Illinois General Assembly - Full Text of HB5368
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Full Text of HB5368  103rd General Assembly

HB5368 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5368

 

Introduced 2/9/2024, by Rep. Bob Morgan

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/7
50 ILCS 705/8.1  from Ch. 85, par. 508.1
50 ILCS 705/8.2
50 ILCS 705/10.25 new

    Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in crimes motivated by bias. Includes requirements for the training programs. Requires the training for new law enforcement officers and allows continuing education credits for current law enforcement officers who complete the training.


LRB103 39260 AWJ 69412 b

 

 

A BILL FOR

 

HB5368LRB103 39260 AWJ 69412 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Sections 7, 8.1, and 8.2 and by adding Section 10.25
6as follows:
 
7    (50 ILCS 705/7)
8    Sec. 7. Rules and standards for schools. The Board shall
9adopt rules and minimum standards for such schools which shall
10include, but not be limited to, the following:
11        a. The curriculum for probationary law enforcement
12    officers which shall be offered by all certified schools
13    shall include, but not be limited to, courses of
14    procedural justice, arrest and use and control tactics,
15    search and seizure, including temporary questioning, civil
16    rights, human rights, human relations, cultural
17    competency, including implicit bias and racial and ethnic
18    sensitivity, criminal law, law of criminal procedure,
19    constitutional and proper use of law enforcement
20    authority, crisis intervention training, vehicle and
21    traffic law including uniform and non-discriminatory
22    enforcement of the Illinois Vehicle Code, traffic control
23    and crash investigation, techniques of obtaining physical

 

 

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1    evidence, court testimonies, statements, reports, firearms
2    training, training in the use of electronic control
3    devices, including the psychological and physiological
4    effects of the use of those devices on humans, first-aid
5    (including cardiopulmonary resuscitation), training in the
6    administration of opioid antagonists as defined in
7    paragraph (1) of subsection (e) of Section 5-23 of the
8    Substance Use Disorder Act, handling of juvenile
9    offenders, recognition of mental conditions and crises,
10    including, but not limited to, the disease of addiction,
11    which require immediate assistance and response and
12    methods to safeguard and provide assistance to a person in
13    need of mental treatment, recognition of abuse, neglect,
14    financial exploitation, and self-neglect of adults with
15    disabilities and older adults, as defined in Section 2 of
16    the Adult Protective Services Act, crimes against the
17    elderly, law of evidence, the hazards of high-speed police
18    vehicle chases with an emphasis on alternatives to the
19    high-speed chase, and physical training, and training
20    under Section 10.25. The curriculum shall include specific
21    training in techniques for immediate response to and
22    investigation of cases of domestic violence and of sexual
23    assault of adults and children, including cultural
24    perceptions and common myths of sexual assault and sexual
25    abuse as well as interview techniques that are age
26    sensitive and are trauma informed, victim centered, and

 

 

HB5368- 3 -LRB103 39260 AWJ 69412 b

1    victim sensitive. The curriculum shall include training in
2    techniques designed to promote effective communication at
3    the initial contact with crime victims and ways to
4    comprehensively explain to victims and witnesses their
5    rights under the Rights of Crime Victims and Witnesses Act
6    and the Crime Victims Compensation Act. The curriculum
7    shall also include training in effective recognition of
8    and responses to stress, trauma, and post-traumatic stress
9    experienced by law enforcement officers that is consistent
10    with Section 25 of the Illinois Mental Health First Aid
11    Training Act in a peer setting, including recognizing
12    signs and symptoms of work-related cumulative stress,
13    issues that may lead to suicide, and solutions for
14    intervention with peer support resources. The curriculum
15    shall include a block of instruction addressing the
16    mandatory reporting requirements under the Abused and
17    Neglected Child Reporting Act. The curriculum shall also
18    include a block of instruction aimed at identifying and
19    interacting with persons with autism and other
20    developmental or physical disabilities, reducing barriers
21    to reporting crimes against persons with autism, and
22    addressing the unique challenges presented by cases
23    involving victims or witnesses with autism and other
24    developmental disabilities. The curriculum shall include
25    training in the detection and investigation of all forms
26    of human trafficking. The curriculum shall also include

 

 

