96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3294

 

Introduced 2/9/2010, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/6   from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.2 new
50 ILCS 705/8.1   from Ch. 85, par. 508.1
50 ILCS 705/8.2

    Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified. Makes related changes. Provides that the Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that a police officer who has been licensed, certified, or granted a valid waiver shall be decertified or have his or her license or waiver revoked upon a determination by the Illinois Labor Relations Board State Panel that he or she knowingly and willfully violated a rule or regulation of his or her department or agency that has as a penalty the discharge or dismissal of the officer from the department or agency. Establishes hearing procedures on decertification. Contains other provisions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning law enforcement training.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Police Training Act is amended by
5 changing Sections 6, 6.1, 8.1, and 8.2 and adding Section 6.2
6 as follows:
 
7     (50 ILCS 705/6)  (from Ch. 85, par. 506)
8     Sec. 6. Powers and duties of the Board; selection and
9 certification of schools. selection and certification of
10 schools. The Board shall select and certify schools within the
11 State of Illinois for the purpose of providing basic training
12 for probationary police officers, probationary county
13 corrections officers, and court security officers and of
14 providing advanced or in-service training for permanent police
15 officers or permanent county corrections officers, which
16 schools may be either publicly or privately owned and operated.
17 In addition, the Board has the following 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

 

 

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1     standards relating to the training of probationary local
2     law enforcement officers or probationary county
3     corrections officers.
4         c. To provide appropriate licensure or certification
5     to those probationary officers who successfully complete
6     the prescribed minimum standard basic training course.
7         d. To review and approve annual training curriculum for
8     county sheriffs.
9         e. To review and approve applicants to ensure that no
10     applicant is admitted to a certified academy unless the
11     applicant is a person of good character and has not been
12     convicted of a felony offense, any of the misdemeanors in
13     Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15,
14     16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or
15     32-7 of the Criminal Code of 1961 or Section 5 or 5.2 of
16     the Cannabis Control Act, or a crime involving moral
17     turpitude under the laws of this State or any other state
18     which if committed in this State would be punishable as a
19     felony or a crime of moral turpitude. The Board may appoint
20     investigators who shall enforce the duties conferred upon
21     the Board by this Act.
22 (Source: P.A. 91-495, eff. 1-1-00.)
 
23     (50 ILCS 705/6.1)
24     Sec. 6.1. Revocation of license or decertification
25 Decertification of full-time and part-time police officers.

 

 

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1     (a) The Board must review police officer conduct and
2 records to ensure that no police officer is licensed certified
3 or provided a valid waiver if that police officer has been
4 convicted of or has pled guilty to a felony offense under the
5 laws of this State or any other state which if committed in
6 this State would be punishable as a felony. The Board must also
7 ensure that no police officer is licensed certified or provided
8 a valid waiver if that police officer has been convicted on or
9 after the effective date of this amendatory Act of 1999 of any
10 misdemeanor specified in this Section or if committed in any
11 other state would be an offense similar to Section 11-6,
12 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
13 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
14 Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
15 Act. The Board must appoint investigators to enforce the duties
16 conferred upon the Board by this Act.
17     (b) It is the responsibility of the sheriff or the chief
18 executive officer of every local law enforcement agency or
19 department within this State to report to the Board any arrest
20 or conviction of any officer for an offense identified in this
21 Section.
22     (c) It is the duty and responsibility of every full-time
23 and part-time police officer in this State to report to the
24 Board within 30 days, and the officer's sheriff or chief
25 executive officer, of his or her arrest or conviction for an
26 offense identified in this Section. Any full-time or part-time

 

 

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1 police officer who knowingly makes, submits, causes to be
2 submitted, or files a false or untruthful report to the Board
3 must have his or her license certificate or waiver immediately
4 decertified or revoked.
5     (d) Any person, or a local or State agency, or the Board is
6 immune from liability for submitting, disclosing, or releasing
7 information of arrests or convictions in this Section as long
8 as the information is submitted, disclosed, or released in good
9 faith and without malice. The Board has qualified immunity for
10 the release of the information.
11     (e) Whenever a Any full-time or part-time police officer
12 with a license certificate or waiver issued by the Board who is
13 convicted of or pleads guilty to any offense described in this
14 Section, his or her license or waiver is automatically revoked
15 by operation of law immediately becomes decertified or no
16 longer has a valid waiver. The decertification and invalidity
17 of waivers occurs as a matter of law. Failure of a convicted
18 person to report to the Board his or her conviction as
19 described in this Section or any continued law enforcement
20 practice after receiving a conviction is a Class 4 felony.
21     (f) The Board's investigators are peace officers and have
22 all the powers possessed by policemen in cities and by
23 sheriff's, provided that the investigators may exercise those
24 powers anywhere in the State, only after contact and
25 cooperation with the appropriate local law enforcement
26 authorities.

