Sen. James F. Clayborne Jr.

Filed: 3/22/2004

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2605

2     AMENDMENT NO. ______. Amend Senate Bill 2605 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Police Training Act is amended by
5 changing Sections 6, 6.1, 7, 8.1, and 8.2 and adding Section
6 6.2 as follows:
 
7     (50 ILCS 705/6)  (from Ch. 85, par. 506)
8     Sec. 6. Powers and duties of Board; selection and
9 certification of schools. The Board shall select and certify
10 schools within the State of Illinois for the purpose of
11 providing basic training for probationary police officers,
12 probationary county corrections officers, and court security
13 officers and of providing advanced or in-service training for
14 permanent police officers or permanent county corrections
15 officers, which schools may be either publicly or privately
16 owned and operated. In addition, the Board has the following
17 power and duties:
18         a. To require local governmental units to furnish such
19 reports and information as the Board deems necessary to
20 fully implement this Act, including, but not limited to,
21 personnel rosters, employment status reports, and annual
22 training plans.
23         b. To establish appropriate mandatory minimum
24 standards relating to the training of probationary local

 

 

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1 law enforcement officers or probationary county
2 corrections officers.
3         c. To provide appropriate licensure or certification
4 to those probationary officers who successfully complete
5 the prescribed minimum standard basic training course.
6         d. To review and approve annual training curriculum for
7 county sheriffs.
8         e. To review and approve applicants to ensure that no
9 applicant is admitted to a certified academy unless the
10 applicant is a person of good character and has not been
11 convicted of a felony offense, any of the misdemeanors in
12 Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15,
13 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or
14 32-7 of the Criminal Code of 1961 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 appoint
19 investigators who shall enforce the duties conferred upon
20 the Board by this Act.
21 (Source: P.A. 91-495, eff. 1-1-00.)
 
22     (50 ILCS 705/6.1)
23     Sec. 6.1. Revocation of license or decertification of
24 full-time and part-time police officers.
25     (a) The Board must review police officer conduct and
26 records to ensure that no police officer is licensed certified
27 or provided a valid waiver if that police officer has been
28 convicted of or has pled guilty to a felony offense under the
29 laws of this State or any other state which if committed in
30 this State would be punishable as a felony. The Board must also
31 ensure that no police officer is licensed certified or provided
32 a valid waiver if that police officer has been convicted on or
33 after the effective date of this amendatory Act of 1999 of any

 

 

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1 misdemeanor specified in this Section or if committed in any
2 other state would be an offense similar to Section 11-6,
3 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
4 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
5 Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
6 Act. The Board must appoint investigators to enforce the duties
7 conferred upon the Board by this Act.
8     (b) It is the responsibility of the sheriff or the chief
9 executive officer of every local law enforcement agency or
10 department within this State to report to the Board any arrest
11 or conviction of any officer for an offense identified in this
12 Section.
13     (c) It is the duty and responsibility of every full-time
14 and part-time police officer in this State to report to the
15 Board within 30 days, and the officer's sheriff or chief
16 executive officer, of his or her arrest or conviction for an
17 offense identified in this Section. Any full-time or part-time
18 police officer who knowingly makes, submits, causes to be
19 submitted, or files a false or untruthful report to the Board
20 must have his or her license certificate or waiver immediately
21 decertified or revoked.
22     (d) Any person, or a local or State agency, or the Board is
23 immune from liability for submitting, disclosing, or releasing
24 information of arrests or convictions in this Section as long
25 as the information is submitted, disclosed, or released in good
26 faith and without malice. The Board has qualified immunity for
27 the release of the information.
28     (e) Whenever a Any full-time or part-time police officer
29 with a license certificate or waiver issued by the Board who is
30 convicted of or pleads guilty to any offense described in this
31 Section, his or her license or waiver is automatically revoked
32 by operation of law. immediately becomes decertified or no
33 longer has a valid waiver. The decertification and invalidity
34 of waivers occurs as a matter of law. Failure of a convicted

 

 

