HB5841 101ST GENERAL ASSEMBLY

LRB101 22006 AWJ 73023 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5841

Introduced 11/10/2020, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

See Index

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois Police Training Act is applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers one year after the effective date of the amendatory Act. Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified beginning one year after the effective date of the amendatory Act. Amends the Illinois Municipal Code. Provides that the chief of police in municipalities with a population of 1,000,000 or more shall be elected beginning with the 2021 consolidated election and shall be known as the Superintendent of Police. Provides for the eligibility, bond, oath, recall, impeachment, and training required of the Superintendent of Police. Limits home rule powers. Requires, after the initial election of the Superintendent of Police, all police officers to give bond in the amount of $100,000. Repeals the provisions, except the bond and recall provisions, on January 1, 2031. Amends the Counties Code and Illinois Municipal Code requiring municipalities with police departments and counties to create an elected community accountability board that acts as the civilian accountability entity to the sheriff's department and police departments. Allows municipalities or counties under 10,000 to enter into an intergovernmental agreement to form a joint community accountability board. Limits home rule powers. Amends the Election Code making a conforming change. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that specified provisions are effective one year after the amendatory Act becomes law.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning police.

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

Section 5. The Law Enforcement Criminal Sexual Assault Investigation Act is amended by changing Section 10 as follows:

(5 ILCS 815/10)

Sec. 10. Investigation of officer-involved criminal assault; requirements.

(a) Each law enforcement agency shall have a written policy regarding the investigation of officer-involved criminal sexual assault that involves a law enforcement officer employed by that law enforcement agency.

(b) Each officer-involved criminal sexual assault investigation shall be conducted by at least 2 investigators or an entity comprised of at least 2 investigators, one of whom shall be the lead investigator. The investigators shall have completed a specialized sexual assault and sexual abuse investigation training program approved by the Illinois Law Enforcement Training Standards Board or similar training approved by the Department of State Police. No investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved criminal sexual assault, unless the investigator is employed by the Department of State Police or a municipality with a population over 1,000,000 and is not assigned to the same division or unit as the officer involved in the criminal sexual assault.

(c) Upon receipt of an allegation or complaint of an officer-involved criminal sexual assault, a municipality with a population over 1,000,000 shall promptly notify an independent agency, created by ordinance of the municipality, tasked with investigating incidents of police misconduct.

(Source: P.A. 100-515, eff. 1-1-18.)

Section 10. The Election Code is amended by changing Section 2A-1.2 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated schedule of elections - offices designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Water Reclamation Sanitary District of Greater Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeperson, township committeeperson, ward committeeperson, and precinct committeeperson shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chair of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;

(13) Members of Community College district boards;

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(18) County and municipal community accountability board members.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 100-1027, eff. 1-1-19; revised 8-23-19.)

Section 15. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Sections 2605-5, 2605-54, 2605-85, 2605-90, 2605-96, 2605-97, and 2605-98, and 2605-375 and by adding Section 2605-53.5 as follows:

(20 ILCS 2605/2605-5)

Sec. 2605-5. Definitions. In this Law:

"Board" means the Illinois Law Enforcement Training Standards Board.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Missing endangered senior" means an individual 65 years of age or older or a person with Alzheimer's disease or related dementias who is reported missing to a law enforcement agency and is, or is believed to be:

(1) a temporary or permanent resident of Illinois;

(2) at a location that cannot be determined by an individual familiar with the missing individual; and

(3) incapable of returning to the individual's residence without assistance.

(Source: P.A. 96-442, eff. 1-1-10.)

(20 ILCS 2605/2605-53.5 new)

Sec. 2605-53.5. Applicability of the Illinois Police Training Act. The provisions of the Illinois Police Training Act are applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers.

(20 ILCS 2605/2605-54)

Sec. 2605-54. Training policy; persons arrested while under the influence of alcohol or drugs. The Board Department shall adopt a policy and provide training to State Police officers concerning response and care for persons under the influence of alcohol or drugs. The policy shall be consistent with the Substance Use Disorder Act and shall provide guidance for the arrest of persons under the influence of alcohol or drugs, proper medical attention if warranted, and care and release of those persons from custody. The policy shall provide guidance concerning the release of persons arrested under the influence of alcohol or drugs who are under the age of 21 years of age which shall include, but not be limited to, language requiring the arresting officer to make a reasonable attempt to contact a responsible adult who is willing to take custody of the person who is under the influence of alcohol or drugs.

(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)

(20 ILCS 2605/2605-85)

Sec. 2605-85. Training; cultural diversity. The Board Department shall provide training and continuing education to State Police officers concerning cultural diversity, including sensitivity toward racial and ethnic differences. This training and continuing education shall include, but not be limited to, an emphasis on the fact that the primary purpose of enforcement of the Illinois Vehicle Code is safety and equal and uniform enforcement under the law.

(Source: P.A. 93-209, eff. 7-18-03.)

(20 ILCS 2605/2605-90)

Sec. 2605-90. Training; death and homicide investigations. The Board Department shall provide training in death and homicide investigation for State police officers. Only State police officers who successfully complete the training may be assigned as lead investigators in death and homicide investigations. Satisfactory completion of the training shall be evidenced by a certificate issued to the officer by the Department.