 

 

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1     (g) The Board must request and receive information and
2 assistance from any federal, state, or local governmental
3 agency as part of the authorized criminal background
4 investigation. The Department of State Police must process,
5 retain, and additionally provide and disseminate information
6 to the Board concerning criminal charges, arrests,
7 convictions, and their disposition, that have been filed
8 before, on, or after the effective date of this amendatory Act
9 of the 91st General Assembly against a basic academy applicant,
10 law enforcement applicant, or law enforcement officer whose
11 fingerprint identification cards are on file or maintained by
12 the Department of State Police. The Federal Bureau of
13 Investigation must provide the Board any criminal history
14 record information contained in its files pertaining to law
15 enforcement officers or any applicant to a Board certified
16 basic law enforcement academy as described in this Act based on
17 fingerprint identification. The Board must make payment of fees
18 to the Department of State Police for each fingerprint card
19 submission in conformance with the requirements of paragraph 22
20 of Section 55a of the Civil Administrative Code of Illinois.
21     (h) A police officer who has been certified, licensed, or
22 granted a valid waiver shall also be decertified, have his or
23 her license revoked, or have his or her waiver revoked upon a
24 determination by the Illinois Labor Relations Board State Panel
25 that he or she, while under oath, has knowingly and willfully
26 made false statements as to a material fact going to an element

 

 

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1 of the offense of murder. If an appeal is filed, the
2 determination shall be stayed.
3         (1) In the case of an acquittal on a charge of murder,
4     a verified complaint may be filed:
5             (A) by the defendant; or
6             (B) by a police officer with personal knowledge of
7         perjured testimony.
8         The complaint must allege that a police officer, while
9     under oath, knowingly and willfully made false statements
10     as to a material fact going to an element of the offense of
11     murder. The verified complaint must be filed with the
12     Executive Director of the Illinois Law Enforcement
13     Training Standards Board within 2 years of the judgment of
14     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

 

 

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1     Director of the Illinois Law Enforcement Training
2     Standards Board has sole discretion to make this
3     determination and this decision is not subject to appeal.
4     (i) If the Executive Director of the Illinois Law
5 Enforcement Training Standards Board determines that the
6 verified complaint warrants further investigation, he or she
7 shall refer the matter to a task force of investigators created
8 for this purpose. This task force shall consist of 8 sworn
9 police officers: 2 from the Illinois State Police, 2 from the
10 City of Chicago Police Department, 2 from county police
11 departments, and 2 from municipal police departments. These
12 investigators shall have a minimum of 5 years of experience in
13 conducting criminal investigations. The investigators shall be
14 appointed by the Executive Director of the Illinois Law
15 Enforcement Training Standards Board. Any officer or officers
16 acting in this capacity pursuant to this statutory provision
17 will have statewide police authority while acting in this
18 investigative capacity. Their salaries and expenses for the
19 time spent conducting investigations under this paragraph
20 shall be reimbursed by the Illinois Law Enforcement Training
21 Standards Board.
22     (j) Once the Executive Director of the Illinois Law
23 Enforcement Training Standards Board has determined that an
24 investigation is warranted, the verified complaint shall be
25 assigned to an investigator or investigators. The investigator
26 or investigators shall conduct an investigation of the verified

 

 

