Sen. John J. Millner
Filed: 4/24/2007
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1 | AMENDMENT TO HOUSE BILL 3454
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2 | AMENDMENT NO. ______. Amend House Bill 3454 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Police Training Act is amended by | ||||||
5 | changing Sections 6, 6.1, 7, 8.1, and 8.2 and by adding Section | ||||||
6 | 6.2 as follows:
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7 | (50 ILCS 705/6) (from Ch. 85, par. 506)
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8 | Sec. 6. Powers and duties of the Board.
Selection and | ||||||
9 | certification of schools.
| ||||||
10 | (a) The Board shall select
and certify schools within the | ||||||
11 | State of
Illinois for the purpose of providing basic training | ||||||
12 | for probationary
police officers, probationary county | ||||||
13 | corrections officers, and
court security officers and
of | ||||||
14 | providing advanced or in-service training for permanent police | ||||||
15 | officers
or permanent
county corrections officers, which | ||||||
16 | schools may be either publicly or
privately owned and operated. |
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1 | In addition, the Board has the following
power and duties:
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2 | (b) The Board may
a. To require local governmental units to | ||||||
3 | furnish such reports and
information as the Board deems | ||||||
4 | necessary to fully implement this Act , including but not | ||||||
5 | limited to, personnel roster, employment status reports, | ||||||
6 | documentation of background checks, and annual training | ||||||
7 | requirements .
| ||||||
8 | (c) The Board shall
b. To establish appropriate mandatory | ||||||
9 | minimum standards
relating to the training of probationary | ||||||
10 | local law enforcement officers
or probationary county | ||||||
11 | corrections officers.
| ||||||
12 | (d) The Board shall
c. To provide the appropriate licensure
| ||||||
13 | certification to those probationary
officers who successfully | ||||||
14 | complete (i) the prescribed minimum standard basic
training | ||||||
15 | course ; (ii) an exam on constitutional law and ethics; and | ||||||
16 | (iii) a comprehensive exam administered by the Board .
| ||||||
17 | (e) The Board shall
d. To review and approve annual | ||||||
18 | training curriculum for county sheriffs and chiefs of police .
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19 | (f) The Board shall prescribe, direct, and oversee annual | ||||||
20 | ethics training for police officers and county corrections | ||||||
21 | officers. | ||||||
22 | (g) The Board shall
e. To review and approve applicants to | ||||||
23 | ensure no applicant is admitted
to a certified academy unless | ||||||
24 | the applicant is a person of good character
and has not been | ||||||
25 | convicted of a felony offense, any of the
misdemeanors in | ||||||
26 | Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
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1 | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | ||||||
2 | Criminal Code
of
1961 or Section 5 or 5.2 of the Cannabis | ||||||
3 | Control Act, or a crime involving
moral
turpitude under the | ||||||
4 | laws of this State or any other state which if
committed in | ||||||
5 | this State would be punishable as a felony or a crime of
moral | ||||||
6 | turpitude. The Board may appoint investigators who shall | ||||||
7 | enforce
the duties conferred upon the Board by this Act.
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8 | (h) It is the Board's duty to review the conduct of | ||||||
9 | licensed officers to assure compliance with the standards set | ||||||
10 | by the Board, as described in this Act and in rules promulgated | ||||||
11 | under the Act, and take appropriate action to maintain the | ||||||
12 | highest level of integrity within the law enforcement | ||||||
13 | profession.
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14 | (Source: P.A. 91-495, eff. 1-1-00.)
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15 | (50 ILCS 705/6.1)
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16 | Sec. 6.1. Revocation of licensure
Decertification of | ||||||
17 | full-time and part-time police officers.
| ||||||
18 | (a) The Board must review police officer conduct and | ||||||
19 | records to ensure that
no
police officer is licensed
certified
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20 | or provided a valid waiver if that police officer has been | ||||||
21 | convicted of or, after the effective date of this amendatory | ||||||
22 | Act of the 95th General Assembly, has pled guilty to a
felony | ||||||
23 | offense under the laws of this
State or any other state which | ||||||
24 | if committed in this State would be punishable
as a felony. The | ||||||
25 | Board must also
ensure that no police officer is licensed
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| |||||||
1 | certified or provided a valid waiver if that
police officer has | ||||||
2 | been convicted on or
after the effective date of this | ||||||
3 | amendatory Act of 1999 of or if the officer has pled guilty on | ||||||
4 | or after the effective date of this amendatory Act of the 95th | ||||||
5 | General Assembly to any misdemeanor
specified in this Section | ||||||
6 | or if
committed in any other state would be an offense similar | ||||||
7 | to Section 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, | ||||||
8 | 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 | ||||||
9 | of the
Criminal
Code of 1961 or to Section 5 or
5.2 of the | ||||||
10 | Cannabis Control Act. The Board must appoint investigators to
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11 | enforce the duties conferred upon the
Board by this Act.