The Board Director shall develop a process for waiver applications for those officers whose prior training and experience as homicide investigators may qualify them for a waiver. The Board Director may issue a waiver at his or her discretion, based solely on the prior training and experience of an officer as a homicide investigator.

(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.)

(20 ILCS 2605/2605-96)

Sec. 2605-96. Training; Post-Traumatic Stress Disorder (PTSD). The Board Department shall conduct or approve a training program in Post-Traumatic Stress Disorder (PTSD) for State police officers. The purpose of that training shall be to equip State police officers to identify the symptoms of PTSD and to respond appropriately to individuals exhibiting those symptoms.

(Source: P.A. 97-1040, eff. 1-1-13.)

(20 ILCS 2605/2605-97)

Sec. 2605-97. Training; opioid antagonists. The Board Department shall conduct or approve a training program for State police officers in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Substance Use Disorder Act that is in accordance with that Section. As used in this Section 2605-97, the term "State police officers" includes full-time or part-time State troopers, police officers, investigators, or any other employee of the Department exercising the powers of a peace officer.

(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)

(20 ILCS 2605/2605-98)

Sec. 2605-98. Training; sexual assault and sexual abuse.

(a) The Board Department of State Police shall conduct or approve training programs in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but is not limited to, the following:

(1) recognizing the symptoms of trauma;

(2) understanding the role trauma has played in a victim's life;

(3) responding to the needs and concerns of a victim;

(4) delivering services in a compassionate, sensitive, and nonjudgmental manner;

(5) interviewing techniques in accordance with the curriculum standards in subsection (f) of this Section;

(6) understanding cultural perceptions and common myths of sexual assault and sexual abuse; and

(7) report writing techniques in accordance with the curriculum standards in subsection (f) of this Section.

(b) This training must be presented in all full and part-time basic law enforcement academies on or before July 1, 2018.

(c) The Board Department must present this training to all State police officers within 3 years after the effective date of this amendatory Act of the 99th General Assembly and must present in-service training on sexual assault and sexual abuse response and report writing training requirements every 3 years.

(d) The Board Department must provide to all State police officers who conduct sexual assault and sexual abuse investigations, specialized training on sexual assault and sexual abuse investigations within 2 years after the effective date of this amendatory Act of the 99th General Assembly and must present in-service training on sexual assault and sexual abuse investigations to these officers every 3 years.

(e) Instructors providing this training shall have successfully completed training on evidence-based, trauma-informed, victim-centered responses to cases of sexual assault and sexual abuse and have experience responding to sexual assault and sexual abuse cases.

(f) The Board Department shall adopt rules, in consultation with the Office of the Illinois Attorney General and the Illinois Law Enforcement Training Standards Board, to determine the specific training requirements for these courses, including, but not limited to, the following:

(1) evidence-based curriculum standards for report writing and immediate response to sexual assault and sexual abuse, including trauma-informed, victim-centered interview techniques, which have been demonstrated to minimize retraumatization, for all State police officers; and

(2) evidence-based curriculum standards for trauma-informed, victim-centered investigation and interviewing techniques, which have been demonstrated to minimize retraumatization, for cases of sexual assault and sexual abuse for all State Police officers who conduct sexual assault and sexual abuse investigations.

(Source: P.A. 99-801, eff. 1-1-17.)

(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)

Sec. 2605-375. Missing persons; Law Enforcement Agencies Data System (LEADS).

(a) To establish and maintain a statewide Law Enforcement Agencies Data System (LEADS) for the purpose of providing electronic access by authorized entities to criminal justice data repositories and effecting an immediate law enforcement response to reports of missing persons, including lost, missing or runaway minors, lost or missing individuals with developmental or intellectual disabilities, and missing endangered seniors. The Department shall implement an automatic data exchange system to compile, to maintain, and to make available to other law enforcement agencies for immediate dissemination data that can assist appropriate agencies in recovering missing persons and provide access by authorized entities to various data repositories available through LEADS for criminal justice and related purposes. To assist the Department in this effort, funds may be appropriated from the LEADS Maintenance Fund. Funds may be appropriated from the LEADS Maintenance Fund to the Department to finance any of its lawful purposes or functions in relation to defraying the expenses associated with establishing, maintaining, and supporting the issuance of electronic citations.

(b) In exercising its duties under this Section, the Department shall provide a uniform reporting format (LEADS) for the entry of pertinent information regarding the report of a missing person into LEADS. The report must include all of the following:

(1) Relevant information obtained from the notification concerning the missing person, including all of the following:

(A) a physical description of the missing person;

(B) the date, time, and place that the missing person was last seen; and

(C) the missing person's address.

(2) Information gathered by a preliminary investigation, if one was made.

(3) A statement by the law enforcement officer in charge stating the officer's assessment of the case based on the evidence and information received.

(b-5) The Department of State Police shall:

(1) Develop and implement a policy whereby a statewide or regional alert would be used in situations relating to the disappearances of individuals, based on criteria and in a format established by the Department. Such a format shall include, but not be limited to, the age of the missing person and the suspected circumstance of the disappearance.

