Bill Text: IL SB2396 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether an applicant has met the requirements of the Act and is qualified to be employed as a law enforcement officer and issue a certificate to applicants qualified to be employed as a law enforcement officer. Provides that the Board may hire investigators for the purposes of complying with the Act. Provides that the Board's investigators shall be law enforcement officers. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn law enforcement officer in the State. Provides that any complaint filed against the Board's investigators shall be investigated by the Illinois State Police. Provides that the Board shall create, within the Board, a Statewide Enforcement Unit. Provides that the Statewide Enforcement Unit shall be responsible for the investigation of matters concerning automatic and discretionary decertification of full-time and part-time law enforcement officers, and the prosecution of matters under those provisions. Provides that before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in the State, the chief executive officer, sheriff, appointing authority, or designee must: (1) perform a criminal background check including reviewing criminal history and national decertification indices, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, including the outcome of any investigation regardless of the result, and the reason for separation from employment; (2) check the Officer Professional Conduct Database; (3) verify from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists; and (4) inquire into whether the applicant has any past or present affiliations with terrorist organizations. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2396 Detail]

Download: Illinois-2025-SB2396-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2396 Introduced 2/7/2025, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall determine whether an applicant has met the requirements of the Act and is qualified to be employed as a law enforcement officer and issue a certificate to applicants qualified to be employed as a law enforcement officer. Provides that the Board may hire investigators for the purposes of complying with the Act. Provides that the Board's investigators shall be law enforcement officers. Provides that the Board shall not waive the training requirement unless the investigator has had a minimum of 5 years experience as a sworn law enforcement officer in the State. Provides that any complaint filed against the Board's investigators shall be investigated by the Illinois State Police. Provides that the Board shall create, within the Board, a Statewide Enforcement Unit. Provides that the Statewide Enforcement Unit shall be responsible for the investigation of matters concerning automatic and discretionary decertification of full-time and part-time law enforcement officers, and the prosecution of matters under those provisions. Provides that before a law enforcement agency may appoint a law enforcement officer or a person seeking a certification as a law enforcement officer in the State, the chief executive officer, sheriff, appointing authority, or designee must: (1) perform a criminal background check including reviewing criminal history and national decertification indices, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct, including the outcome of any investigation regardless of the result, and the reason for separation from employment; (2) check the Officer Professional Conduct Database; (3) verify from the local prosecuting authority in any jurisdiction in which the applicant has served as to whether the applicant is on any impeachment disclosure lists; and (4) inquire into whether the applicant has any past or present affiliations with terrorist organizations. Makes other changes.
LRB104 12152 RTM 22251 b
A BILL FOR
SB2396 LRB104 12152 RTM 22251 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended by
changing Sections 2, 6, 6.1, 6.2-5, 6.3, 8.1, 8.2, 8.3, and 9.2
and by adding Section 6.4 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Applicant" means an individual who applies to the Board
to become certified as a law enforcement officer.
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Criminal organization" has the meaning given to "gang" as
that term is defined in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
"Full-time law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is employed on a full-time basis as a
law enforcement officer by a local government agency, State
government agency, or as a campus police officer by a
university, college, or community college.
"Hate group" means an organization or group that, based

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upon its statements, principles, or activities, supports,
advocates for, threatens, practices, or incites discrimination
toward, genocide of, or violence toward, actual or perceived:
race, color, creed, religion, ancestry, gender, sexual
orientation, physical or mental disability, citizenship,
immigration status, or national origin of another individual
or group of individuals,
"Law Enforcement agency" means any entity with statutory
police powers and the ability to employ individuals authorized
to make arrests. It does not include the Illinois State Police
as defined in the State Police Act. A law enforcement agency
may include any university, college, or community college.
"Local law enforcement agency" means any law enforcement
unit of government or municipal corporation in this State. It
does not include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"State law enforcement agency" means any law enforcement
agency of this State. This includes any office, officer,
department, division, bureau, board, commission, or agency of
the State. It does not include the Illinois State Police as
defined in the State Police Act.
"Outwardly facing social media activity" means all
content, interaction, or other involvement on or in connection
with an individual's presence on a social media account that

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is available or otherwise visible or accessible to other users
of that social media provider. "Outwardly facing social media
activity" includes social media activity that is available or
otherwise visible or accessible only to users approved by the
individual's account, including, but not limited to posts and
comments containing words, images, or both, reactions to posts
or comments by other users, or sharing posts or comments by
other users. "Outwardly facing social media activity" does not
include private or direct messages on a social media platform.
"Panel" means the Certification Review Panel.
"Participated with" means active and direct involvement
in, affiliation with, coordination or facilitation of, or
advocating for or supporting the goals or activities of a
group.
"Basic training school" means any school located within
the State of Illinois whether privately or publicly owned
which offers a course in basic law enforcement or county
corrections training and has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a basic training school
to be eligible for permanent full-time employment as a local
law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be

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eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is permanently employed on a full-time
basis as a local law enforcement officer, as a security
officer, or campus police officer permanently employed by a
law enforcement agency.
"Part-time law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is employed on a part-time basis as a
law enforcement officer or as a campus police officer by a law
enforcement agency.
"Public expression of lawlessness or bias" means any
expression in a public forum, including on outwardly facing
social media, in discussion forums, in writings, or in
speeches, advocating for or supporting: the overthrow of
government; a foreign terrorist organization; a domestic
terrorist organization; a criminal organization; a hate group;
or the discrimination toward, genocide of, or violence toward,
any individual or group of persons based upon actual or
perceived: race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability,
citizenship, immigration status, or national origin of another
individual or group of individuals. "Public expression of
lawlessness or bias" includes the public display of any

