Full Text of SB1754 103rd General Assembly
SB1754ham002 103RD GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 5/9/2023
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| 1 | | AMENDMENT TO SENATE BILL 1754
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1754 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended 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
| 8 | | Enforcement Training Standards Board. To provide for the
| 9 | | expeditious and timely implementation of the changes made in
| 10 | | Sections 8.1 and 8.2 of the Illinois Police Training Act, | 11 | | emergency
rules implementing the waiver process under Sections | 12 | | 8.1 and 8.2 of the
Illinois Police Training Act may be adopted | 13 | | in accordance with
Section 5-45 by the Illinois Law | 14 | | Enforcement Training
Standards Board. The adoption of | 15 | | emergency rules authorized by
Section 5-45 and this Section is | 16 | | deemed to be necessary for the
public interest, safety, and |
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| 1 | | welfare. | 2 | | This Section is repealed one year after the effective date | 3 | | of this amendatory Act of the 103rd General Assembly. | 4 | | Section 10. The Illinois Police Training Act is amended by | 5 | | changing 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 | 8 | | officers.
| 9 | | (a) No person shall receive a permanent
appointment as a | 10 | | law enforcement officer or a permanent appointment as a county | 11 | | corrections officer
unless that person has been awarded, | 12 | | within 6 months of the officer's
initial full-time employment, | 13 | | a certificate attesting to the officer's
successful completion | 14 | | of the Minimum Standards Basic Law Enforcement or County
| 15 | | Correctional Training Course as prescribed by the Board; or | 16 | | has been awarded a
certificate attesting to the officer's | 17 | | satisfactory completion of a training program of
similar | 18 | | content and number of hours and which course has been found | 19 | | acceptable
by the Board under the provisions of this Act; or a | 20 | | training waiver by reason of extensive prior
law enforcement | 21 | | or county corrections experience , obtained in Illinois, in any | 22 | | other state, or with an agency of the federal government, the | 23 | | basic training requirement
is determined by the Board to be | 24 | | illogical and unreasonable. Agencies seeking a reciprocity |
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| 1 | | waiver for training completed outside of Illinois must conduct | 2 | | a thorough background check and provide verification of the | 3 | | officer's prior training. After review and satisfaction of all | 4 | | requested conditions, the officer shall be awarded an | 5 | | equivalency certificate satisfying the requirements of this | 6 | | Section. Within 60 days after the effective date of this | 7 | | amendatory Act of the 103rd General Assembly, the Board shall | 8 | | adopt uniform rules providing for a waiver process for a | 9 | | person previously employed and qualified as a law enforcement | 10 | | or county corrections officer under federal law or the laws of | 11 | | any other state, or who has completed a basic law enforcement | 12 | | officer or correctional officer academy who would be qualified | 13 | | to be employed as a law enforcement officer or correctional | 14 | | officer by the federal government or any other state. These | 15 | | rules shall address the process for evaluating prior training | 16 | | credit, a description and list of the courses typically | 17 | | required for reciprocity candidates to complete prior to | 18 | | taking the exam, and a procedure for employers seeking a | 19 | | pre-activation determination for a reciprocity training | 20 | | waiver. The rules shall provide that any eligible person | 21 | | previously trained as a law enforcement or county corrections | 22 | | officer under federal law or the laws of any other state shall | 23 | | successfully complete the following prior to the approval of a | 24 | | waiver: | 25 | | (1) a training program or set of coursework approved | 26 | | by the Board on the laws of this State relevant to the |
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| 1 | | duties and training requirements of law enforcement and | 2 | | county correctional officers; | 3 | | (2) firearms training; and | 4 | | (3) successful passage of the equivalency | 5 | | certification examination.
| 6 | | If such training is required and not completed within the | 7 | | applicable 6
months, then the officer must forfeit the | 8 | | officer's position, or the employing agency
must obtain a | 9 | | waiver from the Board extending the period for
compliance. | 10 | | Such waiver shall be issued only for good and justifiable
| 11 | | reasons, and in no case shall extend more than 90 days beyond | 12 | | the
initial 6 months. Any hiring agency that fails to train a | 13 | | law enforcement officer within this period shall be prohibited | 14 | | from employing this individual in a law enforcement capacity | 15 | | for one year from the date training was to be completed. If an | 16 | | agency again fails to train the individual a second time, the | 17 | | agency shall be permanently barred from employing this | 18 | | individual in a law enforcement capacity.