(2) Notify all law enforcement agencies that reports of missing persons shall be entered as soon as the minimum level of data specified by the Department is available to the reporting agency and that no waiting period for the entry of the data exists.

(3) Compile and retain information regarding lost, abducted, missing, or runaway minors in a separate data file, in a manner that allows that information to be used by law enforcement and other agencies deemed appropriate by the Director, for investigative purposes. The information shall include the disposition of all reported lost, abducted, missing, or runaway minor cases.

(4) Compile and maintain an historic data repository relating to lost, abducted, missing, or runaway minors and other missing persons, including, but not limited to, lost or missing individuals with developmental or intellectual disabilities and missing endangered seniors, in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons.

(5) Create a quality control program regarding confirmation of missing person data, timeliness of entries of missing person reports into LEADS, and performance audits of all entering agencies.

(c) The Illinois Law Enforcement Training Standards Board shall conduct a training program for law enforcement personnel of State and local governmental agencies in the Missing Persons Identification Act.

(d) The Department of State Police shall perform the duties prescribed in the Missing Persons Identification Act, subject to appropriation.

(Source: P.A. 100-662, eff. 1-1-19.)

Section 20. The State Police Act is amended by changing Sections 8, 40, and 45 as follows:

(20 ILCS 2610/8) (from Ch. 121, par. 307.8)

Sec. 8. Except as otherwise provided in the Illinois Police Training Act, the The Board shall exercise jurisdiction over the certification for appointment and promotion, and over the discipline, removal, demotion and suspension of Department of State Police officers. Pursuant to recognized merit principles of public employment, the Board shall formulate, adopt, and put into effect rules, regulations and procedures for its operation and the transaction of its business. The Board shall establish a classification of ranks of persons subject to its jurisdiction and shall set standards and qualifications for each rank. Each Department of State Police officer appointed by the Director shall be classified as a State Police officer as follows: trooper, sergeant, master sergeant, lieutenant, captain, major, or Special Agent. In case of a conflict between this Act and the Illinois Police Training Act, the provisions of the Illinois Police Training Act shall prevail.

(Source: P.A. 100-49, eff. 1-1-18.)

(20 ILCS 2610/40)

Sec. 40. Training; administration of epinephrine.

(a) This Section, along with Section 10.19 of the Illinois Police Training Act, may be referred to as the Annie LeGere Law.

(b) For the 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 the Department.

(c) The Illinois Law Enforcement Training Standards Board Department may conduct or approve a training program for State Police officers to recognize and respond to anaphylaxis, including, but 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 Illinois Law Enforcement Training Standards Board Department.

(d) The Department may authorize a State Police officer who has completed the training program under subsection (c) to carry, administer, or assist with the administration of epinephrine auto-injectors whenever he or she is performing official duties.

(e) The Department must establish a written policy to control the acquisition, storage, transportation, administration, and disposal of epinephrine auto-injectors before it allows any State Police officer to carry and administer epinephrine auto-injectors.

(f) A physician, 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 the Department to be maintained for use when necessary.

(g) When a State Police officer administers an epinephrine auto-injector in good faith, the officer and the Department, and its employees and agents, including a physician, 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; revised 1-14-20.)

(20 ILCS 2610/45)

Sec. 45. Compliance with the Health Care Violence Prevention Act; training. The Department shall comply with the Health Care Violence Prevention Act. The Illinois Law Enforcement Training Standards Board and shall provide an appropriate level of training for its officers concerning the Health Care Violence Prevention Act.

(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)

Section 25. The Illinois Police Training Act is amended by changing Sections 2, 6, 6.1, 8.1, and 8.2 and adding Section 6.3 as follows:

(50 ILCS 705/2) (from Ch. 85, par. 502)

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 State or 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.)

(50 ILCS 705/6) (from Ch. 85, par. 506)

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 licensure or 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 be the licensing authority for all police officers employed by the State or a unit of local government.

(Source: P.A. 101-187, eff. 1-1-20.)

(50 ILCS 705/6.1)

Sec. 6.1. Revocation of license or decertification Decertification of full-time and part-time police officers.

(a) The Board must review police officer conduct and records to ensure that no police officer is licensed certified or provided a valid waiver if that police officer has been convicted of or pleads guilty to , or entered a plea of guilty 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 police officer is licensed certified or provided a valid waiver if that police officer has been convicted of, or entered a plea of guilty to, on or after the effective date of this amendatory Act of 1999 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, 11-9.1, 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, to 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 to Section 5 or 5.2 of the Cannabis Control Act. The Board must appoint investigators to enforce the duties conferred upon the Board by this Act.

(b) It is the responsibility of the sheriff or the chief executive officer of every local law enforcement agency or department within this State to report to the Board any arrest, conviction, or plea of guilty of any officer for an offense identified in this Section.

(c) It is the duty and responsibility of every full-time and part-time police officer in this State to report to the Board within 30 days, and the officer's sheriff or chief executive officer, of his or her arrest, conviction, or plea of guilty for an offense identified in this Section. Any full-time or part-time police officer who knowingly makes, submits, causes to be submitted, or files a false or untruthful report to the Board must have his or her license 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) Whenever a Any full-time or part-time police officer with a license certificate or waiver issued by the Board who is convicted ofor pleads guilty to , or entered a plea of guilty to, any offense described in this Section, his or her license or waiver is automatically revoked by operation of law 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 his or her conviction as described in this Section or any continued law enforcement practice after receiving a conviction is a Class 4 felony.

