SB1754ham001 103RD GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 4/24/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1754

2    AMENDMENT NO. ______. Amend Senate Bill 1754 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; Illinois Law
8Enforcement Training Standards Board. To provide for the
9expeditious and timely implementation of the changes made in
10Sections 8.1 and 8.2 of the Illinois Police Training Act,
11emergency rules implementing the waiver process under Sections
128.1 and 8.2 of the Illinois Police Training Act may be adopted
13in accordance with Section 5-45 by the Illinois Law
14Enforcement Training Standards Board. The adoption of
15emergency rules authorized by Section 5-45 and this Section is
16deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    This Section is repealed one year after the effective date
3of this amendatory Act of the 103rd General Assembly.
 
4    Section 10. The Illinois Police Training Act is amended by
5changing Sections 8.1 and 8.2 as follows:
 
6    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
7    Sec. 8.1. Full-time law enforcement and county corrections
8officers.
9    (a) No person shall receive a permanent appointment as a
10law enforcement officer or a permanent appointment as a county
11corrections officer unless that person has been awarded,
12within 6 months of the officer's initial full-time employment,
13a certificate attesting to the officer's successful completion
14of the Minimum Standards Basic Law Enforcement or County
15Correctional Training Course as prescribed by the Board; or
16has been awarded a certificate attesting to the officer's
17satisfactory completion of a training program of similar
18content and number of hours and which course has been found
19acceptable by the Board under the provisions of this Act; or a
20training waiver by reason of extensive prior law enforcement
21or county corrections experience the basic training
22requirement is determined by the Board to be illogical and
23unreasonable. Individuals who have completed a basic law
24enforcement or correctional officer academy and obtained

 

 

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1certification in another state, or with an approved agency of
2the federal government, may qualify for a waiver of this
3training requirement and may be eligible for equivalency
4certification in accordance with the eligibility requirements
5prescribed in the Board's administrative rules. Within 90 days
6after the effective date of this amendatory Act of the 103rd
7General Assembly, the Board shall adopt uniform rules for a
8reciprocity training waiver and certification process.
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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1training shall will be provided for at no cost to the
2employees. Employees shall be paid for all time spent
3attending mandated training.
4    (e-2) Each agency, academy, or training provider shall
5maintain proof of a law enforcement officer's completion of
6legislatively required training in a format designated by the
7Board. The report of training shall be submitted to the Board
8within 30 days following completion of the training. A copy of
9the report shall be submitted to the law enforcement officer.
10Upon receipt of a properly completed report of training, the
11Board will make the appropriate entry into the training
12records of the law enforcement officer.
13    (f) This Section does not apply to part-time law
14enforcement officers or probationary part-time law enforcement
15officers.
16    (g) Notwithstanding any provision of law to the contrary,
17the changes made to this Section by this amendatory Act of the
18102nd General Assembly, Public Act 101-652, and Public Act
19102-28, and Public Act 102-694 take effect July 1, 2022.
20(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
21102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
 
22    (50 ILCS 705/8.2)
23    Sec. 8.2. Part-time law enforcement officers.
24    (a) A person hired to serve as a part-time law enforcement
25officer must obtain from the Board a certificate (i) attesting

 

 

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1to the officer's successful completion of the part-time police
2training course; (ii) attesting to the officer's satisfactory
3completion of a training program of similar content and number
4of hours that has been found acceptable by the Board under the
5provisions of this Act; or (iii) a training waiver attesting
6to the Board's determination that the part-time police
7training course is unnecessary because of the person's
8extensive prior law enforcement experience. A person hired on
9or after the effective date of this amendatory Act of the 92nd
10General Assembly must obtain this certificate within 18 months
11after the initial date of hire as a probationary part-time law
12enforcement officer in the State of Illinois. The probationary
13part-time law enforcement officer must be enrolled and
14accepted into a Board-approved course within 6 months after
15active employment by any department in the State. A person
16hired on or after January 1, 1996 and before the effective date
17of this amendatory Act of the 92nd General Assembly must
18obtain this certificate within 18 months after the date of
19hire. A person hired before January 1, 1996 must obtain this
20certificate within 24 months after the effective date of this
21amendatory Act of 1995. Individuals who have completed a basic
22law enforcement or correctional officer academy and obtained
23certification in another state, or with an approved agency of
24the federal government, may qualify for a waiver of this
25training requirement and may be eligible for equivalency
26certification in accordance with the eligibility requirements

