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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 3. The Freedom of Information Act is amended by |
5 | | changing Section 7 as follows: |
6 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
7 | | Sec. 7. Exemptions.
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8 | | (1) When a request is made to inspect or copy a public |
9 | | record that contains information that is exempt from |
10 | | disclosure under this Section, but also contains information |
11 | | that is not exempt from disclosure, the public body may elect |
12 | | to redact the information that is exempt. The public body |
13 | | shall make the remaining information available for inspection |
14 | | and copying. Subject to this requirement, the following shall |
15 | | be exempt from inspection and copying:
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16 | | (a) Information specifically prohibited from |
17 | | disclosure by federal or
State law or rules and |
18 | | regulations implementing federal or State law.
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19 | | (b) Private information, unless disclosure is required |
20 | | by another provision of this Act, a State or federal law or |
21 | | a court order. |
22 | | (b-5) Files, documents, and other data or databases |
23 | | maintained by one or more law enforcement agencies and |
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1 | | specifically designed to provide information to one or |
2 | | more law enforcement agencies regarding the physical or |
3 | | mental status of one or more individual subjects. |
4 | | (c) Personal information contained within public |
5 | | records, the disclosure of which would constitute a |
6 | | clearly
unwarranted invasion of personal privacy, unless |
7 | | the disclosure is
consented to in writing by the |
8 | | individual subjects of the information. "Unwarranted |
9 | | invasion of personal privacy" means the disclosure of |
10 | | information that is highly personal or objectionable to a |
11 | | reasonable person and in which the subject's right to |
12 | | privacy outweighs any legitimate public interest in |
13 | | obtaining the information. The
disclosure of information |
14 | | that bears on the public duties of public
employees and |
15 | | officials shall not be considered an invasion of personal
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16 | | privacy.
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17 | | (d) Records in the possession of any public body |
18 | | created in the course of administrative enforcement
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19 | | proceedings, and any law enforcement or correctional |
20 | | agency for
law enforcement purposes,
but only to the |
21 | | extent that disclosure would:
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22 | | (i) interfere with pending or actually and |
23 | | reasonably contemplated
law enforcement proceedings |
24 | | conducted by any law enforcement or correctional
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25 | | agency that is the recipient of the request;
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26 | | (ii) interfere with active administrative |
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1 | | enforcement proceedings
conducted by the public body |
2 | | that is the recipient of the request;
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3 | | (iii) create a substantial likelihood that a |
4 | | person will be deprived of a fair trial or an impartial |
5 | | hearing;
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6 | | (iv) unavoidably disclose the identity of a |
7 | | confidential source, confidential information |
8 | | furnished only by the confidential source, or persons |
9 | | who file complaints with or provide information to |
10 | | administrative, investigative, law enforcement, or |
11 | | penal agencies; except that the identities of |
12 | | witnesses to traffic accidents, traffic accident |
13 | | reports, and rescue reports shall be provided by |
14 | | agencies of local government, except when disclosure |
15 | | would interfere with an active criminal investigation |
16 | | conducted by the agency that is the recipient of the |
17 | | request;
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18 | | (v) disclose unique or specialized investigative |
19 | | techniques other than
those generally used and known |
20 | | or disclose internal documents of
correctional |
21 | | agencies related to detection, observation or |
22 | | investigation of
incidents of crime or misconduct, and |
23 | | disclosure would result in demonstrable harm to the |
24 | | agency or public body that is the recipient of the |
25 | | request;
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26 | | (vi) endanger the life or physical safety of law |
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1 | | enforcement personnel
or any other person; or
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2 | | (vii) obstruct an ongoing criminal investigation |
3 | | by the agency that is the recipient of the request.
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4 | | (d-5) A law enforcement record created for law |
5 | | enforcement purposes and contained in a shared electronic |
6 | | record management system if the law enforcement agency |
7 | | that is the recipient of the request did not create the |
8 | | record, did not participate in or have a role in any of the |
9 | | events which are the subject of the record, and only has |
10 | | access to the record through the shared electronic record |
11 | | management system. |
12 | | (d-6) Records contained in the Officer Professional |
13 | | Conduct Database under Section 9.2 9.4 of the Illinois |
14 | | Police Training Act, except to the extent authorized under |
15 | | that Section. This includes the documents supplied to |
16 | | Illinois Law Enforcement Training Standards Board from the |
17 | | Illinois State Police and Illinois State Police Merit |
18 | | Board. |
19 | | (e) Records that relate to or affect the security of |
20 | | correctional
institutions and detention facilities.
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21 | | (e-5) Records requested by persons committed to the |
22 | | Department of Corrections, Department of Human Services |
23 | | Division of Mental Health, or a county jail if those |
24 | | materials are available in the library of the correctional |
25 | | institution or facility or jail where the inmate is |
26 | | confined. |
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1 | | (e-6) Records requested by persons committed to the |
2 | | Department of Corrections, Department of Human Services |
3 | | Division of Mental Health, or a county jail if those |
4 | | materials include records from staff members' personnel |
5 | | files, staff rosters, or other staffing assignment |
6 | | information. |
7 | | (e-7) Records requested by persons committed to the |
8 | | Department of Corrections or Department of Human Services |
9 | | Division of Mental Health if those materials are available |
10 | | through an administrative request to the Department of |
11 | | Corrections or Department of Human Services Division of |
12 | | Mental Health. |
13 | | (e-8) Records requested by a person committed to the |
14 | | Department of Corrections, Department of Human Services |
15 | | Division of Mental Health, or a county jail, the |
16 | | disclosure of which would result in the risk of harm to any |
17 | | person or the risk of an escape from a jail or correctional |
18 | | institution or facility. |
19 | | (e-9) Records requested by a person in a county jail |
20 | | or committed to the Department of Corrections or |
21 | | Department of Human Services Division of Mental Health, |
22 | | containing personal information pertaining to the person's |
23 | | victim or the victim's family, including, but not limited |
24 | | to, a victim's home address, home telephone number, work |
25 | | or school address, work telephone number, social security |
26 | | number, or any other identifying information, except as |
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1 | | may be relevant to a requester's current or potential case |
2 | | or claim. |
3 | | (e-10) Law enforcement records of other persons |
4 | | requested by a person committed to the Department of |
5 | | Corrections, Department of Human Services Division of |
6 | | Mental Health, or a county jail, including, but not |
7 | | limited to, arrest and booking records, mug shots, and |
8 | | crime scene photographs, except as these records may be |
9 | | relevant to the requester's current or potential case or |
10 | | claim. |
11 | | (f) Preliminary drafts, notes, recommendations, |
12 | | memoranda and other
records in which opinions are |
13 | | expressed, or policies or actions are
formulated, except |
14 | | that a specific record or relevant portion of a
record |
15 | | shall not be exempt when the record is publicly cited
and |
16 | | identified by the head of the public body. The exemption |
17 | | provided in
this paragraph (f) extends to all those |
18 | | records of officers and agencies
of the General Assembly |
19 | | that pertain to the preparation of legislative
documents.
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20 | | (g) Trade secrets and commercial or financial |
21 | | information obtained from
a person or business where the |
22 | | trade secrets or commercial or financial information are |
23 | | furnished under a claim that they are
proprietary, |
24 | | privileged, or confidential, and that disclosure of the |
25 | | trade
secrets or commercial or financial information would |
26 | | cause competitive harm to the person or business, and only |
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1 | | insofar as the claim directly applies to the records |
2 | | requested. |
3 | | The information included under this exemption includes |
4 | | all trade secrets and commercial or financial information |
5 | | obtained by a public body, including a public pension |
6 | | fund, from a private equity fund or a privately held |
7 | | company within the investment portfolio of a private |
8 | | equity fund as a result of either investing or evaluating |
9 | | a potential investment of public funds in a private equity |
10 | | fund. The exemption contained in this item does not apply |
11 | | to the aggregate financial performance information of a |
12 | | private equity fund, nor to the identity of the fund's |
13 | | managers or general partners. The exemption contained in |
14 | | this item does not apply to the identity of a privately |
15 | | held company within the investment portfolio of a private |
16 | | equity fund, unless the disclosure of the identity of a |
17 | | privately held company may cause competitive harm. |
18 | | Nothing contained in this
paragraph (g) shall be |
19 | | construed to prevent a person or business from
consenting |
20 | | to disclosure.
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21 | | (h) Proposals and bids for any contract, grant, or |
22 | | agreement, including
information which if it were |
23 | | disclosed would frustrate procurement or give
an advantage |
24 | | to any person proposing to enter into a contractor |
25 | | agreement
with the body, until an award or final selection |
26 | | is made. Information
prepared by or for the body in |
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1 | | preparation of a bid solicitation shall be
exempt until an |
2 | | award or final selection is made.
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3 | | (i) Valuable formulae,
computer geographic systems,
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4 | | designs, drawings and research data obtained or
produced |
5 | | by any public body when disclosure could reasonably be |
6 | | expected to
produce private gain or public loss.
The |
7 | | exemption for "computer geographic systems" provided in |
8 | | this paragraph
(i) does not extend to requests made by |
9 | | news media as defined in Section 2 of
this Act when the |
10 | | requested information is not otherwise exempt and the only
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11 | | purpose of the request is to access and disseminate |
12 | | information regarding the
health, safety, welfare, or |
13 | | legal rights of the general public.
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14 | | (j) The following information pertaining to |
15 | | educational matters: |
16 | | (i) test questions, scoring keys and other |
17 | | examination data used to
administer an academic |
18 | | examination;
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19 | | (ii) information received by a primary or |
20 | | secondary school, college, or university under its |
21 | | procedures for the evaluation of faculty members by |
22 | | their academic peers; |
23 | | (iii) information concerning a school or |
24 | | university's adjudication of student disciplinary |
25 | | cases, but only to the extent that disclosure would |
26 | | unavoidably reveal the identity of the student; and |
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1 | | (iv) course materials or research materials used |
2 | | by faculty members. |
3 | | (k) Architects' plans, engineers' technical |
4 | | submissions, and
other
construction related technical |
5 | | documents for
projects not constructed or developed in |
6 | | whole or in part with public funds
and the same for |
7 | | projects constructed or developed with public funds, |
8 | | including, but not limited to, power generating and |
9 | | distribution stations and other transmission and |
10 | | distribution facilities, water treatment facilities, |
11 | | airport facilities, sport stadiums, convention centers, |
12 | | and all government owned, operated, or occupied buildings, |
13 | | but
only to the extent
that disclosure would compromise |
14 | | security.
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15 | | (l) Minutes of meetings of public bodies closed to the
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16 | | public as provided in the Open Meetings Act until the |
17 | | public body
makes the minutes available to the public |
18 | | under Section 2.06 of the Open
Meetings Act.
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19 | | (m) Communications between a public body and an |
20 | | attorney or auditor
representing the public body that |
21 | | would not be subject to discovery in
litigation, and |
22 | | materials prepared or compiled by or for a public body in
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23 | | anticipation of a criminal, civil, or administrative |
24 | | proceeding upon the
request of an attorney advising the |
25 | | public body, and materials prepared or
compiled with |
26 | | respect to internal audits of public bodies.
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1 | | (n) Records relating to a public body's adjudication |
2 | | of employee grievances or disciplinary cases; however, |
3 | | this exemption shall not extend to the final outcome of |
4 | | cases in which discipline is imposed.
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5 | | (o) Administrative or technical information associated |
6 | | with automated
data processing operations, including, but |
7 | | not limited to, software,
operating protocols, computer |
8 | | program abstracts, file layouts, source
listings, object |
9 | | modules, load modules, user guides, documentation
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10 | | pertaining to all logical and physical design of |
11 | | computerized systems,
employee manuals, and any other |
12 | | information that, if disclosed, would
jeopardize the |
13 | | security of the system or its data or the security of
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14 | | materials exempt under this Section.
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15 | | (p) Records relating to collective negotiating matters
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16 | | between public bodies and their employees or |
17 | | representatives, except that
any final contract or |
18 | | agreement shall be subject to inspection and copying.
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19 | | (q) Test questions, scoring keys, and other |
20 | | examination data used to determine the qualifications of |
21 | | an applicant for a license or employment.
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22 | | (r) The records, documents, and information relating |
23 | | to real estate
purchase negotiations until those |
24 | | negotiations have been completed or
otherwise terminated. |
25 | | With regard to a parcel involved in a pending or
actually |
26 | | and reasonably contemplated eminent domain proceeding |
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1 | | under the Eminent Domain Act, records, documents, and
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2 | | information relating to that parcel shall be exempt except |
3 | | as may be
allowed under discovery rules adopted by the |
4 | | Illinois Supreme Court. The
records, documents, and |
5 | | information relating to a real estate sale shall be
exempt |
6 | | until a sale is consummated.
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7 | | (s) Any and all proprietary information and records |
8 | | related to the
operation of an intergovernmental risk |
9 | | management association or
self-insurance pool or jointly |
10 | | self-administered health and accident
cooperative or pool.
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11 | | Insurance or self insurance (including any |
12 | | intergovernmental risk management association or self |
13 | | insurance pool) claims, loss or risk management |
14 | | information, records, data, advice or communications.
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15 | | (t) Information contained in or related to |
16 | | examination, operating, or
condition reports prepared by, |
17 | | on behalf of, or for the use of a public
body responsible |
18 | | for the regulation or supervision of financial
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19 | | institutions, insurance companies, or pharmacy benefit |
20 | | managers, unless disclosure is otherwise
required by State |
21 | | law.
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22 | | (u) Information that would disclose
or might lead to |
23 | | the disclosure of
secret or confidential information, |
24 | | codes, algorithms, programs, or private
keys intended to |
25 | | be used to create electronic signatures under the Uniform |
26 | | Electronic Transactions Act.
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1 | | (v) Vulnerability assessments, security measures, and |
2 | | response policies
or plans that are designed to identify, |
3 | | prevent, or respond to potential
attacks upon a |
4 | | community's population or systems, facilities, or |
5 | | installations,
the destruction or contamination of which |
6 | | would constitute a clear and present
danger to the health |
7 | | or safety of the community, but only to the extent that
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8 | | disclosure could reasonably be expected to jeopardize the |
9 | | effectiveness of the
measures or the safety of the |
10 | | personnel who implement them or the public.
Information |
11 | | exempt under this item may include such things as details
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12 | | pertaining to the mobilization or deployment of personnel |
13 | | or equipment, to the
operation of communication systems or |
14 | | protocols, or to tactical operations.
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15 | | (w) (Blank). |
16 | | (x) Maps and other records regarding the location or |
17 | | security of generation, transmission, distribution, |
18 | | storage, gathering,
treatment, or switching facilities |
19 | | owned by a utility, by a power generator, or by the |
20 | | Illinois Power Agency.
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21 | | (y) Information contained in or related to proposals, |
22 | | bids, or negotiations related to electric power |
23 | | procurement under Section 1-75 of the Illinois Power |
24 | | Agency Act and Section 16-111.5 of the Public Utilities |
25 | | Act that is determined to be confidential and proprietary |
26 | | by the Illinois Power Agency or by the Illinois Commerce |
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1 | | Commission.
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2 | | (z) Information about students exempted from |
3 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
4 | | School Code, and information about undergraduate students |
5 | | enrolled at an institution of higher education exempted |
6 | | from disclosure under Section 25 of the Illinois Credit |
7 | | Card Marketing Act of 2009. |
8 | | (aa) Information the disclosure of which is
exempted |
9 | | under the Viatical Settlements Act of 2009.
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10 | | (bb) Records and information provided to a mortality |
11 | | review team and records maintained by a mortality review |
12 | | team appointed under the Department of Juvenile Justice |
13 | | Mortality Review Team Act. |
14 | | (cc) Information regarding interments, entombments, or |
15 | | inurnments of human remains that are submitted to the |
16 | | Cemetery Oversight Database under the Cemetery Care Act or |
17 | | the Cemetery Oversight Act, whichever is applicable. |
18 | | (dd) Correspondence and records (i) that may not be |
19 | | disclosed under Section 11-9 of the Illinois Public Aid |
20 | | Code or (ii) that pertain to appeals under Section 11-8 of |
21 | | the Illinois Public Aid Code. |
22 | | (ee) The names, addresses, or other personal |
23 | | information of persons who are minors and are also |
24 | | participants and registrants in programs of park |
25 | | districts, forest preserve districts, conservation |
26 | | districts, recreation agencies, and special recreation |
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1 | | associations. |
2 | | (ff) The names, addresses, or other personal |
3 | | information of participants and registrants in programs of |
4 | | park districts, forest preserve districts, conservation |
5 | | districts, recreation agencies, and special recreation |
6 | | associations where such programs are targeted primarily to |
7 | | minors. |
8 | | (gg) Confidential information described in Section |
9 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
10 | | 2012. |
11 | | (hh) The report submitted to the State Board of |
12 | | Education by the School Security and Standards Task Force |
13 | | under item (8) of subsection (d) of Section 2-3.160 of the |
14 | | School Code and any information contained in that report. |
15 | | (ii) Records requested by persons committed to or |
16 | | detained by the Department of Human Services under the |
17 | | Sexually Violent Persons Commitment Act or committed to |
18 | | the Department of Corrections under the Sexually Dangerous |
19 | | Persons Act if those materials: (i) are available in the |
20 | | library of the facility where the individual is confined; |
21 | | (ii) include records from staff members' personnel files, |
22 | | staff rosters, or other staffing assignment information; |
23 | | or (iii) are available through an administrative request |
24 | | to the Department of Human Services or the Department of |
25 | | Corrections. |
26 | | (jj) Confidential information described in Section |
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1 | | 5-535 of the Civil Administrative Code of Illinois. |
2 | | (kk) The public body's credit card numbers, debit card |
3 | | numbers, bank account numbers, Federal Employer |
4 | | Identification Number, security code numbers, passwords, |
5 | | and similar account information, the disclosure of which |
6 | | could result in identity theft or impression or defrauding |
7 | | of a governmental entity or a person. |
8 | | (ll) Records concerning the work of the threat |
9 | | assessment team of a school district. |
10 | | (1.5) Any information exempt from disclosure under the |
11 | | Judicial Privacy Act shall be redacted from public records |
12 | | prior to disclosure under this Act. |
13 | | (2) A public record that is not in the possession of a |
14 | | public body but is in the possession of a party with whom the |
15 | | agency has contracted to perform a governmental function on |
16 | | behalf of the public body, and that directly relates to the |
17 | | governmental function and is not otherwise exempt under this |
18 | | Act, shall be considered a public record of the public body, |
19 | | for purposes of this Act. |
20 | | (3) This Section does not authorize withholding of |
21 | | information or limit the
availability of records to the |
22 | | public, except as stated in this Section or
otherwise provided |
23 | | in this Act.
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24 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
25 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
26 | | 6-25-21; 102-558, eff. 8-20-21; revised 10-4-21.) |
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1 | | Section 5. The Illinois State Police Act is amended by |
2 | | changing Sections 9, 12.6, and 46 as follows:
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3 | | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
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4 | | (Text of Section before amendment by P.A. 101-652 )
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5 | | Sec. 9. Appointment; qualifications.
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6 | | (a) Except as otherwise provided in this Section, the |
7 | | appointment of
Department of State Police officers shall be |
8 | | made from those applicants who
have been certified by the |
9 | | Board as being qualified for appointment. All
persons so |
10 | | appointed shall, at the time of their appointment, be not less |
11 | | than
21 years of age, or 20 years of age and have successfully |
12 | | completed an associate's degree or 60 credit hours at an |
13 | | accredited college or university. Any person
appointed |
14 | | subsequent to successful completion of an associate's degree |
15 | | or 60 credit hours at an accredited college or university |
16 | | shall not have power of arrest, nor shall he or she be |
17 | | permitted
to carry firearms, until he or she reaches 21 years |
18 | | of age. In addition,
all persons so certified for appointment |
19 | | shall be of sound mind and body, be of
good moral character, be |
20 | | citizens of the United States, have no criminal
records, |
21 | | possess such prerequisites of training, education, and |
22 | | experience as
the Board may from time to time prescribe so long |
23 | | as persons who have an associate's degree or 60 credit hours at |
24 | | an accredited college or university are not disqualified, and |
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1 | | shall be required to pass
successfully such mental and |
2 | | physical tests and examinations as may be
prescribed by the |
3 | | Board. All persons who meet one of the following requirements |
4 | | are deemed to have met the collegiate educational |
5 | | requirements: |
6 | | (i) have been honorably discharged and who have been |
7 | | awarded a Southwest Asia Service Medal, Kosovo Campaign |
8 | | Medal, Korean Defense Service Medal, Afghanistan Campaign |
9 | | Medal, Iraq Campaign Medal, or Global War on Terrorism |
10 | | Expeditionary Medal by the United States Armed Forces; |
11 | | (ii) are active members of the Illinois National Guard |
12 | | or a reserve component of the United States Armed Forces |
13 | | and who have been awarded a Southwest Asia Service Medal, |
14 | | Kosovo Campaign Medal, Korean Defense Service Medal, |
15 | | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global |
16 | | War on Terrorism Expeditionary Medal as a result of |
17 | | honorable service during deployment on active duty; |
18 | | (iii) have been honorably discharged who served in a |
19 | | combat mission by proof of hostile fire pay or imminent |
20 | | danger pay during deployment on active duty; or |
21 | | (iv) have at least 3 years of full active and |
22 | | continuous military duty and received an honorable |
23 | | discharge before hiring. |
24 | | Preference shall be given in such appointments to
persons |
25 | | who have honorably served in the military or naval services of |
26 | | the
United States. All appointees shall serve a probationary |
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1 | | period of 12 months
from the date of appointment and during |
2 | | that period may be discharged at the
will of the Director. |
3 | | However, the Director may in his or her sole discretion
extend |
4 | | the probationary period of an officer up to an additional 6 |
5 | | months when
to do so is deemed in the best interest of the |
6 | | Department. Nothing in this subsection (a) limits the Board's |
7 | | ability to prescribe education prerequisites or requirements |
8 | | to certify Department of State Police officers for promotion |
9 | | as provided in Section 10 of this Act.
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10 | | (b) Notwithstanding the other provisions of this Act, |
11 | | after July 1,
1977 and before July 1, 1980, the Director of |
12 | | State Police may appoint and
promote not more than 20 persons |
13 | | having special qualifications as special
agents as he or she |
14 | | deems necessary to carry out the Department's objectives. Any
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15 | | such appointment or promotion shall be ratified by the Board.
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16 | | (c) During the 90 days following the effective date of |
17 | | this amendatory Act
of 1995, the Director of State Police may |
18 | | appoint up to 25 persons as State
Police officers. These |
19 | | appointments shall be made in accordance with the
requirements |
20 | | of this subsection (c) and any additional criteria that may be
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21 | | established by the Director, but are not subject to any other |
22 | | requirements of
this Act. The Director may specify the initial |
23 | | rank for each person appointed
under this subsection.
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24 | | All appointments under this subsection (c) shall be made |
25 | | from personnel
certified by the Board. A person certified by |
26 | | the Board and appointed by the
Director under this subsection |
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1 | | must have been employed by the Illinois Commerce
Commission on |
2 | | November 30, 1994 in a job title
subject to the Personnel Code |
3 | | and in a position for which the person was
eligible to earn |
4 | | "eligible creditable service" as a "noncovered employee", as
|
5 | | those terms are defined in Article 14 of the Illinois Pension |
6 | | Code.
|
7 | | Persons appointed under this subsection (c) shall |
8 | | thereafter be subject to
the same requirements and procedures |
9 | | as other State police officers. A person
appointed under this |
10 | | subsection must serve a probationary period of 12 months
from |
11 | | the date of appointment, during which he or she may be |
12 | | discharged at the
will of the Director.
|
13 | | This subsection (c) does not affect or limit the |
14 | | Director's authority to
appoint other State Police officers |
15 | | under subsection (a) of this Section.
|
16 | | (Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20 .)
|
17 | | (Text of Section after amendment by P.A. 101-652 )
|
18 | | Sec. 9. Appointment; qualifications.
|
19 | | (a) Except as otherwise provided in this Section, the |
20 | | appointment of
Department of State Police officers shall be |
21 | | made from those applicants who
have been certified by the |
22 | | Board as being qualified for appointment. All
persons so |
23 | | appointed shall, at the time of their appointment, be not less |
24 | | than
21 years of age, or 20 years of age and have successfully |
25 | | completed an associate's degree or 60 credit hours at an |
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1 | | accredited college or university. Any person
appointed |
2 | | subsequent to successful completion of an associate's degree |
3 | | or 60 credit hours at an accredited college or university |
4 | | shall not have power of arrest, nor shall he or she be |
5 | | permitted
to carry firearms, until he or she reaches 21 years |
6 | | of age. In addition,
all persons so certified for appointment |
7 | | shall be of sound mind and body, be of
good moral character, be |
8 | | citizens of the United States, have no criminal
records, |
9 | | possess such prerequisites of training, education, and |
10 | | experience as
the Board may from time to time prescribe so long |
11 | | as persons who have an associate's degree or 60 credit hours at |
12 | | an accredited college or university are not disqualified, and |
13 | | shall be required to pass
successfully such mental and |
14 | | physical tests and examinations as may be
prescribed by the |
15 | | Board. All persons who meet one of the following requirements |
16 | | are deemed to have met the collegiate educational |
17 | | requirements: |
18 | | (i) have been honorably discharged and who have been |
19 | | awarded a Southwest Asia Service Medal, Kosovo Campaign |
20 | | Medal, Korean Defense Service Medal, Afghanistan Campaign |
21 | | Medal, Iraq Campaign Medal, or Global War on Terrorism |
22 | | Expeditionary Medal by the United States Armed Forces; |
23 | | (ii) are active members of the Illinois National Guard |
24 | | or a reserve component of the United States Armed Forces |
25 | | and who have been awarded a Southwest Asia Service Medal, |
26 | | Kosovo Campaign Medal, Korean Defense Service Medal, |
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1 | | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global |
2 | | War on Terrorism Expeditionary Medal as a result of |
3 | | honorable service during deployment on active duty; |
4 | | (iii) have been honorably discharged who served in a |
5 | | combat mission by proof of hostile fire pay or imminent |
6 | | danger pay during deployment on active duty; or |
7 | | (iv) have at least 3 years of full active and |
8 | | continuous military duty and received an honorable |
9 | | discharge before hiring. |
10 | | Preference shall be given in such appointments to
persons |
11 | | who have honorably served in the military or naval services of |
12 | | the
United States. All appointees shall serve a probationary |
13 | | period of 12 months
from the date of appointment and during |
14 | | that period may be discharged at the
will of the Director. |
15 | | However, the Director may in his or her sole discretion
extend |
16 | | the probationary period of an officer up to an additional 6 |
17 | | months when
to do so is deemed in the best interest of the |
18 | | Department. Nothing in this subsection (a) limits the Board's |
19 | | ability to prescribe education prerequisites or requirements |
20 | | to certify Department of State Police officers for promotion |
21 | | as provided in Section 10 of this Act.
|
22 | | (b) Notwithstanding the other provisions of this Act, |
23 | | after July 1,
1977 and before July 1, 1980, the Director of |
24 | | State Police may appoint and
promote not more than 20 persons |
25 | | having special qualifications as special
agents as he or she |
26 | | deems necessary to carry out the Department's objectives. Any
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1 | | such appointment or promotion shall be ratified by the Board.
|
2 | | (c) During the 90 days following the effective date of |
3 | | this amendatory Act
of 1995, the Director of State Police may |
4 | | appoint up to 25 persons as State
Police officers. These |
5 | | appointments shall be made in accordance with the
requirements |
6 | | of this subsection (c) and any additional criteria that may be
|
7 | | established by the Director, but are not subject to any other |
8 | | requirements of
this Act. The Director may specify the initial |
9 | | rank for each person appointed
under this subsection.
|
10 | | All appointments under this subsection (c) shall be made |
11 | | from personnel
certified by the Board. A person certified by |
12 | | the Board and appointed by the
Director under this subsection |
13 | | must have been employed by the Illinois Commerce
Commission on |
14 | | November 30, 1994 in a job title
subject to the Personnel Code |
15 | | and in a position for which the person was
eligible to earn |
16 | | "eligible creditable service" as a "noncovered employee", as
|
17 | | those terms are defined in Article 14 of the Illinois Pension |
18 | | Code.
|
19 | | Persons appointed under this subsection (c) shall |
20 | | thereafter be subject to
the same requirements and procedures |
21 | | as other State police officers. A person
appointed under this |
22 | | subsection must serve a probationary period of 12 months
from |
23 | | the date of appointment, during which he or she may be |
24 | | discharged at the
will of the Director.
|
25 | | This subsection (c) does not affect or limit the |
26 | | Director's authority to
appoint other State Police officers |
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1 | | under subsection (a) of this Section. |
2 | | (d) During the 180 days following the effective date of |
3 | | this amendatory Act of the 101st General Assembly, the |
4 | | Director of the Illinois State Police may appoint current |
5 | | Illinois State Police Employees serving in law enforcement |
6 | | officer positions previously within Central Management |
7 | | Services as State Police Officers. These appointments shall be |
8 | | made in accordance with the requirements of this subsection |
9 | | (d) and any institutional criteria that may be established by |
10 | | the Director, but are not subject to any other requirements of |
11 | | this Act.
All appointments under this subsection (d) shall be |
12 | | made from personnel certified by the Board. A person certified |
13 | | by the Board and appointed by the Director under this |
14 | | subsection must have been employed by the a state agency, |
15 | | board, or commission on January 1, 2021, in a job title subject |
16 | | to the Personnel Code and in a position for which the person |
17 | | was eligible to earn "eligible creditable service" as a |
18 | | "noncovered employee", as those terms are defined in Article |
19 | | 14 of the Illinois Pension Code.