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1    instruction in trauma-informed responses designed to
2    ensure the physical safety and well-being of a child of an
3    arrested parent or immediate family member; this
4    instruction must include, but is not limited to: (1)
5    understanding the trauma experienced by the child while
6    maintaining the integrity of the arrest and safety of
7    officers, suspects, and other involved individuals; (2)
8    de-escalation tactics that would include the use of force
9    when reasonably necessary; and (3) inquiring whether a
10    child will require supervision and care. The curriculum
11    for probationary law enforcement officers shall include:
12    (1) at least 12 hours of hands-on, scenario-based
13    role-playing; (2) at least 6 hours of instruction on use
14    of force techniques, including the use of de-escalation
15    techniques to prevent or reduce the need for force
16    whenever safe and feasible; (3) specific training on
17    officer safety techniques, including cover, concealment,
18    and time; and (4) at least 6 hours of training focused on
19    high-risk traffic stops. The curriculum for permanent law
20    enforcement officers shall include, but not be limited to:
21    (1) refresher and in-service training in any of the
22    courses listed above in this subparagraph, (2) advanced
23    courses in any of the subjects listed above in this
24    subparagraph, (3) training for supervisory personnel, and
25    (4) specialized training in subjects and fields to be
26    selected by the board. The training in the use of

 

 

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1    electronic control devices shall be conducted for
2    probationary law enforcement officers, including
3    University police officers. The curriculum shall also
4    include training on the use of a firearms restraining
5    order by providing instruction on the process used to file
6    a firearms restraining order and how to identify
7    situations in which a firearms restraining order is
8    appropriate.
9        b. Minimum courses of study, attendance requirements
10    and equipment requirements.
11        c. Minimum requirements for instructors.
12        d. Minimum basic training requirements, which a
13    probationary law enforcement officer must satisfactorily
14    complete before being eligible for permanent employment as
15    a local law enforcement officer for a participating local
16    governmental or State governmental agency. Those
17    requirements shall include training in first aid
18    (including cardiopulmonary resuscitation).
19        e. Minimum basic training requirements, which a
20    probationary county corrections officer must
21    satisfactorily complete before being eligible for
22    permanent employment as a county corrections officer for a
23    participating local governmental agency.
24        f. Minimum basic training requirements which a
25    probationary court security officer must satisfactorily
26    complete before being eligible for permanent employment as

 

 

HB5368- 6 -LRB103 39260 AWJ 69412 b

1    a court security officer for a participating local
2    governmental agency. The Board shall establish those
3    training requirements which it considers appropriate for
4    court security officers and shall certify schools to
5    conduct that training.
6        A person hired to serve as a court security officer
7    must obtain from the Board a certificate (i) attesting to
8    the officer's successful completion of the training
9    course; (ii) attesting to the officer's satisfactory
10    completion of a training program of similar content and
11    number of hours that has been found acceptable by the
12    Board under the provisions of this Act; or (iii) attesting
13    to the Board's determination that the training course is
14    unnecessary because of the person's extensive prior law
15    enforcement experience.
16        Individuals who currently serve as court security
17    officers shall be deemed qualified to continue to serve in
18    that capacity so long as they are certified as provided by
19    this Act within 24 months of June 1, 1997 (the effective
20    date of Public Act 89-685). Failure to be so certified,
21    absent a waiver from the Board, shall cause the officer to
22    forfeit his or her position.
23        All individuals hired as court security officers on or
24    after June 1, 1997 (the effective date of Public Act
25    89-685) shall be certified within 12 months of the date of
26    their hire, unless a waiver has been obtained by the

 

 

HB5368- 7 -LRB103 39260 AWJ 69412 b

1    Board, or they shall forfeit their positions.
2        The Sheriff's Merit Commission, if one exists, or the
3    Sheriff's Office if there is no Sheriff's Merit
4    Commission, shall maintain a list of all individuals who
5    have filed applications to become court security officers
6    and who meet the eligibility requirements established
7    under this Act. Either the Sheriff's Merit Commission, or
8    the Sheriff's Office if no Sheriff's Merit Commission
9    exists, shall establish a schedule of reasonable intervals
10    for verification of the applicants' qualifications under
11    this Act and as established by the Board.
12        g. Minimum in-service training requirements, which a
13    law enforcement officer must satisfactorily complete every
14    3 years. Those requirements shall include constitutional
15    and proper use of law enforcement authority, procedural
16    justice, civil rights, human rights, reporting child abuse
17    and neglect, and cultural competency, including implicit
18    bias and racial and ethnic sensitivity. These trainings
19    shall consist of at least 30 hours of training every 3
20    years.
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.

