Bill Text: IL HB4046 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois State Police Act. Modifies the definition of "duty to intervene" in provisions regarding discretionary termination of Illinois State Police officers. Provides that a member of the Illinois State Police shall not discipline or retaliate in any way against an officer for exercising the officer's duty to intervene, for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive. Amends the Illinois Police Training Act making similar changes to the changes made to the Illinois State Police Act, except that the Law Enforcement Training Standards Board must adopt rules prohibiting members of law enforcement agencies from retaliating. Further amends the Illinois Police Training Act removing language providing that an individual has no property interest in law enforcement certification at the time of initial certification or at any time thereafter, including, but not limited to, after decertification or after the officer's certification has been deemed inactive. Amends the Local Records Act. Provides that records of automatic expungement of misconduct records where an officer has been found not to have committed any wrong doing or the complaint was found to be frivolous shall be permanently retained and may not be destroyed. Amends the Intergovernmental Law Enforcement Officer's In-Service Training Act. Repeals provisions allowing a person to file notice of an anonymous complaint to the Illinois Law Enforcement Training Standards Board of any conduct the person believes a law enforcement officer has committed.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2023-05-02 - Added Co-Sponsor Rep. Martin McLaughlin [HB4046 Detail]

Download: Illinois-2023-HB4046-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4046 Introduced , by Rep. John M. Cabello - Patrick Windhorst SYNOPSIS AS INTRODUCED:
20 ILCS 2610/12.7
20 ILCS 2610/12.8 new
50 ILCS 205/25
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.3
50 ILCS 705/6.7
50 ILCS 727/1-35 rep.
Amends the Illinois State Police Act. Modifies the definition of "duty to intervene" in provisions regarding discretionary termination of Illinois State Police officers. Provides that a member of the Illinois State Police shall not discipline or retaliate in any way against an officer for exercising the officer's duty to intervene, for reporting unconstitutional or unlawful conduct, or for failing to follow what the officer reasonably believes is an unconstitutional or unlawful directive. Amends the Illinois Police Training Act making similar changes to the changes made to the Illinois State Police Act, except that the Law Enforcement Training Standards Board must adopt rules prohibiting members of law enforcement agencies from retaliating. Further amends the Illinois Police Training Act removing language providing that an individual has no property interest in law enforcement certification at the time of initial certification or at any time thereafter, including, but not limited to, after decertification or after the officer's certification has been deemed inactive. Amends the Local Records Act. Provides that records of automatic expungement of misconduct records where an officer has been found not to have committed any wrong doing or the complaint was found to be frivolous shall be permanently retained and may not be destroyed. Amends the Intergovernmental Law Enforcement Officer's In-Service Training Act. Repeals provisions allowing a person to file notice of an anonymous complaint to the Illinois Law Enforcement Training Standards Board of any conduct the person believes a law enforcement officer has committed.
LRB103 31719 AWJ 60300 b
A BILL FOR
HB4046 LRB103 31719 AWJ 60300 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois State Police Act is amended by
changing Section 12.7 and by adding Section 12.8 as follows:
(20 ILCS 2610/12.7)
Sec. 12.7. Discretionary termination of Illinois State
Police officers.
(a) Definitions. For purposes of this Section 12.7:
"Duty to intervene" means the affirmative duty of an
officer who has an opportunity to intervene to: (i) intervene
to prevent or stop another officer in his or her presence from
using any unauthorized force or force that exceeds the degree
of force permitted, if any, without regard for chain of
command; and (ii) report an intervention under item (i) no
later than 5 days after the incident to the person designated
or identified by the Director in a manner prescribed by the
Director, including the date, time, and place of the
occurrence; the identity, if known, and description of the
participants; and a description of the intervention actions
taken and whether they were successful. an obligation to
intervene to prevent harm from occurring that arises when an
officer is present and has reason to know:

HB4046 - 2 - LRB103 31719 AWJ 60300 b
(1) that excessive force is being used; or
(2) that any constitutional violation has been
committed by a law enforcement official; and the officer
has a realistic opportunity to intervene.
This duty applies equally to supervisory and
nonsupervisory officers. If aid is required, the officer
shall not, when reasonable to administer aid, knowingly
and willingly refuse to render aid as defined by State or
federal law. An officer does not violate this duty if the
failure to render aid is due to circumstances such as lack
of appropriate specialized training, lack of resources or
equipment, or both, or if it is unsafe or impracticable to
render aid.
"Excessive use of force" means using force in violation of
State or federal law.
"False statement" means:
(1) any knowingly false statement provided on a form
or report;
(2) that the writer does not believe to be true; and
(3) that the writer includes to mislead a public
servant in performing that public servant's official
functions.
"Perjury" has the meaning as defined under Sections 32-2
and 32-3 of the Criminal Code of 2012.
"Tampers with or fabricates evidence" means if a law
enforcement officer:

