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-House_Amendment_001.html
Bill Title: POLICE TRAINING-OUT-OF-STATE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0389 [SB1754 Detail]
Download: Illinois-2023-SB1754-House_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 | 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2 | This Section is repealed one year after the effective date | ||||||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.
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4 | Section 10. The Illinois Police Training Act is amended by | ||||||
5 | changing Sections 8.1 and 8.2 as follows:
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6 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
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7 | Sec. 8.1. Full-time law enforcement and county corrections | ||||||
8 | officers.
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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
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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 the basic training | ||||||
22 | requirement
is determined by the Board to be illogical and | ||||||
23 | unreasonable. Individuals who have completed a basic law | ||||||
24 | enforcement or correctional officer academy and obtained |
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1 | certification in another state, or with an approved agency of | ||||||
2 | the federal government, may qualify for a waiver of this | ||||||
3 | training requirement and may be eligible for equivalency | ||||||
4 | certification in accordance with the eligibility requirements | ||||||
5 | prescribed in the Board's administrative rules. Within 90 days | ||||||
6 | after the effective date of this amendatory Act of the 103rd | ||||||
7 | General Assembly, the Board shall adopt uniform rules for a | ||||||
8 | reciprocity training waiver and certification process.
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9 | If such training is required and not completed within the | ||||||
10 | applicable 6
months, then the officer must forfeit the | ||||||
11 | officer's position, or the employing agency
must obtain a | ||||||
12 | waiver from the Board extending the period for
compliance. | ||||||
13 | Such waiver shall be issued only for good and justifiable
| ||||||
14 | reasons, and in no case shall extend more than 90 days beyond | ||||||
15 | the
initial 6 months. Any hiring agency that fails to train a | ||||||
16 | law enforcement officer within this period shall be prohibited | ||||||
17 | from employing this individual in a law enforcement capacity | ||||||
18 | for one year from the date training was to be completed. If an | ||||||
19 | agency again fails to train the individual a second time, the | ||||||
20 | agency shall be permanently barred from employing this | ||||||
21 | individual in a law enforcement capacity.
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22 | An individual who is not certified by the Board or whose | ||||||
23 | certified status is inactive shall not function as a law | ||||||
24 | enforcement officer, be assigned the duties of a law | ||||||
25 | enforcement officer by an employing agency, or be authorized | ||||||
26 | to carry firearms under the authority of the employer, except |
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1 | as otherwise authorized to carry a firearm under State or | ||||||
2 | federal law. Sheriffs who are elected as of January 1, 2022 | ||||||
3 | ( the effective date of Public Act 101-652) this amendatory Act | ||||||
4 | of the 101st General Assembly, are exempt from the requirement | ||||||
5 | of certified status. Failure to be certified in accordance | ||||||
6 | with this Act shall cause the officer to forfeit the officer's | ||||||
7 | position. | ||||||
8 | An employing agency may not grant a person status as a law | ||||||
9 | enforcement officer unless the person has been granted an | ||||||
10 | active law enforcement officer certification by the Board. | ||||||
11 | (b) Inactive status. A person who has an inactive law | ||||||
12 | enforcement officer certification has no law enforcement | ||||||
13 | authority. | ||||||
14 | (1) A law enforcement officer's certification becomes | ||||||
15 | inactive upon termination, resignation, retirement, or | ||||||
16 | separation from the officer's employing law enforcement | ||||||
17 | agency for any reason. The Board shall re-activate a | ||||||
18 | certification upon written application from the law | ||||||
19 | enforcement officer's law enforcement agency that shows | ||||||
20 | the law enforcement officer: (i) has accepted a full-time | ||||||
21 | law enforcement position with that law enforcement agency, | ||||||
22 | (ii) is not the subject of a decertification proceeding, | ||||||
