HB3512 EnrolledLRB102 14806 KMF 20159 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
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
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
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;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
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;
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;
26            (vi) endanger the life or physical safety of law

 

 

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1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
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.
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.
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.
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.
3        (i) Valuable formulae, computer geographic systems,
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
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.
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;
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.
15        (l) Minutes of meetings of public bodies closed to the
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.
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
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.
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
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
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
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.
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.
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
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.
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.
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.
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
19    institutions, insurance companies, or pharmacy benefit
20    managers, unless disclosure is otherwise required by State
21    law.
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
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
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.
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.
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.
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.
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
11Judicial Privacy Act shall be redacted from public records
12prior to disclosure under this Act.
13    (2) A public record that is not in the possession of a
14public body but is in the possession of a party with whom the
15agency has contracted to perform a governmental function on
16behalf of the public body, and that directly relates to the
17governmental function and is not otherwise exempt under this
18Act, shall be considered a public record of the public body,
19for purposes of this Act.
20    (3) This Section does not authorize withholding of
21information or limit the availability of records to the
22public, except as stated in this Section or otherwise provided
23in this Act.
24(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
25101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
266-25-21; 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
2changing Sections 9, 12.6, and 46 as follows:
 
3    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
4    (Text of Section before amendment by P.A. 101-652)
5    Sec. 9. Appointment; qualifications.
6    (a) Except as otherwise provided in this Section, the
7appointment of Department of State Police officers shall be
8made from those applicants who have been certified by the
9Board as being qualified for appointment. All persons so
10appointed shall, at the time of their appointment, be not less
11than 21 years of age, or 20 years of age and have successfully
12completed an associate's degree or 60 credit hours at an
13accredited college or university. Any person appointed
14subsequent to successful completion of an associate's degree
15or 60 credit hours at an accredited college or university
16shall not have power of arrest, nor shall he or she be
17permitted to carry firearms, until he or she reaches 21 years
18of age. In addition, all persons so certified for appointment
19shall be of sound mind and body, be of good moral character, be
20citizens of the United States, have no criminal records,
21possess such prerequisites of training, education, and
22experience as the Board may from time to time prescribe so long
23as persons who have an associate's degree or 60 credit hours at
24an accredited college or university are not disqualified, and

 

 

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1shall be required to pass successfully such mental and
2physical tests and examinations as may be prescribed by the
3Board. All persons who meet one of the following requirements
4are deemed to have met the collegiate educational
5requirements:
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
25who have honorably served in the military or naval services of
26the United States. All appointees shall serve a probationary

 

 

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1period of 12 months from the date of appointment and during
2that period may be discharged at the will of the Director.
3However, the Director may in his or her sole discretion extend
4the probationary period of an officer up to an additional 6
5months when to do so is deemed in the best interest of the
6Department. Nothing in this subsection (a) limits the Board's
7ability to prescribe education prerequisites or requirements
8to certify Department of State Police officers for promotion
9as provided in Section 10 of this Act.
10    (b) Notwithstanding the other provisions of this Act,
11after July 1, 1977 and before July 1, 1980, the Director of
12State Police may appoint and promote not more than 20 persons
13having special qualifications as special agents as he or she
14deems necessary to carry out the Department's objectives. Any
15such appointment or promotion shall be ratified by the Board.
16    (c) During the 90 days following the effective date of
17this amendatory Act of 1995, the Director of State Police may
18appoint up to 25 persons as State Police officers. These
19appointments shall be made in accordance with the requirements
20of this subsection (c) and any additional criteria that may be
21established by the Director, but are not subject to any other
22requirements of this Act. The Director may specify the initial
23rank for each person appointed under this subsection.
24    All appointments under this subsection (c) shall be made
25from personnel certified by the Board. A person certified by
26the Board and appointed by the Director under this subsection

 

 

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1must have been employed by the Illinois Commerce Commission on
2November 30, 1994 in a job title subject to the Personnel Code
3and in a position for which the person was eligible to earn
4"eligible creditable service" as a "noncovered employee", as
5those terms are defined in Article 14 of the Illinois Pension
6Code.
7    Persons appointed under this subsection (c) shall
8thereafter be subject to the same requirements and procedures
9as other State police officers. A person appointed under this
10subsection must serve a probationary period of 12 months from
11the date of appointment, during which he or she may be
12discharged at the will of the Director.
13    This subsection (c) does not affect or limit the
14Director's authority to appoint other State Police officers
15under 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
20appointment of Department of State Police officers shall be
21made from those applicants who have been certified by the
22Board as being qualified for appointment. All persons so
23appointed shall, at the time of their appointment, be not less
24than 21 years of age, or 20 years of age and have successfully
25completed an associate's degree or 60 credit hours at an

 

 

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1accredited college or university. Any person appointed
2subsequent to successful completion of an associate's degree
3or 60 credit hours at an accredited college or university
4shall not have power of arrest, nor shall he or she be
5permitted to carry firearms, until he or she reaches 21 years
6of age. In addition, all persons so certified for appointment
7shall be of sound mind and body, be of good moral character, be
8citizens of the United States, have no criminal records,
9possess such prerequisites of training, education, and
10experience as the Board may from time to time prescribe so long
11as persons who have an associate's degree or 60 credit hours at
12an accredited college or university are not disqualified, and
13shall be required to pass successfully such mental and
14physical tests and examinations as may be prescribed by the
15Board. All persons who meet one of the following requirements
16are deemed to have met the collegiate educational
17requirements:
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
11who have honorably served in the military or naval services of
12the United States. All appointees shall serve a probationary
13period of 12 months from the date of appointment and during
14that period may be discharged at the will of the Director.
15However, the Director may in his or her sole discretion extend
16the probationary period of an officer up to an additional 6
17months when to do so is deemed in the best interest of the
18Department. Nothing in this subsection (a) limits the Board's
19ability to prescribe education prerequisites or requirements
20to certify Department of State Police officers for promotion
21as provided in Section 10 of this Act.
22    (b) Notwithstanding the other provisions of this Act,
23after July 1, 1977 and before July 1, 1980, the Director of
24State Police may appoint and promote not more than 20 persons
25having special qualifications as special agents as he or she
26deems necessary to carry out the Department's objectives. Any

 

 

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1such appointment or promotion shall be ratified by the Board.
2    (c) During the 90 days following the effective date of
3this amendatory Act of 1995, the Director of State Police may
4appoint up to 25 persons as State Police officers. These
5appointments shall be made in accordance with the requirements
6of this subsection (c) and any additional criteria that may be
7established by the Director, but are not subject to any other
8requirements of this Act. The Director may specify the initial
9rank for each person appointed under this subsection.
10    All appointments under this subsection (c) shall be made
11from personnel certified by the Board. A person certified by
12the Board and appointed by the Director under this subsection
13must have been employed by the Illinois Commerce Commission on
14November 30, 1994 in a job title subject to the Personnel Code
15and in a position for which the person was eligible to earn
16"eligible creditable service" as a "noncovered employee", as
17those terms are defined in Article 14 of the Illinois Pension
18Code.
19    Persons appointed under this subsection (c) shall
20thereafter be subject to the same requirements and procedures
21as other State police officers. A person appointed under this
22subsection must serve a probationary period of 12 months from
23the date of appointment, during which he or she may be
24discharged at the will of the Director.
25    This subsection (c) does not affect or limit the
26Director's authority to appoint other State Police officers

 

 

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1under subsection (a) of this Section.
2    (d) During the 180 days following the effective date of
3this amendatory Act of the 101st General Assembly, the
4Director of the Illinois State Police may appoint current
5Illinois State Police Employees serving in law enforcement
6officer positions previously within Central Management
7Services as State Police Officers. These appointments shall be
8made in accordance with the requirements of this subsection
9(d) and any institutional criteria that may be established by
10the Director, but are not subject to any other requirements of
11this Act. All appointments under this subsection (d) shall be
12made from personnel certified by the Board. A person certified
13by the Board and appointed by the Director under this
14subsection must have been employed by the a state agency,
15board, or commission on January 1, 2021, in a job title subject
16to the Personnel Code and in a position for which the person
17was eligible to earn "eligible creditable service" as a
18"noncovered employee", as those terms are defined in Article
1914 of the Illinois Pension Code. Persons appointed under this
20subsection (d) shall thereafter be subject to the same
21requirements, and subject to the same contractual benefits and
22obligations, as other State police officers. This subsection
23(d) does not affect or limit the Director's authority to
24appoint other State Police officers under subsection (a) of
25this Section.
26    (e) The Merit Board shall review Illinois State Police

 

 

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1Cadet applicants. The Illinois State Police may provide
2background check and investigation material to the Board for
3their review 10 pursuant to this section. The Board shall
4approve and ensure that no cadet applicant is certified unless
5the applicant is a person of good character and has not been
6convicted of, or entered a plea of guilty to, a felony offense,
7any of the misdemeanors in Section or if committed in any other
8state would be an offense similar to 11-1.50, 11-6, 11-6.5,
911-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2,
1012-3.4, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
1128-3, 29-1, any misdemeanor in violation of any section of
12Part E of Title III of the Criminal Code of 1961 or the
13Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code of
141961 or the Criminal Code of 2012, or subsection (a) of Section
1517-32 of the Criminal Code of 1961 or the Criminal Code of
162012, to Section 5 or 5.2 of the Cannabis Control Act, or any
17felony or misdemeanor in violation of federal law or the law of
18any state that is the equivalent of any of the offenses
19specified therein. The Officer Misconduct Database, provided
20in Section 9.2 of the Illinois Police Training Act, shall be
21searched as part of this process. For purposes of this Section
22"convicted of, or entered a plea of guilty" regardless of
23whether the adjudication of guilt or sentence is withheld or
24not entered thereon. This includes sentences of supervision,
25conditional discharge, or first offender probation, or any
26similar disposition provided for by law.

 

 

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1    (f) The Board shall by rule establish an application fee
2waiver program for any person who meets one or more of the
3following 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;
11101-652, eff. 1-1-22.)
 