HB4046 - 3 - LRB103 31719 AWJ 60300 b
(1) has reason to believe that an official proceeding
is pending or may be instituted; and
(2) alters, destroys, conceals, or removes any record,
document, data, video or thing to impair its validity or
availability in the proceeding.
(b) Discretionary termination conduct. The Board may
terminate an Illinois State Police officer upon a
determination by the Board that the Illinois State Police
officer has:
(1) committed an act that would constitute a felony or
misdemeanor which could serve as basis for automatic
decertification, whether or not the law enforcement
officer was criminally prosecuted, and whether or not the
law enforcement officer's employment was terminated;
(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
intervene, including through acts or omission;
(4) tampered with a dash camera or body-worn camera or
data recorded by a dash camera or body-worn camera or
directed another to tamper with or turn off a dash camera
or body-worn camera or data recorded by a dash camera or
body-worn camera for the purpose of concealing, destroying
or altering potential evidence;
(5) engaged in the following conduct relating to the
reporting, investigation, or prosecution of a crime:
committed perjury, made a false statement, or knowingly

HB4046 - 4 - LRB103 31719 AWJ 60300 b
tampered with or fabricated evidence;
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public; such conduct or practice need not have
resulted in actual injury to any person. As used in this
paragraph, the term "unprofessional conduct" shall include
any departure from, or failure to conform to, the minimal
standards of acceptable and prevailing practice of an
officer.
(c) If an officer enters a plea of guilty, nolo
contendere, stipulates to the facts or is found guilty of a
violation of any law, or if there is any other Board or
judicial determination that will support any punitive measure
taken against the officer, such action by the officer or
judicial entity may be considered for the purposes of this
Section. Termination under this Section shall be by clear and
convincing evidence. If the Board votes to terminate, the
Board shall put its decision in writing, setting forth the
specific reasons for its decision. Final decisions under this
Section are reviewable under the Administrative Review Law.
(d) The Illinois State Police Merit Board shall report all
terminations under this Section to the Officer Professional
Conduct Database provided in Section 9.2 of the Illinois
Police Training Act.
(e) Nothing in this Act shall require an Illinois State
Police officer to waive any applicable constitutional rights.

HB4046 - 5 - LRB103 31719 AWJ 60300 b
(f) Nothing in this Section shall prohibit the Merit Board
from administering discipline up to and including termination
for violations of Illinois State Police policies and
procedures pursuant to other Sections of this Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
(20 ILCS 2610/12.8 new)
Sec. 12.8. Retaliation against an officer. A member of the
Illinois State Police shall not discipline or retaliate in any
way against an officer for exercising the officer's duty to
intervene, as that term is defined in Section 12.7, for
reporting unconstitutional or unlawful conduct, or for failing
to follow what the officer reasonably believes is an
unconstitutional or unlawful directive.
Section 10. The Local Records Act is amended by changing
Section 25 as follows:
(50 ILCS 205/25)
Sec. 25. Police misconduct records. Notwithstanding any
other provision of law to the contrary, all public records and
nonpublic records related to complaints, investigations, and
adjudications of police misconduct and records related to
automatic expungement of misconduct records where an officer
has been found not to have committed any wrong doing or the
complaint was found to be frivolous shall be permanently

HB4046 - 6 - LRB103 31719 AWJ 60300 b
retained and may not be destroyed.
(Source: P.A. 101-652, eff. 7-1-21.)
Section 15. The Illinois Police Training Act is amended by
changing Sections 6, 6.3, and 6.7 as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify
schools within the State of Illinois for the purpose of
providing basic training for probationary law enforcement
officers, probationary county corrections officers, and court
security officers and of providing advanced or in-service
training for permanent law enforcement officers or permanent
county corrections officers, which schools may be either
publicly or privately owned and operated. In addition, the
Board has the following power and duties:
a. To require law enforcement agencies to furnish such
reports and information as the Board deems necessary to
fully implement this Act.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
law enforcement officers.
c. To provide appropriate certification to those

HB4046 - 7 - LRB103 31719 AWJ 60300 b
probationary officers who successfully complete the
prescribed minimum standard basic training course.
d. To review and approve annual training curriculum
for county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of, found guilty of, entered a plea of guilty
to, or entered a plea of nolo contendere to a felony
offense, any of the misdemeanors in Sections 11-1.50,
11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
violation of any Section of Part E of Title III of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude, or any felony or
misdemeanor in violation of federal law or the law of any
state that is the equivalent of any of the offenses
specified therein. The Board may appoint investigators who
shall enforce the duties conferred upon the Board by this
Act.