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12 | (b) It is the responsibility of the sheriff or the chief | ||||||
13 | executive officer
of every local law enforcement
agency or | ||||||
14 | department within this State to report to the Board any arrest | ||||||
15 | or
conviction of any officer for an
offense identified in this | ||||||
16 | Section.
| ||||||
17 | (c) It is the duty and responsibility of every full-time | ||||||
18 | and part-time
police officer in this State to report to
the | ||||||
19 | Board within 30 days, and the officer's sheriff or chief | ||||||
20 | executive officer,
of his or her arrest or conviction for
an | ||||||
21 | offense identified in this Section. Any full-time or part-time | ||||||
22 | police
officer who knowingly makes, submits,
causes to be | ||||||
23 | submitted, or files a false or untruthful report to the Board | ||||||
24 | must
have his or her license
certificate or waiver
immediately | ||||||
25 | decertified or revoked.
| ||||||
26 | (d) Any person, or a local or State agency, or the Board is |
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1 | immune from
liability for submitting,
disclosing, or releasing | ||||||
2 | information of arrests or convictions in this Section
as long | ||||||
3 | as the information is
submitted, disclosed, or released in good | ||||||
4 | faith and without malice. The Board
has qualified immunity for | ||||||
5 | the
release of the information.
| ||||||
6 | (e) Whenever a
Any full-time or part-time police officer | ||||||
7 | with a license
certificate or waiver
issued by the Board who is
| ||||||
8 | convicted of or, on or after the effective date of this | ||||||
9 | amendatory Act of the 95th General Assembly, pleads guilty to
| ||||||
10 | any offense described in this Section , his or her license is | ||||||
11 | automatically revoked as a matter of law.
immediately becomes
| ||||||
12 | decertified or no longer has a valid
waiver. The | ||||||
13 | decertification and invalidity of waivers occurs as a matter of
| ||||||
14 | law. Failure of a convicted person to
report to the Board his | ||||||
15 | or her conviction or plea of guilt as described in this Section | ||||||
16 | or any
continued law enforcement practice
after receiving a | ||||||
17 | conviction or plea of guilt is a Class 4 felony.
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18 | (f) The Board's investigators are peace officers and have | ||||||
19 | all the powers
possessed by policemen in cities
and by | ||||||
20 | sheriff's, provided that the investigators may exercise those | ||||||
21 | powers
anywhere in the State, only after
contact and | ||||||
22 | cooperation with the appropriate local law enforcement | ||||||
23 | authorities.
| ||||||
24 | (g) The Board must request and receive information and | ||||||
25 | assistance from any
federal, state, or local
governmental | ||||||
26 | agency as part of the authorized criminal background
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| |||||||
1 | investigation. The Department of State Police must process, | ||||||
2 | retain, and
additionally
provide
and disseminate information | ||||||
3 | to the Board concerning criminal charges, arrests,
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4 | convictions, and their disposition, that have
been filed | ||||||
5 | before, on, or after the effective date of this amendatory Act | ||||||
6 | of
the 91st General Assembly against a basic academy applicant, | ||||||
7 | law enforcement
applicant, or law enforcement officer whose | ||||||
8 | fingerprint identification cards
are on file or maintained by | ||||||
9 | the Department of State Police. The Federal
Bureau
of
| ||||||
10 | Investigation must provide the Board any criminal history | ||||||
11 | record information
contained in its files pertaining to law
| ||||||
12 | enforcement officers or any applicant to a Board certified | ||||||
13 | basic law
enforcement academy as described in this Act
based on | ||||||
14 | fingerprint identification. The Board must make payment of fees | ||||||
15 | to the
Department of State Police for each
fingerprint card | ||||||
16 | submission in conformance with the requirements of paragraph
22 | ||||||
17 | of Section 55a of the Civil
Administrative Code of Illinois.