| 19 | | An individual who is not certified by the Board or whose | 20 | | certified status is inactive shall not function as a law | 21 | | enforcement officer, be assigned the duties of a law | 22 | | enforcement officer by an employing agency, or be authorized | 23 | | to carry firearms under the authority of the employer, except | 24 | | as otherwise authorized to carry a firearm under State or | 25 | | federal law. Sheriffs who are elected as of January 1, 2022 | 26 | | ( the effective date of Public Act 101-652) this amendatory Act |
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| 1 | | of the 101st General Assembly, are exempt from the requirement | 2 | | of certified status. Failure to be certified in accordance | 3 | | with this Act shall cause the officer to forfeit the officer's | 4 | | position. | 5 | | An employing agency may not grant a person status as a law | 6 | | enforcement officer unless the person has been granted an | 7 | | active law enforcement officer certification by the Board. | 8 | | (b) Inactive status. A person who has an inactive law | 9 | | enforcement officer certification has no law enforcement | 10 | | authority. | 11 | | (1) A law enforcement officer's certification becomes | 12 | | inactive upon termination, resignation, retirement, or | 13 | | separation from the officer's employing law enforcement | 14 | | agency for any reason. The Board shall re-activate a | 15 | | certification upon written application from the law | 16 | | enforcement officer's law enforcement agency that shows | 17 | | the law enforcement officer: (i) has accepted a full-time | 18 | | law enforcement position with that law enforcement agency, | 19 | | (ii) is not the subject of a decertification proceeding, | 20 | | and (iii) meets all other criteria for re-activation | 21 | | required by the Board. The Board may also establish | 22 | | special training requirements to be completed as a | 23 | | condition for re-activation. | 24 | | The Board shall review a notice for reactivation from | 25 | | a law enforcement agency and provide a response within 30 | 26 | | days. The Board may extend this review. A law enforcement |
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| 1 | | officer shall be allowed to be employed as a full-time law | 2 | | enforcement officer while the law enforcement officer | 3 | | reactivation waiver is under review. | 4 | | A law enforcement officer who is refused reactivation | 5 | | or an employing agency of a law enforcement officer who is | 6 | | refused reactivation under this Section may request a | 7 | | hearing in accordance with the hearing procedures as | 8 | | outlined in subsection (h) of Section 6.3 of this Act. | 9 | | The Board may refuse to re-activate the certification | 10 | | of a law enforcement officer who was involuntarily | 11 | | terminated for good cause by an employing agency for | 12 | | conduct subject to decertification under this Act or | 13 | | resigned or retired after receiving notice of a law | 14 | | enforcement agency's investigation. | 15 | | (2) A law enforcement agency may place an officer who | 16 | | is currently certified on inactive status by sending a | 17 | | written request to the Board. A law enforcement officer | 18 | | whose certificate has been placed on inactive status shall | 19 | | not function as a law enforcement officer until the | 20 | | officer has completed any requirements for reactivating | 21 | | the certificate as required by the Board. A request for | 22 | | inactive status in this subsection shall be in writing, | 23 | | accompanied by verifying documentation, and shall be | 24 | | submitted to the Board with a copy to the chief | 25 | | administrator of the law enforcement officer's current or | 26 | | new employing agency. |
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| 1 | | (3) Certification that has become inactive under | 2 | | paragraph (2) of this subsection (b) , shall be reactivated | 3 | | by written notice from the law enforcement officer's | 4 | | agency upon a showing that the law enforcement officer is : | 5 | | (i) is employed in a full-time law enforcement position | 6 | | with the same law enforcement agency , (ii) is not the | 7 | | subject of a decertification proceeding, and (iii) meets | 8 | | all other criteria for re-activation required by the | 9 | | Board. | 10 | | (4) Notwithstanding paragraph (3) of this subsection | 11 | | (b), a law enforcement officer whose certification has | 12 | | become inactive under paragraph (2) may have the officer's | 13 | | employing agency submit a request for a waiver of training | 14 | | requirements to the Board in writing and accompanied by | 15 | | any verifying documentation . . A grant of a waiver is | 16 | | within the discretion of the Board. Within 7 days of | 17 | | receiving a request for a waiver under this Section | 18 | | section , the Board shall notify the law enforcement | 19 | | officer and the chief administrator of the law enforcement | 20 | | officer's employing agency, whether the request has been | 21 | | granted, denied, or if the Board will take additional time | 22 | | for information. A law enforcement agency , whose request | 23 | | for a waiver under this subsection is denied , is entitled | 24 | | to request a review of the denial by the Board. The law | 25 | | enforcement agency must request a review within 20 days of | 26 | | the waiver being denied. The burden of proof shall be on |
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| 1 | | the law enforcement agency to show why the law enforcement | 2 | | officer is entitled to a waiver of the legislatively | 3 | | required training and eligibility requirements. | 4 | | (c) No provision
of this Section shall be construed to | 5 | | mean that a county corrections
officer employed by a | 6 | | governmental agency at the time of the
effective date of this | 7 | | amendatory Act, either as a probationary
county corrections | 8 | | officer or as a permanent county corrections officer, shall
| 9 | | require certification under the provisions of this Section. No | 10 | | provision of
this Section shall be construed to apply to | 11 | | certification of elected county
sheriffs.