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1 person to report to the Board his or her conviction as
2 described in this Section or any continued law enforcement
3 practice after receiving a conviction is a Class 4 felony.
4     (f) The Board's investigators are peace officers and have
5 all the powers possessed by policemen in cities and by
6 sheriff's, provided that the investigators may exercise those
7 powers anywhere in the State, only after contact and
8 cooperation with the appropriate local law enforcement
9 authorities.
10     (g) The Board must request and receive information and
11 assistance from any federal, state, or local governmental
12 agency as part of the authorized criminal background
13 investigation. The Department of State Police must process,
14 retain, and additionally provide and disseminate information
15 to the Board concerning criminal charges, arrests,
16 convictions, and their disposition, that have been filed
17 before, on, or after the effective date of this amendatory Act
18 of the 91st General Assembly against a basic academy applicant,
19 law enforcement applicant, or law enforcement officer whose
20 fingerprint identification cards are on file or maintained by
21 the Department of State Police. The Federal Bureau of
22 Investigation must provide the Board any criminal history
23 record information contained in its files pertaining to law
24 enforcement officers or any applicant to a Board certified
25 basic law enforcement academy as described in this Act based on
26 fingerprint identification. The Board must make payment of fees
27 to the Department of State Police for each fingerprint card
28 submission in conformance with the requirements of paragraph 22
29 of Section 55a of the Civil Administrative Code of Illinois.
30     (h) A police officer who has been certified, licensed, or
31 granted a valid waiver shall also be decertified, have his or
32 her license revoked, or have his or her waiver revoked upon a
33 determination by the Illinois Labor Relations Board State Panel
34 that he or she, while under oath, has knowingly and willfully

 

 

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

 

 

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1 police officers: 2 from the Illinois State Police, 2 from the
2 City of Chicago Police Department, 2 from county police
3 departments, and 2 from municipal police departments. These
4 investigators shall have a minimum of 5 years of experience in
5 conducting criminal investigations. The investigators shall be
6 appointed by the Executive Director of the Illinois Law
7 Enforcement Training Standards Board. Any officer or officers
8 acting in this capacity pursuant to this statutory provision
9 will have statewide police authority while acting in this
10 investigative capacity. Their salaries and expenses for the
11 time spent conducting investigations under this paragraph
12 shall be reimbursed by the Illinois Law Enforcement Training
13 Standards Board.
14     (j) Once the Executive Director of the Illinois Law
15 Enforcement Training Standards Board has determined that an
16 investigation is warranted, the verified complaint shall be
17 assigned to an investigator or investigators. The investigator
18 or investigators shall conduct an investigation of the verified
19 complaint and shall write a report of his or her findings. This
20 report shall be submitted to the Executive Director of the
21 Illinois Labor Relations Board State Panel.
22     Within 30 days, the Executive Director of the Illinois
23 Labor Relations Board State Panel shall review the
24 investigative report and determine whether sufficient evidence
25 exists to conduct an evidentiary hearing on the verified
26 complaint. If the Executive Director of the Illinois Labor
27 Relations Board State Panel determines upon his or her review
28 of the investigatory report that a hearing should not be
29 conducted, the complaint shall be dismissed. This decision is
30 in the Executive Director's sole discretion, and this dismissal
31 may not be appealed.
32     If the Executive Director of the Illinois Labor Relations
33 Board State Panel determines that there is sufficient evidence
34 to warrant a hearing, a hearing shall be ordered on the

 

 

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1 verified complaint, to be conducted by an administrative law
2 judge employed by the Illinois Labor Relations Board State
3 Panel. The Executive Director of the Illinois Labor Relations
4 Board State Panel shall inform the Executive Director of the
5 Illinois Law Enforcement Training Standards Board and the
6 person who filed the complaint of either the dismissal of the
7 complaint or the issuance of the complaint for hearing. The
8 Executive Director shall assign the complaint to the
9 administrative law judge within 30 days of the decision
10 granting a hearing.
11     (k) In the case of a finding of guilt on the offense of
12 murder, if a new trial is granted on direct appeal, or a state
13 post-conviction evidentiary hearing is ordered, based on a
14 claim that a police officer, under oath, knowingly and
15 willfully made false statements as to a material fact going to
16 an element of the offense of murder, the Illinois Labor
17 Relations Board State Panel shall hold a hearing to determine
18 whether the officer should be decertified or have his or her
19 license or waiver revoked if an interested party requests such
20 a hearing within 2 years of the court's decision. The complaint
21 shall be assigned to an administrative law judge within 30 days
22 so that a hearing can be scheduled.
23     At the hearing, the accused officer shall be afforded the
24 opportunity to:
25         (1) Be represented by counsel of his or her own
26 choosing;
27         (2) Be heard in his or her own defense;
28         (3) Produce evidence in his or her defense;
29         (4) Request that the Illinois Labor Relations Board
30 State Panel compel the attendance of witnesses and
31 production of related documents including but not limited
32 to court documents and records.
33     Once a case has been set for hearing, the verified
34 complaint shall be referred to the Department of Professional

 

 

