100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3338

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
15 ILCS 15/3.1  from Ch. 127, par. 1803.1
50 ILCS 705/5  from Ch. 85, par. 505
50 ILCS 705/6  from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.2
50 ILCS 705/8  from Ch. 85, par. 508
50 ILCS 705/10.4
50 ILCS 710/5  from Ch. 85, par. 519
430 ILCS 66/65

    Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board must review the law enforcement, correctional, or court security officer's (currently, police officer) conduct and records to ensure that no officer is certified or provided a valid waiver if that officer has been convicted of a felony offense under the laws of this State or any other state which if committed in this State would be punishable as a felony. Provides that appointed investigators shall be vested with full police powers and authorized to conduct criminal background inquiries using a recognized national law enforcement database or an independent background investigation. Provides that the Board must also ensure that no officer is certified or provided a valid waiver if that officer has been convicted of aggravated battery, domestic battery, violation of an order of protection, or interfering with the reporting of domestic violence, or an offense that would be similar in any other state. Provides that the Peace Officer and Probation Officer Firearm Training Act shall not be subject to home rule preemption under Article VII of the Illinois Constitution. Amends the Firearm Concealed Carry Act. Provides that active and retired law enforcement officers authorized to carry a firearm under the laws of this State or federal law are not subject to a provision providing that the owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control, but that the owner must post a sign in accordance with the Act indicating that firearms are prohibited on the property, unless the property is a private residence. Makes other changes. Effective immediately.


LRB100 04251 SLF 14257 b

 

 

A BILL FOR

 

HB3338LRB100 04251 SLF 14257 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by wireless
25    carriers under the Wireless Emergency Telephone Safety
26    Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) (dd) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under Sections 6.2 and 10.4 of the Illinois Police Training
16    Act.
17(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
18eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1999-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2099-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
218-19-16; revised 9-1-16.)
 
22    Section 10. The Executive Reorganization Implementation
23Act is amended by changing Section 3.1 as follows:
 
24    (15 ILCS 15/3.1)  (from Ch. 127, par. 1803.1)

 

 

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1    Sec. 3.1. "Agency directly responsible to the Governor" or
2"agency" means any office, officer, division, or part thereof,
3and any other office, nonelective officer, department,
4division, bureau, board, or commission in the executive branch
5of State government, except that it does not apply to any
6agency whose primary function is service to the General
7Assembly or the Judicial Branch of State government, or to any
8agency administered by the Attorney General, Secretary of
9State, State Comptroller or State Treasurer. In addition the
10term does not apply to the following agencies created by law
11with the primary responsibility of exercising regulatory or
12adjudicatory functions independently of the Governor:
13    (1) the State Board of Elections;
14    (2) the State Board of Education;
15    (3) the Illinois Commerce Commission;
16    (4) the Illinois Workers' Compensation Commission;
17    (5) the Civil Service Commission;
18    (6) the Fair Employment Practices Commission;
19    (7) the Pollution Control Board;
20    (8) the Department of State Police Merit Board;
21    (9) the Illinois Racing Board;
22    (10) the Illinois Power Agency; and
23    (11) the Illinois Law Enforcement Training Standards
24Board.
25(Source: P.A. 96-796, eff. 10-29-09; 97-618, eff. 10-26-11.)
 

 

 

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1    Section 15. The Illinois Police Training Act is amended by
2changing Sections 5, 6, 6.1, 6.2, 8, and 10.4 as follows:
 
3    (50 ILCS 705/5)  (from Ch. 85, par. 505)
4    Sec. 5. The Board may accept contributions, capital grants,
5gifts, donations, real property, services or other financial
6assistance from any individual, association, corporation or
7other organization, having a legitimate interest in police
8training, and from the United States of America and any of its
9agencies or instrumentalities, corporate or otherwise.
10(Source: P.A. 81-1509.)
 