Persons appointed under this |
20 | | subsection (d) shall thereafter be subject to the same |
21 | | requirements, and subject to the same contractual benefits and |
22 | | obligations, as other State police officers.
This subsection |
23 | | (d) does not affect or limit the Director's authority to |
24 | | appoint other State Police officers under subsection (a) of |
25 | | this Section. |
26 | | (e) The Merit Board shall review Illinois State Police |
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1 | | Cadet applicants. The Illinois State Police may provide |
2 | | background check and investigation material to the Board for |
3 | | their review
10
pursuant to this section. The Board shall |
4 | | approve and ensure that no cadet applicant is certified unless |
5 | | the applicant is a person of good character and has not been |
6 | | convicted of, or entered a plea of guilty to, a felony offense, |
7 | | any of the misdemeanors in Section or if committed in any other |
8 | | state would be an offense similar to 11-1.50, 11-6, 11-6.5, |
9 | | 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, |
10 | | 12-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, |
11 | | 28-3, 29-1, any misdemeanor in violation of any section of |
12 | | Part E of Title III of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code of |
14 | | 1961 or the Criminal Code of 2012, or subsection (a) of Section |
15 | | 17-32 of the Criminal Code of 1961 or the Criminal Code of |
16 | | 2012, to Section 5 or 5.2 of the Cannabis Control Act, or any |
17 | | felony or misdemeanor in violation of federal law or the law of |
18 | | any state that is the equivalent of any of the offenses |
19 | | specified therein. The Officer Misconduct Database, provided |
20 | | in Section 9.2 of the Illinois Police Training Act, shall be |
21 | | searched as part of this process. For purposes of this Section |
22 | | "convicted of, or entered a plea of guilty" regardless of |
23 | | whether the adjudication of guilt or sentence is withheld or |
24 | | not entered thereon. This includes sentences of supervision, |
25 | | conditional discharge, or first offender probation, or any |
26 | | similar disposition provided for by law. |
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1 | | (f) The Board shall by rule establish an application fee |
2 | | waiver program for any person who meets one or more of the |
3 | | following criteria: |
4 | | (1) his or her available personal income is 200% or |
5 | | less of the current poverty level; or |
6 | | (2) he or she is, in the discretion of the Board, |
7 | | unable to proceed in an action with payment of application |
8 | | fee and payment of that fee would result in substantial |
9 | | hardship to the person or the person's family.
|
10 | | (Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20; |
11 | | 101-652, eff. 1-1-22.)
|
12 | | (20 ILCS 2610/12.6) |
13 | | (This Section may contain text from a Public Act with a |
14 | | delayed effective date ) |
15 | | Sec. 12.6. Automatic termination of Illinois State Police |
16 | | officers. The Board shall terminate a state police officer |
17 | | convicted of a felony offense under the laws of this State or |
18 | | any other state which if committed in this State would be |
19 | | punishable as a felony. The Board must also terminate Illinois |
20 | | State Police officers who were convicted of, or entered a plea |
21 | | of guilty to, on or after the effective date of this amendatory |
22 | | Act of the 101st General Assembly, any misdemeanor specified |
23 | | in this Section or if committed in any other state would be an |
24 | | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, |
25 | | 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, |
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1 | | 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, |
2 | | any misdemeanor in violation of any section of Part E of Title |
3 | | III of the Criminal Code of 1961 or the Criminal Code of 2012, |
4 | | 32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal |
5 | | Code of 2012, or subsection (a) of Section 17-32 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, to Section |
7 | | 5 or 5.2 of the Cannabis Control Act, or any felony or |
8 | | misdemeanor in violation of federal law or the law of any state |
9 | | that is the equivalent of any of the offenses specified |
10 | | therein. The Illinois State Police Merit Board shall report |
11 | | terminations under this Section to the Officer Misconduct |
12 | | Database, provided in Section 9.2 of the Illinois Police |
13 | | Training Act. For purposes of this section "convicted of, or |
14 | | entered a plea of guilty" regardless of whether the |
15 | | adjudication of guilt or sentence is withheld or not entered |
16 | | thereon. This includes sentences of supervision, conditional |
17 | | discharge, or first offender probation, or any similar |
18 | | disposition provided for by law.
|
19 | | (Source: P.A. 101-652, eff. 1-1-22.) |
20 | | (20 ILCS 2610/46) |
21 | | (This Section may contain text from a Public Act with a |
22 | | delayed effective date ) |
23 | | Sec. 46. Officer Professional Conduct Database; reporting, |
24 | | transparency. |
25 | | (a) The Illinois State Police Merit Board shall be |
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1 | | responsible for reporting all required information contained |
2 | | in the Officer Misconduct Database, provided in Section 9.2 of |
3 | | the Illinois Police Training Act. |
4 | | (b) Before the Illinois State Police Merit Board certifies |
5 | | any Illinois State Police Cadet the Board shall conduct a |
6 | | search of all Illinois State Police Cadet applicants in the |
7 | | Officer Professional Conduct Database. |
8 | | (c) The database, documents, materials, or other |
9 | | information in the possession or control of the Board that are |
10 | | obtained by or disclosed to the Board pursuant to this |
11 | | subsection shall be confidential by law and privileged, shall |
12 | | not be subject to subpoena, and shall not be subject to |
13 | | discovery or admissible in evidence in any private civil |
14 | | action. However, the Board is authorized to use such |
15 | | documents, materials, or other information in furtherance of |
16 | | any regulatory or legal action brought as part of the Board's |
17 | | official duties. Unless otherwise required by law, the Board |
18 | | shall not disclose the database or make such documents, |
19 | | materials, or other information public without the prior |
20 | | written consent of the law enforcement governmental agency and |
21 | | the law enforcement officer. The Board nor any person who |
22 | | received documents, materials or other information shared |
23 | | pursuant to this subsection shall be required to testify in |
24 | | any private civil action concerning the database or any |
25 | | confidential documents, materials, or information subject to |
26 | | this subsection. |
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1 | | Nothing in this Section shall exempt a law enforcement |
2 | | agency from which the Board has obtained data, documents, |
3 | | materials, or other information or that has disclosed data, |
4 | | documents, materials, or other information to the Board from |
5 | | disclosing public records in accordance with the Freedom of |
6 | | Information Act. |
7 | | Nothing in this Section shall exempt a governmental agency |
8 | | from disclosing public records in accordance with the Freedom |
9 | | of Information Act.
|
10 | | (Source: P.A. 101-652, eff. 1-1-22.) |
11 | | Section 10. The Illinois Police Training Act is amended by |
12 | | changing Sections 1, 2, 3, 3.1, 6, 6.1, 6.3, 6.7, 7, 8.1, 8.2, |
13 | | 8.3, 8.4, 9.2, 10.1, 10.2, 10.6, 10.11, 10.12, 10.13, 10.16, |
14 | | 10.19, 10.20, and 10.22 and by reenacting Section 6.2 as |
15 | | follows:
|
16 | | (50 ILCS 705/1) (from Ch. 85, par. 501)
|
17 | | Sec. 1.
It is hereby declared as a matter of legislative |
18 | | determination that
in order to promote and protect citizen |
19 | | health, safety and welfare, it is
necessary and in the public |
20 | | interest to provide for the creation of the
Illinois Law |
21 | | Enforcement Training Standards Board for the purpose of
|
22 | | encouraging and aiding municipalities, counties, park |
23 | | districts, State
controlled universities, colleges, and public |
24 | | community colleges, and other
local governmental agencies of |
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1 | | this State , and participating State agencies in
their efforts |
2 | | to raise the level of law enforcement by upgrading and
|
3 | | maintaining a high level of training and standards for law |
4 | | enforcement
executives and officers, county corrections |
5 | | officers, sheriffs, and law enforcement support personnel |
6 | | under this Act. It is
declared to be the responsibility of the |
7 | | board to ensure the required
participation of the pertinent |
8 | | local governmental units in the programs
established under |
9 | | this Act, to encourage the voluntary participation of other
|
10 | | local governmental units and participating State agencies, to |
11 | | set standards,
develop and provide quality training and |
12 | | education, and to aid in the
establishment of adequate |
13 | | training facilities.
|
14 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
15 | | (50 ILCS 705/2) (from Ch. 85, par. 502)
|
16 | | (Text of Section before amendment by P.A. 101-652 )
|
17 | | Sec. 2. Definitions. As used in this Act, unless the |
18 | | context otherwise
requires:
|
19 | | "Board" means the Illinois Law Enforcement Training |
20 | | Standards Board.
|
21 | | "Local governmental agency" means any local governmental |
22 | | unit or
municipal corporation in this State. It does not |
23 | | include the State of
Illinois or any office, officer, |
24 | | department, division, bureau, board,
commission, or agency of |
25 | | the State, except that it does include a
State-controlled |
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1 | | university, college or public community college.
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2 | | "Police training school" means any school located within |
3 | | the State of
Illinois whether privately or publicly owned |
4 | | which offers a course in
police or county corrections training |
5 | | and has been approved by the Board.
|
6 | | "Probationary police officer" means a recruit law |
7 | | enforcement officer
required to successfully complete initial |
8 | | minimum basic training requirements
at a police training |
9 | | school to be eligible for permanent full-time
employment as a |
10 | | local law enforcement officer.
|
11 | | "Probationary part-time police officer" means a recruit |
12 | | part-time law
enforcement officer required to successfully |
13 | | complete initial minimum part-time
training requirements to be |
14 | | eligible for employment on a part-time basis as a
local law |
15 | | enforcement officer.
|
16 | | "Permanent police officer" means a law enforcement officer |
17 | | who has
completed his or her probationary period and is |
18 | | permanently employed on a
full-time basis as a local law |
19 | | enforcement officer by a participating local
governmental unit |
20 | | or as a security officer or campus policeman permanently
|
21 | | employed by a participating State-controlled university, |
22 | | college, or public
community college.
|
23 | | "Part-time police officer" means a law enforcement officer |
24 | | who has
completed his or her probationary period and is |
25 | | employed on a part-time basis
as a law enforcement officer by a |
26 | | participating unit of local government or as
a campus |
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1 | | policeman by a participating State-controlled university, |
2 | | college, or
public community college.
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3 | | "Law enforcement officer" means (i) any police officer of |
4 | | a local governmental
agency who is primarily responsible for
|
5 | | prevention or detection of crime and the enforcement of the |
6 | | criminal code,
traffic, or highway laws of this State or any |
7 | | political subdivision
of this State or (ii) any member of a |
8 | | police force appointed and maintained as provided in Section 2 |
9 | | of the Railroad Police Act.
|
10 | | "Recruit" means any full-time or part-time law
enforcement |
11 | | officer or
full-time
county corrections officer who is |
12 | | enrolled in an
approved training course.
|
13 | | "Probationary county corrections officer" means a recruit |
14 | | county
corrections officer required to successfully complete |
15 | | initial minimum basic
training requirements at a police |
16 | | training school to be eligible for permanent
employment on a |
17 | | full-time basis as a county corrections officer.
|
18 | | "Permanent county corrections officer" means a county |
19 | | corrections
officer who has completed his probationary period |
20 | | and is permanently employed
on a full-time basis as a county |
21 | | corrections officer by a participating
local governmental |
22 | | unit.
|
23 | | "County corrections officer" means any sworn
officer of |
24 | | the sheriff who is primarily responsible for the control and |
25 | | custody
of offenders, detainees or inmates.
|
26 | | "Probationary court security officer" means a recruit |
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1 | | court security
officer required to successfully complete |
2 | | initial minimum basic training
requirements at a designated |
3 | | training school to be eligible for employment as a
court |
4 | | security officer.
|
5 | | "Permanent court security officer" means a court security |
6 | | officer who has
completed his or her probationary period and |
7 | | is employed as a court
security officer by a participating |
8 | | local governmental unit.
|
9 | | "Court security officer" has the meaning ascribed to it in |
10 | | Section 3-6012.1
of the Counties Code.
|
11 | | (Source: P.A. 94-846, eff. 1-1-07.)
|
12 | | (Text of Section after amendment by P.A. 101-652 )
|
13 | | Sec. 2. Definitions. As used in this Act, unless the |
14 | | context otherwise
requires:
|
15 | | "Board" means the Illinois Law Enforcement Training |
16 | | Standards Board.
|
17 | | "Full-time law enforcement officer" means a law |
18 | | enforcement officer who has completed the officer's |
19 | | probationary period and is employed on a full-time basis as a |
20 | | law enforcement officer by a local government agency, State |
21 | | government agency, or as a campus police officer by a |
22 | | participating State-controlled university, college, or public |
23 | | community college. |
24 | | "Law Enforcement agency" means any entity with statutory |
25 | | police powers and the ability to employ individuals authorized |
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1 | | to make arrests. It does not include the Illinois State Police |
2 | | as defined in the State Police Act. A law enforcement agency |
3 | | may include any university, college, or community college. |
4 | | "Governmental agency" means any local governmental agency |
5 | | and any State governmental agency. |
6 | | "Local law enforcement governmental agency" means any law |
7 | | enforcement local governmental unit of government or
municipal |
8 | | corporation in this State. It does not include the State of
|
9 | | Illinois or any office, officer, department, division, bureau, |
10 | | board,
commission, or agency of the State, except that it does |
11 | | include a
State-controlled university, college or public |
12 | | community college.
|
13 | | "State law enforcement governmental agency" means any law |
14 | | enforcement agency governmental unit of this State. This |
15 | | includes any office, officer, department, division, bureau, |
16 | | board, commission, or agency of the State. It does not include |
17 | | the Illinois State Police as defined in the State Police Act. |
18 | | "Panel" means the Certification Review Panel. |
19 | | " Basic Police training school" means any school located |
20 | | within the State of
Illinois whether privately or publicly |
21 | | owned which offers a course in basic law enforcement
police or |
22 | | county corrections training and has been approved by the |
23 | | Board.
|
24 | | "Probationary police officer" means a recruit law |
25 | | enforcement officer
required to successfully complete initial |
26 | | minimum basic training requirements
at a basic police training |
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1 | | school to be eligible for permanent full-time
employment as a |
2 | | local law enforcement officer.
|
3 | | "Probationary part-time police officer" means a recruit |
4 | | part-time law
enforcement officer required to successfully |
5 | | complete initial minimum part-time
training requirements to be |
6 | | eligible for employment on a part-time basis as a
local law |
7 | | enforcement officer.
|
8 | | "Permanent law enforcement officer" means a law |
9 | | enforcement officer who has
completed the officer's |
10 | | probationary period and is permanently employed on a
full-time |
11 | | basis as a local law enforcement officer , by a participating |
12 | | local
governmental unit or as a security officer , or campus |
13 | | police officer permanently
employed by a law enforcement |
14 | | agency participating State-controlled university, college, or |
15 | | public
community college .
|
16 | | "Part-time law enforcement officer" means a law |
17 | | enforcement officer who has
completed the officer's |
18 | | probationary period and is employed on a part-time basis
as a |
19 | | law enforcement officer by a participating unit of local |
20 | | government or as
a campus police officer by a law enforcement |
21 | | agency participating State-controlled university, college, or
|
22 | | public community college .
|
23 | | "Law enforcement officer" means (i) any police officer of |
24 | | a law enforcement local governmental
agency who is primarily |
25 | | responsible for
prevention or detection of crime and the |
26 | | enforcement of the criminal code,
traffic, or highway laws of |
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1 | | this State or any political subdivision
of this State or (ii) |
2 | | any member of a police force appointed and maintained as |
3 | | provided in Section 2 of the Railroad Police Act.
|
4 | | "Recruit" means any full-time or part-time law
enforcement |
5 | | officer or
full-time
county corrections officer who is |
6 | | enrolled in an
approved training course.
|
7 | | "Review Committee" means the committee at the Board for |
8 | | certification disciplinary cases in which the Panel, a law |
9 | | enforcement officer, or a law enforcement agency may file for |
10 | | reconsideration of a decertification decision made by the |
11 | | Board. |
12 | | "Probationary county corrections officer" means a recruit |
13 | | county
corrections officer required to successfully complete |
14 | | initial minimum basic
training requirements at a basic police |
15 | | training school to be eligible for permanent
employment on a |
16 | | full-time basis as a county corrections officer.
|
17 | | "Permanent county corrections officer" means a county |
18 | | corrections
officer who has completed the officer's |
19 | | probationary period and is permanently employed
on a full-time |
20 | | basis as a county corrections officer by a participating law |
21 | | enforcement agency
local governmental unit .
|
22 | | "County corrections officer" means any sworn
officer of |
23 | | the sheriff who is primarily responsible for the control and |
24 | | custody
of offenders, detainees or inmates.
|
25 | | "Probationary court security officer" means a recruit |
26 | | court security
officer required to successfully complete |
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1 | | initial minimum basic training
requirements at a designated |
2 | | training school to be eligible for employment as a
court |
3 | | security officer.
|
4 | | "Permanent court security officer" means a court security |
5 | | officer who has
completed the officer's probationary period |
6 | | and is employed as a court
security officer by a participating |
7 | | law enforcement agency local governmental unit .
|
8 | | "Court security officer" has the meaning ascribed to it in |
9 | | Section 3-6012.1
of the Counties Code.
|
10 | | (Source: P.A. 101-652, eff. 1-1-22.)
|
11 | | (50 ILCS 705/3) (from Ch. 85, par. 503)
|
12 | | Sec. 3. Board; composition; appointments; tenure; |
13 | | vacancies. Board - composition - appointments - tenure - |
14 | | vacancies. |
15 | | (a) The Board
shall be composed of 18 members selected as |
16 | | follows: The Attorney
General of
the State of Illinois, the |
17 | | Director of the Illinois State Police, the Director of
|
18 | | Corrections, the Superintendent of the
Chicago Police |
19 | | Department, the Sheriff of Cook County, the Clerk of the |
20 | | Circuit Court of Cook County, who shall serve as ex officio |
21 | | members, and the following
to be appointed by the Governor: 2 |
22 | | mayors or village presidents of Illinois
municipalities, 2 |
23 | | Illinois county sheriffs from counties other than Cook
County, |
24 | | 2 managers of Illinois municipalities, 2 chiefs of municipal |
25 | | police
departments in Illinois having no Superintendent of the |
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1 | | Police Department on
the Board, 2 citizens of Illinois who |
2 | | shall be members of
an organized enforcement officers' |
3 | | association, one active member of a statewide association |
4 | | representing sheriffs, and one active member of a statewide |
5 | | association representing municipal police chiefs. The |
6 | | appointments of the Governor
shall be made on the first Monday |
7 | | of August in 1965 with 3 of the appointments
to be for a period |
8 | | of one year, 3 for 2 years, and 3 for 3 years. Their
successors |
9 | | shall be appointed in like manner for terms to expire the first
|
10 | | Monday of August each 3 years thereafter. All members shall |
11 | | serve until their
respective successors are appointed and |
12 | | qualify. Vacancies shall be filled by
the Governor for the |
13 | | unexpired terms. Any ex officio member may appoint a designee |
14 | | to the Board who shall have the same powers and immunities |
15 | | otherwise conferred to the member of the Board, including the |
16 | | power to vote and be counted toward quorum, so long as the |
17 | | member is not in attendance. |
18 | | (a-5) Within the Board is created a Review Committee. The |
19 | | Review Committee shall review disciplinary cases in which the |
20 | | Panel, the law enforcement officer, or the law enforcement |
21 | | agency file for reconsideration of a decertification decision |
22 | | made by the Board. The Review Committee shall be composed of 9 |
23 | | annually rotating members from the Board appointed by the |
24 | | Board Chairman. One member of the Review Committee shall be |
25 | | designated by the Board Chairman as the Chair. The Review |
26 | | Committee shall sit in 3 member panels composed of one member |
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1 | | representing law enforcement management, one member |
2 | | representing members of law enforcement, and one member who is |
3 | | not a current or former member of law enforcement. |
4 | | (b) When a Board member may have an actual, perceived, or |
5 | | potential conflict of interest or appearance of bias that |
6 | | could prevent the Board member from making a fair and |
7 | | impartial decision regarding decertification: |
8 | | (1) The Board member shall recuse himself or herself. |
9 | | (2) If the Board member fails to recuse himself or |
10 | | herself, then the Board may, by a simple majority of the |
11 | | remaining members, vote to recuse the Board member. Board |
12 | | members who are found to have voted on a matter in which |
13 | | they should have recused themselves may be removed from |
14 | | the Board by the Governor. |
15 | | A conflict of interest or appearance of bias may include, |
16 | | but is not limited to, matters where one of the following is a |
17 | | party to a decision on a decertification or formal complaint: |
18 | | someone with whom the member has an employment relationship; |
19 | | any of the following relatives: spouse, parents, children, |
20 | | adopted children, legal wards, stepchildren, step parents, |
21 | | step siblings, half siblings, siblings, parents-in-law, |
22 | | siblings-in-law, children-in-law, aunts, uncles, nieces, and |
23 | | nephews; a friend; or a member of a professional organization, |
24 | | association, or a union in which the member now actively |
25 | | serves. |
26 | | (c) A vacancy in members does not prevent a quorum of the |
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1 | | remaining sitting members from exercising all rights and |
2 | | performing all duties of the Board. |
3 | | (d) An individual serving on the Board shall not also |
4 | | serve on the Panel.
|
5 | | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; |
6 | | revised 10-13-21.)
|
7 | | (50 ILCS 705/3.1) |
8 | | (This Section may contain text from a Public Act with a |
9 | | delayed effective date ) |
10 | | Sec. 3.1. Illinois Law Enforcement Certification Review |
11 | | Panel. |
12 | | (a) There is hereby created the Illinois Law Enforcement |
13 | | Certification Review Panel. The Panel shall be composed of the |
14 | | following members, to be appointed in accordance with this |
15 | | Section no later than 30 days after the effective date of this |
16 | | amendatory Act of the 101st General Assembly. An individual |
17 | | serving on the Panel shall not also serve on the Board. |
18 | | (1) The Governor shall appoint 4 3 members as |
19 | | prescribed in this paragraph (1): one person who shall be |
20 | | an active member from a statewide association representing |
21 | | State's Attorneys; and 3 2 persons who shall be Illinois |
22 | | residents who are from communities with disproportionately |
23 | | high instances of interaction with law enforcement, as |
24 | | indicated by a high need, underserved community with high |
25 | | rates of gun violence, unemployment, child poverty, and |
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1 | | commitments to Illinois Department of Corrections, but who |
2 | | are not themselves law enforcement officers. The initial |
3 | | appointments of the Governor shall be for a period of 3 |
4 | | years. Their successors shall be appointed in like manner |
5 | | for terms to expire the first Monday of June each 3 years |
6 | | thereafter. All members shall serve until their respective |
7 | | successors are appointed and qualify. Vacancies shall be |
8 | | filled by the Governor for the unexpired terms. Terms |
9 | | shall run regardless of whether the position is vacant. |
10 | | (2) The Attorney General shall appoint 9 8 members as |
11 | | prescribed in this paragraph (2) . The membership shall |
12 | | have racial, ethnic, gender, and geographic diversity and |
13 | | include the following : two persons who shall be active |
14 | | members of statewide organization representing more than |
15 | | 20,000 active and retired law enforcement officers; one |
16 | | person who shall be an active member of a statewide |
17 | | organization representing more than 3,000 active and |
18 | | retired law enforcement officials; one person who shall be |
19 | | an active member of a statewide association representing a |
20 | | minimum of 75 sheriffs; one person who shall be an active |
21 | | member of a statewide association representing at least |
22 | | 200 municipal police chiefs; two persons who shall be |
23 | | active members of a minority law enforcement association; |
24 | | one person who shall be a representative of the victims' |
25 | | advocacy community but shall not be a member of law |
26 | | enforcement; and one person who shall be a resident of |
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1 | | Illinois and shall not be an employee of the Office of the |
2 | | Illinois Attorney General. The members shall serve for a |
3 | | 3-year term and until their respective successors are |
4 | | appointed and qualify. The members' successors shall be |
5 | | appointed in like manner for terms to expire the first |
6 | | Monday of June each 3 years thereafter. Any vacancy of |
7 | | these positions shall be filled by the Attorney General |
8 | | for the unexpired term. The term shall run regardless of |
9 | | whether the position is vacant. |
10 | | (b) The Panel shall annually elect by a simple majority |
11 | | vote one of its members as chairperson and one of its members |
12 | | as vice-chairperson. The vice-chairperson shall serve in the |
13 | | place of the chairperson at any meeting of the Panel in which |
14 | | the chairperson is not present. If both the chairperson and |
15 | | the vice-chairperson are absent at any meeting, the members |
16 | | present shall elect by a simple majority vote another member |
17 | | to serve as a temporary chairperson for the limited purpose of |
18 | | that meeting. No member shall be elected more than twice in |
19 | | succession to the same office. Each member shall serve until |
20 | | that member's successor has been elected and qualified. |
21 | | (c) The Board shall provide administrative assistance to |
22 | | the Panel. |
23 | | (d) The members of the Panel shall serve without |
24 | | compensation but shall be entitled to reimbursement for their |
25 | | actual and necessary expenses in attending meetings and in the |
26 | | performance of their duties hereunder. |
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1 | | (e) Members of the Panel will receive initial and annual |
2 | | training that is adequate in quality, quantity, scope, and |
3 | | type, and will cover, at minimum the following topics: |
4 | | (1) constitutional and other relevant law on |
5 | | police-community encounters, including the law on the use |
6 | | of force and stops, searches, and arrests; |
7 | | (2) police tactics; |
8 | | (3) investigations of police conduct; |
9 | | (4) impartial policing; |
10 | | (5) policing individuals in crisis; |
11 | | (6) Illinois police policies, procedures, and |
12 | | disciplinary rules; |
13 | | (7) procedural justice; and |
14 | | (8) community outreach. |
15 | | The Board shall determine the content and extent of the |
16 | | training within the scope provided for by this subsection. |
17 | | (f) The State shall indemnify and hold harmless members of |
18 | | the Panel for all of their acts, omissions, decisions, or |
19 | | other conduct
arising out of the scope of their service on the |
20 | | Panel, except those involving willful or wanton misconduct. |
21 | | The method of providing indemnification shall be as provided |
22 | | in the State Employee Indemnification Act. |
23 | | (g) When a Panel member may have an actual, perceived, or |
24 | | potential conflict of interest or appearance of bias that |
25 | | could prevent the Panel member from making a fair and |
26 | | impartial decision on a complaint or formal complaint: |
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1 | | (1) The Panel member shall self- recuse himself or |
2 | | herself . |
3 | | (2) If the Panel member fails to self- recuse himself |
4 | | or herself , then the remaining members of the Panel may, |
5 | | by a simple majority, vote to recuse the Panel member. Any |
6 | | Panel member who is found to have voted on a matter in |
7 | | which they should have self- recused themselves may be |
8 | | removed from the Panel by the State official who initially |
9 | | appointed the Panel member. A conflict of interest or |
10 | | appearance of bias may include, but is not limited to, |
11 | | matters where one of the following is a party to a |
12 | | certification decision for formal complaint: someone with |
13 | | whom the member has an employment relationship; any of the |
14 | | following relatives: spouse, parents, children, adopted |
15 | | children, legal wards, stepchildren, stepparents, step |
16 | | siblings, half siblings, siblings, parents-in-law, |
17 | | siblings-in-law, children-in-law, aunts, uncles, nieces, |
18 | | and nephews; a friend; or a member of a professional |
19 | | organization or , association , or a union in which the |
20 | | member now actively serves. |
21 | | (h) A vacancy in membership does not impair the ability of |
22 | | a quorum to exercise all rights and perform all duties of the |
23 | | Panel.
|
24 | | (i) Notwithstanding any provision of law to the contrary, |
25 | | the changes made to this Section by this amendatory Act of the |
26 | | 102nd General Assembly and Public Act 101-652 take effect July |
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1 | | 1, 2022. |
2 | | (Source: P.A. 101-652, eff. 1-1-22.)
|
3 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
|
4 | | (Text of Section before amendment by P.A. 101-652 ) |
5 | | Sec. 6. Powers and duties of the Board; selection and |
6 | | certification of schools. The Board shall select
and certify |
7 | | schools within the State of
Illinois for the purpose of |
8 | | providing basic training for probationary
police officers, |
9 | | probationary county corrections officers, and
court security |
10 | | officers and
of providing advanced or in-service training for |
11 | | permanent police officers
or permanent
county corrections |
12 | | officers, which schools may be either publicly or
privately |
13 | | owned and operated. In addition, the Board has the following
|
14 | | power and duties:
|
15 | | a. To require local governmental units to furnish such |
16 | | reports and
information as the Board deems necessary to |
17 | | fully implement this Act.
|
18 | | b. To establish appropriate mandatory minimum |
19 | | standards
relating to the training of probationary local |
20 | | law enforcement officers
or probationary county |
21 | | corrections officers, and in-service training of permanent |
22 | | police officers.
|
23 | | c. To provide appropriate certification to those |
24 | | probationary
officers who successfully complete the |
25 | | prescribed minimum standard basic
training course.
|
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1 | | d. To review and approve annual training curriculum |
2 | | for county sheriffs.
