093_HB0576sam001
LRB093 05579 RLC 19748 a
1 AMENDMENT TO HOUSE BILL 576
2 AMENDMENT NO. . Amend House Bill 576 by replacing
3 the title with the following:
4 "AN ACT in relation to police officers."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. If and only if Senate Bill 472 of the 93rd
8 General Assembly becomes law by the override of the
9 Governor's amendatory veto, the Illinois Police Training Act
10 is amended by changing Section 6.1 as follows:
11 (50 ILCS 705/6.1)
12 Sec. 6.1. Decertification of full-time and part-time
13 police officers.
14 (a) The Board must review police officer conduct and
15 records to ensure that no police officer is certified or
16 provided a valid waiver if that police officer has been
17 convicted of a felony offense under the laws of this State or
18 any other state which if committed in this State would be
19 punishable as a felony. The Board must also ensure that no
20 police officer is certified or provided a valid waiver if
21 that police officer has been convicted on or after the
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1 effective date of this amendatory Act of 1999 of any
2 misdemeanor specified in this Section or if committed in any
3 other state would be an offense similar to Section 11-6,
4 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
5 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
6 Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
7 Act. The Board must appoint investigators to enforce the
8 duties conferred upon the Board by this Act.
9 (b) It is the responsibility of the sheriff or the chief
10 executive officer of every local law enforcement agency or
11 department within this State to report to the Board any
12 arrest or conviction of any officer for an offense identified
13 in this Section.
14 (c) It is the duty and responsibility of every full-time
15 and part-time police officer in this State to report to the
16 Board within 30 days, and the officer's sheriff or chief
17 executive officer, of his or her arrest or conviction for an
18 offense identified in this Section. Any full-time or
19 part-time police officer who knowingly makes, submits, causes
20 to be submitted, or files a false or untruthful report to the
21 Board must have his or her certificate or waiver immediately
22 decertified or revoked.
23 (d) Any person, or a local or State agency, or the Board
24 is immune from liability for submitting, disclosing, or
25 releasing information of arrests or convictions in this
26 Section as long as the information is submitted, disclosed,
27 or released in good faith and without malice. The Board has
28 qualified immunity for the release of the information.
29 (e) Any full-time or part-time police officer with a
30 certificate or waiver issued by the Board who is convicted of
31 any offense described in this Section immediately becomes
32 decertified or no longer has a valid waiver. The
33 decertification and invalidity of waivers occurs as a matter
34 of law. Failure of a convicted person to report to the Board
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1 his or her conviction as described in this Section or any
2 continued law enforcement practice after receiving a
3 conviction is a Class 4 felony.
4 (f) The Board's investigators are peace officers and
5 have all the powers possessed by policemen in cities and by
6 sheriff's, provided that the investigators may exercise those
7 powers anywhere in the State, only after contact and
8 cooperation with the appropriate local law enforcement
9 authorities.
10 (g) The Board must request and receive information and
11 assistance from any federal, state, or local governmental
12 agency as part of the authorized criminal background
13 investigation. The Department of State Police must process,
14 retain, and additionally provide and disseminate information
15 to the Board concerning criminal charges, arrests,
16 convictions, and their disposition, that have been filed
17 before, on, or after the effective date of this amendatory
18 Act of the 91st General Assembly against a basic academy
19 applicant, law enforcement applicant, or law enforcement
20 officer whose fingerprint identification cards are on file or
21 maintained by the Department of State Police. The Federal
22 Bureau of Investigation must provide the Board any criminal
23 history record information contained in its files pertaining
24 to law enforcement officers or any applicant to a Board
25 certified basic law enforcement academy as described in this
26 Act based on fingerprint identification. The Board must make
27 payment of fees to the Department of State Police for each
28 fingerprint card submission in conformance with the
29 requirements of paragraph 22 of Section 55a of the Civil
30 Administrative Code of Illinois.
31 (h) A police officer who has been certified or granted a
32 valid waiver may also be decertified or have his or her
33 waiver revoked upon a determination by the Illinois Labor
34 Relations Board State Panel that he or she, while under oath,
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1 has knowingly and willfully made false statements as to a
2 material fact going to an element of the offense of murder.