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1 Regulation. That office shall prosecute the verified complaint
2 at the hearing before the administrative law judge. The
3 Department of Professional Regulation shall have the
4 opportunity to produce evidence to support the verified
5 complaint and to request the Illinois Labor Relations Board
6 State Panel to compel the attendance of witnesses and the
7 production of related documents, including, but not limited to,
8 court documents and records. The Illinois Labor Relations Board
9 State Panel shall have the power to issue subpoenas requiring
10 the attendance of and testimony of witnesses and the production
11 of related documents including, but not limited to, court
12 documents and records and shall have the power to administer
13 oaths.
14     The administrative law judge shall have the responsibility
15 of receiving into evidence relevant testimony and documents,
16 including court records, to support or disprove the allegations
17 made by the person filing the verified complaint and, at the
18 close of the case, hear arguments. If the administrative law
19 judge finds that there is not clear and convincing evidence to
20 support the verified complaint that the police officer has,
21 while under oath, knowingly and willfully made false statements
22 as to a material fact going to an element of the offense of
23 murder, the administrative law judge shall make a written
24 recommendation of dismissal to the Illinois Labor Relations
25 Board State Panel. If the administrative law judge finds that
26 there is clear and convincing evidence that the police officer
27 has, while under oath, knowingly and willfully made false
28 statements as to a material fact that goes to an element of the
29 offense of murder, the administrative law judge shall make a
30 written recommendation so concluding to the Illinois Labor
31 Relations Board State Panel. The hearings shall be transcribed.
32 The Executive Director of the Illinois Law Enforcement Training
33 Standards Board shall be informed of the administrative law
34 judge's recommended findings and decision and the Illinois

 

 

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

 

 

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1 or modify the recommended decision and order. If the Illinois
2 Labor Relations Board State Panel concludes that there is clear
3 and convincing evidence that the accused officer, while under
4 oath, knowingly and willfully made false statements as to a
5 material fact going to an element of the offense murder, the
6 Illinois Labor Relations Board State Panel shall inform the
7 Illinois Law Enforcement Training Standards Board and the
8 Illinois Law Enforcement Training Standards Board shall revoke
9 the accused officer's certification, license, or waiver. If the
10 accused officer appeals that determination to the Appellate
11 Court, as provided by this Act, he or she may petition the
12 Appellate Court to stay the revocation of his or her
13 certification, license, or waiver pending the court's review of
14 the matter.
15     (o) None of the Illinois Labor Relations Board State
16 Panel's findings or determinations shall set any precedent in
17 any of its decisions decided pursuant to the Illinois Public
18 Labor Relations Act by the Illinois Labor Relations Board State
19 Panel or the courts.
20     (p) A party aggrieved by the final order of the Illinois
21 Labor Relations Board State Panel may apply for and obtain
22 judicial review of an order of the Illinois Labor Relations
23 Board State Panel, in accordance with the provisions of the
24 Administrative Review Law, except that such judicial review
25 shall be afforded directly in the Appellate Court for the
26 district in which the accused officer resides. Any direct
27 appeal to the Appellate Court shall be filed within 35 days
28 from the date that a copy of the decision sought to be reviewed
29 was served upon the party affected by the decision.
30     (q) Interested parties. Only interested parties to the
31 criminal prosecution in which the police officer allegedly,
32 while under oath, knowingly and willfully made false statements
33 as to a material fact going to an element of the offense of
34 murder may file a verified complaint pursuant to this Section.

 

 

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1 For purposes of this Section, "interested parties" shall be
2 limited to the defendant and any police officer who has
3 personal knowledge that the police officer who is the subject
4 of the complaint has, while under oath, knowingly and willfully
5 made false statements as to a material fact going to an element
6 of the offense of murder.
7     (r) Semi-annual reports. The Executive Director of the
8 Illinois Labor Relations Board shall submit semi-annual
9 reports to the Governor, President, and Minority Leader of the
10 Senate, and to the Speaker and Minority Leader of the House of
11 Representatives beginning on June 30, 2004, indicating:
12             (1) the number of verified complaints received
13 since the date of the last report;
14             (2) the number of investigations initiated since
15 the date of the last report;
16             (3) the number of investigations concluded since
17 the date of the last report;
18             (4) the number of investigations pending as of the
19 reporting date;
20             (5) the number of hearings held since the date of
21 the last report; and
22             (6) the number of officers decertified or whose
23 licenses have been revoked since the date of the last
24 report.
25 (Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
 
26     (50 ILCS 705/6.2 new)
27     Sec. 6.2. Conversion of certificates to licenses.
28     (a) Beginning on the effective date of this amendatory Act
29 of the 93rd General Assembly, the Board's recognition of
30 persons who have successfully completed the prescribed minimum
31 standard basic training course for police officers shall be
32 known as licensure rather than certification.
33     (b) If a person has successfully completed the prescribed