| 12 | | (d) Within 14 days, a law enforcement officer shall report | 13 | | to the Board: (1) any name change; (2) any change in | 14 | | employment; or (3) the filing of any criminal indictment or | 15 | | charges against the officer alleging that the officer | 16 | | committed any offense as enumerated in Section 6.1 of this | 17 | | Act. | 18 | | (e) All law enforcement officers must report the | 19 | | completion of the training requirements required in this Act | 20 | | in compliance with Section 8.4 of this Act. | 21 | | (e-1) Each employing law enforcement agency shall allow | 22 | | and provide an opportunity for a law enforcement officer to | 23 | | complete the mandated requirements in this Act. All mandated | 24 | | training shall will be provided for at no cost to the | 25 | | employees. Employees shall be paid for all time spent | 26 | | attending mandated training. |
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| 1 | | (e-2) Each agency, academy, or training provider shall | 2 | | maintain proof of a law enforcement officer's completion of | 3 | | legislatively required training in a format designated by the | 4 | | Board. The report of training shall be submitted to the Board | 5 | | within 30 days following completion of the training. A copy of | 6 | | the report shall be submitted to the law enforcement officer. | 7 | | Upon receipt of a properly completed report of training, the | 8 | | Board will make the appropriate entry into the training | 9 | | records of the law enforcement officer. | 10 | | (f) This Section does not apply to part-time law | 11 | | enforcement officers or
probationary part-time law enforcement | 12 | | officers.
| 13 | | (g) Notwithstanding any provision of law to the contrary, | 14 | | the changes made to this Section by this amendatory Act of the | 15 | | 102nd General Assembly, Public Act 101-652, and Public Act | 16 | | 102-28 , and Public Act 102-694 take effect July 1, 2022. | 17 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | 18 | | 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
| 19 | | (50 ILCS 705/8.2)
| 20 | | Sec. 8.2. Part-time law enforcement officers.
| 21 | | (a) A person hired to serve as a part-time law enforcement
| 22 | | officer must obtain from the Board a certificate (i) attesting | 23 | | to the officer's successful completion of the part-time police | 24 | | training course; (ii)
attesting to the officer's satisfactory | 25 | | completion of a training program of
similar content and number |
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| 1 | | of hours that has been found acceptable by the
Board under the | 2 | | provisions of this Act; or (iii) a training waiver attesting | 3 | | to the Board's
determination that the part-time police | 4 | | training course is unnecessary because
of the person's | 5 | | extensive prior law enforcement experience obtained in | 6 | | Illinois, in any other state, or with an agency of the federal | 7 | | government .
A person hired on or after the effective date of | 8 | | this amendatory Act of the
92nd General Assembly must obtain | 9 | | this certificate within 18 months after the
initial date of | 10 | | hire as a probationary part-time law enforcement officer in | 11 | | the State of
Illinois. The probationary part-time law | 12 | | enforcement officer must be enrolled and
accepted into a | 13 | | Board-approved course within 6 months after active employment
| 14 | | by any department in the State.
A person hired
on or after | 15 | | January 1, 1996 and before the effective date of this | 16 | | amendatory
Act of the 92nd General Assembly must obtain this | 17 | | certificate within 18
months
after the date of hire. A person | 18 | | hired before
January 1, 1996 must obtain this certificate | 19 | | within 24 months after the
effective date of this amendatory | 20 | | Act of 1995. Agencies seeking a reciprocity waiver for | 21 | | training completed outside of Illinois must conduct a thorough | 22 | | background check and provide verification of the officer's | 23 | | prior training. After review and satisfaction of all requested | 24 | | conditions, the officer shall be awarded an equivalency | 25 | | certificate satisfying the requirements of this Section. | 26 | | Within 60 days after the effective date of this amendatory Act |
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| 1 | | of the 103rd General Assembly, the Board shall adopt uniform | 2 | | rules providing for a waiver process for a person previously | 3 | | employed and qualified as a law enforcement or county | 4 | | corrections officer under federal law or the laws of any other | 5 | | state, or who has completed a basic law enforcement officer or | 6 | | correctional officer academy who would be qualified to be | 7 | | employed as a law enforcement officer or correctional officer | 8 | | by the federal government or any other state. These rules | 9 | | shall address the process for evaluating prior training | 10 | | credit, a description and list of the courses typically | 11 | | required for reciprocity candidates to complete prior to | 12 | | taking the exam, and a procedure for employers seeking a | 13 | | pre-activation determination for a reciprocity training | 14 | | waiver. The rules shall provide that any eligible person | 15 | | previously trained as a law enforcement or county corrections | 16 | | officer under federal law or the laws of any other state shall | 17 | | successfully complete the following prior to the approval of a | 18 | | waiver: | 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.