(f) The Board's investigators are peace officers and have all the powers possessed by policemen in cities and by sheriff's, and these investigators may exercise those powers anywhere in the State. An investigator shall not have peace officer status or exercise police powers unless he or she successfully completes the basic police training course mandated and approved by the Board or the Board waives the training requirement by reason of the investigator's prior law enforcement experience, training, or both. 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.

(g) The Board must request and receive information and assistance from any federal, state, or local governmental agency as part of the authorized criminal background investigation. The Department of 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 before, on, or after the effective date of this amendatory Act of the 91st General Assembly against a basic academy applicant, law enforcement applicant, or law enforcement officer whose fingerprint identification cards are on file or maintained by the Department of 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 Department of 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.

(h) A police officer who has been certified, licensed, or granted a valid waiver shall also be decertified, have his or her license revoked, or have his or her waiver revoked upon a determination by the Illinois Labor Relations Board State Panel that he or she, while under oath, has knowingly and willfully made false statements as to a material fact going to an element of the offense of murder. If an appeal is filed, the determination shall be stayed.

(1) In the case of an acquittal on a charge of murder, a verified complaint may be filed:

(A) by the defendant; or

(B) by a police officer with personal knowledge of perjured testimony.

The complaint must allege that a police officer, while under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense of murder. The verified complaint must be filed with the Executive Director of the Illinois Law Enforcement Training Standards Board within 2 years of the judgment of acquittal.

(2) Within 30 days, the Executive Director of the Illinois Law Enforcement Training Standards Board shall review the verified complaint and determine whether the verified complaint is frivolous and without merit, or whether further investigation is warranted. The Illinois Law Enforcement Training Standards Board shall notify the officer and the Executive Director of the Illinois Labor Relations Board State Panel of the filing of the complaint and any action taken thereon. If the Executive Director of the Illinois Law Enforcement Training Standards Board determines that the verified complaint is frivolous and without merit, it shall be dismissed. The Executive Director of the Illinois Law Enforcement Training Standards Board has sole discretion to make this determination and this decision is not subject to appeal.

(i) If the Executive Director of the Illinois Law Enforcement Training Standards Board determines that the verified complaint warrants further investigation, he or she shall refer the matter to a task force of investigators created for this purpose. This task force shall consist of 8 sworn police officers: 2 from the Illinois State Police, 2 from the City of Chicago Police Department, 2 from county police departments, and 2 from municipal police departments. These investigators shall have a minimum of 5 years of experience in conducting criminal investigations. The investigators shall be appointed by the Executive Director of the Illinois Law Enforcement Training Standards Board. Any officer or officers acting in this capacity pursuant to this statutory provision will have statewide police authority while acting in this investigative capacity. Their salaries and expenses for the time spent conducting investigations under this paragraph shall be reimbursed by the Illinois Law Enforcement Training Standards Board.

(j) Once the Executive Director of the Illinois Law Enforcement Training Standards Board has determined that an investigation is warranted, the verified complaint shall be assigned to an investigator or investigators. The investigator or investigators shall conduct an investigation of the verified complaint and shall write a report of his or her findings. This report shall be submitted to the Executive Director of the Illinois Labor Relations Board State Panel.

Within 30 days, the Executive Director of the Illinois Labor Relations Board State Panel shall review the investigative report and determine whether sufficient evidence exists to conduct an evidentiary hearing on the verified complaint. If the Executive Director of the Illinois Labor Relations Board State Panel determines upon his or her review of the investigatory report that a hearing should not be conducted, the complaint shall be dismissed. This decision is in the Executive Director's sole discretion, and this dismissal may not be appealed.

If the Executive Director of the Illinois Labor Relations Board State Panel determines that there is sufficient evidence to warrant a hearing, a hearing shall be ordered on the verified complaint, to be conducted by an administrative law judge employed by the Illinois Labor Relations Board State Panel. The Executive Director of the Illinois Labor Relations Board State Panel shall inform the Executive Director of the Illinois Law Enforcement Training Standards Board and the person who filed the complaint of either the dismissal of the complaint or the issuance of the complaint for hearing. The Executive Director shall assign the complaint to the administrative law judge within 30 days of the decision granting a hearing.

(k) In the case of a finding of guilt on the offense of murder, if a new trial is granted on direct appeal, or a state post-conviction evidentiary hearing is ordered, based on a claim that a police officer, under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense of murder, the Illinois Labor Relations Board State Panel shall hold a hearing to determine whether the officer should be decertified or have his or her license or waiver revoked if an interested party requests such a hearing within 2 years of the court's decision. The complaint shall be assigned to an administrative law judge within 30 days so that a hearing can be scheduled.

At the hearing, the accused officer shall be afforded the opportunity to:

(1) Be represented by counsel of his or her own choosing;

(2) Be heard in his or her own defense;

(3) Produce evidence in his or her defense;

(4) Request that the Illinois Labor Relations Board State Panel compel the attendance of witnesses and production of related documents including but not limited to court documents and records.

