Bill Text: IL HB2923 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Illinois Police Training Act. In provisions requiring a law enforcement agency to report misconduct committed by the agency's police officers, provides that the chief administrator of the law enforcement agency may be brought before the Certification Review Panel if the law enforcement agency fails to comply with the provisions. Provides that, upon a recommendation of the Panel, the Illinois Law Enforcement Training Standards Board may suspend the chief administrator's law enforcement certification for a period of no less than 30 days. Allows the Board to bring a discretionary decertification action against the chief administrator for a second or subsequent violation of the provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Rules Committee [HB2923 Detail]

Download: Illinois-2025-HB2923-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2923

Introduced , by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:
50 ILCS 705/9.2

    Amends the Illinois Police Training Act. In provisions requiring a law enforcement agency to report misconduct committed by the agency's police officers, provides that the chief administrator of the law enforcement agency may be brought before the Certification Review Panel if the law enforcement agency fails to comply with the provisions. Provides that, upon a recommendation of the Panel, the Illinois Law Enforcement Training Standards Board may suspend the chief administrator's law enforcement certification for a period of no less than 30 days. Allows the Board to bring a discretionary decertification action against the chief administrator for a second or subsequent violation of the provisions. Effective immediately.
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A BILL FOR

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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 9.2 as follows:
6    (50 ILCS 705/9.2)
7    Sec. 9.2. Officer professional conduct database;
8transparency.
9    (a) All law enforcement agencies and the Illinois State
10Police shall notify the Board of any final determination of a
11willful violation of department, agency, or the Illinois State
12Police policy, official misconduct, or violation of law within
1310 days when:
14        (1) the determination leads to a suspension of at
15 least 10 days;
16        (2) any infraction that would trigger an official or
17 formal investigation under a law enforcement agency or the
18 Illinois State Police policy;
19        (3) there is an allegation of misconduct or regarding
20 truthfulness as to a material fact, bias, or integrity; or
21        (4) the officer resigns or retires during the course
22 of an investigation and the officer has been served notice
23 that the officer is under investigation.

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1    Agencies and the Illinois State Police may report to the
2Board any conduct they deem appropriate to disseminate to
3another law enforcement agency regarding a law enforcement
4officer.
5    The agency or the Illinois State Police shall report to
6the Board within 10 days of a final determination and final
7exhaustion of any administrative appeal, or the law
8enforcement officer's resignation or retirement, and shall
9provide information regarding the nature of the violation.
10This notification shall not necessarily trigger certification
11review.
12    If a law enforcement agency fails to comply with this
13subsection, then the chief administrator of the law
14enforcement agency may be brought before the Certification
15Review Panel. Upon a recommendation of the Certification
16Review Panel, the Board may suspend the chief administrator's
17law enforcement certification for a period of no less than 30
18days. The Board may bring a discretionary decertification
19action under Section 6.3 against the chief administrator for a
20second or subsequent violation of this subsection.    
21    A law enforcement agency and the Illinois State Police
22shall be immune from liability for a disclosure made as
23described in this subsection, unless the disclosure would
24constitute intentional misrepresentation or gross negligence.
25    (b) Within 14 days after receiving notification from a law
26enforcement agency or the Illinois State Police, the Board

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1must notify the law enforcement officer of the report and the
2officer's right to provide a statement regarding the reported
3violation. The law enforcement officer shall have 14 days from
4receiving notice to provide a written objection contesting
5information included in the agency's report. The objection
6must be filed with the Board on a form prescribed by the Board
7and a copy must be served on the law enforcement agency. The
8objection shall remain in the database with the reported
9violation.
10    (c) The Board shall maintain a database readily available
11to any chief administrative officer, or the officer's
12designee, of a law enforcement agency and the Illinois State
13Police that shall show for each law enforcement officer: (i)
14dates of certification, decertification, and inactive status;
15(ii) each sustained instance of departmental misconduct that
16lead to a suspension at least 10 days or any infraction that
17would trigger an official or formal investigation under the
18law enforcement agency policy, any allegation of misconduct
19regarding truthfulness as to a material fact, bias, or
20integrity, or any other reported violation, the nature of the
21violation, the reason for the final decision of discharge or
22dismissal, and any statement provided by the officer; (iii)
23date of separation from employment from any local or state law
24enforcement agency; (iv) the reason for separation from
25employment, including, but not limited to: whether the
26separation was based on misconduct or occurred while the law