| 26 | | The employing agency may seek an extension waiver from the |
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| 1 | | Board extending the period
for compliance. An extension waiver | 2 | | shall be issued only for good and justifiable
reasons, and the | 3 | | probationary part-time law enforcement officer may not | 4 | | practice as a
part-time law enforcement
officer during the | 5 | | extension waiver period. If training is
required and not | 6 | | completed within the applicable time period, as extended by
| 7 | | any waiver that may be granted, then the officer must forfeit | 8 | | the officer's
position.
| 9 | | An individual who is not certified by the Board or whose | 10 | | certified status is inactive shall not function as a law | 11 | | enforcement officer, be assigned the duties of a law | 12 | | enforcement officer by an agency, or be authorized to carry | 13 | | firearms under the authority of the employer, except that | 14 | | sheriffs who are elected are exempt from the requirement of | 15 | | certified status. Failure to be in accordance with this Act | 16 | | shall cause the officer to forfeit the officer's position. | 17 | | (a-5) A part-time probationary law enforcement officer | 18 | | shall be allowed to complete six months of a part-time police | 19 | | training course and function as a law enforcement officer as | 20 | | permitted by this subsection with a waiver from the Board, | 21 | | provided the part-time law enforcement officer is still | 22 | | enrolled in the training course. If the part-time probationary | 23 | | law enforcement officer withdraws from the course for any | 24 | | reason or does not complete the course within the applicable | 25 | | time period, as extended by any waiver that may be granted, | 26 | | then the officer must forfeit the officer's position. A |
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| 1 | | probationary law enforcement officer must function under the | 2 | | following rules: | 3 | | (1) A law enforcement agency may not grant a person | 4 | | status as a law enforcement officer unless the person has | 5 | | been granted an active law enforcement officer | 6 | | certification by the Board. | 7 | | (2) A part-time probationary law enforcement officer | 8 | | shall not be used as a permanent replacement for a | 9 | | full-time law enforcement. | 10 | | (3) A part-time probationary law enforcement officer | 11 | | shall be directly supervised at all times by a Board | 12 | | certified law enforcement officer. Direct supervision | 13 | | requires oversight and control with the supervisor having | 14 | | final decision-making authority as to the actions of the | 15 | | recruit during duty hours. | 16 | | (b) Inactive status. A person who has an inactive law | 17 | | enforcement officer certification has no law enforcement | 18 | | authority. | 19 | | (1) A law enforcement officer's certification becomes | 20 | | inactive upon termination, resignation, retirement, or | 21 | | separation from the employing agency for any reason. The | 22 | | Board shall re-activate a certification upon written | 23 | | application from the law enforcement officer's employing | 24 | | agency that shows the law enforcement officer: (i) has | 25 | | accepted a part-time law enforcement position with that a | 26 | | law enforcement agency, (ii) is not the subject of a |
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| 1 | | decertification proceeding, and (iii) meets all other | 2 | | criteria for re-activation required by the Board. | 3 | | The Board may refuse to re-activate the certification | 4 | | of a law enforcement officer who was involuntarily | 5 | | terminated for good cause by the officer's employing | 6 | | agency for conduct subject to decertification under this | 7 | | Act or resigned or retired after receiving notice of a law | 8 | | enforcement agency's investigation. | 9 | | (2) A law enforcement agency may place an officer who | 10 | | is currently certified on inactive status by sending a | 11 | | written request to the Board. A law enforcement officer | 12 | | whose certificate has been placed on inactive status shall | 13 | | not function as a law enforcement officer until the | 14 | | officer has completed any requirements for reactivating | 15 | | the certificate as required by the Board. A request for | 16 | | inactive status in this subsection shall be in writing, | 17 | | accompanied by verifying documentation, and shall be | 18 | | submitted to the Board by the law enforcement officer's | 19 | | employing agency. | 20 | | (3) Certification that has become inactive under | 21 | | paragraph (2) of this subsection (b), shall be reactivated | 22 | | by written notice from the law enforcement officer's law | 23 | | enforcement agency upon a showing that the law enforcement | 24 | | officer is: (i) employed in a part-time law enforcement | 25 | | position with the same law enforcement agency, (ii) not | 26 | | the subject of a decertification proceeding, and (iii) |