|
3 | | e. To review and approve applicants to ensure that no |
4 | | applicant is admitted
to a certified academy unless the |
5 | | applicant is a person of good character
and has not been |
6 | | convicted of, or entered a plea of guilty to, a felony |
7 | | offense, any of the
misdemeanors in Sections 11-1.50, |
8 | | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
|
9 | | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 |
10 | | of the Criminal Code
of
1961 or the Criminal Code of 2012, |
11 | | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the |
12 | | Criminal Code of 1961 or the Criminal Code of 2012, or |
13 | | subsection (a) of Section 17-32 of the Criminal Code of |
14 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
15 | | the Cannabis Control Act, or a crime involving
moral
|
16 | | turpitude under the laws of this State or any other state |
17 | | which if
committed in this State would be punishable as a |
18 | | felony or a crime of
moral turpitude. The Board may |
19 | | appoint investigators who shall enforce
the duties |
20 | | conferred upon the Board by this Act.
|
21 | | (Source: P.A. 101-187, eff. 1-1-20 .) |
22 | | (Text of Section after amendment by P.A. 101-652, Article |
23 | | 10, Section 10-143 but before amendment by P.A. 101-652, |
24 | | Article 25, Section 25-40 ) |
25 | | Sec. 6. Powers and duties of the Board; selection and |
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1 | | certification of schools. The Board shall select
and certify |
2 | | schools within the State of
Illinois for the purpose of |
3 | | providing basic training for probationary
police officers, |
4 | | probationary county corrections officers, and
court security |
5 | | officers and
of providing advanced or in-service training for |
6 | | permanent police officers
or permanent
county corrections |
7 | | officers, which schools may be either publicly or
privately |
8 | | owned and operated. In addition, the Board has the following
|
9 | | power and duties:
|
10 | | a. To require local governmental units to furnish such |
11 | | reports and
information as the Board deems necessary to |
12 | | fully implement this Act.
|
13 | | b. To establish appropriate mandatory minimum |
14 | | standards
relating to the training of probationary local |
15 | | law enforcement officers
or probationary county |
16 | | corrections officers, and in-service training of permanent |
17 | | police officers.
|
18 | | c. To provide appropriate certification to those |
19 | | probationary
officers who successfully complete the |
20 | | prescribed minimum standard basic
training course.
|
21 | | d. To review and approve annual training curriculum |
22 | | for county sheriffs.
|
23 | | e. To review and approve applicants to ensure that no |
24 | | applicant is admitted
to a certified academy unless the |
25 | | applicant is a person of good character
and has not been |
26 | | convicted of, or entered a plea of guilty to, a felony |
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1 | | offense, any of the
misdemeanors in Sections 11-1.50, |
2 | | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
|
3 | | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 |
4 | | of the Criminal Code
of
1961 or the Criminal Code of 2012, |
5 | | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, or |
7 | | subsection (a) of Section 17-32 of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
9 | | the Cannabis Control Act, or a crime involving
moral
|
10 | | turpitude under the laws of this State or any other state |
11 | | which if
committed in this State would be punishable as a |
12 | | felony or a crime of
moral turpitude. The Board may |
13 | | appoint investigators who shall enforce
the duties |
14 | | conferred upon the Board by this Act.
|
15 | | f. To establish statewide standards for minimum |
16 | | standards regarding regular mental health screenings for |
17 | | probationary and permanent police officers, ensuring that |
18 | | counseling sessions and screenings remain confidential. |
19 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, |
20 | | Section 10-143, eff. 7-1-21.) |
21 | | (Text of Section after amendment by P.A. 101-652, Article |
22 | | 25, Section 25-40 )
|
23 | | Sec. 6. Powers and duties of the Board; selection and |
24 | | certification of schools. The Board shall select
and certify |
25 | | schools within the State of
Illinois for the purpose of |
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1 | | providing basic training for probationary law enforcement
|
2 | | officers, probationary county corrections officers, and
court |
3 | | security officers and
of providing advanced or in-service |
4 | | training for permanent law enforcement officers
or permanent
|
5 | | county corrections officers, which schools may be either |
6 | | publicly or
privately owned and operated. In addition, the |
7 | | Board has the following
power and duties:
|
8 | | a. To require law enforcement agencies local |
9 | | governmental units, to furnish such reports and
|
10 | | information as the Board deems necessary to fully |
11 | | implement this Act.
|
12 | | b. To establish appropriate mandatory minimum |
13 | | standards
relating to the training of probationary local |
14 | | law enforcement officers
or probationary county |
15 | | corrections officers, and in-service training of permanent |
16 | | law enforcement officers.
|
17 | | c. To provide appropriate certification to those |
18 | | probationary
officers who successfully complete the |
19 | | prescribed minimum standard basic
training course.
|
20 | | d. To review and approve annual training curriculum |
21 | | for county sheriffs.
|
22 | | e. To review and approve applicants to ensure that no |
23 | | applicant is admitted
to a certified academy unless the |
24 | | applicant is a person of good character
and has not been |
25 | | convicted of, found guilty of, or entered a plea of guilty |
26 | | to, or entered a plea of nolo contendere to a felony |
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1 | | offense, any of the
misdemeanors in Sections 11-1.50, |
2 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, |
3 | | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, |
4 | | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in |
5 | | violation of any Section of Part E of Title III of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, or |
7 | | subsection (a) of Section 17-32 of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
9 | | the Cannabis Control Act, or a crime involving
moral
|
10 | | turpitude under the laws of this State or any other state |
11 | | which if
committed in this State would be punishable as a |
12 | | felony or a crime of
moral turpitude, or any felony or |
13 | | misdemeanor in violation of federal law or the law of any |
14 | | state that is the equivalent of any of the offenses |
15 | | specified therein. The Board may appoint investigators who |
16 | | shall enforce
the duties conferred upon the Board by this |
17 | | Act.
|
18 | | For purposes of this paragraph e, a person is |
19 | | considered to have been convicted of, found guilty of, or |
20 | | entered a plea of guilty to, plea of nolo contendere to |
21 | | regardless of whether the adjudication of guilt or |
22 | | sentence is withheld or not entered thereon. This includes |
23 | | sentences of supervision, conditional discharge, or first |
24 | | offender probation, or any similar disposition provided |
25 | | for by law. |
26 | | f. To establish statewide standards for minimum |
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1 | | standards regarding regular mental health screenings for |
2 | | probationary and permanent police officers, ensuring that |
3 | | counseling sessions and screenings remain confidential. |
4 | | f. For purposes of this paragraph (e), a person is |
5 | | considered to have been "convicted of, found guilty of, or |
6 | | entered a plea of guilty to, plea of nolo contendere to" |
7 | | regardless of whether the adjudication of guilt or |
8 | | sentence is withheld or not entered thereon. This includes |
9 | | sentences of supervision, conditional discharge, or first |
10 | | offender probation, or any similar disposition provided |
11 | | for by law. |
12 | | g. To review and ensure all law enforcement officers |
13 | | remain in compliance with this Act, and any administrative |
14 | | rules adopted under this Act. |
15 | | h. To suspend any certificate for a definite period, |
16 | | limit or restrict any certificate, or revoke any |
17 | | certificate. |
18 | | i. The Board and the Panel shall have power to secure |
19 | | by its subpoena and bring before it any person or entity in |
20 | | this State and to take testimony either orally or by |
21 | | deposition or both with the same fees and mileage and in |
22 | | the same manner as prescribed by law in judicial |
23 | | proceedings in civil cases in circuit courts of this |
24 | | State. The Board and the Panel shall also have the power to |
25 | | subpoena the production of documents, papers, files, |
26 | | books, documents, and records, whether in physical or |
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1 | | electronic form, in support of the charges and for |
2 | | defense, and in connection with a hearing or |
3 | | investigation. |
4 | | j. The Executive Director, the administrative law |
5 | | judge designated by the Executive Director, and each |
6 | | member of the Board and the Panel shall have the power to |
7 | | administer oaths to witnesses at any hearing that the |
8 | | Board is authorized to conduct under this Act and any |
9 | | other oaths required or authorized to be administered by |
10 | | the Board under this Act. |
11 | | k. In case of the neglect or refusal of any person to |
12 | | obey a subpoena issued by the Board and the Panel, any |
13 | | circuit court, upon application of the Board and the |
14 | | Panel, through the Illinois Attorney General, may order |
15 | | such person to appear before the Board and the Panel give |
16 | | testimony or produce evidence, and any failure to obey |
17 | | such order is punishable by the court as a contempt |
18 | | thereof. This order may be served by personal delivery, by |
19 | | email, or by mail to the address of record or email address |
20 | | of record. |
21 | | l. The Board shall have the power to administer state |
22 | | certification examinations. Any and all records related to |
23 | | these examinations, including , but not limited to , test |
24 | | questions, test formats, digital files, answer responses, |
25 | | answer keys, and scoring information shall be exempt from |
26 | | disclosure. |
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1 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, |
2 | | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section |
3 | | 25-40, eff. 1-1-22; revised 4-26-21.) |
4 | | (50 ILCS 705/6.1)
|
5 | | Sec. 6.1. Automatic decertification of full-time and |
6 | | part-time law enforcement officers.
|
7 | | (a) The Board must review law enforcement officer conduct |
8 | | and records to ensure that
no law enforcement
officer is |
9 | | certified
or provided a valid waiver if that law enforcement |
10 | | officer has been convicted of, found guilty of, entered a plea |
11 | | of guilty to, or entered a plea of nolo contendere to, a
felony |
12 | | offense under the laws of this
State or any other state which |
13 | | if committed in this State would be punishable
as a felony. The |
14 | | Board must also
ensure that no law enforcement officer is |
15 | | certified or provided a valid waiver if that law enforcement
|
16 | | officer has been convicted of, found guilty of, or entered a |
17 | | plea of guilty to, on or
after January 1, 2022 ( the effective |
18 | | date of Public Act 101-652) this amendatory Act of the 101st |
19 | | General Assembly of any misdemeanor
specified in this Section |
20 | | or if
committed in any other state would be an offense similar |
21 | | to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-9.1B, |
22 | | 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, |
23 | | 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any |
24 | | misdemeanor in violation of any Section of Part E of Title III |
25 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or |
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1 | | subsection (a) of Section 17-32 of the Criminal Code of 1961 or |
2 | | the Criminal Code of 2012, or to Section 5 or
5.2 of the |
3 | | Cannabis Control Act, or any felony or misdemeanor in |
4 | | violation of federal law or the law of any state that is the |
5 | | equivalent of any of the offenses specified therein. The Board |
6 | | must appoint investigators to
enforce the duties conferred |
7 | | upon the
Board by this Act.
|
8 | | (a-1) For purposes of this Section, a person is "convicted |
9 | | of, or entered a plea of guilty to, plea of nolo contendere to, |
10 | | found guilty of" regardless of whether the adjudication of |
11 | | guilt or sentence is withheld or not entered thereon. This |
12 | | includes sentences of supervision, conditional discharge, or |
13 | | first offender probation, or any similar disposition provided |
14 | | for by law. |
15 | | (b) It is the responsibility of the sheriff or the chief |
16 | | executive officer
of every law enforcement governmental
agency |
17 | | or department within this State to report to the Board any |
18 | | arrest,
conviction, finding of guilt, plea of guilty, or plea |
19 | | of nolo contendere to, of any officer for an
offense |
20 | | identified in this Section, regardless of whether the |
21 | | adjudication of guilt or sentence is withheld or not entered |
22 | | thereon, this includes sentences of supervision, conditional |
23 | | discharge, or first offender probation.
|
24 | | (c) It is the duty and responsibility of every full-time |
25 | | and part-time law enforcement
officer in this State to report |
26 | | to
the Board within 14 days, and the officer's sheriff or chief |
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1 | | executive officer,
of the officer's arrest, conviction, found |
2 | | guilty of, or plea of guilty for
an offense identified in this |
3 | | Section. Any full-time or part-time law enforcement
officer |
4 | | who knowingly makes, submits,
causes to be submitted, or files |
5 | | a false or untruthful report to the Board must
have the |
6 | | officer's certificate or waiver
immediately decertified or |
7 | | revoked.
|
8 | | (d) Any person, or a local or State agency, or the Board is |
9 | | immune from
liability for submitting,
disclosing, or releasing |
10 | | information of arrests, convictions, or pleas of guilty in |
11 | | this Section
as long as the information is
submitted, |
12 | | disclosed, or released in good faith and without malice. The |
13 | | Board
has qualified immunity for the
release of the |
14 | | information.
|
15 | | (e) Any full-time or part-time law enforcement officer |
16 | | with a certificate or waiver
issued by the Board who is
|
17 | | convicted of, found guilty of, or entered a plea of guilty to, |
18 | | or entered a plea of nolo contendere to any offense described |
19 | | in this Section immediately becomes
decertified or no longer |
20 | | has a valid
waiver. The decertification and invalidity of |
21 | | waivers occurs as a matter of
law. Failure of a convicted |
22 | | person to
report to the Board the officer's conviction as |
23 | | described in this Section or any
continued law enforcement |
24 | | practice
after receiving a conviction is a Class 4 felony.
|
25 | | For purposes of this Section, a person is considered to |
26 | | have been "convicted of, found guilty of, or entered a plea of |
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1 | | guilty to, plea of nolo contendere to" regardless of whether |
2 | | the adjudication of guilt or sentence is withheld or not |
3 | | entered thereon, including sentences of supervision, |
4 | | conditional discharge, first offender probation, or any |
5 | | similar disposition as provided for by law. |
6 | | (f) The Board's investigators shall be law enforcement |
7 | | officers as defined in Section 2 of this Act. The Board shall |
8 | | not waive the training requirement unless the investigator has |
9 | | had a minimum of 5 years experience as a sworn officer of a |
10 | | local, State, or federal law enforcement agency. An |
11 | | investigator shall not have been terminated for good cause, |
12 | | decertified, had his or her law enforcement license or |
13 | | certificate revoked in this or any other jurisdiction, or been |
14 | | convicted of any of the conduct listed in subsection (a). Any |
15 | | complaint filed against the Board's investigators shall be |
16 | | investigated by the Illinois State Police.
|
17 | | (g) The Board must request and receive information and |
18 | | assistance from any
federal, state, or local , or private |
19 | | enforcement
governmental agency as part of the authorized |
20 | | criminal background
investigation. The Illinois State Police |
21 | | must process, retain, and
additionally
provide
and disseminate |
22 | | information to the Board concerning criminal charges, arrests,
|
23 | | convictions, and their disposition, that have
been filed |
24 | | against a basic academy applicant, law enforcement
applicant, |
25 | | or law enforcement officer whose fingerprint identification |
26 | | cards
are on file or maintained by the Illinois State Police. |
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1 | | The Federal
Bureau
of
Investigation must provide the Board any |
2 | | criminal history record information
contained in its files |
3 | | pertaining to law
enforcement officers or any applicant to a |
4 | | Board certified basic law
enforcement academy as described in |
5 | | this Act
based on fingerprint identification. The Board must |
6 | | make payment of fees to the
Illinois State Police for each
|
7 | | fingerprint card submission in conformance with the |
8 | | requirements of paragraph
22 of Section 55a of the Civil
|
9 | | Administrative Code of Illinois.
|
10 | | (g-5) Notwithstanding any provision of law to the |
11 | | contrary, the changes to this Section made by this amendatory
|
12 | | Act of the 102nd General Assembly and Public Act 101-652 shall
|
13 | | apply prospectively only from July 1, 2022. |
14 | | (h) (Blank).
|
15 | | (i) (Blank).
|
16 | | (j) (Blank).
|
17 | | (k) (Blank).
|
18 | | (l) (Blank).
|
19 | | (m) (Blank).
|
20 | | (n) (Blank).
|
21 | | (o) (Blank).
|
22 | | (p) (Blank).
|
23 | | (q) (Blank).
|
24 | | (r) (Blank).
|
25 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; |
26 | | 102-538, eff. 8-20-21; revised 10-13-21.)
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1 | | (50 ILCS 705/6.2)
|
2 | | (Section scheduled to be repealed on January 1, 2022) |
3 | | Sec. 6.2. Officer professional conduct database. In order |
4 | | to ensure the continuing effectiveness of this
Section, it is |
5 | | set forth in full and reenacted by this amendatory
Act of the |
6 | | 102nd General Assembly. This
reenactment is intended as a |
7 | | continuation of this Section. This
reenactment is
not intended |
8 | | to supersede any amendment to this Section that may be
made by |
9 | | any other Public Act of the 102nd General Assembly.
|
10 | | (a) All law enforcement agencies shall notify the Board of |
11 | | any final determination of willful violation of department or |
12 | | agency policy, official misconduct, or violation of law when:
|
13 | | (1) the officer is discharged or dismissed as a result |
14 | | of the violation; or
|
15 | | (2) the officer resigns during the course of an |
16 | | investigation and after the officer has been served notice |
17 | | that he or she is under investigation that is based on the |
18 | | commission of any felony or sex offense.
|
19 | | The agency shall report to the Board within 30 days of a |
20 | | final decision of discharge or dismissal and final exhaustion |
21 | | of any appeal, or resignation, and shall provide information |
22 | | regarding the nature of the violation.
|
23 | | (b) Upon receiving notification from a law enforcement |
24 | | agency, the Board must notify the law enforcement officer of |
25 | | the report and his or her right to provide a statement |
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1 | | regarding the reported violation. |
2 | | (c) The Board shall maintain a database readily available |
3 | | to any chief administrative officer, or his or her designee, |
4 | | of a law enforcement agency or any State's Attorney that shall |
5 | | show each reported instance, including the name of the |
6 | | officer, the nature of the violation, reason for the final |
7 | | decision of discharge or dismissal, and any statement provided |
8 | | by the officer.
|
9 | | (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652, |
10 | | Article 25, Section 25-45, eff. 1-1-22.) |
11 | | (50 ILCS 705/6.3) |
12 | | (This Section may contain text from a Public Act with a |
13 | | delayed effective date ) |
14 | | Sec. 6.3. Discretionary decertification of full-time and |
15 | | part-time law enforcement officers. |
16 | | (a) Definitions. For purposes of this Section 6.3: |
17 | | "Duty to intervene" means an obligation to intervene to |
18 | | prevent harm from occurring that arises when: an officer is |
19 | | present, and has reason to know (1) that excessive force is |
20 | | being used or that any constitutional violation has been |
21 | | committed by a law enforcement official; and (2) the officer |
22 | | has a realistic opportunity to intervene. This duty applies |
23 | | equally to supervisory and nonsupervisory officers. If aid is |
24 | | required, the officer shall not, when reasonable to administer |
25 | | aid, knowingly and willingly refuse to render aid as defined |
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1 | | by State or federal law. An officer does not violate this duty |
2 | | if the failure to render aid is due to circumstances such as |
3 | | lack of appropriate specialized training, lack of resources or |
4 | | equipment, or if it is unsafe or impracticable to render aid. |
5 | | "Excessive use of force" means using force in violation of |
6 | | State or federal law. |
7 | | "False statement" means (1) any knowingly false statement |
8 | | provided on a form or report, (2) that the writer does not |
9 | | believe to be true, and (3) that the writer includes to mislead |
10 | | a public servant in performing the public servant's official |
11 | | functions. |
12 | | "Perjury" means that as defined under Sections 32-2 and |
13 | | 32-3 of the Criminal Code of 2012. |
14 | | "Tampers with or fabricates evidence" means if a law |
15 | | enforcement officer (1) has reason to believe that an official |
16 | | proceeding is pending or may be instituted, and (2) alters, |
17 | | destroys, conceals, or removes any record, document, data, |
18 | | video or thing to impair its validity or availability in the |
19 | | proceeding. |
20 | | (b) Decertification conduct.
The Board has the authority |
21 | | to decertify a full-time or a part-time law enforcement |
22 | | officer upon a determination by the Board that the law |
23 | | enforcement officer has: |
24 | | (1) committed an act that would constitute a felony or |
25 | | misdemeanor which could serve as basis for automatic |
26 | | decertification, whether or not the law enforcement |
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1 | | officer was criminally prosecuted, and whether or not the |
2 | | law enforcement officer's employment was terminated; |
3 | | (2) exercised excessive use of force; |
4 | | (3) failed to comply with the officer's duty to |
5 | | intervene, including through acts or omissions; |
6 | | (4) tampered with a dash camera or body-worn camera or |
7 | | data recorded by a dash camera or body-worn camera or |
8 | | directed another to tamper with or turn off a dash camera |
9 | | or body-worn camera or data recorded by a dash camera or |
10 | | body-worn camera for the purpose of concealing, destroying |
11 | | or altering potential evidence; |
12 | | (5) engaged in the following conduct relating to the |
13 | | reporting, investigation, or prosecution of a crime: |
14 | | committed perjury, made a false statement, or knowingly |
15 | | tampered with or fabricated evidence; and |
16 | | (6) engaged in any unprofessional, unethical, |
17 | | deceptive, or deleterious conduct or practice harmful to |
18 | | the public; such conduct or practice need not have |
19 | | resulted in actual injury to any person. As used in this |
20 | | paragraph, the term "unprofessional conduct" shall include |
21 | | any departure from, or failure to conform to, the minimal |
22 | | standards of acceptable and prevailing practice of an |
23 | | officer. |
24 | | (b-5) The Board has the authority to decertify a full-time |
25 | | or part-time law enforcement officer notwithstanding whether a |
26 | | law enforcement agency takes disciplinary action against a law |
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1 | | enforcement officer for the same underlying conduct as |
2 | | outlined in subsection (b). |
3 | | (c) Notice of Alleged Violation. |
4 | | (1) The following individuals and agencies shall |
5 | | notify the Board within 7 days of becoming aware of any |
6 | | violation described in subsection (b): |
7 | | (A) A law enforcement governmental agency as |
8 | | defined in Section 2
or any law enforcement officer of |
9 | | this State. For this subsection (c), law enforcement |
10 | | governmental agency includes, but is not limited to, a |
11 | | civilian review board,
an inspector general, and legal |
12 | | counsel for a law enforcement
government agency. |
13 | | (B) The Executive Director of the Board; |
14 | | (C) A State's Attorney's Office of this State. |
15 | | "Becoming aware" does not include confidential |
16 | | communications between agency lawyers and agencies |
17 | | regarding legal advice. For purposes of this subsection, |
18 | | " law enforcement governmental agency" does not include the |
19 | | Illinois
Attorney General when providing legal |
20 | | representation to a law enforcement officer under the |
21 | | State Employee Indemnification Act. |
22 | | (2) Any person may also notify the Board of any |
23 | | conduct the person believes a law enforcement officer has |
24 | | committed as described in subsection (b). Such |
25 | | notifications may be made confidentially. Notwithstanding |
26 | | any other provision in state law or any collective |
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1 | | bargaining agreement, the Board shall accept notice and |
2 | | investigate any allegations from individuals who remain |
3 | | confidential. |
4 | | (3) Upon written request, the Board shall disclose to |
5 | | the individual or entity who filed a notice of violation |
6 | | the status of the Board's review. |
7 | | (d) Form. The notice of violation reported under |
8 | | subsection (c) shall be on a form prescribed by the Board in |
9 | | its rules. The form shall be publicly available by paper and |
10 | | electronic means. The form shall include fields for the |
11 | | following information, at a minimum: |
12 | | (1) the full name, address, and telephone number of |
13 | | the
person submitting the notice; |
14 | | (2) if submitted under subsection (c)(1), the agency |
15 | | name
and title of the person submitting the notice; |
16 | | (3) the full name, badge number, employing |
17 | | governmental agency, and physical description of the |
18 | | officer, if known; |
19 | | (4) the full name or names, address or addresses, |
20 | | telephone number or numbers, and physical description or |
21 | | descriptions of any witnesses, if known; |
22 | | (5) a concise statement of facts that describe the |
23 | | alleged violation and any copies of supporting evidence |
24 | | including but not limited to any photographic, video, or |
25 | | audio recordings of the incident; |
26 | | (6) whether the person submitting the notice has |
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1 | | notified any other agency; and |
2 | | (7) an option for an individual, who submits directly |
3 | | to the Board, to consent to have the individual's identity |
4 | | disclosed. The identity of any individual providing |
5 | | information or reporting any possible or alleged violation |
6 | | to the Board shall be kept confidential and may not be |
7 | | disclosed without the consent of that individual, unless |
8 | | the individual consents to disclosure of the individual's |
9 | | name or disclosure of the individual's identity is |
10 | | otherwise required by law. The confidentiality granted by |
11 | | this subsection does not preclude the disclosure of the |
12 | | identity of a person in any capacity other than as the |
13 | | source of an allegation. |
14 | | (a) The identity of any individual providing |
15 | | information or reporting any possible or alleged |
16 | | violation to the Board shall be kept confidential and |
17 | | may not be disclosed without the consent of that |
18 | | individual, unless the individual consents to |
19 | | disclosure of the individual's name or disclosure of |
20 | | the individual's identity is otherwise required by |
21 | | law. The confidentiality granted by this subsection |
22 | | does not preclude the disclosure of the identity of a |
23 | | person in any capacity other than as the source of an |
24 | | allegation. |
25 | | Nothing in this subsection (d) shall preclude the Board |
26 | | from receiving, investigating, or acting upon allegations made |
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1 | | confidentially or in a format different from the form provided |
2 | | for in this subsection. |
3 | | (e) Preliminary review. |
4 | | (1) The Board shall complete a preliminary review of |
5 | | the allegations to determine whether there is sufficient |
6 | | information to warrant a further investigation of any |
7 | | violations of the Act. Upon initiating a preliminary |
8 | | review of the allegations, the Board shall notify the head |
9 | | of the law enforcement governmental agency that employs |
10 | | the law enforcement officer who is the subject of the |
11 | | allegations. At the request of the Board, the law |
12 | | enforcement governmental agency must submit any copies of |
13 | | investigative findings, evidence, or documentation to the |
14 | | Board in accordance with rules adopted by the Board to |
15 | | facilitate the Board's preliminary review. The Board may |
16 | | correspond with the law enforcement governmental agency, |
17 | | official records clerks or any investigative agencies in |
18 | | conducting its preliminary review. |
19 | | (2) During the preliminary review, the Board will take |
20 | | all reasonable steps to discover any and all objective |
21 | | verifiable evidence relevant to the alleged violation |
22 | | through the identification, retention, review, and |
23 | | analysis of all currently available evidence, including, |
24 | | but not limited to: all time-sensitive evidence, audio and |
25 | | video evidence, physical evidence, arrest reports, |
26 | | photographic evidence, GPS records, computer data, lab |
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1 | | reports, medical documents, and witness interviews. All |
2 | | reasonable steps will be taken to preserve relevant |
3 | | evidence identified during the preliminary investigation. |
4 | | (3) If after a preliminary review of the alleged |
5 | | violation or violations, the Board believes there is |
6 | | sufficient information to warrant further investigation of |
7 | | any violations of this Act, the alleged violation or |
8 | | violations shall be assigned for investigation in |
9 | | accordance with subsection (f). |
10 | | (4) If after a review of the allegations, the Board |
11 | | believes there is insufficient information supporting the |
12 | | allegations to warrant further investigation, it may close |
13 | | a notice. Notification of the Board's decision to close a |
14 | | notice shall be sent to all relevant individuals, |
15 | | agencies, and any entities that received notice of the |
16 | | violation under subsection (c) within 30 days of the |
17 | | notice being closed, except in cases where the notice is |
18 | | submitted anonymously if the complainant is unknown. |
19 | | (5) Except when the Board has received notice under |
20 | | subparagraph (A) of paragraph (1) of subsection (c), no |
21 | | later than 30 days after receiving notice, the Board shall |
22 | | report any notice of violation it
receives to the relevant |
23 | | law enforcement governmental agency, unless reporting the |
24 | | notice would jeopardize any subsequent investigation. The |
25 | | Board shall also record any notice of violation it |
26 | | receives to the Officer Professional Conduct Database in |
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1 | | accordance with Section 9.2. The Board shall report to the |
2 | | appropriate State's Attorney any alleged violations that |
3 | | contain allegations, claims, or factual assertions that, |