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tattoo, uniform, insignia, flag, logo, or other similar symbol
that indicates support for the overthrow of government, a
foreign terrorist organization, a domestic terrorist group, a
criminal organization, a hate group, or discrimination toward,
genocide of, or violence toward any individual or group of
person for actual or perceived: race, color, creed, religion,
ancestry, gender, sexual orientation, physical or mental
disability, citizenship, immigration status, or national
origin of another individual or group of individuals. Nothing
in this definition is intended to infringe upon an
individual's rights pursuant to the First Amendment of the
United States Constitution.
"Publicly accessible components of social media accounts"
means all content, interaction, or other involvement on or in
connection with an individual's presence on a social media
account that is available or otherwise visible or accessible
to members of the public or members of the social media
platform, without requiring approval by the individual's
account.
"Law enforcement officer" means (i) any police officer of
a law enforcement agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.

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"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is
enrolled in an approved training course.
"Review Committee" means the committee at the Board for
certification disciplinary cases in which the Panel, a law
enforcement officer, or a law enforcement agency may file for
reconsideration of a decertification decision made by the
Board.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a basic
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed the officer's
probationary period and is permanently employed on a full-time
basis as a county corrections officer by a participating law
enforcement agency.
"County corrections officer" means any sworn officer of
the sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.

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"Permanent court security officer" means a court security
officer who has completed the officer's probationary period
and is employed as a court security officer by a participating
law enforcement agency.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
"Social media accounts" includes, but is not limited to,
social networking sites, online forums, blogs, and video and
content sharing platforms.
"Terrorist organization" has the meaning given to that
term in subsection (m) of Section 29D-10 of the Criminal Code
of 2012.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(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

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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. (blank). To provide appropriate certification to
those probationary officers who successfully complete the
prescribed minimum standard basic training course.
c-5. To determine whether an applicant has met the
requirements of this Act and is qualified to be employed
as a law enforcement officer and to issue a certificate to
applicants qualified to be employed as a law enforcement
officer.
d. To review and approve annual training curriculum
for county sheriffs.
e. (blank). 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

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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.
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.
e-5. To hire investigators for the purposes of
complying with this Act. The Board's investigators shall
be law enforcement officers. The Board shall not waive the
training requirement unless the investigator has had a
minimum of 5 years experience as a sworn law enforcement

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officer in this State. Any complaint under Section 6.3
filed against the Board's investigators shall be
investigated by the Illinois State Police.
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,
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

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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
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.

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n. To make grants, subject to appropriation, to local
law enforcement agencies for costs associated with the
expansion and support of National Integrated Ballistic
Information Network (NIBIN) and other ballistic technology
equipment for ballistic testing.
o. To create, within the Board, a Statewide
Enforcement Unit. The Statewide Enforcement Unit shall be
responsible for the investigation of matters under
Sections 6.1 and 6.3, and the prosecution of matters under
Sections 6.1, 6.3, and 6.4.
(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
(50 ILCS 705/6.1)
Sec. 6.1. Automatic decertification of full-time and
part-time law enforcement officers.
(a) The Board must review law enforcement officer conduct
and records to ensure that no law enforcement officer is
certified or provided a valid waiver if that law enforcement
officer has been convicted of, found guilty of, entered a plea
of guilty to, or entered a plea of nolo contendere to, a felony
offense under the laws of this State or any other state which
if committed in this State would be punishable as a felony. The
Board must also ensure that no law enforcement officer is
certified or provided a valid waiver if that law enforcement
officer has been convicted of, found guilty of, or entered a

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plea of guilty to, on or after January 1, 2022 (the effective
date of Public Act 101-652) of any misdemeanor specified in
this Section or if committed in any other state would be an
offense similar to Section 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 to Section 5 or 5.2 of the
Cannabis Control Act, 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
must appoint investigators to enforce the duties conferred
upon the Board by this Act.
(a-1) For purposes of this Section, "conviction" has the
meaning given to that term in Section 2-5 of the Criminal Code
of 2012. a person is "convicted of, or entered a plea of guilty
to, plea of nolo contendere to, found guilty of" 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.
(a-2) A law enforcement officer found to be in violation
of subsection (a) shall be served with the notice of intent to
decertify by both certified and regular mail at the last known

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address of record on file with the most recent law enforcement
employer. The notification shall include a statement of
determination, reasons for decertification, and the law
enforcement officer's rights to contest and appeal under
Section 6.4. If the law enforcement officer not appeal within
the time period specified in Section 6.4, then the Board may
deem the law enforcement officer decertified.
(b) It is the responsibility of the sheriff or the chief
executive officer of every law enforcement agency or
department within this State to report to the Board any
arrest, conviction, finding of guilt, plea of guilty, or plea
of nolo contendere to, of any officer for an offense
identified in this Section, 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.
(c) It is the duty and responsibility of every full-time
and part-time law enforcement officer in this State to report
to the Board within 14 days, and the officer's sheriff or chief
executive officer, of the officer's arrest, conviction, found
guilty of, or plea of guilty for an offense identified in this
Section. Failure of a convicted person to report to the Board
the officer's conviction as described in this Section or any
continued law enforcement practice after receiving a
conviction is a Class 4 felony. Any full-time or part-time law
enforcement officer who knowingly makes, submits, causes to be