 

 

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1 minimum standard basic training course for police officers and
2 holds a valid certification to that effect on the effective
3 date of this amendatory Act of the 93rd General Assembly, that
4 certification shall be deemed to be a license for the purposes
5 of this Act.
6     (c) If, on the effective date of this amendatory Act of the
7 93rd General Assembly, a person holds a valid waiver from one
8 of the certification requirements of this Act for police
9 officers, that waiver shall be deemed a waiver from the
10 corresponding licensure requirement of this Act.
11     (d) The Board shall replace the certificates or other
12 evidences of certification or waiver for police officers in use
13 on the effective date of this amendatory Act of the 93rd
14 General Assembly with new credentials reflecting the change in
15 nomenclature instituted by this amendatory Act.
 
16     (50 ILCS 705/7)  (from Ch. 85, par. 507)
17     Sec. 7. Rules and standards for schools. The Board shall
18 adopt rules and minimum standards for such schools which shall
19 include but not be limited to the following:
20     a. The curriculum for probationary police officers which
21 shall be offered by all certified schools shall include but not
22 be limited to courses of arrest, search and seizure, civil
23 rights, human relations, cultural diversity, including racial
24 and ethnic sensitivity, ethics in performing police duties,
25 criminal law, law of criminal procedure, vehicle and traffic
26 law including uniform and non-discriminatory enforcement of
27 the Illinois Vehicle Code, traffic control and accident
28 investigation, techniques of obtaining physical evidence,
29 court testimonies, statements, reports, firearms training,
30 first-aid (including cardiopulmonary resuscitation), handling
31 of juvenile offenders, recognition of mental conditions which
32 require immediate assistance and methods to safeguard and
33 provide assistance to a person in need of mental treatment, law

 

 

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1 of evidence, the hazards of high-speed police vehicle chases
2 with an emphasis on alternatives to the high-speed chase, and
3 physical training. The curriculum shall include specific
4 training in techniques for immediate response to and
5 investigation of cases of domestic violence and of sexual
6 assault of adults and children. The curriculum for permanent
7 police officers shall include but not be limited to (1)
8 refresher and in-service training in any of the courses listed
9 above in this subparagraph, (2) advanced courses in any of the
10 subjects listed above in this subparagraph, (3) training for
11 supervisory personnel, and (4) specialized training in
12 subjects and fields to be selected by the board.
13     b. Minimum courses of study, attendance requirements and
14 equipment requirements.
15     c. Minimum requirements for instructors.
16     d. Minimum basic training requirements, which a
17 probationary police officer must satisfactorily complete
18 before being eligible for permanent employment as a local law
19 enforcement officer for a participating local governmental
20 agency. Those requirements shall include training in first aid
21 (including cardiopulmonary resuscitation).
22     e. Minimum basic training requirements, which a
23 probationary county corrections officer must satisfactorily
24 complete before being eligible for permanent employment as a
25 county corrections officer for a participating local
26 governmental agency.
27     f. Minimum basic training requirements which a
28 probationary court security officer must satisfactorily
29 complete before being eligible for permanent employment as a
30 court security officer for a participating local governmental
31 agency. The Board shall establish those training requirements
32 which it considers appropriate for court security officers and
33 shall certify schools to conduct that training.
34     A person hired to serve as a court security officer must

 

 

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1 obtain from the Board a certificate (i) attesting to his or her
2 successful completion of the training course; (ii) attesting to
3 his or her satisfactory completion of a training program of
4 similar content and number of hours that has been found
5 acceptable by the Board under the provisions of this Act; or
6 (iii) attesting to the Board's determination that the training
7 course is unnecessary because of the person's extensive prior
8 law enforcement experience.
9     Individuals who currently serve as court security officers
10 shall be deemed qualified to continue to serve in that capacity
11 so long as they are certified as provided by this Act within 24
12 months of the effective date of this amendatory Act of 1996.
13 Failure to be so certified, absent a waiver from the Board,
14 shall cause the officer to forfeit his or her position.
15     All individuals hired as court security officers on or
16 after the effective date of this amendatory Act of 1996 shall
17 be certified within 12 months of the date of their hire, unless
18 a waiver has been obtained by the Board, or they shall forfeit
19 their positions.
20     The Sheriff's Merit Commission, if one exists, or the
21 Sheriff's Office if there is no Sheriff's Merit Commission,
22 shall maintain a list of all individuals who have filed
23 applications to become court security officers and who meet the
24 eligibility requirements established under this Act. Either
25 the Sheriff's Merit Commission, or the Sheriff's Office if no
26 Sheriff's Merit Commission exists, shall establish a schedule
27 of reasonable intervals for verification of the applicants'
28 qualifications under this Act and as established by the Board.
29 (Source: P.A. 93-209, eff. 7-18-03.)
 