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18 | (h) A police officer who has been certified , licensed, or | ||||||
19 | granted a valid waiver
shall
also be decertified , have his or | ||||||
20 | her license revoked, or have his or her waiver revoked upon a | ||||||
21 | determination by
the Illinois Labor Relations
Board State Panel
| ||||||
22 | that
he or she, while under oath, has knowingly and willfully | ||||||
23 | made false statements
as
to a material fact going to an element | ||||||
24 | of the offense of murder. If an appeal
is filed, the | ||||||
25 | determination shall be stayed.
| ||||||
26 | (1) In the case of an acquittal on a charge of murder, |
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1 | a verified
complaint may be filed:
| ||||||
2 | (A) by the defendant; or
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3 | (B) by a police officer with personal knowledge of | ||||||
4 | perjured
testimony.
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5 | The complaint must allege that a police officer, while under | ||||||
6 | oath, knowingly
and
willfully made false statements as to a | ||||||
7 | material fact going to an element of
the
offense of murder. The | ||||||
8 | verified complaint must be filed with the Executive
Director of | ||||||
9 | the Illinois Law Enforcement Training Standards Board within 2
| ||||||
10 | years of the judgment of acquittal.
| ||||||
11 | (2) Within 30 days, the Executive Director of the | ||||||
12 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
13 | review the verified complaint and determine whether the
| ||||||
14 | verified complaint is frivolous and without merit, or | ||||||
15 | whether further
investigation is
warranted. The Illinois | ||||||
16 | Law Enforcement Training Standards Board shall notify
the | ||||||
17 | officer and the Executive Director of the Illinois Labor | ||||||
18 | Relations Board
State Panel of the filing of the complaint | ||||||
19 | and any action taken thereon. If the
Executive Director of | ||||||
20 | the Illinois Law Enforcement Training
Standards Board | ||||||
21 | determines that the verified complaint is frivolous and | ||||||
22 | without
merit, it shall be dismissed. The Executive | ||||||
23 | Director of the Illinois Law
Enforcement Training | ||||||
24 | Standards Board has sole discretion to make this
| ||||||
25 | determination and this decision is not subject to appeal.
| ||||||
26 | (i) If the Executive Director of the Illinois Law |
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| |||||||
1 | Enforcement Training
Standards Board determines that the | ||||||
2 | verified complaint warrants further
investigation, he or she | ||||||
3 | shall refer the matter to a task force of
investigators
created | ||||||
4 | for this purpose. This task force shall consist of 8 sworn | ||||||
5 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
6 | City of Chicago Police Department, 2
from county police | ||||||
7 | departments, and 2 from municipal police departments.
These | ||||||
8 | investigators shall have a minimum of 5 years of experience in | ||||||
9 | conducting
criminal investigations. The investigators shall be | ||||||
10 | appointed by the Executive
Director of the Illinois Law | ||||||
11 | Enforcement Training Standards Board. Any officer
or officers | ||||||
12 | acting in this capacity pursuant to this statutory provision | ||||||
13 | will
have
statewide police authority while acting in this | ||||||
14 | investigative capacity. Their
salaries
and expenses for the | ||||||
15 | time spent conducting investigations under this paragraph
| ||||||
16 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
17 | Standards Board.
| ||||||
18 | (j) Once the Executive Director of the Illinois Law | ||||||
19 | Enforcement Training
Standards Board has determined that an | ||||||
20 | investigation is warranted, the verified
complaint shall be | ||||||
21 | assigned to an investigator or investigators. The
investigator
| ||||||
22 | or investigators shall conduct an investigation of the verified | ||||||
23 | complaint and
shall
write a report of his or her findings. This | ||||||
24 | report shall be submitted to the
Executive Director of the | ||||||
25 | Illinois Labor Relations Board State Panel.
| ||||||
26 | Within 30 days, the Executive Director of the Illinois |
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| |||||||
1 | Labor Relations Board
State Panel
shall review the | ||||||
2 | investigative report and determine whether sufficient evidence
| ||||||
3 | exists to
conduct an evidentiary hearing on the verified | ||||||
4 | complaint. If the Executive
Director of the Illinois Labor | ||||||
5 | Relations Board State Panel determines upon his
or
her review | ||||||
6 | of the investigatory report that a hearing should not be | ||||||
7 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
8 | in the Executive Director's sole
discretion, and this dismissal | ||||||
9 | may not be appealed.
| ||||||
10 | If the Executive Director of the Illinois Labor Relations | ||||||
11 | Board
State Panel
determines that there is sufficient evidence | ||||||
12 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
13 | verified complaint, to be conducted by an administrative law
| ||||||
14 | judge employed by the Illinois Labor Relations Board State | ||||||
15 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
16 | Board State Panel shall inform the
Executive Director of the | ||||||
17 | Illinois Law Enforcement Training Standards Board and
the | ||||||
18 | person who filed the complaint of either the dismissal of the | ||||||
19 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
20 | Executive Director shall assign the complaint to the
| ||||||
21 | administrative law judge within 30 days
of the
decision | ||||||
22 | granting a hearing.
