Public Act 103-0389
 
SB1754 EnrolledLRB103 25495 AWJ 51844 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Administrative Procedure Act is 
amended by adding Section 5-45.35 as follows:
 
    (5 ILCS 100/5-45.35 new)
    Sec. 5-45.35. Emergency rulemaking; Illinois Law

Enforcement Training Standards Board. To provide for the

expeditious and timely implementation of the changes made in

Sections 8.1 and 8.2 of the Illinois Police Training Act, 
emergency
rules implementing the waiver process under Sections 
8.1 and 8.2 of the
Illinois Police Training Act may be adopted 
in accordance with
Section 5-45 by the Illinois Law 
Enforcement Training
Standards Board. The adoption of 
emergency rules authorized by
Section 5-45 and this Section is 
deemed to be necessary for the
public interest, safety, and 
welfare.
    This Section is repealed one year after the effective date 
of this amendatory Act of the 103rd General Assembly.
 
    Section 10. The Illinois Police Training Act is amended  by 
changing Sections 8.1 and 8.2 as follows:
 


    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)



    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, obtained in Illinois, in any 
other state, or with an agency of the federal government, the 
basic training requirement
is determined by the Board to be 
illogical and unreasonable. Agencies seeking a reciprocity 
waiver for training completed outside of Illinois must conduct 
a thorough background check and provide verification of the 
officer's prior training. After review and satisfaction of all 
requested conditions, the officer shall be awarded an 
equivalency certificate satisfying the requirements of this 
Section. Within 60 days after the effective date of this 
amendatory Act of the 103rd General Assembly, the Board shall 
adopt uniform rules providing for a waiver process for a 
person previously employed and qualified as a law enforcement 
or county corrections officer under federal law or the laws of 
any other state, or who has completed a basic law enforcement 
officer or correctional officer academy who would be qualified 
to be employed as a law enforcement officer or correctional 
officer by the federal government or any other state. These 
rules shall address the process for evaluating prior training 
credit, a description and list of the courses typically 
required for reciprocity candidates to complete prior to 
taking the exam, and a procedure for employers seeking a 
pre-activation determination for a reciprocity training 
waiver. The rules shall provide that any eligible person 
previously trained as a law enforcement or county corrections 
officer under federal law or the laws of any other state shall 
successfully complete the following prior to the approval of a 
waiver:
        (1) a training program or set of coursework approved 
    by the Board on the laws of this State relevant to the 
    duties and training requirements of law enforcement and 
    county correctional officers;
        (2) firearms training; and
        (3) successful passage of the equivalency 
    certification examination. 

    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 January 1, 2022 
(the effective date of Public Act 101-652) 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 
    agency for any reason. The Board shall re-activate a 
    certification upon written application from the law 
    enforcement officer's law enforcement agency that shows 
    the law enforcement officer: (i) has accepted a full-time 
    law enforcement position with that law enforcement 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 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 agency for 
    conduct subject to decertification under this Act or 
    resigned or retired after receiving notice of a law 
    enforcement agency's investigation.
        (2) A law enforcement agency may place an officer who 
    is currently certified 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 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) is employed in a full-time law enforcement position 
    with the same law enforcement agency, (ii) is 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 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 
    section, the Board shall notify the law enforcement 
    officer and the chief administrator of the law enforcement 
    officer's employing 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. 
    (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 
officer 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 agency shall allow 
and provide an opportunity for a law enforcement officer to 
complete the mandated requirements in this Act. All mandated 
training shall will 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, and Public Act 102-694 take effect July 1, 2022. 
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; 
102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)

 


    (50 ILCS 705/8.2)




    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 obtained in 
Illinois, in any other state, or with an agency of the federal 
government.
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. Agencies seeking a reciprocity waiver for 
training completed outside of Illinois must conduct a thorough 
background check and provide verification of the officer's 
prior training. After review and satisfaction of all requested 
conditions, the officer shall be awarded an equivalency 
certificate satisfying the requirements of this Section. 
Within 60 days after the effective date of this amendatory Act 
of the 103rd General Assembly, the Board shall adopt uniform 
rules providing for a waiver process for a person previously 
employed and qualified as a law enforcement or county 
corrections officer under federal law or the laws of any other 
state, or who has completed a basic law enforcement officer or 
correctional officer academy who would be qualified to be 
employed as a law enforcement officer or correctional officer 
by the federal government or any other state. These rules 
shall address the process for evaluating prior training 
credit, a description and list of the courses typically 
required for reciprocity candidates to complete prior to 
taking the exam, and a procedure for employers seeking a 
pre-activation determination for a reciprocity training 
waiver. The rules shall provide that any eligible person 
previously trained as a law enforcement or county corrections 
officer under federal law or the laws of any other state shall 
successfully complete the following prior to the approval of a 
waiver:
        (1) a training program or set of coursework approved 
    by the Board on the laws of this State relevant to the 
    duties and training requirements of law enforcement and 
    county correctional officers;
        (2) firearms training; and
        (3) successful passage of the equivalency 
    certification examination. 

    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 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 agency for any reason. The 
    Board shall re-activate a certification upon written 
    application from the law enforcement officer's employing 
    agency that shows the law enforcement officer: (i) has 
    accepted a part-time law enforcement position with that a 
    law enforcement 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 
    agency for conduct subject to decertification under this 
    Act or resigned or retired after receiving notice of a law 
    enforcement agency's investigation.
        (2) A law enforcement agency may place an officer who 
    is currently certified 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 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 law enforcement 
    position with the same law enforcement 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 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 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 
    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. 

    (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; 102-694, eff. 1-7-22.)