Once a case has been set for hearing, the verified complaint shall be referred to the Department of Financial and Professional Regulation. That office shall prosecute the verified complaint at the hearing before the administrative law judge. The Department of Financial and Professional Regulation shall have the opportunity to produce evidence to support the verified complaint and to request the Illinois Labor Relations Board State Panel to compel the attendance of witnesses and the production of related documents, including, but not limited to, court documents and records. The Illinois Labor Relations Board State Panel shall have the power to issue subpoenas requiring the attendance of and testimony of witnesses and the production of related documents including, but not limited to, court documents and records and shall have the power to administer oaths.

The administrative law judge shall have the responsibility of receiving into evidence relevant testimony and documents, including court records, to support or disprove the allegations made by the person filing the verified complaint and, at the close of the case, hear arguments. If the administrative law judge finds that there is not clear and convincing evidence to support the verified complaint that the police officer has, while under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense of murder, the administrative law judge shall make a written recommendation of dismissal to the Illinois Labor Relations Board State Panel. If the administrative law judge finds that there is clear and convincing evidence that the police officer has, while under oath, knowingly and willfully made false statements as to a material fact that goes to an element of the offense of murder, the administrative law judge shall make a written recommendation so concluding to the Illinois Labor Relations Board State Panel. The hearings shall be transcribed. The Executive Director of the Illinois Law Enforcement Training Standards Board shall be informed of the administrative law judge's recommended findings and decision and the Illinois Labor Relations Board State Panel's subsequent review of the recommendation.

(l) An officer named in any complaint filed pursuant to this Act shall be indemnified for his or her reasonable attorney's fees and costs by his or her employer. These fees shall be paid in a regular and timely manner. The State, upon application by the public employer, shall reimburse the public employer for the accused officer's reasonable attorney's fees and costs. At no time and under no circumstances will the accused officer be required to pay his or her own reasonable attorney's fees or costs.

(m) The accused officer shall not be placed on unpaid status because of the filing or processing of the verified complaint until there is a final non-appealable order sustaining his or her guilt and his or her license or certification is revoked. Nothing in this Act, however, restricts the public employer from pursuing discipline against the officer in the normal course and under procedures then in place.

(n) The Illinois Labor Relations Board State Panel shall review the administrative law judge's recommended decision and order and determine by a majority vote whether or not there was clear and convincing evidence that the accused officer, while under oath, knowingly and willfully made false statements as to a material fact going to the offense of murder. Within 30 days of service of the administrative law judge's recommended decision and order, the parties may file exceptions to the recommended decision and order and briefs in support of their exceptions with the Illinois Labor Relations Board State Panel. The parties may file responses to the exceptions and briefs in support of the responses no later than 15 days after the service of the exceptions. If exceptions are filed by any of the parties, the Illinois Labor Relations Board State Panel shall review the matter and make a finding to uphold, vacate, or modify the recommended decision and order. If the Illinois Labor Relations Board State Panel concludes that there is clear and convincing evidence that the accused officer, while under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense murder, the Illinois Labor Relations Board State Panel shall inform the Illinois Law Enforcement Training Standards Board and the Illinois Law Enforcement Training Standards Board shall revoke the accused officer's, license, or waiver certification. If the accused officer appeals that determination to the Appellate Court, as provided by this Act, he or she may petition the Appellate Court to stay the revocation of his or her certification, license, or waiver pending the court's review of the matter.

(o) None of the Illinois Labor Relations Board State Panel's findings or determinations shall set any precedent in any of its decisions decided pursuant to the Illinois Public Labor Relations Act by the Illinois Labor Relations Board State Panel or the courts.

(p) A party aggrieved by the final order of the Illinois Labor Relations Board State Panel may apply for and obtain judicial review of an order of the Illinois Labor Relations Board State Panel, in accordance with the provisions of the Administrative Review Law, except that such judicial review shall be afforded directly in the Appellate Court for the district in which the accused officer resides. Any direct appeal to the Appellate Court shall be filed within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.

(q) Interested parties. Only interested parties to the criminal prosecution in which the police officer allegedly, while under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense of murder may file a verified complaint pursuant to this Section. For purposes of this Section, "interested parties" shall be limited to the defendant and any police officer who has personal knowledge that the police officer who is the subject of the complaint has, while under oath, knowingly and willfully made false statements as to a material fact going to an element of the offense of murder.

(r) Semi-annual reports. The Executive Director of the Illinois Labor Relations Board shall submit semi-annual reports to the Governor, President, and Minority Leader of the Senate, and to the Speaker and Minority Leader of the House of Representatives beginning on June 30, 2004, indicating:

(1) the number of verified complaints received since the date of the last report;

(2) the number of investigations initiated since the date of the last report;

(3) the number of investigations concluded since the date of the last report;

(4) the number of investigations pending as of the reporting date;

(5) the number of hearings held since the date of the last report; and

(6) the number of officers decertified or whose licenses have been revoked since the date of the last report.

(Source: P.A. 101-187, eff. 1-1-20.)