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1 complaint and shall write a report of his or her findings. This
2 report shall be submitted to the Executive Director of the
3 Illinois Labor Relations Board State Panel.
4     Within 30 days, the Executive Director of the Illinois
5 Labor Relations Board State Panel shall review the
6 investigative report and determine whether sufficient evidence
7 exists to conduct an evidentiary hearing on the verified
8 complaint. If the Executive Director of the Illinois Labor
9 Relations Board State Panel determines upon his or her review
10 of the investigatory report that a hearing should not be
11 conducted, the complaint shall be dismissed. This decision is
12 in the Executive Director's sole discretion, and this dismissal
13 may not be appealed.
14     If the Executive Director of the Illinois Labor Relations
15 Board State Panel determines that there is sufficient evidence
16 to warrant a hearing, a hearing shall be ordered on the
17 verified complaint, to be conducted by an administrative law
18 judge employed by the Illinois Labor Relations Board State
19 Panel. The Executive Director of the Illinois Labor Relations
20 Board State Panel shall inform the Executive Director of the
21 Illinois Law Enforcement Training Standards Board and the
22 person who filed the complaint of either the dismissal of the
23 complaint or the issuance of the complaint for hearing. The
24 Executive Director shall assign the complaint to the
25 administrative law judge within 30 days of the decision
26 granting a hearing.

 

 

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

 

 

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

 

 

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1 offense of murder, the administrative law judge shall make a
2 written recommendation so concluding to the Illinois Labor
3 Relations Board State Panel. The hearings shall be transcribed.
4 The Executive Director of the Illinois Law Enforcement Training
5 Standards Board shall be informed of the administrative law
6 judge's recommended findings and decision and the Illinois
7 Labor Relations Board State Panel's subsequent review of the
8 recommendation.
9     (l) An officer named in any complaint filed pursuant to
10 this Act shall be indemnified for his or her reasonable
11 attorney's fees and costs by his or her employer. These fees
12 shall be paid in a regular and timely manner. The State, upon
13 application by the public employer, shall reimburse the public
14 employer for the accused officer's reasonable attorney's fees
15 and costs. At no time and under no circumstances will the
16 accused officer be required to pay his or her own reasonable
17 attorney's fees or costs.
18     (m) The accused officer shall not be placed on unpaid
19 status because of the filing or processing of the verified
20 complaint until there is a final non-appealable order
21 sustaining his or her guilt and his or her license or
22 certification is revoked. Nothing in this Act, however,
23 restricts the public employer from pursuing discipline against
24 the officer in the normal course and under procedures then in
25 place.
26     (n) The Illinois Labor Relations Board State Panel shall

 

 

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1 review the administrative law judge's recommended decision and
2 order and determine by a majority vote whether or not there was
3 clear and convincing evidence that the accused officer, while
4 under oath, knowingly and willfully made false statements as to
5 a material fact going to the offense of murder. Within 30 days
6 of service of the administrative law judge's recommended
7 decision and order, the parties may file exceptions to the
8 recommended decision and order and briefs in support of their
9 exceptions with the Illinois Labor Relations Board State Panel.
10 The parties may file responses to the exceptions and briefs in
11 support of the responses no later than 15 days after the
12 service of the exceptions. If exceptions are filed by any of
13 the parties, the Illinois Labor Relations Board State Panel
14 shall review the matter and make a finding to uphold, vacate,
15 or modify the recommended decision and order. If the Illinois
16 Labor Relations Board State Panel concludes that there is clear
17 and convincing evidence that the accused officer, while under
18 oath, knowingly and willfully made false statements as to a
19 material fact going to an element of the offense murder, the
20 Illinois Labor Relations Board State Panel shall inform the
21 Illinois Law Enforcement Training Standards Board and the
22 Illinois Law Enforcement Training Standards Board shall revoke
23 the accused officer's certification, license, or waiver. If the
24 accused officer appeals that determination to the Appellate
25 Court, as provided by this Act, he or she may petition the
26 Appellate Court to stay the revocation of his or her

 

 

