Bill Text: IL HB1089 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1089 Detail]

Download: Illinois-2023-HB1089-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1089 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
5 ILCS 315/4 from Ch. 48, par. 1604
50 ILCS 705/7
720 ILCS 5/24-2
Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.
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A BILL FOR
HB1089 LRB103 04854 RLC 49864 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Peace
Officer Accountability Act.
Section 5. Legislative findings. The General Assembly
finds that:
(1) The United States Department of Justice has found
reasonable cause to believe that the Chicago Police Department
engages in a pattern or practice of using force, including
deadly force, in violation of the Fourth Amendment of the
United States Constitution.
(2) The Department found that Chicago Police Department
officers' practices unnecessarily endanger themselves and
result in unnecessary and avoidable uses of force.
(3) The pattern or practice results from systemic
deficiencies in training and accountability, including the
failure to train officers in de-escalation and the failure to
conduct meaningful investigations of uses of force.
(4) A law codifying the suggestions of the United States
Department of Justice for the Chicago Police Department and
applying to all police departments in this State could aid in
improving those departments.

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Section 10. Definitions. As used in this Act:
"Department" means a municipal police department or office
of the county sheriff.
"Exclusive representative" has the meaning ascribed to it
in Section 3 of the Illinois Public Labor Relations Act.
"Liability insurance" means insurance on risks based upon
negligence by a peace officer.
"Peace officer" has the meaning ascribed to it in Section
2-13 of the Criminal Code of 2012; except that the term is
limited to peace officers employed by a municipality or county
sheriff.
"Unethical conduct" means non-criminal conduct that
violates department rules or procedures or violates ordinances
concerning peace officer conduct.
"Unit of government" means a municipality with respect to
peace officers employed by the municipality and the county
with respect to peace officers employed by the county sheriff.
"Unlawful conduct" means conduct that violates the penal
statutes of this State or criminal conduct proscribed by
ordinance of the unit of government.
Section 15. Peace officer firearms requirement. Before a
peace officer is permitted to carry a firearm in the unit of
government in which he or she is employed, the peace officer
must either:

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(1) live in the unit of government in which he or she
serves; or
(2) complete either:
(A) 200 hours of volunteer work in the unit of
government in which he or she shall be serving; or
(B) 200 hours of specified training related to the
unit of government in which he or she shall be serving, or
any combination of volunteer work and training.
Section 20. Liability insurance. In addition to the
indemnity provided to peace officers by the unit of government
under Section 5-1002 of the Counties Code or under Section
1-4-5 or 1-4-6 of the Illinois Municipal Code, the unit of
government shall require each peace officer employed by the
unit of government before entering upon the officer's duties
to have a liability insurance policy to indemnify the unit of
government which employs the officer for any negligence
committed by the officer in the performance of his or her
duties.
Section 25. Promotions; transparency. Promotions of peace
officers shall be transparent. The public shall have access to
all documents concerning promotions, which documents are
subject to disclosure under the Freedom of Information Act.
Section 30. Peace officer report of unlawful and unethical

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conduct to internal affairs. Each peace officer, before
discharging his or her duties as a peace officer, shall sign an
affidavit declaring that he or she will report all unethical
and unlawful conduct of other peace officers immediately to
the internal affairs division of the department. The affidavit
shall be a public record subject to disclosure under the
Freedom of Information Act.
Section 35. Unconstitutional contracts and collective
bargaining agreements prohibited. The exclusive representative
of a peace officer bargaining unit may not enter into a
contract or collective bargaining agreement with the
department that permits unconstitutional conduct by peace
officers.
Section 100. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying

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library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or

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obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even

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if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act, except information required
to be disclosed under Section 25 of the Peace Officer
Accountability Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released

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from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under

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Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.

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(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under

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Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois

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Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera

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Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) (fff) Information prohibited from disclosure
under paragraph (3) of subsection (a) of Section 14 of the
Nurse Agency Licensing Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
Section 105. The Illinois Public Labor Relations Act is
amended by changing Section 4 as follows:
(5 ILCS 315/4) (from Ch. 48, par. 1604)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 4. Management Rights; Unconstitutional Peace Officer
Conduct. Employers shall not be required to bargain over
matters of inherent managerial policy, which shall include
such areas of discretion or policy as the functions of the
employer, standards of services, its overall budget, the

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organizational structure and selection of new employees,
examination techniques and direction of employees. Employers,
however, shall be required to bargain collectively with regard
to policy matters directly affecting wages, hours and terms
and conditions of employment as well as the impact thereon
upon request by employee representatives.
The exclusive representative of a peace officer unit and
an employer may not bargain over matters that would permit
peace officer conduct that would violate the Constitution of
the United States or this State and any agreement that would
permit peace officer conduct that would violate the
Constitution of the United States or this State is void.
To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about
which they have bargained for and agreed to in a collective
bargaining agreement prior to the effective date of this Act.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General