11    (50 ILCS 705/6)  (from Ch. 85, par. 506)
12    Sec. 6. Powers and duties of the Board; selection and
13certification of schools. The Board shall select and certify
14schools within the State of Illinois for the purpose of
15providing basic training for probationary police officers,
16probationary county corrections officers, and court security
17officers and of providing advanced or in-service training for
18permanent police officers or permanent county corrections
19officers, which schools may be either publicly or privately
20owned and operated. In addition, the Board has the following
21power and duties:
22        a. To require local governmental units to furnish such
23    reports and information as the Board deems necessary to
24    fully implement this Act.

 

 

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1        b. To establish appropriate mandatory minimum
2    standards relating to the training of probationary local
3    law enforcement officers or probationary county
4    corrections officers, and in-service training of permanent
5    police officers.
6        c. To provide appropriate certification to those
7    probationary officers who successfully complete the
8    prescribed minimum standard basic training course.
9        d. To review and approve annual training curriculum for
10    county sheriffs.
11        e. To review and approve applicants to ensure that no
12    applicant is admitted to a certified academy unless the
13    applicant is a person of good character and has not been
14    convicted of a felony offense in this State or under the
15    laws of another state, or , any of the misdemeanors in
16    Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
17    12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
18    32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal
19    Code of 2012, subdivision (a)(1) or (a)(2)(C) of Section
20    11-14.3 of the Criminal Code of 1961 or the Criminal Code
21    of 2012, or subsection (a) of Section 17-32 of the Criminal
22    Code of 1961 or the Criminal Code of 2012, or Section 5 or
23    5.2 of the Cannabis Control Act, or a crime involving moral
24    turpitude under the laws of this State or any other state
25    which if committed in this State would be punishable as a
26    felony or a crime of moral turpitude. The Board may appoint

 

 

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1    investigators who shall enforce the duties conferred upon
2    the Board by this Act. Appointed investigators under this
3    Section shall be vested with full police powers authorized
4    to conduct criminal background inquiries using a
5    recognized national law enforcement database or an
6    independent background investigation.
7(Source: P.A. 99-352, eff. 1-1-16.)
 
8    (50 ILCS 705/6.1)
9    Sec. 6.1. Decertification of law enforcement,
10correctional, or court security officers full-time and
11part-time police officers.
12    (a) The Board must review the law enforcement,
13correctional, or court security officer's police officer
14conduct and records to ensure that no police officer is
15certified or provided a valid waiver if that police officer has
16been convicted of a felony offense under the laws of this State
17or any other state which if committed in this State would be
18punishable as a felony. The Board must also ensure that no
19police officer is certified or provided a valid waiver if that
20police officer has been convicted on or after the effective
21date of this amendatory Act of 1999 of any misdemeanor
22specified in this Section or if committed in any other state
23would be an offense similar to Section 11-1.50, 11-6, 11-9.1,
2411-14, 11-17, 11-19, 12-2, 12-3.05, 12-3.2, 12-3.4, 12-3.5,
2512-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a,

 

 

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1or 32-7 of the Criminal Code of 1961 or the Criminal Code of
22012, to subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of
3the Criminal Code of 1961 or the Criminal Code of 2012, or
4subsection (a) of Section 17-32 of the Criminal Code of 1961 or
5the Criminal Code of 2012, or to Section 5 or 5.2 of the
6Cannabis Control Act. The Board must appoint investigators to
7enforce the duties conferred upon the Board by this Act and the
8investigators shall be vested with full police powers.
9    (b) It is the responsibility of the sheriff or the chief
10executive officer of every local law enforcement agency or
11department within this State to report to the Board any arrest
12or conviction of any officer for an offense identified in this
13Section.
14    (c) It is the duty and responsibility of every certified or
15waived full-time and part-time police officer in this State to
16report to the Board within 30 days, and the officer's sheriff
17or chief executive officer, of his or her arrest or conviction
18for an offense identified in this Section. Any full-time or
19part-time police officer who knowingly makes, submits, causes
20to be submitted, or files a false or untruthful report to the
21Board must have his or her certificate or waiver immediately
22decertified or revoked.
23    (d) Any person, or a local or State agency, or the Board is
24immune from liability for submitting, disclosing, or releasing
25information of arrests or convictions in this Section as long
26as the information is submitted, disclosed, or released in good