12    (20 ILCS 2610/12.6)
13    (This Section may contain text from a Public Act with a
14delayed effective date)
15    Sec. 12.6. Automatic termination of Illinois State Police
16officers. The Board shall terminate a state police officer
17convicted of a felony offense under the laws of this State or
18any other state which if committed in this State would be
19punishable as a felony. The Board must also terminate Illinois
20State Police officers who were convicted of, or entered a plea
21of guilty to, on or after the effective date of this amendatory
22Act of the 101st General Assembly, any misdemeanor specified
23in this Section or if committed in any other state would be an
24offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
2511-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,

 

 

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112-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,
2any misdemeanor in violation of any section of Part E of Title
3III of the Criminal Code of 1961 or the Criminal Code of 2012,
432-4a, or 32-7 of the Criminal Code of 1961 or the Criminal
5Code of 2012, or subsection (a) of Section 17-32 of the
6Criminal Code of 1961 or the Criminal Code of 2012, to Section
75 or 5.2 of the Cannabis Control Act, or any felony or
8misdemeanor in violation of federal law or the law of any state
9that is the equivalent of any of the offenses specified
10therein. The Illinois State Police Merit Board shall report
11terminations under this Section to the Officer Misconduct
12Database, provided in Section 9.2 of the Illinois Police
13Training Act. For purposes of this section "convicted of, or
14entered a plea of guilty" regardless of whether the
15adjudication of guilt or sentence is withheld or not entered
16thereon. This includes sentences of supervision, conditional
17discharge, or first offender probation, or any similar
18disposition 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
22delayed effective date)
23    Sec. 46. Officer Professional Conduct Database; reporting,
24transparency.
25    (a) The Illinois State Police Merit Board shall be

 

 

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1responsible for reporting all required information contained
2in the Officer Misconduct Database, provided in Section 9.2 of
3the Illinois Police Training Act.
4    (b) Before the Illinois State Police Merit Board certifies
5any Illinois State Police Cadet the Board shall conduct a
6search of all Illinois State Police Cadet applicants in the
7Officer Professional Conduct Database.
8    (c) The database, documents, materials, or other
9information in the possession or control of the Board that are
10obtained by or disclosed to the Board pursuant to this
11subsection shall be confidential by law and privileged, shall
12not be subject to subpoena, and shall not be subject to
13discovery or admissible in evidence in any private civil
14action. However, the Board is authorized to use such
15documents, materials, or other information in furtherance of
16any regulatory or legal action brought as part of the Board's
17official duties. Unless otherwise required by law, the Board
18shall not disclose the database or make such documents,
19materials, or other information public without the prior
20written consent of the law enforcement governmental agency and
21the law enforcement officer. The Board nor any person who
22received documents, materials or other information shared
23pursuant to this subsection shall be required to testify in
24any private civil action concerning the database or any
25confidential documents, materials, or information subject to
26this subsection.

 

 

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1    Nothing in this Section shall exempt a law enforcement
2agency from which the Board has obtained data, documents,
3materials, or other information or that has disclosed data,
4documents, materials, or other information to the Board from
5disclosing public records in accordance with the Freedom of
6Information Act.
7    Nothing in this Section shall exempt a governmental agency
8from disclosing public records in accordance with the Freedom
9of Information Act.
10(Source: P.A. 101-652, eff. 1-1-22.)
 
11    Section 10. The Illinois Police Training Act is amended by
12changing Sections 1, 2, 3, 3.1, 6, 6.1, 6.3, 6.7, 7, 8.1, 8.2,
138.3, 8.4, 9.2, 10.1, 10.2, 10.6, 10.11, 10.12, 10.13, 10.16,
1410.19, 10.20, and 10.22 and by reenacting Section 6.2 as
15follows:
 
16    (50 ILCS 705/1)  (from Ch. 85, par. 501)
17    Sec. 1. It is hereby declared as a matter of legislative
18determination that in order to promote and protect citizen
19health, safety and welfare, it is necessary and in the public
20interest to provide for the creation of the Illinois Law
21Enforcement Training Standards Board for the purpose of
22encouraging and aiding municipalities, counties, park
23districts, State controlled universities, colleges, and public
24community colleges, and other local governmental agencies of

 

 

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1this State, and participating State agencies in their efforts
2to raise the level of law enforcement by upgrading and
3maintaining a high level of training and standards for law
4enforcement executives and officers, county corrections
5officers, sheriffs, and law enforcement support personnel
6under this Act. It is declared to be the responsibility of the
7board to ensure the required participation of the pertinent
8local governmental units in the programs established under
9this Act, to encourage the voluntary participation of other
10local governmental units and participating State agencies, to
11set standards, develop and provide quality training and
12education, and to aid in the establishment of adequate
13training 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
18context otherwise requires:
19    "Board" means the Illinois Law Enforcement Training
20Standards Board.
21    "Local governmental agency" means any local governmental
22unit or municipal corporation in this State. It does not
23include the State of Illinois or any office, officer,
24department, division, bureau, board, commission, or agency of
25the State, except that it does include a State-controlled

 

 

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1university, college or public community college.
2    "Police training school" means any school located within
3the State of Illinois whether privately or publicly owned
4which offers a course in police or county corrections training
5and has been approved by the Board.
6    "Probationary police officer" means a recruit law
7enforcement officer required to successfully complete initial
8minimum basic training requirements at a police training
9school to be eligible for permanent full-time employment as a
10local law enforcement officer.
11    "Probationary part-time police officer" means a recruit
12part-time law enforcement officer required to successfully
13complete initial minimum part-time training requirements to be
14eligible for employment on a part-time basis as a local law
15enforcement officer.
16    "Permanent police officer" means a law enforcement officer
17who has completed his or her probationary period and is
18permanently employed on a full-time basis as a local law
19enforcement officer by a participating local governmental unit
20or as a security officer or campus policeman permanently
21employed by a participating State-controlled university,
22college, or public community college.
23    "Part-time police officer" means a law enforcement officer
24who has completed his or her probationary period and is
25employed on a part-time basis as a law enforcement officer by a
26participating unit of local government or as a campus

 

 

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1policeman by a participating State-controlled university,
2college, or public community college.
3    "Law enforcement officer" means (i) any police officer of
4a local governmental agency who is primarily responsible for
5prevention or detection of crime and the enforcement of the
6criminal code, traffic, or highway laws of this State or any
7political subdivision of this State or (ii) any member of a
8police force appointed and maintained as provided in Section 2
9of the Railroad Police Act.
10    "Recruit" means any full-time or part-time law enforcement
11officer or full-time county corrections officer who is
12enrolled in an approved training course.
13    "Probationary county corrections officer" means a recruit
14county corrections officer required to successfully complete
15initial minimum basic training requirements at a police
16training school to be eligible for permanent employment on a
17full-time basis as a county corrections officer.
18    "Permanent county corrections officer" means a county
19corrections officer who has completed his probationary period
20and is permanently employed on a full-time basis as a county
21corrections officer by a participating local governmental
22unit.
23    "County corrections officer" means any sworn officer of
24the sheriff who is primarily responsible for the control and
25custody of offenders, detainees or inmates.
26    "Probationary court security officer" means a recruit

 

 

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1court security officer required to successfully complete
2initial minimum basic training requirements at a designated
3training school to be eligible for employment as a court
4security officer.
5    "Permanent court security officer" means a court security
6officer who has completed his or her probationary period and
7is employed as a court security officer by a participating
8local governmental unit.
9    "Court security officer" has the meaning ascribed to it in
10Section 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
14context otherwise requires:
15    "Board" means the Illinois Law Enforcement Training
16Standards Board.
17    "Full-time law enforcement officer" means a law
18enforcement officer who has completed the officer's
19probationary period and is employed on a full-time basis as a
20law enforcement officer by a local government agency, State
21government agency, or as a campus police officer by a
22participating State-controlled university, college, or public
23community college.
24    "Law Enforcement agency" means any entity with statutory
25police powers and the ability to employ individuals authorized

 

 

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1to make arrests. It does not include the Illinois State Police
2as defined in the State Police Act. A law enforcement agency
3may include any university, college, or community college.
4    "Governmental agency" means any local governmental agency
5and any State governmental agency.
6    "Local law enforcement governmental agency" means any law
7enforcement local governmental unit of government or municipal
8corporation in this State. It does not include the State of
9Illinois or any office, officer, department, division, bureau,
10board, commission, or agency of the State, except that it does
11include a State-controlled university, college or public
12community college.
13    "State law enforcement governmental agency" means any law
14enforcement agency governmental unit of this State. This
15includes any office, officer, department, division, bureau,
16board, commission, or agency of the State. It does not include
17the 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
20within the State of Illinois whether privately or publicly
21owned which offers a course in basic law enforcement police or
22county corrections training and has been approved by the
23Board.
24    "Probationary police officer" means a recruit law
25enforcement officer required to successfully complete initial
26minimum basic training requirements at a basic police training

 

 

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1school to be eligible for permanent full-time employment as a
2local law enforcement officer.
3    "Probationary part-time police officer" means a recruit
4part-time law enforcement officer required to successfully
5complete initial minimum part-time training requirements to be
6eligible for employment on a part-time basis as a local law
7enforcement officer.
8    "Permanent law enforcement officer" means a law
9enforcement officer who has completed the officer's
10probationary period and is permanently employed on a full-time
11basis as a local law enforcement officer, by a participating
12local governmental unit or as a security officer, or campus
13police officer permanently employed by a law enforcement
14agency participating State-controlled university, college, or
15public community college.
16    "Part-time law enforcement officer" means a law
17enforcement officer who has completed the officer's
18probationary period and is employed on a part-time basis as a
19law enforcement officer by a participating unit of local
20government or as a campus police officer by a law enforcement
21agency participating State-controlled university, college, or
22public community college.
23    "Law enforcement officer" means (i) any police officer of
24a law enforcement local governmental agency who is primarily
25responsible for prevention or detection of crime and the
26enforcement of the criminal code, traffic, or highway laws of

 

 

HB3512 Enrolled- 35 -LRB102 14806 KMF 20159 b

1this State or any political subdivision of this State or (ii)
2any member of a police force appointed and maintained as
3provided in Section 2 of the Railroad Police Act.
4    "Recruit" means any full-time or part-time law enforcement
5officer or full-time county corrections officer who is
6enrolled in an approved training course.
7    "Review Committee" means the committee at the Board for
8certification disciplinary cases in which the Panel, a law
9enforcement officer, or a law enforcement agency may file for
10reconsideration of a decertification decision made by the
11Board.
12    "Probationary county corrections officer" means a recruit
13county corrections officer required to successfully complete
14initial minimum basic training requirements at a basic police
15training school to be eligible for permanent employment on a
16full-time basis as a county corrections officer.
17    "Permanent county corrections officer" means a county
18corrections officer who has completed the officer's
19probationary period and is permanently employed on a full-time
20basis as a county corrections officer by a participating law
21enforcement agency local governmental unit.
22    "County corrections officer" means any sworn officer of
23the sheriff who is primarily responsible for the control and
24custody of offenders, detainees or inmates.
25    "Probationary court security officer" means a recruit
26court security officer required to successfully complete

 

 