30     (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
31     Sec. 8.1. Full-time police and county corrections
32 officers.
33     (a) No After January 1, 1976, no person shall receive a

 

 

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1 permanent appointment as a law enforcement officer as defined
2 in this Act, nor shall any person receive, after the effective
3 date of this amendatory Act of 1984, a permanent appointment as
4 a county corrections officer, unless that person has been
5 awarded, within 6 six months of his or her initial full-time
6 employment, a license certificate attesting to his or her
7 successful completion of the Minimum Standards Basic Law
8 Enforcement and County Correctional Training Course as
9 prescribed by the Board; or has been awarded a license
10 certificate attesting to his or her satisfactory completion of
11 a training program of similar content and number of hours and
12 which course has been found acceptable by the Board under the
13 provisions of this Act; or by reason of extensive prior law
14 enforcement or county corrections experience the basic
15 training requirement is determined by the Board to be illogical
16 and unreasonable.
17     If such training is required and not completed within the
18 applicable 6 six months, then the officer must forfeit his or
19 her position, or the employing agency must obtain a waiver from
20 the Board extending the period for compliance. Such waiver
21 shall be issued only for good and justifiable reasons, and in
22 no case shall extend more than 90 days beyond the initial 6 six
23 months.
24     (b) No provision of this Section shall be construed to mean
25 that a law enforcement officer employed by a local governmental
26 agency at the time of the effective date of this amendatory
27 Act, either as a probationary police officer or as a permanent
28 police officer, shall require certification under the
29 provisions of this Section.
30     No provision of this Section shall be construed to mean
31 that a county corrections officer employed by a local
32 governmental agency at the time of the effective date of this
33 amendatory Act of 1984, either as a probationary county
34 corrections or as a permanent county corrections officer, shall

 

 

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1 require certification under the provisions of this Section.
2     No provision of this Section shall be construed to apply to
3 licensure or certification of elected county sheriffs.
4     (c) This Section does not apply to part-time police
5 officers or probationary part-time police officers.
6 (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
 
7     (50 ILCS 705/8.2)
8     Sec. 8.2. Part-time police officers.
9     (a) A person hired to serve as a part-time police officer
10 must obtain from the Board a license certificate (i) attesting
11 to his or her successful completion of the part-time police
12 training course; (ii) attesting to his or her satisfactory
13 completion of a training program of similar content and number
14 of hours that has been found acceptable by the Board under the
15 provisions of this Act; or (iii) attesting to the Board's
16 determination that the part-time police training course is
17 unnecessary because of the person's extensive prior law
18 enforcement experience. A person hired on or after the
19 effective date of this amendatory Act of the 92nd General
20 Assembly must obtain this license or certificate within 18
21 months after the initial date of hire as a probationary
22 part-time police officer in the State of Illinois. The
23 probationary part-time police officer must be enrolled and
24 accepted into a Board-approved course within 6 months after
25 active employment by any department in the State. A person
26 hired on or after January 1, 1996 and before the effective date
27 of this amendatory Act of the 92nd General Assembly must obtain
28 this certificate within 18 months after the date of hire. A
29 person hired before January 1, 1996 must obtain this
30 certificate within 24 months after the effective date of this
31 amendatory Act of 1995.
32     The employing agency may seek a waiver from the Board
33 extending the period for compliance. A waiver shall be issued

 

 

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1 only for good and justifiable reasons, and the probationary
2 part-time police officer may not practice as a part-time police
3 officer during the waiver period. If training is required and
4 not completed within the applicable time period, as extended by
5 any waiver that may be granted, then the officer must forfeit
6 his or her position.
7     (b) (Blank).
8     (c) The part-time police training course referred to in
9 this Section shall be of similar content and the same number of
10 hours as the courses for full-time officers and shall be
11 provided by Mobile Team In-Service Training Units under the
12 Intergovernmental Law Enforcement Officer's In-Service
13 Training Act or by another approved program or facility in a
14 manner prescribed by the Board.
15     (d) For the purposes of this Section, the Board shall adopt
16 rules defining what constitutes employment on a part-time
17 basis.
18 (Source: P.A. 92-533, eff. 3-14-02.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.".