 

 

HB5368- 8 -LRB103 39260 AWJ 69412 b

1        i. Minimum in-service training requirements as set
2    forth in Section 10.6.
3    Notwithstanding any provision of law to the contrary, the
4changes made to this Section by Public Act 101-652, Public Act
5102-28, and Public Act 102-694 take effect July 1, 2022.
6(Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
7102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
87-1-23; 103-154, eff. 6-30-23.)
 
9    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
10    Sec. 8.1. Full-time law enforcement and county corrections
11officers.
12    (a) No person shall receive a permanent appointment as a
13law enforcement officer or a permanent appointment as a county
14corrections officer unless that person has been awarded,
15within 6 months of the officer's initial full-time employment,
16a certificate attesting to the officer's successful completion
17of the Minimum Standards Basic Law Enforcement or County
18Correctional Training Course as prescribed by the Board; or
19has been awarded a certificate attesting to the officer's
20satisfactory completion of a training program of similar
21content and number of hours and which course has been found
22acceptable by the Board under the provisions of this Act; or a
23training waiver by reason of prior law enforcement or county
24corrections experience, obtained in Illinois, in any other
25state, or with an agency of the federal government, the basic

 

 

HB5368- 9 -LRB103 39260 AWJ 69412 b

1training requirement is determined by the Board to be
2illogical and unreasonable. Agencies seeking a reciprocity
3waiver for training completed outside of Illinois must conduct
4a thorough background check and provide verification of the
5officer's prior training. After review and satisfaction of all
6requested conditions, the officer shall be awarded an
7equivalency certificate satisfying the requirements of this
8Section. Within 60 days after the effective date of this
9amendatory Act of the 103rd General Assembly, the Board shall
10adopt uniform rules providing for a waiver process for a
11person previously employed and qualified as a law enforcement
12or county corrections officer under federal law or the laws of
13any other state, or who has completed a basic law enforcement
14officer or correctional officer academy who would be qualified
15to be employed as a law enforcement officer or correctional
16officer by the federal government or any other state. These
17rules shall address the process for evaluating prior training
18credit, a description and list of the courses typically
19required for reciprocity candidates to complete prior to
20taking the exam, and a procedure for employers seeking a
21pre-activation determination for a reciprocity training
22waiver. The rules shall provide that any eligible person
23previously trained as a law enforcement or county corrections
24officer under federal law or the laws of any other state shall
25successfully complete the following prior to the approval of a
26waiver:

 

 

HB5368- 10 -LRB103 39260 AWJ 69412 b

1        (1) a training program or set of coursework approved
2    by the Board on the laws of this State relevant to the
3    duties and training requirements of law enforcement and
4    county correctional officers;
5        (2) firearms training; and
6        (3) successful passage of the equivalency
7    certification examination; and .
8        (4) training under Section 10.25.
9    If such training is required and not completed within the
10applicable 6 months, then the officer must forfeit the
11officer's position, or the employing agency must obtain a
12waiver from the Board extending the period for compliance.
13Such waiver shall be issued only for good and justifiable
14reasons, and in no case shall extend more than 90 days beyond
15the initial 6 months. Any hiring agency that fails to train a
16law enforcement 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    An individual who is not certified by the Board or whose
23certified status is inactive shall not function as a law
24enforcement officer, be assigned the duties of a law
25enforcement officer by an employing agency, or be authorized
26to carry firearms under the authority of the employer, except

 

 