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1initial minimum basic training requirements at a designated
2training school to be eligible for employment as a court
3security officer.
4    "Permanent court security officer" means a court security
5officer who has completed the officer's probationary period
6and is employed as a court security officer by a participating
7law enforcement agency local governmental unit.
8    "Court security officer" has the meaning ascribed to it in
9Section 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;
13vacancies. Board - composition - appointments - tenure -
14vacancies.
15    (a) The Board shall be composed of 18 members selected as
16follows: The Attorney General of the State of Illinois, the
17Director of the Illinois State Police, the Director of
18Corrections, the Superintendent of the Chicago Police
19Department, the Sheriff of Cook County, the Clerk of the
20Circuit Court of Cook County, who shall serve as ex officio
21members, and the following to be appointed by the Governor: 2
22mayors or village presidents of Illinois municipalities, 2
23Illinois county sheriffs from counties other than Cook County,
242 managers of Illinois municipalities, 2 chiefs of municipal
25police departments in Illinois having no Superintendent of the

 

 

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1Police Department on the Board, 2 citizens of Illinois who
2shall be members of an organized enforcement officers'
3association, one active member of a statewide association
4representing sheriffs, and one active member of a statewide
5association representing municipal police chiefs. The
6appointments of the Governor shall be made on the first Monday
7of August in 1965 with 3 of the appointments to be for a period
8of one year, 3 for 2 years, and 3 for 3 years. Their successors
9shall be appointed in like manner for terms to expire the first
10Monday of August each 3 years thereafter. All members shall
11serve until their respective successors are appointed and
12qualify. Vacancies shall be filled by the Governor for the
13unexpired terms. Any ex officio member may appoint a designee
14to the Board who shall have the same powers and immunities
15otherwise conferred to the member of the Board, including the
16power to vote and be counted toward quorum, so long as the
17member is not in attendance.
18    (a-5) Within the Board is created a Review Committee. The
19Review Committee shall review disciplinary cases in which the
20Panel, the law enforcement officer, or the law enforcement
21agency file for reconsideration of a decertification decision
22made by the Board. The Review Committee shall be composed of 9
23annually rotating members from the Board appointed by the
24Board Chairman. One member of the Review Committee shall be
25designated by the Board Chairman as the Chair. The Review
26Committee shall sit in 3 member panels composed of one member

 

 

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1representing law enforcement management, one member
2representing members of law enforcement, and one member who is
3not a current or former member of law enforcement.
4    (b) When a Board member may have an actual, perceived, or
5potential conflict of interest or appearance of bias that
6could prevent the Board member from making a fair and
7impartial 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,
16but is not limited to, matters where one of the following is a
17party to a decision on a decertification or formal complaint:
18someone with whom the member has an employment relationship;
19any of the following relatives: spouse, parents, children,
20adopted children, legal wards, stepchildren, step parents,
21step siblings, half siblings, siblings, parents-in-law,
22siblings-in-law, children-in-law, aunts, uncles, nieces, and
23nephews; a friend; or a member of a professional organization,
24association, or a union in which the member now actively
25serves.
26    (c) A vacancy in members does not prevent a quorum of the

 

 

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1remaining sitting members from exercising all rights and
2performing all duties of the Board.
3    (d) An individual serving on the Board shall not also
4serve on the Panel.
5(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
6revised 10-13-21.)
 
7    (50 ILCS 705/3.1)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 3.1. Illinois Law Enforcement Certification Review
11Panel.
12    (a) There is hereby created the Illinois Law Enforcement
13Certification Review Panel. The Panel shall be composed of the
14following members, to be appointed in accordance with this
15Section no later than 30 days after the effective date of this
16amendatory Act of the 101st General Assembly. An individual
17serving 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
11vote one of its members as chairperson and one of its members
12as vice-chairperson. The vice-chairperson shall serve in the
13place of the chairperson at any meeting of the Panel in which
14the chairperson is not present. If both the chairperson and
15the vice-chairperson are absent at any meeting, the members
16present shall elect by a simple majority vote another member
17to serve as a temporary chairperson for the limited purpose of
18that meeting. No member shall be elected more than twice in
19succession to the same office. Each member shall serve until
20that member's successor has been elected and qualified.
21    (c) The Board shall provide administrative assistance to
22the Panel.
23    (d) The members of the Panel shall serve without
24compensation but shall be entitled to reimbursement for their
25actual and necessary expenses in attending meetings and in the
26performance of their duties hereunder.

 

 

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1    (e) Members of the Panel will receive initial and annual
2training that is adequate in quality, quantity, scope, and
3type, 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
16training within the scope provided for by this subsection.
17    (f) The State shall indemnify and hold harmless members of
18the Panel for all of their acts, omissions, decisions, or
19other conduct arising out of the scope of their service on the
20Panel, except those involving willful or wanton misconduct.
21The method of providing indemnification shall be as provided
22in the State Employee Indemnification Act.
23    (g) When a Panel member may have an actual, perceived, or
24potential conflict of interest or appearance of bias that
25could prevent the Panel member from making a fair and
26impartial 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
22a quorum to exercise all rights and perform all duties of the
23Panel.
24    (i) Notwithstanding any provision of law to the contrary,
25the changes made to this Section by this amendatory Act of the
26102nd General Assembly and Public Act 101-652 take effect July

 

 

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11, 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
6certification of schools. The Board shall select and certify
7schools within the State of Illinois for the purpose of
8providing basic training for probationary police officers,
9probationary county corrections officers, and court security
10officers and of providing advanced or in-service training for
11permanent police officers or permanent county corrections
12officers, which schools may be either publicly or privately
13owned and operated. In addition, the Board has the following
14power 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
2310, Section 10-143 but before amendment by P.A. 101-652,
24Article 25, Section 25-40)
25    Sec. 6. Powers and duties of the Board; selection and

 

 

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1certification of schools. The Board shall select and certify
2schools within the State of Illinois for the purpose of
3providing basic training for probationary police officers,
4probationary county corrections officers, and court security
5officers and of providing advanced or in-service training for
6permanent police officers or permanent county corrections
7officers, which schools may be either publicly or privately
8owned and operated. In addition, the Board has the following
9power 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,
20Section 10-143, eff. 7-1-21.)
 
21    (Text of Section after amendment by P.A. 101-652, Article
2225, Section 25-40)
23    Sec. 6. Powers and duties of the Board; selection and
24certification of schools. The Board shall select and certify
25schools within the State of Illinois for the purpose of

 

 

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1providing basic training for probationary law enforcement
2officers, probationary county corrections officers, and court
3security officers and of providing advanced or in-service
4training for permanent law enforcement officers or permanent
5county corrections officers, which schools may be either
6publicly or privately owned and operated. In addition, the
7Board 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,
2Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
325-40, eff. 1-1-22; revised 4-26-21.)
 
4    (50 ILCS 705/6.1)
5    Sec. 6.1. Automatic decertification of full-time and
6part-time law enforcement officers.
7    (a) The Board must review law enforcement officer conduct
8and records to ensure that no law enforcement officer is
9certified or provided a valid waiver if that law enforcement
10officer has been convicted of, found guilty of, entered a plea
11of guilty to, or entered a plea of nolo contendere to, a felony
12offense under the laws of this State or any other state which
13if committed in this State would be punishable as a felony. The
14Board must also ensure that no law enforcement officer is
15certified or provided a valid waiver if that law enforcement
16officer has been convicted of, found guilty of, or entered a
17plea of guilty to, on or after January 1, 2022 (the effective
18date of Public Act 101-652) this amendatory Act of the 101st
19General Assembly of any misdemeanor specified in this Section
20or if committed in any other state would be an offense similar
21to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B,
2211-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
2317-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any
24misdemeanor in violation of any Section of Part E of Title III
25of the Criminal Code of 1961 or the Criminal Code of 2012, or

 

 

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1subsection (a) of Section 17-32 of the Criminal Code of 1961 or
2the Criminal Code of 2012, or to Section 5 or 5.2 of the
3Cannabis Control Act, or any felony or misdemeanor in
4violation of federal law or the law of any state that is the
5equivalent of any of the offenses specified therein. The Board
6must appoint investigators to enforce the duties conferred
7upon the Board by this Act.
8    (a-1) For purposes of this Section, a person is "convicted
9of, or entered a plea of guilty to, plea of nolo contendere to,
10found guilty of" regardless of whether the adjudication of
11guilt or sentence is withheld or not entered thereon. This
12includes sentences of supervision, conditional discharge, or
13first offender probation, or any similar disposition provided
14for by law.
15    (b) It is the responsibility of the sheriff or the chief
16executive officer of every law enforcement governmental agency
17or department within this State to report to the Board any
18arrest, conviction, finding of guilt, plea of guilty, or plea
19of nolo contendere to, of any officer for an offense
20identified in this Section, regardless of whether the
21adjudication of guilt or sentence is withheld or not entered
22thereon, this includes sentences of supervision, conditional
23discharge, or first offender probation.
24    (c) It is the duty and responsibility of every full-time
25and part-time law enforcement officer in this State to report
26to the Board within 14 days, and the officer's sheriff or chief

 

 

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1executive officer, of the officer's arrest, conviction, found
2guilty of, or plea of guilty for an offense identified in this
3Section. Any full-time or part-time law enforcement officer
4who knowingly makes, submits, causes to be submitted, or files
5a false or untruthful report to the Board must have the
6officer's certificate or waiver immediately decertified or
7revoked.
8    (d) Any person, or a local or State agency, or the Board is
9immune from liability for submitting, disclosing, or releasing
10information of arrests, convictions, or pleas of guilty in
11this Section as long as the information is submitted,
12disclosed, or released in good faith and without malice. The
13Board has qualified immunity for the release of the
14information.
15    (e) Any full-time or part-time law enforcement officer
16with a certificate or waiver issued by the Board who is
17convicted of, found guilty of, or entered a plea of guilty to,
18or entered a plea of nolo contendere to any offense described
19in this Section immediately becomes decertified or no longer
20has a valid waiver. The decertification and invalidity of
21waivers occurs as a matter of law. Failure of a convicted
22person to report to the Board the officer's conviction as
23described in this Section or any continued law enforcement
24practice after receiving a conviction is a Class 4 felony.
25    For purposes of this Section, a person is considered to
26have been "convicted of, found guilty of, or entered a plea of

 

 

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1guilty to, plea of nolo contendere to" regardless of whether
2the adjudication of guilt or sentence is withheld or not
3entered thereon, including sentences of supervision,
4conditional discharge, first offender probation, or any
5similar disposition as provided for by law.
6    (f) The Board's investigators shall be law enforcement
7officers as defined in Section 2 of this Act. The Board shall
8not waive the training requirement unless the investigator has
9had a minimum of 5 years experience as a sworn officer of a
10local, State, or federal law enforcement agency. An
11investigator shall not have been terminated for good cause,
12decertified, had his or her law enforcement license or
13certificate revoked in this or any other jurisdiction, or been
14convicted of any of the conduct listed in subsection (a). Any
15complaint filed against the Board's investigators shall be
16investigated by the Illinois State Police.
17    (g) The Board must request and receive information and
18assistance from any federal, state, or local, or private
19enforcement governmental agency as part of the authorized
20criminal background investigation. The Illinois State Police
21must process, retain, and additionally provide and disseminate
22information to the Board concerning criminal charges, arrests,
23convictions, and their disposition, that have been filed
24against a basic academy applicant, law enforcement applicant,
25or law enforcement officer whose fingerprint identification
26cards are on file or maintained by the Illinois State Police.