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1 certification, license, or waiver pending the court's review of
2 the matter.
3     (o) None of the Illinois Labor Relations Board State
4 Panel's findings or determinations shall set any precedent in
5 any of its decisions decided pursuant to the Illinois Public
6 Labor Relations Act by the Illinois Labor Relations Board State
7 Panel or the courts.
8     (p) A party aggrieved by the final order of the Illinois
9 Labor Relations Board State Panel may apply for and obtain
10 judicial review of an order of the Illinois Labor Relations
11 Board State Panel, in accordance with the provisions of the
12 Administrative Review Law, except that such judicial review
13 shall be afforded directly in the Appellate Court for the
14 district in which the accused officer resides. Any direct
15 appeal to the Appellate Court shall be filed within 35 days
16 from the date that a copy of the decision sought to be reviewed
17 was served upon the party affected by the decision.
18     (q) Interested parties. Only interested parties to the
19 criminal prosecution in which the police officer allegedly,
20 while under oath, knowingly and willfully made false statements
21 as to a material fact going to an element of the offense of
22 murder may file a verified complaint pursuant to this Section.
23 For purposes of this Section, "interested parties" shall be
24 limited to the defendant and any police officer who has
25 personal knowledge that the police officer who is the subject
26 of the complaint has, while under oath, 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.
3     (r) Semi-annual reports. The Executive Director of the
4 Illinois Labor Relations Board shall submit semi-annual
5 reports to the Governor, President, and Minority Leader of the
6 Senate, and to the Speaker and Minority Leader of the House of
7 Representatives beginning on June 30, 2004, indicating:
8         (1) the number of verified complaints received since
9     the date of the last report;
10         (2) the number of investigations initiated since the
11     date of the last report;
12         (3) the number of investigations concluded since the
13     date of the last report;
14         (4) the number of investigations pending as of the
15     reporting date;
16         (5) the number of hearings held since the date of the
17     last report; and
18         (6) the number of officers decertified or whose
19     licenses have been revoked since the date of the last
20     report.
21     (s) A police officer who has been licensed, certified, or
22 granted a valid waiver shall also be decertified or have his or
23 her license or waiver revoked upon a determination by the
24 Illinois Labor Relations Board State Panel that he or she,
25 while serving as a police officer with a department or agency,
26 has knowingly and willfully violated a rule or regulation of

 

 

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1 the department or agency, on or after the effective date of
2 this amendatory Act of the 96th General Assembly, that has as a
3 penalty the discharge or dismissal of the officer from the
4 department or agency.
5     In the case of an officer who resigned or retired from the
6 department or agency before a formal determination, pursuant to
7 department or agency rules and regulations, is made on the
8 alleged violation, a verified complaint may be filed with the
9 Board alleging that the officer knowingly and willfully
10 violated a rule or regulation of his or her former department
11 or agency, on or after the effective date of this amendatory
12 Act of the 96th General Assembly, that results or may result in
13 the officer's discharge or dismissal from the department or
14 agency.
15         (1) A verified complaint may be filed under this
16     subsection (s) by the department or agency that employed
17     the officer, but only if the complaint is signed by all of
18     following:
19             (A) For a former police officer of a municipality:
20                 (i) chief executive of the municipality;
21                 (ii) head of the municipality's police
22             commission, if applicable;
23                 (iii) police department chief of police or
24             chief executive officer;
25                 (iv) labor representative, if applicable; and
26                 (v) State's Attorney for the county in which

 

 

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1             the officer was employed.
2             (B) For a former county sheriff or deputy sheriff:
3                 (i) county board chairperson;
4                 (ii) sheriff;
5                 (iii) labor representative, if applicable; and
6                 (iv) State's Attorney for the county in which
7             the officer was employed.
8         The verified complaint must be filed with the Executive
9     Director within 2 years after the officer's resignation or
10     retirement.
11         (2) Within 30 days after receiving the verified
12     complaint, the Executive Director of the Illinois Law
13     Enforcement Training Standards Board shall review the
14     verified complaint and determine whether the verified
15     complaint is frivolous and without merit, or whether
16     further investigation is warranted. The Illinois Law
17     Enforcement Training Standards Board shall notify the
18     officer and the Executive Director of the Illinois Labor
19     Relations Board State Panel of the filing of the complaint
20     and any action taken thereon. If the Executive Director of
21     the Illinois Law Enforcement Training Standards Board
22     determines that the verified complaint is frivolous and
23     without merit, then the complaint shall be dismissed. The
24     Executive Director of the Illinois Law Enforcement
25     Training Standards Board has the sole discretion to make
26     this determination. The determination is not subject to

 

 

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1     appeal.
2         (3) If the Executive Director of the Illinois Law
3     Enforcement Training Standards Board determines that the
4     verified complaint warrants further investigation, then he
5     or she shall refer the matter to a task force of
6     investigators created for this purpose. This task force
7     shall consist of 8 sworn police officers: 2 from the
8     Illinois State Police, 2 from the City of Chicago Police
9     Department, 2 from county police departments, and 2 from
10     municipal police departments. These investigators shall
11     have a minimum of 5 years of experience in conducting
12     investigations. The investigators shall be appointed by
13     the Executive Director of the Illinois Law Enforcement
14     Training Standards Board. Any officer or officers acting in
15     this capacity pursuant to this paragraph shall have
16     statewide police authority while acting in this
17     investigative capacity. Their salaries and expenses for
18     the time spent conducting investigations under this
19     paragraph shall be reimbursed by the Illinois Law
20     Enforcement Training Standards Board.
21         (4) The task force investigators shall conduct an
22     investigation of the verified complaint and shall file a
23     written report of their findings. The report shall be
24     submitted to the Executive Director of the Illinois Labor
25     Relations Board State Panel.
26         Within 30 days after receiving the report, the

