Bill Amendment: IL SB1754 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: POLICE TRAINING-OUT-OF-STATE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0389 [SB1754 Detail]
Download: Illinois-2023-SB1754-Senate_Amendment_001.html
Bill Title: POLICE TRAINING-OUT-OF-STATE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0389 [SB1754 Detail]
Download: Illinois-2023-SB1754-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1754
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2 | AMENDMENT NO. ______. Amend Senate Bill 1754 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by adding Section 5-45.35 as follows:
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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 | Section 8.1 of the Illinois Police Training Act, emergency | ||||||
11 | rules implementing the waiver process under Section 8.1 of the | ||||||
12 | Illinois Police Training Act may be adopted in accordance with | ||||||
13 | Section 5-45 by the Illinois Law Enforcement Training | ||||||
14 | Standards Board. The adoption of emergency rules authorized by | ||||||
15 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
16 | public interest, safety, and welfare. |
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1 | This Section is repealed one year after the effective date | ||||||
2 | of this amendatory Act of the 103rd General Assembly.
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3 | Section 10. The Illinois Police Training Act is amended by | ||||||
4 | changing Section 8.1 as follows:
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5 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
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6 | Sec. 8.1. Full-time law enforcement and county corrections | ||||||
7 | officers.
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8 | (a) No person shall receive a permanent
appointment as a | ||||||
9 | law enforcement officer or a permanent appointment as a county | ||||||
10 | corrections officer
unless that person has been awarded, | ||||||
11 | within 6 months of the officer's
initial full-time employment, | ||||||
12 | a certificate attesting to the officer's
successful completion | ||||||
13 | of the Minimum Standards Basic Law Enforcement or County
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14 | Correctional Training Course as prescribed by the Board; or | ||||||
15 | has been awarded a
certificate attesting to the officer's | ||||||
16 | satisfactory completion of a training program of
similar | ||||||
17 | content and number of hours and which course has been found | ||||||
18 | acceptable
by the Board under the provisions of this Act; or a | ||||||
19 | training waiver by reason of extensive prior
law enforcement | ||||||
20 | or county corrections experience obtained by employment with | ||||||
21 | any law enforcement agency in any state and, therefore, the | ||||||
22 | basic training requirement
is determined by the Board to be | ||||||
23 | illogical and unreasonable. Within 60 days after the effective | ||||||
24 | date of this amendatory Act of the 103rd General Assembly, the |
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1 | Board shall adopt uniform rules providing for a waiver process | ||||||
2 | for a person previously employed and qualified as a law | ||||||
3 | enforcement or county corrections officer under federal law or | ||||||
4 | the laws of any other state. The rules shall provide that any | ||||||
5 | person previously employed or qualified as a law enforcement | ||||||
6 | or county corrections officer under federal law or the laws of | ||||||
7 | any other state shall successfully complete the following | ||||||
8 | prior to the approval of a waiver:
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9 | (1) a training program approved by the Board on the | ||||||
10 | laws of this State relevant to the duties of law | ||||||
11 | enforcement and county correctional officers; and | ||||||
12 | (2) firearms training. | ||||||
13 | If such training is required and not completed within the | ||||||
14 | applicable 6
months, then the officer must forfeit the | ||||||
15 | officer's position, or the employing agency
must obtain a | ||||||
16 | waiver from the Board extending the period for
compliance. | ||||||
17 | Such waiver shall be issued only for good and justifiable
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18 | reasons, and in no case shall extend more than 90 days beyond | ||||||
19 | the
initial 6 months. Any hiring agency that fails to train a | ||||||
20 | law enforcement officer within this period shall be prohibited | ||||||
21 | from employing this individual in a law enforcement capacity | ||||||
22 | for one year from the date training was to be completed. If an | ||||||
23 | agency again fails to train the individual a second time, the | ||||||
24 | agency shall be permanently barred from employing this | ||||||
25 | individual in a law enforcement capacity.