4 | | if true, would constitute a violation of Illinois law. The |
5 | | Board shall inform the law enforcement officer via |
6 | | certified mail that it has received a notice of violation |
7 | | against the law enforcement officer. |
8 | | If the Board determines that due to the circumstances |
9 | | and the nature of the allegation that it would not be |
10 | | prudent to notify the law enforcement officer and the |
11 | | officer's law enforcement governmental agency unless and |
12 | | until the filing of a Formal Complaint, the Board shall |
13 | | document in the file the reason or reasons a notification |
14 | | was not made. |
15 | | (6) If the law enforcement officer is involved in a |
16 | | criminal proceeding on the same subject as the notice of |
17 | | violation has been initiated against the law enforcement |
18 | | officer , the Board is responsible for maintaining a |
19 | | current status report including court dates, hearings, |
20 | | pleas, adjudication status and sentencing. A State's |
21 | | Attorney's Office must notify is responsible for notifying |
22 | | the Board of any criminal charges filed against a law |
23 | | enforcement officer , and must provide updates of |
24 | | significant developments to the Board in a timely manner |
25 | | but no later than 30 days after such developments . |
26 | | (f) Investigations; requirements. Investigations are to be |
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1 | | assigned after a preliminary review, unless the investigations |
2 | | were closed under paragraph (4) of subsection (e), as follows |
3 | | in paragraphs (1), (2), and (3) of this subsection (f). |
4 | | (1) A law enforcement governmental agency that submits |
5 | | a notice of violation to the Board under subparagraph (A) |
6 | | of paragraph (1) of subsection (c) shall be responsible |
7 | | for conducting an investigation of the underlying |
8 | | allegations except when: (i) the law enforcement |
9 | | governmental agency refers the notice to another law |
10 | | enforcement governmental agency or the Board for |
11 | | investigation and such other agency or the Board agrees to |
12 | | conduct the investigation; (ii) an external, independent, |
13 | | or civilian oversight agency conducts the investigation in |
14 | | accordance with local ordinance or other applicable law; |
15 | | or (iii) the Board has determined that it will conduct the |
16 | | investigation based upon the facts and circumstances of |
17 | | the alleged violation, including but not limited to, |
18 | | investigations regarding the Chief or Sheriff of a law |
19 | | enforcement governmental agency, familial conflict of |
20 | | interests, complaints involving a substantial portion of a |
21 | | law enforcement governmental agency, or complaints |
22 | | involving a policy of a law enforcement governmental |
23 | | agency. Any agency or entity conducting an investigation |
24 | | under this paragraph (1) shall submit quarterly reports to |
25 | | the Board regarding the progress of the investigation. The |
26 | | quarterly report shall be reviewed by the individual or |
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1 | | individuals at the Board who conducted the preliminary |
2 | | review, if available. |
3 | | Any agency or entity conducting an investigation under |
4 | | this paragraph (1) shall, within 7 days of completing an |
5 | | investigation, deliver an Investigative Summary Report and |
6 | | copies of any administrative evidence to the Board. If the |
7 | | Board finds an investigation conducted under this |
8 | | paragraph (1) is incomplete, unsatisfactory, or deficient |
9 | | in any way, the Board may direct the investigating entity |
10 | | or agency to take any additional investigative steps |
11 | | deemed necessary to thoroughly and satisfactorily complete |
12 | | the investigation, or the Board may take any steps |
13 | | necessary to complete the investigation. The investigating |
14 | | entity or agency or, when necessary, the Board will then |
15 | | amend and re-submit the Investigative Summary Report to |
16 | | the Board for approval. |
17 | | The Board shall submit a report to the investigating |
18 | | entity disclosing the name, address, and telephone numbers |
19 | | of persons who have knowledge of facts which are the |
20 | | subject of the investigation and identifying the subject |
21 | | matter of their knowledge. |
22 | | (2) The Board shall investigate and complete an
|
23 | | Investigative Summary Report when a State's Attorney's |
24 | | Office
submits a notice of violation to the Board under
|
25 | | (c)(1)(C). |
26 | | (3) When a person submits a notice to the Board under |
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1 | | paragraph (2) of subsection (c), The Board shall assign |
2 | | the investigation to the law enforcement governmental |
3 | | agency that employs the law enforcement officer, except |
4 | | when: (i) the law enforcement governmental agency requests |
5 | | to refer the notice to another law enforcement |
6 | | governmental agency or the Board for investigation and |
7 | | such other agency or the Board agrees to conduct the |
8 | | investigation; (ii) an external, independent, or civilian |
9 | | oversight agency conducts the investigation in accordance |
10 | | with local ordinance or other applicable law; or (iii) the |
11 | | Board has determined that it will conduct the |
12 | | investigation based upon the facts and circumstances of |
13 | | the alleged violation, including but not limited to, |
14 | | investigations regarding the Chief or Sheriff of a law |
15 | | enforcement governmental agency, familial conflict of |
16 | | interests, complaints involving a substantial portion of a |
17 | | law enforcement governmental agency, or complaints |
18 | | involving a policy of a law enforcement governmental |
19 | | agency. |
20 | | The investigating entity or agency shall submit |
21 | | quarterly reports to the Board regarding the progress of |
22 | | the investigation in a form to be determined by the Board. |
23 | | The quarterly report shall be reviewed by the individual |
24 | | at the Board who conducted the preliminary review, if |
25 | | available. |
26 | | The investigating entity or agency shall, within 7 days of |
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1 | | completing an investigation, deliver an Investigative |
2 | | Summary Report and copies of any evidence to the Board. If |
3 | | the Board finds an investigation conducted under this |
4 | | subsection (f)(3) is incomplete, unsatisfactory, or |
5 | | deficient in any way, the Board may direct the |
6 | | investigating entity to take any additional investigative |
7 | | steps deemed necessary to thoroughly and satisfactorily |
8 | | complete the investigation, or the Board may take any |
9 | | steps necessary to complete the investigation. The |
10 | | investigating entity or agency or, when necessary, the |
11 | | Board will then amend and re-submit the The Investigative |
12 | | Summary Report to the Board for approval. The |
13 | | investigating entity shall cooperate with and assist the |
14 | | Board, as necessary, in any subsequent investigation. |
15 | | (4) Concurrent Investigations. The Board may, at any |
16 | | point, initiate a concurrent investigation under this |
17 | | section. The original investigating entity shall timely |
18 | | communicate, coordinate, and cooperate with the Board to |
19 | | the fullest extent. The Board shall promulgate rules that |
20 | | shall address, at a minimum, the sharing of information |
21 | | and investigative means such as subpoenas and interviewing |
22 | | witnesses. |
23 | | (5) Investigative Summary Report. An Investigative |
24 | | Summary Report shall contain, at a minimum, the |
25 | | allegations and elements within each allegation followed |
26 | | by the testimonial, documentary, or physical evidence that |
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1 | | is relevant to each such allegation or element listed and |
2 | | discussed in association with it. All persons who have |
3 | | been interviewed and listed in the Investigative
Summary |
4 | | Report will be identified as a complainant, witness, |
5 | | person with specialized knowledge, or law enforcement |
6 | | employee. |
7 | | (6) Each law enforcement governmental agency shall |
8 | | adopt a written policy regarding the investigation of |
9 | | conduct under subsection (a) that involves a law |
10 | | enforcement officer employed by that law enforcement |
11 | | governmental agency. The written policy adopted must |
12 | | include the following, at a minimum: |
13 | | (a) Each law enforcement officer shall immediately |
14 | | report
any conduct under subsection (b) to the |
15 | | appropriate
supervising officer. |
16 | | (b) The written policy under this Section shall be
|
17 | | available for inspection and copying under the Freedom |
18 | | of
Information Act, and not subject to any exemption |
19 | | of that
Act. |
20 | | (7) Nothing in this Act shall prohibit a law |
21 | | enforcement governmental agency from conducting an |
22 | | investigation for the purpose of internal discipline. |
23 | | However, any such investigation shall be conducted in a |
24 | | manner that avoids interference with, and preserves the |
25 | | integrity of, any separate investigation by the Board |
26 | | being conducted. |
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1 | | (g) Formal complaints. Upon receipt of an Investigative |
2 | | Summary Report, the Board shall review the Report and any |
3 | | relevant evidence obtained and determine whether there is |
4 | | reasonable basis to believe that the law enforcement officer |
5 | | committed any conduct that would be deemed a violation of this |
6 | | Act. If after reviewing the Report and any other relevant |
7 | | evidence obtained, the Board determines that a reasonable |
8 | | basis does exist, the Board shall file a formal complaint with |
9 | | the Certification Review Panel. |
10 | | (h) Formal Complaint Hearing. |
11 | | (1) Upon issuance of a formal complaint, the Panel |
12 | | shall set the matter for an initial hearing in front of an |
13 | | administrative law judge. At least 30 days before the date |
14 | | set for an initial hearing, the Panel must, in writing, |
15 | | notify the law enforcement officer subject to the |
16 | | complaint of the following: |
17 | | (i) the allegations against the law enforcement |
18 | | officer, the time and place for the hearing, and |
19 | | whether the law enforcement officer's
certification |
20 | | has been temporarily suspended under Section 8.3; |
21 | | (ii) the right to file a written answer to the |
22 | | complaint with the Panel within 30 days after service |
23 | | of the notice; |
24 | | (iii) if the law enforcement officer fails to |
25 | | comply with the notice of the default order in |
26 | | paragraph (2), the Panel shall enter a default order |
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1 | | against the law enforcement officer along with a |
2 | | finding that the allegations in the complaint are |
3 | | deemed admitted, and that the law enforcement |
4 | | officer's certification may be revoked as a result; |
5 | | and |
6 | | (iv) the law enforcement officer may request an |
7 | | informal conference to surrender the officer's |
8 | | certification. |
9 | | (2) The Board shall send the law enforcement officer |
10 | | notice of the default order. The notice shall state that |
11 | | the officer has 30 days to notify the Board in writing of |
12 | | their desire to have the order vacated and to appear |
13 | | before the Board. If the law enforcement officer does not |
14 | | notify the Board within 30 days, the Board may set the |
15 | | matter for hearing. If the matter is set for hearing, the |
16 | | Board shall send the law enforcement officer the notice of |
17 | | the date, time and location of the hearing. If the law |
18 | | enforcement officer or counsel for the officer does |
19 | | appear, at the Board's discretion, the hearing may proceed |
20 | | or may be continued to a date and time agreed upon by all |
21 | | parties. If on the date of the hearing, neither the law |
22 | | enforcement officer nor counsel for the officer appears, |
23 | | the Board may proceed with the hearing for default in |
24 | | their absence. |
25 | | (3) If the law enforcement officer fails to comply |
26 | | with paragraph (2), all of the allegations contained in |
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1 | | the complaint shall be deemed admitted and the law |
2 | | enforcement officer shall be decertified if, by a majority |
3 | | vote of the panel, the conduct charged in the complaint is |
4 | | found to constitute sufficient grounds for decertification |
5 | | under this Act. Notice of the decertification decision may |
6 | | be served by personal delivery, by mail, or, at the |
7 | | discretion of the Board, by electronic means as adopted by |
8 | | rule to the address or email address specified by the law |
9 | | enforcement officer in the officer's last communication |
10 | | with the Board. Notice shall also be provided to the law |
11 | | enforcement officer's employing law enforcement |
12 | | governmental agency. |
13 | | (4) The Board, at the request of the law enforcement |
14 | | officer subject to the Formal Complaint, may suspend a |
15 | | hearing on a Formal Complaint for no more than one year if |
16 | | a concurrent criminal matter is pending. If the law |
17 | | enforcement officer requests to have the hearing |
18 | | suspended, the law enforcement officer's certification |
19 | | shall be deemed inactive until the law enforcement |
20 | | officer's Formal Complaint hearing concludes. The Board or |
21 | | the law enforcement officer may request to have the |
22 | | hearing suspended for up to 6 additional months for good |
23 | | cause. This request may be renewed. For purposes of this |
24 | | paragraph (4), "good cause" means an incident or |
25 | | occurrence that is beyond the control of the requester and |
26 | | that prevents the hearing from occurring, or holding the |
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1 | | hearing would impose an undue hardship or prejudice on the |
2 | | requester. |
3 | | (5) Surrender of certification or waiver. Upon the |
4 | | Board's issuance of a complaint, and prior to hearing on |
5 | | the matter, a law enforcement officer may choose to |
6 | | surrender the officer's certification or waiver by |
7 | | notifying the Board in writing of the officer's decision |
8 | | to do so. Upon receipt of such notification from the law |
9 | | enforcement officer, the Board shall immediately decertify |
10 | | the officer, or revoke any waiver previously granted. In |
11 | | the case of a surrender of certification or waiver, the |
12 | | Board's proceeding shall terminate. |
13 | | (6) Appointment of administrative law judges. The |
14 | | Board shall retain any attorney licensed to practice law |
15 | | in the State of Illinois to serve as an administrative law |
16 | | judge in any action involving initiated against a law |
17 | | enforcement officer under this Act. The administrative law |
18 | | judge shall be retained to a term of no greater than 4 |
19 | | years. If more than one judge is retained, the terms shall |
20 | | be staggered. The administrative law judge has full |
21 | | authority to conduct the hearings. |
22 | | Administrative law judges will receive initial and |
23 | | annual training that is adequate in quality, quantity, |
24 | | scope, and type, and will cover, at minimum the following |
25 | | topics: |
26 | | (i) constitutional and other relevant law on |
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1 | | police-community encounters, including the law on the |
2 | | use of force and stops, searches, and arrests; |
3 | | (ii) police tactics; |
4 | | (iii) investigations of police conduct; |
5 | | (iv) impartial policing; |
6 | | (v) policing individuals in crisis; |
7 | | (vi) Illinois police policies, procedures, and |
8 | | disciplinary rules; |
9 | | (vii) procedural justice; and |
10 | | (viii) community outreach. |
11 | | The Board shall determine the content and extent of |
12 | | the training within the scope provided for by this |
13 | | subsection. |
14 | | (7) Hearing. At the hearing, the administrative law |
15 | | judge will hear the allegations alleged in the complaint. |
16 | | The law enforcement officer, the counsel of the officer's |
17 | | choosing, and the Board, or the officer's counsel, shall |
18 | | be afforded the opportunity to present any pertinent |
19 | | statements, testimony, evidence, and arguments. The law |
20 | | enforcement officer shall be afforded the opportunity to |
21 | | request that the Board compel the attendance of witnesses |
22 | | and production of related documents. After the conclusion |
23 | | of the hearing, the administrative law judge shall report |
24 | | any his or her findings of fact, conclusions of law, and |
25 | | recommended disposition to the Panel. If the law |
26 | | enforcement officer objects to any procedural or |
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1 | | substantive legal portion of the report, the officer may |
2 | | do so by written brief filed with the Panel within 14 days |
3 | | after receipt of the report. The Panel may grant |
4 | | reasonable extensions for good cause shown or when |
5 | | mutually agreed upon by the parties. |
6 | | No later than 28 days before the hearing, a party |
7 | | shall disclose the following: |
8 | | (i) The name and, if known, the address and |
9 | | telephone number of each individual likely to have |
10 | | information relevant to the hearing that the |
11 | | disclosing party may use to support its claims or |
12 | | defenses. This includes, but is not limited to, any |
13 | | name that has previously been held as confidential by |
14 | | the Board. |
15 | | (ii) A copy of any documents and videos that are in |
16 | | the possession, custody, or control of the party, and |
17 | | that the disclosing party may use to support its |
18 | | claims or defenses. |
19 | | (8) Certification Review Meeting. Upon receipt of the |
20 | | administrative law judge's findings of fact, conclusions |
21 | | of law, and recommended disposition, and any submitted |
22 | | objections from the law enforcement officer, the Panel |
23 | | shall call for a certification review meeting. |
24 | | In such a meeting, the Panel may adjourn into a closed |
25 | | conference for the purposes of deliberating on the |
26 | | evidence presented during the hearing. In closed |
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1 | | conference, the Panel shall consider the hearing officer's |
2 | | findings of fact, conclusions of law, and recommended |
3 | | disposition and may deliberate on all evidence and |
4 | | testimony received and may consider the weight and |
5 | | credibility to be given to the evidence received. No new |
6 | | or additional evidence may be presented to the Panel. |
7 | | After concluding its deliberations, the Panel shall |
8 | | convene in open session for its consideration of the |
9 | | matter. If a simple majority of the Panel finds that no |
10 | | allegations in the complaint supporting one or more |
11 | | charges of misconduct are proven by clear and convincing |
12 | | evidence, then the Panel shall recommend to the Board that |
13 | | the complaint be dismissed. If a simple majority of the |
14 | | Panel finds that the allegations in the complaint |
15 | | supporting one or more charges of misconduct are proven by |
16 | | clear and convincing evidence, then the Panel shall |
17 | | recommend to the Board to decertify the officer. The Panel |
18 | | shall prepare a summary report as soon as practicable |
19 | | after the completion of the meeting including the |
20 | | following: In doing so, the Panel may adopt, in whole or in |
21 | | part, the hearing officer's findings of fact, conclusions |
22 | | of law, and recommended disposition , and the Panel's |
23 | | order . |
24 | | (9) Final action by the Board. After receiving the |
25 | | Panel's recommendations and any objections by the law |
26 | | enforcement officer , and after due consideration of the |
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1 | | Panel's recommendations, the Board, by majority vote, |
2 | | shall issue a final decision to decertify the law |
3 | | enforcement officer or take no action in regard to the law |
4 | | enforcement officer. No new or additional evidence may be |
5 | | presented to the Board. If the Board makes a final |
6 | | decision contrary to the recommendations of the Panel, the |
7 | | Board shall set forth in its final written decision the |
8 | | specific written reasons for not following the Panel's |
9 | | recommendations. A copy of the Board's final decision |
10 | | shall be served upon the law enforcement officer by the |
11 | | Board, either personally or as provided in this Act for |
12 | | the service of a notice of hearing. A copy of the Board's |
13 | | final decision also shall be delivered to the last |
14 | | employing law enforcement governmental agency, the |
15 | | complainant, and the Panel. |
16 | | (10) Reconsideration of the Board's Decision. Within |
17 | | 30 days after service of the Board's final decision, the |
18 | | Panel or the law enforcement officer may file a written |
19 | | motion for reconsideration with the Review Committee |
20 | | Board . The motion for reconsideration shall specify the |
21 | | particular grounds for reconsideration. The non-moving |
22 | | party may respond to the motion for reconsideration. The |
23 | | Review Committee shall only address the issues raised by |
24 | | the parties. |
25 | | The Review Committee Board may deny the motion for |
26 | | reconsideration, or it may grant the motion in whole or in |
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1 | | part and issue a new final decision in the matter. The |
2 | | Review Committee Board must notify the law enforcement |
3 | | officer and their last employing law enforcement agency |
4 | | within 14 days of a denial and state the reasons for |
5 | | denial.
|
6 | | (i) This Section applies to conduct by a full-time or |
7 | | part-time law enforcement officer in violation of subsection |
8 | | (b) that occurred before, on, or after the effective date of |
9 | | this amendatory Act of the 102nd General Assembly. |
10 | | (j) Notwithstanding any provision of law to the contrary, |
11 | | the changes made to this Section by this amendatory Act of the |
12 | | 102nd General Assembly and Public Act 101-652 take effect July |
13 | | 1, 2022. |
14 | | (Source: P.A. 101-652, eff. 1-1-22.) |
15 | | (50 ILCS 705/6.7) |
16 | | (This Section may contain text from a Public Act with a |
17 | | delayed effective date ) |
18 | | Sec. 6.7. Certification and decertification procedures |
19 | | under Act exclusive. Notwithstanding any other law, the |
20 | | certification and decertification procedures, including the |
21 | | conduct of any investigation or hearing, under this Act are |
22 | | the sole and exclusive procedures for certification as law |
23 | | enforcement officers in Illinois and are not subject to |
24 | | collective bargaining under the Illinois Public Labor |
25 | | Relations Act or appealable except as set forth herein. The |
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1 | | provisions of any collective bargaining agreement adopted by a |
2 | | law enforcement governmental agency and covering the law |
3 | | enforcement officer or officers under investigation shall be |
4 | | inapplicable to any investigation or hearing conducted under |
5 | | this Act. |
6 | | An individual has no property interest in law enforcement |
7 | | certification employment or otherwise resulting from law |
8 | | enforcement officer certification at the time of initial |
9 | | certification or at any time thereafter, including, but not |
10 | | limited to, after decertification or after the officer's |
11 | | certification has been deemed inactive. Nothing in this Act |
12 | | shall be construed to create a requirement that a law |
13 | | enforcement governmental agency shall continue to employ a law |
14 | | enforcement officer who has been decertified.
|
15 | | (Source: P.A. 101-652, eff. 1-1-22.)
|
16 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
|
17 | | (Text of Section before amendment by P.A. 101-652 )
|
18 | | Sec. 7. Rules and standards for schools. The Board shall |
19 | | adopt rules and
minimum standards for such schools which shall |
20 | | include, but not be limited to,
the following:
|
21 | | a. The curriculum for probationary police officers |
22 | | which shall be
offered by all certified schools shall |
23 | | include, but not be limited to,
courses of procedural |
24 | | justice, arrest and use and control tactics, search and |
25 | | seizure, including temporary questioning, civil rights, |
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1 | | human rights, human relations,
cultural competency, |
2 | | including implicit bias and racial and ethnic sensitivity,
|
3 | | criminal law, law of criminal procedure, constitutional |
4 | | and proper use of law enforcement authority, vehicle and |
5 | | traffic law including
uniform and non-discriminatory |
6 | | enforcement of the Illinois Vehicle Code,
traffic control |
7 | | and accident investigation, techniques of obtaining
|
8 | | physical evidence, court testimonies, statements, reports, |
9 | | firearms
training, training in the use of electronic |
10 | | control devices, including the psychological and |
11 | | physiological effects of the use of those devices on |
12 | | humans, first-aid (including cardiopulmonary |
13 | | resuscitation), training in the administration of opioid |
14 | | antagonists as defined in paragraph (1) of subsection (e) |
15 | | of Section 5-23 of the Substance Use Disorder Act, |
16 | | handling of
juvenile offenders, recognition of
mental |
17 | | conditions and crises, including, but not limited to, the |
18 | | disease of addiction, which require immediate assistance |
19 | | and response and methods to
safeguard and provide |
20 | | assistance to a person in need of mental
treatment, |
21 | | recognition of abuse, neglect, financial exploitation, and |
22 | | self-neglect of adults with disabilities and older adults, |
23 | | as defined in Section 2 of the Adult Protective Services |
24 | | Act, crimes against the elderly, law of evidence, the |
25 | | hazards of high-speed police vehicle
chases with an |
26 | | emphasis on alternatives to the high-speed chase, and
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1 | | physical training. The curriculum shall include specific |
2 | | training in
techniques for immediate response to and |
3 | | investigation of cases of domestic
violence and of sexual |
4 | | assault of adults and children, including cultural |
5 | | perceptions and common myths of sexual assault and sexual |
6 | | abuse as well as interview techniques that are age |
7 | | sensitive and are trauma informed, victim centered, and |
8 | | victim sensitive. The curriculum shall include
training in |
9 | | techniques designed to promote effective
communication at |
10 | | the initial contact with crime victims and ways to |
11 | | comprehensively
explain to victims and witnesses their |
12 | | rights under the Rights
of Crime Victims and Witnesses Act |
13 | | and the Crime
Victims Compensation Act. The curriculum |
14 | | shall also include training in effective recognition of |
15 | | and responses to stress, trauma, and post-traumatic stress |
16 | | experienced by police officers that is consistent with |
17 | | Section 25 of the Illinois Mental Health First Aid |
18 | | Training Act in a peer setting, including recognizing |
19 | | signs and symptoms of work-related cumulative stress, |
20 | | issues that may lead to suicide, and solutions for |
21 | | intervention with peer support resources. The curriculum |
22 | | shall include a block of instruction addressing the |
23 | | mandatory reporting requirements under the Abused and |
24 | | Neglected Child Reporting Act. The curriculum shall also |
25 | | include a block of instruction aimed at identifying and |
26 | | interacting with persons with autism and other |
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1 | | developmental or physical disabilities, reducing barriers |
2 | | to reporting crimes against persons with autism, and |
3 | | addressing the unique challenges presented by cases |
4 | | involving victims or witnesses with autism and other |
5 | | developmental disabilities. The curriculum shall include |
6 | | training in the detection and investigation of all forms |
7 | | of human trafficking. The curriculum shall also include |
8 | | instruction in trauma-informed responses designed to |
9 | | ensure the physical safety and well-being of a child of an |
10 | | arrested parent or immediate family member; this |
11 | | instruction must include, but is not limited to: (1) |
12 | | understanding the trauma experienced by the child while |
13 | | maintaining the integrity of the arrest and safety of |
14 | | officers, suspects, and other involved individuals; (2) |
15 | | de-escalation tactics that would include the use of force |
16 | | when reasonably necessary; and (3) inquiring whether a |
17 | | child will require supervision and care. The curriculum |
18 | | for
permanent police officers shall include, but not be |
19 | | limited to: (1) refresher
and in-service training in any |
20 | | of the courses listed above in this
subparagraph, (2) |
21 | | advanced courses in any of the subjects listed above in
|
22 | | this subparagraph, (3) training for supervisory personnel, |
23 | | and (4)
specialized training in subjects and fields to be |
24 | | selected by the board. The training in the use of |
25 | | electronic control devices shall be conducted for |
26 | | probationary police officers, including University police |
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1 | | officers.
|
2 | | b. Minimum courses of study, attendance requirements |
3 | | and 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 |
8 | | law enforcement officer for a participating local
|
9 | | governmental agency. Those requirements shall include |
10 | | training in first aid
(including cardiopulmonary |
11 | | resuscitation).
|
12 | | e. Minimum basic training requirements, which a |
13 | | probationary county
corrections officer must |
14 | | satisfactorily complete before being eligible for
|
15 | | permanent employment as a county corrections officer for a |
16 | | participating
local governmental agency.
|
17 | | f. Minimum basic training requirements which a |
18 | | probationary court
security officer must satisfactorily |
19 | | complete before being eligible for
permanent employment as |
20 | | a court security officer for a participating local
|
21 | | governmental agency. The Board shall
establish those |
22 | | training requirements which it considers appropriate for |
23 | | court
security officers and shall certify schools to |
24 | | conduct that training.
|
25 | | A person hired to serve as a court security officer |
26 | | must obtain from the
Board a certificate (i) attesting to |
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1 | | his or her successful completion of the
training course; |
2 | | (ii) attesting to his or her satisfactory
completion of a |
3 | | training program of similar content and number of hours |
4 | | 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 training
course is unnecessary |
7 | | because of the person's extensive prior law enforcement
|
8 | | experience.
|
9 | | Individuals who currently serve as court security |
10 | | officers shall be deemed
qualified to continue to serve in |
11 | | that capacity so long as they are certified
as provided by |
12 | | this Act within 24 months of June 1, 1997 (the effective |
13 | | date of Public Act 89-685). Failure to be so certified, |
14 | | absent a waiver from the
Board, shall cause the officer to |
15 | | forfeit his or her position.
|
16 | | All individuals hired as court security officers on or |
17 | | after June 1, 1997 (the effective
date of Public Act |
18 | | 89-685) shall be certified within 12 months of the
date of |
19 | | their hire, unless a waiver has been obtained by the |
20 | | Board, or they
shall forfeit their positions.
|
21 | | The Sheriff's Merit Commission, if one exists, or the |
22 | | Sheriff's Office if
there is no Sheriff's Merit |
23 | | Commission, shall maintain a list of all
individuals who |
24 | | have filed applications to become court security officers |
25 | | and
who meet the eligibility requirements established |
26 | | under this Act. Either
the Sheriff's Merit Commission, or |
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1 | | the Sheriff's Office if no Sheriff's Merit
Commission |
2 | | exists, shall establish a schedule of reasonable intervals |
3 | | for
verification of the applicants' qualifications under
|
4 | | this Act and as established by the Board.