(50 ILCS 705/6.3 new)

Sec. 6.3. Conversion of certificates to licenses.

(a) Beginning one year after the effective date of this amendatory Act of the 101st General Assembly, the Board's recognition of persons who have successfully completed the prescribed minimum standard basic training course for police officers shall be known as licensure rather than certification.

(b) If a person has successfully completed the prescribed minimum standard basic training course for police officers and holds a valid certification to that effect one year after the effective date of this amendatory Act of the 101st General Assembly, that certification shall be deemed to be a license for the purposes of this Act.

(c) If, one year after the effective date of this amendatory Act of the 101st General Assembly, a person holds a valid waiver from one of the certification requirements of this Act for police officers, that waiver shall be deemed a waiver from the corresponding licensure requirement of this Act.

(d) The Board shall replace the certificates or other evidences of certification or waiver for police officers in use one year after the effective date of this amendatory Act of the 101st General Assembly with new credentials reflecting the change in nomenclature instituted by this amendatory Act of the 101st General Assembly.

(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 6 months of his or her initial full-time employment, a license or 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 license or 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 licensure or 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 licensure or 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.)

(50 ILCS 705/8.2)

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 license or 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 license or 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 license or certificate within 18 months after the date of hire. A person hired before January 1, 1996 must obtain this license or 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.)

Section 30. The Counties Code is amended by adding Section 3-6041 as follows:

(55 ILCS 5/3-6041 new)

Sec. 3-6041. County community accountability board.

(a) A community accountability board shall be established by ordinance of the county board no later than 90 days after the effective date of this amendatory Act of the 101st General Assembly and the community accountability board shall be comprised of at least 3 residents of the county elected at a special election as provided in the Election Code as soon as possible after the adoption of the ordinance. The ordinance may require each member to be elected at-large or from different areas of the county. Members elected at the special election shall serve until their successor is elected and qualified at the 2023 consolidated election. Members elected at the 2023 consolidated election and thereafter shall serve 2-year terms. If a vacancy occurs, the county board shall appoint a replacement to serve the remainder of the member's term.

Instead of an individual county community accountability board, counties of under 10,000 residents may, by intergovernmental agreement no later than 90 days after the effective date of this amendatory Act of the 101st General Assembly, create a joint county community accountability board with at least one resident member elected from each county in the agreement. If a vacancy occurs, the county board from the county in which the member was elected shall appoint a replacement to serve the remainder of the member's term.

A joint county community accountability board may be created to replace individual county community accountability boards of counties of under 10,000 residents or intergovernmental agreements may be dissolved to create individual county community accountability boards more than 90 days after the effective date of this amendatory Act of the 101st General Assembly.

A person who is a current or former member of a sheriff's department, or is a parent, spouse, sibling, or child of a person who is a current or former member of a sheriff's department, is not eligible to serve as a member of the board.

(b) The ordinance or intergovernmental agreement shall outline the powers and duties of each community accountability board as the civilian accountability entity to the sheriff's department. The duties may include, but are not limited to:

(1) Conducting its own investigations, including having its own investigative force as funding permits, into sheriff department misconduct and render its own decisions on disciplining and firing deputies.

(2) Appointing sheriff's office merit commission members.

(3) Working on community law enforcement initiatives.

(4) Developing restorative justice programs.

(c) Each community accountability board shall hold meetings at least every other month to discuss its business and to provide a forum for residents to address concerns about policing in the municipality.

(d) The county shall provide administrative and other support to the community accountability board. For joint community accountability boards, the intergovernmental agreement shall state which county or counties shall provide administrative and other support to the community accountability board.

(e) The provisions of this Section are notwithstanding any other provision of law.

(f) Except for counties with a community accountability board on the effective date of this amendatory Act of the 101st General Assembly, a home rule county may not regulate community accountability boards in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 35. The Illinois Municipal Code is amended by adding Sections 3.1-20-7, 3.1-20-8, 3.1-20-9, 11-1-2.2, and 11-1-15 as follows:

(65 ILCS 5/3.1-20-7 new)

Sec. 3.1-20-7. Election of Superintendent of Police. Notwithstanding any other provision of law, in a municipality with a population of 1,000,000 or more the chief of police, who shall be known as the Superintendent of Police, shall be elected as follows:

(1) The Superintendent of Police shall be elected at the 2021 consolidated election for a one-year term and, beginning with the 2022 general election, for a four-year term. If a vacancy occurs in the office of the Superintendent of Police, it shall be filled by the mayor with the advice and consent of the city council. The person so appointed shall hold office for the unexpired term of the Superintendent of Police elected.

(2) Every Superintendent of Police shall be commissioned by the Governor; but no commission shall issue except upon the certificate of the county clerk of the proper county, of the due election or appointment of such Superintendent of Police, and that he or she has filed his or her bond and taken the oath of office, as hereinafter provided.

(3) On or after the effective date of this amendatory Act of the 101st General Assembly, except as otherwise provided in this Section, a person is not eligible to be elected or appointed to the office of Superintendent of Police, unless that person meets all of the following requirements:

(A) is a United States citizen; and

(B) has been a resident of the municipality for at least one year.