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submitted, or files a false or untruthful report to the Board
must have the officer's certificate or waiver immediately
decertified or revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in
this Section as long as the information is submitted,
disclosed, or released in good faith and without malice. The
Board has qualified immunity for the release of the
information.
(e) (blank). Any full-time or part-time law enforcement
officer with a certificate or waiver issued by the Board who is
convicted of, found guilty of, or entered a plea of guilty to,
or entered a plea of nolo contendere to any offense described
in this Section immediately becomes decertified or no longer
has a valid waiver. The decertification and invalidity of
waivers occurs as a matter of law. Failure of a convicted
person to report to the Board the officer's conviction as
described in this Section or any continued law enforcement
practice after receiving a conviction is a Class 4 felony.
For purposes of this Section, 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, including sentences of supervision,
conditional discharge, first offender probation, or any

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similar disposition as provided for by law.
(e-5) If a timely appeal is not made, or if the Board
denies the appeal, decertification shall occur as a matter of
law.
(f) (blank). The Board's investigators shall be law
enforcement officers as defined in Section 2 of this Act. The
Board shall not waive the training requirement unless the
investigator has had a minimum of 5 years experience as a sworn
officer of a local, State, or federal law enforcement agency.
An investigator shall not have been terminated for good cause,
decertified, had his or her law enforcement license or
certificate revoked in this or any other jurisdiction, or been
convicted of any of the conduct listed in subsection (a). Any
complaint filed against the Board's investigators shall be
investigated by the Illinois State Police.
(g) The Board must request and receive information and
assistance from any federal, state, local, or private
enforcement agency as part of the authorized criminal
background investigation. The Illinois State Police must
process, retain, and additionally provide and disseminate
information to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
against a basic academy applicant, law enforcement applicant,
or law enforcement officer whose fingerprint identification
cards are on file or maintained by the Illinois State Police.
The Federal Bureau of Investigation must provide the Board any

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criminal history record information contained in its files
pertaining to law enforcement officers or any applicant to a
Board certified basic law enforcement academy as described in
this Act based on fingerprint identification. The Board must
make payment of fees to the Illinois State Police for each
fingerprint card submission in conformance with the
requirements of paragraph 22 of Section 55a of the Civil
Administrative Code of Illinois.
(g-5) Notwithstanding any provision of law to the
contrary, the changes to this Section made by this amendatory
Act of the 102nd General Assembly and Public Act 101-652 shall
apply prospectively only from July 1, 2022.
(h) Appeals of decisions in this Section shall be governed
by Section 6.4.
(i) Any law enforcement officer who knowingly makes,
submits, causes to be submitted, or files a false or
untruthful report to the Board shall be decertified.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
(50 ILCS 705/6.2-5 new)
Sec. 6.2-5. Obligations of law enforcement agencies.
(a) Before a law enforcement agency may appoint a law
enforcement officer or a person seeking a certification as a
law enforcement officer in this State, the chief executive
officer, sheriff, appointing authority, or designee must:

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(1) perform a criminal background check including
reviewing criminal history and national decertification
indices, and all disciplinary records by any previous law
enforcement or correctional employer, including complaints
or investigations of misconduct, including the outcome of
any investigation regardless of the result, and the reason
for separation from employment;
(A) Previous law enforcement or corrections
employers must provide this information, including the
reason for separation from employment with the law
enforcement agency, within 30 days of receiving a
written request from the law enforcement agency
conducting the background check.
(B) Documentation of the contact between law
enforcement agencies must be available for review by
the Board for a minimum of 5 years after the law
enforcement's termination, retirement, resignation, or
another separation with that law enforcement agency.
(2) check the Officer Professional Conduct Database;
(3) verify from the local prosecuting authority in any
jurisdiction in which the applicant has served as to
whether the applicant is on any impeachment disclosure
lists; and
(4) inquire into whether the applicant has any past or
present affiliations with terrorist organizations.
A prospective employing law enforcement agency may

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establish higher standards for background investigations of
applicants if those standards are not contrary to State or
federal law.
(b) Obligations for law enforcement officer reporting and
recordkeeping.
(1) All law enforcement agencies shall create and
maintain the following records for each officer:
(A) The date the law enforcement officer was
hired.
(B) With respect to any separation from
employment:
(i) The date of separation of employment.
(ii) The nature of any separation, including,
but not limited to, retirement, resignation, or
termination of employment.
(iii) If the law enforcement agency initiated
the separation, then the reason given to the
officer.
(iv) The reason the law enforcement officer
was terminated if the law enforcement officer was
terminated for cause.
(v) If known to the law enforcement agency,
then whether the separation occurred while the law
enforcement agency or any other entity was
conducting an investigation of the law enforcement
officer based on allegations that the law

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enforcement officer violated any rule, policy,
procedure, law, or engaged in other misconduct
covered by this Act.
(C) A record of the background check performed by
the law enforcement agency.
(D) A record reflecting each type of complaint
against, investigation of, and discipline of the
officer known to the law enforcement agency, including
each:
(i) sustained complaint against the officer.
For the purposes of this item, a "sustained
complaint" means a complaint in which the
investigation produced a preponderance of evidence
to prove the allegation of an act that was
determined to be misconduct;
(ii) investigation of the officer by an
internal affairs unit, an internal review board, a
civilian oversight board, or a comparable body;
(iii) arrest of the officer;
(iv) discipline imposed on the officer,
including any last chance agreement or separation
agreement;
(v) criminal prosecution against the officer;
(vi) written reprimand of the officer;
(vii) suspension of the law enforcement
officer's employment or order that the officer