23 | and (iii) meets all other criteria for re-activation | ||||||
24 | required by the Board. The Board may also establish | ||||||
25 | special training requirements to be completed as a | ||||||
26 | condition for re-activation. |
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1 | The Board shall review a notice for reactivation from | ||||||
2 | a law enforcement agency and provide a response within 30 | ||||||
3 | days. The Board may extend this review. A law enforcement | ||||||
4 | officer shall be allowed to be employed as a full-time law | ||||||
5 | enforcement officer while the law enforcement officer | ||||||
6 | reactivation waiver is under review. | ||||||
7 | A law enforcement officer who is refused reactivation | ||||||
8 | or an employing agency of a law enforcement officer who is | ||||||
9 | refused reactivation under this Section may request a | ||||||
10 | hearing in accordance with the hearing procedures as | ||||||
11 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
12 | The Board may refuse to re-activate the certification | ||||||
13 | of a law enforcement officer who was involuntarily | ||||||
14 | terminated for good cause by an employing agency for | ||||||
15 | conduct subject to decertification under this Act or | ||||||
16 | resigned or retired after receiving notice of a law | ||||||
17 | enforcement agency's investigation. | ||||||
18 | (2) A law enforcement agency may place an officer who | ||||||
19 | is currently certified on inactive status by sending a | ||||||
20 | written request to the Board. A law enforcement officer | ||||||
21 | whose certificate has been placed on inactive status shall | ||||||
22 | not function as a law enforcement officer until the | ||||||
23 | officer has completed any requirements for reactivating | ||||||
24 | the certificate as required by the Board. A request for | ||||||
25 | inactive status in this subsection shall be in writing, | ||||||
26 | accompanied by verifying documentation, and shall be |
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1 | submitted to the Board with a copy to the chief | ||||||
2 | administrator of the law enforcement officer's current or | ||||||
3 | new employing agency. | ||||||
4 | (3) Certification that has become inactive under | ||||||
5 | paragraph (2) of this subsection (b) , shall be reactivated | ||||||
6 | by written notice from the law enforcement officer's | ||||||
7 | agency upon a showing that the law enforcement officer is : | ||||||
8 | (i) is employed in a full-time law enforcement position | ||||||
9 | with the same law enforcement agency , (ii) is not the | ||||||
10 | subject of a decertification proceeding, and (iii) meets | ||||||
11 | all other criteria for re-activation required by the | ||||||
12 | Board. | ||||||
13 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
14 | (b), a law enforcement officer whose certification has | ||||||
15 | become inactive under paragraph (2) may have the officer's | ||||||
16 | employing agency submit a request for a waiver of training | ||||||
17 | requirements to the Board in writing and accompanied by | ||||||
18 | any verifying documentation . . A grant of a waiver is | ||||||
19 | within the discretion of the Board. Within 7 days of | ||||||
20 | receiving a request for a waiver under this Section | ||||||
21 | section , the Board shall notify the law enforcement | ||||||
22 | officer and the chief administrator of the law enforcement | ||||||
23 | officer's employing agency, whether the request has been | ||||||
24 | granted, denied, or if the Board will take additional time | ||||||
25 | for information. A law enforcement agency , whose request | ||||||
26 | for a waiver under this subsection is denied , is entitled |
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1 | to request a review of the denial by the Board. The law | ||||||
2 | enforcement agency must request a review within 20 days of | ||||||
3 | the waiver being denied. The burden of proof shall be on | ||||||
4 | the law enforcement agency to show why the law enforcement | ||||||
5 | officer is entitled to a waiver of the legislatively | ||||||
6 | required training and eligibility requirements. | ||||||
7 | (c) No provision
of this Section shall be construed to | ||||||
8 | mean that a county corrections
officer employed by a | ||||||
9 | governmental agency at the time of the
effective date of this | ||||||
10 | amendatory Act, either as a probationary
county corrections | ||||||
11 | officer or as a permanent county corrections officer, shall
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12 | require certification under the provisions of this Section. No | ||||||
13 | provision of
this Section shall be construed to apply to | ||||||
14 | certification of elected county
sheriffs.