 

 

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1faith and without malice. The Board has qualified immunity for
2the release of the information.
3    (e) Any full-time or part-time police officer with a
4certificate or waiver issued by the Board who is convicted of
5any offense described in this Section immediately becomes
6decertified or no longer has a valid waiver. The
7decertification and invalidity of waivers occurs as a matter of
8law. Failure of a convicted person to report to the Board his
9or her conviction as described in this Section or any continued
10law enforcement practice after receiving a conviction is a
11Class 4 felony.
12    (f) The Board's investigators are peace officers and have
13all the powers possessed by policemen in cities and by
14sheriff's and , provided that the investigators may exercise
15those powers anywhere in the State, only after contact and
16cooperation with the appropriate local law enforcement
17authorities.
18    (g) The Board may must request and receive information and
19assistance from any federal, state, or local governmental
20agency as part of the authorized criminal background
21investigation. The Department of State Police must process,
22retain, and additionally provide and disseminate information
23to the Board concerning criminal charges, arrests,
24convictions, and their disposition, that have been filed
25before, on, or after the effective date of this amendatory Act
26of the 91st General Assembly against an a basic academy

 

 

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1applicant, law enforcement, correctional, or court security
2applicant, or law enforcement, correctional or court security
3officer whose fingerprint identification cards are on file or
4maintained by the Department of State Police. The Federal
5Bureau of Investigation must provide the Board any criminal
6history record information contained in its files pertaining to
7law enforcement, correctional or court security officers or any
8applicant to a Board certified basic law enforcement academy as
9described in this Act based on fingerprint identification. The
10Board must make payment of fees to the Department of State
11Police for each fingerprint card submission in conformance with
12the requirements of paragraph 22 of Section 55a of the Civil
13Administrative Code of Illinois.
14    (h) An A police officer who has been certified or granted a
15valid waiver shall also be decertified or have his or her
16waiver revoked upon a determination by the Illinois Labor
17Relations Board State Panel that he or she, while under oath,
18has knowingly and willfully made false statements as to a
19material fact going to an element of the offense of murder. If
20an appeal is filed, the determination shall be stayed.
21        (1) In the case of an acquittal on a charge of murder,
22    a verified complaint may be filed:
23            (A) by the defendant; or
24            (B) by an a police officer with personal knowledge
25        of perjured testimony.
26        The complaint must allege that an a police officer,

 

 

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1    while under oath, knowingly and willfully made false
2    statements as to a material fact going to an element of the
3    offense of murder. The verified complaint must be filed
4    with the Executive Director of the Illinois Law Enforcement
5    Training Standards Board within 2 years of the judgment of
6    acquittal.
7        (2) Within 30 days, the Executive Director of the
8    Illinois Law Enforcement Training Standards Board shall
9    review the verified complaint and determine whether the
10    verified complaint is frivolous and without merit, or
11    whether further investigation is warranted. The Illinois
12    Law Enforcement Training Standards Board shall notify the
13    officer and the Executive Director of the Illinois Labor
14    Relations Board State Panel of the filing of the complaint
15    and any action taken thereon. If the Executive Director of
16    the Illinois Law Enforcement Training Standards Board
17    determines that the verified complaint is frivolous and
18    without merit, it shall be dismissed. The Executive
19    Director of the Illinois Law Enforcement Training
20    Standards Board has sole discretion to make this
21    determination and this decision is not subject to appeal.
22    (i) If the Executive Director of the Illinois Law
23Enforcement Training Standards Board determines that the
24verified complaint warrants further investigation, he or she
25shall refer the matter to a task force of investigators created
26for this purpose. This task force shall consist of 8 sworn

 

 