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take a leave from employment;
(viii) determination by a prosecutor's
office's that the officer is not be called as a
witness in court or that the officer's misconduct
must be disclosed to defendants; and
(ix) complaint, investigation, or disciplinary
matter vacated or resolved in favor of the
officer;
(E) A record reflecting each form of in-service
training, retraining, and training on policies that
the officer completed, whether or not such training is
required by this Act;
Information compiled in this Section shall be available
for review by hiring agencies for the purpose of hiring
background checks and for the Board for the purpose of
evaluation of aggravating and mitigating factors under Section
6.3.
(2) All law enforcement agencies and the Illinois
State Police shall notify the Board of any final
determination of a willful violation of department, law
enforcement agency, or the Illinois State Police policy,
official misconduct, or violation of law within 10 days
when:
(A) the determination leads to a suspension of at
least 10 days;
(B) any infraction that would trigger an official

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or formal investigation under a law enforcement agency
or the Illinois State Police policy;
(C) there is an allegation of misconduct or
regarding truthfulness as to a material fact, bias, or
integrity; or
(D) the officer resigns or retires during the
course of an investigation and the officer has been
served notice that the officer is under investigation.
Agencies and the Illinois State Police may report to the
Board any conduct they deem appropriate to disseminate to
another law enforcement agency regarding a law enforcement
officer.
(3) The law enforcement agency or the Illinois State
Police shall report to the Board within 10 days of a final
determination and final exhaustion of any administrative
appeal, contractual dispute resolution process, or the law
enforcement officer's resignation or retirement, and shall
provide information regarding the nature of the violation.
This notification shall not necessarily trigger
certification review.
(4) A law enforcement agency and the Illinois State
Police shall be immune from liability for a disclosure
made as described in this subsection, unless the
disclosure would constitute intentional misrepresentation
or gross negligence.
(5) Within 14 days after receiving notification from a

SB2396 - 23 - LRB104 12152 RTM 22251 b
law enforcement agency or the Illinois State Police, the
Board must notify the law enforcement officer of the
report and the officer's right to provide a statement
regarding the reported violation. The law enforcement
officer shall have 14 days from receiving notice to
provide a written objection contesting information
included in the law enforcement agency's report. The
objection must be filed with the Board on a form
prescribed by the Board and a copy must be provided by the
law enforcement agency. The objection shall remain in the
Officer Professional Conduct Database with the reported
violation.
(c) Penalties.
(1) All law enforcement agencies are required to
comply with the provisions of this Act and the rules
adopted under this Act. Whenever the Board finds that any
law enforcement agency is in violation of any provision of
this Act, or any rule adopted under this Act, the Board
shall notify the law enforcement agency of the violation
and of the law enforcement agency's duty to comply with
the provision or rule. This notification of non-compliance
shall be sent to the law enforcement agency head via
certified U.S. Mail or delivered by hand. The notice shall
include a specific reference to the statute or regulation
that the law enforcement agency has violated, the periods
of alleged violation, and a brief statement of the factual

SB2396 - 24 - LRB104 12152 RTM 22251 b
basis for the finding of violation along with any
supporting materials.
The law enforcement agency must come into compliance
within 30 days.
(2) If after 30 days the law enforcement agency has
failed to come into compliance, then the Board shall issue
an order of failure to respond to the Notice of
non-compliance. This order may include a civil penalty not
to exceed $1,000 per violation per day the law enforcement
agency is not in compliance. This penalty shall be payable
to the Board. The Board shall send a notice to a right to a
conference to challenge the finding of non-compliance
under Section 6.4 and a calculation of the penalty owed
including the date from which the penalty should be
calculated.
(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 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

SB2396 - 25 - LRB104 12152 RTM 22251 b
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
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:

SB2396 - 26 - LRB104 12152 RTM 22251 b
(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
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; or 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.

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(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
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

SB2396 - 28 - LRB104 12152 RTM 22251 b
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
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

SB2396 - 29 - LRB104 12152 RTM 22251 b
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
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 Statewide Enforcement Unit 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 Statewide Enforcement Unit Board shall

SB2396 - 30 - LRB104 12152 RTM 22251 b
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 Statewide Enforcement
Unit Board, the law enforcement agency must submit any
copies of investigative findings, evidence, or
documentation to the Statewide Enforcement Unit Board in
accordance with rules adopted by the Statewide Enforcement
Unit Board to facilitate the Statewide Enforcement Unit's
Board's preliminary review. The Statewide Enforcement Unit
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 Statewide
Enforcement Unit Board will take all reasonable steps to
discover any and all objective 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 Statewide Enforcement Unit

SB2396 - 31 - LRB104 12152 RTM 22251 b
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
Statewide Enforcement Unit Board believes there is
insufficient information supporting the allegations to
warrant further investigation, it may close a notice.
Notification of the Statewide Enforcement Unit's 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
later than 30 days after receiving notice, the Statewide
Enforcement Unit 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,

SB2396 - 32 - LRB104 12152 RTM 22251 b
claims, or factual assertions that, if true, would
constitute a violation of Illinois law. The Statewide
Enforcement Unit 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 Statewide Enforcement Unit 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 charges a Formal
Complaint, the Statewide Enforcement Unit 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 Statewide Enforcement Unit 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 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

SB2396 - 33 - LRB104 12152 RTM 22251 b
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 Statewide
Enforcement Unit 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 Executive
Director 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
investigation under this paragraph (1) shall submit
quarterly reports to the Statewide Enforcement Unit Board
regarding the progress of the investigation. The quarterly
report shall be reviewed by the individual or individuals
at the Statewide Enforcement Unit Board who conducted the
preliminary review, if available.