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Assembly shall be construed to intrude upon the judicial
functions of any court. This amendatory Act of the 94th
General Assembly applies only to nonjudicial administrative
matters relating to the collective bargaining rights of court
reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
Section 110. The Illinois Police Training Act is amended
by changing Section 7 as follows:
(50 ILCS 705/7)
(Text of Section before amendment by P.A. 102-982)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil
rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory

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enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural
perceptions and common myths of sexual assault and sexual

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abuse as well as interview techniques that are age
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress
experienced by law enforcement officers that is consistent
with Section 25 of the Illinois Mental Health First Aid
Training Act in a peer setting, including recognizing
signs and symptoms of work-related cumulative stress,
issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other
developmental disabilities. The curriculum shall include

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training in the detection and investigation of all forms
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for probationary law enforcement officers shall include:
(1) at least 12 hours of hands-on, scenario-based
role-playing; (2) at least 6 hours of instruction on use
of force techniques, including the use of de-escalation
techniques to prevent or reduce the need for force
whenever safe and feasible; (3) specific training on
officer safety techniques, including cover, concealment,
and time; and (4) at least 6 hours of training focused on
high-risk traffic stops. The curriculum for permanent law
enforcement officers shall include, but not be limited to:
(1) refresher and in-service training in any of the
courses listed above in this subparagraph, (2) advanced
courses in any of the subjects listed above in this
subparagraph, (3) training for supervisory personnel, and

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(4) specialized training in subjects and fields to be
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary law enforcement officers, including
University police officers. The curriculum shall also
include training on the use of a firearms restraining
order by providing instruction on the process used to file
a firearms restraining order and how to identify
situations in which a firearms restraining order is
appropriate.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a

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probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training
course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act

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89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, reporting child abuse
and neglect, and cultural competency, including implicit
bias and racial and ethnic sensitivity. These trainings
shall consist of at least 30 hours of training every 3
years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include law
updates, emergency medical response training and

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certification, crisis intervention training, and officer
wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
Notwithstanding any provision of law to the contrary, the
changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28 take effect July 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary law enforcement
officers which shall be offered by all certified schools
shall include, but not be limited to, courses of
procedural justice, arrest and use and control tactics,
search and seizure, including temporary questioning, civil

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rights, human rights, human relations, cultural
competency, including implicit bias and racial and ethnic
sensitivity, 20 hours of race relations training,
acquaintance with the youth residing in the unit of
government in which the officers will serve, when
discharging a firearm, the avoidance of the use of deadly
force except when necessary to protect the life of the
officer and on methods of using less than deadly force to
disarm a suspect, criminal law, law of criminal procedure,
constitutional and proper use of law enforcement
authority, crisis intervention training, vehicle and
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and crash investigation, techniques of obtaining physical
evidence, court testimonies, statements, reports, firearms
training, training in the use of electronic control
devices, including the psychological and physiological
effects of the use of those devices on humans, first-aid
(including cardiopulmonary resuscitation), training in the
administration of opioid antagonists as defined in
paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act, handling of juvenile
offenders, recognition of mental conditions and crises,
including, but not limited to, the disease of addiction,
which require immediate assistance and response and
methods to safeguard and provide assistance to a person in

HB1089 - 24 - LRB103 04854 RLC 49864 b
need of mental treatment, recognition of abuse, neglect,
financial exploitation, and self-neglect of adults with
disabilities and older adults, as defined in Section 2 of
the Adult Protective Services Act, crimes against the
elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the
high-speed chase, and physical training. The curriculum
shall include specific training in techniques for
immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and
children, including cultural perceptions and common myths
of sexual assault and sexual abuse as well as interview
techniques that are age sensitive and are trauma informed,
victim centered, and victim sensitive. The curriculum
shall include training in techniques designed to promote
effective communication at the initial contact with crime
victims and ways to comprehensively explain to victims and
witnesses their rights under the Rights of Crime Victims
and Witnesses Act and the Crime Victims Compensation Act.
The curriculum shall also include training in effective
recognition of and responses to stress, trauma, and
post-traumatic stress experienced by law enforcement
officers that is consistent with Section 25 of the
Illinois Mental Health First Aid Training Act in a peer
setting, including recognizing signs and symptoms of
work-related cumulative stress, issues that may lead to