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1police officers: 2 from the Illinois State Police, 2 from the
2City of Chicago Police Department, 2 from county police
3departments, and 2 from municipal police departments. These
4investigators shall have a minimum of 5 years of experience in
5conducting criminal investigations. The investigators shall be
6appointed by the Executive Director of the Illinois Law
7Enforcement Training Standards Board. Any officer or officers
8acting in this capacity pursuant to this statutory provision
9will have statewide police authority while acting in this
10investigative capacity. Their salaries and expenses for the
11time spent conducting investigations under this paragraph
12shall be reimbursed by the Illinois Law Enforcement Training
13Standards Board.
14    (j) Once the Executive Director of the Illinois Law
15Enforcement Training Standards Board has determined that an
16investigation is warranted, the verified complaint shall be
17assigned to an investigator or investigators. The investigator
18or investigators shall conduct an investigation of the verified
19complaint and shall write a report of his or her findings. This
20report shall be submitted to the Executive Director of the
21Illinois Labor Relations Board State Panel.
22    Within 30 days, the Executive Director of the Illinois
23Labor Relations Board State Panel shall review the
24investigative report and determine whether sufficient evidence
25exists to conduct an evidentiary hearing on the verified
26complaint. If the Executive Director of the Illinois Labor

 

 

HB3338- 16 -LRB100 04251 SLF 14257 b

1Relations Board State Panel determines upon his or her review
2of the investigatory report that a hearing should not be
3conducted, the complaint shall be dismissed. This decision is
4in the Executive Director's sole discretion, and this dismissal
5may not be appealed.
6    If the Executive Director of the Illinois Labor Relations
7Board State Panel determines that there is sufficient evidence
8to warrant a hearing, a hearing shall be ordered on the
9verified complaint, to be conducted by an administrative law
10judge employed by the Illinois Labor Relations Board State
11Panel. The Executive Director of the Illinois Labor Relations
12Board State Panel shall inform the Executive Director of the
13Illinois Law Enforcement Training Standards Board and the
14person who filed the complaint of either the dismissal of the
15complaint or the issuance of the complaint for hearing. The
16Executive Director shall assign the complaint to the
17administrative law judge within 30 days of the decision
18granting a hearing.
19    (k) In the case of a finding of guilt on the offense of
20murder, if a new trial is granted on direct appeal, or a state
21post-conviction evidentiary hearing is ordered, based on a
22claim that an a police officer, under oath, knowingly and
23willfully made false statements as to a material fact going to
24an element of the offense of murder, the Illinois Labor
25Relations Board State Panel shall hold a hearing to determine
26whether the officer should be decertified if an interested

 

 

HB3338- 17 -LRB100 04251 SLF 14257 b

1party requests such a hearing within 2 years of the court's
2decision. The complaint shall be assigned to an administrative
3law judge within 30 days so that a hearing can be scheduled.
4    At the hearing, the accused officer shall be afforded the
5opportunity to:
6        (1) Be represented by counsel of his or her own
7    choosing;
8        (2) Be heard in his or her own defense;
9        (3) Produce evidence in his or her defense;
10        (4) Request that the Illinois Labor Relations Board
11    State Panel compel the attendance of witnesses and
12    production of related documents including but not limited
13    to court documents and records.
14    Once a case has been set for hearing, the verified
15complaint shall be referred to the Department of Professional
16Regulation. That office shall prosecute the verified complaint
17at the hearing before the administrative law judge. The
18Department of Professional Regulation shall have the
19opportunity to produce evidence to support the verified
20complaint and to request the Illinois Labor Relations Board
21State Panel to compel the attendance of witnesses and the
22production of related documents, including, but not limited to,
23court documents and records. The Illinois Labor Relations Board
24State Panel shall have the power to issue subpoenas requiring
25the attendance of and testimony of witnesses and the production
26of related documents including, but not limited to, court

 

 