| ||||||
23 | (k) In the case of a finding of guilt on the offense of | ||||||
24 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
25 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
26 | claim that a police officer, under oath, knowingly and
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1 | willfully made false statements as to a material fact going to | ||||||
2 | an element of
the
offense of murder, the Illinois Labor | ||||||
3 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
4 | whether the officer should be decertified or have his or her | ||||||
5 | license revoked if an interested party
requests such a hearing | ||||||
6 | within 2 years of the court's decision. The complaint
shall be | ||||||
7 | assigned to an administrative law judge within 30 days so that | ||||||
8 | a
hearing can be scheduled.
| ||||||
9 | At the hearing, the accused officer shall be afforded the | ||||||
10 | opportunity to:
| ||||||
11 | (1) Be represented by counsel of his or her own | ||||||
12 | choosing;
| ||||||
13 | (2) Be heard in his or her own defense;
| ||||||
14 | (3) Produce evidence in his or her defense;
| ||||||
15 | (4) Request that the Illinois Labor Relations Board | ||||||
16 | State Panel compel the
attendance of witnesses and | ||||||
17 | production of related documents including but not
limited | ||||||
18 | to court documents and records.
| ||||||
19 | Once a case has been set for hearing, the verified | ||||||
20 | complaint shall be
referred to the Department of Professional | ||||||
21 | Regulation. That office shall
prosecute the verified complaint | ||||||
22 | at the hearing before the administrative law
judge. The | ||||||
23 | Department of Professional Regulation shall have the | ||||||
24 | opportunity to
produce evidence to support the verified | ||||||
25 | complaint and to request the Illinois
Labor
Relations Board | ||||||
26 | State Panel to compel the attendance of witnesses and the
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| |||||||
1 | production of related documents, including, but not limited to, | ||||||
2 | court documents
and records. The Illinois Labor Relations Board | ||||||
3 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
4 | the attendance of and testimony of witnesses and
the production | ||||||
5 | of related documents including, but not limited to, court
| ||||||
6 | documents and records and shall have the power to administer | ||||||
7 | oaths.
| ||||||
8 | The administrative law judge shall have the responsibility | ||||||
9 | of receiving into
evidence relevant testimony and documents, | ||||||
10 | including court records, to support
or disprove the allegations | ||||||
11 | made by the person filing the verified complaint
and,
at the | ||||||
12 | close of the case, hear arguments. If the administrative law | ||||||
13 | judge finds
that there is not clear and convincing evidence to | ||||||
14 | support the verified
complaint
that the police officer has, | ||||||
15 | while under oath, knowingly and willfully made
false
statements | ||||||
16 | as to a material fact going to an element of the offense of | ||||||
17 | murder,
the
administrative law judge shall make a written | ||||||
18 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
19 | Board State Panel. If the administrative law judge
finds
that | ||||||
20 | there is clear and convincing evidence that the police officer | ||||||
21 | has, while
under
oath, knowingly and willfully made false | ||||||
22 | statements as to a material fact that
goes to an element of the | ||||||
23 | offense of murder, the administrative law judge shall
make a | ||||||
24 | written recommendation so concluding to the Illinois Labor | ||||||
25 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
26 | The Executive
Director of the Illinois Law Enforcement Training |
| |||||||
| |||||||
1 | Standards Board shall be
informed of the
administrative law | ||||||
2 | judge's recommended findings and decision and the Illinois
| ||||||
3 | Labor Relations Board State Panel's subsequent review of the | ||||||
4 | recommendation.
| ||||||
5 | (l) An officer named in any complaint filed pursuant to | ||||||
6 | this Act shall be
indemnified for his or her reasonable | ||||||
7 | attorney's fees and costs by his or her
employer. These fees | ||||||
8 | shall be paid in a regular and timely manner. The State,
upon | ||||||
9 | application by the public employer, shall reimburse the public | ||||||
10 | employer
for
the accused officer's reasonable attorney's fees | ||||||
11 | and costs. At no time and
under
no circumstances will the | ||||||
12 | accused officer be required to pay his or her own
reasonable | ||||||
13 | attorney's fees or costs.
| ||||||
14 | (m) The accused officer shall not be placed on unpaid | ||||||
15 | status because of
the filing or processing of the verified | ||||||
16 | complaint until there is a final
non-appealable order | ||||||
17 | sustaining his or her guilt and his or her license or
| ||||||
18 | certification
is
revoked.
