera was | ||
purchased and acquired by the law enforcement agency prior | ||
to July 1, 2015. | ||
(2) Cameras must be capable of recording for a period | ||
of 10 hours or more, unless the officer-worn body camera | ||
was purchased and acquired by the law enforcement agency | ||
prior to July 1, 2015. | ||
(3) Cameras must be turned on at all times when the | ||
officer is in uniform and is responding to calls for | ||
service or engaged in any law enforcement-related | ||
encounter or activity , that occurs while the officer is on | ||
duty. | ||
(A) If exigent circumstances exist which prevent | ||
the camera from being turned on, the camera must be | ||
turned on as soon as practicable. | ||
(B) Officer-worn body cameras may be turned off | ||
when the officer is inside of a patrol car which is |
equipped with a functioning in-car camera; however, | ||
the officer must turn on the camera upon exiting the | ||
patrol vehicle for law enforcement-related encounters. | ||
(C) Officer-worn body cameras may be turned off | ||
when the officer is inside a correctional facility or | ||
courthouse which is equipped with a functioning camera | ||
system. | ||
(4) Cameras must be turned off when:
| ||
(A) the victim of a crime requests that the camera | ||
be turned off, and unless impractical or impossible, | ||
that request is made on the recording; | ||
(B) a witness of a crime or a community member who | ||
wishes to report a crime requests that the camera be | ||
turned off, and unless impractical or impossible that | ||
request is made on the recording;
| ||
(C) the officer is interacting with a confidential | ||
informant used by the law enforcement agency; or | ||
(D) an officer of the Department of Revenue enters | ||
a Department of Revenue facility or conducts an | ||
interview during which return information will be | ||
discussed or visible. | ||
However, an officer may continue to record or resume | ||
recording a victim or a witness, if exigent circumstances | ||
exist, or if the officer has reasonable articulable | ||
suspicion that a victim or witness, or confidential | ||
informant has committed or is in the process of committing |
a crime. Under these circumstances, and unless impractical | ||
or impossible, the officer must indicate on the recording | ||
the reason for continuing to record despite the request of | ||
the victim or witness. | ||
(4.5) Cameras may be turned off when the officer is | ||
engaged in community caretaking functions. However, the | ||
camera must be turned on when the officer has reason to | ||
believe that the person on whose behalf the officer is | ||
performing a community caretaking function has committed | ||
or is in the process of committing a crime. If exigent | ||
circumstances exist which prevent the camera from being | ||
turned on, the camera must be turned on as soon as | ||
practicable. | ||
(5) The officer must provide notice of recording to | ||
any person if the person has a reasonable expectation of | ||
privacy and proof of notice must be evident in the | ||
recording.
If exigent circumstances exist which prevent | ||
the officer from providing notice, notice must be provided | ||
as soon as practicable. | ||
(6) (A) For the purposes of redaction, labeling, or | ||
duplicating recordings, access to camera recordings shall | ||
be restricted to only those personnel responsible for | ||
those purposes. The recording officer or his or her | ||
supervisor may not redact, label, duplicate or otherwise | ||
alter the recording officer's camera recordings. Except as | ||
otherwise provided in this Section, the recording officer |
and his or her supervisor may access and review recordings | ||
prior to completing incident reports or other | ||
documentation, provided that the supervisor discloses that | ||
fact in the report or documentation. | ||
(i) A law enforcement officer shall not have | ||
access to or review his or her body-worn
camera | ||
recordings or the body-worn camera recordings of | ||
another officer prior to completing incident reports | ||
or other documentation when the officer: | ||
(a) has been involved in or is a witness to an | ||
officer-involved shooting, use of deadly force | ||
incident, or use of force incidents resulting in | ||
great bodily harm; | ||
(b) is ordered to write a report in response | ||
to or during the investigation of a misconduct | ||
complaint against the officer. | ||
(ii) If the officer subject to subparagraph (i) | ||
prepares a report, any report shall be prepared | ||
without viewing body-worn camera recordings, and | ||
subject to supervisor's approval, officers may file | ||
amendatory reports after viewing body-worn camera | ||
recordings. Supplemental reports under this provision | ||
shall also contain documentation regarding access to | ||
the video footage. | ||
(B) The recording officer's assigned field | ||
training officer may access and review recordings for |
training purposes. Any detective or investigator | ||
directly involved in the investigation of a matter may | ||
access and review recordings which pertain to that | ||
investigation but may not have access to delete or | ||
alter such recordings. | ||
(7) Recordings made on officer-worn cameras must be | ||
retained by the law enforcement agency or by the camera | ||
vendor used by the agency, on a recording medium for a | ||
period of 90 days. | ||
(A) Under no circumstances shall any recording, | ||
except for a non-law enforcement related activity or | ||
encounter, made with an officer-worn body camera be | ||
altered, erased, or destroyed prior to the expiration | ||
of the 90-day storage period.
