093_HB3216
LRB093 10925 MKM 11473 b
1 AN ACT concerning law enforcement training.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended
5 by changing Sections 6, 6.1, 8.1, and 8.2 and adding Section
6 6.2 as follows:
7 (50 ILCS 705/6) (from Ch. 85, par. 506)
8 Sec. 6. Powers and duties of Board; selection and
9 certification of schools. The Board shall select and certify
10 schools within the State of Illinois for the purpose of
11 providing basic training for probationary police officers,
12 probationary county corrections officers, and court security
13 officers and of providing advanced or in-service training for
14 permanent police officers or permanent county corrections
15 officers, which schools may be either publicly or privately
16 owned and operated. In addition, the Board has the following
17 power and duties:
18 a. To require local governmental units to furnish
19 such reports and information as the Board deems necessary
20 to fully implement this Act, including, but not limited
21 to, personnel rosters, employment status reports, and
22 annual training plans.
23 b. To establish appropriate mandatory minimum
24 standards relating to the training of probationary local
25 law enforcement officers or probationary county
26 corrections officers.
27 c. To provide appropriate licensure or
28 certification to those probationary officers who
29 successfully complete the prescribed minimum standard
30 basic training course.
31 d. To review and approve annual training curriculum
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1 for county sheriffs.
2 e. To review and approve applicants to ensure that
3 no applicant is admitted to a certified academy unless
4 the applicant is a person of good character and has not
5 been convicted of a felony offense, any of the
6 misdemeanors in Sections 11-6, 11-9.1, 11-14, 11-17,
7 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
8 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961
9 or Section 5 or 5.2 of the Cannabis Control Act, or a
10 crime involving moral turpitude under the laws of this
11 State or any other state which if committed in this State
12 would be punishable as a felony or a crime of moral
13 turpitude. The Board may appoint investigators who shall
14 enforce the duties conferred upon the Board by this Act.
15 (Source: P.A. 91-495, eff. 1-1-00.)
16 (50 ILCS 705/6.1)
17 Sec. 6.1. Revocation of license Decertification of
18 full-time and part-time police officers.
19 (a) The Board must review police officer conduct and
20 records to ensure that no police officer is licensed
21 certified or provided a valid waiver if that police officer
22 has been convicted of or has pled guilty to a felony offense
23 under the laws of this State or any other state which if
24 committed in this State would be punishable as a felony. The
25 Board must also ensure that no police officer is licensed
26 certified or provided a valid waiver if that police officer
27 has been convicted on or after the effective date of this
28 amendatory Act of 1999 of any misdemeanor specified in this
29 Section or if committed in any other state would be an
30 offense similar to Section 11-6, 11-9.1, 11-14, 11-17, 11-19,
31 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
32 32-4a, or 32-7 of the Criminal Code of 1961 or to Section 5
33 or 5.2 of the Cannabis Control Act. The Board must appoint
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1 investigators to enforce the duties conferred upon the Board
2 by this Act.
3 (b) It is the responsibility of the sheriff or the chief
4 executive officer of every local law enforcement agency or
5 department within this State to report to the Board any
6 arrest or conviction of any officer for an offense identified
7 in this Section.
8 (c) It is the duty and responsibility of every full-time
9 and part-time police officer in this State to report to the
10 Board within 30 days, and the officer's sheriff or chief
11 executive officer, of his or her arrest or conviction for an
12 offense identified in this Section. Any full-time or
13 part-time police officer who knowingly makes, submits, causes
14 to be submitted, or files a false or untruthful report to the
15 Board must have his or her license certificate or waiver
16 immediately decertified or revoked.
17 (d) Any person, or a local or State agency, or the Board
18 is immune from liability for submitting, disclosing, or
19 releasing information of arrests or convictions in this
20 Section as long as the information is submitted, disclosed,
21 or released in good faith and without malice. The Board has
22 qualified immunity for the release of the information.
23 (e) Whenever a Any full-time or part-time police officer
24 with a license certificate or waiver issued by the Board who
25 is convicted of or pleads guilty to any offense described in
26 this Section, his or her license or waiver is automatically
27 revoked by operation of law. immediately becomes decertified
28 or no longer has a valid waiver. The decertification and
29 invalidity of waivers occurs as a matter of law. Failure of
30 a convicted person to report to the Board his or her
31 conviction as described in this Section or any continued law
32 enforcement practice after receiving a conviction is a Class
33 4 felony.
34 (f) The Board's investigators are peace officers and
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1 have all the powers possessed by policemen in cities and by
2 sheriff's, provided that the investigators may exercise those
3 powers anywhere in the State, only after contact and
4 cooperation with the appropriate local law enforcement
5 authorities.
6 (g) The Board must request and receive information and
7 assistance from any federal, state, or local governmental
8 agency as part of the authorized criminal background
9 investigation. The Department of State Police must process,
10 retain, and additionally provide and disseminate information
11 to the Board concerning criminal charges, arrests,
12 convictions, and their disposition, that have been filed
13 before, on, or after the effective date of this amendatory
14 Act of the 91st General Assembly against a basic academy
15 applicant, law enforcement applicant, or law enforcement
16 officer whose fingerprint identification cards are on file or
17 maintained by the Department of State Police. The Federal
18 Bureau of Investigation must provide the Board any criminal
19 history record information contained in its files pertaining
20 to law enforcement officers or any applicant to a Board
21 certified basic law enforcement academy as described in this
22 Act based on fingerprint identification. The Board must make
23 payment of fees to the Department of State Police for each
24 fingerprint card submission in conformance with the
25 requirements of paragraph 22 of Section 55a of the Civil
26 Administrative Code of Illinois.
27 (Source: P.A. 91-495, eff. 1-1-00.)
