Public Act 093-0655
Public Act 93-0655 of the 93rd General Assembly
Public Act 93-0655
HB0576 Enrolled LRB093 05579 MBS 05671 b
AN ACT in relation to police officers.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if Senate Bill 472 of the 93rd
General Assembly becomes law by the override of the
Governor's amendatory veto, the Illinois Police Training Act
is amended by changing Section 6.1 as follows:
(50 ILCS 705/6.1)
Sec. 6.1. Decertification of full-time and part-time
police officers.
(a) The Board must review police officer conduct and
records to ensure that no police officer is certified or
provided a valid waiver if that police officer has been
convicted of a felony offense under the laws of this State or
any other state which if committed in this State would be
punishable as a felony. The Board must also ensure that no
police officer is certified or provided a valid waiver if
that police officer has been convicted on or after the
effective date of this amendatory Act of 1999 of any
misdemeanor specified in this Section or if committed in any
other state would be an offense similar to Section 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
Act. The Board must appoint investigators to enforce the
duties conferred upon the Board by this Act.
(b) It is the responsibility of the sheriff or the chief
executive officer of every local law enforcement agency or
department within this State to report to the Board any
arrest or conviction of any officer for an offense identified
in this Section.
(c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest or conviction for an
offense identified in this Section. Any full-time or
part-time police officer who knowingly makes, submits, causes
to be submitted, or files a false or untruthful report to the
Board must have his or her certificate or waiver immediately
decertified or revoked.
(d) Any person, or a local or State agency, or the Board
is immune from liability for submitting, disclosing, or
releasing information of arrests or convictions in this
Section as long as the information is submitted, disclosed,
or released in good faith and without malice. The Board has
qualified immunity for the release of the information.
(e) Any full-time or part-time police officer with a
certificate or waiver issued by the Board who is convicted of
any offense described in this Section immediately becomes
decertified or no longer has a valid waiver. The
decertification and invalidity of waivers occurs as a matter
of law. Failure of a convicted person to report to the Board
his or her conviction as described in this Section or any
continued law enforcement practice after receiving a
conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and
have all the powers possessed by policemen in cities and by
sheriff's, provided that the investigators may exercise those
powers anywhere in the State, only after contact and
cooperation with the appropriate local law enforcement
authorities.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Department of State Police must process,
retain, and additionally provide and disseminate information
to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
before, on, or after the effective date of this amendatory
Act of the 91st General Assembly against a basic academy
applicant, law enforcement applicant, or law enforcement
officer whose fingerprint identification cards are on file or
maintained by the Department of State Police. The Federal
Bureau of Investigation must provide the Board any criminal
history record information contained in its files pertaining
to law enforcement officers or any applicant to a Board
certified basic law enforcement academy as described in this
Act based on fingerprint identification. The Board must make
payment of fees to the Department of State Police for each
fingerprint card submission in conformance with the
requirements of paragraph 22 of Section 55a of the Civil
Administrative Code of Illinois.
(h) A police officer who has been certified or granted a
valid waiver shall also be decertified or have his or her
waiver revoked upon a determination by the Illinois Labor
Relations Board State Panel that he or she, while under oath,
has knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder.
If an appeal is filed, the determination shall be stayed.
(1) In the case of an acquittal on a charge of
murder, a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal
knowledge of perjured testimony.
The complaint must allege that a police officer, while under
oath, knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder.
The verified complaint must be filed with the Executive
Director of the Illinois Law Enforcement Training Standards
Board within 2 years of the judgment of acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the
complaint and any action taken thereon. If the Executive
Director of the Illinois Law Enforcement Training
Standards Board determines that the verified complaint is
frivolous and without merit, it shall be dismissed. The
Executive Director of the Illinois Law Enforcement
Training Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators
created for this purpose. This task force shall consist of 8
sworn police officers: 2 from the Illinois State Police, 2
from the City of Chicago Police Department, 2 from county
police departments, and 2 from municipal police departments.
These investigators shall have a minimum of 5 years of
experience in conducting criminal investigations. The
investigators shall be appointed by the Executive Director of
the Illinois Law Enforcement Training Standards Board. Any
officer or officers acting in this capacity pursuant to this
statutory provision will have statewide police authority
while acting in this investigative capacity. Their salaries
and expenses for the time spent conducting investigations
under this paragraph shall be reimbursed by the Illinois Law
Enforcement Training Standards Board.