In the event any | ||
recording made with an officer-worn body camera is | ||
altered, erased, or destroyed prior to the expiration | ||
of the 90-day storage period, the law enforcement | ||
agency shall maintain, for a period of one year, a | ||
written record including (i) the name of the | ||
individual who made such alteration, erasure, or | ||
destruction, and (ii) the reason for any such | ||
alteration, erasure, or destruction. | ||
(B) Following the 90-day storage period, any and | ||
all recordings made with an officer-worn body camera | ||
must be destroyed, unless any encounter captured on | ||
the recording has been flagged. An encounter is deemed |
to be flagged when:
| ||
(i) a formal or informal complaint has been | ||
filed; | ||
(ii) the officer discharged his or her firearm | ||
or used force during the encounter;
| ||
(iii) death or great bodily harm occurred to | ||
any person in the recording;
| ||
(iv) the encounter resulted in a detention or | ||
an arrest, excluding traffic stops which resulted | ||
in only a minor traffic offense or business | ||
offense; | ||
(v) the officer is the subject of an internal | ||
investigation or otherwise being investigated for | ||
possible misconduct;
| ||
(vi) the supervisor of the officer, | ||
prosecutor, defendant, or court determines that | ||
the encounter has evidentiary value in a criminal | ||
prosecution; or | ||
(vii) the recording officer requests that the | ||
video be flagged for official purposes related to | ||
his or her official duties. | ||
(C) Under no circumstances shall any recording | ||
made with an officer-worn body camera relating to a | ||
flagged encounter be altered or destroyed prior to 2 | ||
years after the recording was flagged. If the flagged | ||
recording was used in a criminal, civil, or |
administrative proceeding, the recording shall not be | ||
destroyed except upon a final disposition and order | ||
from the court. | ||
(D) Nothing in this Act prohibits law enforcement | ||
agencies from labeling officer-worn body camera video | ||
within the recording medium; provided that the | ||
labeling does not alter the actual recording of the | ||
incident captured on the officer-worn body camera. The | ||
labels, titles, and tags shall not be construed as | ||
altering the officer-worn body camera video in any | ||
way. | ||
(8) Following the 90-day storage period, recordings | ||
may be retained if a supervisor at the law enforcement | ||
agency designates the recording for training purposes. If | ||
the recording is designated for training purposes, the | ||
recordings may be viewed by officers, in the presence of a | ||
supervisor or training instructor, for the purposes of | ||
instruction, training, or ensuring compliance with agency | ||
policies.
| ||
(9) Recordings shall not be used to discipline law | ||
enforcement officers unless: | ||
(A) a formal or informal complaint of misconduct | ||
has been made; | ||
(B) a use of force incident has occurred; | ||
(C) the encounter on the recording could result in | ||
a formal investigation under the Uniform Peace |
Officers' Disciplinary Act; or | ||
(D) as corroboration of other evidence of | ||
misconduct. | ||
Nothing in this paragraph (9) shall be construed to | ||
limit or prohibit a law enforcement officer from being | ||
subject to an action that does not amount to discipline. | ||
(10) The law enforcement agency shall ensure proper | ||
care and maintenance of officer-worn body cameras. Upon | ||
becoming aware, officers must as soon as practical | ||
document and notify the appropriate supervisor of any | ||
technical difficulties, failures, or problems with the | ||
officer-worn body camera or associated equipment. Upon | ||
receiving notice, the appropriate supervisor shall make | ||
every reasonable effort to correct and repair any of the | ||
officer-worn body camera equipment. | ||
(11) No officer may hinder or prohibit any person, not | ||
a law enforcement officer, from recording a law | ||
enforcement officer in the performance of his or her | ||
duties in a public place or when the officer has no | ||
reasonable expectation of privacy.