|
5 | | g. Minimum in-service training requirements, which a |
6 | | police officer must satisfactorily complete every 3 years. |
7 | | Those requirements shall include constitutional and proper |
8 | | use of law enforcement authority, procedural justice, |
9 | | civil rights, human rights, mental health awareness and |
10 | | response, officer wellness, reporting child abuse and |
11 | | neglect, and cultural competency. |
12 | | h. Minimum in-service training requirements, which a |
13 | | police officer must satisfactorily complete at least |
14 | | annually. Those requirements shall include law updates and |
15 | | use of force training which shall include scenario based |
16 | | training, or similar training approved by the Board. |
17 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; |
18 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. |
19 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
20 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; |
21 | | 101-564, eff. 1-1-20; revised 9-10-19.) |
22 | | (Text of Section after amendment by P.A. 101-652, Article |
23 | | 10, Section 10-143 but before amendment by P.A. 101-652, |
24 | | Article 25, Section 25-40 )
|
25 | | Sec. 7. Rules and standards for schools. The Board shall |
|
| | HB3512 Enrolled | - 88 - | LRB102 14806 KMF 20159 b |
|
|
1 | | adopt rules and
minimum standards for such schools which shall |
2 | | include, but not be limited to,
the following:
|
3 | | a. The curriculum for probationary police officers |
4 | | which shall be
offered by all certified schools shall |
5 | | include, but not be limited to,
courses of procedural |
6 | | justice, arrest and use and control tactics, search and |
7 | | seizure, including temporary questioning, civil rights, |
8 | | human rights, human relations,
cultural competency, |
9 | | including implicit bias and racial and ethnic sensitivity,
|
10 | | criminal law, law of criminal procedure, constitutional |
11 | | and proper use of law enforcement authority, crisis |
12 | | intervention training, vehicle and traffic law including
|
13 | | uniform and non-discriminatory enforcement of the Illinois |
14 | | Vehicle Code,
traffic control and accident investigation, |
15 | | techniques of obtaining
physical evidence, court |
16 | | testimonies, statements, reports, firearms
training, |
17 | | training in the use of electronic control devices, |
18 | | including the psychological and physiological effects of |
19 | | the use of those devices on humans, first-aid (including |
20 | | cardiopulmonary resuscitation), training in the |
21 | | administration of opioid antagonists as defined in |
22 | | paragraph (1) of subsection (e) of Section 5-23 of the |
23 | | Substance Use Disorder Act, handling of
juvenile |
24 | | offenders, recognition of
mental conditions and crises, |
25 | | including, but not limited to, the disease of addiction, |
26 | | which require immediate assistance and response and |
|
| | HB3512 Enrolled | - 89 - | LRB102 14806 KMF 20159 b |
|
|
1 | | methods to
safeguard and provide assistance to a person in |
2 | | need of mental
treatment, recognition of abuse, neglect, |
3 | | financial exploitation, and self-neglect of adults with |
4 | | disabilities and older adults, as defined in Section 2 of |
5 | | the Adult Protective Services Act, crimes against the |
6 | | elderly, law of evidence, the hazards of high-speed police |
7 | | vehicle
chases with an emphasis on alternatives to the |
8 | | high-speed chase, and
physical training. The curriculum |
9 | | shall include specific training in
techniques for |
10 | | immediate response to and investigation of cases of |
11 | | domestic
violence and of sexual assault of adults and |
12 | | children, including cultural perceptions and common myths |
13 | | of sexual assault and sexual abuse as well as interview |
14 | | techniques that are age sensitive and are trauma informed, |
15 | | victim centered, and victim sensitive. The curriculum |
16 | | shall include
training in techniques designed to promote |
17 | | effective
communication at the initial contact with crime |
18 | | victims and ways to comprehensively
explain to victims and |
19 | | witnesses their rights under the Rights
of Crime Victims |
20 | | and Witnesses Act and the Crime
Victims Compensation Act. |
21 | | The curriculum shall also include training in effective |
22 | | recognition of and responses to stress, trauma, and |
23 | | post-traumatic stress experienced by police officers that |
24 | | is consistent with Section 25 of the Illinois Mental |
25 | | Health First Aid Training Act in a peer setting, including |
26 | | recognizing signs and symptoms of work-related cumulative |
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| | HB3512 Enrolled | - 90 - | LRB102 14806 KMF 20159 b |
|
|
1 | | stress, issues that may lead to suicide, and solutions for |
2 | | intervention with peer support resources. The curriculum |
3 | | shall include a block of instruction addressing the |
4 | | mandatory reporting requirements under the Abused and |
5 | | Neglected Child Reporting Act. The curriculum shall also |
6 | | include a block of instruction aimed at identifying and |
7 | | interacting with persons with autism and other |
8 | | developmental or physical disabilities, reducing barriers |
9 | | to reporting crimes against persons with autism, and |
10 | | addressing the unique challenges presented by cases |
11 | | involving victims or witnesses with autism and other |
12 | | developmental disabilities. The curriculum shall include |
13 | | training in the detection and investigation of all forms |
14 | | of human trafficking. The curriculum shall also include |
15 | | instruction in trauma-informed responses designed to |
16 | | ensure the physical safety and well-being of a child of an |
17 | | arrested parent or immediate family member; this |
18 | | instruction must include, but is not limited to: (1) |
19 | | understanding the trauma experienced by the child while |
20 | | maintaining the integrity of the arrest and safety of |
21 | | officers, suspects, and other involved individuals; (2) |
22 | | de-escalation tactics that would include the use of force |
23 | | when reasonably necessary; and (3) inquiring whether a |
24 | | child will require supervision and care. The curriculum |
25 | | for probationary police officers shall include: (1) at |
26 | | least 12 hours of hands-on, scenario-based role-playing; |
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| | HB3512 Enrolled | - 91 - | LRB102 14806 KMF 20159 b |
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|
1 | | (2) at least 6 hours of instruction on use of force |
2 | | techniques, including the use of de-escalation techniques |
3 | | to prevent or reduce the need for force whenever safe and |
4 | | feasible; (3) specific training on officer safety |
5 | | techniques, including cover, concealment, and time; and |
6 | | (4) at least 6 hours of training focused on high-risk |
7 | | traffic stops. The curriculum for
permanent police |
8 | | officers shall include, but not be limited to: (1) |
9 | | refresher
and in-service training in any of the courses |
10 | | listed above in this
subparagraph, (2) advanced courses in |
11 | | any of the subjects listed above in
this subparagraph, (3) |
12 | | training for supervisory personnel, and (4)
specialized |
13 | | training in subjects and fields to be selected by the |
14 | | board. The training in the use of electronic control |
15 | | devices shall be conducted for probationary police |
16 | | officers, including University police officers.
|
17 | | b. Minimum courses of study, attendance requirements |
18 | | and equipment
requirements.
|
19 | | c. Minimum requirements for instructors.
|
20 | | d. Minimum basic training requirements, which a |
21 | | probationary police
officer must satisfactorily complete |
22 | | before being eligible for permanent
employment as a local |
23 | | law enforcement officer for a participating local
|
24 | | governmental agency. Those requirements shall include |
25 | | training in first aid
(including cardiopulmonary |
26 | | resuscitation).
|
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| | HB3512 Enrolled | - 92 - | LRB102 14806 KMF 20159 b |
|
|
1 | | e. Minimum basic training requirements, which a |
2 | | probationary county
corrections officer must |
3 | | satisfactorily complete before being eligible for
|
4 | | permanent employment as a county corrections officer for a |
5 | | participating
local governmental agency.
|
6 | | f. Minimum basic training requirements which a |
7 | | probationary court
security officer must satisfactorily |
8 | | complete before being eligible for
permanent employment as |
9 | | a court security officer for a participating local
|
10 | | governmental agency. The Board shall
establish those |
11 | | training requirements which it considers appropriate for |
12 | | court
security officers and shall certify schools to |
13 | | conduct that training.
|
14 | | A person hired to serve as a court security officer |
15 | | must obtain from the
Board a certificate (i) attesting to |
16 | | his or her successful completion of the
training course; |
17 | | (ii) attesting to his or her satisfactory
completion of a |
18 | | training program of similar content and number of hours |
19 | | that
has been found acceptable by the Board under the |
20 | | provisions of this Act; or
(iii) attesting to the Board's |
21 | | determination that the training
course is unnecessary |
22 | | because of the person's extensive prior law enforcement
|
23 | | experience.
|
24 | | Individuals who currently serve as court security |
25 | | officers shall be deemed
qualified to continue to serve in |
26 | | that capacity so long as they are certified
as provided by |
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| | HB3512 Enrolled | - 93 - | LRB102 14806 KMF 20159 b |
|
|
1 | | this Act within 24 months of June 1, 1997 (the effective |
2 | | date of Public Act 89-685). Failure to be so certified, |
3 | | absent a waiver from the
Board, shall cause the officer to |
4 | | forfeit his or her position.
|
5 | | All individuals hired as court security officers on or |
6 | | after June 1, 1997 (the effective
date of Public Act |
7 | | 89-685) shall be certified within 12 months of the
date of |
8 | | their hire, unless a waiver has been obtained by the |
9 | | Board, or they
shall forfeit their positions.
|
10 | | The Sheriff's Merit Commission, if one exists, or the |
11 | | Sheriff's Office if
there is no Sheriff's Merit |
12 | | Commission, shall maintain a list of all
individuals who |
13 | | have filed applications to become court security officers |
14 | | and
who meet the eligibility requirements established |
15 | | under this Act. Either
the Sheriff's Merit Commission, or |
16 | | the Sheriff's Office if no Sheriff's Merit
Commission |
17 | | exists, shall establish a schedule of reasonable intervals |
18 | | for
verification of the applicants' qualifications under
|
19 | | this Act and as established by the Board.
|
20 | | g. Minimum in-service training requirements, which a |
21 | | police officer must satisfactorily complete every 3 years. |
22 | | Those requirements shall include constitutional and proper |
23 | | use of law enforcement authority, procedural justice, |
24 | | civil rights, human rights, reporting child abuse and |
25 | | neglect, and cultural competency, including implicit bias |
26 | | and racial and ethnic sensitivity. |
|
| | HB3512 Enrolled | - 94 - | LRB102 14806 KMF 20159 b |
|
|
1 | | h. Minimum in-service training requirements, which a |
2 | | police officer must satisfactorily complete at least |
3 | | annually. Those requirements shall include law updates, |
4 | | emergency medical response training and certification, |
5 | | crisis intervention training, and officer wellness and |
6 | | mental health. |
7 | | i. Minimum in-service training requirements as set |
8 | | forth in Section 10.6. |
9 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; |
10 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. |
11 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
12 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; |
13 | | 101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section |
14 | | 10-143, eff. 7-1-21.) |
15 | | (Text of Section after amendment by P.A. 101-652, Article |
16 | | 25, Section 25-40 ) |
17 | | Sec. 7. Rules and standards for schools. The Board shall |
18 | | adopt rules and
minimum standards for such schools which shall |
19 | | include, but not be limited to,
the following:
|
20 | | a. The curriculum for probationary law enforcement |
21 | | officers which shall be
offered by all certified schools |
22 | | shall include, but not be limited to,
courses of |
23 | | procedural justice, arrest and use and control tactics, |
24 | | search and seizure, including temporary questioning, civil |
25 | | rights, human rights, human relations,
cultural |
|
| | HB3512 Enrolled | - 95 - | LRB102 14806 KMF 20159 b |
|
|
1 | | competency, including implicit bias and racial and ethnic |
2 | | sensitivity,
criminal law, law of criminal procedure, |
3 | | constitutional and proper use of law enforcement |
4 | | authority, crisis intervention training, vehicle and |
5 | | traffic law including
uniform and non-discriminatory |
6 | | enforcement of the Illinois Vehicle Code,
traffic control |
7 | | and accident investigation, techniques of obtaining
|
8 | | physical evidence, court testimonies, statements, reports, |
9 | | firearms
training, training in the use of electronic |
10 | | control devices, including the psychological and |
11 | | physiological effects of the use of those devices on |
12 | | humans, first-aid (including cardiopulmonary |
13 | | resuscitation), training in the administration of opioid |
14 | | antagonists as defined in paragraph (1) of subsection (e) |
15 | | of Section 5-23 of the Substance Use Disorder Act, |
16 | | handling of
juvenile offenders, recognition of
mental |
17 | | conditions and crises, including, but not limited to, the |
18 | | disease of addiction, which require immediate assistance |
19 | | and response and methods to
safeguard and provide |
20 | | assistance to a person in need of mental
treatment, |
21 | | recognition of abuse, neglect, financial exploitation, and |
22 | | self-neglect of adults with disabilities and older adults, |
23 | | as defined in Section 2 of the Adult Protective Services |
24 | | Act, crimes against the elderly, law of evidence, the |
25 | | hazards of high-speed police vehicle
chases with an |
26 | | emphasis on alternatives to the high-speed chase, and
|
|
| | HB3512 Enrolled | - 96 - | LRB102 14806 KMF 20159 b |
|
|
1 | | physical training. The curriculum shall include specific |
2 | | training in
techniques for immediate response to and |
3 | | investigation of cases of domestic
violence and of sexual |
4 | | assault of adults and children, including cultural |
5 | | perceptions and common myths of sexual assault and sexual |
6 | | abuse as well as interview techniques that are age |
7 | | sensitive and are trauma informed, victim centered, and |
8 | | victim sensitive. The curriculum shall include
training in |
9 | | techniques designed to promote effective
communication at |
10 | | the initial contact with crime victims and ways to |
11 | | comprehensively
explain to victims and witnesses their |
12 | | rights under the Rights
of Crime Victims and Witnesses Act |
13 | | and the Crime
Victims Compensation Act. The curriculum |
14 | | shall also include training in effective recognition of |
15 | | and responses to stress, trauma, and post-traumatic stress |
16 | | experienced by law enforcement officers that is consistent |
17 | | with Section 25 of the Illinois Mental Health First Aid |
18 | | Training Act in a peer setting, including recognizing |
19 | | signs and symptoms of work-related cumulative stress, |
20 | | issues that may lead to suicide, and solutions for |
21 | | intervention with peer support resources. The curriculum |
22 | | shall include a block of instruction addressing the |
23 | | mandatory reporting requirements under the Abused and |
24 | | Neglected Child Reporting Act. The curriculum shall also |
25 | | include a block of instruction aimed at identifying and |
26 | | interacting with persons with autism and other |
|
| | HB3512 Enrolled | - 97 - | LRB102 14806 KMF 20159 b |
|
|
1 | | developmental or physical disabilities, reducing barriers |
2 | | to reporting crimes against persons with autism, and |
3 | | addressing the unique challenges presented by cases |
4 | | involving victims or witnesses with autism and other |
5 | | developmental disabilities. The curriculum shall include |
6 | | training in the detection and investigation of all forms |
7 | | of human trafficking. The curriculum shall also include |
8 | | instruction in trauma-informed responses designed to |
9 | | ensure the physical safety and well-being of a child of an |
10 | | arrested parent or immediate family member; this |
11 | | instruction must include, but is not limited to: (1) |
12 | | understanding the trauma experienced by the child while |
13 | | maintaining the integrity of the arrest and safety of |
14 | | officers, suspects, and other involved individuals; (2) |
15 | | de-escalation tactics that would include the use of force |
16 | | when reasonably necessary; and (3) inquiring whether a |
17 | | child will require supervision and care. The curriculum |
18 | | for probationary law enforcement police officers shall |
19 | | include: (1) at least 12 hours of hands-on, scenario-based |
20 | | role-playing; (2) at least 6 hours of instruction on use |
21 | | of force techniques, including the use of de-escalation |
22 | | techniques to prevent or reduce the need for force |
23 | | whenever safe and feasible; (3) specific training on |
24 | | officer safety techniques, including cover, concealment, |
25 | | and time; and (4) at least 6 hours of training focused on |
26 | | high-risk traffic stops. The curriculum for
permanent law |
|
| | HB3512 Enrolled | - 98 - | LRB102 14806 KMF 20159 b |
|
|
1 | | enforcement officers shall include, but not be limited to: |
2 | | (1) refresher
and in-service training in any of the |
3 | | courses listed above in this
subparagraph, (2) advanced |
4 | | courses in any of the subjects listed above in
this |
5 | | subparagraph, (3) training for supervisory personnel, and |
6 | | (4)
specialized training in subjects and fields to be |
7 | | selected by the board. The training in the use of |
8 | | electronic control devices shall be conducted for |
9 | | probationary law enforcement officers, including |
10 | | University police officers.
|
11 | | b. Minimum courses of study, attendance requirements |
12 | | and equipment
requirements.
|
13 | | c. Minimum requirements for instructors.
|
14 | | d. Minimum basic training requirements, which a |
15 | | probationary law enforcement
officer must satisfactorily |
16 | | complete before being eligible for permanent
employment as |
17 | | a local law enforcement officer for a participating local
|
18 | | governmental or State state governmental agency. Those |
19 | | requirements shall include training in first aid
|
20 | | (including cardiopulmonary resuscitation).
|
21 | | e. Minimum basic training requirements, which a |
22 | | probationary county
corrections officer must |
23 | | satisfactorily complete before being eligible for
|
24 | | permanent employment as a county corrections officer for a |
25 | | participating
local governmental agency.
|
26 | | f. Minimum basic training requirements which a |
|
| | HB3512 Enrolled | - 99 - | LRB102 14806 KMF 20159 b |
|
|
1 | | probationary court
security officer must satisfactorily |
2 | | complete before being eligible for
permanent employment as |
3 | | a court security officer for a participating local
|
4 | | governmental agency. The Board shall
establish those |
5 | | training requirements which it considers appropriate for |
6 | | court
security officers and shall certify schools to |
7 | | conduct that training.
|
8 | | A person hired to serve as a court security officer |
9 | | must obtain from the
Board a certificate (i) attesting to |
10 | | the officer's successful completion of the
training |
11 | | course; (ii) attesting to the officer's satisfactory
|
12 | | completion of a training program of similar content and |
13 | | number of hours that
has been found acceptable by the |
14 | | Board under the provisions of this Act; or
(iii) attesting |
15 | | to the Board's determination that the training
course is |
16 | | unnecessary because of the person's extensive prior law |
17 | | enforcement
experience.
|
18 | | Individuals who currently serve as court security |
19 | | officers shall be deemed
qualified to continue to serve in |
20 | | that capacity so long as they are certified
as provided by |
21 | | this Act within 24 months of June 1, 1997 (the effective |
22 | | date of Public Act 89-685). Failure to be so certified, |
23 | | absent a waiver from the
Board, shall cause the officer to |
24 | | forfeit his or her position.
|
25 | | All individuals hired as court security officers on or |
26 | | after June 1, 1997 (the effective
date of Public Act |
|
| | HB3512 Enrolled | - 100 - | LRB102 14806 KMF 20159 b |
|
|
1 | | 89-685) shall be certified within 12 months of the
date of |
2 | | their hire, unless a waiver has been obtained by the |
3 | | Board, or they
shall forfeit their positions.
|
4 | | The Sheriff's Merit Commission, if one exists, or the |
5 | | Sheriff's Office if
there is no Sheriff's Merit |
6 | | Commission, shall maintain a list of all
individuals who |
7 | | have filed applications to become court security officers |
8 | | and
who meet the eligibility requirements established |
9 | | under this Act. Either
the Sheriff's Merit Commission, or |
10 | | the Sheriff's Office if no Sheriff's Merit
Commission |
11 | | exists, shall establish a schedule of reasonable intervals |
12 | | for
verification of the applicants' qualifications under
|
13 | | this Act and as established by the Board.
|
14 | | g. Minimum in-service training requirements, which a |
15 | | law enforcement officer must satisfactorily complete every |
16 | | 3 years. Those requirements shall include constitutional |
17 | | and proper use of law enforcement authority, procedural |
18 | | justice, civil rights, human rights, reporting child abuse |
19 | | and neglect, and cultural competency, including implicit |
20 | | bias and racial and ethnic sensitivity. |
21 | | h. Minimum in-service training requirements, which a |
22 | | law enforcement officer must satisfactorily complete at |
23 | | least annually. Those requirements shall include law |
24 | | updates, emergency medical response training and |
25 | | certification, crisis intervention training, and officer |
26 | | wellness and mental health. |
|
| | HB3512 Enrolled | - 101 - | LRB102 14806 KMF 20159 b |
|
|
1 | | i. Minimum in-service training requirements as set |
2 | | forth in Section 10.6. |
3 | | Notwithstanding any provision of law to the contrary, the |
4 | | changes made to this Section by this amendatory Act of the |
5 | | 102nd General Assembly, Public Act 101-652, and Public Act |
6 | | 102-28 take effect July 1, 2022. |
7 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; |
8 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. |
9 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
10 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; |
11 | | 101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section |
12 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
13 | | 1-1-22; revised 4-26-21.)
|
14 | | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
|
15 | | (Text of Section before amendment by P.A. 101-652 )
|
16 | | Sec. 8.1. Full-time police and county corrections |
17 | | officers.
|
18 | | (a) After January 1, 1976, no person shall receive a |
19 | | permanent
appointment as a law enforcement officer as defined |
20 | | in this
Act nor shall any person receive, after the effective |
21 | | date of this
amendatory Act of 1984, a permanent appointment |
22 | | as a county corrections officer
unless that person has been |
23 | | awarded, within 6 months of his or her
initial full-time |
24 | | employment, a certificate attesting to his or her
successful |
25 | | completion of the Minimum Standards Basic Law Enforcement and |
|
| | HB3512 Enrolled | - 102 - | LRB102 14806 KMF 20159 b |
|
|
1 | | County
Correctional Training Course as prescribed by the |
2 | | Board; or has been awarded a
certificate attesting to his or |
3 | | her satisfactory completion of a training program of
similar |
4 | | content and number of hours and which course has been found |
5 | | acceptable
by the Board under the provisions of this Act; or by |
6 | | reason of extensive prior
law enforcement or county |
7 | | corrections experience the basic training requirement
is |
8 | | determined by the Board to be illogical and unreasonable.
|
9 | | If such training is required and not completed within the |
10 | | applicable 6
months, then the officer must forfeit his or her |
11 | | position, or the employing agency
must obtain a waiver from |
12 | | the Board extending the period for
compliance. Such waiver |
13 | | shall be issued only for good and justifiable
reasons, and in |
14 | | no case shall extend more than 90 days beyond the
initial 6 |
15 | | months. Any hiring agency that fails to train a law |
16 | | enforcement officer within this period shall be prohibited |
17 | | from employing this individual in a law enforcement capacity |
18 | | for one year from the date training was to be completed. If an |
19 | | agency again fails to train the individual a second time, the |
20 | | agency shall be permanently barred from employing this |
21 | | individual in a law enforcement capacity.
|
22 | | (b) No provision of this Section shall be construed to |
23 | | mean that a
law enforcement officer employed by a local |
24 | | governmental agency
at the time of the effective date of this |
25 | | amendatory Act, either as a
probationary police officer or as |
26 | | a permanent police officer, shall
require certification under |
|
| | HB3512 Enrolled | - 103 - | LRB102 14806 KMF 20159 b |
|
|
1 | | the provisions of this Section. No provision
of this Section |
2 | | shall be construed to mean that a county corrections
officer |
3 | | employed by a local governmental agency at the time of the
|
4 | | effective date of this amendatory Act of 1984, either as a |
5 | | probationary
county corrections or as a permanent county |
6 | | corrections officer, shall
require certification under the |
7 | | provisions of this Section. No provision of
this Section shall |
8 | | be construed to apply to certification of elected county
|
9 | | sheriffs.
|
10 | | (c) This Section does not apply to part-time police |
11 | | officers or
probationary part-time police officers.
|
12 | | (Source: P.A. 101-187, eff. 1-1-20 .)
|
13 | | (Text of Section after amendment by P.A. 101-652 )
|
14 | | Sec. 8.1. Full-time law enforcement and county corrections |
15 | | officers.
|
16 | | (a) No person shall receive a permanent
appointment as a |
17 | | law enforcement officer or a permanent appointment as a county |
18 | | corrections officer
unless that person has been awarded, |
19 | | within 6 months of the officer's
initial full-time employment, |
20 | | a certificate attesting to the officer's
successful completion |
21 | | of the Minimum Standards Basic Law Enforcement or County
|
22 | | Correctional Training Course as prescribed by the Board; or |
23 | | has been awarded a
certificate attesting to the officer's |
24 | | satisfactory completion of a training program of
similar |
25 | | content and number of hours and which course has been found |
|
| | HB3512 Enrolled | - 104 - | LRB102 14806 KMF 20159 b |
|
|
1 | | acceptable
by the Board under the provisions of this Act; or a |
2 | | training waiver by reason of extensive prior
law enforcement |
3 | | or county corrections experience the basic training |
4 | | requirement
is determined by the Board to be illogical and |
5 | | unreasonable.
|
6 | | If such training is required and not completed within the |
7 | | applicable 6
months, then the officer must forfeit the |
8 | | officer's position, or the employing agency
must obtain a |
9 | | waiver from the Board extending the period for
compliance. |
10 | | Such waiver shall be issued only for good and justifiable
|
11 | | reasons, and in no case shall extend more than 90 days beyond |
12 | | the
initial 6 months. Any hiring agency that fails to train a |
13 | | law enforcement officer within this period shall be prohibited |
14 | | from employing this individual in a law enforcement capacity |
15 | | for one year from the date training was to be completed. If an |
16 | | agency again fails to train the individual a second time, the |
17 | | agency shall be permanently barred from employing this |
18 | | individual in a law enforcement capacity.
|
19 | | An individual who is not certified by the Board or whose |
20 | | certified status is inactive shall not function as a law |
21 | | enforcement officer, be assigned the duties of a law |
22 | | enforcement officer by an employing agency, or be authorized |
23 | | to carry firearms under the authority of the employer, except |
24 | | as otherwise authorized to carry a firearm under State or |
25 | | federal law. Sheriffs who are elected as of the effective date |
26 | | of this Amendatory Act of the 101st General Assembly, are |
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1 | | exempt from the requirement of certified status. Failure to be |
2 | | certified in accordance with this Act shall cause the officer |
3 | | to forfeit the officer's position. |
4 | | An employing agency may not grant a person status as a law |
5 | | enforcement officer unless the person has been granted an |
6 | | active law enforcement officer certification by the Board. |
7 | | (b) Inactive status. A person who has an inactive law |
8 | | enforcement officer certification has no law enforcement |
9 | | authority. |
10 | | (1) A law enforcement officer's certification becomes |
11 | | inactive upon termination, resignation, retirement, or |
12 | | separation from the officer's employing law enforcement |
13 | | governmental agency for any reason. The Board shall |
14 | | re-activate a certification upon written application from |
15 | | the law enforcement officer's law enforcement governmental |
16 | | agency that shows the law enforcement officer: (i) has |
17 | | accepted a full-time law enforcement position with that |
18 | | law enforcement governmental agency, (ii) is not the |
19 | | subject of a decertification proceeding, and (iii) meets |
20 | | all other criteria for re-activation required by the |
21 | | Board. The Board may also establish special training |
22 | | requirements to be completed as a condition for |
23 | | re-activation. |
24 | | The Board shall review a notice for reactivation from |
25 | | a law enforcement agency and provide a response within 30 |
26 | | days. The Board may extend this review. A law enforcement |
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1 | | officer shall be allowed to be employed as a full-time law |
2 | | enforcement officer while the law enforcement officer |
3 | | reactivation waiver is under review. |
4 | | A law enforcement officer who is refused reactivation |
5 | | or an employing agency of a A law enforcement officer who |
6 | | is refused reactivation under this Section may request a |
7 | | hearing in accordance with the hearing procedures as |
8 | | outlined in subsection (h) of Section 6.3 of this Act. |
9 | | The Board may refuse to re-activate the certification |
10 | | of a law enforcement officer who was involuntarily |
11 | | terminated for good cause by an employing his or her |
12 | | governmental agency for conduct subject to decertification |
13 | | under this Act or resigned or retired after receiving |
14 | | notice of a law enforcement governmental agency's |
15 | | investigation. |
16 | | (2) A law enforcement agency may place an officer who |
17 | | is currently certified can place his or her certificate on |
18 | | inactive status by sending a written request to the Board. |
19 | | A law enforcement officer whose certificate has been |
20 | | placed on inactive status shall not function as a law |
21 | | enforcement officer until the officer has completed any |
22 | | requirements for reactivating the certificate as required |
23 | | by the Board. A request for inactive status in this |
24 | | subsection shall be in writing, accompanied by verifying |
25 | | documentation, and shall be submitted to the Board with a |
26 | | copy to the chief administrator of the law enforcement |
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1 | | officer's current or new employing governmental agency. |
2 | | (3) Certification that has become inactive under |
3 | | paragraph (2) of this subsection (b), shall be reactivated |
4 | | by written notice from the law enforcement officer's |
5 | | agency upon a showing that the law enforcement officer is: |
6 | | (i) employed in a full-time law enforcement position with |
7 | | the same law enforcement governmental agency (ii) not the |
8 | | subject of a decertification proceeding, and (iii) meets |
9 | | all other criteria for re-activation required by the |
10 | | Board. |
11 | | (4) Notwithstanding paragraph (3) of this subsection |
12 | | (b), a law enforcement officer whose certification has |
13 | | become inactive under paragraph (2) may have the officer's |
14 | | employing governmental agency submit a request for a |
15 | | waiver of training requirements to the Board in writing |
16 | | and accompanied by any verifying documentation. . A grant |
17 | | of a waiver is within the discretion of the Board. Within 7 |
18 | | days of receiving a request for a waiver under this |
19 | | section, the Board shall notify the law enforcement |
20 | | officer and the chief administrator of the law enforcement |
21 | | officer's employing governmental agency, whether the |
22 | | request has been granted, denied, or if the Board will |
23 | | take additional time for information. A law enforcement |
24 | | agency, whose request for a waiver under this subsection |
25 | | is denied, is entitled to request a review of the denial by |
26 | | the Board. The law enforcement agency must request a |
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1 | | review within 20 days of the waiver being denied. The |
2 | | burden of proof shall be on the law enforcement agency to |
3 | | show why the law enforcement officer is entitled to a |
4 | | waiver of the legislatively required training and |
5 | | eligibility requirements. A law enforcement officer whose |
6 | | request for a waiver under this subsection is denied is |
7 | | entitled to appeal the denial to the Board within 20 days |
8 | | of the waiver being denied. |
9 | | (c) No provision
of this Section shall be construed to |
10 | | mean that a county corrections
officer employed by a |
11 | | governmental agency at the time of the
effective date of this |
12 | | amendatory Act, either as a probationary
county corrections or |
13 | | as a permanent county corrections officer, shall
require |
14 | | certification under the provisions of this Section. No |
15 | | provision of
this Section shall be construed to apply to |
16 | | certification of elected county
sheriffs.
|
17 | | (d) Within 14 days, a law enforcement officer shall report |
18 | | to the Board: (1) any name change; (2) any change in |
19 | | employment; or (3) the filing of any criminal indictment or |
20 | | charges against the officer alleging that the officer |
21 | | committed any offense as enumerated in Section 6.1 of this |
22 | | Act. |
23 | | (e) All law enforcement officers must report the |
24 | | completion of the training requirements required in this Act |
25 | | in compliance with Section 8.4 of this Act. |
26 | | (e-1) Each employing law enforcement governmental agency |
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1 | | shall allow and provide an opportunity for a law enforcement |
2 | | officer to complete the mandated requirements in this Act. All |
3 | | mandated training shall be provided for at no cost to the |
4 | | employees. Employees shall be paid for all time spent |
5 | | attending mandated training. |
6 | | (e-2) Each agency, academy, or training provider shall |
7 | | maintain proof of a law enforcement officer's completion of |
8 | | legislatively required training in a format designated by the |
9 | | Board. The report of training shall be submitted to the Board |
10 | | within 30 days following completion of the training. A copy of |
11 | | the report shall be submitted to the law enforcement officer. |
12 | | Upon receipt of a properly completed report of training, the |
13 | | Board will make the appropriate entry into the training |
14 | | records of the law enforcement officer. |
15 | | (f) This Section does not apply to part-time law |
16 | | enforcement officers or
probationary part-time law enforcement |
17 | | officers.
|
18 | | (g) Notwithstanding any provision of law to the contrary, |
19 | | the changes made to this Section by this amendatory Act of the |
20 | | 102nd General Assembly, Public Act 101-652, and Public Act |
21 | | 102-28 take effect July 1, 2022. |
22 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)
|
23 | | (50 ILCS 705/8.2)
|
24 | | (Text of Section before amendment by P.A. 101-652 )
|
25 | | Sec. 8.2. Part-time police officers.
|
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1 | | (a) A person hired to serve as a part-time
police officer |
2 | | must obtain from the Board a certificate (i) attesting to his
|
3 | | or her successful completion of the part-time police training |
4 | | course; (ii)
attesting to his or her satisfactory completion |
5 | | of a training program of
similar content and number of hours |
6 | | that has been found acceptable by the
Board under the |
7 | | provisions of this Act; or (iii) attesting to the Board's
|
8 | | determination that the part-time police training course is |
9 | | unnecessary because
of the person's extensive prior law |
10 | | enforcement experience.