HB5368- 11 -LRB103 39260 AWJ 69412 b

1as otherwise authorized to carry a firearm under State or
2federal law. Sheriffs who are elected as of January 1, 2022
3(the effective date of Public Act 101-652) are exempt from the
4requirement of certified status. Failure to be certified in
5accordance with this Act shall cause the officer to forfeit
6the officer's position.
7    An employing agency may not grant a person status as a law
8enforcement officer unless the person has been granted an
9active law enforcement officer certification by the Board.
10    (b) Inactive status. A person who has an inactive law
11enforcement officer certification has no law enforcement
12authority.
13        (1) A law enforcement officer's certification becomes
14    inactive upon termination, resignation, retirement, or
15    separation from the officer's employing law enforcement
16    agency for any reason. The Board shall re-activate a
17    certification upon written application from the law
18    enforcement officer's law enforcement agency that shows
19    the law enforcement officer: (i) has accepted a full-time
20    law enforcement position with that law enforcement agency,
21    (ii) is not the subject of a decertification proceeding,
22    and (iii) meets all other criteria for re-activation
23    required by the Board. The Board may also establish
24    special training requirements to be completed as a
25    condition for re-activation.
26        The Board shall review a notice for reactivation from

 

 

HB5368- 12 -LRB103 39260 AWJ 69412 b

1    a law enforcement agency and provide a response within 30
2    days. The Board may extend this review. A law enforcement
3    officer shall be allowed to be employed as a full-time law
4    enforcement officer while the law enforcement officer
5    reactivation waiver is under review.
6        A law enforcement officer who is refused reactivation
7    or an employing agency of a law enforcement officer who is
8    refused reactivation under this Section may request a
9    hearing in accordance with the hearing procedures as
10    outlined in subsection (h) of Section 6.3 of this Act.
11        The Board may refuse to re-activate the certification
12    of a law enforcement officer who was involuntarily
13    terminated for good cause by an employing agency for
14    conduct subject to decertification under this Act or
15    resigned or retired after receiving notice of a law
16    enforcement agency's investigation.
17        (2) A law enforcement agency may place an officer who
18    is currently certified on inactive status by sending a
19    written request to the Board. A law enforcement officer
20    whose certificate has been placed on inactive status shall
21    not function as a law enforcement officer until the
22    officer has completed any requirements for reactivating
23    the certificate as required by the Board. A request for
24    inactive status in this subsection shall be in writing,
25    accompanied by verifying documentation, and shall be
26    submitted to the Board with a copy to the chief

 

 

HB5368- 13 -LRB103 39260 AWJ 69412 b

1    administrator of the law enforcement officer's current or
2    new employing agency.
3        (3) Certification that has become inactive under
4    paragraph (2) of this subsection (b) shall be reactivated
5    by written notice from the law enforcement officer's
6    agency upon a showing that the law enforcement officer:
7    (i) is employed in a full-time law enforcement position
8    with the same law enforcement agency, (ii) is not the
9    subject of a decertification proceeding, and (iii) meets
10    all other criteria for re-activation required by the
11    Board.
12        (4) Notwithstanding paragraph (3) of this subsection
13    (b), a law enforcement officer whose certification has
14    become inactive under paragraph (2) may have the officer's
15    employing agency submit a request for a waiver of training
16    requirements to the Board in writing and accompanied by
17    any verifying documentation. A grant of a waiver is within
18    the discretion of the Board. Within 7 days of receiving a
19    request for a waiver under this Section, the Board shall
20    notify the law enforcement officer and the chief
21    administrator of the law enforcement officer's employing
22    agency, whether the request has been granted, denied, or
23    if the Board will take additional time for information. A
24    law enforcement agency whose request for a waiver under
25    this subsection is denied is entitled to request a review
26    of the denial by the Board. The law enforcement agency

 

 

HB5368- 14 -LRB103 39260 AWJ 69412 b

1    must request a review within 20 days of the waiver being
2    denied. The burden of proof shall be on the law
3    enforcement agency to show why the law enforcement officer
4    is entitled to a waiver of the legislatively required
5    training and eligibility requirements.
6    (c) No provision of this Section shall be construed to
7mean that a county corrections officer employed by a
8governmental agency at the time of the effective date of this
9amendatory Act, either as a probationary county corrections
10officer or as a permanent county corrections officer, shall
11require certification under the provisions of this Section. No
12provision of this Section shall be construed to apply to
13certification of elected county sheriffs.
14    (d) Within 14 days, a law enforcement officer shall report
15to the Board: (1) any name change; (2) any change in
16employment; or (3) the filing of any criminal indictment or
17charges against the officer alleging that the officer
18committed any offense as enumerated in Section 6.1 of this
19Act.
20    (e) All law enforcement officers must report the
21completion of the training requirements required in this Act
22in compliance with Section 8.4 of this Act.
23    (e-1) Each employing law enforcement agency shall allow
24and provide an opportunity for a law enforcement officer to
25complete the mandated requirements in this Act. All mandated
26training shall be provided at no cost to the employees.