 

 

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1The Federal Bureau of Investigation must provide the Board any
2criminal history record information contained in its files
3pertaining to law enforcement officers or any applicant to a
4Board certified basic law enforcement academy as described in
5this Act based on fingerprint identification. The Board must
6make payment of fees to the Illinois State Police for each
7fingerprint card submission in conformance with the
8requirements of paragraph 22 of Section 55a of the Civil
9Administrative Code of Illinois.
10    (g-5) Notwithstanding any provision of law to the
11contrary, the changes to this Section made by this amendatory
12Act of the 102nd General Assembly and Public Act 101-652 shall
13apply 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;
26102-538, 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
4to ensure the continuing effectiveness of this Section, it is
5set forth in full and reenacted by this amendatory Act of the
6102nd General Assembly. This reenactment is intended as a
7continuation of this Section. This reenactment is not intended
8to supersede any amendment to this Section that may be made by
9any other Public Act of the 102nd General Assembly.
10    (a) All law enforcement agencies shall notify the Board of
11any final determination of willful violation of department or
12agency 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
20final decision of discharge or dismissal and final exhaustion
21of any appeal, or resignation, and shall provide information
22regarding the nature of the violation.
23    (b) Upon receiving notification from a law enforcement
24agency, the Board must notify the law enforcement officer of
25the report and his or her right to provide a statement

 

 

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1regarding the reported violation.
2    (c) The Board shall maintain a database readily available
3to any chief administrative officer, or his or her designee,
4of a law enforcement agency or any State's Attorney that shall
5show each reported instance, including the name of the
6officer, the nature of the violation, reason for the final
7decision of discharge or dismissal, and any statement provided
8by the officer.
9(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652,
10Article 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
13delayed effective date)
14    Sec. 6.3. Discretionary decertification of full-time and
15part-time law enforcement officers.
16    (a) Definitions. For purposes of this Section 6.3:
17    "Duty to intervene" means an obligation to intervene to
18prevent harm from occurring that arises when: an officer is
19present, and has reason to know (1) that excessive force is
20being used or that any constitutional violation has been
21committed by a law enforcement official; and (2) the officer
22has a realistic opportunity to intervene. This duty applies
23equally to supervisory and nonsupervisory officers. If aid is
24required, the officer shall not, when reasonable to administer
25aid, knowingly and willingly refuse to render aid as defined

 

 

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1by State or federal law. An officer does not violate this duty
2if the failure to render aid is due to circumstances such as
3lack of appropriate specialized training, lack of resources or
4equipment, or if it is unsafe or impracticable to render aid.
5    "Excessive use of force" means using force in violation of
6State or federal law.
7    "False statement" means (1) any knowingly false statement
8provided on a form or report, (2) that the writer does not
9believe to be true, and (3) that the writer includes to mislead
10a public servant in performing the public servant's official
11functions.
12    "Perjury" means that as defined under Sections 32-2 and
1332-3 of the Criminal Code of 2012.
14    "Tampers with or fabricates evidence" means if a law
15enforcement officer (1) has reason to believe that an official
16proceeding is pending or may be instituted, and (2) alters,
17destroys, conceals, or removes any record, document, data,
18video or thing to impair its validity or availability in the
19proceeding.
20    (b) Decertification conduct. The Board has the authority
21to decertify a full-time or a part-time law enforcement
22officer upon a determination by the Board that the law
23enforcement 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
25or part-time law enforcement officer notwithstanding whether a
26law enforcement agency takes disciplinary action against a law

 

 

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1enforcement officer for the same underlying conduct as
2outlined 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
8subsection (c) shall be on a form prescribed by the Board in
9its rules. The form shall be publicly available by paper and
10electronic means. The form shall include fields for the
11following 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
26from receiving, investigating, or acting upon allegations made

 

 

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1confidentially or in a format different from the form provided
2for 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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1assigned after a preliminary review, unless the investigations
2were closed under paragraph (4) of subsection (e), as follows
3in 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
2Summary Report, the Board shall review the Report and any
3relevant evidence obtained and determine whether there is
4reasonable basis to believe that the law enforcement officer
5committed any conduct that would be deemed a violation of this
6Act. If after reviewing the Report and any other relevant
7evidence obtained, the Board determines that a reasonable
8basis does exist, the Board shall file a formal complaint with
9the 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
7part-time law enforcement officer in violation of subsection
8(b) that occurred before, on, or after the effective date of
9this amendatory Act of the 102nd General Assembly.
10    (j) Notwithstanding any provision of law to the contrary,
11the changes made to this Section by this amendatory Act of the
12102nd General Assembly and Public Act 101-652 take effect July
131, 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
17delayed effective date)
18    Sec. 6.7. Certification and decertification procedures
19under Act exclusive. Notwithstanding any other law, the
20certification and decertification procedures, including the
21conduct of any investigation or hearing, under this Act are
22the sole and exclusive procedures for certification as law
23enforcement officers in Illinois and are not subject to
24collective bargaining under the Illinois Public Labor
25Relations Act or appealable except as set forth herein. The

 

 

HB3512 Enrolled- 81 -LRB102 14806 KMF 20159 b

1provisions of any collective bargaining agreement adopted by a
2law enforcement governmental agency and covering the law
3enforcement officer or officers under investigation shall be
4inapplicable to any investigation or hearing conducted under
5this Act.
6    An individual has no property interest in law enforcement
7certification employment or otherwise resulting from law
8enforcement officer certification at the time of initial
9certification or at any time thereafter, including, but not
10limited to, after decertification or after the officer's
11certification has been deemed inactive. Nothing in this Act
12shall be construed to create a requirement that a law
13enforcement governmental agency shall continue to employ a law
14enforcement 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
19adopt rules and minimum standards for such schools which shall
20include, 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

 

 

HB3512 Enrolled- 83 -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 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

 

 

HB3512 Enrolled- 86 -LRB102 14806 KMF 20159 b

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;
18100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
191-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
20eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
21101-564, eff. 1-1-20; revised 9-10-19.)
 
22    (Text of Section after amendment by P.A. 101-652, Article
2310, Section 10-143 but before amendment by P.A. 101-652,
24Article 25, Section 25-40)
25    Sec. 7. Rules and standards for schools. The Board shall

 

 

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1adopt rules and minimum standards for such schools which shall
2include, 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

 

 

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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

 

 

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;

 

 

HB3512 Enrolled- 91 -LRB102 14806 KMF 20159 b

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).

 

 

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

 

 

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;
10100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
111-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
12eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
13101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section
1410-143, eff. 7-1-21.)
 
15    (Text of Section after amendment by P.A. 101-652, Article
1625, Section 25-40)
17    Sec. 7. Rules and standards for schools. The Board shall
18adopt rules and minimum standards for such schools which shall
19include, 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.

 

 

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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
4changes made to this Section by this amendatory Act of the
5102nd General Assembly, Public Act 101-652, and Public Act
6102-28 take effect July 1, 2022.
7(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
8100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
91-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
10eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
11101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section
1210-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
131-1-22; 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
17officers.
18    (a) After January 1, 1976, no person shall receive a
19permanent appointment as a law enforcement officer as defined
20in this Act nor shall any person receive, after the effective
21date of this amendatory Act of 1984, a permanent appointment
22as a county corrections officer unless that person has been
23awarded, within 6 months of his or her initial full-time
24employment, a certificate attesting to his or her successful
25completion of the Minimum Standards Basic Law Enforcement and

 

 

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1County Correctional Training Course as prescribed by the
2Board; or has been awarded a certificate attesting to his or
3her satisfactory completion of a training program of similar
4content and number of hours and which course has been found
5acceptable by the Board under the provisions of this Act; or by
6reason of extensive prior law enforcement or county
7corrections experience the basic training requirement is
8determined by the Board to be illogical and unreasonable.
9    If such training is required and not completed within the
10applicable 6 months, then the officer must forfeit his or her
11position, or the employing agency must obtain a waiver from
12the Board extending the period for compliance. Such waiver
13shall be issued only for good and justifiable reasons, and in
14no case shall extend more than 90 days beyond the initial 6
15months. Any hiring agency that fails to train a law
16enforcement officer within this period shall be prohibited
17from employing this individual in a law enforcement capacity
18for one year from the date training was to be completed. If an
19agency again fails to train the individual a second time, the
20agency shall be permanently barred from employing this
21individual in a law enforcement capacity.
22    (b) No provision of this Section shall be construed to
23mean that a law enforcement officer employed by a local
24governmental agency at the time of the effective date of this
25amendatory Act, either as a probationary police officer or as
26a permanent police officer, shall require certification under

 

 

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1the provisions of this Section. No provision of this Section
2shall be construed to mean that a county corrections officer
3employed by a local governmental agency at the time of the
4effective date of this amendatory Act of 1984, either as a
5probationary county corrections or as a permanent county
6corrections officer, shall require certification under the
7provisions of this Section. No provision of this Section shall
8be construed to apply to certification of elected county
9sheriffs.
10    (c) This Section does not apply to part-time police
11officers 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
15officers.
16    (a) No person shall receive a permanent appointment as a
17law enforcement officer or a permanent appointment as a county
18corrections officer unless that person has been awarded,
19within 6 months of the officer's initial full-time employment,
20a certificate attesting to the officer's successful completion
21of the Minimum Standards Basic Law Enforcement or County
22Correctional Training Course as prescribed by the Board; or
23has been awarded a certificate attesting to the officer's
24satisfactory completion of a training program of similar
25content and number of hours and which course has been found

 

 

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1acceptable by the Board under the provisions of this Act; or a
2training waiver by reason of extensive prior law enforcement
3or county corrections experience the basic training
4requirement is determined by the Board to be illogical and
5unreasonable.
6    If such training is required and not completed within the
7applicable 6 months, then the officer must forfeit the
8officer's position, or the employing agency must obtain a
9waiver from the Board extending the period for compliance.
10Such waiver shall be issued only for good and justifiable
11reasons, and in no case shall extend more than 90 days beyond
12the initial 6 months. Any hiring agency that fails to train a
13law enforcement officer within this period shall be prohibited
14from employing this individual in a law enforcement capacity
15for one year from the date training was to be completed. If an
16agency again fails to train the individual a second time, the
17agency shall be permanently barred from employing this
18individual in a law enforcement capacity.
19    An individual who is not certified by the Board or whose
20certified status is inactive shall not function as a law
21enforcement officer, be assigned the duties of a law
22enforcement officer by an employing agency, or be authorized
23to carry firearms under the authority of the employer, except
24as otherwise authorized to carry a firearm under State or
25federal law. Sheriffs who are elected as of the effective date
26of this Amendatory Act of the 101st General Assembly, are