The law enforcement | ||
agency's written policy shall indicate the potential | ||
criminal penalties, as well as any departmental | ||
discipline, which may result from unlawful confiscation or | ||
destruction of the recording medium of a person who is not | ||
a law enforcement officer. However, an officer may take | ||
reasonable action to maintain safety and control, secure |
crime scenes and accident sites, protect the integrity and | ||
confidentiality of investigations, and protect the public | ||
safety and order. | ||
(b) Recordings made with the use of an officer-worn body | ||
camera are not subject to disclosure under the Freedom of | ||
Information Act, except that: | ||
(1) if the subject of the encounter has a reasonable | ||
expectation of privacy, at the time of the recording, any | ||
recording which is flagged, due to the filing of a | ||
complaint, discharge of a firearm, use of force, arrest or | ||
detention, or resulting death or bodily harm, shall be | ||
disclosed in accordance with the Freedom of Information | ||
Act if: | ||
(A) the subject of the encounter captured on the | ||
recording is a victim or witness; and | ||
(B) the law enforcement agency obtains written | ||
permission of the subject or the subject's legal | ||
representative; | ||
(2) except as provided in paragraph (1) of this | ||
subsection (b), any recording which is flagged due to the | ||
filing of a complaint, discharge of a firearm, use of | ||
force, arrest or detention, or resulting death or bodily | ||
harm shall be disclosed in accordance with the Freedom of | ||
Information Act; and | ||
(3) upon request, the law enforcement agency shall | ||
disclose, in accordance with the Freedom of Information |
Act, the recording to the subject of the encounter | ||
captured on the recording or to the subject's attorney, or | ||
the officer or his or her legal representative. | ||
For the purposes of paragraph (1) of this subsection (b), | ||
the subject of the encounter does not have a reasonable | ||
expectation of privacy if the subject was arrested as a result | ||
of the encounter. For purposes of subparagraph (A) of | ||
paragraph (1) of this subsection (b), "witness" does not | ||
include a person who is a victim or who was arrested as a | ||
result of the encounter.
| ||
Only recordings or portions of recordings responsive to | ||
the request shall be available for inspection or reproduction. | ||
Any recording disclosed under the Freedom of Information Act | ||
shall be redacted to remove identification of any person that | ||
appears on the recording and is not the officer, a subject of | ||
the encounter, or directly involved in the encounter. Nothing | ||
in this subsection (b) shall require the disclosure of any | ||
recording or portion of any recording which would be exempt | ||
from disclosure under the Freedom of Information Act. | ||
(c) Nothing in this Section shall limit access to a camera | ||
recording for the purposes of complying with Supreme Court | ||
rules or the rules of evidence.
| ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 7-30-21.) | ||
Section 20. The Code of Criminal Procedure of 1963 is |
amended by adding Section 103-3.5 as follows: | ||
(725 ILCS 5/103-3.5 new) | ||
Sec. 103-3.5. Right to communicate with attorney and | ||
family; transfers; presumption of inadmissibility. | ||
(a) Persons who are in police custody shall have the right | ||
to communicate free of charge with an attorney of his or her | ||
choice and members of his or her family as soon as possible | ||
upon being taken into police custody, but no later than 3 hours | ||
of arrival at the first place of detention. Persons in police | ||
custody must be given access to use a telephone via a landline | ||
or cellular phone to make 3 telephone calls. | ||
(b) In accordance with Section 103-7, at every police | ||
facility where a person is in police custody, a sign | ||
containing at minimum, the following information in bold block | ||
type must be posted in a conspicuous place: | ||
(1) a short statement notifying persons who are in | ||
police custody of their right to have access to a phone | ||
within 3 hours of being taken into police custody; and | ||
(2) that persons who are in police custody have the | ||
right to make 3 phone calls within 3 hours of being taken | ||
into custody, at no charge. | ||
(c) In addition to the information listed in subsection | ||
(b), if the place of detention is located in a jurisdiction | ||
where the court has appointed the public defender or other | ||
attorney to represent persons who are in police custody, the |
telephone number to the public defender or other attorney's | ||
office must also be displayed. The telephone call to the | ||
public defender or other attorney must not be monitored, | ||
eavesdropped upon, or recorded. | ||
(d) If a person who is in police custody is transferred to | ||
a new place of detention, that person's right to make 3 | ||
telephone calls under this Section within 3 hours of arrival | ||
is renewed. | ||
(e) Statements made by a person who is detained in police | ||
custody in violation of this section are presumed inadmissible | ||
in court as evidence. The presumption of inadmissibility may | ||
be overcome by a preponderance of the evidence that the | ||
statement was voluntarily given and is reliable, based on the | ||
totality of the circumstances. As used in this subsection, | ||
"totality of the circumstances" includes, but is not limited | ||
to, evidence that law enforcement knowingly prevented or | ||
delayed a person's right to communicate or failed to comply | ||
with the requirements of this Section. | ||
(f) The 3-hour requirement under this Section shall not | ||
apply while the person in police custody is asleep, | ||
unconscious, or otherwise incapacitated or an exigent | ||
circumstance prevents the officers from timely complying with | ||
this Section. If this occurs, it must be documented within the | ||
police report detailing the exigent circumstance. Once the | ||
exigent circumstance ends, the right to make 3 phone calls | ||
within 3 hours resumes. |
(g) In accordance with this Section, the following records | ||
shall be maintained: (i) the number of phone calls the person | ||
made while in custody; (ii) the time or times the person made | ||
phone calls; and (iii) if the person did not make any phone | ||
calls, a statement of the reason or reasons why no calls were | ||
made. | ||
(h) For purposes of this Section, "place of detention" | ||
means a building or a police station that is a place of | ||
operation for a municipal police department or county sheriff | ||
department or other law enforcement agency, other than a | ||
courthouse, that is owned or operated by a law enforcement | ||
agency, or other building, such as a school or hospital, where | ||
persons are held in detention in connection with criminal | ||
charges against those persons.
| ||
(725 ILCS 5/103-3 rep.)
| ||
Section 25. The Code of Criminal Procedure of 1963 is | ||
amended by repealing Section 103-3. | ||
Section 30. The Pretrial Services Act is amended by adding | ||
Section 1.5 as follows: | ||
(725 ILCS 185/1.5 new) | ||
Sec. 1.5. Framework facilitating the hiring and training | ||
of new State-employed pretrial services personnel to serve | ||
circuit courts or counties without existing pretrial services |
agencies. Notwithstanding anything in this Act to the | ||
contrary, the Supreme Court is encouraged to establish a | ||
framework that facilitates the hiring and training of new | ||
State-employed pretrial services personnel to serve circuit | ||
courts or counties without existing pretrial services | ||
agencies, as required by Section 1. | ||
Section 35. The Unified Code of Corrections is amended by | ||
changing Section 5-8-1 as follows:
| ||
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||
Sec. 5-8-1. Natural life imprisonment; enhancements for | ||
use of a firearm; mandatory supervised release terms.