 

 

HB5368- 15 -LRB103 39260 AWJ 69412 b

1Employees shall be paid for all time spent attending mandated
2training.
3    (e-2) Each agency, academy, or training provider shall
4maintain proof of a law enforcement officer's completion of
5legislatively required training in a format designated by the
6Board. The report of training shall be submitted to the Board
7within 30 days following completion of the training. A copy of
8the report shall be submitted to the law enforcement officer.
9Upon receipt of a properly completed report of training, the
10Board will make the appropriate entry into the training
11records of the law enforcement officer.
12    (f) This Section does not apply to part-time law
13enforcement officers or probationary part-time law enforcement
14officers.
15    (g) Notwithstanding any provision of law to the contrary,
16the changes made to this Section by Public Act 101-652, Public
17Act 102-28, and Public Act 102-694 take effect July 1, 2022.
18(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
19103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
 
20    (50 ILCS 705/8.2)
21    Sec. 8.2. Part-time law enforcement officers.
22    (a) A person hired to serve as a part-time law enforcement
23officer must obtain from the Board a certificate (i) attesting
24to the officer's successful completion of the part-time police
25training course; (ii) attesting to the officer's satisfactory

 

 

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1completion of a training program of similar content and number
2of hours that has been found acceptable by the Board under the
3provisions of this Act; or (iii) a training waiver attesting
4to the Board's determination that the part-time police
5training course is unnecessary because of the person's prior
6law enforcement experience obtained in Illinois, in any other
7state, or with an agency of the federal government. A person
8hired on or after the effective date of this amendatory Act of
9the 92nd General Assembly must obtain this certificate within
1018 months after the initial date of hire as a probationary
11part-time law enforcement officer in the State of Illinois.
12The probationary part-time law enforcement officer must be
13enrolled and accepted into a Board-approved course within 6
14months after active employment by any department in the State.
15A person hired on or after January 1, 1996 and before the
16effective date of this amendatory Act of the 92nd General
17Assembly must obtain this certificate within 18 months after
18the date of hire. A person hired before January 1, 1996 must
19obtain this certificate within 24 months after the effective
20date of this amendatory Act of 1995. Agencies seeking a
21reciprocity waiver for training completed outside of Illinois
22must conduct a thorough background check and provide
23verification of the officer's prior training. After review and
24satisfaction of all requested conditions, the officer shall be
25awarded an equivalency certificate satisfying the requirements
26of this Section. Within 60 days after the effective date of

 

 

HB5368- 17 -LRB103 39260 AWJ 69412 b

1this amendatory Act of the 103rd General Assembly, the Board
2shall adopt uniform rules providing for a waiver process for a
3person previously employed and qualified as a law enforcement
4or county corrections officer under federal law or the laws of
5any other state, or who has completed a basic law enforcement
6officer or correctional officer academy who would be qualified
7to be employed as a law enforcement officer or correctional
8officer by the federal government or any other state. These
9rules shall address the process for evaluating prior training
10credit, a description and list of the courses typically
11required for reciprocity candidates to complete prior to
12taking the exam, and a procedure for employers seeking a
13pre-activation determination for a reciprocity training
14waiver. The rules shall provide that any eligible person
15previously trained as a law enforcement or county corrections
16officer under federal law or the laws of any other state shall
17successfully complete the following prior to the approval of a
18waiver:
19        (1) a training program or set of coursework approved
20    by the Board on the laws of this State relevant to the
21    duties and training requirements of law enforcement and
22    county correctional officers;
23        (2) firearms training; and
24        (3) successful passage of the equivalency
25    certification examination; and .
26        (4) training under Section 10.25.