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1documents and records and shall have the power to administer
2oaths.
3    The administrative law judge shall have the responsibility
4of receiving into evidence relevant testimony and documents,
5including court records, to support or disprove the allegations
6made by the person filing the verified complaint and, at the
7close of the case, hear arguments. If the administrative law
8judge finds that there is not clear and convincing evidence to
9support the verified complaint that the police officer has,
10while under oath, knowingly and willfully made false statements
11as to a material fact going to an element of the offense of
12murder, the administrative law judge shall make a written
13recommendation of dismissal to the Illinois Labor Relations
14Board State Panel. If the administrative law judge finds that
15there is clear and convincing evidence that the police officer
16has, while under oath, knowingly and willfully made false
17statements as to a material fact that goes to an element of the
18offense of murder, the administrative law judge shall make a
19written recommendation so concluding to the Illinois Labor
20Relations Board State Panel. The hearings shall be transcribed.
21The Executive Director of the Illinois Law Enforcement Training
22Standards Board shall be informed of the administrative law
23judge's recommended findings and decision and the Illinois
24Labor Relations Board State Panel's subsequent review of the
25recommendation.
26    (l) An officer named in any complaint filed pursuant to

 

 

HB3338- 19 -LRB100 04251 SLF 14257 b

1this Act shall be indemnified for his or her reasonable
2attorney's fees and costs by his or her employer. These fees
3shall be paid in a regular and timely manner. The State, upon
4application by the public employer, shall reimburse the public
5employer for the accused officer's reasonable attorney's fees
6and costs. At no time and under no circumstances will the
7accused officer be required to pay his or her own reasonable
8attorney's fees or costs.
9    (m) The accused officer shall not be placed on unpaid
10status because of the filing or processing of the verified
11complaint until there is a final non-appealable order
12sustaining his or her guilt and his or her certification is
13revoked. Nothing in this Act, however, restricts the public
14employer from pursuing discipline against the officer in the
15normal course and under procedures then in place.
16    (n) The Illinois Labor Relations Board State Panel shall
17review the administrative law judge's recommended decision and
18order and determine by a majority vote whether or not there was
19clear and convincing evidence that the accused officer, while
20under oath, knowingly and willfully made false statements as to
21a material fact going to the offense of murder. Within 30 days
22of service of the administrative law judge's recommended
23decision and order, the parties may file exceptions to the
24recommended decision and order and briefs in support of their
25exceptions with the Illinois Labor Relations Board State Panel.
26The parties may file responses to the exceptions and briefs in

 

 

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1support of the responses no later than 15 days after the
2service of the exceptions. If exceptions are filed by any of
3the parties, the Illinois Labor Relations Board State Panel
4shall review the matter and make a finding to uphold, vacate,
5or modify the recommended decision and order. If the Illinois
6Labor Relations Board State Panel concludes that there is clear
7and convincing evidence that the accused officer, while under
8oath, knowingly and willfully made false statements as to a
9material fact going to an element of the offense murder, the
10Illinois Labor Relations Board State Panel shall inform the
11Illinois Law Enforcement Training Standards Board and the
12Illinois Law Enforcement Training Standards Board shall revoke
13the accused officer's certification. If the accused officer
14appeals that determination to the Appellate Court, as provided
15by this Act, he or she may petition the Appellate Court to stay
16the revocation of his or her certification pending the court's
17review of the matter.
18    (o) None of the Illinois Labor Relations Board State
19Panel's findings or determinations shall set any precedent in
20any of its decisions decided pursuant to the Illinois Public
21Labor Relations Act by the Illinois Labor Relations Board State
22Panel or the courts.
23    (p) A party aggrieved by the final order of the Illinois
24Labor Relations Board State Panel may apply for and obtain
25judicial review of an order of the Illinois Labor Relations
26Board State Panel, in accordance with the provisions of the

 

 