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15 | (d) Within 14 days, a law enforcement officer shall report | ||||||
16 | to the Board: (1) any name change; (2) any change in | ||||||
17 | employment; or (3) the filing of any criminal indictment or | ||||||
18 | charges against the officer alleging that the officer | ||||||
19 | committed any offense as enumerated in Section 6.1 of this | ||||||
20 | Act. | ||||||
21 | (e) All law enforcement officers must report the | ||||||
22 | completion of the training requirements required in this Act | ||||||
23 | in compliance with Section 8.4 of this Act. | ||||||
24 | (e-1) Each employing law enforcement agency shall allow | ||||||
25 | and provide an opportunity for a law enforcement officer to | ||||||
26 | complete the mandated requirements in this Act. All mandated |
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1 | training shall will be provided for at no cost to the | ||||||
2 | employees. Employees shall be paid for all time spent | ||||||
3 | attending mandated training. | ||||||
4 | (e-2) Each agency, academy, or training provider shall | ||||||
5 | maintain proof of a law enforcement officer's completion of | ||||||
6 | legislatively required training in a format designated by the | ||||||
7 | Board. The report of training shall be submitted to the Board | ||||||
8 | within 30 days following completion of the training. A copy of | ||||||
9 | the report shall be submitted to the law enforcement officer. | ||||||
10 | Upon receipt of a properly completed report of training, the | ||||||
11 | Board will make the appropriate entry into the training | ||||||
12 | records of the law enforcement officer. | ||||||
13 | (f) This Section does not apply to part-time law | ||||||
14 | enforcement officers or
probationary part-time law enforcement | ||||||
15 | officers.
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16 | (g) Notwithstanding any provision of law to the contrary, | ||||||
17 | the changes made to this Section by this amendatory Act of the | ||||||
18 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
19 | 102-28 , and Public Act 102-694 take effect July 1, 2022. | ||||||
20 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
21 | 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
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22 | (50 ILCS 705/8.2)
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23 | Sec. 8.2. Part-time law enforcement officers.
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24 | (a) A person hired to serve as a part-time law enforcement
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25 | officer must obtain from the Board a certificate (i) attesting |
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1 | to the officer's successful completion of the part-time police | ||||||
2 | training course; (ii)
attesting to the officer's satisfactory | ||||||
3 | completion of a training program of
similar content and number | ||||||
4 | of hours that has been found acceptable by the
Board under the | ||||||
5 | provisions of this Act; or (iii) a training waiver attesting | ||||||
6 | to the Board's
determination that the part-time police | ||||||
7 | training course is unnecessary because
of the person's | ||||||
8 | extensive prior law enforcement experience.
A person hired on | ||||||
9 | or after the effective date of this amendatory Act of the
92nd | ||||||
10 | General Assembly must obtain this certificate within 18 months | ||||||
11 | after the
initial date of hire as a probationary part-time law | ||||||
12 | enforcement officer in the State of
Illinois. The probationary | ||||||
13 | part-time law enforcement officer must be enrolled and
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14 | accepted into a Board-approved course within 6 months after | ||||||
15 | active employment
by any department in the State.
A person | ||||||
16 | hired
on or after January 1, 1996 and before the effective date | ||||||
17 | of this amendatory
Act of the 92nd General Assembly must | ||||||
18 | obtain this certificate within 18
months
after the date of | ||||||
19 | hire. A person hired before
January 1, 1996 must obtain this | ||||||
20 | certificate within 24 months after the
effective date of this | ||||||
21 | amendatory Act of 1995. Individuals who have completed a basic | ||||||
22 | law enforcement or correctional officer academy and obtained | ||||||
23 | certification in another state, or with an approved agency of | ||||||
24 | the federal government, may qualify for a waiver of this | ||||||
25 | training requirement and may be eligible for equivalency | ||||||
26 | certification in accordance with the eligibility requirements |
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| |||||||
1 | prescribed in the Board's administrative rules. Within 90 days | ||||||
2 | after the effective date of this amendatory Act of the 103rd | ||||||
3 | General Assembly, the Board shall adopt uniform rules for a | ||||||
4 | reciprocity training waiver and certification process.
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5 | The employing agency may seek an extension waiver from the | ||||||
6 | Board extending the period
for compliance. An extension waiver | ||||||
7 | shall be issued only for good and justifiable
reasons, and the | ||||||
8 | probationary part-time law enforcement officer may not | ||||||
9 | practice as a
part-time law enforcement
officer during the | ||||||
10 | extension waiver period. If training is
required and not | ||||||
11 | completed within the applicable time period, as extended by
| ||||||
12 | any waiver that may be granted, then the officer must forfeit | ||||||
13 | the officer's
position.
