SB2148 101ST GENERAL ASSEMBLY

LRB101 11213 SLF 56470 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2148

Introduced 2/15/2019, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Police Training Act. Provides that the Law Enforcement Training Assistance Fund is created as a nonappropriated State trust fund within the State treasury. Provides that all gifts, donations, and charitable contributions that are contributed by any public or private individual or entity to the Illinois Law Enforcement Training Standards Board for the purpose of supporting local law enforcement training shall be deposited into this Fund. Amends the Law Enforcement Intern Training Act. Creates the Correctional Officer Intern Program. To be eligible to participate, the person must meet the minimum criteria established by the Illinois Law Enforcement Training Standards Board that includes, but is not limited to, physical fitness standards, educational standards, psychological standards, being at least 21 years of age, of good character, and not convicted of a felony offense or other crime involving moral turpitude under the laws of this State or any other State that, if convicted in this State, would be punishable as a felony or a crime of moral turpitude. Provides that the Board shall require correctional interns to undertake, at a minimum, the same training requirements as established for correctional officers. Provides that the Board certificate reserved for correctional officers shall not be awarded until the correctional intern is employed, has successfully completed the State certification exam, and meets the requirements. Makes other conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The State Finance Act is amended by adding Section 5.891 as follows:

(30 ILCS 105/5.891 new)

Sec. 5.891. The Law Enforcement Training Assistance Fund.

Section 10. The Illinois Police Training Act is amended by adding Section 10.23 as follows:

(50 ILCS 705/10.23 new)

Sec. 10.23. Law Enforcement Training Assistance Fund. The Law Enforcement Training Assistance Fund is created as a nonappropriated State trust fund within the State treasury. All gifts, donations, and charitable contributions that are contributed by any public or private individual or entity to the Board for the purpose of supporting local law enforcement training shall be deposited into this Fund. All money in the Fund shall not be subject to appropriation and shall be used by the Board for the purpose of supporting local law enforcement training. Investment income that is attributable to the investment of moneys in the Law Enforcement Training Assistance Fund shall be retained in the Fund for the uses specified in this Section. The Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from Fund into any other fund of the State.

Section 15. The Law Enforcement Intern Training Act is amended by changing Sections 5, 10, 15, 20, and 25 and by adding Sections 22 and 23 as follows:

(50 ILCS 708/5)

Sec. 5. Definitions. As used in this Act:

"Academy" means a school certified by the Illinois Law Enforcement Training Standards Board to provide basic training under Section 6 of the Illinois Police Training Act.

"Board" means the Illinois Law Enforcement Training Standards Board created by the Illinois Police Training Act.

"Correctional Intern" means a civilian who has met the requirements to enter the Correctional Intern Training Program and who is not employed as a correctional officer under the Illinois Police Training Act.

"Graduate Correctional Intern" means a civilian who has successfully completed the correctional intern training course and is not employed as a correctional officer under the Illinois Police Training Act.

"Law Enforcement Intern" means a civilian who has met the requirements to enter the Law Enforcement Intern Training Program and who is not employed as a law enforcement officer under the Illinois Police Training Act.

"Graduate Law Enforcement Intern" means a civilian who has successfully completed the law enforcement intern training course and is not employed as a law enforcement officer under the Illinois Police Training Act.

"Trainee" means a law enforcement intern who is enrolled in the Law Enforcement Intern Training Program.

(Source: P.A. 90-259, eff. 7-30-97; 91-357, eff. 7-29-99.)

(50 ILCS 708/10)

Sec. 10. Initiation, administration, and conduct of program by Board. The Board may initiate, administer, and conduct the Law Enforcement Intern Training Program and the Correctional Officer Intern Program. The training for law enforcement interns shall be provided at any certified academy selected by the Board. The Board shall have the authority to establish enrollment limitations.

(Source: P.A. 90-259, eff. 7-30-97.)

(50 ILCS 708/15)

Sec. 15. Election to participate in the Law Enforcement Intern Training Program program. Any person may elect to apply to participate in the Law Enforcement Intern Training Program. To be eligible to participate, the person must meet the minimum criteria established by the Board that includes, but is not limited to, physical fitness standards, educational standards, psychological standards, 21 years of age, of good character, and not convicted of a felony offense or other crime involving moral turpitude under the laws of this State or any other State that, if convicted in this State, would be punishable as a felony or a crime of moral turpitude. Applicants shall be accepted for the program on a person by person basis and shall not take the place of or prevent a law enforcement officer from entering an academy class to meet the basic training requirements set forth in the Illinois Police Training Act. When reviewing applications, special consideration shall be given to persons who have been members of the Armed Forces of the United States in accordance with the Veterans Preference Act. The Board's investigators shall enforce the provisions of this Act to ensure compliance with the Act, including, but not limited to, administrating a criminal justice background check that includes State and federal criminal histories, conducting interviews, obtaining, by subpoena if necessary, investigative records, police records, personnel records, or other records that may be needed.