Nothing in this Act, however, | ||||||
19 | restricts the public employer from pursuing
discipline against | ||||||
20 | the officer in the normal course and under procedures then
in
| ||||||
21 | place.
| ||||||
22 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
23 | review the
administrative law judge's recommended decision and | ||||||
24 | order and determine by a
majority vote whether or not there was | ||||||
25 | clear and convincing evidence that the
accused officer, while | ||||||
26 | under oath, knowingly and willfully made false
statements
as to |
| |||||||
| |||||||
1 | a material fact going to the offense of murder. Within 30 days | ||||||
2 | of service
of
the administrative law judge's recommended | ||||||
3 | decision and order, the parties may
file exceptions to the | ||||||
4 | recommended decision and order and briefs in support of
their | ||||||
5 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
6 | The
parties
may file responses to the exceptions and briefs in | ||||||
7 | support of the responses no
later than 15 days after the | ||||||
8 | service of the exceptions. If exceptions are filed
by
any of | ||||||
9 | the parties, the Illinois Labor Relations Board State Panel | ||||||
10 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
11 | or modify the recommended
decision and order. If the Illinois | ||||||
12 | Labor Relations Board State Panel concludes
that there is clear | ||||||
13 | and convincing evidence that the accused officer, while
under
| ||||||
14 | oath, knowingly and willfully made false statements as to a | ||||||
15 | material fact going
to
an element of the offense murder, the | ||||||
16 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
17 | Illinois Law Enforcement Training Standards Board and the
| ||||||
18 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
19 | the accused
officer's certification , license, or waiver . If the | ||||||
20 | accused officer appeals that determination to
the
Appellate | ||||||
21 | Court, as provided by this Act, he or she may petition the | ||||||
22 | Appellate
Court to stay the revocation of his or her | ||||||
23 | certification , license, or waiver pending the court's
review
of | ||||||
24 | the matter.
| ||||||
25 | (o) None of the Illinois Labor Relations Board State | ||||||
26 | Panel's findings or
determinations shall set any precedent in |
| |||||||
| |||||||
1 | any of its decisions decided pursuant
to the Illinois Public | ||||||
2 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
3 | Panel or the courts.
| ||||||
4 | (p) A party aggrieved by the final order of the Illinois | ||||||
5 | Labor Relations
Board State Panel may apply for and obtain | ||||||
6 | judicial review of an order of the
Illinois Labor Relations | ||||||
7 | Board State Panel, in accordance with the provisions
of
the | ||||||
8 | Administrative Review Law, except that such judicial review | ||||||
9 | shall be
afforded
directly in the Appellate Court for the | ||||||
10 | district in which the accused officer
resides.
Any direct | ||||||
11 | appeal to the Appellate Court shall be filed within 35 days | ||||||
12 | from the
date that a copy of the decision sought to be reviewed | ||||||
13 | was served upon the
party
affected by the decision.
| ||||||
14 | (q) Interested parties. Only interested parties to the | ||||||
15 | criminal prosecution
in
which the police officer allegedly, | ||||||
16 | while under oath, knowingly and willfully
made
false statements | ||||||
17 | as to a material fact going to an element of the offense of
| ||||||
18 | murder may file a verified complaint pursuant to this Section. | ||||||
19 | For purposes of
this Section, "interested parties" shall be | ||||||
20 | limited to the defendant and any
police
officer who has | ||||||
21 | personal knowledge that the police officer who is the subject
| ||||||
22 | of
the complaint has, while under oath, knowingly and willfully | ||||||
23 | made false
statements
as
to a material fact going to an element | ||||||
24 | of the offense of murder.
| ||||||
25 | (r) Semi-annual reports. The Executive Director of the | ||||||
26 | Illinois Labor
Relations Board shall submit semi-annual |
| |||||||
| |||||||
1 | reports to the Governor, President,
and
Minority Leader of the | ||||||
2 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
3 | Representatives beginning on June 30, 2004, indicating:
| ||||||
4 | (1) the number of verified complaints received | ||||||
5 | since the date of the
last
report;
| ||||||
6 | (2) the number of investigations initiated since | ||||||
7 | the date of the last
report;
| ||||||
8 | (3) the number of investigations concluded since | ||||||
9 | the date of the last
report;
| ||||||
10 | (4) the number of investigations pending as of the | ||||||
11 | reporting date;
| ||||||
12 | (5) the number of hearings held since the date of | ||||||
13 | the last report; and
| ||||||
14 | (6) the number of officers decertified since the | ||||||
15 | date of the last
report.