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1Administrative Review Law, except that such judicial review
2shall be afforded directly in the Appellate Court for the
3district in which the accused officer resides. Any direct
4appeal to the Appellate Court shall be filed within 35 days
5from the date that a copy of the decision sought to be reviewed
6was served upon the party affected by the decision.
7    (q) Interested parties. Only interested parties to the
8criminal prosecution in which the police officer allegedly,
9while under oath, knowingly and willfully made false statements
10as to a material fact going to an element of the offense of
11murder may file a verified complaint pursuant to this Section.
12For purposes of this Section, "interested parties" shall be
13limited to the defendant and any police officer who has
14personal knowledge that the police officer who is the subject
15of the complaint has, while under oath, knowingly and willfully
16made false statements as to a material fact going to an element
17of the offense of murder.
18    (r) Semi-annual reports. The Executive Director of the
19Illinois Labor Relations Board shall submit semi-annual
20reports to the Governor, President, and Minority Leader of the
21Senate, and to the Speaker and Minority Leader of the House of
22Representatives beginning on June 30, 2004, indicating:
23        (1) the number of verified complaints received since
24    the date of the last report;
25        (2) the number of investigations initiated since the
26    date of the last report;

 

 

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1        (3) the number of investigations concluded since the
2    date of the last report;
3        (4) the number of investigations pending as of the
4    reporting date;
5        (5) the number of hearings held since the date of the
6    last report; and
7        (6) the number of officers decertified since the date
8    of the last report.
9    (s) An officer may voluntarily surrender his or her
10certificate at any time which shall have the effect of
11decertification.
12(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
13    (50 ILCS 705/6.2)
14    Sec. 6.2. Officer professional conduct database.
15    (a) All law enforcement agencies shall notify the Board of
16any final determination of willful violation of department or
17agency policy, official misconduct, or violation of law when:
18        (1) the officer is discharged or dismissed as a result
19    of the violation; or
20        (2) the officer resigns during the course of an
21    investigation and after the officer has been served notice
22    that he or she is under investigation that is based on the
23    commission of a Class 2 or greater felony.
24    The agency shall report to the Board within 30 days of a
25final decision of discharge or dismissal and final exhaustion

 

 

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1of any appeal, or resignation, and shall provide information
2regarding the nature of the violation.
3    (b) Upon receiving notification from a law enforcement
4agency, the Board must notify the law enforcement officer of
5the report and his or her right to provide a statement
6regarding the reported violation.
7    (c) The Board shall maintain a database readily available
8to any chief administrative officer, or his or her designee, of
9a law enforcement agency that shall show each reported
10instance, including the name of the officer, the nature of the
11violation, reason for the final decision of discharge or
12dismissal, and any statement provided by the officer. Records
13created, received, or retained under this Section are not
14subject to disclosure under the Freedom of Information Act.
15    (d) An officer identified under the officer professional
16conduct database shall be ineligible for a waiver of the
17requirements as provided under this Act.
18(Source: P.A. 99-352, eff. 1-1-16.)
 
19    (50 ILCS 705/8)  (from Ch. 85, par. 508)
20    Sec. 8. Participation required. All home rule local
21governmental units shall comply with Sections 8.1 and 8.2 and
22any other mandatory provisions of this Act and any
23corresponding administrative rule. This Act is a limitation on
24home rule powers under subsection (i) of Section 6 of Article
25VII of the Illinois Constitution.

 

 

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1(Source: P.A. 89-170, eff. 1-1-96.)
 
2    (50 ILCS 705/10.4)
3    Sec. 10.4. Weapon certification for retired law
4enforcement officers. The Board may initiate, administer, and
5conduct annual firearm certification courses consistent with
6the requirements enumerated in the Peace Officer and Probation
7Officer Firearm Training Act for retired law enforcement
8officers qualified under federal law to carry a concealed
9weapon. Records created, received, or retained under this
10Section are not subject to disclosure under the Freedom of
11Information Act.
12(Source: P.A. 98-725, eff. 1-1-15.)
 
13    Section 20. The Peace Officer and Probation Officer Firearm
14Training Act is amended by changing Section 5 as follows:
 
15    (50 ILCS 710/5)  (from Ch. 85, par. 519)
16    Sec. 5. This Act shall not be subject to home rule
17preemption under Section 6 of Article VII of the Illinois
18Constitution does not apply to any home rule unit.
19(Source: P.A. 79-652.)
 