 

 

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1exempt from the requirement of certified status. Failure to be
2certified in accordance with this Act shall cause the officer
3to forfeit the officer's position.
4    An employing agency may not grant a person status as a law
5enforcement officer unless the person has been granted an
6active law enforcement officer certification by the Board.
7    (b) Inactive status. A person who has an inactive law
8enforcement officer certification has no law enforcement
9authority.
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
10mean that a county corrections officer employed by a
11governmental agency at the time of the effective date of this
12amendatory Act, either as a probationary county corrections or
13as a permanent county corrections officer, shall require
14certification under the provisions of this Section. No
15provision of this Section shall be construed to apply to
16certification of elected county sheriffs.
17    (d) Within 14 days, a law enforcement officer shall report
18to the Board: (1) any name change; (2) any change in
19employment; or (3) the filing of any criminal indictment or
20charges against the officer alleging that the officer
21committed any offense as enumerated in Section 6.1 of this
22Act.
23    (e) All law enforcement officers must report the
24completion of the training requirements required in this Act
25in compliance with Section 8.4 of this Act.
26    (e-1) Each employing law enforcement governmental agency

 

 

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1shall allow and provide an opportunity for a law enforcement
2officer to complete the mandated requirements in this Act. All
3mandated training shall be provided for at no cost to the
4employees. Employees shall be paid for all time spent
5attending mandated training.
6    (e-2) Each agency, academy, or training provider shall
7maintain proof of a law enforcement officer's completion of
8legislatively required training in a format designated by the
9Board. The report of training shall be submitted to the Board
10within 30 days following completion of the training. A copy of
11the report shall be submitted to the law enforcement officer.
12Upon receipt of a properly completed report of training, the
13Board will make the appropriate entry into the training
14records of the law enforcement officer.
15    (f) This Section does not apply to part-time law
16enforcement officers or probationary part-time law enforcement
17officers.
18    (g) Notwithstanding any provision of law to the contrary,
19the changes made to this Section by this amendatory Act of the
20102nd General Assembly, Public Act 101-652, and Public Act
21102-28 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
2must obtain from the Board a certificate (i) attesting to his
3or her successful completion of the part-time police training
4course; (ii) attesting to his or her satisfactory completion
5of a training program of similar content and number of hours
6that has been found acceptable by the Board under the
7provisions of this Act; or (iii) attesting to the Board's
8determination that the part-time police training course is
9unnecessary because of the person's extensive prior law
10enforcement experience. A person hired on or after the
11effective date of this amendatory Act of the 92nd General
12Assembly must obtain this certificate within 18 months after
13the initial date of hire as a probationary part-time police
14officer in the State of Illinois. The probationary part-time
15police officer must be enrolled and accepted into a
16Board-approved course within 6 months after active employment
17by any department in the State. A person hired on or after
18January 1, 1996 and before the effective date of this
19amendatory Act of the 92nd General Assembly must obtain this
20certificate within 18 months after the date of hire. A person
21hired before January 1, 1996 must obtain this certificate
22within 24 months after the effective date of this amendatory
23Act of 1995.
24    The employing agency may seek a waiver from the Board
25extending the period for compliance. A waiver shall be issued
26only for good and justifiable reasons, and the probationary

 

 

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1part-time police officer may not practice as a part-time
2police officer during the waiver period. If training is
3required and not completed within the applicable time period,
4as extended by any waiver that may be granted, then the officer
5must forfeit his or her position.
6    (b) (Blank).
7    (c) The part-time police training course referred to in
8this Section shall be of similar content and the same number of
9hours as the courses for full-time officers and shall be
10provided by Mobile Team In-Service Training Units under the
11Intergovernmental Law Enforcement Officer's In-Service
12Training Act or by another approved program or facility in a
13manner prescribed by the Board.
14    (d) For the purposes of this Section, the Board shall
15adopt rules defining what constitutes employment on a
16part-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
21officer must obtain from the Board a certificate (i) attesting
22to the officer's successful completion of the part-time police
23training course; (ii) attesting to the officer's satisfactory
24completion of a training program of similar content and number
25of hours that has been found acceptable by the Board under the

 

 

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1provisions of this Act; or (iii) a training waiver attesting
2to the Board's determination that the part-time police
3training course is unnecessary because of the person's
4extensive prior law enforcement experience. A person hired on
5or after the effective date of this amendatory Act of the 92nd
6General Assembly must obtain this certificate within 18 months
7after the initial date of hire as a probationary part-time law
8enforcement officer in the State of Illinois. The probationary
9part-time law enforcement officer must be enrolled and
10accepted into a Board-approved course within 6 months after
11active employment by any department in the State. A person
12hired on or after January 1, 1996 and before the effective date
13of this amendatory Act of the 92nd General Assembly must
14obtain this certificate within 18 months after the date of
15hire. A person hired before January 1, 1996 must obtain this
16certificate within 24 months after the effective date of this
17amendatory Act of 1995.
18    The employing agency may seek an extension waiver from the
19Board extending the period for compliance. An extension waiver
20shall be issued only for good and justifiable reasons, and the
21probationary part-time law enforcement officer may not
22practice as a part-time law enforcement officer during the
23extension waiver period. If training is required and not
24completed within the applicable time period, as extended by
25any waiver that may be granted, then the officer must forfeit
26the officer's position.

 

 

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1    An individual who is not certified by the Board or whose
2certified status is inactive shall not function as a law
3enforcement officer, be assigned the duties of a law
4enforcement officer by an agency, or be authorized to carry
5firearms under the authority of the employer, except that
6sheriffs who are elected are exempt from the requirement of
7certified status. Failure to be in accordance with this Act
8shall cause the officer to forfeit the officer's position.
9    (a-5) A part-time probationary law enforcement officer
10shall be allowed to complete six months of a part-time police
11training course and function as a law enforcement officer as
12permitted by this subsection with a waiver from the Board,
13provided the part-time law enforcement officer is still
14enrolled in the training course. If the part-time probationary
15law enforcement officer withdraws from the course for any
16reason or does not complete the course within the applicable
17time period, as extended by any waiver that may be granted,
18then the officer must forfeit the officer's position. A
19probationary law enforcement officer must function under the
20following 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
9enforcement officer certification has no law enforcement
10authority.
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
10this Section shall be of similar content and the same number of
11hours as the courses for full-time officers and shall be
12provided by Mobile Team In-Service Training Units under the
13Intergovernmental Law Enforcement Officer's In-Service
14Training Act or by another approved program or facility in a
15manner prescribed by the Board.
16    (d) Within 14 days, a law enforcement officer shall report
17to the Board: (1) any name change; (2) any change in
18employment; or (3) the filing of any criminal indictment or
19charges against the officer alleging that the officer
20committed any offense as enumerated in Section 6.1 of this
21Act.
22    (e) All law enforcement officers must report the
23completion of the training requirements required in this Act
24in compliance with Section 8.4 of this Act.
25    (e-1) Each employing agency shall allow and provide an
26opportunity for a law enforcement officer to complete the

 

 

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1requirements in this Act. All mandated training shall be
2provided for at no cost to the employees. Employees shall be
3paid for all time spent attending mandated training.
4    (e-2) Each agency, academy, or training provider shall
5maintain proof of a law enforcement officer's completion of
6legislatively required training in a format designated by the
7Board. The report of training shall be submitted to the Board
8within 30 days following completion of the training. A copy of
9the report shall be submitted to the law enforcement officer.
10Upon receipt of a properly completed report of training, the
11Board will make the appropriate entry into the training
12records of the law enforcement officer.
13    (f) For the purposes of this Section, the Board shall
14adopt rules defining what constitutes employment on a
15part-time basis.
16    (g) Notwithstanding any provision of law to the contrary,
17the changes made to this Section by this amendatory Act of the
18102nd General Assembly and Public Act 101-652 take effect July
191, 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
23delayed 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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1officer has been arrested or indicted on any felony charge or
2charges, may immediately suspend the law enforcement officer's
3certification for a term specified by the Board to begin no
4sooner than the date of the violation. The Board shall also
5notify the chief administrator of any law enforcement
6governmental agency currently employing the officer. The Board
7shall have authority to dissolve an emergency order of
8suspension at any time for any reason.
9    (a-5) The Board may consider the following factors in
10determining 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
22the law enforcement officer, the employing governmental
23agency, the chief executive of the employing agency
24municipality, and state the reason for suspension within seven
25days.
26    (c) Upon service of the notice, the law enforcement

 

 

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1officer's employing agency officer shall have 30 days to
2request to be heard by the Panel. The hearing, if requested by
3the officer licensee, shall follow the hearing procedures as
4outlined in subsection (h) of Section 6.3 of this Act. In the
5hearing, the written communication and any other evidence
6obtained therewith may be introduced as evidence against the
7law enforcement officer; provided however, the law enforcement
8officer, or their counsel, shall have the opportunity to
9discredit, impeach and submit evidence rebutting such evidence
10to explain why the officer's certification should not be
11suspended or why the suspension should be shortened. The law
12enforcement officer may also present any rebuttal evidence of
13mitigating factors.
14    (d) At the meeting, the law enforcement officer may
15present evidence, witnesses and argument as to why the
16officer's certification should not be suspended. The Panel
17shall review the recommendation from the administrative law
18judge regarding the suspension, and if the Panel finds that
19the proof is evident or the presumption great that the officer
20has committed the offense charged, the Panel can sustain or
21reduce the length of the suspension. If the Panel does not find
22that the proof is evident or the presumption great that the
23officer has committed the offense charged, the Panel can
24reverse the suspension.
25    If the law enforcement officer does not request to be
26heard or does not appear, the Panel may hold the hearing in the

 

 

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1officer's absence. The law enforcement officer and the
2employing governmental agency shall be notified of the
3decision of the Panel within 7 days. The law enforcement
4officer may request to suspend the hearing until after the
5officer's criminal trial has occurred, however the suspension
6will remain intact until the hearing.
7    (e) Findings and conclusions made in hearing for an
8emergency suspension shall not be binding on any party in any
9subsequent proceeding under this Act.
10    (f) A Panel member acting in good faith, and not in a
11willful and wanton manner, in accordance with this Section,
12shall not, as a result of such actions, be subject to criminal
13prosecution or civil damages, including but not limited to
14lost wages.
15    (g) Notwithstanding any provision of law to the contrary,
16the changes made to this Section by this amendatory Act of the
17102nd General Assembly and Public Act 101-652 take effect July
181, 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
22delayed effective date)
23    Sec. 8.4. Law enforcement compliance verification.
24    (a)(1) Unless on inactive status under subsection (b) of
25Section 8.1 or subsection (b) of Section 8.2, every law