 

 

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1     Executive Director of the Illinois Labor Relations Board
2     State Panel shall review the investigative report and
3     determine whether sufficient evidence exists to conduct an
4     evidentiary hearing on the verified complaint. If the
5     Executive Director of the Illinois Labor Relations Board
6     State Panel determines upon his or her review of the
7     investigatory report that a hearing should not be
8     conducted, the complaint shall be dismissed. This decision
9     is in the Executive Director's sole discretion, and a
10     dismissal may not be appealed.
11         If the Executive Director of the Illinois Labor
12     Relations Board State Panel determines that there is
13     sufficient evidence to warrant a hearing, then a hearing
14     shall be ordered on the verified complaint, to be conducted
15     by an administrative law judge employed by the Illinois
16     Labor Relations Board State Panel. The Executive Director
17     of the Illinois Labor Relations Board State Panel shall
18     inform the Executive Director of the Illinois Law
19     Enforcement Training Standards Board and the department or
20     agency that filed the complaint of the dismissal of the
21     complaint or the issuance of the complaint for hearing. The
22     Executive Director of the Illinois Labor Relations Board
23     State Panel shall assign the complaint to the
24     administrative law judge within 30 days after the decision
25     granting a hearing.
26         (5) In the case of a formal determination by the

 

 

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1     department or agency, pursuant to department or agency
2     rules and regulations, that the officer be discharged or
3     dismissed for knowingly and willfully violating a rule or
4     regulation of the department or agency, on or after the
5     effective date of this amendatory Act of the 96th General
6     Assembly, the Illinois Labor Relations Board State Panel
7     shall hold a hearing to determine whether the officer shall
8     be decertified or have his or her license or waiver
9     revoked. The department or agency must file a verified
10     complaint within 2 years after the officer's discharge or
11     dismissal for the Illinois Labor Relations Board State
12     Panel to hold a hearing. The complaint shall be assigned to
13     an administrative law judge within 30 days so that a
14     hearing can be scheduled.
15         (6) Once a case has been set for hearing, the verified
16     complaint shall be referred to the Department of
17     Professional Regulation. The Department of Professional
18     Regulation shall prosecute the verified complaint at the
19     hearing before the administrative law judge. The
20     Department of Professional Regulation shall have the
21     opportunity to produce evidence to support the verified
22     complaint and to request the Illinois Labor Relations Board
23     State Panel to compel the attendance of witnesses and the
24     production of related documents, including, but not
25     limited to, court documents and records. The Illinois Labor
26     Relations Board State Panel shall have the power to issue

 

 

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1     subpoenas requiring the attendance of and testimony of
2     witnesses and the production of related documents
3     including, but not limited to, court documents and records
4     and shall have the power to administer oaths.
5         At the hearing, the accused officer shall be afforded
6     the opportunity to:
7             (A) be represented by counsel of his or her own
8         choosing;
9             (B) be heard in his or her own defense;
10             (C) produce evidence in his or her defense; and
11             (D) request that the Illinois Labor Relations
12         Board State Panel compel the attendance of witnesses
13         and production of related documents including, but not
14         limited to, court documents and records.
15         (7) The administrative law judge shall have the
16     responsibility of receiving into evidence relevant
17     testimony and documents, including court records, to
18     support or disprove the allegations made by the department
19     or agency filing the verified complaint and, at the close
20     of the case, hear arguments. If the administrative law
21     judge finds that there is not clear and convincing evidence
22     to support the verified complaint that the police officer
23     knowingly and willfully violated a rule or regulation of
24     his or her department or agency, on or after the effective
25     date of this Amendatory Act of the 96th General Assembly,
26     that results or may result in the discharge or dismissal of

 

 