3 If an appeal is filed, the determination shall be stayed.
4 (1) In the case of an acquittal on a charge of
5 murder, a verified complaint may be filed:
6 (A) by the defendant; or
7 (B) by a police officer with personal
8 knowledge of perjured testimony.
9 The complaint must allege that a police officer, while under
10 oath, knowingly and willfully made false statements as to a
11 material fact going to an element of the offense of murder.
12 The verified complaint must be filed with the Executive
13 Director of the Illinois Law Enforcement Training Standards
14 Board within 2 years of the judgment of acquittal.
15 (2) Within 30 days, the Executive Director of the
16 Illinois Law Enforcement Training Standards Board shall
17 review the verified complaint and determine whether the
18 verified complaint is frivolous and without merit, or
19 whether further investigation is warranted. The Illinois
20 Law Enforcement Training Standards Board shall notify the
21 officer and the Executive Director of the Illinois Labor
22 Relations Board State Panel of the filing of the
23 complaint and any action taken thereon. If the Executive
24 Director of the Illinois Law Enforcement Training
25 Standards Board determines that the verified complaint is
26 frivolous and without merit, it shall be dismissed. The
27 Executive Director of the Illinois Law Enforcement
28 Training Standards Board has sole discretion to make this
29 determination and this decision is not subject to appeal.
30 (i) If the Executive Director of the Illinois Law
31 Enforcement Training Standards Board determines that the
32 verified complaint warrants further investigation, he or she
33 shall refer the matter to a task force of investigators
34 created for this purpose. This task force shall consist of 8
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1 sworn police officers: 2 from the Illinois State Police, 2
2 from the City of Chicago Police Department, 2 from county
3 police departments, and 2 from municipal police departments.
4 These investigators shall have a minimum of 5 years of
5 experience in conducting criminal investigations. The
6 investigators shall be appointed by the Executive Director of
7 the Illinois Law Enforcement Training Standards Board. Any
8 officer or officers acting in this capacity pursuant to this
9 statutory provision will have statewide police authority
10 while acting in this investigative capacity. Their salaries
11 and expenses for the time spent conducting investigations
12 under this paragraph shall be reimbursed by the Illinois Law
13 Enforcement Training Standards Board.
14 (j) Once the Executive Director of the Illinois Law
15 Enforcement Training Standards Board has determined that an
16 investigation is warranted, the verified complaint shall be
17 assigned to an investigator or investigators. The
18 investigator or investigators shall conduct an investigation
19 of the verified complaint and shall write a report of his or
20 her findings. This report shall be submitted to the Executive
21 Director of the Illinois Labor Relations Board State Panel.
22 Within 30 days, the Executive Director of the Illinois
23 Labor Relations Board State Panel shall review the
24 investigative report and determine whether sufficient
25 evidence exists to conduct an evidentiary hearing on the
26 verified complaint. If the Executive Director of the Illinois
27 Labor Relations Board State Panel determines upon his or her
28 review of the investigatory report that a hearing should not
29 be conducted, the complaint shall be dismissed. This decision
30 is in the Executive Director's sole discretion, and this
31 dismissal may not be appealed.
32 If the Executive Director of the Illinois Labor Relations
33 Board State Panel determines that there is sufficient
34 evidence to warrant a hearing, a hearing shall be ordered on
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1 the verified complaint, to be conducted by an administrative
2 law judge employed by the Illinois Labor Relations Board
3 State Panel. The Executive Director of the Illinois Labor
4 Relations Board State Panel shall inform the Executive
5 Director of the Illinois Law Enforcement Training Standards
6 Board and the person who filed the complaint of either the
7 dismissal of the complaint or the issuance of the complaint
8 for hearing. The Executive Director shall assign the
9 complaint to the administrative law judge within 30 days of
10 the decision granting a hearing.