| ||
(a) Except as otherwise provided in the statute defining | ||
the offense or in Article 4.5 of Chapter V, a
sentence of | ||
imprisonment for a felony shall be a determinate sentence set | ||
by
the court under this Section, subject to Section 5-4.5-115 | ||
of this Code, according to the following limitations:
| ||
(1) for first degree murder,
| ||
(a) (blank),
| ||
(b) if a trier of fact finds beyond a reasonable
| ||
doubt that the murder was accompanied by exceptionally
| ||
brutal or heinous behavior indicative of wanton | ||
cruelty or, except as set forth
in subsection | ||
(a)(1)(c) of this Section, that any of the aggravating | ||
factors
listed in subsection (b) or (b-5) of Section |
9-1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 are
present, the court may sentence the | ||
defendant, subject to Section 5-4.5-105, to a term of | ||
natural life
imprisonment, or
| ||
(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment if the defendant, at | ||
the time of the commission of the murder, had attained | ||
the age of 18, and :
| ||
(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or
| ||
(ii) is found guilty of murdering more
than | ||
one victim, or
| ||
(iii) is found guilty of murdering a peace | ||
officer, fireman, or emergency management worker | ||
when
the peace officer, fireman, or emergency | ||
management worker was killed in the course of | ||
performing his
official duties, or to prevent the | ||
peace officer or fireman from
performing his | ||
official duties, or in retaliation for the peace | ||
officer,
fireman, or emergency management worker | ||
from performing his official duties, and the | ||
defendant knew or should
have known that the | ||
murdered individual was a peace officer, fireman, | ||
or emergency management worker, or
| ||
(iv) is found guilty of murdering an employee | ||
of an institution or
facility of the Department of |
Corrections, or any similar local
correctional | ||
agency, when the employee was killed in the course | ||
of
performing his official duties, or to prevent | ||
the employee from performing
his official duties, | ||
or in retaliation for the employee performing his
| ||
official duties, or
| ||
(v) is found guilty of murdering an emergency | ||
medical
technician - ambulance, emergency medical | ||
technician - intermediate, emergency
medical | ||
technician - paramedic, ambulance driver or other | ||
medical assistance or
first aid person while | ||
employed by a municipality or other governmental | ||
unit
when the person was killed in the course of | ||
performing official duties or
to prevent the | ||
person from performing official duties or in | ||
retaliation
for performing official duties and the | ||
defendant knew or should have known
that the | ||
murdered individual was an emergency medical | ||
technician - ambulance,
emergency medical | ||
technician - intermediate, emergency medical
| ||
technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or
| ||
(vi) (blank), or
| ||
(vii) is found guilty of first degree murder | ||
and the murder was
committed by reason of any | ||
person's activity as a community policing |
volunteer
or to prevent any person from engaging | ||
in activity as a community policing
volunteer. For | ||
the purpose of this Section, "community policing | ||
volunteer"
has the meaning ascribed to it in | ||
Section 2-3.5 of the Criminal Code of 2012.
| ||
For purposes of clause (v), "emergency medical | ||
technician - ambulance",
"emergency medical technician - | ||
intermediate", "emergency medical technician -
| ||
paramedic", have the meanings ascribed to them in the | ||
Emergency Medical
Services (EMS) Systems Act.
| ||
(d)(i) if the person committed the offense while | ||
armed with a
firearm, 15 years shall be added to | ||
the term of imprisonment imposed by the
court;
| ||
(ii) if, during the commission of the offense, the | ||
person
personally discharged a firearm, 20 years shall | ||
be added to the term of
imprisonment imposed by the | ||
court;
| ||
(iii) if, during the commission of the offense, | ||
the person
personally discharged a firearm that | ||
proximately caused great bodily harm,
permanent | ||
disability, permanent disfigurement, or death to | ||
another person, 25
years or up to a term of natural | ||
life shall be added to the term of
imprisonment | ||
imposed by the court.
