Public Act 90-0271 of the 90th General Assembly

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Public Act 90-0271

SB762 Enrolled                                 LRB9003191MWmg

    AN ACT to amend  the  Illinois  Police  Training  Act  by
changing Sections 2, 8.1, 8.2, and 10.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Police Training Act  is  amended
by changing Sections 2, 8.1, 8.2, and 10.1 as follows:

    (50 ILCS 705/2) (from Ch. 85, par. 502)
    (Text of Section before amendment by P.A. 89-685)
    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 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 thereof.
    "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.
    "Probationary part-time county corrections officer" means
a recruit part-time county corrections  officer  required  to
successfully  complete  initial  minimum  part-time  training
requirements  to  be  eligible  for part-time employment as a
county corrections officer.
    "Part-time county corrections  officer"  means  a  county
corrections officer who has completed his or her probationary
period  and  is  employed  on  a  part-time basis as a county
corrections officer by  a  participating  local  governmental
unit.
    "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.
(Source: P.A. 88-586, eff. 8-12-94; 89-170, eff. 1-1-96.)

    (Text of Section after amendment by P.A. 89-685)
    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 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 thereof.
    "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.
    "Probationary part-time county corrections officer" means
a  recruit  part-time  county corrections officer required to
successfully  complete  initial  minimum  part-time  training
requirements to be eligible for  part-time  employment  as  a
county corrections officer.
    "Part-time  county  corrections  officer"  means a county
corrections officer who has completed his or her probationary
period and is employed on  a  part-time  basis  as  a  county
corrections  officer  by  a  participating local governmental
unit.
    "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 permanent 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 permanently 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. 88-586,  eff.  8-12-94;  89-170,  eff.  1-1-96;
89-685, eff. 6-1-97.)

    (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
    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  six  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
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 six months, then  the  officer  must  forfeit  his
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 six
months.
    (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,
part-time   county   corrections  officers,  or  probationary
part-time county corrections officers.
(Source: P.A. 89-170, eff. 1-1-96.)

    (50 ILCS 705/8.2)
    Sec.  8.2.  Part-time  police  and   county   corrections
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 January 1,  1996  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 may not
extend the initial period by more than 90 days.  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).  A  person  hired  to  serve as a part-time
county corrections officer  must  obtain  from  the  Board  a
certificate (i) attesting to his or her successful completion
of  the  part-time  county correctional 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 county correctional training course is  unnecessary
because  of  the  person's extensive prior county corrections
experience.  A person hired on or after January 1, 1996  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  may  not
extend  the initial period by more than 90 days.  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.
    (c)  The   part-time  police  training  course  and   the
part-time  county correctional 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 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. 89-170, eff. 1-1-96.)

    (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
    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 and  part-time  county
corrections  officers  in  addition  to  the  basic part-time
police  training  course  and  the  basic  part-time   county
correctional officers course.  The training for permanent and
part-time  police officers and permanent and part-time 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 and part-time 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  or  part-time  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.
(Source: P.A. 89-170, eff. 1-1-96; 89-670, eff. 8-14-96.)

    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 99.  Effective date.  This Act takes effect  upon
becoming law.

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