A person hired on or after the |
11 | | effective date of this amendatory Act of the
92nd General |
12 | | Assembly must obtain this certificate within 18 months after |
13 | | the
initial date of hire as a probationary part-time police |
14 | | officer in the State of
Illinois. The probationary part-time |
15 | | police officer must be enrolled and
accepted into a |
16 | | Board-approved course within 6 months after active employment
|
17 | | by any department in the State.
A person hired
on or after |
18 | | January 1, 1996 and before the effective date of this |
19 | | amendatory
Act of the 92nd General Assembly must obtain this |
20 | | certificate within 18
months
after the date of hire. A person |
21 | | hired before
January 1, 1996 must obtain this certificate |
22 | | within 24 months after the
effective date of this amendatory |
23 | | Act of 1995.
|
24 | | The employing agency may seek a waiver from the Board |
25 | | extending the period
for compliance. A waiver shall be issued |
26 | | only for good and justifiable
reasons, and the probationary |
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1 | | part-time police officer may not practice as a
part-time
|
2 | | police officer during the waiver period. If training is
|
3 | | required and not completed within the applicable time period, |
4 | | as extended by
any waiver that may be granted, then the officer |
5 | | must forfeit his or her
position.
|
6 | | (b) (Blank).
|
7 | | (c) The part-time police training course referred to in |
8 | | this Section
shall be of similar content and the same number of |
9 | | hours as the courses for
full-time officers and
shall be |
10 | | provided by
Mobile Team In-Service Training Units under the |
11 | | Intergovernmental Law
Enforcement Officer's In-Service |
12 | | Training Act or by another approved program
or facility in a |
13 | | manner prescribed by the
Board.
|
14 | | (d) For the purposes of this Section, the Board shall |
15 | | adopt rules defining
what constitutes employment on a |
16 | | part-time basis.
|
17 | | (Source: P.A. 92-533, eff. 3-14-02.)
|
18 | | (Text of Section after amendment by P.A. 101-652 )
|
19 | | Sec. 8.2. Part-time law enforcement officers.
|
20 | | (a) A person hired to serve as a part-time law enforcement
|
21 | | officer must obtain from the Board a certificate (i) attesting |
22 | | to the officer's successful completion of the part-time police |
23 | | training course; (ii)
attesting to the officer's satisfactory |
24 | | completion of a training program of
similar content and number |
25 | | of hours that has been found acceptable by the
Board under the |
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1 | | provisions of this Act; or (iii) a training waiver attesting |
2 | | to the Board's
determination that the part-time police |
3 | | training course is unnecessary because
of the person's |
4 | | extensive prior law enforcement experience.
A person hired on |
5 | | or after the effective date of this amendatory Act of the
92nd |
6 | | General Assembly must obtain this certificate within 18 months |
7 | | after the
initial date of hire as a probationary part-time law |
8 | | enforcement officer in the State of
Illinois. The probationary |
9 | | part-time law enforcement officer must be enrolled and
|
10 | | accepted into a Board-approved course within 6 months after |
11 | | active employment
by any department in the State.
A person |
12 | | hired
on or after January 1, 1996 and before the effective date |
13 | | of this amendatory
Act of the 92nd General Assembly must |
14 | | obtain this certificate within 18
months
after the date of |
15 | | hire. A person hired before
January 1, 1996 must obtain this |
16 | | certificate within 24 months after the
effective date of this |
17 | | amendatory Act of 1995.
|
18 | | The employing agency may seek an extension waiver from the |
19 | | Board extending the period
for compliance. An extension waiver |
20 | | shall be issued only for good and justifiable
reasons, and the |
21 | | probationary part-time law enforcement officer may not |
22 | | practice as a
part-time law enforcement
officer during the |
23 | | extension waiver period. If training is
required and not |
24 | | completed within the applicable time period, as extended by
|
25 | | any waiver that may be granted, then the officer must forfeit |
26 | | the officer's
position.
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1 | | An individual who is not certified by the Board or whose |
2 | | certified status is inactive shall not function as a law |
3 | | enforcement officer, be assigned the duties of a law |
4 | | enforcement officer by an agency, or be authorized to carry |
5 | | firearms under the authority of the employer, except that |
6 | | sheriffs who are elected are exempt from the requirement of |
7 | | certified status. Failure to be in accordance with this Act |
8 | | shall cause the officer to forfeit the officer's position. |
9 | | (a-5) A part-time probationary law enforcement officer |
10 | | shall be allowed to complete six months of a part-time police |
11 | | training course and function as a law enforcement officer as |
12 | | permitted by this subsection with a waiver from the Board, |
13 | | provided the part-time law enforcement officer is still |
14 | | enrolled in the training course. If the part-time probationary |
15 | | law enforcement officer withdraws from the course for any |
16 | | reason or does not complete the course within the applicable |
17 | | time period, as extended by any waiver that may be granted, |
18 | | then the officer must forfeit the officer's position. A |
19 | | probationary law enforcement officer must function under the |
20 | | following rules: |
21 | | (1) A law enforcement governmental agency may not |
22 | | grant a person status as a law enforcement officer unless |
23 | | the person has been granted an active law enforcement |
24 | | officer certification by the Board. |
25 | | (2) A part-time probationary law enforcement officer |
26 | | shall not be used as a permanent replacement for a |
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1 | | full-time law enforcement. |
2 | | (3) A part-time probationary law enforcement officer |
3 | | shall be directly supervised at all times by a Board |
4 | | certified law enforcement officer. Direct supervision |
5 | | requires oversight and control with the supervisor having |
6 | | final decision-making authority as to the actions of the |
7 | | recruit during duty hours. |
8 | | (b) Inactive status. A person who has an inactive law |
9 | | enforcement officer certification has no law enforcement |
10 | | authority. |
11 | | (1) A law enforcement officer's certification becomes |
12 | | inactive upon termination, resignation, retirement, or |
13 | | separation from the employing governmental agency for any |
14 | | reason. The Board shall re-activate a certification upon |
15 | | written application from the law enforcement officer's |
16 | | employing governmental agency that shows the law |
17 | | enforcement officer: (i) has accepted a part-time law |
18 | | enforcement position with that a law enforcement |
19 | | governmental agency, (ii) is not the subject of a |
20 | | decertification proceeding, and (iii) meets all other |
21 | | criteria for re-activation required by the Board. |
22 | | The Board may refuse to re-activate the certification |
23 | | of a law enforcement officer who was involuntarily |
24 | | terminated for good cause by the officer's employing |
25 | | governmental agency for conduct subject to decertification |
26 | | under this Act or resigned or retired after receiving |
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1 | | notice of a law enforcement governmental agency's |
2 | | investigation. |
3 | | (2) A law enforcement agency may place an officer who |
4 | | is currently certified can place his or her certificate on |
5 | | inactive status by sending a written request to the Board. |
6 | | A law enforcement officer whose certificate has been |
7 | | placed on inactive status shall not function as a law |
8 | | enforcement officer until the officer has completed any |
9 | | requirements for reactivating the certificate as required |
10 | | by the Board. A request for inactive status in this |
11 | | subsection shall be in writing, accompanied by verifying |
12 | | documentation, and shall be submitted to the Board by the |
13 | | law enforcement officer's employing governmental agency. |
14 | | (3) Certification that has become inactive under |
15 | | paragraph (2) of this subsection (b), shall be reactivated |
16 | | by written notice from the law enforcement officer's law |
17 | | enforcement agency upon a showing that the law enforcement |
18 | | officer is: (i) employed in a part-time full-time law |
19 | | enforcement position with the same law enforcement |
20 | | governmental agency, (ii) not the subject of a |
21 | | decertification proceeding, and (iii) meets all other |
22 | | criteria for re-activation required by the Board. The |
23 | | Board may also establish special training requirements to |
24 | | be completed as a condition for re-activation. |
25 | | The Board shall review a notice for reactivation from |
26 | | a law enforcement agency and provide a response within 30 |
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1 | | days. The Board may extend this review. A law enforcement |
2 | | officer shall be allowed to be employed as a part-time law |
3 | | enforcement officer while the law enforcement officer |
4 | | reactivation waiver is under review. |
5 | | A law enforcement officer who is refused reactivation |
6 | | or an employing agency of a A law enforcement officer who |
7 | | is refused reactivation under this Section may request a |
8 | | hearing in accordance with the hearing procedures as |
9 | | outlined in subsection (h) of Section 6.3 of this Act. |
10 | | (4) Notwithstanding paragraph (3) of this Section, a |
11 | | law enforcement officer whose certification has become |
12 | | inactive under paragraph (2) may have the officer's |
13 | | employing governmental agency submit a request for a |
14 | | waiver of training requirements to the Board in writing |
15 | | and accompanied by any verifying documentation . A grant of |
16 | | a waiver is within the discretion of the Board. Within 7 |
17 | | days of receiving a request for a waiver under this |
18 | | section, the Board shall notify the law enforcement |
19 | | officer and the chief administrator of the law enforcement |
20 | | officer's employing governmental agency, whether the |
21 | | request has been granted, denied, or if the Board will |
22 | | take additional time for information. A law enforcement |
23 | | agency or law enforcement officer, whose request for a |
24 | | waiver under this subsection is denied, is entitled to |
25 | | request a review of the denial by the Board. The law |
26 | | enforcement agency must request a review within 20 days |
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1 | | after the waiver being denied. The burden of proof shall |
2 | | be on the law enforcement agency to show why the law |
3 | | enforcement officer is entitled to a waiver of the |
4 | | legislatively required training and eligibility |
5 | | requirements. A law enforcement officer whose request for |
6 | | a waiver under this subsection is denied is entitled to |
7 | | appeal the denial to the Board within 20 days of the waiver |
8 | | being denied.
|
9 | | (c) The part-time police training course referred to in |
10 | | this Section
shall be of similar content and the same number of |
11 | | hours as the courses for
full-time officers and
shall be |
12 | | provided by
Mobile Team In-Service Training Units under the |
13 | | Intergovernmental Law
Enforcement Officer's In-Service |
14 | | Training Act or by another approved program
or facility in a |
15 | | manner prescribed by the
Board.
|
16 | | (d) Within 14 days, a law enforcement officer shall report |
17 | | to the Board: (1) any name change; (2) any change in |
18 | | employment; or (3) the filing of any criminal indictment or |
19 | | charges against the officer alleging that the officer |
20 | | committed any offense as enumerated in Section 6.1 of this |
21 | | Act. |
22 | | (e) All law enforcement officers must report the |
23 | | completion of the training requirements required in this Act |
24 | | in compliance with Section 8.4 of this Act. |
25 | | (e-1) Each employing agency shall allow and provide an |
26 | | opportunity for a law enforcement officer to complete the |
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1 | | requirements in this Act. All mandated training shall be |
2 | | provided for at no cost to the employees. Employees shall be |
3 | | paid for all time spent attending mandated training. |
4 | | (e-2) Each agency, academy, or training provider shall |
5 | | maintain proof of a law enforcement officer's completion of |
6 | | legislatively required training in a format designated by the |
7 | | Board. The report of training shall be submitted to the Board |
8 | | within 30 days following completion of the training. A copy of |
9 | | the report shall be submitted to the law enforcement officer. |
10 | | Upon receipt of a properly completed report of training, the |
11 | | Board will make the appropriate entry into the training |
12 | | records of the law enforcement officer. |
13 | | (f) For the purposes of this Section, the Board shall |
14 | | adopt rules defining
what constitutes employment on a |
15 | | part-time basis.
|
16 | | (g) Notwithstanding any provision of law to the contrary, |
17 | | the changes made to this Section by this amendatory Act of the |
18 | | 102nd General Assembly and Public Act 101-652 take effect July |
19 | | 1, 2022. |
20 | | (Source: P.A. 101-652, eff. 1-1-22.)
|
21 | | (50 ILCS 705/8.3) |
22 | | (This Section may contain text from a Public Act with a |
23 | | delayed effective date ) |
24 | | Sec. 8.3. Emergency order of suspension. |
25 | | (a) The Board, upon being notified that a law enforcement |
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1 | | officer has been arrested or indicted on any felony charge or |
2 | | charges, may immediately suspend the law enforcement officer's |
3 | | certification for a term specified by the Board to begin no |
4 | | sooner than the date of the violation . The Board shall also |
5 | | notify the chief administrator of any law enforcement |
6 | | governmental agency currently employing the officer. The Board |
7 | | shall have authority to dissolve an emergency order of |
8 | | suspension at any time for any reason. |
9 | | (a-5) The Board may consider the following factors in |
10 | | determining the term of a suspension: |
11 | | (1) the seriousness of the conduct resulting in the |
12 | | arrest; |
13 | | (2) whether the offense contains an element of actual |
14 | | or threatened bodily injury or coerce against another |
15 | | person; |
16 | | (3) the law enforcement officer's previous arrests; |
17 | | (4) the law enforcement officer's previous |
18 | | certification suspensions; |
19 | | (5) actual or potential harm to public safety; and |
20 | | (6) rebuttal evidence regarding mitigating factors. |
21 | | (b) Notice of the immediate suspension shall be served on |
22 | | the law enforcement officer, the employing governmental |
23 | | agency, the chief executive of the employing agency |
24 | | municipality , and state the reason for suspension within seven |
25 | | days. |
26 | | (c) Upon service of the notice, the law enforcement |
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1 | | officer's employing agency officer shall have 30 days to |
2 | | request to be heard by the Panel. The hearing, if requested by |
3 | | the officer licensee , shall follow the hearing procedures as |
4 | | outlined in subsection (h) of Section 6.3 of this Act. In the |
5 | | hearing, the written communication and any other evidence |
6 | | obtained therewith may be introduced as evidence against the |
7 | | law enforcement officer; provided however, the law enforcement |
8 | | officer, or their counsel, shall have the opportunity to |
9 | | discredit, impeach and submit evidence rebutting such evidence |
10 | | to explain why the officer's certification should not be |
11 | | suspended or why the suspension should be shortened. The law |
12 | | enforcement officer may also present any rebuttal evidence of |
13 | | mitigating factors. |
14 | | (d) At the meeting, the law enforcement officer may |
15 | | present evidence, witnesses and argument as to why the |
16 | | officer's certification should not be suspended. The Panel |
17 | | shall review the recommendation from the administrative law |
18 | | judge regarding the suspension, and if the Panel finds that |
19 | | the proof is evident or the presumption great that the officer |
20 | | has committed the offense charged, the Panel can sustain or |
21 | | reduce the length of the suspension. If the Panel does not find |
22 | | that the proof is evident or the presumption great that the |
23 | | officer has committed the offense charged, the Panel can |
24 | | reverse the suspension. |
25 | | If the law enforcement officer does not request to be |
26 | | heard or does not appear, the Panel may hold the hearing in the |
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1 | | officer's absence. The law enforcement officer and the |
2 | | employing governmental agency shall be notified of the |
3 | | decision of the Panel within 7 days. The law enforcement |
4 | | officer may request to suspend the hearing until after the |
5 | | officer's criminal trial has occurred, however the suspension |
6 | | will remain intact until the hearing. |
7 | | (e) Findings and conclusions made in hearing for an |
8 | | emergency suspension shall not be binding on any party in any |
9 | | subsequent proceeding under this Act. |
10 | | (f) A Panel member acting in good faith, and not in a |
11 | | willful and wanton manner, in accordance with this Section, |
12 | | shall not, as a result of such actions, be subject to criminal |
13 | | prosecution or civil damages, including but not limited to |
14 | | lost wages.
|
15 | | (g) Notwithstanding any provision of law to the contrary, |
16 | | the changes made to this Section by this amendatory Act of the |
17 | | 102nd General Assembly and Public Act 101-652 take effect July |
18 | | 1, 2022. |
19 | | (Source: P.A. 101-652, eff. 1-1-22.) |
20 | | (50 ILCS 705/8.4) |
21 | | (This Section may contain text from a Public Act with a |
22 | | delayed effective date ) |
23 | | Sec. 8.4. Law enforcement compliance verification. |
24 | | (a)(1) Unless on inactive status under subsection (b) of |
25 | | Section 8.1 or subsection (b) of Section 8.2, every law |
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1 | | enforcement officer subject to this Act shall submit a |
2 | | verification form that confirms compliance with this Act. The |
3 | | verification shall apply to the 3 calendar years preceding the |
4 | | date of verification. Law enforcement officers shall submit |
5 | | the officer's first report by January 30 during the initial |
6 | | three-year reporting period, as determined on the basis of the |
7 | | law enforcement officer's last name under paragraph (2) of |
8 | | this subsection then every third year of the officer's |
9 | | applicable three-year report period as determined by the |
10 | | Board. At the conclusion of each law enforcement officer's |
11 | | applicable reporting period, the chief administrative officer |
12 | | of the officer's law enforcement governmental agency is to |
13 | | determine the compliance of each officer under this Section. |
14 | | An officer may verify their successful completion of training |
15 | | requirements with their law enforcement governmental agency. |
16 | | Each law enforcement officer is responsible for reporting and |
17 | | demonstrating compliance to the officer's chief administrative |
18 | | officer. |
19 | | (2) The applicable three-year reporting period shall begin |
20 | | on January 30, 2023 for law enforcement officers whose last |
21 | | names being with the letters A through G, on January 30, 2024 |
22 | | for law enforcement officers whose last names being with the |
23 | | letters H through O, and January 30, 2025 for law enforcement |
24 | | officers whose last names being with the letters P through Z. |
25 | | (3) The compliance verification form shall be in a form |
26 | | and manner prescribed by the Board and, at a minimum, include |
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1 | | the following: (i) verification that the law enforcement |
2 | | officer has completed the mandatory training programs in the |
3 | | preceding 3 years; (ii) the law enforcement officer's current |
4 | | employment information, including but not limited to, the |
5 | | termination of any previous law enforcement or security |
6 | | employment in the relevant time period; and (iii) a statement |
7 | | verifying that the officer has not committed misconduct under |
8 | | Section 6.1. |
9 | | (b) (1) On October 1 of each year, the Board shall send |
10 | | notice to all certified law enforcement officers, unless |
11 | | exempted in (a), of the upcoming deadline to submit the |
12 | | compliance verification form. No later than March 1 of each |
13 | | year, the Board shall send notice to all certified law |
14 | | enforcement officers who have failed to submit the compliance |
15 | | verification form, as well as the officer's law enforcement |
16 | | governmental agencies. The Board shall not send a notice of |
17 | | noncompliance to law enforcement officers whom the Board |
18 | | knows, based on the status of the law enforcement officer's |
19 | | certification status, are inactive or retired. The Board may |
20 | | accept compliance verification forms until April 1 of the year |
21 | | in which a law enforcement officer is required to submit the |
22 | | form. |
23 | | (2) No earlier than April 1 of the year in which a law |
24 | | enforcement officer is required to submit a verification form, |
25 | | the Board may determine a law enforcement officer's |
26 | | certification to be inactive if the law enforcement officer |
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1 | | failed to either: (1) submit a compliance verification in |
2 | | accordance with this Section; or (2) report an exemption from |
3 | | the requirements of this Section. The Board shall then send |
4 | | notice, by mail or email, to any such law enforcement officer |
5 | | and the officer's law enforcement governmental agency that the |
6 | | officer's certificate will be deemed inactive on the date |
7 | | specified in the notice, which shall be no sooner than 21 days |
8 | | from the date of the notice, because of the officer's failure |
9 | | to comply or report compliance, or failure to report an |
10 | | exemption. The Board shall deem inactive the certificate of |
11 | | such law enforcement officers on the date specified in the |
12 | | notice unless the Board determines before that date that the |
13 | | law enforcement officer has complied. A determination that a |
14 | | certificate is inactive under this section is not a |
15 | | disciplinary sanction. |
16 | | (3) A law enforcement officer who was on voluntary |
17 | | inactive status shall, upon return to active status, be |
18 | | required to complete the deferred training programs within 1 |
19 | | year. |
20 | | (4) The Board may waive the reporting requirements, as |
21 | | required in this section, if the law enforcement officer or |
22 | | the officer's law enforcement governmental agency demonstrates |
23 | | the existence of mitigating circumstances justifying the law |
24 | | enforcement officer's failure to obtain the training |
25 | | requirements due to failure of the officer's law enforcement |
26 | | governmental agency or the Board to offer the training |
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1 | | requirement during the officer's required compliance |
2 | | verification period. If the Board finds that the law |
3 | | enforcement officer can meet the training requirements with |
4 | | extended time, the Board may allow the law enforcement officer |
5 | | a maximum of six additional months to complete the |
6 | | requirements. |
7 | | (5) A request for a training waiver under this subsection |
8 | | due to the mitigating circumstance shall be in writing, |
9 | | accompanied by verifying documentation, and shall be submitted |
10 | | to the Board not less than 30 days before the end of the law |
11 | | enforcement officer's required compliance verification period. |
12 | | (6) A law enforcement officer whose request for waiver |
13 | | under this subsection is denied, is entitled to a request for a |
14 | | review by the Board. The law enforcement officer or the |
15 | | officer's law enforcement agency must request a review within |
16 | | 20 days after the waiver being denied. The burden of proof |
17 | | shall be on the law enforcement officer to show why the officer |
18 | | is entitled to a waiver. A law enforcement officer whose |
19 | | request for waiver under this subsection is denied, is |
20 | | entitled to a request for a review by the Board. The law |
21 | | enforcement officer or the officer's governmental agency must |
22 | | request a review within 20 days of the waiver being denied. The |
23 | | burden of proof shall be on the law enforcement officer to show |
24 | | why the officer is entitled to a waiver. |
25 | | (c) Recordkeeping and audits. |
26 | | (1) For four years after the end of each reporting |
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1 | | period, each certified law enforcement officer shall |
2 | | maintain sufficient documentation necessary to corroborate |
3 | | compliance with the mandatory training requirements under |
4 | | this Act. |
5 | | (2) Notwithstanding any other provision in state law, |
6 | | for four years after the end of each reporting period, |
7 | | each law enforcement governmental agency shall maintain |
8 | | sufficient documentation necessary to corroborate |
9 | | compliance with the mandatory training requirements under |
10 | | this Act of each officer it employs or employed within the |
11 | | relevant time period. |
12 | | (3) The Board may audit compliance verification forms |
13 | | submitted to determine the accuracy of the submissions. |
14 | | The audit may include but is not limited to, training |
15 | | verification and a law enforcement officer background |
16 | | check. |
17 | | (d) Audits that reveal an inaccurate verification. |
18 | | (1) If an audit conducted under paragraph (3) of |
19 | | subsection (c) of this Section reveals inaccurate |
20 | | information, the Board shall provide the law enforcement |
21 | | officer and employing law enforcement governmental agency |
22 | | with written notice containing: (i) the results of the |
23 | | audit, specifying each alleged inaccuracy; (ii) a summary |
24 | | of the basis of that determination; and (iii) a deadline, |
25 | | which shall be at least 30 days from the date of the |
26 | | notice, for the law enforcement officer to file a written |
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1 | | response if the law enforcement officer objects to any of |
2 | | the contents of the notice. |
3 | | (2) After considering any response from the law |
4 | | enforcement officer, if the Board determines that the law |
5 | | enforcement officer filed an inaccurate verification, the |
6 | | law enforcement officer shall be given 60 days in which to |
7 | | file an amended verification form, together with all |
8 | | documentation specified in paragraph (e)(1), demonstrating |
9 | | full compliance with the applicable requirements. |
10 | | (3) If the results of the audit suggest that the law |
11 | | enforcement officer willfully filed a false verification |
12 | | form, the Board shall submit a formal complaint to the |
13 | | Panel for decertification. An officer who has been |
14 | | decertified for willfully filing a false verification form |
15 | | shall not be eligible for reactivation under subsection |
16 | | (e). |
17 | | (e) Reactivation. A law enforcement officer who has been |
18 | | deemed inactive due to noncompliance with the reporting |
19 | | requirements under paragraph (a)(1) may request to have the |
20 | | Board re-activate his or her certification upon submitting a |
21 | | compliance verification form that shows full compliance for |
22 | | the period in which the law enforcement officer was deemed |
23 | | inactive due to noncompliance. The Board shall make a |
24 | | determination regarding a submission under this subsection |
25 | | active no later than 7 days after the Board determines full |
26 | | compliance or continued noncompliance.