SB2396 - 34 - LRB104 12152 RTM 22251 b
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 Statewide
Enforcement Unit Board. If the Executive Director Board
finds an investigation conducted under this paragraph (1)
is incomplete, unsatisfactory, or deficient in any way,
the Statewide Enforcement Unit 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 Statewide Enforcement Unit Board will then
amend and re-submit the Investigative Summary Report to
the Executive Director Board for approval.
The Statewide Enforcement Unit 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 Statewide Enforcement Unit Board shall
investigate and complete an Investigative Summary Report
when a State's Attorney's Office submits a notice of
violation to the Board under (c)(1)(C).

SB2396 - 35 - LRB104 12152 RTM 22251 b
(3) When a person submits a notice to the Statewide
Enforcement Unit 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 Executive
Director 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 Sheriff or Chief 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 Statewide Enforcement Unit Board who conducted the
preliminary review, if available.
The investigating entity or agency shall, within 7 days of

SB2396 - 36 - LRB104 12152 RTM 22251 b
completing an investigation, deliver an Investigative
Summary Report and copies of any evidence to the Statewide
Enforcement Unit and the Executive Director Board. If the
Statewide Enforcement Unit or Executive Director Board
finds an investigation conducted under this subsection
(f)(3) is incomplete, unsatisfactory, biased, or deficient
in any way, the Executive Director Board may direct the
investigating entity to take any additional investigative
steps deemed necessary to thoroughly and satisfactorily
complete the investigation, or the Statewide Enforcement
Unit Board may take any steps necessary to complete the
investigation. The investigating entity or agency or, when
necessary, the Statewide Enforcement Unit Board will then
amend and re-submit the Investigative Summary Report to
the Executive Director Board for approval. The
investigating entity shall cooperate with and assist the
Statewide Enforcement Unit Board, as necessary, in any
subsequent investigation.
(4) Concurrent Investigations. The Statewide
Enforcement Unit Board may, at any point, initiate a
concurrent investigation under this Section section. The
original investigating entity shall timely communicate,
coordinate, and cooperate with the Statewide Enforcement
Unit 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

SB2396 - 37 - LRB104 12152 RTM 22251 b
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
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

SB2396 - 38 - LRB104 12152 RTM 22251 b
investigation shall be conducted in a manner that avoids
interference with, and preserves the integrity of, any
separate investigation by the Statewide Enforcement Unit
Board being conducted.
(8) The Board, executive director, and investigators
performing investigations conducted under this Section
shall preserve all evidence. This information shall be
contained in a single investigation file. Upon the filing
of formal complaint seeking decertification, the
investigation file shall be subject to unredacted
disclosure to the law enforcement officer subject of the
investigation.
(g) Formal complaints. Upon receipt of an Investigative
Summary Report, the Statewide Enforcement Unit 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 Statewide
Enforcement Unit Board determines that a reasonable basis does
exist, the Statewide Enforcement Unit Board shall file a
formal complaint with the Certification Review Panel.
(h) Formal Complaint Hearing.
(1) Upon issuance of a formal complaint by the
Enforcement Unit, the Panel shall set the matter for an
initial hearing in front of an administrative law judge.

SB2396 - 39 - LRB104 12152 RTM 22251 b
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) that 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
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) that 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

SB2396 - 40 - LRB104 12152 RTM 22251 b
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
enforcement officer shall be decertified if, by a majority
vote of the Panel 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.

SB2396 - 41 - LRB104 12152 RTM 22251 b
(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.
(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.

SB2396 - 42 - LRB104 12152 RTM 22251 b
(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;
(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

SB2396 - 43 - LRB104 12152 RTM 22251 b
subsection.
(7) Hearing. At the hearing, the administrative law
judge will hear the allegations alleged in the complaint.
The law enforcement officer or , the counsel for of the
officer officer's choosing, and the Statewide Enforcement
Unit 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.
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, the law
enforcement officer or the law enforcement officer's
counsel a party shall disclose the following to the Board:
(i) The name and, if known, the address and
telephone number of each individual likely to have
information relevant to the hearing that the law
enforcement officer disclosing party may use to

SB2396 - 44 - LRB104 12152 RTM 22251 b
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 law
enforcement officer party, and that the law
enforcement officer disclosing party may use to
support its claims or defenses.
No later than 28 days after the filing of a formal
complaint, the Statewide Enforcement Unit shall give
to the law enforcement officer or their counsel a copy
of the complete and unredacted "investigation file" as
defined in paragraph (f) of subsection (f) including,
but not limited to, any name that has previously been
held as confidential by the Statewide Enforcement Unit
or Board.
(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

SB2396 - 45 - LRB104 12152 RTM 22251 b
disposition and may deliberate on all evidence and
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

SB2396 - 46 - LRB104 12152 RTM 22251 b
enforcement officer. No new or additional evidence may be
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