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14 | An individual who is not certified by the Board or whose | ||||||
15 | certified status is inactive shall not function as a law | ||||||
16 | enforcement officer, be assigned the duties of a law | ||||||
17 | enforcement officer by an agency, or be authorized to carry | ||||||
18 | firearms under the authority of the employer, except that | ||||||
19 | sheriffs who are elected are exempt from the requirement of | ||||||
20 | certified status. Failure to be in accordance with this Act | ||||||
21 | shall cause the officer to forfeit the officer's position. | ||||||
22 | (a-5) A part-time probationary law enforcement officer | ||||||
23 | shall be allowed to complete six months of a part-time police | ||||||
24 | training course and function as a law enforcement officer as | ||||||
25 | permitted by this subsection with a waiver from the Board, | ||||||
26 | provided the part-time law enforcement officer is still |
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1 | enrolled in the training course. If the part-time probationary | ||||||
2 | law enforcement officer withdraws from the course for any | ||||||
3 | reason or does not complete the course within the applicable | ||||||
4 | time period, as extended by any waiver that may be granted, | ||||||
5 | then the officer must forfeit the officer's position. A | ||||||
6 | probationary law enforcement officer must function under the | ||||||
7 | following rules: | ||||||
8 | (1) A law enforcement agency may not grant a person | ||||||
9 | status as a law enforcement officer unless the person has | ||||||
10 | been granted an active law enforcement officer | ||||||
11 | certification by the Board. | ||||||
12 | (2) A part-time probationary law enforcement officer | ||||||
13 | shall not be used as a permanent replacement for a | ||||||
14 | full-time law enforcement. | ||||||
15 | (3) A part-time probationary law enforcement officer | ||||||
16 | shall be directly supervised at all times by a Board | ||||||
17 | certified law enforcement officer. Direct supervision | ||||||
18 | requires oversight and control with the supervisor having | ||||||
19 | final decision-making authority as to the actions of the | ||||||
20 | recruit during duty hours. | ||||||
21 | (b) Inactive status. A person who has an inactive law | ||||||
22 | enforcement officer certification has no law enforcement | ||||||
23 | authority. | ||||||
24 | (1) A law enforcement officer's certification becomes | ||||||
25 | inactive upon termination, resignation, retirement, or | ||||||
26 | separation from the employing agency for any reason. The |
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1 | Board shall re-activate a certification upon written | ||||||
2 | application from the law enforcement officer's employing | ||||||
3 | agency that shows the law enforcement officer: (i) has | ||||||
4 | accepted a part-time law enforcement position with that a | ||||||
5 | law enforcement agency, (ii) is not the subject of a | ||||||
6 | decertification proceeding, and (iii) meets all other | ||||||
7 | criteria for re-activation required by the Board. | ||||||
8 | The Board may refuse to re-activate the certification | ||||||
9 | of a law enforcement officer who was involuntarily | ||||||
10 | terminated for good cause by the officer's employing | ||||||
11 | agency for conduct subject to decertification under this | ||||||
12 | Act or resigned or retired after receiving notice of a law | ||||||
13 | enforcement agency's investigation. | ||||||
14 | (2) A law enforcement agency may place an officer who | ||||||
15 | is currently certified on inactive status by sending a | ||||||
16 | written request to the Board. A law enforcement officer | ||||||
17 | whose certificate has been placed on inactive status shall | ||||||
18 | not function as a law enforcement officer until the | ||||||
19 | officer has completed any requirements for reactivating | ||||||
20 | the certificate as required by the Board. A request for | ||||||
21 | inactive status in this subsection shall be in writing, | ||||||
22 | accompanied by verifying documentation, and shall be | ||||||
23 | submitted to the Board by the law enforcement officer's | ||||||
24 | employing agency. | ||||||
25 | (3) Certification that has become inactive under | ||||||
26 | paragraph (2) of this subsection (b), shall be reactivated |
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1 | by written notice from the law enforcement officer's law | ||||||
2 | enforcement agency upon a showing that the law enforcement | ||||||
3 | officer is: (i) employed in a part-time law enforcement | ||||||
4 | position with the same law enforcement agency, (ii) not | ||||||
5 | the subject of a decertification proceeding, and (iii) | ||||||
6 | meets all other criteria for re-activation required by the | ||||||
7 | Board. The Board may also establish special training | ||||||