 

 

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1enforcement officer subject to this Act shall submit a
2verification form that confirms compliance with this Act. The
3verification shall apply to the 3 calendar years preceding the
4date of verification. Law enforcement officers shall submit
5the officer's first report by January 30 during the initial
6three-year reporting period, as determined on the basis of the
7law enforcement officer's last name under paragraph (2) of
8this subsection then every third year of the officer's
9applicable three-year report period as determined by the
10Board. At the conclusion of each law enforcement officer's
11applicable reporting period, the chief administrative officer
12of the officer's law enforcement governmental agency is to
13determine the compliance of each officer under this Section.
14An officer may verify their successful completion of training
15requirements with their law enforcement governmental agency.
16Each law enforcement officer is responsible for reporting and
17demonstrating compliance to the officer's chief administrative
18officer.
19    (2) The applicable three-year reporting period shall begin
20on January 30, 2023 for law enforcement officers whose last
21names being with the letters A through G, on January 30, 2024
22for law enforcement officers whose last names being with the
23letters H through O, and January 30, 2025 for law enforcement
24officers whose last names being with the letters P through Z.
25    (3) The compliance verification form shall be in a form
26and manner prescribed by the Board and, at a minimum, include

 

 

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1the following: (i) verification that the law enforcement
2officer has completed the mandatory training programs in the
3preceding 3 years; (ii) the law enforcement officer's current
4employment information, including but not limited to, the
5termination of any previous law enforcement or security
6employment in the relevant time period; and (iii) a statement
7verifying that the officer has not committed misconduct under
8Section 6.1.
9    (b) (1) On October 1 of each year, the Board shall send
10notice to all certified law enforcement officers, unless
11exempted in (a), of the upcoming deadline to submit the
12compliance verification form. No later than March 1 of each
13year, the Board shall send notice to all certified law
14enforcement officers who have failed to submit the compliance
15verification form, as well as the officer's law enforcement
16governmental agencies. The Board shall not send a notice of
17noncompliance to law enforcement officers whom the Board
18knows, based on the status of the law enforcement officer's
19certification status, are inactive or retired. The Board may
20accept compliance verification forms until April 1 of the year
21in which a law enforcement officer is required to submit the
22form.
23    (2) No earlier than April 1 of the year in which a law
24enforcement officer is required to submit a verification form,
25the Board may determine a law enforcement officer's
26certification to be inactive if the law enforcement officer

 

 

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1failed to either: (1) submit a compliance verification in
2accordance with this Section; or (2) report an exemption from
3the requirements of this Section. The Board shall then send
4notice, by mail or email, to any such law enforcement officer
5and the officer's law enforcement governmental agency that the
6officer's certificate will be deemed inactive on the date
7specified in the notice, which shall be no sooner than 21 days
8from the date of the notice, because of the officer's failure
9to comply or report compliance, or failure to report an
10exemption. The Board shall deem inactive the certificate of
11such law enforcement officers on the date specified in the
12notice unless the Board determines before that date that the
13law enforcement officer has complied. A determination that a
14certificate is inactive under this section is not a
15disciplinary sanction.
16    (3) A law enforcement officer who was on voluntary
17inactive status shall, upon return to active status, be
18required to complete the deferred training programs within 1
19year.
20    (4) The Board may waive the reporting requirements, as
21required in this section, if the law enforcement officer or
22the officer's law enforcement governmental agency demonstrates
23the existence of mitigating circumstances justifying the law
24enforcement officer's failure to obtain the training
25requirements due to failure of the officer's law enforcement
26governmental agency or the Board to offer the training

 

 

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1requirement during the officer's required compliance
2verification period. If the Board finds that the law
3enforcement officer can meet the training requirements with
4extended time, the Board may allow the law enforcement officer
5a maximum of six additional months to complete the
6requirements.
7    (5) A request for a training waiver under this subsection
8due to the mitigating circumstance shall be in writing,
9accompanied by verifying documentation, and shall be submitted
10to the Board not less than 30 days before the end of the law
11enforcement officer's required compliance verification period.
12    (6) A law enforcement officer whose request for waiver
13under this subsection is denied, is entitled to a request for a
14review by the Board. The law enforcement officer or the
15officer's law enforcement agency must request a review within
1620 days after the waiver being denied. The burden of proof
17shall be on the law enforcement officer to show why the officer
18is entitled to a waiver. A law enforcement officer whose
19request for waiver under this subsection is denied, is
20entitled to a request for a review by the Board. The law
21enforcement officer or the officer's governmental agency must
22request a review within 20 days of the waiver being denied. The
23burden of proof shall be on the law enforcement officer to show
24why 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
18deemed inactive due to noncompliance with the reporting
19requirements under paragraph (a)(1) may request to have the
20Board re-activate his or her certification upon submitting a
21compliance verification form that shows full compliance for
22the period in which the law enforcement officer was deemed
23inactive due to noncompliance. The Board shall make a
24determination regarding a submission under this subsection
25active no later than 7 days after the Board determines full
26compliance or continued noncompliance.

 

 

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1    A law enforcement officer whose request for reactivation
2under this subsection (e) is denied is entitled to request a
3review by the Board. The law enforcement officer or the
4officer's law enforcement agency must request a review within
520 days after reactivation being denied. The burden of proof
6shall be on the law enforcement officer or law enforcement
7agency to show that the officer is in full compliance.
8    (f) Notwithstanding any provision of law to the contrary,
9the changes made to this Section by this amendatory Act of the
10102nd General Assembly and Public Act 101-652 take effect July
111, 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
15delayed effective date)
16    Sec. 9.2. Officer professional conduct database;
17transparency.
18    (a) All law enforcement governmental agencies and the
19Illinois State Police shall notify the Board of any final
20determination of a willful violation of department, agency, or
21the Illinois State Police policy, official misconduct, or
22violation 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
9Board any conduct they deem appropriate to disseminate to
10another law enforcement governmental agency regarding a law
11enforcement officer.
12    The agency or the Illinois State Police shall report to
13the Board within 10 days of a final determination and final
14exhaustion of any administrative appeal, or the law
15enforcement officer's resignation or retirement, and shall
16provide information regarding the nature of the violation.
17This notification shall not necessarily trigger certification
18review.
19    A law enforcement governmental agency and the Illinois
20State Police shall be immune from liability for a disclosure
21made as described in this subsection, unless the disclosure
22would constitute intentional misrepresentation or gross
23negligence.
24    (b) Within 14 days after receiving notification Upon
25receiving notification from a law enforcement governmental
26agency or the Illinois State Police, the Board must notify the

 

 

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1law enforcement officer of the report and the officer's right
2to provide a statement regarding the reported violation. The
3law enforcement officer shall have 14 days from receiving
4notice to provide a written objection contesting information
5included in the agency's report. The objection must be filed
6with the Board on a form prescribed by the Board and a copy
7must be served on the law enforcement agency. The objection
8shall remain in the database with the reported violation.
9    (c) The Board shall maintain a database readily available
10to any chief administrative officer, or the officer's
11designee, of a law enforcement governmental agency and the
12Illinois State Police that shall show for each law enforcement
13officer: (i) dates of certification, decertification, and
14inactive status; (ii) each sustained instance of departmental
15misconduct that lead to a suspension at least 10 days or any
16infraction that would trigger an official or formal
17investigation under the law enforcement governmental agency
18policy, any allegation of misconduct regarding truthfulness as
19to a material fact, bias, or integrity, or any other reported
20violation, the nature of the violation, the reason for the
21final decision of discharge or dismissal, and any statement
22provided by the officer; (iii) date of separation from
23employment from any local or state law enforcement
24governmental agency; (iv) the reason for separation from
25employment, including, but not limited to: whether the
26separation was based on misconduct or occurred while the law

 

 

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1enforcement local or State governmental agency was conducting
2an investigation of the certified individual for a violation
3of an employing agency's rules, policy or procedure or other
4misconduct 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
21from disclosing public records in accordance with the Freedom
22of Information Act.
23    (d) The Board shall maintain a searchable database of law
24enforcement officers accessible to the public that shall
25include: (i) the law enforcement officer's employing local or
26state governmental agency; (ii) the date of the officer's

 

 

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1initial certification and the officer's current certification
2status; and (iii) any sustained complaint of misconduct that
3resulted in decertification and the date thereof; provided,
4however, that information shall not be included in the
5database that would allow the public to ascertain the home
6address of an officer or another person; provided further,
7that information regarding an officer's or another person's
8family member shall not be included in the database. The Board
9shall make the database publicly available on its website.
10    (e) The Board shall maintain a searchable database of all
11completed investigations against law enforcement officers
12related to decertification. The database shall identify each
13law enforcement officer by a confidential and anonymous number
14and include: (i) the law enforcement officer's employing local
15or state governmental agency; (ii) the date of the incident
16referenced in the complaint; (iii) the location of the
17incident; (iv) the race and ethnicity of each officer involved
18in the incident; (v) the age, gender, race and ethnicity of
19each person involved in the incident, if known; (vi) whether a
20person in the complaint, including a law enforcement officer,
21was injured, received emergency medical care, was hospitalized
22or died as a result of the incident; (vii) the law enforcement
23governmental agency or other entity assigned to conduct an
24investigation of the incident; (viii) when the investigation
25was completed; (ix) whether the complaint was sustained; and
26(x) the type of misconduct investigated; provided, however,

 

 

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1that the Board shall redact or withhold such information as
2necessary to prevent the disclosure of the identity of an
3officer. The Board shall make the database publicly available
4on its website.
5    (e-1) An investigation is complete when the investigation
6has either been terminated or the decertification action,
7including the administrative review process, has been
8completed, whichever is later.
9    (e-2) At any time, a law enforcement officer shall have
10access to the law enforcement officer's own records on file
11with the Board, as it pertains to the databases in this
12Section.
13    (f) Annual report. The Board shall submit an annual report
14to the Governor, Attorney General, President and Minority
15Leader of the Senate, and the Speaker and Minority Leader of
16the House of Representatives beginning on or before March 1,
172023, 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
7website of the Board.
8    (g) Nothing in this Section shall exempt a law enforcement
9agency from which the Board has obtained data, documents,
10materials, or other information or that has disclosed data,
11documents, materials, or other information to the Board from
12disclosing public records in accordance with the Freedom of
13Information Act.
14    (h) Notwithstanding any provision of law to the contrary,
15the changes made to this Section by this amendatory Act of the
16102nd General Assembly and Public Act 101-652 take effect July
171, 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
22initiate, administer, and conduct training programs for
23permanent police officers and permanent county corrections
24officers in addition to the basic recruit training program.
25The Board may initiate, administer, and conduct training