 

 

HB5368- 18 -LRB103 39260 AWJ 69412 b

1    The employing agency may seek an extension waiver from the
2Board extending the period for compliance. An extension waiver
3shall be issued only for good and justifiable reasons, and the
4probationary part-time law enforcement officer may not
5practice as a part-time law enforcement officer during the
6extension waiver period. If training is required and not
7completed within the applicable time period, as extended by
8any waiver that may be granted, then the officer must forfeit
9the officer's position.
10    An individual who is not certified by the Board or whose
11certified status is inactive shall not function as a law
12enforcement officer, be assigned the duties of a law
13enforcement officer by an agency, or be authorized to carry
14firearms under the authority of the employer, except that
15sheriffs who are elected are exempt from the requirement of
16certified status. Failure to be in accordance with this Act
17shall cause the officer to forfeit the officer's position.
18    (a-5) A part-time probationary law enforcement officer
19shall be allowed to complete six months of a part-time police
20training course and function as a law enforcement officer as
21permitted by this subsection with a waiver from the Board,
22provided the part-time law enforcement officer is still
23enrolled in the training course. If the part-time probationary
24law enforcement officer withdraws from the course for any
25reason or does not complete the course within the applicable
26time period, as extended by any waiver that may be granted,

 

 

HB5368- 19 -LRB103 39260 AWJ 69412 b

1then the officer must forfeit the officer's position. A
2probationary law enforcement officer must function under the
3following rules:
4        (1) A law enforcement agency may not grant a person
5    status as a law enforcement officer unless the person has
6    been granted an active law enforcement officer
7    certification by the Board.
8        (2) A part-time probationary law enforcement officer
9    shall not be used as a permanent replacement for a
10    full-time law enforcement.
11        (3) A part-time probationary law enforcement officer
12    shall be directly supervised at all times by a Board
13    certified law enforcement officer. Direct supervision
14    requires oversight and control with the supervisor having
15    final decision-making authority as to the actions of the
16    recruit during duty hours.
17    (b) Inactive status. A person who has an inactive law
18enforcement officer certification has no law enforcement
19authority.
20        (1) A law enforcement officer's certification becomes
21    inactive upon termination, resignation, retirement, or
22    separation from the employing agency for any reason. The
23    Board shall re-activate a certification upon written
24    application from the law enforcement officer's employing
25    agency that shows the law enforcement officer: (i) has
26    accepted a part-time law enforcement position with that a

 

 

HB5368- 20 -LRB103 39260 AWJ 69412 b

1    law enforcement agency, (ii) is not the subject of a
2    decertification proceeding, and (iii) meets all other
3    criteria for re-activation required by the Board.
4        The Board may refuse to re-activate the certification
5    of a law enforcement officer who was involuntarily
6    terminated for good cause by the officer's employing
7    agency for conduct subject to decertification under this
8    Act or resigned or retired after receiving notice of a law
9    enforcement agency's investigation.
10        (2) A law enforcement agency may place an officer who
11    is currently certified on inactive status by sending a
12    written request to the Board. A law enforcement officer
13    whose certificate has been placed on inactive status shall
14    not function as a law enforcement officer until the
15    officer has completed any requirements for reactivating
16    the certificate as required by the Board. A request for
17    inactive status in this subsection shall be in writing,
18    accompanied by verifying documentation, and shall be
19    submitted to the Board by the law enforcement officer's
20    employing agency.
21        (3) Certification that has become inactive under
22    paragraph (2) of this subsection (b), shall be reactivated
23    by written notice from the law enforcement officer's law
24    enforcement agency upon a showing that the law enforcement
25    officer is: (i) employed in a part-time law enforcement
26    position with the same law enforcement agency, (ii) not

 

 

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1    the subject of a decertification proceeding, and (iii)
2    meets all other criteria for re-activation required by the
3    Board. The Board may also establish special training
4    requirements to be completed as a condition for
5    re-activation.
6        The Board shall review a notice for reactivation from
7    a law enforcement agency and provide a response within 30
8    days. The Board may extend this review. A law enforcement
9    officer shall be allowed to be employed as a part-time law
10    enforcement officer while the law enforcement officer
11    reactivation waiver is under review.
12        A law enforcement officer who is refused reactivation
13    or an employing agency of a law enforcement officer who is
14    refused reactivation under this Section may request a
15    hearing in accordance with the hearing procedures as
16    outlined in subsection (h) of Section 6.3 of this Act.
17        (4) Notwithstanding paragraph (3) of this Section, a
18    law enforcement officer whose certification has become
19    inactive under paragraph (2) may have the officer's
20    employing agency submit a request for a waiver of training
21    requirements to the Board in writing and accompanied by
22    any verifying documentation. A grant of a waiver is within
23    the discretion of the Board. Within 7 days of receiving a
24    request for a waiver under this section, the Board shall
25    notify the law enforcement officer and the chief
26    administrator of the law enforcement officer's employing