HB4046 - 8 - LRB103 31719 AWJ 60300 b
For purposes of this paragraph e, a person is
considered to have been convicted of, found guilty of, or
entered a plea of guilty to, plea of nolo contendere to
regardless of whether the adjudication of guilt or
sentence is withheld or not entered thereon. This includes
sentences of supervision, conditional discharge, or first
offender probation, or any similar disposition provided
for by law.
f. To establish statewide standards for minimum
standards regarding regular mental health screenings for
probationary and permanent police officers, ensuring that
counseling sessions and screenings remain confidential.
g. To review and ensure all law enforcement officers
remain in compliance with this Act, and any administrative
rules adopted under this Act.
h. To suspend any certificate for a definite period,
limit or restrict any certificate, or revoke any
certificate.
i. The Board and the Panel shall have power to secure
by its subpoena and bring before it any person or entity in
this State and to take testimony either orally or by
deposition or both with the same fees and mileage and in
the same manner as prescribed by law in judicial
proceedings in civil cases in circuit courts of this
State. The Board and the Panel shall also have the power to
subpoena the production of documents, papers, files,

HB4046 - 9 - LRB103 31719 AWJ 60300 b
books, documents, and records, whether in physical or
electronic form, in support of the charges and for
defense, and in connection with a hearing or
investigation.
j. The Executive Director, the administrative law
judge designated by the Executive Director, and each
member of the Board and the Panel shall have the power to
administer oaths to witnesses at any hearing that the
Board is authorized to conduct under this Act and any
other oaths required or authorized to be administered by
the Board under this Act.
k. In case of the neglect or refusal of any person to
obey a subpoena issued by the Board and the Panel, any
circuit court, upon application of the Board and the
Panel, through the Illinois Attorney General, may order
such person to appear before the Board and the Panel give
testimony or produce evidence, and any failure to obey
such order is punishable by the court as a contempt
thereof. This order may be served by personal delivery, by
email, or by mail to the address of record or email address
of record.
l. The Board shall have the power to administer state
certification examinations. Any and all records related to
these examinations, including, but not limited to, test
questions, test formats, digital files, answer responses,
answer keys, and scoring information shall be exempt from

HB4046 - 10 - LRB103 31719 AWJ 60300 b
disclosure.
m. To make grants, subject to appropriation, to units
of local government and public institutions of higher
education for the purposes of hiring and retaining law
enforcement officers.
n. To make rules that must be followed by each law
enforcement agency prohibiting a member of a law
enforcement agency from disciplining or retaliating in any
way against a law enforcement officer for exercising the
officer's duty to intervene, as that term is defined in
Section 6.3, for reporting unconstitutional or unlawful
conduct, or for failing to follow what the officer
reasonably believes is an unconstitutional or unlawful
directive.
(Source: P.A. 101-187, 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; 102-687, eff. 12-17-21; 102-694, eff.
1-7-22; 102-1115, eff. 1-9-23.)
(50 ILCS 705/6.3)
Sec. 6.3. Discretionary decertification of full-time and
part-time law enforcement officers.
(a) Definitions. For purposes of this Section 6.3:
"Duty to intervene" means the affirmative duty of an
officer who has an opportunity to intervene to: (i) intervene
to prevent or stop another officer in his or her presence from

HB4046 - 11 - LRB103 31719 AWJ 60300 b
using any unauthorized force or force that exceeds the degree
of force permitted, if any, without regard for chain of
command; and (ii) report an intervention under item (i) no
later than 5 days after the incident to the person designated
or identified by the law enforcement agency in a manner
prescribed by the agency, including the date, time, and place
of the occurrence; the identity, if known, and description of
the participants; and a description of the intervention
actions taken and whether they were successful. an obligation
to intervene to prevent harm from occurring that arises when:
an officer is present, and has reason to know (1) that
excessive force is being used or that any constitutional
violation has been committed by a law enforcement official;
and (2) the officer has a realistic opportunity to intervene.
This duty applies equally to supervisory and nonsupervisory
officers. If aid is required, the officer shall not, when
reasonable to administer aid, knowingly and willingly refuse
to render aid as defined by State or federal law. An officer
does not violate this duty if the failure to render aid is due
to circumstances such as lack of appropriate specialized
training, lack of resources or equipment, or if it is unsafe or
impracticable to render aid.
"Excessive use of force" means using force in violation of
State or federal law.
"False statement" means (1) any knowingly false statement
provided on a form or report, (2) that the writer does not