 

 

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1programs for part-time police officers in addition to the
2basic part-time police training course. The training for
3permanent and part-time police officers and permanent county
4corrections officers may be given in any schools selected by
5the Board. Such training may include all or any part of the
6subjects enumerated in Section 7 of this Act.
7    The corporate authorities of all participating local
8governmental agencies may elect to participate in the advanced
9training for permanent and part-time police officers and
10permanent county corrections officers but nonparticipation in
11this program shall not in any way affect the mandatory
12responsibility of governmental units to participate in the
13basic recruit training programs for probationary full-time and
14part-time police and permanent county corrections officers.
15The failure of any permanent or part-time police officer or
16permanent county corrections officer to successfully complete
17any course authorized under this Section shall not affect the
18officer's status as a member of the police department or
19county sheriff's office of any local governmental agency.
20    The Board may initiate, administer, and conduct training
21programs for clerks of circuit courts. Those training
22programs, at the Board's discretion, may be the same or
23variations of training programs for law enforcement officers.
24    The Board shall initiate, administer, and conduct a
25training program regarding the set up and operation of
26portable scales for all municipal and county police officers,

 

 

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1technicians, and employees who set up and operate portable
2scales. This training program must include classroom and field
3training.
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
7initiate, administer, and conduct training programs for
8permanent law enforcement officers and permanent county
9corrections officers in addition to the basic recruit training
10program. The Board may initiate, administer, and conduct
11training programs for part-time law enforcement officers in
12addition to the basic part-time law enforcement training
13course. The training for permanent and part-time law
14enforcement officers and permanent county corrections officers
15may be given in any schools selected by the Board. Such
16training may include all or any part of the subjects
17enumerated in Sections 7 and 7.4 Section 7 of this Act.
18    The corporate authorities of all participating local
19governmental agencies may elect to participate in the advanced
20training for permanent and part-time law enforcement officers
21and permanent county corrections officers but nonparticipation
22in this program shall not in any way affect the mandatory
23responsibility of governmental units to participate in the
24basic recruit training programs for probationary full-time and
25part-time law enforcement and permanent county corrections

 

 

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1officers. The failure of any permanent or part-time law
2enforcement officer or permanent county corrections officer to
3successfully complete any course authorized under this Section
4shall not affect the officer's status as a member of the police
5department or county sheriff's office of any local
6governmental agency.
7    The Board may initiate, administer, and conduct training
8programs for clerks of circuit courts. Those training
9programs, at the Board's discretion, may be the same or
10variations of training programs for law enforcement officers.
11    The Board shall initiate, administer, and conduct a
12training program regarding the set up and operation of
13portable scales for all municipal and county police officers,
14technicians, and employees who set up and operate portable
15scales. This training program must include classroom and field
16training.
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
22Public Act 92-533), an applicant for employment as a peace
23officer, or for annual certification as a retired law
24enforcement officer qualified under federal law to carry a
25concealed weapon, shall authorize an investigation to

 

 

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1determine if the applicant has been convicted of, or entered a
2plea of guilty to, any criminal offense that disqualifies the
3person as a peace officer.
4    (b) No law enforcement agency may knowingly employ a
5person, or certify a retired law enforcement officer qualified
6under federal law to carry a concealed weapon, unless (i) a
7criminal background investigation of that person has been
8completed and (ii) that investigation reveals no convictions
9of or pleas of guilty to offenses specified in subsection (a)
10of 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
15Public Act 92-533), an applicant for employment as a peace
16officer, or for annual certification as a retired law
17enforcement officer qualified under federal law to carry a
18concealed weapon, shall authorize an investigation to
19determine if the applicant has been convicted of any criminal
20offense that disqualifies the person as a peace officer.
21    (b) No law enforcement governmental agency may knowingly
22employ a person, or certify a retired law enforcement officer
23qualified under federal law to carry a concealed weapon,
24unless (i) a criminal background investigation of that person
25has been completed and (ii) that investigation reveals no

 

 

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1convictions of or pleas of guilty to offenses specified in
2subsection (a) of Section 6.1 of this Act.
3(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
4102-558, eff. 8-20-21.)
 
5    (50 ILCS 705/10.6)
6    (This Section may contain text from a Public Act with a
7delayed effective date)
8    Sec. 10.6. Mandatory training to be completed every 3
9years.
10    (a) The Board shall adopt rules and minimum standards for
11in-service training requirements as set forth in this Section.
12The training shall provide officers with knowledge of policies
13and laws regulating the use of force; equip officers with
14tactics and skills, including de-escalation techniques, to
15prevent or reduce the need to use force or, when force must be
16used, to use force that is objectively reasonable, necessary,
17and proportional under the totality of the circumstances; and
18ensure appropriate supervision and accountability. The
19training shall consist of at least 30 hours of training every 3
20years 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,
10the changes made to this Section by this amendatory Act of the
11102nd General Assembly, Public Act 101-652, and Public Act
12102-28 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.
17The Illinois Law Enforcement Training Standards Board shall
18conduct or approve a training program in death and homicide
19investigation for the training of law enforcement officers of
20local government agencies. Only law enforcement officers who
21successfully complete the training program may be assigned as
22lead investigators in death and homicide investigations.
23Satisfactory completion of the training program shall be
24evidenced by a certificate issued to the law enforcement
25officer by the Illinois Law Enforcement Training Standards

 

 

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1Board.
2    The Illinois Law Enforcement Training Standards Board
3shall develop a process for waiver applications sent by a
4local law enforcement agency administrator for those officers
5whose prior training and experience as homicide investigators
6may qualify them for a waiver. The Board may issue a waiver at
7its discretion, based solely on the prior training and
8experience of an officer as a homicide investigator. This
9Section does not affect or impede the powers of the office of
10the coroner to investigate all deaths as provided in Division
113-3 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.
15The Illinois Law Enforcement Training Standards Board shall
16conduct or approve a training program in death and homicide
17investigation for the training of law enforcement officers of
18local law enforcement government agencies. Only law
19enforcement officers who successfully complete the training
20program may be assigned as lead investigators in death and
21homicide investigations. Satisfactory completion of the
22training program shall be evidenced by a certificate issued to
23the law enforcement officer by the Illinois Law Enforcement
24Training Standards Board.
25    The Illinois Law Enforcement Training Standards Board

 

 

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1shall develop a process for waiver applications sent by a
2local governmental agency administrator for those officers
3whose prior training and experience as homicide investigators
4may qualify them for a waiver. The Board may issue a waiver at
5its discretion, based solely on the prior training and
6experience of an officer as a homicide investigator. This
7Section does not affect or impede the powers of the office of
8the coroner to investigate all deaths as provided in Division
93-3 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
14used by State and local law enforcement agencies for drug
15enforcement purposes pursuant to the Cannabis Control Act, the
16Illinois Controlled Substances Act, or the Methamphetamine
17Control and Community Protection Act shall be trained by
18programs that meet the minimum certification requirements set
19by 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
23used by State and local law enforcement governmental agencies
24for drug enforcement purposes pursuant to the Cannabis Control

 

 

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1Act, the Illinois Controlled Substances Act, or the
2Methamphetamine Control and Community Protection Act shall be
3trained by programs that meet the minimum certification
4requirements 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
10shall conduct or approve a training program in Post-Traumatic
11Stress Disorder (PTSD) for law enforcement officers of local
12government agencies. The purpose of that training shall be to
13equip law enforcement officers of local government agencies to
14identify the symptoms of PTSD and to respond appropriately to
15individuals 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
20shall conduct or approve a training program in Post-Traumatic
21Stress Disorder (PTSD) for law enforcement officers of local
22law enforcement governmental agencies. The purpose of that
23training shall be to equip law enforcement officers of local
24law enforcement governmental agencies to identify the symptoms

 

 

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1of PTSD and to respond appropriately to individuals exhibiting
2those 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
7Enforcement Training Standards Board may conduct or approve a
8training program in veterans' awareness for law enforcement
9officers of local government agencies. The program shall train
10law enforcement officers to identify issues relating to
11veterans and provide guidelines dictating how law enforcement
12officers should respond to and address such issues. Each local
13government agency is encouraged to designate an individual to
14respond 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
18Enforcement Training Standards Board may conduct or approve a
19training program in veterans' awareness for law enforcement
20officers of local government agencies. The program shall train
21law enforcement officers to identify issues relating to
22veterans and provide guidelines dictating how law enforcement
23officers should respond to and address such issues. Each local
24law enforcement governmental agency is encouraged to designate

 

 

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1an individual to respond to veterans' issues.
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
7Police Act, may be referred to as the Annie LeGere Law.
8    (b) For purposes of this Section, "epinephrine
9auto-injector" means a single-use device used for the
10automatic injection of a pre-measured dose of epinephrine into
11the human body prescribed in the name of a local governmental
12agency.
13    (c) The Board shall conduct or approve an optional
14advanced training program for police officers to recognize and
15respond to anaphylaxis, including the administration of an
16epinephrine auto-injector. The training must include, but is
17not 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
6officer who has completed an optional advanced training
7program under subsection (c) to carry, administer, or assist
8with the administration of epinephrine auto-injectors provided
9by the local governmental agency whenever he or she is
10performing official duties.
11    (e) A local governmental agency that authorizes its
12officers to carry and administer epinephrine auto-injectors
13under subsection (d) must establish a policy to control the
14acquisition, storage, transportation, administration, and
15disposal of epinephrine auto-injectors and to provide
16continued training in the administration of epinephrine
17auto-injectors.
18    (f) A physician, physician's assistant with prescriptive
19authority, or advanced practice registered nurse with
20prescriptive authority may provide a standing protocol or
21prescription for epinephrine auto-injectors in the name of a
22local governmental agency to be maintained for use when
23necessary.
24    (g) When a police officer administers an epinephrine
25auto-injector in good faith, the police officer and local
26governmental agency, and its employees and agents, including a

 

 

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1physician, physician's assistant with prescriptive authority,
2or advanced practice registered nurse with prescriptive
3authority who provides a standing order or prescription for an
4epinephrine auto-injector, incur no civil or professional
5liability, except for willful and wanton conduct, as a result
6of any injury or death arising from the use of an epinephrine
7auto-injector.
8(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
9100-648, 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
13Police Act, may be referred to as the Annie LeGere Law.
14    (b) For purposes of this Section, "epinephrine
15auto-injector" means a single-use device used for the
16automatic injection of a pre-measured dose of epinephrine into
17the human body prescribed in the name of a local law
18enforcement governmental agency.
19    (c) The Board shall conduct or approve an optional
20advanced training program for law enforcement officers to
21recognize and respond to anaphylaxis, including the
22administration of an epinephrine auto-injector. The training
23must 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
12authorize a law enforcement officer who has completed an
13optional advanced training program under subsection (c) to
14carry, administer, or assist with the administration of
15epinephrine auto-injectors provided by the local law
16enforcement governmental agency whenever the officer is
17performing official duties.
18    (e) A local law enforcement governmental agency that
19authorizes its officers to carry and administer epinephrine
20auto-injectors under subsection (d) must establish a policy to
21control the acquisition, storage, transportation,
22administration, and disposal of epinephrine auto-injectors and
23to provide continued training in the administration of
24epinephrine auto-injectors.
25    (f) A physician, physician's assistant with prescriptive
26authority, or advanced practice registered nurse with