SB2396 - 47 - LRB104 12152 RTM 22251 b
days of a denial and state the reasons for denial.
(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.
(k) Annual report. The Board shall submit an annual report
to the Governor, Attorney General, President and Minority
Leader of the Senate, and the Speaker and Minority Leader of
the House of Representatives on or before March 1, 2026, and
every year thereafter indicating:
(1) the number of complaints under this Section
received in the preceding calendar year, including but not
limited to the race, gender, and type of discretionary
decertification complaints received;
(2) the number of investigations initiated in the
preceding calendar year since the date of the last report;
(3) the number of investigations concluded in the
preceding calendar year;
(4) the number of investigations pending as of the
last date of the preceding calendar year;
(5) the number of hearings held in the preceding
calendar year;

SB2396 - 48 - LRB104 12152 RTM 22251 b
(6) the number of officers decertified in the
preceding calendar year;
(7) the number of officers where insufficient cause
for decertification was found by an investigator
conducting an investigation under this Section; and
(8) the number of officers where insufficient cause
for decertification was found by an administrative law
judge, review panel, or Board.
The annual report shall be publicly available on the
website of the Board.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(50 ILCS 705/6.4 new)
Sec. 6.4. Denials and Certain Appeals
(a) The Board shall issue a formal written notice of the
denial of training waiver, denial of initial certification or
the intent to decertify under Section 6.1 within 15 days of the
decision. The Board shall set forth the specific reasons for
the waiver denial, denial of initial certification or
automatic decertification and serve the officer, personally,
by e-mail, or by certified mail. The Board shall also inform
the law enforcement officer of the ability to appeal the
decision in writing or by a hearing.
(1) A law enforcement officer whose application for a
training waiver is denied by the Board, who is denied
initial certification, or who is notified of the intent to

SB2396 - 49 - LRB104 12152 RTM 22251 b
decertify under Section 6.1, may submit an appeal that
shall include the particular reasons why the law
enforcement officer believes that the decision to deny the
waiver, certification, or decertify pursuant to Section
6.1 was incorrect and all relevant document the law
enforcement officer believes supports the appeal, within
10 days after service of the notice of the denial. The
officer may request a summary hearing in front of the
Board where limited testimony may be offered to provide
evidence not available via documentary evidence.
(b) When a Notice of Non-Compliance has been sent under
Section 6.2, the law enforcement agency may request to
schedule the matter for an informal conference at which the
law enforcement agency will meet with the Board in an attempt
to resolve the matter.
A request by the law enforcement agency for an informal
conference must be received by the Board within 15 days after
the receipt of the Notice of Non-Compliance. Should a
resolution not be reached, the matter shall be set for
hearing.
(c) The Board may create a committee to hear and decide the
appeals under this Section.
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time law enforcement and county corrections
officers.

SB2396 - 50 - LRB104 12152 RTM 22251 b
(a) The Board shall establish minimum certification
standards for all officers that shall include: No person shall
receive a permanent appointment as a law enforcement officer
or a permanent appointment as a county corrections officer
unless that person has been awarded, within 6 months of the
officer's initial full-time employment, a certificate
attesting to the officer's successful completion of the
Minimum Standards Basic Law Enforcement or County Correctional
Training Course as prescribed by the Board to be completed
within 6 months of the applicant's initial full-time
employment; or has been awarded a certificate attesting to the
applicant's officer's satisfactory completion of a training
program of similar content and number of hours and which
course has been found acceptable by the Board under the
provisions of this Act. ; or The Board shall grant a training
waiver by reason of prior law enforcement or county
corrections experience, obtained in Illinois, in any other
state, or with an agency of the federal government, where the
basic training requirement is determined by the Board to be
sufficient illogical and unreasonable. Agencies seeking a
reciprocity waiver for training completed outside of Illinois
must conduct a thorough background check and provide
verification of the officer's prior training. After review and
satisfaction of all requested conditions related to training,
the officer shall be awarded an equivalency waiver certificate
satisfying the training requirements of this Section. Within

SB2396 - 51 - LRB104 12152 RTM 22251 b
60 days after the effective date of this amendatory Act of the
103rd General Assembly, the Board shall adopt uniform rules
providing for a training waiver process for a person
previously employed and qualified as a law enforcement or
county corrections officer under federal law or the laws of
any other state, or who has completed a basic law enforcement
officer or correctional officer academy who would be qualified
to be employed as a law enforcement officer or correctional
officer by the federal government or any other state. These
rules shall address the process for evaluating prior training
credit, a description and list of the courses typically
required for reciprocity candidates to complete prior to
taking the exam, and a procedure for employers seeking a
pre-activation determination for a reciprocity training
waiver. The rules shall provide that any eligible person
previously trained as a law enforcement or county corrections
officer under federal law or the laws of any other state shall
successfully complete the following prior to the approval of a
training waiver:
(1) a training program or set of coursework approved
by the Board on the laws of this State relevant to the
duties and training requirements of law enforcement and
county correctional officers;
(2) firearms training; and
(3) successful passage of the equivalency
certification examination.