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26 | An individual who is not certified by the Board or whose |
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1 | certified status is inactive shall not function as a law | ||||||
2 | enforcement officer, be assigned the duties of a law | ||||||
3 | enforcement officer by an employing agency, or be authorized | ||||||
4 | to carry firearms under the authority of the employer, except | ||||||
5 | as otherwise authorized to carry a firearm under State or | ||||||
6 | federal law. Sheriffs who are elected as of January 1, 2022 | ||||||
7 | ( the effective date of Public Act 101-652) this amendatory Act | ||||||
8 | of the 101st General Assembly, are exempt from the requirement | ||||||
9 | of certified status. Failure to be certified in accordance | ||||||
10 | with this Act shall cause the officer to forfeit the officer's | ||||||
11 | position. | ||||||
12 | An employing agency may not grant a person status as a law | ||||||
13 | enforcement officer unless the person has been granted an | ||||||
14 | active law enforcement officer certification by the Board. | ||||||
15 | (b) Inactive status. A person who has an inactive law | ||||||
16 | enforcement officer certification has no law enforcement | ||||||
17 | authority. | ||||||
18 | (1) A law enforcement officer's certification becomes | ||||||
19 | inactive upon termination, resignation, retirement, or | ||||||
20 | separation from the officer's employing law enforcement | ||||||
21 | agency for any reason. The Board shall re-activate a | ||||||
22 | certification upon written application from the law | ||||||
23 | enforcement officer's law enforcement agency that shows | ||||||
24 | the law enforcement officer: (i) has accepted a full-time | ||||||
25 | law enforcement position with that law enforcement agency, | ||||||
26 | (ii) is not the subject of a decertification proceeding, |
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1 | and (iii) meets all other criteria for re-activation | ||||||
2 | required by the Board. The Board may also establish | ||||||
3 | special training requirements to be completed as a | ||||||
4 | condition for 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 full-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 | The Board may refuse to re-activate the certification | ||||||
17 | of a law enforcement officer who was involuntarily | ||||||
18 | terminated for good cause by an employing agency for | ||||||
19 | conduct subject to decertification under this Act or | ||||||
20 | resigned or retired after receiving notice of a law | ||||||
21 | enforcement agency's investigation. | ||||||
22 | (2) A law enforcement agency may place an officer who | ||||||
23 | is currently certified on inactive status by sending a | ||||||
24 | written request to the Board. A law enforcement officer | ||||||
25 | whose certificate has been placed on inactive status shall | ||||||
26 | not function as a law enforcement officer until the |
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1 | officer has completed any requirements for reactivating | ||||||
2 | the certificate as required by the Board. A request for | ||||||
3 | inactive status in this subsection shall be in writing, | ||||||
4 | accompanied by verifying documentation, and shall be | ||||||
5 | submitted to the Board with a copy to the chief | ||||||
6 | administrator of the law enforcement officer's current or | ||||||
7 | new employing agency. | ||||||
8 | (3) Certification that has become inactive under | ||||||
9 | paragraph (2) of this subsection (b) , shall be reactivated | ||||||
10 | by written notice from the law enforcement officer's | ||||||
11 | agency upon a showing that the law enforcement officer is : | ||||||
12 | (i) is employed in a full-time law enforcement position | ||||||
13 | with the same law enforcement agency , (ii) is not the | ||||||
14 | subject of a decertification proceeding, and (iii) meets | ||||||
15 | all other criteria for re-activation required by the | ||||||
16 | Board. | ||||||
17 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
18 | (b), a law enforcement officer whose certification has | ||||||
19 | become inactive under paragraph (2) may have the officer's | ||||||
20 | employing agency submit a request for a waiver of training | ||||||
21 | requirements to the Board in writing and accompanied by | ||||||
22 | any verifying documentation . . A grant of a waiver is | ||||||
23 | within the discretion of the Board. Within 7 days of | ||||||
24 | receiving a request for a waiver under this Section | ||||||
25 | section , the Board shall notify the law enforcement | ||||||
26 | officer and the chief administrator of the law enforcement |
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1 | officer's employing agency, whether the request has been | ||||||
2 | granted, denied, or if the Board will take additional time | ||||||
3 | for information. A law enforcement agency , whose request | ||||||
4 | for a waiver under this subsection is denied , is entitled | ||||||
5 | to request a review of the denial by the Board. The law | ||||||
6 | enforcement agency must request a review within 20 days of | ||||||
7 | the waiver being denied. The burden of proof shall be on | ||||||
8 | the law enforcement agency to show why the law enforcement | ||||||
9 | officer is entitled to a waiver of the legislatively | ||||||
10 | required training and eligibility requirements. | ||||||
11 | (c) No provision
of this Section shall be construed to | ||||||
12 | mean that a county corrections
officer employed by a | ||||||
13 | governmental agency at the time of the
effective date of this | ||||||
14 | amendatory Act, either as a probationary
county corrections | ||||||
15 | officer or as a permanent county corrections officer, shall
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16 | require certification under the provisions of this Section. No | ||||||
17 | provision of
this Section shall be construed to apply to | ||||||
18 | certification of elected county
sheriffs.
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19 | (d) Within 14 days, a law enforcement officer shall report | ||||||
20 | to the Board: (1) any name change; (2) any change in | ||||||
21 | employment; or (3) the filing of any criminal indictment or | ||||||
22 | charges against the officer alleging that the officer | ||||||
23 | committed any offense as enumerated in Section 6.1 of this | ||||||
24 | Act. | ||||||
25 | (e) All law enforcement officers must report the | ||||||
26 | completion of the training requirements required in this Act |
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1 | in compliance with Section 8.4 of this Act. | ||||||
2 | (e-1) Each employing law enforcement agency shall allow | ||||||
3 | and provide an opportunity for a law enforcement officer to | ||||||
4 | complete the mandated requirements in this Act. All mandated | ||||||
5 | training shall will be provided for at no cost to the | ||||||
6 | employees. Employees shall be paid for all time spent | ||||||
7 | attending mandated training. | ||||||
8 | (e-2) Each agency, academy, or training provider shall | ||||||
9 | maintain proof of a law enforcement officer's completion of | ||||||
10 | legislatively required training in a format designated by the | ||||||
11 | Board. The report of training shall be submitted to the Board | ||||||
12 | within 30 days following completion of the training. A copy of | ||||||
13 | the report shall be submitted to the law enforcement officer. | ||||||
14 | Upon receipt of a properly completed report of training, the | ||||||
15 | Board will make the appropriate entry into the training | ||||||
16 | records of the law enforcement officer. | ||||||
17 | (f) This Section does not apply to part-time law | ||||||
18 | enforcement officers or
probationary part-time law enforcement | ||||||
19 | officers.
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20 | (g) Notwithstanding any provision of law to the contrary, | ||||||
21 | the changes made to this Section by this amendatory Act of the | ||||||
22 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
23 | 102-28 , and Public Act 102-694 take effect July 1, 2022. | ||||||
24 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
25 | 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)".
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