HB4046 - 12 - LRB103 31719 AWJ 60300 b
believe to be true, and (3) that the writer includes to mislead
a public servant in performing the public servant's official
functions.
"Perjury" means that as defined under Sections 32-2 and
32-3 of the Criminal Code of 2012.
"Tampers with or fabricates evidence" means if a law
enforcement officer (1) has reason to believe that an official
proceeding is pending or may be instituted, and (2) alters,
destroys, conceals, or removes any record, document, data,
video or thing to impair its validity or availability in the
proceeding.
(b) Decertification conduct. The Board has the authority
to decertify a full-time or a part-time law enforcement
officer upon a determination by the Board that the law
enforcement officer has:
(1) committed an act that would constitute a felony or
misdemeanor which could serve as basis for automatic
decertification, whether or not the law enforcement
officer was criminally prosecuted, and whether or not the
law enforcement officer's employment was terminated;
(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
intervene, including through acts or omissions;
(4) tampered with a dash camera or body-worn camera or
data recorded by a dash camera or body-worn camera or
directed another to tamper with or turn off a dash camera

HB4046 - 13 - LRB103 31719 AWJ 60300 b
or body-worn camera or data recorded by a dash camera or
body-worn camera for the purpose of concealing, destroying
or altering potential evidence;
(5) engaged in the following conduct relating to the
reporting, investigation, or prosecution of a crime:
committed perjury, made a false statement, or knowingly
tampered with or fabricated evidence; and
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public; such conduct or practice need not have
resulted in actual injury to any person. As used in this
paragraph, the term "unprofessional conduct" shall include
any departure from, or failure to conform to, the minimal
standards of acceptable and prevailing practice of an
officer.
(b-5) The Board has the authority to decertify a full-time
or part-time law enforcement officer notwithstanding whether a
law enforcement agency takes disciplinary action against a law
enforcement officer for the same underlying conduct as
outlined in subsection (b).
(c) Notice of Alleged Violation.
(1) The following individuals and agencies shall
notify the Board within 7 days of becoming aware of any
violation described in subsection (b):
(A) A law enforcement agency as defined in Section
2 or any law enforcement officer of this State. For

HB4046 - 14 - LRB103 31719 AWJ 60300 b
this subsection (c), law enforcement agency includes,
but is not limited to, a civilian review board, an
inspector general, and legal counsel for a law
enforcement agency.
(B) The Executive Director of the Board;
(C) A State's Attorney's Office of this State.
"Becoming aware" does not include confidential
communications between agency lawyers and agencies
regarding legal advice. For purposes of this subsection,
"law enforcement agency" does not include the Illinois
Attorney General when providing legal representation to a
law enforcement officer under the State Employee
Indemnification Act.
(2) Any person may also notify the Board of any
conduct the person believes a law enforcement officer has
committed as described in subsection (b). Such
notifications may be made confidentially. Notwithstanding
any other provision in state law or any collective
bargaining agreement, the Board shall accept notice and
investigate any allegations from individuals who remain
confidential.
(3) Upon written request, the Board shall disclose to
the individual or entity who filed a notice of violation
the status of the Board's review.
(d) Form. The notice of violation reported under
subsection (c) shall be on a form prescribed by the Board in

HB4046 - 15 - LRB103 31719 AWJ 60300 b
its rules. The form shall be publicly available by paper and
electronic means. The form shall include fields for the
following information, at a minimum:
(1) the full name, address, and telephone number of
the person submitting the notice;
(2) if submitted under subsection (c)(1), the agency
name and title of the person submitting the notice;
(3) the full name, badge number, employing agency, and
physical description of the officer, if known;
(4) the full name or names, address or addresses,
telephone number or numbers, and physical description or
descriptions of any witnesses, if known;
(5) a concise statement of facts that describe the
alleged violation and any copies of supporting evidence
including but not limited to any photographic, video, or
audio recordings of the incident;
(6) whether the person submitting the notice has
notified any other agency; and
(7) an option for an individual, who submits directly
to the Board, to consent to have the individual's identity
disclosed. The identity of any individual providing
information or reporting any possible or alleged violation
to the Board shall be kept confidential and may not be
disclosed without the consent of that individual, unless
the individual consents to disclosure of the individual's
name or disclosure of the individual's identity is

HB4046 - 16 - LRB103 31719 AWJ 60300 b
otherwise required by law. The confidentiality granted by
this subsection does not preclude the disclosure of the
identity of a person in any capacity other than as the
source of an allegation.
Nothing in this subsection (d) shall preclude the Board
from receiving, investigating, or acting upon allegations made
confidentially or in a format different from the form provided
for in this subsection.
(e) Preliminary review.
(1) The Board shall complete a preliminary review of
the allegations to determine whether there is sufficient
information to warrant a further investigation of any
violations of the Act. Upon initiating a preliminary
review of the allegations, the Board shall notify the head
of the law enforcement agency that employs the law
enforcement officer who is the subject of the allegations.
At the request of the Board, the law enforcement agency
must submit any copies of investigative findings,
evidence, or documentation to the Board in accordance with
rules adopted by the Board to facilitate the Board's
preliminary review. The Board may correspond with the law
enforcement agency, official records clerks or any
investigative agencies in conducting its preliminary
review.
(2) During the preliminary review, the Board will take
all reasonable steps to discover any and all objective