8 | requirements to be completed as a condition for | ||||||
9 | re-activation. | ||||||
10 | The Board shall review a notice for reactivation from | ||||||
11 | a law enforcement agency and provide a response within 30 | ||||||
12 | days. The Board may extend this review. A law enforcement | ||||||
13 | officer shall be allowed to be employed as a part-time law | ||||||
14 | enforcement officer while the law enforcement officer | ||||||
15 | reactivation waiver is under review. | ||||||
16 | A law enforcement officer who is refused reactivation | ||||||
17 | or an employing agency of a law enforcement officer who is | ||||||
18 | refused reactivation under this Section may request a | ||||||
19 | hearing in accordance with the hearing procedures as | ||||||
20 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
21 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
22 | law enforcement officer whose certification has become | ||||||
23 | inactive under paragraph (2) may have the officer's | ||||||
24 | employing agency submit a request for a waiver of training | ||||||
25 | requirements to the Board in writing and accompanied by | ||||||
26 | any verifying documentation. A grant of a waiver is within |
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| |||||||
1 | the discretion of the Board. Within 7 days of receiving a | ||||||
2 | request for a waiver under this section, the Board shall | ||||||
3 | notify the law enforcement officer and the chief | ||||||
4 | administrator of the law enforcement officer's employing | ||||||
5 | agency, whether the request has been granted, denied, or | ||||||
6 | if the Board will take additional time for information. A | ||||||
7 | law enforcement agency or law enforcement officer, whose | ||||||
8 | request for a waiver under this subsection is denied, is | ||||||
9 | entitled to request a review of the denial by the Board. | ||||||
10 | The law enforcement agency must request a review within 20 | ||||||
11 | days after the waiver being denied. The burden of proof | ||||||
12 | shall be on the law enforcement agency to show why the law | ||||||
13 | enforcement officer is entitled to a waiver of the | ||||||
14 | legislatively required training and eligibility | ||||||
15 | requirements.
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16 | (c) The part-time police training course referred to in | ||||||
17 | this Section
shall be of similar content and the same number of | ||||||
18 | hours as the courses for
full-time officers and
shall be | ||||||
19 | provided by
Mobile Team In-Service Training Units under the | ||||||
20 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
21 | Training Act or by another approved program
or facility in a | ||||||
22 | manner prescribed by the
Board.
| ||||||
23 | (d) Within 14 days, a law enforcement officer shall report | ||||||
24 | to the Board: (1) any name change; (2) any change in | ||||||
25 | employment; or (3) the filing of any criminal indictment or | ||||||
26 | charges against the officer alleging that the officer |
| |||||||
| |||||||
1 | committed any offense as enumerated in Section 6.1 of this | ||||||
2 | Act. | ||||||
3 | (e) All law enforcement officers must report the | ||||||
4 | completion of the training requirements required in this Act | ||||||
5 | in compliance with Section 8.4 of this Act. | ||||||
6 | (e-1) Each employing agency shall allow and provide an | ||||||
7 | opportunity for a law enforcement officer to complete the | ||||||
8 | requirements in this Act. All mandated training shall be | ||||||
9 | provided for at no cost to the employees. Employees shall be | ||||||
10 | paid for all time spent attending mandated training. | ||||||
11 | (e-2) Each agency, academy, or training provider shall | ||||||
12 | maintain proof of a law enforcement officer's completion of | ||||||
13 | legislatively required training in a format designated by the | ||||||
14 | Board. The report of training shall be submitted to the Board | ||||||
15 | within 30 days following completion of the training. A copy of | ||||||
16 | the report shall be submitted to the law enforcement officer. | ||||||
17 | Upon receipt of a properly completed report of training, the | ||||||
18 | Board will make the appropriate entry into the training | ||||||
19 | records of the law enforcement officer. | ||||||
20 | (f) For the purposes of this Section, the Board shall | ||||||
21 | adopt rules defining
what constitutes employment on a | ||||||
22 | part-time basis.
| ||||||
23 | (g) Notwithstanding any provision of law to the contrary, | ||||||
24 | the changes made to this Section by this amendatory Act of the | ||||||
25 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
26 | 1, 2022. |
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1 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)".
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