(4) The Superintendent of Police shall enter upon the duties of his or her office on the first day in the month of December following his or her election on which the office of the Superintendent of Police is required, by statute or by action of the corporate authorities of the municipality, to be open.

(5) Before entering upon the duties of his or her office, he or she shall give bond, with 2 or more sufficient sureties (or, if the municipality is self-insured, the municipality through its self-insurance program may provide bonding), to be approved by the circuit court for his or her county, in the penal sum of $100,000, payable to the people of the State of Illinois, conditioned that he or she will faithfully discharge all the duties required, or to be required of him or her by law, as such Superintendent of Police; which bond shall be filed in the circuit court, and a copy thereof also filed in the office of the county clerk of his or her county. Copies of such bonds, certified by the county clerk, or of the record thereof, certified by the clerk of the circuit court, shall be received as evidence.

(6) He or she shall also, before entering upon the duties of his or her office, take and subscribe the oath or affirmation prescribed by Section 3 of Article XIII of the Constitution, which shall be filed in the office of the county clerk of his or her county.

(7) If any person elected or appointed to the office of Superintendent of Police shall fail to give bond or take the oath required of him or her within 30 days after he or she is appointed or declared elected, the office shall be deemed vacant.

(8) Each Superintendent of Police shall obtain at least 20 hours of training, approved by the Illinois Law Enforcement Training Standards Board, relating to law enforcement and the operation of a Superintendent of Police's office each year. Reasonable expenses incurred by the Superintendent of Police in obtaining such training shall be reimbursed by the municipality upon presentation by the Superintendent of Police to the city council of a certificate of completion from the person or entity conducting such training.

(9) No municipality with a population of 1,000,000 or more may employ, contract with, appoint, or elect a Superintendent of Police in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

(10) A Superintendent of Police elected or appointed under this Section shall exercise all powers provided by law for the chief of police for the municipality for which he or she is elected or appointed.

This Section is repealed on January 1, 2031. On the date of repeal, the Superintendent of Police then serving shall complete his or her term and shall be replaced by appointment of the city council.

(65 ILCS 5/3.1-20-8 new)

Sec. 3.1-20-8. Recall of Superintendent of Police.

(a) The recall of the Superintendent of Police in a municipality with a population of 1,000,000 or more may be proposed by a petition signed by a number of electors equal in number to at least 15% of the total votes cast for Superintendent of Police in the last election that the Superintendent of Police was elected, with at least 50 signatures from each ward. A petition shall have been signed by the petitioning electors not more than 150 days after an affidavit has been filed with the board of election commissioners providing notice of intent to circulate a petition to recall the Superintendent of Police. The affidavit may be filed no sooner than 6 months after the beginning of the Superintendent of Police's term of office or appointment. The affidavit shall have been signed by the proponent of the recall petition and at least 2 aldermen.

(b) The form of the petition, circulation, and procedure for determining the validity and sufficiency of a petition shall be as provided by law. If the petition is valid and sufficient, the board of election commissioners shall certify the petition not more than 100 days after the date the petition was filed, and the question "Shall (name) be recalled from the office of Superintendent of Police?" must be submitted to the electors at a special recall election called by the board of election commissioners, to occur not more than 100 days after certification of the petition. A recall petition certified by the board of election commissioners may not be withdrawn and another recall petition may not be initiated against the Superintendent of Police during the remainder of the current term of office or appointment. Any recall petition or recall election pending on the date of the next election at which a candidate for Superintendent of Police is elected is void.

(c) If a petition to recall the Superintendent of Police has been filed with the board of election commissioners and the Superintendent of Police is an elected position, a person eligible to serve as Superintendent of Police may propose his or her candidacy for the special successor primary election by a petition signed by at least 12,500 legal voters of the city, signed not more than 50 days after a recall petition has been filed with the board of election commissioners. All such petitions, and procedure with respect thereto, shall conform in other respects to the provisions of the election and ballot laws then in force in the municipality concerning the nomination of independent candidates for public office by petition. If the successor election petition is valid and sufficient, the board of election commissioners shall certify the petition not more than 100 days after the date the petition to recall the Superintendent of Police was filed.

If the Superintendent of Police is removed by the special recall election and the Superintendent of Police is an elected position, the names of candidates for Superintendent of Police must be submitted to the electors at a special successor primary election called by the board of election commissioners to be held 60 days after the special recall election. If no candidate receives a majority of the votes in the special successor primary election, a special runoff election shall be held no later than 60 days after the special successor primary election, and only the names of the candidates receiving the highest and second highest number of votes at the special successor primary election shall appear on the ballot. If more than one candidate received the highest or second highest number of votes at the special successor primary election, the names of all candidates receiving the highest and second highest number of votes shall appear on the ballot at the special runoff election. The candidate receiving the highest number of votes at the special runoff election shall be declared elected.

If the Superintendent of Police is removed by the special recall election and the Superintendent of Police is appointed, other than as provided in Section 3.1-20-9, then the city council shall appoint a new Superintendent of Police.