11 (k) In the case of a finding of guilt on the offense of
12 murder, if a new trial is granted on direct appeal, or a
13 state post-conviction evidentiary hearing is ordered, based
14 on a claim that a police officer, under oath, knowingly and
15 willfully made false statements as to a material fact going
16 to an element of the offense of murder, the Illinois Labor
17 Relations Board State Panel shall hold a hearing to determine
18 whether the officer should be decertified if an interested
19 party requests such a hearing within 2 years of the court's
20 decision. The complaint shall be assigned to an
21 administrative law judge within 30 days so that a hearing can
22 be scheduled.
23 At the hearing, the accused officer shall be afforded the
24 opportunity to:
25 (1) Be represented by counsel of his or her own
26 choosing;
27 (2) Be heard in his or her own defense;
28 (3) Produce evidence in his or her defense;
29 (4) Request that the Illinois Labor Relations Board
30 State Panel compel the attendance of witnesses and
31 production of related documents including but not limited
32 to court documents and records.
33 Once a case has been set for hearing, the verified
34 complaint shall be referred to the Department of Professional
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1 Regulation. That office shall prosecute the verified
2 complaint at the hearing before the administrative law judge.
3 The Department of Professional Regulation shall have the
4 opportunity to produce evidence to support the verified
5 complaint and to request the Illinois Labor Relations Board
6 State Panel to compel the attendance of witnesses and the
7 production of related documents, including, but not limited
8 to, court documents and records. The Illinois Labor Relations
9 Board State Panel shall have the power to issue subpoenas
10 requiring the attendance of and testimony of witnesses and
11 the production of related documents including, but not
12 limited to, court documents and records and shall have the
13 power to administer oaths.
14 The administrative law judge shall have the
15 responsibility of receiving into evidence relevant testimony
16 and documents, including court records, to support or
17 disprove the allegations made by the person filing the
18 verified complaint and, at the close of the case, hear
19 arguments. If the administrative law judge finds that there
20 is not clear and convincing evidence to support the verified
21 complaint that the police officer has, while under oath,
22 knowingly and willfully made false statements as to a
23 material fact going to an element of the offense of murder,
24 the administrative law judge shall make a written
25 recommendation of dismissal to the Illinois Labor Relations
26 Board State Panel. If the administrative law judge finds that
27 there is clear and convincing evidence that the police
28 officer has, while under oath, knowingly and willfully made
29 false statements as to a material fact that goes to an
30 element of the offense of murder, the administrative law
31 judge shall make a written recommendation so concluding to
32 the Illinois Labor Relations Board State Panel. The hearings
33 shall be transcribed. The Executive Director of the Illinois
34 Law Enforcement Training Standards Board shall be informed of
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1 the administrative law judge's recommended findings and
2 decision and the Illinois Labor Relations Board State Panel's
3 subsequent review of the recommendation.
4 (l) An officer named in any complaint filed pursuant to
5 this Act shall be indemnified for his or her reasonable
6 attorney's fees and costs by his or her employer. These fees
7 shall be paid in a regular and timely manner. The State, upon
8 application by the public employer, shall reimburse the
9 public employer for the accused officer's reasonable
10 attorney's fees and costs. At no time and under no
11 circumstances will the accused officer be required to pay his
12 or her own reasonable attorney's fees or costs.
13 (m) The accused officer shall not be placed on unpaid
14 status because of the filing or processing of the verified
15 complaint until there is a final non-appealable order
16 sustaining his or her guilt and his or her certification is
17 revoked. Nothing in this Act, however, restricts the public
18 employer from pursuing discipline against the officer in the
19 normal course and under procedures then in place.