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1 | | A law enforcement officer whose request for reactivation |
2 | | under this subsection (e) is denied is entitled to request a |
3 | | review by the Board. The law enforcement officer or the |
4 | | officer's law enforcement agency must request a review within |
5 | | 20 days after reactivation being denied. The burden of proof |
6 | | shall be on the law enforcement officer or law enforcement |
7 | | agency to show that the officer is in full compliance. |
8 | | (f) Notwithstanding any provision of law to the contrary, |
9 | | the changes made to this Section by this amendatory Act of the |
10 | | 102nd General Assembly and Public Act 101-652 take effect July |
11 | | 1, 2022. |
12 | | (Source: P.A. 101-652, eff. 1-1-22.) |
13 | | (50 ILCS 705/9.2) |
14 | | (This Section may contain text from a Public Act with a |
15 | | delayed effective date ) |
16 | | Sec. 9.2. Officer professional conduct database; |
17 | | transparency. |
18 | | (a) All law enforcement governmental agencies and the |
19 | | Illinois State Police shall notify the Board of any final |
20 | | determination of a willful violation of department, agency, or |
21 | | the Illinois State Police policy, official misconduct, or |
22 | | violation of law within 10 days when: |
23 | | (1) the determination leads to a suspension of at |
24 | | least 10 days; |
25 | | (2) any infraction that would trigger an official or |
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1 | | formal investigation under a law enforcement governmental |
2 | | agency or the Illinois State Police policy; |
3 | | (3) there is an allegation of misconduct or regarding |
4 | | truthfulness as to a material fact, bias, or integrity; or |
5 | | (4) the officer resigns or retires during the course |
6 | | of an investigation and the officer has been served notice |
7 | | that the officer is under investigation. |
8 | | Agencies and the Illinois State Police may report to the |
9 | | Board any conduct they deem appropriate to disseminate to |
10 | | another law enforcement governmental agency regarding a law |
11 | | enforcement officer. |
12 | | The agency or the Illinois State Police shall report to |
13 | | the Board within 10 days of a final determination and final |
14 | | exhaustion of any administrative appeal, or the law |
15 | | enforcement officer's resignation or retirement, and shall |
16 | | provide information regarding the nature of the violation. |
17 | | This notification shall not necessarily trigger certification |
18 | | review. |
19 | | A law enforcement governmental agency and the Illinois |
20 | | State Police shall be immune from liability for a disclosure |
21 | | made as described in this subsection, unless the disclosure |
22 | | would constitute intentional misrepresentation or gross |
23 | | negligence. |
24 | | (b) Within 14 days after receiving notification Upon |
25 | | receiving notification from a law enforcement governmental |
26 | | agency or the Illinois State Police, the Board must notify the |
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1 | | law enforcement officer of the report and the officer's right |
2 | | to provide a statement regarding the reported violation. The |
3 | | law enforcement officer shall have 14 days from receiving |
4 | | notice to provide a written objection contesting information |
5 | | included in the agency's report. The objection must be filed |
6 | | with the Board on a form prescribed by the Board and a copy |
7 | | must be served on the law enforcement agency. The objection |
8 | | shall remain in the database with the reported violation. |
9 | | (c) The Board shall maintain a database readily available |
10 | | to any chief administrative officer, or the officer's |
11 | | designee, of a law enforcement governmental agency and the |
12 | | Illinois State Police that shall show for each law enforcement |
13 | | officer: (i) dates of certification, decertification, and |
14 | | inactive status; (ii) each sustained instance of departmental |
15 | | misconduct that lead to a suspension at least 10 days or any |
16 | | infraction that would trigger an official or formal |
17 | | investigation under the law enforcement governmental agency |
18 | | policy, any allegation of misconduct regarding truthfulness as |
19 | | to a material fact, bias, or integrity, or any other reported |
20 | | violation, the nature of the violation, the reason for the |
21 | | final decision of discharge or dismissal, and any statement |
22 | | provided by the officer; (iii) date of separation from |
23 | | employment from any local or state law enforcement |
24 | | governmental agency; (iv) the reason for separation from |
25 | | employment, including, but not limited to: whether the |
26 | | separation was based on misconduct or occurred while the law |
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1 | | enforcement local or State governmental agency was conducting |
2 | | an investigation of the certified individual for a violation |
3 | | of an employing agency's rules, policy or procedure or other |
4 | | misconduct or improper action. |
5 | | (1) This database shall also be accessible to the |
6 | | State's Attorney of any county in this State and the |
7 | | Attorney General for the purpose of complying with |
8 | | obligations under Brady v. Maryland (373 U.S. 83) or |
9 | | Giglio v. United States (405 U.S. 150). This database |
10 | | shall also be accessible to the chief administrative |
11 | | officer of any law enforcement governmental agency for the |
12 | | purposes of hiring law enforcement officers. This database |
13 | | shall not be accessible to anyone not listed in this |
14 | | subsection. |
15 | | (2) Before a law enforcement governmental agency may |
16 | | appoint a law enforcement officer or a person seeking a |
17 | | certification as a law enforcement officer in this State, |
18 | | the chief administrative officer or designee must check |
19 | | the Officer Professional Conduct Database, contact each |
20 | | person's previous law enforcement employers, and document |
21 | | the contact. This documentation must be available for |
22 | | review by the Board for a minimum of five years after the |
23 | | law enforcement officer's termination, retirement, |
24 | | resignation or separation with that agency. |
25 | | (3) The database, documents, materials, or other |
26 | | information in the possession or control of the Board that |
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1 | | are obtained by or disclosed to the Board under this |
2 | | subsection shall be confidential by law and privileged, |
3 | | shall not be subject to subpoena, and shall not be subject |
4 | | to discovery or admissible in evidence in any private |
5 | | civil action when sought from the Board . However, the |
6 | | Board is authorized to use such documents, materials, or |
7 | | other information in furtherance of any regulatory or |
8 | | legal action brought as part of the Board's official |
9 | | duties. The Unless otherwise required by law, the Board |
10 | | shall not disclose the database or make such documents, |
11 | | materials, or other information it has obtained or that |
12 | | has been disclosed to it to the public without the prior |
13 | | written consent of the governmental agency and the law |
14 | | enforcement officer . Neither the Board nor any person who |
15 | | received documents, materials or other information shared |
16 | | under this subsection shall be required to testify in any |
17 | | private civil action concerning the database or any |
18 | | confidential documents, materials, or information subject |
19 | | to this subsection. |
20 | | Nothing in this Section shall exempt a governmental agency |
21 | | from disclosing public records in accordance with the Freedom |
22 | | of Information Act. |
23 | | (d) The Board shall maintain a searchable database of law |
24 | | enforcement officers accessible to the public that shall |
25 | | include: (i) the law enforcement officer's employing local or |
26 | | state governmental agency; (ii) the date of the officer's |
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1 | | initial certification and the officer's current certification |
2 | | status; and (iii) any sustained complaint of misconduct that |
3 | | resulted in decertification and the date thereof; provided, |
4 | | however, that information shall not be included in the |
5 | | database that would allow the public to ascertain the home |
6 | | address of an officer or another person; provided further, |
7 | | that information regarding an officer's or another person's |
8 | | family member shall not be included in the database. The Board |
9 | | shall make the database publicly available on its website. |
10 | | (e) The Board shall maintain a searchable database of all |
11 | | completed investigations against law enforcement officers |
12 | | related to decertification. The database shall identify each |
13 | | law enforcement officer by a confidential and anonymous number |
14 | | and include: (i) the law enforcement officer's employing local |
15 | | or state governmental agency; (ii) the date of the incident |
16 | | referenced in the complaint; (iii) the location of the |
17 | | incident; (iv) the race and ethnicity of each officer involved |
18 | | in the incident; (v) the age, gender, race and ethnicity of |
19 | | each person involved in the incident, if known; (vi) whether a |
20 | | person in the complaint, including a law enforcement officer, |
21 | | was injured, received emergency medical care, was hospitalized |
22 | | or died as a result of the incident; (vii) the law enforcement |
23 | | governmental agency or other entity assigned to conduct an |
24 | | investigation of the incident; (viii) when the investigation |
25 | | was completed; (ix) whether the complaint was sustained; and |
26 | | (x) the type of misconduct investigated; provided, however, |
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1 | | that the Board shall redact or withhold such information as |
2 | | necessary to prevent the disclosure of the identity of an |
3 | | officer. The Board shall make the database publicly available |
4 | | on its website. |
5 | | (e-1) An investigation is complete when the investigation |
6 | | has either been terminated or the decertification action, |
7 | | including the administrative review process, has been |
8 | | completed, whichever is later. |
9 | | (e-2) At any time, a law enforcement officer shall have |
10 | | access to the law enforcement officer's own records on file |
11 | | with the Board, as it pertains to the databases in this |
12 | | Section. |
13 | | (f) Annual report. The Board shall submit an annual report |
14 | | to the Governor, Attorney General, President and Minority |
15 | | Leader of the Senate, and the Speaker and Minority Leader of |
16 | | the House of Representatives beginning on or before March 1, |
17 | | 2023, and every year thereafter indicating: |
18 | | (1) the number of complaints received in the preceding |
19 | | calendar year, including but not limited to the race, |
20 | | gender, and type of discretionary decertification |
21 | | complaints received; |
22 | | (2) the number of investigations initiated in the |
23 | | preceding calendar year since the
date of the last report; |
24 | | (3) the number of investigations concluded in the |
25 | | preceding calendar year; |
26 | | (4) the number of investigations pending as of the |
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1 | | last
reporting date of the preceding calendar year ; |
2 | | (5) the number of hearings held in the preceding |
3 | | calendar year; and |
4 | | (6) the number of officers decertified in the |
5 | | preceding calendar year.
|
6 | | The annual report shall be publicly available on the |
7 | | website of the Board. |
8 | | (g) Nothing in this Section shall exempt a law enforcement |
9 | | agency from which the Board has obtained data, documents, |
10 | | materials, or other information or that has disclosed data, |
11 | | documents, materials, or other information to the Board from |
12 | | disclosing public records in accordance with the Freedom of |
13 | | Information Act. |
14 | | (h) Notwithstanding any provision of law to the contrary, |
15 | | the changes made to this Section by this amendatory Act of the |
16 | | 102nd General Assembly and Public Act 101-652 take effect July |
17 | | 1, 2022. |
18 | | (Source: P.A. 101-652, eff. 1-1-22.)
|
19 | | (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
|
20 | | (Text of Section before amendment by P.A. 101-652 )
|
21 | | Sec. 10.1. Additional training programs. The Board shall |
22 | | initiate,
administer,
and conduct training programs for |
23 | | permanent police officers and permanent
county corrections |
24 | | officers in addition to the basic recruit training program.
|
25 | | The Board may initiate, administer, and conduct training |
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1 | | programs for
part-time police officers in
addition
to the |
2 | | basic part-time police training course. The training for |
3 | | permanent and
part-time
police officers and permanent county |
4 | | corrections officers may
be given in any schools selected by |
5 | | the Board. Such training may include all
or any part of the |
6 | | subjects enumerated in Section 7 of this Act.
|
7 | | The corporate authorities of all participating local |
8 | | governmental agencies
may elect to participate in the advanced |
9 | | training for permanent and
part-time police officers and |
10 | | permanent county corrections
officers but nonparticipation in |
11 | | this program shall not in any way affect the
mandatory |
12 | | responsibility of governmental units to participate in the |
13 | | basic
recruit training programs for probationary full-time and |
14 | | part-time
police
and permanent county corrections officers. |
15 | | The failure of any permanent or
part-time
police officer or |
16 | | permanent county corrections officer to
successfully complete |
17 | | any course authorized under this Section
shall not affect the |
18 | | officer's status as a member of the police
department or |
19 | | county sheriff's office of any local governmental agency.
|
20 | | The Board may initiate, administer, and conduct training |
21 | | programs for
clerks of circuit courts. Those training |
22 | | programs, at the Board's discretion,
may be the same or |
23 | | variations of training programs for law enforcement
officers.
|
24 | | The Board shall initiate, administer, and conduct a |
25 | | training program
regarding the set
up and operation of
|
26 | | portable scales for all municipal and county police officers, |
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1 | | technicians,
and employees who set up
and operate portable |
2 | | scales. This
training
program must include classroom and field |
3 | | training.
|
4 | | (Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
|
5 | | (Text of Section after amendment by P.A. 101-652 )
|
6 | | Sec. 10.1. Additional training programs. The Board shall |
7 | | initiate,
administer,
and conduct training programs for |
8 | | permanent law enforcement officers and permanent
county |
9 | | corrections officers in addition to the basic recruit training |
10 | | program.
The Board may initiate, administer, and conduct |
11 | | training programs for
part-time law enforcement officers in
|
12 | | addition
to the basic part-time law enforcement training |
13 | | course. The training for permanent and
part-time law |
14 | | enforcement
officers and permanent county corrections officers |
15 | | may
be given in any schools selected by the Board. Such |
16 | | training may include all
or any part of the subjects |
17 | | enumerated in Sections 7 and 7.4 Section 7 of this Act.
|
18 | | The corporate authorities of all participating local |
19 | | governmental agencies
may elect to participate in the advanced |
20 | | training for permanent and
part-time law enforcement officers |
21 | | and permanent county corrections
officers but nonparticipation |
22 | | in this program shall not in any way affect the
mandatory |
23 | | responsibility of governmental units to participate in the |
24 | | basic
recruit training programs for probationary full-time and |
25 | | part-time law enforcement
and permanent county corrections |
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1 | | officers. The failure of any permanent or
part-time law |
2 | | enforcement
officer or permanent county corrections officer to
|
3 | | successfully complete any course authorized under this Section
|
4 | | shall not affect the officer's status as a member of the police
|
5 | | department or county sheriff's office of any local |
6 | | governmental agency.
|
7 | | The Board may initiate, administer, and conduct training |
8 | | programs for
clerks of circuit courts. Those training |
9 | | programs, at the Board's discretion,
may be the same or |
10 | | variations of training programs for law enforcement
officers.
|
11 | | The Board shall initiate, administer, and conduct a |
12 | | training program
regarding the set
up and operation of
|
13 | | portable scales for all municipal and county police officers, |
14 | | technicians,
and employees who set up
and operate portable |
15 | | scales. This
training
program must include classroom and field |
16 | | training.
|
17 | | (Source: P.A. 101-652, eff. 1-1-22.)
|
18 | | (50 ILCS 705/10.2)
|
19 | | (Text of Section before amendment by P.A. 101-652 )
|
20 | | Sec. 10.2. Criminal background investigations.
|
21 | | (a) On and after March 14, 2002 (the effective date of |
22 | | Public Act 92-533),
an applicant for employment as a peace |
23 | | officer, or for annual certification as a retired law |
24 | | enforcement officer qualified under federal law to carry a |
25 | | concealed weapon, shall authorize an
investigation to |
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1 | | determine if
the applicant has been convicted of, or entered a |
2 | | plea of guilty to, any criminal offense that disqualifies the
|
3 | | person as a peace
officer.
|
4 | | (b) No law enforcement agency may knowingly employ a |
5 | | person, or certify a retired law enforcement officer qualified |
6 | | under federal law to carry a concealed weapon, unless (i) a
|
7 | | criminal
background investigation of that person
has been |
8 | | completed and (ii) that investigation reveals no convictions |
9 | | of or pleas of guilty to
offenses specified in subsection (a) |
10 | | of Section 6.1 of this Act.
|
11 | | (Source: P.A. 101-187, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
12 | | (Text of Section after amendment by P.A. 101-652 )
|
13 | | Sec. 10.2. Criminal background investigations.
|
14 | | (a) On and after March 14, 2002 (the effective date of |
15 | | Public Act 92-533),
an applicant for employment as a peace |
16 | | officer, or for annual certification as a retired law |
17 | | enforcement officer qualified under federal law to carry a |
18 | | concealed weapon, shall authorize an
investigation to |
19 | | determine if
the applicant has been convicted of any criminal |
20 | | offense that disqualifies the
person as a peace
officer.
|
21 | | (b) No law enforcement governmental agency may knowingly |
22 | | employ a person, or certify a retired law enforcement officer |
23 | | qualified under federal law to carry a concealed weapon, |
24 | | unless (i) a
criminal
background investigation of that person
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25 | | has been completed and (ii) that investigation reveals no |
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1 | | convictions of or pleas of guilty to
offenses specified in |
2 | | subsection (a) of Section 6.1 of this Act.
|
3 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; |
4 | | 102-558, eff. 8-20-21.)
|
5 | | (50 ILCS 705/10.6) |
6 | | (This Section may contain text from a Public Act with a |
7 | | delayed effective date ) |
8 | | Sec. 10.6. Mandatory training to be completed every 3 |
9 | | years. |
10 | | (a) The Board shall adopt rules and
minimum standards for |
11 | | in-service training requirements as set forth in this Section. |
12 | | The training shall provide officers with knowledge of policies |
13 | | and laws regulating the use of force; equip officers with |
14 | | tactics and skills, including de-escalation techniques, to |
15 | | prevent or reduce the need to use force or, when force must be |
16 | | used, to use force that is objectively reasonable, necessary, |
17 | | and proportional under the totality of the circumstances; and |
18 | | ensure appropriate supervision and accountability.
The |
19 | | training shall consist of at least 30 hours of training every 3 |
20 | | years and shall include: |
21 | | (1) At least 12 hours of hands-on, scenario-based |
22 | | role-playing. |
23 | | (2) At least 6 hours of instruction on use of force |
24 | | techniques, including the use of de-escalation techniques |
25 | | to prevent or reduce the need for force whenever safe and |
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1 | | feasible. |
2 | | (3) Specific training on the law concerning stops, |
3 | | searches, and the use of force under the Fourth Amendment |
4 | | to the United States Constitution. |
5 | | (4) Specific training on officer safety techniques, |
6 | | including cover, concealment, and time. |
7 | | (5) At least 6 hours of training focused on high-risk |
8 | | traffic stops.
|
9 | | (b) Notwithstanding any provision of law to the contrary, |
10 | | the changes made to this Section by this amendatory Act of the |
11 | | 102nd General Assembly, Public Act 101-652, and Public Act |
12 | | 102-28 take effect July 1, 2022. |
13 | | (Source: P.A. 101-652, eff. 7-1-21.) |
14 | | (50 ILCS 705/10.11) |
15 | | (Text of Section before amendment by P.A. 101-652 ) |
16 | | Sec. 10.11. Training; death and homicide investigation. |
17 | | The Illinois Law Enforcement Training Standards Board shall |
18 | | conduct or approve a training program in death and homicide |
19 | | investigation for the training of law enforcement officers of |
20 | | local government agencies. Only law enforcement officers who |
21 | | successfully complete the training program may be assigned as |
22 | | lead investigators in death and homicide investigations. |
23 | | Satisfactory completion of the training program shall be |
24 | | evidenced by a certificate issued to the law enforcement |
25 | | officer by the Illinois Law Enforcement Training Standards |
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1 | | Board.
|
2 | | The Illinois Law Enforcement Training Standards Board |
3 | | shall develop a process for waiver applications sent by a |
4 | | local law enforcement agency administrator for those officers |
5 | | whose prior training and experience as homicide investigators |
6 | | may qualify them for a waiver. The Board may issue a waiver at |
7 | | its discretion, based solely on the prior training and |
8 | | experience of an officer as a homicide investigator. This |
9 | | Section does not affect or impede the powers of the office of |
10 | | the coroner to investigate all deaths as provided in Division |
11 | | 3-3 of the Counties Code and the Coroner Training Board Act. |
12 | | (Source: P.A. 102-558, eff. 8-20-21.) |
13 | | (Text of Section after amendment by P.A. 101-652 ) |
14 | | Sec. 10.11. Training; death and homicide investigation. |
15 | | The Illinois Law Enforcement Training Standards Board shall |
16 | | conduct or approve a training program in death and homicide |
17 | | investigation for the training of law enforcement officers of |
18 | | local law enforcement government agencies. Only law |
19 | | enforcement officers who successfully complete the training |
20 | | program may be assigned as lead investigators in death and |
21 | | homicide investigations. Satisfactory completion of the |
22 | | training program shall be evidenced by a certificate issued to |
23 | | the law enforcement officer by the Illinois Law Enforcement |
24 | | Training Standards Board.
|
25 | | The Illinois Law Enforcement Training Standards Board |
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1 | | shall develop a process for waiver applications sent by a |
2 | | local governmental agency administrator for those officers |
3 | | whose prior training and experience as homicide investigators |
4 | | may qualify them for a waiver. The Board may issue a waiver at |
5 | | its discretion, based solely on the prior training and |
6 | | experience of an officer as a homicide investigator. This |
7 | | Section does not affect or impede the powers of the office of |
8 | | the coroner to investigate all deaths as provided in Division |
9 | | 3-3 of the Counties Code and the Coroner Training Board Act. |
10 | | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.) |
11 | | (50 ILCS 705/10.12) |
12 | | (Text of Section before amendment by P.A. 101-652 ) |
13 | | Sec. 10.12. Police dog training standards. All police dogs |
14 | | used by State and local law enforcement agencies for drug |
15 | | enforcement purposes pursuant to the Cannabis Control Act, the |
16 | | Illinois Controlled Substances Act, or the Methamphetamine |
17 | | Control and Community Protection Act shall be trained by |
18 | | programs that meet the minimum certification requirements set |
19 | | by the Board.
|
20 | | (Source: P.A. 101-27, eff. 6-25-19.) |
21 | | (Text of Section after amendment by P.A. 101-652 ) |
22 | | Sec. 10.12. Police dog training standards. All police dogs |
23 | | used by State and local law enforcement governmental agencies |
24 | | for drug enforcement purposes pursuant to the Cannabis Control |
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1 | | Act, the Illinois Controlled Substances Act, or the |
2 | | Methamphetamine Control and Community Protection Act shall be |
3 | | trained by programs that meet the minimum certification |
4 | | requirements set by the Board.
|
5 | | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22.) |
6 | | (50 ILCS 705/10.13) |
7 | | (Text of Section before amendment by P.A. 101-652 ) |
8 | | Sec. 10.13. Training; Post-Traumatic Stress Disorder |
9 | | (PTSD). The Illinois Law Enforcement Training Standards Board |
10 | | shall conduct or approve a training program in Post-Traumatic |
11 | | Stress Disorder (PTSD) for law enforcement officers of local |
12 | | government agencies. The purpose of that training shall be to |
13 | | equip law enforcement officers of local government agencies to |
14 | | identify the symptoms of PTSD and to respond appropriately to |
15 | | individuals exhibiting those symptoms.
|
16 | | (Source: P.A. 97-1040, eff. 1-1-13.) |
17 | | (Text of Section after amendment by P.A. 101-652 ) |
18 | | Sec. 10.13. Training; Post-Traumatic Stress Disorder |
19 | | (PTSD). The Illinois Law Enforcement Training Standards Board |
20 | | shall conduct or approve a training program in Post-Traumatic |
21 | | Stress Disorder (PTSD) for law enforcement officers of local |
22 | | law enforcement governmental agencies. The purpose of that |
23 | | training shall be to equip law enforcement officers of local |
24 | | law enforcement governmental agencies to identify the symptoms |
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1 | | of PTSD and to respond appropriately to individuals exhibiting |
2 | | those symptoms.
|
3 | | (Source: P.A. 101-652, eff. 1-1-22.) |
4 | | (50 ILCS 705/10.16) |
5 | | (Text of Section before amendment by P.A. 101-652 ) |
6 | | Sec. 10.16. Veterans' awareness. The Illinois Law |
7 | | Enforcement Training Standards Board may conduct or approve a |
8 | | training program in veterans' awareness for law enforcement |
9 | | officers of local government agencies. The program shall train |
10 | | law enforcement officers to identify issues relating to |
11 | | veterans and provide guidelines dictating how law enforcement |
12 | | officers should respond to and address such issues. Each local |
13 | | government agency is encouraged to designate an individual to |
14 | | respond to veterans' issues.
|
15 | | (Source: P.A. 98-960, eff. 1-1-15 .) |
16 | | (Text of Section after amendment by P.A. 101-652 ) |
17 | | Sec. 10.16. Veterans' awareness. The Illinois Law |
18 | | Enforcement Training Standards Board may conduct or approve a |
19 | | training program in veterans' awareness for law enforcement |
20 | | officers of local government agencies. The program shall train |
21 | | law enforcement officers to identify issues relating to |
22 | | veterans and provide guidelines dictating how law enforcement |
23 | | officers should respond to and address such issues. Each local |
24 | | law enforcement governmental agency is encouraged to designate |
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1 | | an individual to respond to veterans' issues.
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2 | | (Source: P.A. 101-652, eff. 1-1-22.) |
3 | | (50 ILCS 705/10.19) |
4 | | (Text of Section before amendment by P.A. 101-652 ) |
5 | | Sec. 10.19. Training; administration of epinephrine. |
6 | | (a) This Section, along with Section 40 of the State |
7 | | Police Act, may be referred to as the Annie LeGere Law. |
8 | | (b) For purposes of this Section, "epinephrine |
9 | | auto-injector" means a single-use device used for the |
10 | | automatic injection of a pre-measured dose of epinephrine into |
11 | | the human body prescribed in the name of a local governmental |
12 | | agency. |
13 | | (c) The Board shall conduct or approve an optional |
14 | | advanced training program for police officers to recognize and |
15 | | respond to anaphylaxis, including the administration of an |
16 | | epinephrine auto-injector. The training must include, but is |
17 | | not limited to: |
18 | | (1) how to recognize symptoms of an allergic reaction; |
19 | | (2) how to respond to an emergency involving an |
20 | | allergic reaction; |
21 | | (3) how to administer an epinephrine auto-injector; |
22 | | (4) how to respond to an individual with a known |
23 | | allergy as well as an individual with a previously unknown |
24 | | allergy; |
25 | | (5) a test demonstrating competency of the knowledge |
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1 | | required to recognize anaphylaxis and administer an |
2 | | epinephrine auto-injector; and |
3 | | (6) other criteria as determined in rules adopted by |
4 | | the Board. |
5 | | (d) A local governmental agency may authorize a police |
6 | | officer who has completed an optional advanced training |
7 | | program under subsection (c) to carry, administer, or assist |
8 | | with the administration of epinephrine auto-injectors provided |
9 | | by the local governmental agency whenever he or she is |
10 | | performing official duties. |
11 | | (e) A local governmental agency that authorizes its |
12 | | officers to carry and administer epinephrine auto-injectors |
13 | | under subsection (d) must establish a policy to control the |
14 | | acquisition, storage, transportation, administration, and |
15 | | disposal of epinephrine auto-injectors and to provide |
16 | | continued training in the administration of epinephrine |
17 | | auto-injectors. |
18 | | (f) A physician, physician's assistant with prescriptive |
19 | | authority, or advanced practice registered nurse with |
20 | | prescriptive authority may provide a standing protocol or |
21 | | prescription for epinephrine auto-injectors in the name of a |
22 | | local governmental agency to be maintained for use when |
23 | | necessary. |
24 | | (g) When a police officer administers an epinephrine |
25 | | auto-injector in good faith, the police officer and local |
26 | | governmental agency, and its employees and agents, including a |
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1 | | physician, physician's assistant with prescriptive authority, |
2 | | or advanced practice registered nurse with prescriptive |
3 | | authority who provides a standing order or prescription for an |
4 | | epinephrine auto-injector, incur no civil or professional |
5 | | liability, except for willful and wanton conduct, as a result |
6 | | of any injury or death arising from the use of an epinephrine |
7 | | auto-injector.
|
8 | | (Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; |
9 | | 100-648, eff. 7-31-18.) |
10 | | (Text of Section after amendment by P.A. 101-652 ) |
11 | | Sec. 10.19. Training; administration of epinephrine. |
12 | | (a) This Section, along with Section 40 of the State |
13 | | Police Act, may be referred to as the Annie LeGere Law. |
14 | | (b) For purposes of this Section, "epinephrine |
15 | | auto-injector" means a single-use device used for the |
16 | | automatic injection of a pre-measured dose of epinephrine into |
17 | | the human body prescribed in the name of a local law |
18 | | enforcement governmental agency. |
19 | | (c) The Board shall conduct or approve an optional |
20 | | advanced training program for law enforcement officers to |
21 | | recognize and respond to anaphylaxis, including the |
22 | | administration of an epinephrine auto-injector. The training |
23 | | must include, but is not limited to: |
24 | | (1) how to recognize symptoms of an allergic reaction; |
25 | | (2) how to respond to an emergency involving an |
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1 | | allergic reaction; |
2 | | (3) how to administer an epinephrine auto-injector; |
3 | | (4) how to respond to an individual with a known |
4 | | allergy as well as an individual with a previously unknown |
5 | | allergy; |
6 | | (5) a test demonstrating competency of the knowledge |
7 | | required to recognize anaphylaxis and administer an |
8 | | epinephrine auto-injector; and |
9 | | (6) other criteria as determined in rules adopted by |
10 | | the Board. |
11 | | (d) A local law enforcement governmental agency may |
12 | | authorize a law enforcement officer who has completed an |
13 | | optional advanced training program under subsection (c) to |
14 | | carry, administer, or assist with the administration of |
15 | | epinephrine auto-injectors provided by the local law |
16 | | enforcement governmental agency whenever the officer is |
17 | | performing official duties. |
18 | | (e) A local law enforcement governmental agency that |
19 | | authorizes its officers to carry and administer epinephrine |
20 | | auto-injectors under subsection (d) must establish a policy to |
21 | | control the acquisition, storage, transportation, |
22 | | administration, and disposal of epinephrine auto-injectors and |
23 | | to provide continued training in the administration of |
24 | | epinephrine auto-injectors. |
25 | | (f) A physician, physician's assistant with prescriptive |
26 | | authority, or advanced practice registered nurse with |
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1 | | prescriptive authority may provide a standing protocol or |
2 | | prescription for epinephrine auto-injectors in the name of a |
3 | | local law enforcement governmental agency to be maintained for |
4 | | use when necessary. |
5 | | (g) When a law enforcement officer administers an |
6 | | epinephrine auto-injector in good faith, the law enforcement |
7 | | officer and local law enforcement governmental agency, and its |
8 | | employees and agents, including a physician, physician's |
9 | | assistant with prescriptive authority, or advanced practice |
10 | | registered nurse with prescriptive authority who provides a |
11 | | standing order or prescription for an epinephrine |
12 | | auto-injector, incur no civil or professional liability, |
13 | | except for willful and wanton conduct, or as a result of any |
14 | | injury or death arising from the use of an epinephrine |
15 | | auto-injector.
|
16 | | (Source: P.A. 100-201, eff. 8-18-17; 100-648, eff. 7-31-18; |
17 | | 101-652, eff. 1-1-22.) |
18 | | (50 ILCS 705/10.20) |
19 | | (Text of Section before amendment by P.A. 101-652 ) |
20 | | Sec. 10.20. Disposal of medications. The Board shall |
21 | | develop rules and minimum standards for local governmental |
22 | | agencies that authorize police officers to dispose of unused |
23 | | medications under Section 18 of the Safe Pharmaceutical |
24 | | Disposal Act.
|
25 | | (Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.) |
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1 | | (Text of Section after amendment by P.A. 101-652 ) |
2 | | Sec. 10.20. Disposal of medications. The Board shall |
3 | | develop rules and minimum standards for local law enforcement |
4 | | governmental agencies that authorize law enforcement officers |
5 | | to dispose of unused medications under Section 18 of the Safe |
6 | | Pharmaceutical Disposal Act.
|
7 | | (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-22.) |
8 | | (50 ILCS 705/10.22) |
9 | | (Text of Section before amendment by P.A. 101-652 ) |
10 | | Sec. 10.22. School resource officers. |
11 | | (a) The Board shall develop or approve a course for school |
12 | | resource officers as defined in Section 10-20.68 of the School |
13 | | Code. |
14 | | (b) The school resource officer course shall be developed |
15 | | within one year after January 1, 2019 (the effective date of |
16 | | Public Act 100-984) and shall be created in consultation with |
17 | | organizations demonstrating expertise and or experience in the |
18 | | areas of youth and adolescent developmental issues, |
19 | | educational administrative issues, prevention of child abuse |
20 | | and exploitation, youth mental health treatment, and juvenile |
21 | | advocacy. |
22 | | (c) The Board shall develop a process allowing law |
23 | | enforcement agencies to request a waiver of this training |
24 | | requirement for any specific individual assigned as a school |
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1 | | resource officer. Applications for these waivers may be |
2 | | submitted by a local law enforcement agency chief |
3 | | administrator for any officer whose prior training and |
4 | | experience may qualify for a waiver of the training |
5 | | requirement of this subsection (c). The Board may issue a |
6 | | waiver at its discretion, based solely on the prior training |
7 | | and experience of an officer. |
8 | | (d) Upon completion, the employing agency shall be issued |
9 | | a certificate attesting to a specific officer's completion of |
10 | | the school resource officer training. Additionally, a letter |
11 | | of approval shall be issued to the employing agency for any |
12 | | officer who is approved for a training waiver under this |
13 | | subsection (d).
|
14 | | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.) |
15 | | (Text of Section after amendment by P.A. 101-652 ) |
16 | | Sec. 10.22. School resource officers. |
17 | | (a) The Board shall develop or approve a course for school |
18 | | resource officers as defined in Section 10-20.68 of the School |
19 | | Code. |
20 | | (b) The school resource officer course shall be developed |
21 | | within one year after January 1, 2019 (the effective date of |
22 | | Public Act 100-984) and shall be created in consultation with |
23 | | organizations demonstrating expertise and or experience in the |
24 | | areas of youth and adolescent developmental issues, |
25 | | educational administrative issues, prevention of child abuse |
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1 | | and exploitation, youth mental health treatment, and juvenile |
2 | | advocacy. |
3 | | (c) The Board shall develop a process allowing law |
4 | | enforcement agencies to request a waiver of this training |
5 | | requirement for any specific individual assigned as a school |
6 | | resource officer. Applications for these waivers may be |
7 | | submitted by a local law enforcement governmental agency chief |
8 | | administrator for any officer whose prior training and |
9 | | experience may qualify for a waiver of the training |
10 | | requirement of this subsection (c). The Board may issue a |
11 | | waiver at its discretion, based solely on the prior training |
12 | | and experience of an officer. |
13 | | (d) Upon completion, the employing agency shall be issued |
14 | | a certificate attesting to a specific officer's completion of |
15 | | the school resource officer training. Additionally, a letter |
16 | | of approval shall be issued to the employing agency for any |
17 | | officer who is approved for a training waiver under this |
18 | | subsection (d).
|
19 | | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19; |
20 | | 101-652, eff. 1-1-22.) |
21 | | Section 16. The Law Enforcement Officer-Worn Body Camera |
22 | | Act is amended by changing Section 10-20 as follows: |
23 | | (50 ILCS 706/10-20) |
24 | | Sec. 10-20. Requirements. |
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1 | | (a) The Board shall develop basic guidelines for the use |
2 | | of officer-worn body cameras by law enforcement agencies. The |
3 | | guidelines developed by the Board shall be the basis for the |
4 | | written policy which must be adopted by each law enforcement |
5 | | agency which employs the use of officer-worn body cameras. The |
6 | | written policy adopted by the law enforcement agency must |
7 | | include, at a minimum, all of the following: |
8 | | (1) Cameras must be equipped with pre-event recording, |
9 | | capable of recording at least the 30 seconds prior to |
10 | | camera activation, unless the officer-worn body camera was |
11 | | purchased and acquired by the law enforcement agency prior |
12 | | to July 1, 2015. |
13 | | (2) Cameras must be capable of recording for a period |
14 | | of 10 hours or more, unless the officer-worn body camera |
15 | | was purchased and acquired by the law enforcement agency |
16 | | prior to July 1, 2015. |
17 | | (3) Cameras must be turned on at all times when the |
18 | | officer is in uniform and is responding to calls for |
19 | | service or engaged in any law enforcement-related |
20 | | encounter or activity , that occurs while the officer is on |
21 | | duty. |
22 | | (A) If exigent circumstances exist which prevent |
23 | | the camera from being turned on, the camera must be |
24 | | turned on as soon as practicable. |
25 | | (B) Officer-worn body cameras may be turned off |
26 | | when the officer is inside of a patrol car which is |
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1 | | equipped with a functioning in-car camera; however, |
2 | | the officer must turn on the camera upon exiting the |
3 | | patrol vehicle for law enforcement-related encounters. |
4 | | (C) Officer-worn body cameras may be turned off |
5 | | when the officer is inside a correctional facility or |
6 | | courthouse which is equipped with a functioning camera |
7 | | system. |
8 | | (4) Cameras must be turned off when:
|
9 | | (A) the victim of a crime requests that the camera |
10 | | be turned off, and unless impractical or impossible, |
11 | | that request is made on the recording; |
12 | | (B) a witness of a crime or a community member who |
13 | | wishes to report a crime requests that the camera be |
14 | | turned off, and unless impractical or impossible that |
15 | | request is made on the recording;
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16 | | (C) the officer is interacting with a confidential |
17 | | informant used by the law enforcement agency; or |
18 | | (D) an officer of the Department of Revenue enters |
19 | | a Department of Revenue facility or conducts an |
20 | | interview during which return information will be |
21 | | discussed or visible. |
22 | | However, an officer may continue to record or resume |
23 | | recording a victim or a witness, if exigent circumstances |
24 | | exist, or if the officer has reasonable articulable |
25 | | suspicion that a victim or witness, or confidential |
26 | | informant has committed or is in the process of committing |
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1 | | a crime. Under these circumstances, and unless impractical |
2 | | or impossible, the officer must indicate on the recording |
3 | | the reason for continuing to record despite the request of |
4 | | the victim or witness. |
5 | | (4.5) Cameras may be turned off when the officer is |
6 | | engaged in community caretaking functions. However, the |
7 | | camera must be turned on when the officer has reason to |
8 | | believe that the person on whose behalf the officer is |
9 | | performing a community caretaking function has committed |
10 | | or is in the process of committing a crime. If exigent |
11 | | circumstances exist which prevent the camera from being |
12 | | turned on, the camera must be turned on as soon as |
13 | | practicable. |
14 | | (5) The officer must provide notice of recording to |
15 | | any person if the person has a reasonable expectation of |
16 | | privacy and proof of notice must be evident in the |
17 | | recording.