| ||
(2) (blank);
| ||
(2.5) for a person who has attained the age of 18 years
|
at the time of the commission of the offense and
who is | ||
convicted under the circumstances described in subdivision | ||
(b)(1)(B) of Section 11-1.20 or
paragraph (3) of | ||
subsection (b) of Section 12-13, subdivision (d)(2) of | ||
Section 11-1.30 or paragraph (2) of subsection
(d) of | ||
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||
paragraph (1.2) of subsection (b) of
Section 12-14.1, | ||
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||
subsection (b) of Section 12-14.1
of the Criminal Code of | ||
1961 or the Criminal Code of 2012, the sentence shall be a | ||
term of natural life
imprisonment.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(d) Subject to
earlier termination under Section 3-3-8, | ||
the parole or mandatory
supervised release term shall be | ||
written as part of the sentencing order and shall be as | ||
follows:
| ||
(1) for first degree murder or for the offenses of | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual assault, and criminal sexual assault if | ||
committed on or before December 12, 2005, 3 years;
| ||
(1.5) except as provided in paragraph (7) of this | ||
subsection (d), for a Class X felony except for the | ||
offenses of predatory criminal sexual assault of a child, | ||
aggravated criminal sexual assault, and criminal sexual | ||
assault if committed on or after December 13, 2005 (the |
effective date of Public Act 94-715) and except for the | ||
offense of aggravated child pornography under Section | ||
11-20.1B . , 11-20.3, or 11-20.1 with sentencing under | ||
subsection (c-5) of Section 11-20.1 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, if committed on or | ||
after January 1, 2009, 18 months; | ||
(2) except as provided in paragraph (7) of this | ||
subsection (d), for a Class 1 felony or a Class 2 felony | ||
except for the offense of criminal sexual assault if | ||
committed on or after December 13, 2005 (the effective | ||
date of Public Act 94-715) and except for the offenses of | ||
manufacture and dissemination of child pornography under | ||
clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if | ||
committed on or after January 1, 2009, 12 months;
| ||
(3) except as provided in paragraph (4), (6), or (7) | ||
of this subsection (d), a mandatory supervised release | ||
term shall not be imposed for a Class 3 felony or a Class 4 | ||
felony; unless: | ||
(A) the Prisoner Review Board, based on a | ||
validated risk and needs assessment, determines it is | ||
necessary for an offender to serve a mandatory | ||
supervised release term; | ||
(B) if the Prisoner Review Board determines a | ||
mandatory supervised release term is necessary | ||
pursuant to subparagraph (A) of this paragraph (3), |
the Prisoner Review Board shall specify the maximum | ||
number of months of mandatory supervised release the | ||
offender may serve, limited to a term of:
(i) 12 months | ||
for a Class 3 felony;
and (ii) 12 months for a Class 4 | ||
felony;
| ||
(4) for defendants who commit the offense of predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, or criminal sexual assault, on or after | ||
December 13, 2005 ( the effective date of Public Act | ||
94-715) this amendatory Act of the 94th General Assembly , | ||
or who commit the offense of aggravated child pornography | ||
under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||
sentencing under subsection (c-5) of Section 11-20.1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012, | ||
manufacture of child pornography, or dissemination of | ||
child pornography after January 1, 2009, the term of | ||
mandatory supervised release shall range from a minimum of | ||
3 years to a maximum of the natural life of the defendant;
| ||
(5) if the victim is under 18 years of age, for a | ||
second or subsequent
offense of aggravated criminal sexual | ||
abuse or felony criminal sexual abuse,
4 years, at least | ||
the first 2 years of which the defendant shall serve in an
| ||
electronic monitoring or home detention program under | ||
Article 8A of Chapter V of this Code;
| ||
(6) for a felony domestic battery, aggravated domestic | ||
battery, stalking, aggravated stalking, and a felony |
violation of an order of protection, 4 years; | ||
(7) for any felony described in paragraph (a)(2)(ii), | ||
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||
3-6-3 of the Unified Code of Corrections requiring an | ||
inmate to serve a minimum of 85% of their court-imposed | ||
sentence, except for the offenses of predatory criminal | ||
sexual assault of a child, aggravated criminal sexual | ||
assault, and criminal sexual assault if committed on or | ||
after December 13, 2005 (the effective date of Public Act | ||
94-715) and except for the offense of aggravated child | ||
pornography under Section 11-20.1B . , 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
if committed on or after January 1, 2009 and except as | ||
provided in paragraph (4) or paragraph (6) of this | ||
subsection (d), the term of mandatory supervised release | ||
shall be as follows: | ||
(A) Class X felony, 3 years; | ||
(B) Class 1 or Class 2 felonies, 2 years; | ||
(C) Class 3 or Class 4 felonies, 1 year. | ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) Notwithstanding any other provisions of this Act and | ||
of Public Act 101-652: (i) the provisions of paragraph (3) of | ||
subsection (d) are effective on July 1 January 1 , 2022 and |
shall apply to all individuals convicted on or after the | ||
effective date of paragraph (3) of subsection (d); and (ii) | ||
the provisions of paragraphs (1.5) and (2) of subsection (d) | ||
are effective on July 1, 2021 and shall apply to all | ||
individuals convicted on or after the effective date of | ||
paragraphs (1.5) and (2) of subsection (d). | ||
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | ||
102-28, eff. 6-25-21; revised 8-2-21.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2022.
|