20 (n) The Illinois Labor Relations Board State Panel shall
21 review the administrative law judge's recommended decision
22 and order and determine by a majority vote whether or not
23 there was clear and convincing evidence that the accused
24 officer, while under oath, knowingly and willfully made false
25 statements as to a material fact going to the offense of
26 murder. Within 30 days of service of the administrative law
27 judge's recommended decision and order, the parties may file
28 exceptions to the recommended decision and order and briefs
29 in support of their exceptions with the Illinois Labor
30 Relations Board State Panel. The parties may file responses
31 to the exceptions and briefs in support of the responses no
32 later than 15 days after the service of the exceptions. If
33 exceptions are filed by any of the parties, the Illinois
34 Labor Relations Board State Panel shall review the matter and
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1 make a finding to uphold, vacate, or modify the recommended
2 decision and order. If the Illinois Labor Relations Board
3 State Panel concludes that there is clear and convincing
4 evidence that the accused officer, while under oath,
5 knowingly and willfully made false statements as to a
6 material fact going to an element of the offense murder, the
7 Illinois Labor Relations Board State Panel shall inform the
8 Illinois Law Enforcement Training Standards Board and the
9 Illinois Law Enforcement Training Standards Board shall
10 revoke the accused officer's certification. If the accused
11 officer appeals that determination to the Appellate Court, as
12 provided by this Act, he or she may petition the Appellate
13 Court to stay the revocation of his or her certification
14 pending the court's review of the matter.
15 (o) None of the Illinois Labor Relations Board State
16 Panel's findings or determinations shall set any precedent in
17 any of its decisions decided pursuant the Illinois Public
18 Labor Relations Act by the Illinois Labor Relations Board
19 State Panel or the courts.
20 (p) A party aggrieved by the final order of the Illinois
21 Labor Relations Board State Panel may apply for and obtain
22 judicial review of an order of the Illinois Labor Relations
23 Board State Panel, in accordance with the provisions of the
24 Administrative Review Law, except that such judicial review
25 shall be afforded directly in the Appellate Court for the
26 district in which the accused officer resides. Any direct
27 appeal to the Appellate Court shall be filed within 35 days
28 from the date that a copy of the decision sought to be
29 reviewed was served upon the party affected by the decision.
30 (q) Interested parties. Only interested parties to the
31 criminal prosecution in which the police officer allegedly,
32 while under oath, knowingly and willfully made false
33 statements as to a material fact going to an element of the
34 offense of murder may file a verified complaint pursuant to
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1 this Section. For purposes of this Section, "interested
2 parties" shall be limited to the defendant and any police
3 officer who has personal knowledge that the police officer
4 who is the subject of the complaint has, while under oath,
5 knowingly and willfully made false states as to a material
6 fact going to an element of the offense of murder.
7 (r) Semi-annual reports. The Executive Director of
8 the Illinois Labor Relations Board shall submit semi-annual
9 reports to the Governor, President, and Minority Leader of
10 the Senate, and to the Speaker and Minority Leader of the
11 House of Representatives beginning on June 30, 2004,
12 indicating:
13 (1) the number of verified complaints received
14 since the date of the last report;
15 (2) the number of investigations initiated
16 since the date of the last report;
17 (3) the number of investigations concluded
18 since the date of the last report;
19 (4) the number of investigations pending as of
20 the reporting date;
21 (5) the number of hearings held since the date
22 of the last report; and
23 (6) the number of officers decertified since
24 the date of the last report.
25 (h) A police officer who has been certified or granted a
26 valid waiver may also be decertified or have his or her
27 waiver revoked upon a determination by the Board that he or
28 she, while under oath, has knowingly and willfully made false
29 statements as to a material fact during a homicide
30 proceeding. A determination may be made only after an
31 investigation and hearing upon a verified complaint filed
32 with the Illinois Law Enforcement Training Standards Board.
33 No action may be taken by the Board regarding a complaint
34 unless a majority of the members of the Board are present at
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1 the meeting at which the action is taken.