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1enforcement agency was conducting an investigation of the
2certified individual for a violation of an employing agency's
3rules, policy or procedure or other misconduct or improper
4action.
5        (1) This database shall also be accessible to the
6 State's Attorney of any county in this State and the
7 Attorney General for the purpose of complying with
8 obligations under Brady v. Maryland (373 U.S. 83) or
9 Giglio v. United States (405 U.S. 150). This database
10 shall also be accessible to the chief administrative
11 officer of any law enforcement agency for the purposes of
12 hiring law enforcement officers. This database shall not
13 be accessible to anyone not listed in this subsection.
14        (2) Before a law enforcement agency may appoint a law
15 enforcement officer or a person seeking a certification as
16 a law enforcement officer in this State, the chief
17 administrative officer or designee must check the Officer
18 Professional Conduct Database, contact each person's
19 previous law enforcement employers, and document the
20 contact. This documentation must be available for review
21 by the Board for a minimum of five years after the law
22 enforcement officer's termination, retirement,
23 resignation or separation with that agency.
24        (3) The database, documents, materials, or other
25 information in the possession or control of the Board that
26 are obtained by or disclosed to the Board under this

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1 subsection shall be confidential by law and privileged,
2 shall not be subject to subpoena, and shall not be subject
3 to discovery or admissible in evidence in any private
4 civil action when sought from the Board. However, the
5 Board is authorized to use such documents, materials, or
6 other information in furtherance of any regulatory or
7 legal action brought as part of the Board's official
8 duties. The Board shall not disclose the database or make
9 such documents, materials, or other information it has
10 obtained or that has been disclosed to it to the public.
11 Neither the Board nor any person who received documents,
12 materials or other information shared under this
13 subsection shall be required to testify in any private
14 civil action concerning the database or any confidential
15 documents, materials, or information subject to this
16 subsection.
17    (d) The Board shall maintain a searchable database of law
18enforcement officers accessible to the public that shall
19include: (i) the law enforcement officer's employing agency;
20(ii) the date of the officer's initial certification and the
21officer's current certification status; and (iii) any
22sustained complaint of misconduct that resulted in
23decertification and the date thereof; provided, however, that
24information shall not be included in the database that would
25allow the public to ascertain the home address of an officer or
26another person; provided further, that information regarding

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1an officer's or another person's family member shall not be
2included in the database. The Board shall make the database
3publicly available on its website.
4    (e) The Board shall maintain a searchable database of all
5completed investigations against law enforcement officers
6related to decertification. The database shall identify each
7law enforcement officer by a confidential and anonymous number
8and include: (i) the law enforcement officer's employing
9agency; (ii) the date of the incident referenced in the
10complaint; (iii) the location of the incident; (iv) the race
11and ethnicity of each officer involved in the incident; (v)
12the age, gender, race and ethnicity of each person involved in
13the incident, if known; (vi) whether a person in the
14complaint, including a law enforcement officer, was injured,
15received emergency medical care, was hospitalized or died as a
16result of the incident; (vii) the law enforcement agency or
17other entity assigned to conduct an investigation of the
18incident; (viii) when the investigation was completed; (ix)
19whether the complaint was sustained; and (x) the type of
20misconduct investigated; provided, however, that the Board
21shall redact or withhold such information as necessary to
22prevent the disclosure of the identity of an officer. The
23Board shall make the database publicly available on its
24website.
25    (e-1) An investigation is complete when the investigation
26has either been terminated or the decertification action,

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1including the administrative review process, has been
2completed, whichever is later.
3    (e-2) At any time, a law enforcement officer shall have
4access to the law enforcement officer's own records on file
5with the Board, as it pertains to the databases in this
6Section.
7    (f) Annual report. The Board shall submit an annual report
8to the Governor, Attorney General, President and Minority
9Leader of the Senate, and the Speaker and Minority Leader of
10the House of Representatives on or before March 1, 2023, and
11every year thereafter indicating:
12        (1) the number of complaints received in the preceding
13 calendar year, including but not limited to the race,
14 gender, and type of discretionary decertification
15 complaints received;
16        (2) the number of investigations initiated in the
17 preceding calendar year since the date of the last report;
18        (3) the number of investigations concluded in the
19 preceding calendar year;
20        (4) the number of investigations pending as of the
21 last date of the preceding calendar year;
22        (5) the number of hearings held in the preceding
23 calendar year; and
24        (6) the number of officers decertified in the
25 preceding calendar year.
26    The annual report shall be publicly available on the

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1website of the Board.
2    (g) Nothing in this Section shall exempt a law enforcement
3agency from which the Board has obtained data, documents,
4materials, or other information or that has disclosed data,
5documents, materials, or other information to the Board from
6disclosing public records in accordance with the Freedom of
7Information Act.
8    (h) Notwithstanding any provision of law to the contrary,
9the changes made to this Section by this amendatory Act of the
10102nd General Assembly and Public Act 101-652 take effect July
111, 2022.
12(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.
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