| ||||||
16 | (Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
| ||||||
17 | (50 ILCS 705/6.2 new) | ||||||
18 | Sec. 6.2. Conversion of certificates to licenses. | ||||||
19 | (a) Beginning on the effective date of this amendatory Act | ||||||
20 | of the 95th General Assembly, the Board's recognition for | ||||||
21 | persons who have successfully completed the prescribed minimum | ||||||
22 | standards basic training course for police officers shall be | ||||||
23 | issued licenses rather than certificates. | ||||||
24 | (b) If a person has successfully completed the prescribed | ||||||
25 | minimum standard basic training course for police officers and |
| |||||||
| |||||||
1 | holds a valid certification to that effect on the effective | ||||||
2 | date of this amendatory Act, that certification shall be | ||||||
3 | recognized as a license for the purpose of this Act. | ||||||
4 | (c) If, on the effective date of this amendatory Act of the | ||||||
5 | 95th General Assembly, a person holds a valid waiver from one | ||||||
6 | of the certification requirements of this Act for police | ||||||
7 | officers, that waiver shall be deemed a waiver from the | ||||||
8 | corresponding licensure requirements of this Act. | ||||||
9 | (d) The Board shall replace the certificates, or other | ||||||
10 | evidence of certification or waiver for police officers, in use | ||||||
11 | on the effective date of this amendatory Act of the 95th | ||||||
12 | General Assembly with new identification credentials, to be | ||||||
13 | carried on their person, to signify state licensure.
| ||||||
14 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
15 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
16 | adopt rules and
minimum standards for such schools which shall | ||||||
17 | include but not be limited to
the following:
| ||||||
18 | a. The curriculum for probationary police officers which | ||||||
19 | shall be
offered by all certified schools shall include but not | ||||||
20 | be limited to
courses of arrest, search and seizure, civil | ||||||
21 | rights, human relations,
cultural
diversity, including racial | ||||||
22 | and ethnic sensitivity,
ethical code of conduct in performing | ||||||
23 | police duties, constitutional law, criminal law, law of | ||||||
24 | criminal procedure, vehicle and traffic law including
uniform | ||||||
25 | and non-discriminatory enforcement of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code,
traffic control and accident investigation, techniques | ||||||
2 | of obtaining
physical evidence, court testimonies, statements, | ||||||
3 | reports, firearms
training, first-aid (including | ||||||
4 | cardiopulmonary resuscitation), handling of
juvenile | ||||||
5 | offenders, recognition of
mental conditions which require | ||||||
6 | immediate assistance and methods to
safeguard and provide | ||||||
7 | assistance to a person in need of mental
treatment, law of | ||||||
8 | evidence, the hazards of high-speed police vehicle
chases with | ||||||
9 | an emphasis on alternatives to the high-speed chase, and
| ||||||
10 | physical training. The curriculum shall include specific | ||||||
11 | training in
techniques for immediate response to and | ||||||
12 | investigation of cases of domestic
violence and of sexual | ||||||
13 | assault of adults and children. The curriculum shall also | ||||||
14 | include a block of instruction aimed at identifying and | ||||||
15 | interacting with persons with autism and other developmental | ||||||
16 | disabilities, reducing barriers to reporting crimes against | ||||||
17 | persons with autism, and addressing the unique challenges | ||||||
18 | presented by cases involving victims or witnesses with autism | ||||||
19 | and other developmental disabilities. The curriculum for
| ||||||
20 | permanent police officers shall include but not be limited to | ||||||
21 | (1) refresher
and in-service training in any of the courses | ||||||
22 | listed above in this
subparagraph, (2) advanced courses in any | ||||||
23 | of the subjects listed above in
this subparagraph, (3) training | ||||||
24 | for supervisory personnel, and (4)
specialized training in | ||||||
25 | subjects and fields to be selected by the board , and (5) | ||||||
26 | practical application of the ethical code of conduct in |
| |||||||
| |||||||
1 | performing police duties .
| ||||||
2 | b. Minimum courses of study, attendance requirements and | ||||||
3 | equipment
requirements.
| ||||||
4 | c. Minimum requirements for instructors.