2 (1) The Board shall adopt rules governing the
3 investigation and hearing of a verified complaint to
4 assure the police officer due process and to eliminate
5 conflicts of interest within the Board itself.
6 (2) Upon receipt of the initial verified complaint,
7 the Board must make a finding within 30 days of receipt
8 of the complaint as to whether sufficient evidence exists
9 to support the complaint. The Board is empowered to
10 investigate and dismiss the complaint if it finds, by a
11 vote of a majority of the members present, that there is
12 insufficient evidence to support it. Upon the initial
13 filing, the sheriff or police chief, or other employing
14 agency, of the accused officer may suspend, with or
15 without pay, the accused officer pending a decision of
16 the Board. Upon a Board finding of insufficient evidence,
17 the police officer shall be reinstated with back pay,
18 benefits, and seniority status as appropriate. The
19 sheriff or police chief, or employing agency, shall take
20 such necessary action as is ordered by the Board.
21 (3) If the Board finds, by a vote of a majority of
22 the members present, that sufficient evidence exists to
23 support the complaint, it shall authorize a hearing
24 before an administrative law judge within 45 days of the
25 Board's finding, unless, based upon the complexity and
26 extent of the allegations and charges, additional time is
27 needed. In no event may a hearing before an
28 administrative law judge take place later than 60 days
29 after the Board's finding.
30 (i) The Board shall have the power and authority to
31 appoint administrative law judges on a contractual basis.
32 The Administrative law judges must be attorneys licensed to
33 practice law in the State of Illinois. The Board shall also
34 adopt rules governing the appointment of administrative law
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1 judges and the conduct of hearings consistent with the
2 requirements of this Section. The administrative law judge
3 shall hear all evidence and prepare a written recommendation
4 of his or her findings to the Board. At the hearing the
5 accused police officer shall be afforded the opportunity to:
6 (1) Be represented by counsel;
7 (2) Be heard in his or her own defense;
8 (3) Produce evidence in his or her defense;
9 (4) Request that the Board compel the attendance of
10 witnesses and production of court records and documents.
11 (j) Once a case has been set for hearing, the person who
12 filed the verified complaint shall have the opportunity to
13 produce evidence to support any charge against a police
14 officer that he or she, while under oath, has knowingly and
15 willfully made false statements as to a material fact during
16 a homicide proceeding.
17 (1) The person who filed the verified complaint
18 shall have the opportunity to be represented by counsel
19 and shall produce evidence to support his or her charges;
20 (2) The person who filed the verified complaint may
21 request the Board to compel the attendance of witnesses
22 and production of court records and documents.
23 (k) The Board shall have the power to issue subpoenas
24 requiring the attendance and testimony of witnesses and the
25 production of court records and documents and shall have the
26 power to administer oaths.
27 (l) The administrative law judge shall have the
28 responsibility of receiving into evidence relevant testimony
29 and documents, including court records, to support or
30 disprove the allegations made by the person filing the
31 verified complaint, and, at the close of the case, hear
32 arguments. If the administrative law judge finds that there
33 is not clear and convincing evidence to support the verified
34 complaint that the police officer has, while under oath,
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1 knowingly and willfully made false statements as to a
2 material fact during a homicide proceeding, the
3 administrative law judge shall make a written recommendation
4 of dismissal to the Board. If the administrative law judge
5 finds that there is clear and convincing evidence to support
6 the verified complaint that the police officer has, while
7 under oath, knowingly and willfully made false statements as
8 to a material fact during a homicide proceeding, the
9 administrative law judge shall make a written recommendation
10 of decertification to the Board.
11 (m) Any person, with the exception of the police officer
12 who is the subject of the hearing, who is served by the Board
13 with a subpoena to appear, testify or produce evidence and
14 refuses to comply with the subpoena is guilty of a Class B
15 misdemeanor. Any circuit court or judge, upon application by
16 the Board, may compel compliance with a subpoena issued by
17 the Board.