SB2396 - 52 - LRB104 12152 RTM 22251 b
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's position, or the employing agency must obtain a
waiver from the Board extending the period for compliance.
Such training waiver shall be issued only for good and
justifiable reasons, and in no case shall extend more than 90
days beyond the initial 6 months. Any hiring agency that fails
to train a law enforcement officer within this period shall be
prohibited from employing this individual in a law enforcement
capacity for one year from the date training was to be
completed. If an agency again fails to train the individual a
second time, the agency shall be permanently barred from
employing this individual in a law enforcement capacity.
If the Board declines to grant a training waiver, the
Board must mail the refusal to the applicant and their
supporting law enforcement agency by both certified and
regular mail at the last known address of record. The
notification shall include a statement of determination,
reasons for denial, and the applicant's and law enforcement
agency's rights to contest and appeal under Section 6.4.
Should the applicant or law enforcement agency not appeal
within the time period specified in Section 6.4, the Board may
deem the law enforcement officer's waiver denied.
(4) successful completion of a background
investigation including:
(A) a state and national background check,

SB2396 - 53 - LRB104 12152 RTM 22251 b
including, but not limited to, a full employment
history; provided, that if the applicant has been
previously employed in law enforcement in any state or
United States territory or by the federal government,
the applicant's full employment record, including
complaints, discipline, and rejected applications,
shall be evaluated in the background check. The
background check shall be conducted under the
procedures established by the Board and include a
criminal background records check in accordance with
the Prison Rape Elimination Act (PREA), 28 C.F.R.
115.317, the National Decertification Index, the
National Crime Information Center database, and the
Law Enforcement Agencies Data System (LEADS).
(B) a social media search of the applicant. This
search shall include, but is not limited to, the
following, whether the applicant has:
(i) Made statements, posts, shared posts, or
comments in support of, or that demonstrates,
espouses, advocates, or supports public expression
of lawlessness or bias or discrimination. The
Board shall preserve a copy of any posts, shared
posts, or comments in support of anything
violative of this Section the investigation files
as evidence of unsuitability; or
(ii) Outwardly facing social media activity

SB2396 - 54 - LRB104 12152 RTM 22251 b
that would otherwise undermine public confidence
in law enforcement or in the applicant's ability
to carry out the public safety mission in a legal,
constitutional, unbiased, and non-discriminatory
fashion. The Board shall preserve a copy of any
posts, shared posts, or comments in support of
anything violative of this Section the
investigation files as evidence of certification
unsuitability; and
(iii) A check of the applicant's lack of
participation with any foreign terrorist
organization, domestic terrorist group, criminal
organization, hate group, or a group that
advocates for, espouses, or promotes the
commission of acts of force and violence, or any
other unlawful means, to overthrow a local, state,
or Federal government of the United States.
This search shall not include, and the Board
may not consider, posts that contain
characteristics of age, race, religion,
disability, or sex of the applicant.
(C) That the applicant 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,

SB2396 - 55 - LRB104 12152 RTM 22251 b
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.
(i) The Board may deny certification to a
person who received a sentence of supervision,
conditional discharge, or first offender
probation, or any similar disposition provided for
by law for a violation under 6.1. The Board shall
review shall consider any evidence of
rehabilitation and mitigating factors contained in
the person's record, including any of the
following factors and evidence, to determine if
the violation will impair the ability of the law
enforcement officer:
(I) the lack of direct relation of the
offense for which the person was previously

SB2396 - 56 - LRB104 12152 RTM 22251 b
convicted to the duties, functions, and
responsibilities of the law enforcement
officer;
(II) the age of the applicant at the time
of the criminal offense;
(III) successful completion of sentence;
(IV) evidence of the applicant's present
fitness and professional character;
(V) evidence of rehabilitation or
rehabilitative effort during or a term
conditional discharge, or first offender
probation, or any similar disposition provided
for by law; and
(VI) any other mitigating factors that
contribute to the person's potential and
current ability to perform as a law
enforcement officer.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized
to carry firearms under the authority of the employer, except
as otherwise authorized to carry a firearm under State or
federal law. Sheriffs who are elected as of January 1, 2022
(the effective date of Public Act 101-652) are exempt from the
requirement of certified status. Failure to be certified in

SB2396 - 57 - LRB104 12152 RTM 22251 b
accordance with this Act shall cause the officer to forfeit
the officer's position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive 60 days after upon termination, resignation,
retirement, or separation from the officer's employing law
enforcement agency for any reason. The Board shall
re-activate a certification upon written application from
the law enforcement officer's law enforcement agency that
shows the law enforcement officer: (i) has accepted a
full-time law enforcement position with that law
enforcement agency, and (ii) is not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board. The
Board may also establish special training requirements to
be completed as a condition for re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review for no more than
additional 60 days if there is missing or incomplete
information about the law enforcement officer available to

SB2396 - 58 - LRB104 12152 RTM 22251 b
the Board sufficient to make a decision. The reason for
this extension must be documented. A law enforcement
officer shall be allowed to be employed as a full-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
If the Board seeks to deny reactivation to a law
enforcement officer due to issues unrelated to training or
employment, it must proceed to discretionary
decertification under Section 6.3.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by an employing agency for
conduct subject to decertification under this Act or
resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating

SB2396 - 59 - LRB104 12152 RTM 22251 b
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board with a copy to the chief
administrator of the law enforcement officer's current or
new employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b) shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer:
(i) is employed in a full-time law enforcement position
with the same law enforcement agency, and (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the
Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation. A grant of a waiver is within
the discretion of the Board. Within 7 days of receiving a
request for a waiver under this Section, the Board shall
notify the law enforcement officer and the chief
administrator of the law enforcement officer's employing
agency, whether the request has been granted, denied, or

SB2396 - 60 - LRB104 12152 RTM 22251 b
if the Board will take additional time for information. If
a A law enforcement agency whose request for a waiver
under this subsection is denied the law enforcement
officer, law enforcement agency, or both the law
enforcement officer and the law enforcement agency are is
entitled to request a review of the denial by the Board.
The law enforcement agency must request a review within 20
days of the waiver being denied. The burden of proof shall
be on the law enforcement agency or law enforcement
officer to show why the law enforcement officer is
entitled to a waiver of the legislatively required
training and eligibility requirements.
(c) No provision of this Section shall be construed to
mean that a county corrections officer employed by a
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary county corrections
officer or as a permanent county corrections officer, shall
require certification under the provisions of this Section. No
provision of this Section shall be construed to apply to
certification of elected county sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.