(d) The Superintendent of Police is immediately removed upon certification of the special recall election results if a majority of the electors voting on the question vote to recall the Superintendent of Police. If the Superintendent of Police is removed, then the First Deputy Superintendent shall serve as Interim Superintendent of Police until: (i) the Superintendent of Police elected at the special successor primary election or special runoff election is qualified and the candidate who receives a majority of votes in the special primary election or the candidate who receives the highest number of votes in the special runoff election is elected Superintendent of Police for the balance of the term; or (ii) the Superintendent of Police is appointed by the city council as provided in subsection (c).

(e) This Section may not be used to recall a Superintendent of Police serving a one-year term elected at the 2021 consolidated election.

(65 ILCS 5/3.1-20-9 new)

Sec. 3.1-20-9. Impeachment of Superintendent of Police. The city council in a municipality with a population of 1,000,000 or more may, by 2/3 of the members then serving on the city council, impeach the elected Superintendent of Police for cause by vote of 2/3 of the aldermen then serving. Upon impeachment, the Superintendent of Police is immediately removed and the First Deputy Superintendent shall serve as Interim Superintendent of Police until the mayor appoints a Superintendent of Police to serve the remainder of the impeached Superintendent of Police's term.

This Section is repealed on January 1, 2031.

(65 ILCS 5/11-1-2.2 new)

Sec. 11-1-2.2. Police officer bonds.

(a) As used in this Section, "police officer" means any police officer employed by a municipality, other than the Superintendent of Police, including, but not limited to, the following ranks: deputy Superintendents, chiefs, commanders, directors, coordinators, captains, lieutenants, sergeants, and police officers

(b) No later than 30 days after the initial election of a Superintendent of Police under Section 3.1-20-7, or before entering upon the duties of his or her office if employed after the initial election of the Superintendent of Police, each police officer employed by a municipality with a population of 1,000,000 or more shall give bond, with 2 or more sufficient sureties (or, if the municipality is self-insured, the municipality through its self-insurance program may provide bonding), to be approved by the circuit court for his or her county, in the penal sum of $100,000, payable to the people of the State of Illinois, conditioned that he or she will faithfully discharge all the duties required, or to be required of him or her by law, as a police officer; which bond shall be filed in the circuit court, and a copy thereof also filed in the office of the county clerk of his or her county. Copies of such bonds, certified by the county clerk, or of the record thereof, certified by the clerk of the circuit court, shall be received as evidence.

(c) A municipality with a population of 1,000,000 or more may not have bond requirements inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power and functions exercised by the State.

(d) This Section is not affected by the repeal of Section 3.1-20-7.

(65 ILCS 5/11-1-15 new)

Sec. 11-1-15. Municipal community accountability board.

(a) In municipalities with a police department, a community accountability board shall be established by ordinance by the city council no later than 90 days after the effective date of this amendatory Act of the 101st General Assembly and the board shall be comprised of at least 3 residents of the municipality elected at a special election as provided in the Election Code as soon as possible after the adoption of the ordinance. The ordinance may require each member to be elected at-large or from different districts, wards, or areas of the municipality. Members elected at the special election shall serve until their successor is elected and qualified at the 2023 consolidated election. Members elected at the 2023 consolidated election and thereafter shall serve 2-year terms. If a vacancy occurs, the corporate authorities of the municipality shall appoint a replacement to serve the remainder of the member's term.

Instead of an individual municipal community accountability board, municipalities of under 10,000 residents may, by intergovernmental agreement no later than 90-days after the effective date of this amendatory Act of the 101st General Assembly, create a joint municipal community accountability board with at least one resident member elected from each municipality in the agreement. If a vacancy occurs, the corporate authorities of the municipality from which the member was elected shall appoint a replacement to serve the remainder of the member's term.

A joint municipal community accountability board may be created to replace individual municipal community accountability boards of municipalities of under 10,000 residents or intergovernmental agreements may be dissolved to create individual municipal community accountability boards more than 90 days after the effective date of this amendatory Act of the 101st General Assembly.

A person who is a current or former member of a police department, or is a parent, spouse, sibling, or child of a current or former member of a police department, is not eligible to serve as a member of the board.

(b) The ordinance or intergovernmental agreement shall outline the powers and duties of each board as the civilian accountability entity to the police department. The duties may include, but are not limited to:

(1) Conducting its own investigations, including having its own investigative force as funding permits, into police misconduct and render its own decisions on disciplining and firing officers.

(2) Appointing police board members.

(3) Working on community policing initiatives.

(4) Developing restorative justice programs.

(c) Each board shall hold meetings at least every other month to discuss its business and to provide a forum for residents to address concerns about policing in the municipality.

(d) The municipality shall provide administrative and other support to the board. For joint community accountability boards, the intergovernmental agreement shall state which municipality or municipalities shall provide administrative and other support to the board.

(e) The provisions of this Section are notwithstanding any other provision of law.

(f) Except for municipalities with a community accountability board on the effective date of this amendatory Act of the 101st General Assembly, a home rule municipality may not regulate community accountability boards in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.45 as follows:

(30 ILCS 805/8.45 new)

Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by Section 3-6041 of Section 30 and Section 11-1-15 of Section 35 of this amendatory Act of the 101st General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law, except that Sections 5 and 15 and Sections 2, 6, 6.1, 8.1, and 8.2 of Section 25 take effect one year after this Act becomes law.