(j) Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The
investigator or investigators shall conduct an investigation
of the verified complaint and shall write a report of his or
her findings. This report shall be submitted to the Executive
Director of the Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient
evidence exists to conduct an evidentiary hearing on the
verified complaint. If the Executive Director of the Illinois
Labor Relations Board State Panel determines upon his or her
review of the investigatory report that a hearing should not
be conducted, the complaint shall be dismissed. This decision
is in the Executive Director's sole discretion, and this
dismissal may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient
evidence to warrant a hearing, a hearing shall be ordered on
the verified complaint, to be conducted by an administrative
law judge employed by the Illinois Labor Relations Board
State Panel. The Executive Director of the Illinois Labor
Relations Board State Panel shall inform the Executive
Director of the Illinois Law Enforcement Training Standards
Board and the person who filed the complaint of either the
dismissal of the complaint or the issuance of the complaint
for hearing. The Executive Director shall assign the
complaint to the administrative law judge within 30 days of
the decision granting a hearing.
(k) In the case of a finding of guilt on the offense of
murder, if a new trial is granted on direct appeal, or a
state post-conviction evidentiary hearing is ordered, based
on a claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going
to an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified if an interested
party requests such a hearing within 2 years of the court's
decision. The complaint shall be assigned to an
administrative law judge within 30 days so that a hearing can
be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified
complaint at the hearing before the administrative law judge.
The Department of Professional Regulation shall have the
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited
to, court documents and records. The Illinois Labor Relations
Board State Panel shall have the power to issue subpoenas
requiring the attendance of and testimony of witnesses and
the production of related documents including, but not
limited to, court documents and records and shall have the
power to administer oaths.
The administrative law judge shall have the
responsibility of receiving into evidence relevant testimony
and documents, including court records, to support or
disprove the allegations made by the person filing the
verified complaint and, at the close of the case, hear
arguments. If the administrative law judge finds that there
is not clear and convincing evidence to support the verified
complaint that the police officer has, while under oath,
knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder,
the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police
officer has, while under oath, knowingly and willfully made
false statements as to a material fact that goes to an
element of the offense of murder, the administrative law
judge shall make a written recommendation so concluding to
the Illinois Labor Relations Board State Panel. The hearings
shall be transcribed. The Executive Director of the Illinois
Law Enforcement Training Standards Board shall be informed of
the administrative law judge's recommended findings and
decision and the Illinois Labor Relations Board State Panel's
subsequent review of the recommendation.
(l) An officer named in any complaint filed pursuant to
this Act shall be indemnified for his or her reasonable
attorney's fees and costs by his or her employer. These fees
shall be paid in a regular and timely manner. The State, upon
application by the public employer, shall reimburse the
public employer for the accused officer's reasonable
attorney's fees and costs. At no time and under no
circumstances will the accused officer be required to pay his
or her own reasonable attorney's fees or costs.
(m) The accused officer shall not be placed on unpaid
status because of the filing or processing of the verified
complaint until there is a final non-appealable order
sustaining his or her guilt and his or her certification is
revoked. Nothing in this Act, however, restricts the public
employer from pursuing discipline against the officer in the
normal course and under procedures then in place.
(n) The Illinois Labor Relations Board State Panel shall
review the administrative law judge's recommended decision
and order and determine by a majority vote whether or not
there was clear and convincing evidence that the accused
officer, while under oath, knowingly and willfully made false
statements as to a material fact going to the offense of
murder. Within 30 days of service of the administrative law
judge's recommended decision and order, the parties may file
exceptions to the recommended decision and order and briefs
in support of their exceptions with the Illinois Labor
Relations Board State Panel. The parties may file responses
to the exceptions and briefs in support of the responses no
later than 15 days after the service of the exceptions. If
exceptions are filed by any of the parties, the Illinois
Labor Relations Board State Panel shall review the matter and
make a finding to uphold, vacate, or modify the recommended
decision and order. If the Illinois Labor Relations Board
State Panel concludes that there is clear and convincing
evidence that the accused officer, while under oath,
knowingly and willfully made false statements as to a
material fact going to an element of the offense murder, the
Illinois Labor Relations Board State Panel shall inform the
Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall
revoke the accused officer's certification. If the accused
officer appeals that determination to the Appellate Court, as
provided by this Act, he or she may petition the Appellate
Court to stay the revocation of his or her certification
pending the court's review of the matter.
