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Public Act 91-0495
HB1365 Enrolled LRB9105078RCks
AN ACT to amend the Illinois Police Training Act by
changing Section 6 and adding Section 6.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended
by changing Section 6 and adding Section 6.1 as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Selection and certification of schools. The
Board shall select and certify schools within the State of
Illinois for the purpose of providing basic training for
probationary police officers, probationary county corrections
officers, and court security officers and of providing
advanced or in-service training for permanent police officers
or permanent county corrections officers, which schools may
be either publicly or privately owned and operated. In
addition, the Board has the following power and duties:
a. To require local governmental units to furnish
such reports and information as the Board deems necessary
to fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers.
c. To provide appropriate certification to those
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of a felony offense, any of the misdemeanors in
Sections 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 Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may
appoint investigators who shall enforce the duties
conferred upon the Board by this Act.
(Source: P.A. 88-461; 89-685, eff. 6-1-97.)
(50 ILCS 705/6.1 new)
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.
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