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
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2    This Section is repealed one year after the effective date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, obtained in Illinois, in any
22other state, or with an agency of the federal government, the
23basic training requirement is determined by the Board to be
24illogical and unreasonable. Agencies seeking a reciprocity

 

 

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1waiver for training completed outside of Illinois must conduct
2a thorough background check and provide verification of the
3officer's prior training. After review and satisfaction of all
4requested conditions, the officer shall be awarded an
5equivalency certificate satisfying the requirements of this
6Section. Within 60 days after the effective date of this
7amendatory Act of the 103rd General Assembly, the Board shall
8adopt uniform rules providing for a waiver process for a
9person previously employed and qualified as a law enforcement
10or county corrections officer under federal law or the laws of
11any other state, or who has completed a basic law enforcement
12officer or correctional officer academy who would be qualified
13to be employed as a law enforcement officer or correctional
14officer by the federal government or any other state. These
15rules shall address the process for evaluating prior training
16credit, a description and list of the courses typically
17required for reciprocity candidates to complete prior to
18taking the exam, and a procedure for employers seeking a
19pre-activation determination for a reciprocity training
20waiver. The rules shall provide that any eligible person
21previously trained as a law enforcement or county corrections
22officer under federal law or the laws of any other state shall
23successfully complete the following prior to the approval of a
24waiver:
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
7applicable 6 months, then the officer must forfeit the
8officer's position, or the employing agency must obtain a
9waiver from the Board extending the period for compliance.
10Such waiver shall be issued only for good and justifiable
11reasons, and in no case shall extend more than 90 days beyond
12the initial 6 months. Any hiring agency that fails to train a
13law enforcement officer within this period shall be prohibited
14from employing this individual in a law enforcement capacity
15for one year from the date training was to be completed. If an
16agency again fails to train the individual a second time, the
17agency shall be permanently barred from employing this
18individual in a law enforcement capacity.
19    An individual who is not certified by the Board or whose
20certified status is inactive shall not function as a law
21enforcement officer, be assigned the duties of a law
22enforcement officer by an employing agency, or be authorized
23to carry firearms under the authority of the employer, except
24as otherwise authorized to carry a firearm under State or
25federal 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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1of the 101st General Assembly, are exempt from the requirement
2of certified status. Failure to be certified in accordance
3with this Act shall cause the officer to forfeit the officer's
4position.
5    An employing agency may not grant a person status as a law
6enforcement officer unless the person has been granted an
7active law enforcement officer certification by the Board.
8    (b) Inactive status. A person who has an inactive law
9enforcement officer certification has no law enforcement
10authority.
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
5mean that a county corrections officer employed by a
6governmental agency at the time of the effective date of this
7amendatory Act, either as a probationary county corrections
8officer or as a permanent county corrections officer, shall
9require certification under the provisions of this Section. No
10provision of this Section shall be construed to apply to
11certification of elected county sheriffs.
12    (d) Within 14 days, a law enforcement officer shall report
13to the Board: (1) any name change; (2) any change in
14employment; or (3) the filing of any criminal indictment or
15charges against the officer alleging that the officer
16committed any offense as enumerated in Section 6.1 of this
17Act.
18    (e) All law enforcement officers must report the
19completion of the training requirements required in this Act
20in compliance with Section 8.4 of this Act.
21    (e-1) Each employing law enforcement agency shall allow
22and provide an opportunity for a law enforcement officer to
23complete the mandated requirements in this Act. All mandated
24training shall will be provided for at no cost to the
25employees. Employees shall be paid for all time spent
26attending mandated training.