Nothing in this Act shall override or replace, preempt, or supersede, any hiring or selection standard, process, procedure, requirement, or mechanism established by any local governmental unit, or State statute or regulation that is in effect or amended hereafter.

(Source: P.A. 90-259, eff. 7-30-97.)

(50 ILCS 708/20)

Sec. 20. Law enforcement certification Certification; transition course. The Board shall require law enforcement interns to undertake, at a minimum, the same training requirements as established for law enforcement officers under the Illinois Police Training Act. The Board certificate reserved for law enforcement officers shall not be awarded until the law enforcement intern is employed, has successfully completed the State certification exam, and meets the requirements established by the Board. The Law Enforcement Intern Certificate shall be issued to the trainee following the successful completion of the course. The graduate law enforcement intern, if not employed as a law enforcement officer within 2 years after issuance of the law enforcement intern certificate, must then meet the requirements of the Illinois Police Training Act upon employment. A graduate law enforcement intern who is not employed within one year, but is hired within 2 years after completing the course, must successfully complete a transition course approved by the Illinois Law Enforcement Training Standards Board and again successfully complete the law enforcement State certification exam in order to obtain the Board's certificate reserved for law enforcement officers. The transition course shall consist of a minimum of 80 hours and shall be conducted at a Board certified academy.

(Source: P.A. 90-259, eff. 7-30-97; 91-357, eff. 7-29-99.)

(50 ILCS 708/22 new)

Sec. 22. Election to participate in the Correctional Officer Intern Program. Any person may elect to apply to participate in the Correctional Officer Intern Training Program. To be eligible to participate, the person must meet the minimum criteria established by the Board that includes, but is not limited to, physical fitness standards, educational standards, psychological standards, being at least 21 years of age, of good character, and not convicted of a felony offense or other crime involving moral turpitude under the laws of this State or any other State that, if convicted in this State, would be punishable as a felony or a crime of moral turpitude. Applicants shall be accepted for the program on a person by person basis and shall not take the place of or prevent a correctional officer from entering an academy class to meet the basic training requirements set forth in the Illinois Police Training Act. When reviewing applications, special consideration shall be given to persons who have been members of the Armed Forces of the United States in accordance with the Veterans Preference Act. The Board's investigators shall enforce this Act to ensure compliance with the Act, including, but not limited to, administrating a criminal justice background check that includes State and federal criminal histories, conducting interviews, obtaining, by subpoena if necessary, investigative records, police records, personnel records, or other records that may be needed. Nothing in this Act shall override or replace, preempt, or supersede any hiring or selection standard, process, procedure, requirement, or mechanism established by any local governmental unit, or State statute or regulation.

(50 ILCS 708/23 new)

Sec. 23. Correctional certification. The Board shall require correctional interns to undertake, at a minimum, the same training requirements as established for correctional officers under the Illinois Police Training Act. The Board certificate reserved for correctional officers shall not be awarded until the correctional intern is employed, has successfully completed the State certification exam, and meets the requirements established by the Board. The Correctional Intern Certificate shall be issued to the trainee following the successful completion of the course. The graduate correctional intern, if not employed as a correctional officer within 2 years after issuance of the correctional intern certificate, must then meet the requirements of the Illinois Police Training Act upon employment.

(50 ILCS 708/25)

Sec. 25. Police Training Board Services Fund. The Board shall charge, collect, or receive fees, tuition, or moneys from persons electing to enter the Law Enforcement Intern Training Program or the Correctional Officer Intern Program equivalent to the costs of providing personnel, equipment, services, and training to law enforcement interns that, in the judgement of the Board, are in the best interest of the State.

All fees or moneys received by the Board under this Act shall be deposited in a special fund in the State Treasury to be known as the Police Training Board Services Fund. The moneys deposited in the Police Training Board Services Fund shall be appropriated to the Board for expenses of the Board for the administration and conduct of training.

(Source: P.A. 90-259, eff. 7-30-90.)

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