(o) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent in
any of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the Illinois Labor Relations Board
State Panel or the courts.
(p) A party aggrieved by the final order of the Illinois
Labor Relations Board State Panel may apply for and obtain
judicial review of an order of the Illinois Labor Relations
Board State Panel, in accordance with the provisions of the
Administrative Review Law, except that such judicial review
shall be afforded directly in the Appellate Court for the
district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision.
(q) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false
statements as to a material fact going to an element of the
offense of murder may file a verified complaint pursuant to
this Section. For purposes of this Section, "interested
parties" shall be limited to the defendant and any police
officer who has personal knowledge that the police officer
who is the subject of the complaint has, while under oath,
knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder.
(r) Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of
the Senate, and to the Speaker and Minority Leader of the
House of Representatives beginning on June 30, 2004,
indicating:
(1) the number of verified complaints received
since the date of the last report;
(2) the number of investigations initiated
since the date of the last report;
(3) the number of investigations concluded
since the date of the last report;
(4) the number of investigations pending as of
the reporting date;
(5) the number of hearings held since the date
of the last report; and
(6) the number of officers decertified since
the date of the last report.
(h) A police officer who has been certified or granted a
valid waiver may also be decertified or have his or her
waiver revoked upon a determination by the Board that he or
she, while under oath, has knowingly and willfully made false
statements as to a material fact during a homicide
proceeding. A determination may be made only after an
investigation and hearing upon a verified complaint filed
with the Illinois Law Enforcement Training Standards Board.
No action may be taken by the Board regarding a complaint
unless a majority of the members of the Board are present at
the meeting at which the action is taken.
(1) The Board shall adopt rules governing the
investigation and hearing of a verified complaint to
assure the police officer due process and to eliminate
conflicts of interest within the Board itself.
(2) Upon receipt of the initial verified complaint,
the Board must make a finding within 30 days of receipt
of the complaint as to whether sufficient evidence exists
to support the complaint. The Board is empowered to
investigate and dismiss the complaint if it finds, by a
vote of a majority of the members present, that there is
insufficient evidence to support it. Upon the initial
filing, the sheriff or police chief, or other employing
agency, of the accused officer may suspend, with or
without pay, the accused officer pending a decision of
the Board. Upon a Board finding of insufficient evidence,
the police officer shall be reinstated with back pay,
benefits, and seniority status as appropriate. The
sheriff or police chief, or employing agency, shall take
such necessary action as is ordered by the Board.
(3) If the Board finds, by a vote of a majority of
the members present, that sufficient evidence exists to
support the complaint, it shall authorize a hearing
before an administrative law judge within 45 days of the
Board's finding, unless, based upon the complexity and
extent of the allegations and charges, additional time is
needed. In no event may a hearing before an
administrative law judge take place later than 60 days
after the Board's finding.
(i) The Board shall have the power and authority to
appoint administrative law judges on a contractual basis.
The Administrative law judges must be attorneys licensed to
practice law in the State of Illinois. The Board shall also
adopt rules governing the appointment of administrative law
judges and the conduct of hearings consistent with the
requirements of this Section. The administrative law judge
shall hear all evidence and prepare a written recommendation
of his or her findings to the Board. At the hearing the
accused police officer shall be afforded the opportunity to:
(1) Be represented by counsel;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Board compel the attendance of
witnesses and production of court records and documents.
(j) Once a case has been set for hearing, the person who
filed the verified complaint shall have the opportunity to
produce evidence to support any charge against a police
officer that he or she, while under oath, has knowingly and
willfully made false statements as to a material fact during
a homicide proceeding.
(1) The person who filed the verified complaint
shall have the opportunity to be represented by counsel
and shall produce evidence to support his or her charges;
(2) The person who filed the verified complaint may
request the Board to compel the attendance of witnesses
and production of court records and documents.