 

 

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1    agency, whether the request has been granted, denied, or
2    if the Board will take additional time for information. A
3    law enforcement agency or law enforcement officer, whose
4    request for a waiver under this subsection is denied, is
5    entitled to request a review of the denial by the Board.
6    The law enforcement agency must request a review within 20
7    days after the waiver being denied. The burden of proof
8    shall be on the law enforcement agency to show why the law
9    enforcement officer is entitled to a waiver of the
10    legislatively required training and eligibility
11    requirements.
12    (c) The part-time police training course referred to in
13this Section shall be of similar content and the same number of
14hours as the courses for full-time officers and shall be
15provided by Mobile Team In-Service Training Units under the
16Intergovernmental Law Enforcement Officer's In-Service
17Training Act or by another approved program or facility in a
18manner prescribed by the Board.
19    (d) Within 14 days, a law enforcement officer shall report
20to the Board: (1) any name change; (2) any change in
21employment; or (3) the filing of any criminal indictment or
22charges against the officer alleging that the officer
23committed any offense as enumerated in Section 6.1 of this
24Act.
25    (e) All law enforcement officers must report the
26completion of the training requirements required in this Act

 

 

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1in compliance with Section 8.4 of this Act.
2    (e-1) Each employing agency shall allow and provide an
3opportunity for a law enforcement officer to complete the
4requirements in this Act. All mandated training shall be
5provided for at no cost to the employees. Employees shall be
6paid for all time spent attending mandated training.
7    (e-2) Each agency, academy, or training provider shall
8maintain proof of a law enforcement officer's completion of
9legislatively required training in a format designated by the
10Board. The report of training shall be submitted to the Board
11within 30 days following completion of the training. A copy of
12the report shall be submitted to the law enforcement officer.
13Upon receipt of a properly completed report of training, the
14Board will make the appropriate entry into the training
15records of the law enforcement officer.
16    (f) For the purposes of this Section, the Board shall
17adopt rules defining what constitutes employment on a
18part-time basis.
19    (g) Notwithstanding any provision of law to the contrary,
20the changes made to this Section by this amendatory Act of the
21102nd General Assembly and Public Act 101-652 take effect July
221, 2022.
23(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
 
24    (50 ILCS 705/10.25 new)
25    Sec. 10.25. Training; crimes motivated by bias.

 

 

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1    (a) The Board must approve at least one training course to
2assist law enforcement officers in identifying, responding to,
3and reporting crimes committed in whole or in substantial part
4because of the victim's or another's actual or perceived race,
5color, ethnicity, religion, sex, gender, sexual orientation,
6gender identity, gender expression, age, national origin, or
7disability, or because of the victim's actual or perceived
8association with another person or group of a certain actual
9or perceived race, color, ethnicity, religion, sex, gender,
10sexual orientation, gender identity, gender expression, age,
11national origin, or disability.
12    Each course must include material to help officers
13distinguish bias crimes from other crimes, to help officers in
14understanding and assisting victims of these crimes, and to
15ensure that bias crimes will be accurately reported. The Board
16must review the approved course or courses every 3 years and
17update the approved courses.
18    In updating the approved training courses described in
19this subsection, the Board must consult and may incorporate
20input from the Commission on Discrimination and Hate Crimes.
21    (b) The Board must provide to the chief law enforcement
22officer of each law enforcement agency instructional materials
23patterned after the materials developed by the board under
24subsection (a). These materials must meet Board requirements
25for in-service training credit and be updated periodically as
26the Board considers appropriate. The Board must also seek

 

 

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1funding for an educational conference to inform and sensitize
2chief law enforcement officers and other interested persons to
3the law enforcement issues associated with bias crimes. If
4funding is obtained, the Board may sponsor the educational
5conference on its own or with other public or private
6entities.
7    A chief law enforcement officer must inform all law
8enforcement officers within the law enforcement agency of the
9availability of the instructional materials provided by the
10board under this subsection and the availability of in-service
11training credit for the completion of these materials. The
12chief law enforcement officer must also encourage the law
13enforcement officers to complete the in-service training.