HB4046 - 17 - LRB103 31719 AWJ 60300 b
verifiable evidence relevant to the alleged violation
through the identification, retention, review, and
analysis of all currently available evidence, including,
but not limited to: all time-sensitive evidence, audio and
video evidence, physical evidence, arrest reports,
photographic evidence, GPS records, computer data, lab
reports, medical documents, and witness interviews. All
reasonable steps will be taken to preserve relevant
evidence identified during the preliminary investigation.
(3) If after a preliminary review of the alleged
violation or violations, the Board believes there is
sufficient information to warrant further investigation of
any violations of this Act, the alleged violation or
violations shall be assigned for investigation in
accordance with subsection (f).
(4) If after a review of the allegations, the Board
believes there is insufficient information supporting the
allegations to warrant further investigation, it may close
a notice. Notification of the Board's decision to close a
notice shall be sent to all relevant individuals,
agencies, and any entities that received notice of the
violation under subsection (c) within 30 days of the
notice being closed, except in cases where the notice is
submitted anonymously if the complainant is unknown.
(5) Except when the Board has received notice under
subparagraph (A) of paragraph (1) of subsection (c), no

HB4046 - 18 - LRB103 31719 AWJ 60300 b
later than 30 days after receiving notice, the Board shall
report any notice of violation it receives to the relevant
law enforcement agency, unless reporting the notice would
jeopardize any subsequent investigation. The Board shall
also record any notice of violation it receives to the
Officer Professional Conduct Database in accordance with
Section 9.2. The Board shall report to the appropriate
State's Attorney any alleged violations that contain
allegations, claims, or factual assertions that, if true,
would constitute a violation of Illinois law. The Board
shall inform the law enforcement officer via certified
mail that it has received a notice of violation against
the law enforcement officer.
If the Board determines that due to the circumstances
and the nature of the allegation that it would not be
prudent to notify the law enforcement officer and the
officer's law enforcement agency unless and until the
filing of a Formal Complaint, the Board shall document in
the file the reason or reasons a notification was not
made.
(6) If the law enforcement officer is involved in a
criminal proceeding on the same subject as the notice of
violation, the Board is responsible for maintaining a
current status report including court dates, hearings,
pleas, adjudication status and sentencing. A State's
Attorney's Office must notify the Board of any criminal

HB4046 - 19 - LRB103 31719 AWJ 60300 b
charges filed against a law enforcement officer, and must
provide updates of significant developments to the Board
in a timely manner but no later than 30 days after such
developments.
(f) Investigations; requirements. Investigations are to be
assigned after a preliminary review, unless the investigations
were closed under paragraph (4) of subsection (e), as follows
in paragraphs (1), (2), and (3) of this subsection (f).
(1) A law enforcement agency that submits a notice of
violation to the Board under subparagraph (A) of paragraph
(1) of subsection (c) shall be responsible for conducting
an investigation of the underlying allegations except
when: (i) the law enforcement agency refers the notice to
another law enforcement agency or the Board for
investigation and such other agency or the Board agrees to
conduct the investigation; (ii) an external, independent,
or civilian oversight agency conducts the investigation in
accordance with local ordinance or other applicable law;
or (iii) the Board has determined that it will conduct the
investigation based upon the facts and circumstances of
the alleged violation, including but not limited to,
investigations regarding the Chief or Sheriff of a law
enforcement agency, familial conflict of interests,
complaints involving a substantial portion of a law
enforcement agency, or complaints involving a policy of a
law enforcement agency. Any agency or entity conducting an

HB4046 - 20 - LRB103 31719 AWJ 60300 b
investigation under this paragraph (1) shall submit
quarterly reports to the Board regarding the progress of
the investigation. The quarterly report shall be reviewed
by the individual or individuals at the Board who
conducted the preliminary review, if available.
Any agency or entity conducting an investigation under
this paragraph (1) shall, within 7 days of completing an
investigation, deliver an Investigative Summary Report and
copies of any administrative evidence to the Board. If the
Board finds an investigation conducted under this
paragraph (1) is incomplete, unsatisfactory, or deficient
in any way, the Board may direct the investigating entity
or agency to take any additional investigative steps
deemed necessary to thoroughly and satisfactorily complete
the investigation, or the Board may take any steps
necessary to complete the investigation. The investigating
entity or agency or, when necessary, the Board will then
amend and re-submit the Investigative Summary Report to
the Board for approval.
The Board shall submit a report to the investigating
entity disclosing the name, address, and telephone numbers
of persons who have knowledge of facts which are the
subject of the investigation and identifying the subject
matter of their knowledge.
(2) The Board shall investigate and complete an
Investigative Summary Report when a State's Attorney's