(k) The Board shall have the power to issue subpoenas
requiring the attendance and testimony of witnesses and the
production of court records and documents and shall have the
power to administer oaths.
(l) The administrative law judge shall have the
responsibility of receiving into evidence relevant testimony
and documents, including court records, to support or
disprove the allegations made by the person filing the
verified complaint, and, at the close of the case, hear
arguments. If the administrative law judge finds that there
is not clear and convincing evidence to support the verified
complaint that the police officer has, while under oath,
knowingly and willfully made false statements as to a
material fact during a homicide proceeding, the
administrative law judge shall make a written recommendation
of dismissal to the Board. If the administrative law judge
finds that there is clear and convincing evidence to support
the verified complaint that the police officer has, while
under oath, knowingly and willfully made false statements as
to a material fact during a homicide proceeding, the
administrative law judge shall make a written recommendation
of decertification to the Board.
(m) Any person, with the exception of the police officer
who is the subject of the hearing, who is served by the Board
with a subpoena to appear, testify or produce evidence and
refuses to comply with the subpoena is guilty of a Class B
misdemeanor. Any circuit court or judge, upon application by
the Board, may compel compliance with a subpoena issued by
the Board.
(n) Within 15 days of receiving the recommendation, the
Board shall consider the recommendation of the administrative
law judge and the record of the hearing at a Board meeting.
If, by a two-thirds vote of the members present at the Board
meeting, the Board finds that there is clear and convincing
evidence that the police officer has, while under oath,
knowingly and willfully made false statements as to a
material fact during a homicide proceeding, the Board shall
order that the police officer be decertified as a full-time
or part-time police officer. If less than two-thirds of the
members present vote to decertify the police officer, the
Board shall dismiss the complaint.
(o) The provisions of the Administrative Review Law
shall govern all proceedings for the judicial review of any
order rendered by the Board. The moving party shall pay the
reasonable costs of preparing and certifying the record for
review. If the moving party is the police officer and he or
she prevails, the court may award the police officer actual
costs incurred in all proceedings, including reasonable
attorney fees. If the court awards the police officer the
actual costs incurred in a proceeding, including reasonable
attorney fees, the costs and attorney fees shall be paid,
subject to appropriation, from the Illinois Law Enforcement
Training Standards Board Costs and Attorney Fees Fund, a
special fund that is created in the State Treasury. The Fund
shall consist of moneys appropriated or transferred into the
Fund for the purpose of making payments of costs and attorney
fees in accordance with this subsection (o). The Illinois Law
Enforcement Training Standards Board shall administer the
Fund and adopt rules for the administration of the Fund and
for the submission and disposition of claims for costs and
attorney fees in accordance with this subsection (o).
(p) If the police officer is decertified under
subsection (h), the Board shall notify the defendant who was
a party to the proceeding that resulted in the police
officer's decertification and his or her attorney of the
Board's decision. Notification shall be by certified mail,
return receipt requested, sent to the party's last known
address and to the party's attorney if any.
(q) Limitation of action.
(1) No complaint may be filed pursuant to this
Section until after a verdict or other disposition is
rendered in the underlying case or the underlying case is
dismissed in the trial court.
(2) A complaint pursuant to this Section may not be
filed more than 2 years after the final resolution of the
case. For purposes of this Section, final resolution is
defined as the trial court's ruling on the State
post-conviction proceeding in the case in which it is
alleged the police officer, while under oath, knowingly
and willfully made false statements as to a material fact
during a homicide proceeding. In the event a
post-conviction petition is not filed, an action pursuant
to this Section may not be commenced more than 2 years
after the denial of a petition for certiorari to the
United States Supreme Court, or if no petition for
certiorari is filed, 2 years after the date such a
petition should have been filed. In the event of an
acquittal, no proceeding may be commenced pursuant to
this Section more than 6 years after the date upon which
judgment on the verdict of acquittal was entered.
(r) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false
statements as to a material fact during a homicide proceeding
may file a verified complaint pursuant to this Section. For
purposes of this Section, "interested parties" include the
defendant and any police officer who has personal knowledge
that the police officer who is the subject of the complaint
has, while under oath, knowingly and willfully made false
statements as to a material fact during a homicide
proceeding.