If exigent circumstances exist which prevent |
18 | | the officer from providing notice, notice must be provided |
19 | | as soon as practicable. |
20 | | (6) (A) For the purposes of redaction, labeling, or |
21 | | duplicating recordings, access to camera recordings shall |
22 | | be restricted to only those personnel responsible for |
23 | | those purposes. The recording officer or his or her |
24 | | supervisor may not redact, label, duplicate or otherwise |
25 | | alter the recording officer's camera recordings. Except as |
26 | | otherwise provided in this Section, the recording officer |
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1 | | and his or her supervisor may access and review recordings |
2 | | prior to completing incident reports or other |
3 | | documentation, provided that the supervisor discloses that |
4 | | fact in the report or documentation. |
5 | | (i) A law enforcement officer shall not have |
6 | | access to or review his or her body-worn
camera |
7 | | recordings or the body-worn camera recordings of |
8 | | another officer prior to completing incident reports |
9 | | or other documentation when the officer: |
10 | | (a) has been involved in or is a witness to an |
11 | | officer-involved shooting, use of deadly force |
12 | | incident, or use of force incidents resulting in |
13 | | great bodily harm; |
14 | | (b) is ordered to write a report in response |
15 | | to or during the investigation of a misconduct |
16 | | complaint against the officer. |
17 | | (ii) If the officer subject to subparagraph (i) |
18 | | prepares a report, any report shall be prepared |
19 | | without viewing body-worn camera recordings, and |
20 | | subject to supervisor's approval, officers may file |
21 | | amendatory reports after viewing body-worn camera |
22 | | recordings. Supplemental reports under this provision |
23 | | shall also contain documentation regarding access to |
24 | | the video footage. |
25 | | (B) The recording officer's assigned field |
26 | | training officer may access and review recordings for |
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1 | | training purposes. Any detective or investigator |
2 | | directly involved in the investigation of a matter may |
3 | | access and review recordings which pertain to that |
4 | | investigation but may not have access to delete or |
5 | | alter such recordings. |
6 | | (7) Recordings made on officer-worn cameras must be |
7 | | retained by the law enforcement agency or by the camera |
8 | | vendor used by the agency, on a recording medium for a |
9 | | period of 90 days. |
10 | | (A) Under no circumstances shall any recording, |
11 | | except for a non-law enforcement related activity or |
12 | | encounter, made with an officer-worn body camera be |
13 | | altered, erased, or destroyed prior to the expiration |
14 | | of the 90-day storage period.
In the event any |
15 | | recording made with an officer-worn body camera is |
16 | | altered, erased, or destroyed prior to the expiration |
17 | | of the 90-day storage period, the law enforcement |
18 | | agency shall maintain, for a period of one year, a |
19 | | written record including (i) the name of the |
20 | | individual who made such alteration, erasure, or |
21 | | destruction, and (ii) the reason for any such |
22 | | alteration, erasure, or destruction. |
23 | | (B) Following the 90-day storage period, any and |
24 | | all recordings made with an officer-worn body camera |
25 | | must be destroyed, unless any encounter captured on |
26 | | the recording has been flagged. An encounter is deemed |
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1 | | to be flagged when:
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2 | | (i) a formal or informal complaint has been |
3 | | filed; |
4 | | (ii) the officer discharged his or her firearm |
5 | | or used force during the encounter;
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6 | | (iii) death or great bodily harm occurred to |
7 | | any person in the recording;
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8 | | (iv) the encounter resulted in a detention or |
9 | | an arrest, excluding traffic stops which resulted |
10 | | in only a minor traffic offense or business |
11 | | offense; |
12 | | (v) the officer is the subject of an internal |
13 | | investigation or otherwise being investigated for |
14 | | possible misconduct;
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15 | | (vi) the supervisor of the officer, |
16 | | prosecutor, defendant, or court determines that |
17 | | the encounter has evidentiary value in a criminal |
18 | | prosecution; or |
19 | | (vii) the recording officer requests that the |
20 | | video be flagged for official purposes related to |
21 | | his or her official duties. |
22 | | (C) Under no circumstances shall any recording |
23 | | made with an officer-worn body camera relating to a |
24 | | flagged encounter be altered or destroyed prior to 2 |
25 | | years after the recording was flagged. If the flagged |
26 | | recording was used in a criminal, civil, or |
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1 | | administrative proceeding, the recording shall not be |
2 | | destroyed except upon a final disposition and order |
3 | | from the court. |
4 | | (D) Nothing in this Act prohibits law enforcement |
5 | | agencies from labeling officer-worn body camera video |
6 | | within the recording medium; provided that the |
7 | | labeling does not alter the actual recording of the |
8 | | incident captured on the officer-worn body camera. The |
9 | | labels, titles, and tags shall not be construed as |
10 | | altering the officer-worn body camera video in any |
11 | | way. |
12 | | (8) Following the 90-day storage period, recordings |
13 | | may be retained if a supervisor at the law enforcement |
14 | | agency designates the recording for training purposes. If |
15 | | the recording is designated for training purposes, the |
16 | | recordings may be viewed by officers, in the presence of a |
17 | | supervisor or training instructor, for the purposes of |
18 | | instruction, training, or ensuring compliance with agency |
19 | | policies.
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20 | | (9) Recordings shall not be used to discipline law |
21 | | enforcement officers unless: |
22 | | (A) a formal or informal complaint of misconduct |
23 | | has been made; |
24 | | (B) a use of force incident has occurred; |
25 | | (C) the encounter on the recording could result in |
26 | | a formal investigation under the Uniform Peace |
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1 | | Officers' Disciplinary Act; or |
2 | | (D) as corroboration of other evidence of |
3 | | misconduct. |
4 | | Nothing in this paragraph (9) shall be construed to |
5 | | limit or prohibit a law enforcement officer from being |
6 | | subject to an action that does not amount to discipline. |
7 | | (10) The law enforcement agency shall ensure proper |
8 | | care and maintenance of officer-worn body cameras. Upon |
9 | | becoming aware, officers must as soon as practical |
10 | | document and notify the appropriate supervisor of any |
11 | | technical difficulties, failures, or problems with the |
12 | | officer-worn body camera or associated equipment. Upon |
13 | | receiving notice, the appropriate supervisor shall make |
14 | | every reasonable effort to correct and repair any of the |
15 | | officer-worn body camera equipment. |
16 | | (11) No officer may hinder or prohibit any person, not |
17 | | a law enforcement officer, from recording a law |
18 | | enforcement officer in the performance of his or her |
19 | | duties in a public place or when the officer has no |
20 | | reasonable expectation of privacy.
The law enforcement |
21 | | agency's written policy shall indicate the potential |
22 | | criminal penalties, as well as any departmental |
23 | | discipline, which may result from unlawful confiscation or |
24 | | destruction of the recording medium of a person who is not |
25 | | a law enforcement officer. However, an officer may take |
26 | | reasonable action to maintain safety and control, secure |
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1 | | crime scenes and accident sites, protect the integrity and |
2 | | confidentiality of investigations, and protect the public |
3 | | safety and order. |
4 | | (b) Recordings made with the use of an officer-worn body |
5 | | camera are not subject to disclosure under the Freedom of |
6 | | Information Act, except that: |
7 | | (1) if the subject of the encounter has a reasonable |
8 | | expectation of privacy, at the time of the recording, any |
9 | | recording which is flagged, due to the filing of a |
10 | | complaint, discharge of a firearm, use of force, arrest or |
11 | | detention, or resulting death or bodily harm, shall be |
12 | | disclosed in accordance with the Freedom of Information |
13 | | Act if: |
14 | | (A) the subject of the encounter captured on the |
15 | | recording is a victim or witness; and |
16 | | (B) the law enforcement agency obtains written |
17 | | permission of the subject or the subject's legal |
18 | | representative; |
19 | | (2) except as provided in paragraph (1) of this |
20 | | subsection (b), any recording which is flagged due to the |
21 | | filing of a complaint, discharge of a firearm, use of |
22 | | force, arrest or detention, or resulting death or bodily |
23 | | harm shall be disclosed in accordance with the Freedom of |
24 | | Information Act; and |
25 | | (3) upon request, the law enforcement agency shall |
26 | | disclose, in accordance with the Freedom of Information |
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1 | | Act, the recording to the subject of the encounter |
2 | | captured on the recording or to the subject's attorney, or |
3 | | the officer or his or her legal representative. |
4 | | For the purposes of paragraph (1) of this subsection (b), |
5 | | the subject of the encounter does not have a reasonable |
6 | | expectation of privacy if the subject was arrested as a result |
7 | | of the encounter. For purposes of subparagraph (A) of |
8 | | paragraph (1) of this subsection (b), "witness" does not |
9 | | include a person who is a victim or who was arrested as a |
10 | | result of the encounter.
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11 | | Only recordings or portions of recordings responsive to |
12 | | the request shall be available for inspection or reproduction. |
13 | | Any recording disclosed under the Freedom of Information Act |
14 | | shall be redacted to remove identification of any person that |
15 | | appears on the recording and is not the officer, a subject of |
16 | | the encounter, or directly involved in the encounter. Nothing |
17 | | in this subsection (b) shall require the disclosure of any |
18 | | recording or portion of any recording which would be exempt |
19 | | from disclosure under the Freedom of Information Act. |
20 | | (c) Nothing in this Section shall limit access to a camera |
21 | | recording for the purposes of complying with Supreme Court |
22 | | rules or the rules of evidence.
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23 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; |
24 | | revised 7-30-21.) |
25 | | Section 20. The Code of Criminal Procedure of 1963 is |
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1 | | amended by adding Section 103-3.5 as follows: |
2 | | (725 ILCS 5/103-3.5 new) |
3 | | Sec. 103-3.5. Right to communicate with attorney and |
4 | | family; transfers; presumption of inadmissibility. |
5 | | (a) Persons who are in police custody shall have the right |
6 | | to communicate free of charge with an attorney of his or her |
7 | | choice and members of his or her family as soon as possible |
8 | | upon being taken into police custody, but no later than 3 hours |
9 | | of arrival at the first place of detention. Persons in police |
10 | | custody must be given access to use a telephone via a landline |
11 | | or cellular phone to make 3 telephone calls. |
12 | | (b) In accordance with Section 103-7, at every police |
13 | | facility where a person is in police custody, a sign |
14 | | containing at minimum, the following information in bold block |
15 | | type must be posted in a conspicuous place: |
16 | | (1) a short statement notifying persons who are in |
17 | | police custody of their right to have access to a phone |
18 | | within 3 hours of being taken into police custody; and |
19 | | (2) that persons who are in police custody have the |
20 | | right to make 3 phone calls within 3 hours of being taken |
21 | | into custody, at no charge. |
22 | | (c) In addition to the information listed in subsection |
23 | | (b), if the place of detention is located in a jurisdiction |
24 | | where the court has appointed the public defender or other |
25 | | attorney to represent persons who are in police custody, the |
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1 | | telephone number to the public defender or other attorney's |
2 | | office must also be displayed. The telephone call to the |
3 | | public defender or other attorney must not be monitored, |
4 | | eavesdropped upon, or recorded. |
5 | | (d) If a person who is in police custody is transferred to |
6 | | a new place of detention, that person's right to make 3 |
7 | | telephone calls under this Section within 3 hours of arrival |
8 | | is renewed. |
9 | | (e) Statements made by a person who is detained in police |
10 | | custody in violation of this section are presumed inadmissible |
11 | | in court as evidence. The presumption of inadmissibility may |
12 | | be overcome by a preponderance of the evidence that the |
13 | | statement was voluntarily given and is reliable, based on the |
14 | | totality of the circumstances. As used in this subsection, |
15 | | "totality of the circumstances" includes, but is not limited |
16 | | to, evidence that law enforcement knowingly prevented or |
17 | | delayed a person's right to communicate or failed to comply |
18 | | with the requirements of this Section. |
19 | | (f) The 3-hour requirement under this Section shall not |
20 | | apply while the person in police custody is asleep, |
21 | | unconscious, or otherwise incapacitated or an exigent |
22 | | circumstance prevents the officers from timely complying with |
23 | | this Section. If this occurs, it must be documented within the |
24 | | police report detailing the exigent circumstance. Once the |
25 | | exigent circumstance ends, the right to make 3 phone calls |
26 | | within 3 hours resumes. |
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1 | | (g) In accordance with this Section, the following records |
2 | | shall be maintained: (i) the number of phone calls the person |
3 | | made while in custody; (ii) the time or times the person made |
4 | | phone calls; and (iii) if the person did not make any phone |
5 | | calls, a statement of the reason or reasons why no calls were |
6 | | made. |
7 | | (h) For purposes of this Section, "place of detention" |
8 | | means a building or a police station that is a place of |
9 | | operation for a municipal police department or county sheriff |
10 | | department or other law enforcement agency, other than a |
11 | | courthouse, that is owned or operated by a law enforcement |
12 | | agency, or other building, such as a school or hospital, where |
13 | | persons are held in detention in connection with criminal |
14 | | charges against those persons.
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15 | | (725 ILCS 5/103-3 rep.)
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16 | | Section 25. The Code of Criminal Procedure of 1963 is |
17 | | amended by repealing Section 103-3. |
18 | | Section 30. The Pretrial Services Act is amended by adding |
19 | | Section 1.5 as follows: |
20 | | (725 ILCS 185/1.5 new) |
21 | | Sec. 1.5. Framework facilitating the hiring and training |
22 | | of new State-employed pretrial services personnel to serve |
23 | | circuit courts or counties without existing pretrial services |
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1 | | agencies. Notwithstanding anything in this Act to the |
2 | | contrary, the Supreme Court is encouraged to establish a |
3 | | framework that facilitates the hiring and training of new |
4 | | State-employed pretrial services personnel to serve circuit |
5 | | courts or counties without existing pretrial services |
6 | | agencies, as required by Section 1. |
7 | | Section 35. The Unified Code of Corrections is amended by |
8 | | changing Section 5-8-1 as follows:
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9 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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10 | | Sec. 5-8-1. Natural life imprisonment; enhancements for |
11 | | use of a firearm; mandatory supervised release terms.
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12 | | (a) Except as otherwise provided in the statute defining |
13 | | the offense or in Article 4.5 of Chapter V, a
sentence of |
14 | | imprisonment for a felony shall be a determinate sentence set |
15 | | by
the court under this Section, subject to Section 5-4.5-115 |
16 | | of this Code, according to the following limitations:
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17 | | (1) for first degree murder,
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18 | | (a) (blank),
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19 | | (b) if a trier of fact finds beyond a reasonable
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20 | | doubt that the murder was accompanied by exceptionally
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21 | | brutal or heinous behavior indicative of wanton |
22 | | cruelty or, except as set forth
in subsection |
23 | | (a)(1)(c) of this Section, that any of the aggravating |
24 | | factors
listed in subsection (b) or (b-5) of Section |
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1 | | 9-1 of the Criminal Code of 1961 or the Criminal Code |
2 | | of 2012 are
present, the court may sentence the |
3 | | defendant, subject to Section 5-4.5-105, to a term of |
4 | | natural life
imprisonment, or
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5 | | (c) the court shall sentence the defendant to a |
6 | | term of natural life
imprisonment if the defendant, at |
7 | | the time of the commission of the murder, had attained |
8 | | the age of 18, and :
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9 | | (i) has previously been convicted of first |
10 | | degree murder under
any state or federal law, or
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11 | | (ii) is found guilty of murdering more
than |
12 | | one victim, or
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13 | | (iii) is found guilty of murdering a peace |
14 | | officer, fireman, or emergency management worker |
15 | | when
the peace officer, fireman, or emergency |
16 | | management worker was killed in the course of |
17 | | performing his
official duties, or to prevent the |
18 | | peace officer or fireman from
performing his |
19 | | official duties, or in retaliation for the peace |
20 | | officer,
fireman, or emergency management worker |
21 | | from performing his official duties, and the |
22 | | defendant knew or should
have known that the |
23 | | murdered individual was a peace officer, fireman, |
24 | | or emergency management worker, or
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25 | | (iv) is found guilty of murdering an employee |
26 | | of an institution or
facility of the Department of |
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1 | | Corrections, or any similar local
correctional |
2 | | agency, when the employee was killed in the course |
3 | | of
performing his official duties, or to prevent |
4 | | the employee from performing
his official duties, |
5 | | or in retaliation for the employee performing his
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6 | | official duties, or
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7 | | (v) is found guilty of murdering an emergency |
8 | | medical
technician - ambulance, emergency medical |
9 | | technician - intermediate, emergency
medical |
10 | | technician - paramedic, ambulance driver or other |
11 | | medical assistance or
first aid person while |
12 | | employed by a municipality or other governmental |
13 | | unit
when the person was killed in the course of |
14 | | performing official duties or
to prevent the |
15 | | person from performing official duties or in |
16 | | retaliation
for performing official duties and the |
17 | | defendant knew or should have known
that the |
18 | | murdered individual was an emergency medical |
19 | | technician - ambulance,
emergency medical |
20 | | technician - intermediate, emergency medical
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21 | | technician - paramedic, ambulance driver, or other |
22 | | medical
assistant or first aid personnel, or
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23 | | (vi) (blank), or
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24 | | (vii) is found guilty of first degree murder |
25 | | and the murder was
committed by reason of any |
26 | | person's activity as a community policing |
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1 | | volunteer
or to prevent any person from engaging |
2 | | in activity as a community policing
volunteer. For |
3 | | the purpose of this Section, "community policing |
4 | | volunteer"
has the meaning ascribed to it in |
5 | | Section 2-3.5 of the Criminal Code of 2012.
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6 | | For purposes of clause (v), "emergency medical |
7 | | technician - ambulance",
"emergency medical technician - |
8 | | intermediate", "emergency medical technician -
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9 | | paramedic", have the meanings ascribed to them in the |
10 | | Emergency Medical
Services (EMS) Systems Act.
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11 | | (d)(i) if the person committed the offense while |
12 | | armed with a
firearm, 15 years shall be added to |
13 | | the term of imprisonment imposed by the
court;
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14 | | (ii) if, during the commission of the offense, the |
15 | | person
personally discharged a firearm, 20 years shall |
16 | | be added to the term of
imprisonment imposed by the |
17 | | court;
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18 | | (iii) if, during the commission of the offense, |
19 | | the person
personally discharged a firearm that |
20 | | proximately caused great bodily harm,
permanent |
21 | | disability, permanent disfigurement, or death to |
22 | | another person, 25
years or up to a term of natural |
23 | | life shall be added to the term of
imprisonment |
24 | | imposed by the court.
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25 | | (2) (blank);
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26 | | (2.5) for a person who has attained the age of 18 years
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1 | | at the time of the commission of the offense and
who is |
2 | | convicted under the circumstances described in subdivision |
3 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of |
4 | | subsection (b) of Section 12-13, subdivision (d)(2) of |
5 | | Section 11-1.30 or paragraph (2) of subsection
(d) of |
6 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or |
7 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, |
8 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of |
9 | | subsection (b) of Section 12-14.1
of the Criminal Code of |
10 | | 1961 or the Criminal Code of 2012, the sentence shall be a |
11 | | term of natural life
imprisonment.
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12 | | (b) (Blank).
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13 | | (c) (Blank).
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14 | | (d) Subject to
earlier termination under Section 3-3-8, |
15 | | the parole or mandatory
supervised release term shall be |
16 | | written as part of the sentencing order and shall be as |
17 | | follows:
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18 | | (1) for first degree murder or for the offenses of |
19 | | predatory criminal sexual assault of a child, aggravated |
20 | | criminal sexual assault, and criminal sexual assault if |
21 | | committed on or before December 12, 2005, 3 years;
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22 | | (1.5) except as provided in paragraph (7) of this |
23 | | subsection (d), for a Class X felony except for the |
24 | | offenses of predatory criminal sexual assault of a child, |
25 | | aggravated criminal sexual assault, and criminal sexual |
26 | | assault if committed on or after December 13, 2005 (the |
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1 | | effective date of Public Act 94-715) and except for the |
2 | | offense of aggravated child pornography under Section |
3 | | 11-20.1B . , 11-20.3, or 11-20.1 with sentencing under |
4 | | subsection (c-5) of Section 11-20.1 of the Criminal Code |
5 | | of 1961 or the Criminal Code of 2012, if committed on or |
6 | | after January 1, 2009, 18 months; |
7 | | (2) except as provided in paragraph (7) of this |
8 | | subsection (d), for a Class 1 felony or a Class 2 felony |
9 | | except for the offense of criminal sexual assault if |
10 | | committed on or after December 13, 2005 (the effective |
11 | | date of Public Act 94-715) and except for the offenses of |
12 | | manufacture and dissemination of child pornography under |
13 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012, if |
15 | | committed on or after January 1, 2009, 12 months;
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16 | | (3) except as provided in paragraph (4), (6), or (7) |
17 | | of this subsection (d), a mandatory supervised release |
18 | | term shall not be imposed for a Class 3 felony or a Class 4 |
19 | | felony; unless: |
20 | | (A) the Prisoner Review Board, based on a |
21 | | validated risk and needs assessment, determines it is |
22 | | necessary for an offender to serve a mandatory |
23 | | supervised release term; |
24 | | (B) if the Prisoner Review Board determines a |
25 | | mandatory supervised release term is necessary |
26 | | pursuant to subparagraph (A) of this paragraph (3), |
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1 | | the Prisoner Review Board shall specify the maximum |
2 | | number of months of mandatory supervised release the |
3 | | offender may serve, limited to a term of:
(i) 12 months |
4 | | for a Class 3 felony;
and (ii) 12 months for a Class 4 |
5 | | felony;
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6 | | (4) for defendants who commit the offense of predatory |
7 | | criminal sexual assault of a child, aggravated criminal |
8 | | sexual assault, or criminal sexual assault, on or after |
9 | | December 13, 2005 ( the effective date of Public Act |
10 | | 94-715) this amendatory Act of the 94th General Assembly , |
11 | | or who commit the offense of aggravated child pornography |
12 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with |
13 | | sentencing under subsection (c-5) of Section 11-20.1 of |
14 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
15 | | manufacture of child pornography, or dissemination of |
16 | | child pornography after January 1, 2009, the term of |
17 | | mandatory supervised release shall range from a minimum of |
18 | | 3 years to a maximum of the natural life of the defendant;
|
19 | | (5) if the victim is under 18 years of age, for a |
20 | | second or subsequent
offense of aggravated criminal sexual |
21 | | abuse or felony criminal sexual abuse,
4 years, at least |
22 | | the first 2 years of which the defendant shall serve in an
|
23 | | electronic monitoring or home detention program under |
24 | | Article 8A of Chapter V of this Code;
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25 | | (6) for a felony domestic battery, aggravated domestic |
26 | | battery, stalking, aggravated stalking, and a felony |
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1 | | violation of an order of protection, 4 years; |
2 | | (7) for any felony described in paragraph (a)(2)(ii), |
3 | | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), |
4 | | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section |
5 | | 3-6-3 of the Unified Code of Corrections requiring an |
6 | | inmate to serve a minimum of 85% of their court-imposed |
7 | | sentence, except for the offenses of predatory criminal |
8 | | sexual assault of a child, aggravated criminal sexual |
9 | | assault, and criminal sexual assault if committed on or |
10 | | after December 13, 2005 (the effective date of Public Act |
11 | | 94-715) and except for the offense of aggravated child |
12 | | pornography under Section 11-20.1B . , 11-20.3, or 11-20.1 |
13 | | with sentencing under subsection (c-5) of Section 11-20.1 |
14 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
15 | | if committed on or after January 1, 2009 and except as |
16 | | provided in paragraph (4) or paragraph (6) of this |
17 | | subsection (d), the term of mandatory supervised release |
18 | | shall be as follows: |
19 | | (A) Class X felony, 3 years; |
20 | | (B) Class 1 or Class 2 felonies, 2 years; |
21 | | (C) Class 3 or Class 4 felonies, 1 year. |
22 | | (e) (Blank).
|
23 | | (f) (Blank).
|
24 | | (g) Notwithstanding any other provisions of this Act and |
25 | | of Public Act 101-652: (i) the provisions of paragraph (3) of |
26 | | subsection (d) are effective on July 1 January 1 , 2022 and |
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1 | | shall apply to all individuals convicted on or after the |
2 | | effective date of paragraph (3) of subsection (d); and (ii) |
3 | | the provisions of paragraphs (1.5) and (2) of subsection (d) |
4 | | are effective on July 1, 2021 and shall apply to all |
5 | | individuals convicted on or after the effective date of |
6 | | paragraphs (1.5) and (2) of subsection (d). |
7 | | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; |
8 | | 102-28, eff. 6-25-21; revised 8-2-21.) |
9 | | Section 95. No acceleration or delay. Where this Act makes |
10 | | changes in a statute that is represented in this Act by text |
11 | | that is not yet or no longer in effect (for example, a Section |
12 | | represented by multiple versions), the use of that text does |
13 | | not accelerate or delay the taking effect of (i) the changes |
14 | | made by this Act or (ii) provisions derived from any other |
15 | | Public Act. |
16 | | Section 97. Severability. The provisions of this Act are |
17 | | severable under Section 1.31 of the Statute on Statutes.
|
18 | | Section 99. Effective date. This Act takes effect January |
19 | | 1, 2022.
|