HB4046 - 21 - LRB103 31719 AWJ 60300 b
Office submits a notice of violation to the Board under
(c)(1)(C).
(3) When a person submits a notice to the Board under
paragraph (2) of subsection (c), The Board shall assign
the investigation to the law enforcement agency that
employs the law enforcement officer, except when: (i) the
law enforcement agency requests to refer the notice to
another law enforcement agency or the Board for
investigation and such other agency or the Board agrees to
conduct the investigation; (ii) an external, independent,
or civilian oversight agency conducts the investigation in
accordance with local ordinance or other applicable law;
or (iii) the Board has determined that it will conduct the
investigation based upon the facts and circumstances of
the alleged violation, including but not limited to,
investigations regarding the Chief or Sheriff of a law
enforcement agency, familial conflict of interests,
complaints involving a substantial portion of a law
enforcement agency, or complaints involving a policy of a
law enforcement agency.
The investigating entity or agency shall submit
quarterly reports to the Board regarding the progress of
the investigation in a form to be determined by the Board.
The quarterly report shall be reviewed by the individual
at the Board who conducted the preliminary review, if
available.

HB4046 - 22 - LRB103 31719 AWJ 60300 b
The investigating entity or agency shall, within 7 days of
completing an investigation, deliver an Investigative
Summary Report and copies of any evidence to the Board. If
the Board finds an investigation conducted under this
subsection (f)(3) is incomplete, unsatisfactory, or
deficient in any way, the Board may direct the
investigating entity to take any additional investigative
steps deemed necessary to thoroughly and satisfactorily
complete the investigation, or the Board may take any
steps necessary to complete the investigation. The
investigating entity or agency or, when necessary, the
Board will then amend and re-submit the Investigative
Summary Report to the Board for approval. The
investigating entity shall cooperate with and assist the
Board, as necessary, in any subsequent investigation.
(4) Concurrent Investigations. The Board may, at any
point, initiate a concurrent investigation under this
section. The original investigating entity shall timely
communicate, coordinate, and cooperate with the Board to
the fullest extent. The Board shall promulgate rules that
shall address, at a minimum, the sharing of information
and investigative means such as subpoenas and interviewing
witnesses.
(5) Investigative Summary Report. An Investigative
Summary Report shall contain, at a minimum, the
allegations and elements within each allegation followed

HB4046 - 23 - LRB103 31719 AWJ 60300 b
by the testimonial, documentary, or physical evidence that
is relevant to each such allegation or element listed and
discussed in association with it. All persons who have
been interviewed and listed in the Investigative Summary
Report will be identified as a complainant, witness,
person with specialized knowledge, or law enforcement
employee.
(6) Each law enforcement agency shall adopt a written
policy regarding the investigation of conduct under
subsection (a) that involves a law enforcement officer
employed by that law enforcement agency. The written
policy adopted must include the following, at a minimum:
(a) Each law enforcement officer shall immediately
report any conduct under subsection (b) to the
appropriate supervising officer.
(b) The written policy under this Section shall be
available for inspection and copying under the Freedom
of Information Act, and not subject to any exemption
of that Act.
(7) Nothing in this Act shall prohibit a law
enforcement agency from conducting an investigation for
the purpose of internal discipline. However, any such
investigation shall be conducted in a manner that avoids
interference with, and preserves the integrity of, any
separate investigation by the Board being conducted.
(g) Formal complaints. Upon receipt of an Investigative

HB4046 - 24 - LRB103 31719 AWJ 60300 b
Summary Report, the Board shall review the Report and any
relevant evidence obtained and determine whether there is
reasonable basis to believe that the law enforcement officer
committed any conduct that would be deemed a violation of this
Act. If after reviewing the Report and any other relevant
evidence obtained, the Board determines that a reasonable
basis does exist, the Board shall file a formal complaint with
the Certification Review Panel.
(h) Formal Complaint Hearing.
(1) Upon issuance of a formal complaint, the Panel
shall set the matter for an initial hearing in front of an
administrative law judge. At least 30 days before the date
set for an initial hearing, the Panel must, in writing,
notify the law enforcement officer subject to the
complaint of the following:
(i) the allegations against the law enforcement
officer, the time and place for the hearing, and
whether the law enforcement officer's certification
has been temporarily suspended under Section 8.3;
(ii) the right to file a written answer to the
complaint with the Panel within 30 days after service
of the notice;
(iii) if the law enforcement officer fails to
comply with the notice of the default order in
paragraph (2), the Panel shall enter a default order
against the law enforcement officer along with a

