HB4146 97TH GENERAL ASSEMBLY

LRB097 17769 NHT 62984 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4146

Introduced 1/30/2012, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

50 ILCS 705/6	from Ch. 85, par. 506
50 ILCS 705/9	from Ch. 85, par. 509
110 ILCS 370/4	from Ch. 144, par. 63d

Amends the Illinois Police Training Act and the Police Training Institute Act. Provides that the Police Training Institute at the University of Illinois shall meet and exceed all standards established by the Illinois Law Enforcement Training Standards Board. Provides that the certification that such standards have been met and exceeded shall be made by the Vice Chancellor for Academic Affairs at the University of Illinois at Urbana-Champaign. Provides that an annual sum sufficient to reimburse the University of Illinois for one half of the cost of training recruits in the previous year shall be appropriated from the Traffic and Criminal Conviction Surcharge Fund to the Board of Trustees of the University of Illinois for the purpose of carrying out the provisions of the Police Training Institute Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The Illinois Police Training Act is amended by changing Sections 6 and 9 as follows:

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

Sec. 6. Selection and certification of schools. The Police Training Institute at the University of Illinois shall meet and exceed all standards established by the Board. The certification that such standards have been met and exceeded shall be made by the Vice Chancellor for Academic Affairs at the University of Illinois at Urbana-Champaign. The Board shall select and certify all other schools within the State of Illinois for the purpose of providing basic training for probationary police officers, probationary county corrections officers, and court security officers and of providing advanced or in-service training for permanent police officers or permanent county corrections officers, which schools may be either publicly or privately owned and operated. In addition, the Board has the following power and duties:

a. To require local governmental units to furnish such reports and information as the Board deems necessary to fully implement this Act.

b. To establish appropriate mandatory minimum standards relating to the training of probationary local law enforcement officers or probationary county corrections officers.

c. To provide appropriate certification to those probationary officers who successfully complete the prescribed minimum standard basic training course.

d. To review and approve annual training curriculum for county sheriffs.

e. To review and approve applicants to ensure no applicant is admitted to a certified academy unless the applicant is a person of good character and has not been convicted of a felony offense, any of the misdemeanors in Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961, subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, or Section 5 or 5.2 of the Cannabis Control Act, or a crime involving moral turpitude under the laws of this State or any other state which if committed in this State would be punishable as a felony or a crime of moral turpitude. The Board may appoint investigators who shall enforce the duties conferred upon the Board by this Act.

(Source: P.A. 96-1551, eff. 7-1-11.)

(50 ILCS 705/9) (from Ch. 85, par. 509)

Sec. 9. A special fund is hereby established in the State Treasury to be known as "The Traffic and Criminal Conviction Surcharge Fund" and shall be financed as provided in Section 9.1 of this Act and Section 5-9-1 of the "Unified Code of Corrections", unless the fines, costs or additional amounts imposed are subject to disbursement by the circuit clerk under Section 27.5 of the Clerks of Courts Act. Moneys in this Fund shall be expended as follows:

(1) A portion of the total amount deposited in the Fund may be used, as appropriated by the General Assembly, for the ordinary and contingent expenses of the Illinois Law Enforcement Training Standards Board;

(2) A portion of the total amount deposited in the Fund shall be appropriated for the reimbursement of local governmental agencies participating in training programs certified by the Board, in an amount equaling 1/2 of the total sum paid by such agencies during the State's previous fiscal year for mandated training for probationary police officers or probationary county corrections officers and for optional advanced and specialized law enforcement or county corrections training. These reimbursements may include the costs for tuition at training schools, the salaries of trainees while in schools, and the necessary travel and room and board expenses for each trainee. If the appropriations under this paragraph (2) are not sufficient to fully reimburse the participating local governmental agencies, the available funds shall be apportioned among such agencies, with priority first given to repayment of the costs of mandatory training given to law enforcement officer or county corrections officer recruits, then to repayment of costs of advanced or specialized training for permanent police officers or permanent county corrections officers;

(3) A portion of the total amount deposited in the Fund may be used to fund the "Intergovernmental Law Enforcement Officer's In-Service Training Act", veto overridden October 29, 1981, as now or hereafter amended, at a rate and method to be determined by the board;

(4) A portion of the Fund also may be used by the Illinois Department of State Police for expenses incurred in the training of employees from any State, county or municipal agency whose function includes enforcement of criminal or traffic law;

(5) A portion of the Fund may be used by the Board to fund grant-in-aid programs and services for the training of employees from any county or municipal agency whose functions include corrections or the enforcement of criminal or traffic law.

(6) A portion of the Fund shall be used for expenses incurred by the Police Training Institute at the University of Illinois in accordance with Section 4 of the Police Training Institute Act.

All payments from The Traffic and Criminal Conviction Surcharge Fund shall be made each year from moneys appropriated for the purposes specified in this Section. No more than 50% of any appropriation under this Act shall be spent in any city having a population of more than 500,000. The State Comptroller and the State Treasurer shall from time to time, at the direction of the Governor, transfer from The Traffic and Criminal Conviction Surcharge Fund to the General Revenue Fund in the State Treasury such amounts as the Governor determines are in excess of the amounts required to meet the obligations of The Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 88-586, eff. 8-12-94; 89-464, eff. 6-13-96.)

Section 10. The Police Training Institute Act is amended by changing Section 4 as follows:

(110 ILCS 370/4) (from Ch. 144, par. 63d)

Sec. 4. The sum of $30,000.00 or so much thereof as may be necessary is appropriated to the trustees of the University of Illinois for the purpose of carrying out the provisions of this Act. In addition, an annual sum sufficient to reimburse the University of Illinois for one half of the cost of training recruits in the previous year shall be appropriated from the Traffic and Criminal Conviction Surcharge Fund to the Board of Trustees of the University of Illinois for the purpose of carrying out the provisions of this Act.

(Source: Laws 1955, p. 1096.)

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