 

 

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1prescriptive authority may provide a standing protocol or
2prescription for epinephrine auto-injectors in the name of a
3local law enforcement governmental agency to be maintained for
4use when necessary.
5    (g) When a law enforcement officer administers an
6epinephrine auto-injector in good faith, the law enforcement
7officer and local law enforcement governmental agency, and its
8employees and agents, including a physician, physician's
9assistant with prescriptive authority, or advanced practice
10registered nurse with prescriptive authority who provides a
11standing order or prescription for an epinephrine
12auto-injector, incur no civil or professional liability,
13except for willful and wanton conduct, or as a result of any
14injury or death arising from the use of an epinephrine
15auto-injector.
16(Source: P.A. 100-201, eff. 8-18-17; 100-648, eff. 7-31-18;
17101-652, 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
21develop rules and minimum standards for local governmental
22agencies that authorize police officers to dispose of unused
23medications under Section 18 of the Safe Pharmaceutical
24Disposal 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
3develop rules and minimum standards for local law enforcement
4governmental agencies that authorize law enforcement officers
5to dispose of unused medications under Section 18 of the Safe
6Pharmaceutical 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
12resource officers as defined in Section 10-20.68 of the School
13Code.
14    (b) The school resource officer course shall be developed
15within one year after January 1, 2019 (the effective date of
16Public Act 100-984) and shall be created in consultation with
17organizations demonstrating expertise and or experience in the
18areas of youth and adolescent developmental issues,
19educational administrative issues, prevention of child abuse
20and exploitation, youth mental health treatment, and juvenile
21advocacy.
22    (c) The Board shall develop a process allowing law
23enforcement agencies to request a waiver of this training
24requirement for any specific individual assigned as a school

 

 

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1resource officer. Applications for these waivers may be
2submitted by a local law enforcement agency chief
3administrator for any officer whose prior training and
4experience may qualify for a waiver of the training
5requirement of this subsection (c). The Board may issue a
6waiver at its discretion, based solely on the prior training
7and experience of an officer.
8    (d) Upon completion, the employing agency shall be issued
9a certificate attesting to a specific officer's completion of
10the school resource officer training. Additionally, a letter
11of approval shall be issued to the employing agency for any
12officer who is approved for a training waiver under this
13subsection (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
18resource officers as defined in Section 10-20.68 of the School
19Code.
20    (b) The school resource officer course shall be developed
21within one year after January 1, 2019 (the effective date of
22Public Act 100-984) and shall be created in consultation with
23organizations demonstrating expertise and or experience in the
24areas of youth and adolescent developmental issues,
25educational administrative issues, prevention of child abuse

 

 

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1and exploitation, youth mental health treatment, and juvenile
2advocacy.
3    (c) The Board shall develop a process allowing law
4enforcement agencies to request a waiver of this training
5requirement for any specific individual assigned as a school
6resource officer. Applications for these waivers may be
7submitted by a local law enforcement governmental agency chief
8administrator for any officer whose prior training and
9experience may qualify for a waiver of the training
10requirement of this subsection (c). The Board may issue a
11waiver at its discretion, based solely on the prior training
12and experience of an officer.
13    (d) Upon completion, the employing agency shall be issued
14a certificate attesting to a specific officer's completion of
15the school resource officer training. Additionally, a letter
16of approval shall be issued to the employing agency for any
17officer who is approved for a training waiver under this
18subsection (d).
19(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19;
20101-652, eff. 1-1-22.)
 
21    Section 16. The Law Enforcement Officer-Worn Body Camera
22Act 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
2of officer-worn body cameras by law enforcement agencies. The
3guidelines developed by the Board shall be the basis for the
4written policy which must be adopted by each law enforcement
5agency which employs the use of officer-worn body cameras. The
6written policy adopted by the law enforcement agency must
7include, 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;
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:
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;
6                (iii) death or great bodily harm occurred to
7            any person in the recording;
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;
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.
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
5camera are not subject to disclosure under the Freedom of
6Information 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),
5the subject of the encounter does not have a reasonable
6expectation of privacy if the subject was arrested as a result
7of the encounter. For purposes of subparagraph (A) of
8paragraph (1) of this subsection (b), "witness" does not
9include a person who is a victim or who was arrested as a
10result of the encounter.
11    Only recordings or portions of recordings responsive to
12the request shall be available for inspection or reproduction.
13Any recording disclosed under the Freedom of Information Act
14shall be redacted to remove identification of any person that
15appears on the recording and is not the officer, a subject of
16the encounter, or directly involved in the encounter. Nothing
17in this subsection (b) shall require the disclosure of any
18recording or portion of any recording which would be exempt
19from disclosure under the Freedom of Information Act.
20    (c) Nothing in this Section shall limit access to a camera
21recording for the purposes of complying with Supreme Court
22rules or the rules of evidence.
23(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
24revised 7-30-21.)
 
25    Section 20. The Code of Criminal Procedure of 1963 is

 

 

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1amended 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
4family; transfers; presumption of inadmissibility.
5    (a) Persons who are in police custody shall have the right
6to communicate free of charge with an attorney of his or her
7choice and members of his or her family as soon as possible
8upon being taken into police custody, but no later than 3 hours
9of arrival at the first place of detention. Persons in police
10custody must be given access to use a telephone via a landline
11or cellular phone to make 3 telephone calls.
12    (b) In accordance with Section 103-7, at every police
13facility where a person is in police custody, a sign
14containing at minimum, the following information in bold block
15type 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
24where the court has appointed the public defender or other
25attorney to represent persons who are in police custody, the

 

 

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1telephone number to the public defender or other attorney's
2office must also be displayed. The telephone call to the
3public defender or other attorney must not be monitored,
4eavesdropped upon, or recorded.
5    (d) If a person who is in police custody is transferred to
6a new place of detention, that person's right to make 3
7telephone calls under this Section within 3 hours of arrival
8is renewed.
9    (e) Statements made by a person who is detained in police
10custody in violation of this section are presumed inadmissible
11in court as evidence. The presumption of inadmissibility may
12be overcome by a preponderance of the evidence that the
13statement was voluntarily given and is reliable, based on the
14totality of the circumstances. As used in this subsection,
15"totality of the circumstances" includes, but is not limited
16to, evidence that law enforcement knowingly prevented or
17delayed a person's right to communicate or failed to comply
18with the requirements of this Section.
19    (f) The 3-hour requirement under this Section shall not
20apply while the person in police custody is asleep,
21unconscious, or otherwise incapacitated or an exigent
22circumstance prevents the officers from timely complying with
23this Section. If this occurs, it must be documented within the
24police report detailing the exigent circumstance. Once the
25exigent circumstance ends, the right to make 3 phone calls
26within 3 hours resumes.

 

 

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1    (g) In accordance with this Section, the following records
2shall be maintained: (i) the number of phone calls the person
3made while in custody; (ii) the time or times the person made
4phone calls; and (iii) if the person did not make any phone
5calls, a statement of the reason or reasons why no calls were
6made.
7    (h) For purposes of this Section, "place of detention"
8means a building or a police station that is a place of
9operation for a municipal police department or county sheriff
10department or other law enforcement agency, other than a
11courthouse, that is owned or operated by a law enforcement
12agency, or other building, such as a school or hospital, where
13persons are held in detention in connection with criminal
14charges against those persons.
 
15    (725 ILCS 5/103-3 rep.)
16    Section 25. The Code of Criminal Procedure of 1963 is
17amended by repealing Section 103-3.
 
18    Section 30. The Pretrial Services Act is amended by adding
19Section 1.5 as follows:
 
20    (725 ILCS 185/1.5 new)
21    Sec. 1.5. Framework facilitating the hiring and training
22of new State-employed pretrial services personnel to serve
23circuit courts or counties without existing pretrial services

 

 

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1agencies. Notwithstanding anything in this Act to the
2contrary, the Supreme Court is encouraged to establish a
3framework that facilitates the hiring and training of new
4State-employed pretrial services personnel to serve circuit
5courts or counties without existing pretrial services
6agencies, as required by Section 1.
 
7    Section 35. The Unified Code of Corrections is amended by
8changing Section 5-8-1 as follows:
 
9    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
10    Sec. 5-8-1. Natural life imprisonment; enhancements for
11use of a firearm; mandatory supervised release terms.
12    (a) Except as otherwise provided in the statute defining
13the offense or in Article 4.5 of Chapter V, a sentence of
14imprisonment for a felony shall be a determinate sentence set
15by the court under this Section, subject to Section 5-4.5-115
16of this Code, according to the following limitations:
17        (1) for first degree murder,
18            (a) (blank),
19            (b) if a trier of fact finds beyond a reasonable
20        doubt that the murder was accompanied by exceptionally
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
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:
9                (i) has previously been convicted of first
10            degree murder under any state or federal law, or
11                (ii) is found guilty of murdering more than
12            one victim, or
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
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
6            official duties, or
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
21            technician - paramedic, ambulance driver, or other
22            medical assistant or first aid personnel, or
23                (vi) (blank), or
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.
6            For purposes of clause (v), "emergency medical
7        technician - ambulance", "emergency medical technician -
8         intermediate", "emergency medical technician -
9        paramedic", have the meanings ascribed to them in the
10        Emergency Medical Services (EMS) Systems Act.
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;
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;
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.
25        (2) (blank);
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.
12    (b) (Blank).
13    (c) (Blank).
14    (d) Subject to earlier termination under Section 3-3-8,
15the parole or mandatory supervised release term shall be
16written as part of the sentencing order and shall be as
17follows:
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;
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;
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;
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;
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
25of Public Act 101-652: (i) the provisions of paragraph (3) of
26subsection (d) are effective on July 1 January 1, 2022 and

 

 

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1shall apply to all individuals convicted on or after the
2effective date of paragraph (3) of subsection (d); and (ii)
3the provisions of paragraphs (1.5) and (2) of subsection (d)
4are effective on July 1, 2021 and shall apply to all
5individuals convicted on or after the effective date of
6paragraphs (1.5) and (2) of subsection (d).
7(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
8102-28, eff. 6-25-21; revised 8-2-21.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect January
191, 2022.