HB4046 - 25 - LRB103 31719 AWJ 60300 b
finding that the allegations in the complaint are
deemed admitted, and that the law enforcement
officer's certification may be revoked as a result;
and
(iv) the law enforcement officer may request an
informal conference to surrender the officer's
certification.
(2) The Board shall send the law enforcement officer
notice of the default order. The notice shall state that
the officer has 30 days to notify the Board in writing of
their desire to have the order vacated and to appear
before the Board. If the law enforcement officer does not
notify the Board within 30 days, the Board may set the
matter for hearing. If the matter is set for hearing, the
Board shall send the law enforcement officer the notice of
the date, time and location of the hearing. If the law
enforcement officer or counsel for the officer does
appear, at the Board's discretion, the hearing may proceed
or may be continued to a date and time agreed upon by all
parties. If on the date of the hearing, neither the law
enforcement officer nor counsel for the officer appears,
the Board may proceed with the hearing for default in
their absence.
(3) If the law enforcement officer fails to comply
with paragraph (2), all of the allegations contained in
the complaint shall be deemed admitted and the law

HB4046 - 26 - LRB103 31719 AWJ 60300 b
enforcement officer shall be decertified if, by a majority
vote of the panel, the conduct charged in the complaint is
found to constitute sufficient grounds for decertification
under this Act. Notice of the decertification decision may
be served by personal delivery, by mail, or, at the
discretion of the Board, by electronic means as adopted by
rule to the address or email address specified by the law
enforcement officer in the officer's last communication
with the Board. Notice shall also be provided to the law
enforcement officer's employing law enforcement agency.
(4) The Board, at the request of the law enforcement
officer subject to the Formal Complaint, may suspend a
hearing on a Formal Complaint for no more than one year if
a concurrent criminal matter is pending. If the law
enforcement officer requests to have the hearing
suspended, the law enforcement officer's certification
shall be deemed inactive until the law enforcement
officer's Formal Complaint hearing concludes. The Board or
the law enforcement officer may request to have the
hearing suspended for up to 6 additional months for good
cause. This request may be renewed. For purposes of this
paragraph (4), "good cause" means an incident or
occurrence that is beyond the control of the requester and
that prevents the hearing from occurring, or holding the
hearing would impose an undue hardship or prejudice on the
requester.

HB4046 - 27 - LRB103 31719 AWJ 60300 b
(5) Surrender of certification or waiver. Upon the
Board's issuance of a complaint, and prior to hearing on
the matter, a law enforcement officer may choose to
surrender the officer's certification or waiver by
notifying the Board in writing of the officer's decision
to do so. Upon receipt of such notification from the law
enforcement officer, the Board shall immediately decertify
the officer, or revoke any waiver previously granted. In
the case of a surrender of certification or waiver, the
Board's proceeding shall terminate.
(6) Appointment of administrative law judges. The
Board shall retain any attorney licensed to practice law
in the State of Illinois to serve as an administrative law
judge in any action involving a law enforcement officer
under this Act. The administrative law judge shall be
retained to a term of no greater than 4 years. If more than
one judge is retained, the terms shall be staggered. The
administrative law judge has full authority to conduct the
hearings.
Administrative law judges will receive initial and
annual training that is adequate in quality, quantity,
scope, and type, and will cover, at minimum the following
topics:
(i) constitutional and other relevant law on
police-community encounters, including the law on the
use of force and stops, searches, and arrests;

HB4046 - 28 - LRB103 31719 AWJ 60300 b
(ii) police tactics;
(iii) investigations of police conduct;
(iv) impartial policing;
(v) policing individuals in crisis;
(vi) Illinois police policies, procedures, and
disciplinary rules;
(vii) procedural justice; and
(viii) community outreach.
The Board shall determine the content and extent of
the training within the scope provided for by this
subsection.
(7) Hearing. At the hearing, the administrative law
judge will hear the allegations alleged in the complaint.
The law enforcement officer, the counsel of the officer's
choosing, and the Board, or the officer's counsel, shall
be afforded the opportunity to present any pertinent
statements, testimony, evidence, and arguments. The law
enforcement officer shall be afforded the opportunity to
request that the Board compel the attendance of witnesses
and production of related documents. After the conclusion
of the hearing, the administrative law judge shall report
any findings of fact, conclusions of law, and recommended
disposition to the Panel. If the law enforcement officer
objects to any procedural or substantive legal portion of
the report, the officer may do so by written brief filed
with the Panel within 14 days after receipt of the report.