28 (50 ILCS 705/6.2 new)
29 Sec. 6.2. Conversion of certificates to licenses.
30 (a) Beginning on the effective date of this amendatory
31 Act of the 93rd General Assembly, the Board's recognition of
32 persons who have successfully completed the prescribed
33 minimum standard basic training course for police officers
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1 shall be known as licensure rather than certification.
2 (b) If a person has successfully completed the
3 prescribed minimum standard basic training course for police
4 officers and holds a valid certification to that effect on
5 the effective date of this amendatory Act of the 93rd General
6 Assembly, that certification shall be deemed to be a license
7 for the purposes of this Act.
8 (c) If, on the effective date of this amendatory Act of
9 the 93rd General Assembly, a person holds a valid waiver from
10 one of the certification requirements of this Act for police
11 officers, that waiver shall be deemed a waiver from the
12 corresponding licensure requirement of this Act.
13 (d) The Board shall replace the certificates or other
14 evidences of certification or waiver for police officers in
15 use on the effective date of this amendatory Act of the 93rd
16 General Assembly with new credentials reflecting the change
17 in nomenclature instituted by this amendatory Act.
18 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
19 Sec. 8.1. Full-time police and county corrections
20 officers.
21 (a) After January 1, 1976, no person shall receive a
22 permanent appointment as a law enforcement officer as defined
23 in this Act, nor shall any person receive, after the
24 effective date of this amendatory Act of 1984, a permanent
25 appointment as a county corrections officer, unless that
26 person has been awarded, within 6 six months of his or her
27 initial full-time employment, a license or certificate
28 attesting to his or her successful completion of the Minimum
29 Standards Basic Law Enforcement and County Correctional
30 Training Course as prescribed by the Board; or has been
31 awarded a license or certificate attesting to his or her
32 satisfactory completion of a training program of similar
33 content and number of hours and which course has been found
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1 acceptable by the Board under the provisions of this Act; or
2 by reason of extensive prior law enforcement or county
3 corrections experience the basic training requirement is
4 determined by the Board to be illogical and unreasonable.
5 If such training is required and not completed within the
6 applicable 6 six months, then the officer must forfeit his or
7 her position, or the employing agency must obtain a waiver
8 from the Board extending the period for compliance. Such
9 waiver shall be issued only for good and justifiable reasons,
10 and in no case shall extend more than 90 days beyond the
11 initial 6 six months.
12 (b) No provision of this Section shall be construed to
13 mean that a law enforcement officer employed by a local
14 governmental agency at the time of the effective date of this
15 amendatory Act, either as a probationary police officer or as
16 a permanent police officer, shall require licensure or
17 certification under the provisions of this Section.
18 No provision of this Section shall be construed to mean
19 that a county corrections officer employed by a local
20 governmental agency at the time of the effective date of this
21 amendatory Act of 1984, either as a probationary county
22 corrections or as a permanent county corrections officer,
23 shall require certification under the provisions of this
24 Section.
25 No provision of this Section shall be construed to apply
26 to licensure or certification of elected county sheriffs.
27 (c) This Section does not apply to part-time police
28 officers or probationary part-time police officers.
29 (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
30 (50 ILCS 705/8.2)
31 Sec. 8.2. Part-time police officers.
32 (a) A person hired to serve as a part-time police
33 officer must obtain from the Board a license or certificate
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1 (i) attesting to his or her successful completion of the
2 part-time police training course; (ii) attesting to his or
3 her satisfactory completion of a training program of similar
4 content and number of hours that has been found acceptable by
5 the Board under the provisions of this Act; or (iii)
6 attesting to the Board's determination that the part-time
7 police training course is unnecessary because of the person's
8 extensive prior law enforcement experience. A person hired
9 on or after January 1, 1996 must obtain this license or
10 certificate within 18 months after the date of hire. A
11 person hired before January 1, 1996 must obtain this license
12 or certificate within 24 months after the effective date of
13 this amendatory Act of 1995.
14 The employing agency may seek a waiver from the Board
15 extending the period for compliance. A waiver shall be
16 issued only for good and justifiable reasons and may not
17 extend the initial period by more than 90 days. If training
18 is required and not completed within the applicable time
19 period, as extended by any waiver that may be granted, then
20 the officer must forfeit his or her position.
21 (b) (Blank).
22 (c) The part-time police training course referred to in
23 this Section shall be of similar content and the same number
24 of hours as the courses for full-time officers and shall be
25 provided by Mobile Team In-Service Training Units under the
26 Intergovernmental Law Enforcement Officer's In-Service
27 Training Act in a manner prescribed by the Board.
28 (d) For the purposes of this Section, the Board shall
29 adopt rules defining what constitutes employment on a
30 part-time basis.
31 (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.