| ||||||
5 | d. Minimum basic training requirements, which a | ||||||
6 | probationary police
officer must satisfactorily complete | ||||||
7 | before being eligible for permanent
employment as a local law | ||||||
8 | enforcement officer for a participating local
governmental | ||||||
9 | agency. Those requirements shall include training in first aid
| ||||||
10 | (including cardiopulmonary resuscitation).
| ||||||
11 | e. Minimum basic training requirements, which a | ||||||
12 | probationary county
corrections officer must satisfactorily | ||||||
13 | complete before being eligible for
permanent employment as a | ||||||
14 | county corrections officer for a participating
local | ||||||
15 | governmental agency.
| ||||||
16 | f. Minimum basic training requirements which a | ||||||
17 | probationary court
security officer must satisfactorily | ||||||
18 | complete before being eligible for
permanent employment as a | ||||||
19 | court security officer for a participating local
governmental | ||||||
20 | agency. The Board shall
establish those training requirements | ||||||
21 | which it considers appropriate for court
security officers and | ||||||
22 | shall certify schools to conduct that training.
| ||||||
23 | g. A uniform oath to uphold an ethical code of conduct to | ||||||
24 | be sworn by all officers upon completion of all applicable | ||||||
25 | prerequisites and prior to conference of their license or | ||||||
26 | certification.
|
| |||||||
| |||||||
1 | A person hired to serve as a court security officer must | ||||||
2 | obtain from the
Board a certificate (i) attesting to his or her | ||||||
3 | successful completion of the
training course; (ii) attesting to | ||||||
4 | his or her satisfactory
completion of a training program of | ||||||
5 | similar content and number of hours that
has been found | ||||||
6 | acceptable by the Board under the provisions of this Act; or
| ||||||
7 | (iii) attesting to the Board's determination that the training
| ||||||
8 | course is unnecessary because of the person's extensive prior | ||||||
9 | law enforcement
experience.
| ||||||
10 | Individuals who currently serve as court security officers | ||||||
11 | shall be deemed
qualified to continue to serve in that capacity | ||||||
12 | so long as they are certified
as provided by this Act within 24 | ||||||
13 | months of the effective date of this
amendatory Act of 1996. | ||||||
14 | Failure to be so certified, absent a waiver from the
Board, | ||||||
15 | shall cause the officer to forfeit his or her position.
| ||||||
16 | All individuals hired as court security officers on or | ||||||
17 | after the effective
date of this amendatory Act of 1996 shall | ||||||
18 | be certified within 12 months of the
date of their hire, unless | ||||||
19 | a waiver has been obtained by the Board, or they
shall forfeit | ||||||
20 | their positions.
| ||||||
21 | The Sheriff's Merit Commission, if one exists, or the | ||||||
22 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
23 | shall maintain a list of all
individuals who have filed | ||||||
24 | applications to become court security officers and
who meet the | ||||||
25 | eligibility requirements established under this Act. Either
| ||||||
26 | the Sheriff's Merit Commission, or the Sheriff's Office if no |
| |||||||
| |||||||
1 | Sheriff's Merit
Commission exists, shall establish a schedule | ||||||
2 | of reasonable intervals for
verification of the applicants' | ||||||
3 | qualifications under
this Act and as established by the Board.
| ||||||
4 | (Source: P.A. 93-209, eff. 7-18-03.)
| ||||||
5 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
6 | Sec. 8.1. Full-time police and county corrections | ||||||
7 | officers.
| ||||||
8 | (a) No
After January 1, 1976, no person shall receive a | ||||||
9 | permanent
appointment as a law enforcement officer as defined | ||||||
10 | in this
Act nor shall any person receive, after the effective | ||||||
11 | date of this
amendatory Act of 1984, a permanent appointment as | ||||||
12 | a county corrections officer
unless that person has been | ||||||
13 | awarded, within six months of his or her
initial full-time | ||||||
14 | employment, a license
certificate attesting to his or her
| ||||||
15 | successful completion of the Minimum Standards Basic Law | ||||||
16 | Enforcement and County
Correctional Training Course and | ||||||
17 | comprehensive exam as prescribed by the Board; or has been | ||||||
18 | awarded a
certificate attesting to his satisfactory completion | ||||||
19 | of a training program of
similar content and number of hours | ||||||
20 | and which course has been found acceptable
by the Board under | ||||||
21 | the provisions of this Act; or by reason of extensive prior
law | ||||||
22 | enforcement or county corrections experience the basic | ||||||
23 | training requirement
is determined by the Board to be illogical | ||||||
24 | and unreasonable.