 

 

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1    (e-2) Each agency, academy, or training provider shall
2maintain proof of a law enforcement officer's completion of
3legislatively required training in a format designated by the
4Board. The report of training shall be submitted to the Board
5within 30 days following completion of the training. A copy of
6the report shall be submitted to the law enforcement officer.
7Upon receipt of a properly completed report of training, the
8Board will make the appropriate entry into the training
9records of the law enforcement officer.
10    (f) This Section does not apply to part-time law
11enforcement officers or probationary part-time law enforcement
12officers.
13    (g) Notwithstanding any provision of law to the contrary,
14the changes made to this Section by this amendatory Act of the
15102nd General Assembly, Public Act 101-652, and Public Act
16102-28, 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;
18102-28, 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
22officer must obtain from the Board a certificate (i) attesting
23to the officer's successful completion of the part-time police
24training course; (ii) attesting to the officer's satisfactory
25completion of a training program of similar content and number

 

 

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1of hours that has been found acceptable by the Board under the
2provisions of this Act; or (iii) a training waiver attesting
3to the Board's determination that the part-time police
4training course is unnecessary because of the person's
5extensive prior law enforcement experience obtained in
6Illinois, in any other state, or with an agency of the federal
7government. A person hired on or after the effective date of
8this amendatory Act of the 92nd General Assembly must obtain
9this certificate within 18 months after the initial date of
10hire as a probationary part-time law enforcement officer in
11the State of Illinois. The probationary part-time law
12enforcement officer must be enrolled and accepted into a
13Board-approved course within 6 months after active employment
14by any department in the State. A person hired on or after
15January 1, 1996 and before the effective date of this
16amendatory Act of the 92nd General Assembly must obtain this
17certificate within 18 months after the date of hire. A person
18hired before January 1, 1996 must obtain this certificate
19within 24 months after the effective date of this amendatory
20Act of 1995. Agencies seeking a reciprocity waiver for
21training completed outside of Illinois must conduct a thorough
22background check and provide verification of the officer's
23prior training. After review and satisfaction of all requested
24conditions, the officer shall be awarded an equivalency
25certificate satisfying the requirements of this Section.
26Within 60 days after the effective date of this amendatory Act

 

 

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1of the 103rd General Assembly, the Board shall adopt uniform
2rules providing for a waiver process for a person previously
3employed and qualified as a law enforcement or county
4corrections officer under federal law or the laws of any other
5state, or who has completed a basic law enforcement officer or
6correctional officer academy who would be qualified to be
7employed as a law enforcement officer or correctional officer
8by the federal government or any other state. These rules
9shall 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.
26    The employing agency may seek an extension waiver from the

 

 

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

 

 

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1probationary law enforcement officer must function under the
2following 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
17enforcement officer certification has no law enforcement
18authority.
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
12this Section shall be of similar content and the same number of
13hours as the courses for full-time officers and shall be
14provided by Mobile Team In-Service Training Units under the
15Intergovernmental Law Enforcement Officer's In-Service
16Training Act or by another approved program or facility in a
17manner prescribed by the Board.
18    (d) Within 14 days, a law enforcement officer shall report
19to the Board: (1) any name change; (2) any change in
20employment; or (3) the filing of any criminal indictment or
21charges against the officer alleging that the officer
22committed any offense as enumerated in Section 6.1 of this
23Act.
24    (e) All law enforcement officers must report the
25completion of the training requirements required in this Act
26in compliance with Section 8.4 of this Act.

 

 

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1    (e-1) Each employing agency shall allow and provide an
2opportunity for a law enforcement officer to complete the
3requirements in this Act. All mandated training shall be
4provided for at no cost to the employees. Employees shall be
5paid for all time spent attending mandated training.
6    (e-2) Each agency, academy, or training provider shall
7maintain proof of a law enforcement officer's completion of
8legislatively required training in a format designated by the
9Board. The report of training shall be submitted to the Board
10within 30 days following completion of the training. A copy of
11the report shall be submitted to the law enforcement officer.
12Upon receipt of a properly completed report of training, the
13Board will make the appropriate entry into the training
14records of the law enforcement officer.
15    (f) For the purposes of this Section, the Board shall
16adopt rules defining what constitutes employment on a
17part-time basis.
18    (g) Notwithstanding any provision of law to the contrary,
19the changes made to this Section by this amendatory Act of the
20102nd General Assembly and Public Act 101-652 take effect July
211, 2022.
22(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)".