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1     the officer from the department or agency, the
2     administrative law judge shall make a written
3     recommendation of dismissal to the Illinois Labor
4     Relations Board State Panel. If the administrative law
5     judge finds that there is clear and convincing evidence
6     that the police officer knowingly and willfully violated a
7     rule or regulation of his or her department or agency, on
8     or after the effective date of this Amendatory Act of the
9     96th General Assembly, that results or may result in the
10     discharge or dismissal of the officer from the department
11     or agency, the administrative law judge shall make a
12     written recommendation so concluding to the Illinois Labor
13     Relations Board State Panel. The hearings shall be
14     transcribed. The Executive Director of the Illinois Law
15     Enforcement Training Standards Board shall be informed of
16     the administrative law judge's recommended findings and
17     decision and the Illinois Labor Relations Board State
18     Panel's subsequent review of the recommendation.
19         (8) The Illinois Labor Relations Board State Panel
20     shall review the administrative law judge's recommended
21     decision and order and determine by a majority vote whether
22     or not there was clear and convincing evidence that the
23     accused officer knowingly and willfully violated a rule or
24     regulation of his or her department or agency, on or after
25     the effective date of this Amendatory Act of the 96th
26     General Assembly, that results or may result in the

 

 

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1     discharge or dismissal of the officer from the department
2     or agency. Within 30 days after service of the
3     administrative law judge's recommended decision and order,
4     the parties may file exceptions to the recommended decision
5     and order and briefs in support of their exceptions with
6     the Illinois Labor Relations Board State Panel. The parties
7     may file responses to the exceptions and briefs in support
8     of the responses no later than 15 days after the service of
9     the exceptions. If exceptions are filed by any of the
10     parties, the Illinois Labor Relations Board State Panel
11     shall review the matter and make a finding to uphold,
12     vacate, or modify the recommended decision and order.
13         If the Illinois Labor Relations Board State Panel
14     concludes that there is clear and convincing evidence that
15     the accused officer knowingly and willfully violated a rule
16     or regulation of his or her department or agency, on or
17     after the effective date of this Amendatory Act of the 96th
18     General Assembly, that results or may result in the
19     discharge or dismissal of the officer from the department
20     or agency, the Illinois Labor Relations Board State Panel
21     shall inform the Illinois Law Enforcement Training
22     Standards Board and the Illinois Law Enforcement Training
23     Standards Board shall revoke the accused officer's
24     certification, license, or waiver. If the accused officer
25     appeals that determination to the Appellate Court, as
26     provided by this Act, he or she may petition the Appellate

 

 

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1     Court to stay the revocation of his or her certification,
2     license, or waiver pending the court's review of the
3     matter.
4         (9) The accused officer shall not be placed on unpaid
5     status in any currently held police officer position
6     because of the filing or processing of a verified complaint
7     until there is a final non-appealable order sustaining his
8     or her guilt and his or her license or certification is
9     revoked.
10         (10) None of the Illinois Labor Relations Board State
11     Panel's findings or determinations shall set any precedent
12     in any of its decisions decided pursuant to the Illinois
13     Public Labor Relations Act by the Illinois Labor Relations
14     Board State Panel or the courts.
15         (11) A party aggrieved by the final order of the
16     Illinois Labor Relations Board State Panel may apply for
17     and obtain judicial review of an order of the Illinois
18     Labor Relations Board State Panel, in accordance with the
19     provisions of the Administrative Review Law, except that
20     such judicial review shall be afforded directly in the
21     Appellate Court for the district in which the accused
22     officer resides. Any direct appeal to the Appellate Court
23     shall be filed within 35 days after the date that a copy of
24     the decision sought to be reviewed was served upon the
25     party affected by the decision.
26         (12) It is the duty and responsibility of the sheriff

 

 

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1     or the chief executive officer of a local law enforcement
2     agency or department within this State to report to the
3     Board any discharge or dismissal of any officer for a
4     violation identified in this subsection (s). It is the duty
5     and responsibility of a full-time or part-time police
6     officer in this State to report to the Board within 30 days
7     after his or her discharge or dismissal for a violation
8     identified in this subsection (s).
9         (13) Any full-time or part-time police officer who
10     knowingly makes, submits, causes to be submitted, or files
11     a false or untruthful report to the Board, under this
12     subsection (s), must have his or her license, certificate,
13     or waiver immediately decertified or revoked.
14         (14) Any person, or a local or State agency, or the
15     Board is immune from liability for submitting, disclosing,
16     or releasing information of violations pursuant to this
17     subsection (s) as long as the information is submitted,
18     disclosed, or released in good faith and without malice.
19     The Board has qualified immunity for the release of the
20     information.
21 (Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
 