(Source: 93SB472enr.)
Section 10. If and only if Senate Bill 472 of the 93rd
General Assembly becomes law by the override of the
Governor's amendatory veto, the Code of Criminal Procedure of
1963 is amended by changing Section 107A-10 as follows:
(725 ILCS 5/107A-10)
Sec. 107A-10. Pilot study on sequential lineup
procedures.
(a) Legislative intent. Because the goal of a police
investigation is to apprehend the person or persons
responsible for committing a crime, it is useful to conduct a
pilot study in the field on the effectiveness of the
sequential method for lineup procedures.
(b) Establishment of pilot jurisdictions. The Department
of State Police shall select 3 police departments to
participate in a one-year pilot study on the effectiveness of
the sequential lineup method for photo and live lineup
procedures. One such pilot jurisdiction shall be a police
district within a police department in a municipality whose
population is at least 500,000 residents; one such pilot
jurisdiction shall be a police department in a municipality
whose population is at least 100,000 but less than 500,000;
and one such pilot jurisdiction shall be a police department
in a municipality whose population is less than 100,000. All
such pilot jurisdictions shall be selected no later than July
January 1, 2004.
(c) Sequential lineup procedures in pilot jurisdictions.
For any offense alleged to have been committed in a pilot
jurisdiction on or after July January 1, 2004, selected
lineup identification procedure shall be presented in the
sequential method in which a witness is shown lineup
participants one at a time, using the following procedures:
(1) The witness shall be requested to state whether
the individual shown is the perpetrator of the crime
prior to viewing the next lineup participant. Only one
member of the lineup shall be a suspect and the remainder
shall be "fillers" who are not suspects but fit the
general description of the offender without the suspect
unduly standing out;
(2) The lineup administrator shall be someone who
is not aware of which member of the lineup is the suspect
in the case; and
(3) Prior to presenting the lineup using the
sequential method the lineup administrator shall:
(A) Inform the witness that the perpetrator
may or may not be among those shown, and the witness
should not feel compelled to make an identification;
(B) Inform the witness that he or she will
view individuals one at a time and will be requested
to state whether the individual shown is the
perpetrator of the crime, prior to viewing the next
lineup participant; and
(C) Ask the witness to state in his or her own
words how sure he or she is that the person
identified is the actual offender. During the
statement, or as soon thereafter as reasonably
possible, the witness's actual words shall be
documented.
(d) Application. This Section applies to selected live
lineups that are composed and presented at a police station
and to selected photo lineups regardless of where presented;
provided that this Section does not apply in police
investigations in which a spontaneous identification is
possible and no lineup procedure is being used. This Section
does not affect the right to counsel afforded by the U.S. or
Illinois Constitutions or State law at any stage of a
criminal proceeding.
(e) Selection of lineups. The participating
jurisdictions shall develop a protocol for the selection and
administration of lineups which is practical, designed to
elicit information for comparative evaluation purposes, and
is consistent with objective scientific research methodology.
(f) Training and administrators. The Department of State
Police shall offer training to police officers and any other
appropriate personnel on the sequential method of conducting
lineup procedures in the pilot jurisdictions and the
requirements of this Section. The Department of State Police
may seek funding for training and administration from the
Illinois Criminal Justice Information Authority and the
Illinois Law Enforcement Training Standards Board if
necessary.
(g) Report on the pilot study. The Department of State
Police shall gather information from each of the
participating police departments selected as a pilot
jurisdiction with respect to the effectiveness of the
sequential method for lineup procedures and shall file a
report of its findings with the Governor and the General
Assembly no later than September April 1, 2005.
(Source: 93SB472enr.)
Section 95. The amendatory changes to Section 6.1 of the
Illinois Police Training Act made by this amendatory Act of
the 93rd General Assembly and the provisions of Section
107A-10 of the Code of Criminal Procedure of 1963 made by
this amendatory Act of the 93rd General Assembly supersede
the amendatory changes made to Section 6.1 of the Illinois
Police Training Act and the provisions of Section 107A-10 of
the Code of Criminal Procedures of 1963 added by Senate Bill
472 of the 93rd General Assembly, if Senate Bill 472 of the
93rd General Assembly becomes law.
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 01/20/04
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