 

 

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1prescribed in the Board's administrative rules. Within 90 days
2after the effective date of this amendatory Act of the 103rd
3General Assembly, the Board shall adopt uniform rules for a
4reciprocity training waiver and certification process.
5    The employing agency may seek an extension waiver from the
6Board extending the period for compliance. An extension waiver
7shall be issued only for good and justifiable reasons, and the
8probationary part-time law enforcement officer may not
9practice as a part-time law enforcement officer during the
10extension waiver period. If training is required and not
11completed within the applicable time period, as extended by
12any waiver that may be granted, then the officer must forfeit
13the officer's position.
14    An individual who is not certified by the Board or whose
15certified status is inactive shall not function as a law
16enforcement officer, be assigned the duties of a law
17enforcement officer by an agency, or be authorized to carry
18firearms under the authority of the employer, except that
19sheriffs who are elected are exempt from the requirement of
20certified status. Failure to be in accordance with this Act
21shall cause the officer to forfeit the officer's position.
22    (a-5) A part-time probationary law enforcement officer
23shall be allowed to complete six months of a part-time police
24training course and function as a law enforcement officer as
25permitted by this subsection with a waiver from the Board,
26provided the part-time law enforcement officer is still

 

 

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

 

 

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

 

 

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1    by written notice from the law enforcement officer's law
2    enforcement agency upon a showing that the law enforcement
3    officer is: (i) employed in a part-time law enforcement
4    position with the same law enforcement agency, (ii) not
5    the subject of a decertification proceeding, and (iii)
6    meets all other criteria for re-activation required by the
7    Board. The Board may also establish special training
8    requirements to be completed as a condition for
9    re-activation.
10        The Board shall review a notice for reactivation from
11    a law enforcement agency and provide a response within 30
12    days. The Board may extend this review. A law enforcement
13    officer shall be allowed to be employed as a part-time law
14    enforcement officer while the law enforcement officer
15    reactivation waiver is under review.
16        A law enforcement officer who is refused reactivation
17    or an employing agency of a law enforcement officer who is
18    refused reactivation under this Section may request a
19    hearing in accordance with the hearing procedures as
20    outlined in subsection (h) of Section 6.3 of this Act.
21        (4) Notwithstanding paragraph (3) of this Section, a
22    law enforcement officer whose certification has become
23    inactive under paragraph (2) may have the officer's
24    employing agency submit a request for a waiver of training
25    requirements to the Board in writing and accompanied by
26    any verifying documentation. A grant of a waiver is within

 

 

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

 

 

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1committed any offense as enumerated in Section 6.1 of this
2Act.
3    (e) All law enforcement officers must report the
4completion of the training requirements required in this Act
5in compliance with Section 8.4 of this Act.
6    (e-1) Each employing agency shall allow and provide an
7opportunity for a law enforcement officer to complete the
8requirements in this Act. All mandated training shall be
9provided for at no cost to the employees. Employees shall be
10paid for all time spent attending mandated training.
11    (e-2) Each agency, academy, or training provider shall
12maintain proof of a law enforcement officer's completion of
13legislatively required training in a format designated by the
14Board. The report of training shall be submitted to the Board
15within 30 days following completion of the training. A copy of
16the report shall be submitted to the law enforcement officer.
17Upon receipt of a properly completed report of training, the
18Board will make the appropriate entry into the training
19records of the law enforcement officer.
20    (f) For the purposes of this Section, the Board shall
21adopt rules defining what constitutes employment on a
22part-time basis.
23    (g) Notwithstanding any provision of law to the contrary,
24the changes made to this Section by this amendatory Act of the
25102nd General Assembly and Public Act 101-652 take effect July
261, 2022.

 

 

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1(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)".