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| 1 | | meets all other criteria for re-activation required by the | 2 | | Board. The Board may also establish special training | 3 | | requirements to be completed as a condition for | 4 | | re-activation. | 5 | | The Board shall review a notice for reactivation from | 6 | | a law enforcement agency and provide a response within 30 | 7 | | days. The Board may extend this review. A law enforcement | 8 | | officer shall be allowed to be employed as a part-time law | 9 | | enforcement officer while the law enforcement officer | 10 | | reactivation waiver is under review. | 11 | | A law enforcement officer who is refused reactivation | 12 | | or an employing agency of a law enforcement officer who is | 13 | | refused reactivation under this Section may request a | 14 | | hearing in accordance with the hearing procedures as | 15 | | outlined in subsection (h) of Section 6.3 of this Act. | 16 | | (4) Notwithstanding paragraph (3) of this Section, a | 17 | | law enforcement officer whose certification has become | 18 | | inactive under paragraph (2) may have the officer's | 19 | | employing agency submit a request for a waiver of training | 20 | | requirements to the Board in writing and accompanied by | 21 | | any verifying documentation. A grant of a waiver is within | 22 | | the discretion of the Board. Within 7 days of receiving a | 23 | | request for a waiver under this section, the Board shall | 24 | | notify the law enforcement officer and the chief | 25 | | administrator of the law enforcement officer's employing | 26 | | agency, whether the request has been granted, denied, or |
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| 1 | | if the Board will take additional time for information. A | 2 | | law enforcement agency or law enforcement officer, whose | 3 | | request for a waiver under this subsection is denied, is | 4 | | entitled to request a review of the denial by the Board. | 5 | | The law enforcement agency must request a review within 20 | 6 | | days after the waiver being denied. The burden of proof | 7 | | shall be on the law enforcement agency to show why the law | 8 | | enforcement officer is entitled to a waiver of the | 9 | | legislatively required training and eligibility | 10 | | requirements.
| 11 | | (c) The part-time police training course referred to in | 12 | | this Section
shall be of similar content and the same number of | 13 | | hours as the courses for
full-time officers and
shall be | 14 | | provided by
Mobile Team In-Service Training Units under the | 15 | | Intergovernmental Law
Enforcement Officer's In-Service | 16 | | Training Act or by another approved program
or facility in a | 17 | | manner prescribed by the
Board.
| 18 | | (d) Within 14 days, a law enforcement officer shall report | 19 | | to the Board: (1) any name change; (2) any change in | 20 | | employment; or (3) the filing of any criminal indictment or | 21 | | charges against the officer alleging that the officer | 22 | | committed any offense as enumerated in Section 6.1 of this | 23 | | Act. | 24 | | (e) All law enforcement officers must report the | 25 | | completion of the training requirements required in this Act | 26 | | in compliance with Section 8.4 of this Act. |
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| 1 | | (e-1) Each employing agency shall allow and provide an | 2 | | opportunity for a law enforcement officer to complete the | 3 | | requirements in this Act. All mandated training shall be | 4 | | provided for at no cost to the employees. Employees shall be | 5 | | paid for all time spent attending mandated training. | 6 | | (e-2) Each agency, academy, or training provider shall | 7 | | maintain proof of a law enforcement officer's completion of | 8 | | legislatively required training in a format designated by the | 9 | | Board. The report of training shall be submitted to the Board | 10 | | within 30 days following completion of the training. A copy of | 11 | | the report shall be submitted to the law enforcement officer. | 12 | | Upon receipt of a properly completed report of training, the | 13 | | Board will make the appropriate entry into the training | 14 | | records of the law enforcement officer. | 15 | | (f) For the purposes of this Section, the Board shall | 16 | | adopt rules defining
what constitutes employment on a | 17 | | part-time basis.
| 18 | | (g) Notwithstanding any provision of law to the contrary, | 19 | | the changes made to this Section by this amendatory Act of the | 20 | | 102nd General Assembly and Public Act 101-652 take effect July | 21 | | 1, 2022. | 22 | | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)".
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