20    Section 25. The Firearm Concealed Carry Act is amended by
21changing Section 65 as follows:
 

 

 

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1    (430 ILCS 66/65)
2    Sec. 65. Prohibited areas.
3    (a) A licensee under this Act shall not knowingly carry a
4firearm on or into:
5        (1) Any building, real property, and parking area under
6    the control of a public or private elementary or secondary
7    school.
8        (2) Any building, real property, and parking area under
9    the control of a pre-school or child care facility,
10    including any room or portion of a building under the
11    control of a pre-school or child care facility. Nothing in
12    this paragraph shall prevent the operator of a child care
13    facility in a family home from owning or possessing a
14    firearm in the home or license under this Act, if no child
15    under child care at the home is present in the home or the
16    firearm in the home is stored in a locked container when a
17    child under child care at the home is present in the home.
18        (3) Any building, parking area, or portion of a
19    building under the control of an officer of the executive
20    or legislative branch of government, provided that nothing
21    in this paragraph shall prohibit a licensee from carrying a
22    concealed firearm onto the real property, bikeway, or trail
23    in a park regulated by the Department of Natural Resources
24    or any other designated public hunting area or building
25    where firearm possession is permitted as established by the
26    Department of Natural Resources under Section 1.8 of the

 

 

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1    Wildlife Code.
2        (4) Any building designated for matters before a
3    circuit court, appellate court, or the Supreme Court, or
4    any building or portion of a building under the control of
5    the Supreme Court.
6        (5) Any building or portion of a building under the
7    control of a unit of local government.
8        (6) Any building, real property, and parking area under
9    the control of an adult or juvenile detention or
10    correctional institution, prison, or jail.
11        (7) Any building, real property, and parking area under
12    the control of a public or private hospital or hospital
13    affiliate, mental health facility, or nursing home.
14        (8) Any bus, train, or form of transportation paid for
15    in whole or in part with public funds, and any building,
16    real property, and parking area under the control of a
17    public transportation facility paid for in whole or in part
18    with public funds.
19        (9) Any building, real property, and parking area under
20    the control of an establishment that serves alcohol on its
21    premises, if more than 50% of the establishment's gross
22    receipts within the prior 3 months is from the sale of
23    alcohol. The owner of an establishment who knowingly fails
24    to prohibit concealed firearms on its premises as provided
25    in this paragraph or who knowingly makes a false statement
26    or record to avoid the prohibition on concealed firearms

 

 

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1    under this paragraph is subject to the penalty under
2    subsection (c-5) of Section 10-1 of the Liquor Control Act
3    of 1934.
4        (10) Any public gathering or special event conducted on
5    property open to the public that requires the issuance of a
6    permit from the unit of local government, provided this
7    prohibition shall not apply to a licensee who must walk
8    through a public gathering in order to access his or her
9    residence, place of business, or vehicle.
10        (11) Any building or real property that has been issued
11    a Special Event Retailer's license as defined in Section
12    1-3.17.1 of the Liquor Control Act during the time
13    designated for the sale of alcohol by the Special Event
14    Retailer's license, or a Special use permit license as
15    defined in subsection (q) of Section 5-1 of the Liquor
16    Control Act during the time designated for the sale of
17    alcohol by the Special use permit license.
18        (12) Any public playground.
19        (13) Any public park, athletic area, or athletic
20    facility under the control of a municipality or park
21    district, provided nothing in this Section shall prohibit a
22    licensee from carrying a concealed firearm while on a trail
23    or bikeway if only a portion of the trail or bikeway
24    includes a public park.
25        (14) Any real property under the control of the Cook
26    County Forest Preserve District.