18 (n) Within 15 days of receiving the recommendation, the
19 Board shall consider the recommendation of the administrative
20 law judge and the record of the hearing at a Board meeting.
21 If, by a two-thirds vote of the members present at the Board
22 meeting, the Board finds that there is clear and convincing
23 evidence that the police officer has, while under oath,
24 knowingly and willfully made false statements as to a
25 material fact during a homicide proceeding, the Board shall
26 order that the police officer be decertified as a full-time
27 or part-time police officer. If less than two-thirds of the
28 members present vote to decertify the police officer, the
29 Board shall dismiss the complaint.
30 (o) The provisions of the Administrative Review Law
31 shall govern all proceedings for the judicial review of any
32 order rendered by the Board. The moving party shall pay the
33 reasonable costs of preparing and certifying the record for
34 review. If the moving party is the police officer and he or
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1 she prevails, the court may award the police officer actual
2 costs incurred in all proceedings, including reasonable
3 attorney fees. If the court awards the police officer the
4 actual costs incurred in a proceeding, including reasonable
5 attorney fees, the costs and attorney fees shall be paid,
6 subject to appropriation, from the Illinois Law Enforcement
7 Training Standards Board Costs and Attorney Fees Fund, a
8 special fund that is created in the State Treasury. The Fund
9 shall consist of moneys appropriated or transferred into the
10 Fund for the purpose of making payments of costs and attorney
11 fees in accordance with this subsection (o). The Illinois Law
12 Enforcement Training Standards Board shall administer the
13 Fund and adopt rules for the administration of the Fund and
14 for the submission and disposition of claims for costs and
15 attorney fees in accordance with this subsection (o).
16 (p) If the police officer is decertified under
17 subsection (h), the Board shall notify the defendant who was
18 a party to the proceeding that resulted in the police
19 officer's decertification and his or her attorney of the
20 Board's decision. Notification shall be by certified mail,
21 return receipt requested, sent to the party's last known
22 address and to the party's attorney if any.
23 (q) Limitation of action.
24 (1) No complaint may be filed pursuant to this
25 Section until after a verdict or other disposition is
26 rendered in the underlying case or the underlying case is
27 dismissed in the trial court.
28 (2) A complaint pursuant to this Section may not be
29 filed more than 2 years after the final resolution of the
30 case. For purposes of this Section, final resolution is
31 defined as the trial court's ruling on the State
32 post-conviction proceeding in the case in which it is
33 alleged the police officer, while under oath, knowingly
34 and willfully made false statements as to a material fact
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1 during a homicide proceeding. In the event a
2 post-conviction petition is not filed, an action pursuant
3 to this Section may not be commenced more than 2 years
4 after the denial of a petition for certiorari to the
5 United States Supreme Court, or if no petition for
6 certiorari is filed, 2 years after the date such a
7 petition should have been filed. In the event of an
8 acquittal, no proceeding may be commenced pursuant to
9 this Section more than 6 years after the date upon which
10 judgment on the verdict of acquittal was entered.
11 (r) Interested parties. Only interested parties to the
12 criminal prosecution in which the police officer allegedly,
13 while under oath, knowingly and willfully made false
14 statements as to a material fact during a homicide proceeding
15 may file a verified complaint pursuant to this Section. For
16 purposes of this Section, "interested parties" include the
17 defendant and any police officer who has personal knowledge
18 that the police officer who is the subject of the complaint
19 has, while under oath, knowingly and willfully made false
20 statements as to a material fact during a homicide
21 proceeding.
22 (Source: 93SB472enr.)
23 Section 95. The amendatory changes to Section 6.1 of the
24 Illinois Police Training Act made by this amendatory Act of
25 the 93rd General Assembly supersede the amendatory changes
26 made to Section 6.1 of the Illinois Police Training Act by
27 Senate Bill 472 of the 93rd General Assembly, if Senate Bill
28 472 of the 93rd General Assembly becomes law.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".