| ||||||
25 | If such training is required and not completed within the |
| |||||||
| |||||||
1 | applicable six
months, then the officer must forfeit his | ||||||
2 | position, or the employing agency
must obtain a waiver from the | ||||||
3 | Board extending the period for
compliance. Such waiver shall be | ||||||
4 | issued only for good and justifiable
reasons, and in no case | ||||||
5 | shall extend more than 90 days beyond the
initial six months.
| ||||||
6 | (b) No provision of this Section shall be construed to mean | ||||||
7 | that a
law enforcement officer employed by a local governmental | ||||||
8 | agency
at the time of the effective date of this amendatory | ||||||
9 | Act, either as a
probationary police officer or as a permanent | ||||||
10 | police officer, shall
require certification under the | ||||||
11 | provisions of this Section. No provision
of this Section shall | ||||||
12 | be construed to mean that a county corrections
officer employed | ||||||
13 | by a local governmental agency at the time of the
effective | ||||||
14 | date of this amendatory Act of 1984, either as a probationary
| ||||||
15 | county corrections or as a permanent county corrections | ||||||
16 | officer, shall
require certification under the provisions of | ||||||
17 | this Section. No provision of
this Section shall be construed | ||||||
18 | to apply to certification of elected county
sheriffs.
| ||||||
19 | (c) This Section does not apply to part-time police | ||||||
20 | officers or
probationary part-time police officers.
| ||||||
21 | (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
| ||||||
22 | (50 ILCS 705/8.2)
| ||||||
23 | Sec. 8.2. Part-time police officers.
| ||||||
24 | (a) A person hired to serve as a part-time
police officer | ||||||
25 | must obtain from the Board a license
certificate (i) attesting |
| |||||||
| |||||||
1 | to his
or her successful completion of the part-time police | ||||||
2 | training course; (ii)
attesting to his or her satisfactory | ||||||
3 | completion of a training program of
similar content and number | ||||||
4 | of hours that has been found acceptable by the
Board under the | ||||||
5 | provisions of this Act; or (iii) attesting to the Board's
| ||||||
6 | determination that the part-time police training course is | ||||||
7 | unnecessary because
of the person's extensive prior law | ||||||
8 | enforcement experience ; and (iv) attesting to the officer's | ||||||
9 | successful completion of the comprehensive exam prescribed by | ||||||
10 | the Board .
A person hired on or after the effective date of | ||||||
11 | this amendatory Act of the
92nd General Assembly must obtain | ||||||
12 | licensure
this certificate within 18 months after the
initial | ||||||
13 | date of hire as a probationary part-time police officer in the | ||||||
14 | State of
Illinois. The probationary part-time police officer | ||||||
15 | must be enrolled and
accepted into a Board-approved course | ||||||
16 | within 6 months after active employment
by any department in | ||||||
17 | the State.
A person hired
on or after January 1, 1996 and | ||||||
18 | before the effective date of this amendatory
Act of the 92nd | ||||||
19 | General Assembly must obtain this certificate within 18
months
| ||||||
20 | after the date of hire. A person hired before
January 1, 1996 | ||||||
21 | must obtain this certificate within 24 months after the
| ||||||
22 | effective date of this amendatory Act of 1995.
| ||||||
23 | The employing agency may seek a waiver from the Board | ||||||
24 | extending the period
for compliance. A waiver shall be issued | ||||||
25 | only for good and justifiable
reasons, and the probationary | ||||||
26 | part-time police officer may not practice as a
part-time
police |
| |||||||
| |||||||
1 | officer during the waiver period. If training is
required and | ||||||
2 | not completed within the applicable time period, as extended by
| ||||||
3 | any waiver that may be granted, then the officer must forfeit | ||||||
4 | his or her
position.
| ||||||
5 | (b) (Blank).
| ||||||
6 | (c) The part-time police training course referred to in | ||||||
7 | this Section
shall be of similar content and the same number of | ||||||
8 | hours as the courses for
full-time officers and
shall be | ||||||
9 | provided by
Mobile Team In-Service Training Units under the | ||||||
10 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
11 | Training Act or by another approved program
or facility in a | ||||||
12 | manner prescribed by the
Board.
| ||||||
13 | (d) For the purposes of this Section, the Board shall adopt | ||||||
14 | rules defining
what constitutes employment on a part-time | ||||||
15 | basis.
| ||||||
16 | (Source: P.A. 92-533, eff. 3-14-02.)".
|