Full Text of HB1675 103rd General Assembly
HB1675ham001 103RD GENERAL ASSEMBLY | Rep. John M. Cabello Filed: 3/7/2024 | | 10300HB1675ham001 | | LRB103 27879 AWJ 69969 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1675
| 2 | | AMENDMENT NO. ______. Amend House Bill 1675 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois State Police Act is amended by | 5 | | adding Section 12.8 as follows: | 6 | | (20 ILCS 2610/12.8 new) | 7 | | Sec. 12.8. Retaliation against a State Police officer. A | 8 | | member of the Illinois State Police may not discipline or | 9 | | retaliate in any way against a State Police officer for | 10 | | exercising the officer's duty to intervene, as that term is | 11 | | defined in Section 12.7, for reporting unconstitutional or | 12 | | unlawful conduct, or for failing to follow what the officer | 13 | | reasonably believes is an unconstitutional or unlawful | 14 | | directive or is a directive against Illinois State Police | 15 | | policies. |
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| 1 | | Section 10. The Illinois Police Training Act is amended by | 2 | | changing Section 6 as follows: | 3 | | (50 ILCS 705/6) (from Ch. 85, par. 506) | 4 | | Sec. 6. Powers and duties of the Board; selection and | 5 | | certification of schools. The Board shall select and certify | 6 | | schools within the State of Illinois for the purpose of | 7 | | providing basic training for probationary law enforcement | 8 | | officers, probationary county corrections officers, and court | 9 | | security officers and of providing advanced or in-service | 10 | | training for permanent law enforcement officers or permanent | 11 | | county corrections officers, which schools may be either | 12 | | publicly or privately owned and operated. In addition, the | 13 | | Board has the following power and duties: | 14 | | a. To require law enforcement agencies to furnish such | 15 | | reports and information as the Board deems necessary to | 16 | | fully implement this Act. | 17 | | b. To establish appropriate mandatory minimum | 18 | | standards relating to the training of probationary local | 19 | | law enforcement officers or probationary county | 20 | | corrections officers, and in-service training of permanent | 21 | | law enforcement officers. | 22 | | c. To provide appropriate certification to those | 23 | | probationary officers who successfully complete the | 24 | | prescribed minimum standard basic training course. | 25 | | d. To review and approve annual training curriculum |
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| 1 | | for county sheriffs. | 2 | | e. To review and approve applicants to ensure that no | 3 | | applicant is admitted to a certified academy unless the | 4 | | applicant is a person of good character and has not been | 5 | | convicted of, found guilty of, entered a plea of guilty | 6 | | to, or entered a plea of nolo contendere to a felony | 7 | | offense, any of the misdemeanors in Sections 11-1.50, | 8 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | 9 | | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, | 10 | | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | 11 | | violation of any Section of Part E of Title III of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 13 | | subsection (a) of Section 17-32 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | 15 | | the Cannabis Control Act, or a crime involving moral | 16 | | turpitude under the laws of this State or any other state | 17 | | which if committed in this State would be punishable as a | 18 | | felony or a crime of moral turpitude, or any felony or | 19 | | misdemeanor in violation of federal law or the law of any | 20 | | state that is the equivalent of any of the offenses | 21 | | specified therein. The Board may appoint investigators who | 22 | | shall enforce the duties conferred upon the Board by this | 23 | | Act. | 24 | | For purposes of this paragraph e, a person is | 25 | | considered to have been convicted of, found guilty of, or | 26 | | entered a plea of guilty to, plea of nolo contendere to |
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| 1 | | regardless of whether the adjudication of guilt or | 2 | | sentence is withheld or not entered thereon. This includes | 3 | | sentences of supervision, conditional discharge, or first | 4 | | offender probation, or any similar disposition provided | 5 | | for by law. | 6 | | f. To establish statewide standards for minimum | 7 | | standards regarding regular mental health screenings for | 8 | | probationary and permanent police officers, ensuring that | 9 | | counseling sessions and screenings remain confidential. | 10 | | g. To review and ensure all law enforcement officers | 11 | | remain in compliance with this Act, and any administrative | 12 | | rules adopted under this Act. | 13 | | h. To suspend any certificate for a definite period, | 14 | | limit or restrict any certificate, or revoke any | 15 | | certificate. | 16 | | i. The Board and the Panel shall have power to secure | 17 | | by its subpoena and bring before it any person or entity in | 18 | | this State and to take testimony either orally or by | 19 | | deposition or both with the same fees and mileage and in | 20 | | the same manner as prescribed by law in judicial | 21 | | proceedings in civil cases in circuit courts of this | 22 | | State. The Board and the Panel shall also have the power to | 23 | | subpoena the production of documents, papers, files, | 24 | | books, documents, and records, whether in physical or | 25 | | electronic form, in support of the charges and for | 26 | | defense, and in connection with a hearing or |
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| 1 | | investigation. | 2 | | j. The Executive Director, the administrative law | 3 | | judge designated by the Executive Director, and each | 4 | | member of the Board and the Panel shall have the power to | 5 | | administer oaths to witnesses at any hearing that the | 6 | | Board is authorized to conduct under this Act and any | 7 | | other oaths required or authorized to be administered by | 8 | | the Board under this Act. | 9 | | k. In case of the neglect or refusal of any person to | 10 | | obey a subpoena issued by the Board and the Panel, any | 11 | | circuit court, upon application of the Board and the | 12 | | Panel, through the Illinois Attorney General, may order | 13 | | such person to appear before the Board and the Panel give | 14 | | testimony or produce evidence, and any failure to obey | 15 | | such order is punishable by the court as a contempt | 16 | | thereof. This order may be served by personal delivery, by | 17 | | email, or by mail to the address of record or email address | 18 | | of record. | 19 | | l. The Board shall have the power to administer state | 20 | | certification examinations. Any and all records related to | 21 | | these examinations, including, but not limited to, test | 22 | | questions, test formats, digital files, answer responses, | 23 | | answer keys, and scoring information shall be exempt from | 24 | | disclosure. | 25 | | m. To make grants, subject to appropriation, to units | 26 | | of local government and public institutions of higher |
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| 1 | | education for the purposes of hiring and retaining law | 2 | | enforcement officers. | 3 | | n. To make grants, subject to appropriation, to local | 4 | | law enforcement agencies for costs associated with the | 5 | | expansion and support of National Integrated Ballistic | 6 | | Information Network (NIBIN) and other ballistic technology | 7 | | equipment for ballistic testing. | 8 | | o. To make rules that must be followed by each law | 9 | | enforcement agency prohibiting a member of a law | 10 | | enforcement agency from disciplining or retaliating in any | 11 | | way against a law enforcement officer for exercising the | 12 | | officer's duty to intervene, as that term is defined in | 13 | | Section 6.3, for reporting unconstitutional or unlawful | 14 | | conduct, or for failing to follow what the officer | 15 | | reasonably believes is an unconstitutional or unlawful | 16 | | directive or is a directive against the law enforcement | 17 | | agency's policies. | 18 | | (Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; | 19 | | 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)". |
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