22     (50 ILCS 705/6.2 new)
23     Sec. 6.2. Conversion of certificates to licenses.
24     (a) Beginning on the effective date of this amendatory Act
25 of the 96th General Assembly, the Board's recognition of

 

 

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1 persons who have successfully completed the prescribed minimum
2 standard basic training course for police officers shall be
3 known as licensure rather than certification.
4     (b) If a person has successfully completed the prescribed
5 minimum standard basic training course for police officers and
6 holds a valid certification to that effect on the effective
7 date of this amendatory Act of the 96th General Assembly, that
8 certification shall be deemed to be a license for the purposes
9 of this Act.
10     (c) If, on the effective date of this amendatory Act of the
11 96th General Assembly, a person holds a valid waiver from one
12 of the certification requirements of this Act for police
13 officers, that waiver shall be deemed a waiver from the
14 corresponding licensure requirement of this Act.
15     (d) The Board shall replace the certificates or other
16 evidences of certification or waiver for police officers in use
17 on the effective date of this amendatory Act of the 96th
18 General Assembly with new credentials reflecting the change in
19 nomenclature instituted by this amendatory Act of the 96th
20 General Assembly.
 
21     (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
22     Sec. 8.1. Full-time police and county corrections
23 officers.
24     (a) After January 1, 1976, no person shall receive a
25 permanent appointment as a law enforcement officer as defined

 

 

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

 

 

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1 police officer, shall require licensure or certification under
2 the provisions of this Section.
3     No provision of this Section shall be construed to mean
4 that a county corrections officer employed by a local
5 governmental agency at the time of the effective date of this
6 amendatory Act of 1984, either as a probationary county
7 corrections or as a permanent county corrections officer, shall
8 require certification under the provisions of this Section.
9     No provision of this Section shall be construed to apply to
10 licensure or certification of elected county sheriffs.
11     (c) This Section does not apply to part-time police
12 officers or probationary part-time police officers.
13 (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
 
14     (50 ILCS 705/8.2)
15     Sec. 8.2. Part-time police officers.
16     (a) A person hired to serve as a part-time police officer
17 must obtain from the Board a license or certificate (i)
18 attesting to his or her successful completion of the part-time
19 police training course; (ii) attesting to his or her
20 satisfactory completion of a training program of similar
21 content and number of hours that has been found acceptable by
22 the Board under the provisions of this Act; or (iii) attesting
23 to the Board's determination that the part-time police training
24 course is unnecessary because of the person's extensive prior
25 law enforcement experience. A person hired on or after the

 

 

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1 effective date of this amendatory Act of the 92nd General
2 Assembly must obtain this certificate within 18 months after
3 the initial date of hire as a probationary part-time police
4 officer in the State of Illinois. The probationary part-time
5 police officer must be enrolled and accepted into a
6 Board-approved course within 6 months after active employment
7 by any department in the State. A person hired on or after
8 January 1, 1996 and before the effective date of this
9 amendatory Act of the 92nd General Assembly must obtain this
10 license or certificate within 18 months after the date of hire.
11 A person hired before January 1, 1996 must obtain this license
12 or certificate within 24 months after the effective date of
13 this amendatory Act of 1995.
14     The employing agency may seek a waiver from the Board
15 extending the period for compliance. A waiver shall be issued
16 only for good and justifiable reasons, and the probationary
17 part-time police officer may not practice as a part-time police
18 officer during the waiver period. If training is required and
19 not completed within the applicable time period, as extended by
20 any waiver that may be granted, then the officer must forfeit
21 his or her position.
22     (b) (Blank).
23     (c) The part-time police training course referred to in
24 this Section shall be of similar content and the same number of
25 hours as the courses for full-time officers and shall be
26 provided by Mobile Team In-Service Training Units under the

 

 

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1 Intergovernmental Law Enforcement Officer's In-Service
2 Training Act or by another approved program or facility in a
3 manner prescribed by the Board.
4     (d) For the purposes of this Section, the Board shall adopt
5 rules defining what constitutes employment on a part-time
6 basis.
7 (Source: P.A. 92-533, eff. 3-14-02.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.