 

 

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1        (15) Any building, classroom, laboratory, medical
2    clinic, hospital, artistic venue, athletic venue,
3    entertainment venue, officially recognized
4    university-related organization property, whether owned or
5    leased, and any real property, including parking areas,
6    sidewalks, and common areas under the control of a public
7    or private community college, college, or university.
8        (16) Any building, real property, or parking area under
9    the control of a gaming facility licensed under the
10    Riverboat Gambling Act or the Illinois Horse Racing Act of
11    1975, including an inter-track wagering location licensee.
12        (17) Any stadium, arena, or the real property or
13    parking area under the control of a stadium, arena, or any
14    collegiate or professional sporting event.
15        (18) Any building, real property, or parking area under
16    the control of a public library.
17        (19) Any building, real property, or parking area under
18    the control of an airport.
19        (20) Any building, real property, or parking area under
20    the control of an amusement park.
21        (21) Any building, real property, or parking area under
22    the control of a zoo or museum.
23        (22) Any street, driveway, parking area, property,
24    building, or facility, owned, leased, controlled, or used
25    by a nuclear energy, storage, weapons, or development site
26    or facility regulated by the federal Nuclear Regulatory

 

 

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1    Commission. The licensee shall not under any circumstance
2    store a firearm or ammunition in his or her vehicle or in a
3    compartment or container within a vehicle located anywhere
4    in or on the street, driveway, parking area, property,
5    building, or facility described in this paragraph.
6        (23) Any area where firearms are prohibited under
7    federal law.
8    (a-5) Nothing in this Act shall prohibit a public or
9private community college, college, or university from:
10        (1) prohibiting persons from carrying a firearm within
11    a vehicle owned, leased, or controlled by the college or
12    university;
13        (2) developing resolutions, regulations, or policies
14    regarding student, employee, or visitor misconduct and
15    discipline, including suspension and expulsion;
16        (3) developing resolutions, regulations, or policies
17    regarding the storage or maintenance of firearms, which
18    must include designated areas where persons can park
19    vehicles that carry firearms; and
20        (4) permitting the carrying or use of firearms for the
21    purpose of instruction and curriculum of officially
22    recognized programs, including but not limited to military
23    science and law enforcement training programs, or in any
24    designated area used for hunting purposes or target
25    shooting.
26    (a-10) The owner of private real property of any type may

 

 

HB3338- 30 -LRB100 04251 SLF 14257 b

1prohibit the carrying of concealed firearms on the property
2under his or her control. The owner must post a sign in
3accordance with subsection (d) of this Section indicating that
4firearms are prohibited on the property, unless the property is
5a private residence. Active and retired law enforcement
6officers authorized to carry a firearm under the laws of this
7State or federal law are not subject to the prohibitions of
8this subsection.
9    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
10this Section except under paragraph (22) or (23) of subsection
11(a), any licensee prohibited from carrying a concealed firearm
12into the parking area of a prohibited location specified in
13subsection (a), (a-5), or (a-10) of this Section shall be
14permitted to carry a concealed firearm on or about his or her
15person within a vehicle into the parking area and may store a
16firearm or ammunition concealed in a case within a locked
17vehicle or locked container out of plain view within the
18vehicle in the parking area. A licensee may carry a concealed
19firearm in the immediate area surrounding his or her vehicle
20within a prohibited parking lot area only for the limited
21purpose of storing or retrieving a firearm within the vehicle's
22trunk. For purposes of this subsection, "case" includes a glove
23compartment or console that completely encloses the concealed
24firearm or ammunition, the trunk of the vehicle, or a firearm
25carrying box, shipping box, or other container.
26    (c) A licensee shall not be in violation of this Section

 

 

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1while he or she is traveling along a public right of way that
2touches or crosses any of the premises under subsection (a),
3(a-5), or (a-10) of this Section if the concealed firearm is
4carried on his or her person in accordance with the provisions
5of this Act or is being transported in a vehicle by the
6licensee in accordance with all other applicable provisions of
7law.
8    (d) Signs stating that the carrying of firearms is
9prohibited shall be clearly and conspicuously posted at the
10entrance of a building, premises, or real property specified in
11this Section as a prohibited area, unless the building or
12premises is a private residence. Signs shall be of a uniform
13design as established by the Department and shall be 4 inches
14by 6 inches in size. The Department shall adopt rules for
15standardized signs to be used under this subsection.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.