HB1089 - 25 - LRB103 04854 RLC 49864 b
suicide, and solutions for intervention with peer support
resources. The curriculum shall include a block of
instruction addressing the mandatory reporting
requirements under the Abused and Neglected Child
Reporting Act. The curriculum shall also include a block
of instruction aimed at identifying and interacting with
persons with autism and other developmental or physical
disabilities, reducing barriers to reporting crimes
against persons with autism, and addressing the unique
challenges presented by cases involving victims or
witnesses with autism and other developmental
disabilities. The curriculum shall include training in the
detection and investigation of all forms of human
trafficking. The curriculum shall also include instruction
in trauma-informed responses designed to ensure the
physical safety and well-being of a child of an arrested
parent or immediate family member; this instruction must
include, but is not limited to: (1) understanding the
trauma experienced by the child while maintaining the
integrity of the arrest and safety of officers, suspects,
and other involved individuals; (2) de-escalation tactics
that would include the use of force when reasonably
necessary; and (3) inquiring whether a child will require
supervision and care. The curriculum for probationary law
enforcement officers shall include: (1) at least 12 hours
of hands-on, scenario-based role-playing; (2) at least 6

HB1089 - 26 - LRB103 04854 RLC 49864 b
hours of instruction on use of force techniques, including
the use of de-escalation techniques to prevent or reduce
the need for force whenever safe and feasible; (3)
specific training on officer safety techniques, including
cover, concealment, and time; and (4) at least 6 hours of
training focused on high-risk traffic stops. The
curriculum for permanent law enforcement officers shall
include, but not be limited to: (1) refresher and
in-service training in any of the courses listed above in
this subparagraph, (2) advanced courses in any of the
subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The
training in the use of electronic control devices shall be
conducted for probationary law enforcement officers,
including University police officers. The curriculum shall
also include training on the use of a firearms restraining
order by providing instruction on the process used to file
a firearms restraining order and how to identify
situations in which a firearms restraining order is
appropriate.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary law enforcement officer must satisfactorily

HB1089 - 27 - LRB103 04854 RLC 49864 b
complete before being eligible for permanent employment as
a local law enforcement officer for a participating local
governmental or State governmental agency. Those
requirements shall include training in first aid
(including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training
course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is

HB1089 - 28 - LRB103 04854 RLC 49864 b
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete every

HB1089 - 29 - LRB103 04854 RLC 49864 b
3 years. Those requirements shall include constitutional
and proper use of law enforcement authority, procedural
justice, civil rights, human rights, reporting child abuse
and neglect, and cultural competency, including implicit
bias and racial and ethnic sensitivity. These trainings
shall consist of at least 30 hours of training every 3
years.
h. Minimum in-service training requirements, which a
law enforcement officer must satisfactorily complete at
least annually. Those requirements shall include 20 hours
of race relations training, constitutional methods of the
use of force, law updates, emergency medical response
training and certification, crisis intervention training,
and officer wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
Notwithstanding any provision of law to the contrary, the
changes made to this Section by this amendatory Act of the
102nd General Assembly, Public Act 101-652, and Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

HB1089 - 30 - LRB103 04854 RLC 49864 b
1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
revised 8-11-22.)
Section 115. The Criminal Code of 2012 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer,
subject to the provisions of Section 15 of the Peace
Officer Accountability Act.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.

HB1089 - 31 - LRB103 04854 RLC 49864 b
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 28 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the

HB1089 - 32 - LRB103 04854 RLC 49864 b
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial
and Professional Regulation, consisting of not less than
48 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this

HB1089 - 33 - LRB103 04854 RLC 49864 b
exemption if he or she has completed the required 20 hours
of training for a security officer and 28 hours of
required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the

HB1089 - 34 - LRB103 04854 RLC 49864 b
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 48 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 28 hours of required firearm
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes
of this subsection, "financial institution" means a bank,
savings and loan association, credit union or company
providing armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace

HB1089 - 35 - LRB103 04854 RLC 49864 b
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear

HB1089 - 36 - LRB103 04854 RLC 49864 b
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer or a current or retired deputy, county correctional
officer, or correctional officer of the Department of
Corrections qualified under the laws of this State or under
the federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers, or fishermen while engaged in

HB1089 - 37 - LRB103 04854 RLC 49864 b
lawful hunting, trapping, or fishing under the provisions
of the Wildlife Code or the Fish and Aquatic Life Code.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that
person's permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or

HB1089 - 38 - LRB103 04854 RLC 49864 b
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the
lawful scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.

HB1089 - 39 - LRB103 04854 RLC 49864 b
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(B) the person is an active member of a bona fide,
nationally recognized military re-enacting group and the
modification is required and necessary to accurately
portray the weapon for historical re-enactment purposes;
the re-enactor is in possession of a valid and current
re-enacting group membership credential; and the overall
length of the weapon as modified is not less than 26
inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a
peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or

HB1089 - 40 - LRB103 04854 RLC 49864 b
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use
in silencing the report of any firearm, firearms, or

HB1089 - 41 - LRB103 04854 RLC 49864 b
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.

HB1089 - 42 - LRB103 04854 RLC 49864 b
(g-10) (Blank).
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the
subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
12-14-22.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by

HB1089 - 43 - LRB103 04854 RLC 49864 b
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.