HB4046 - 29 - LRB103 31719 AWJ 60300 b
The Panel may grant reasonable extensions for good cause
shown or when mutually agreed upon by the parties.
No later than 28 days before the hearing, a party
shall disclose the following:
(i) The name and, if known, the address and
telephone number of each individual likely to have
information relevant to the hearing that the
disclosing party may use to support its claims or
defenses. This includes, but is not limited to, any
name that has previously been held as confidential by
the Board.
(ii) A copy of any documents and videos that are in
the possession, custody, or control of the party, and
that the disclosing party may use to support its
claims or defenses.
(8) Certification Review Meeting. Upon receipt of the
administrative law judge's findings of fact, conclusions
of law, and recommended disposition, and any submitted
objections from the law enforcement officer, the Panel
shall call for a certification review meeting.
In such a meeting, the Panel may adjourn into a closed
conference for the purposes of deliberating on the
evidence presented during the hearing. In closed
conference, the Panel shall consider the hearing officer's
findings of fact, conclusions of law, and recommended
disposition and may deliberate on all evidence and

HB4046 - 30 - LRB103 31719 AWJ 60300 b
testimony received and may consider the weight and
credibility to be given to the evidence received. No new
or additional evidence may be presented to the Panel.
After concluding its deliberations, the Panel shall
convene in open session for its consideration of the
matter. If a simple majority of the Panel finds that no
allegations in the complaint supporting one or more
charges of misconduct are proven by clear and convincing
evidence, then the Panel shall recommend to the Board that
the complaint be dismissed. If a simple majority of the
Panel finds that the allegations in the complaint
supporting one or more charges of misconduct are proven by
clear and convincing evidence, then the Panel shall
recommend to the Board to decertify the officer. The Panel
shall prepare a summary report as soon as practicable
after the completion of the meeting including the
following: the hearing officer's findings of fact,
conclusions of law, recommended disposition, and the
Panel's order.
(9) Final action by the Board. After receiving the
Panel's recommendations and any objections by the law
enforcement officer, and after due consideration of the
Panel's recommendations, the Board, by majority vote,
shall issue a final decision to decertify the law
enforcement officer or take no action in regard to the law
enforcement officer. No new or additional evidence may be

HB4046 - 31 - LRB103 31719 AWJ 60300 b
presented to the Board. If the Board makes a final
decision contrary to the recommendations of the Panel, the
Board shall set forth in its final written decision the
specific written reasons for not following the Panel's
recommendations. A copy of the Board's final decision
shall be served upon the law enforcement officer by the
Board, either personally or as provided in this Act for
the service of a notice of hearing. A copy of the Board's
final decision also shall be delivered to the last
employing law enforcement agency, the complainant, and the
Panel.
(10) Reconsideration of the Board's Decision. Within
30 days after service of the Board's final decision, the
Panel or the law enforcement officer may file a written
motion for reconsideration with the Review Committee. The
motion for reconsideration shall specify the particular
grounds for reconsideration. The non-moving party may
respond to the motion for reconsideration. The Review
Committee shall only address the issues raised by the
parties.
The Review Committee may deny the motion for
reconsideration, or it may grant the motion in whole or in
part and issue a new final decision in the matter. The
Review Committee must notify the law enforcement officer
and their last employing law enforcement agency within 14
days of a denial and state the reasons for denial.

HB4046 - 32 - LRB103 31719 AWJ 60300 b
(i) This Section applies to conduct by a full-time or
part-time law enforcement officer in violation of subsection
(b) that occurred before, on, or after the effective date of
this amendatory Act of the 102nd General Assembly.
(j) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly and Public Act 101-652 take effect July
1, 2022.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(50 ILCS 705/6.7)
Sec. 6.7. Certification and decertification procedures
under Act exclusive. Notwithstanding any other law, the
certification and decertification procedures, including the
conduct of any investigation or hearing, under this Act are
the sole and exclusive procedures for certification as law
enforcement officers in Illinois and are not subject to
collective bargaining under the Illinois Public Labor
Relations Act or appealable except as set forth herein. The
provisions of any collective bargaining agreement adopted by a
law enforcement agency and covering the law enforcement
officer or officers under investigation shall be inapplicable
to any investigation or hearing conducted under this Act.
An individual has no property interest in law enforcement
certification at the time of initial certification or at any
time thereafter, including, but not limited to, after

HB4046 - 33 - LRB103 31719 AWJ 60300 b
decertification or after the officer's certification has been
deemed inactive. Nothing in this Act shall be construed to
create a requirement that a law enforcement agency shall
continue to employ a law enforcement officer who has been
decertified.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(50 ILCS 727/1-35 rep.)
Section 20. The Police and Community Relations Improvement
Act is amended by repealing Section 1-35.