SB2396 - 61 - LRB104 12152 RTM 22251 b
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing law enforcement agency shall allow
and provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act. All mandated
training shall be provided at no cost to the employees.
Employees shall be paid for all time spent attending mandated
training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) This Section does not apply to part-time law
enforcement officers or probationary part-time law enforcement
officers.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by Public Act 101-652, Public
Act 102-28, and Public Act 102-694 take effect July 1, 2022.
(h) An individual who is not certified by the Board or
whose certified status is inactive shall not function as a law

SB2396 - 62 - LRB104 12152 RTM 22251 b
enforcement officer, be assigned the duties of a law
enforcement officer by an employing law enforcement agency, or
be authorized to carry firearms under the authority of the
employer, except as otherwise authorized to carry a firearm
under State or federal law. Sheriffs who are elected as of
January 1, 2022 (the effective date of Public Act 101-652) are
exempt from the requirement of certified status. Failure to be
certified in accordance with this Act shall cause the officer
to forfeit the officer's position.
An employing law enforcement agency may not grant a person
status as a law enforcement officer unless the person has been
granted an active law enforcement officer certification by the
Board.
No provision of this Section shall be construed to mean
that a county corrections officer employed by a governmental
agency at the time of the effective date of this amendatory
Act, either as a probationary county corrections officer or as
a permanent county corrections officer, shall require
certification under the provisions of this Section. No
provision of this Section shall be construed to apply to
certification of elected county sheriffs who are elected as of
January 1, 2022 (the effective date of Public Act 101-652.)
(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
(50 ILCS 705/8.2)

SB2396 - 63 - LRB104 12152 RTM 22251 b
Sec. 8.2. Part-time law enforcement officers.
(a) A person hired to serve as a part-time law enforcement
officer must obtain from the Board a certificate (i) attesting
to the officer's: (i) successful completion of the part-time
police training course or ; (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) a training
waiver attesting to the Board's determination that the
part-time police training course is unnecessary because of the
person's prior law enforcement experience obtained in
Illinois, in any other state, or with an agency of the federal
government: (ii) successful completion of a background
investigation as dictated by Section 8.1(a)(2)(a)-(c).. A
person hired on or after March 14, 2002 (the effective date of
Public Act 92-533) this amendatory Act of the 92nd General
Assembly must obtain this certificate within 18 months after
the initial date of hire as a probationary part-time law
enforcement officer in the State of Illinois. The probationary
part-time law enforcement officer must be enrolled and
accepted into a Board-approved course within 6 months after
active employment by any department in the State. A person
hired on or after January 1, 1996 and before March 14, 2002
(the effective date of Public Act 92-533) this amendatory Act
of the 92nd General Assembly must obtain this certificate
within 18 months after the date of hire. A person hired before

SB2396 - 64 - LRB104 12152 RTM 22251 b
January 1, 1996 must obtain this certificate within 24 months
after January 1, 1996 (the effective date of Public Act
89-170) this amendatory Act of 1995. Agencies seeking a
reciprocity waiver for training completed outside of Illinois
must conduct a thorough background check and provide
verification of the officer's prior training. After review and
satisfaction of all requested conditions, the officer shall be
awarded an equivalency certificate satisfying the requirements
of this Section. Within 60 days after January 1, 2024 (the
effective date of Public Act 103-389) this amendatory Act of
the 103rd General Assembly, the Board shall adopt uniform
rules providing for a waiver process for a person previously
employed and qualified as a law enforcement or county
corrections officer under federal law or the laws of any other
state, or who has completed a basic law enforcement officer or
correctional officer academy who would be qualified to be
employed as a law enforcement officer or correctional officer
by the federal government or any other state. These rules
shall address the process for evaluating prior training
credit, a description and list of the courses typically
required for reciprocity candidates to complete prior to
taking the exam, and a procedure for employers seeking a
pre-activation determination for a reciprocity training
waiver. The rules shall provide that any eligible person
previously trained as a law enforcement or county corrections
officer under federal law or the laws of any other state shall

SB2396 - 65 - LRB104 12152 RTM 22251 b
successfully complete the following prior to the approval of a
waiver:
(1) a training program or set of coursework approved
by the Board on the laws of this State relevant to the
duties and training requirements of law enforcement and
county correctional officers;
(2) firearms training; and
(3) successful passage of the equivalency
certification examination.
The employing agency may seek an extension waiver from the
Board extending the period for compliance. An extension waiver
shall be issued only for good and justifiable reasons, and the
probationary part-time law enforcement officer may not
practice as a part-time law enforcement officer during the
extension waiver period. If training is required and not
completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit
the officer's position.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an agency, or be authorized to carry
firearms under the authority of the employer, except that
sheriffs who are elected are exempt from the requirement of
certified status. Failure to be in accordance with this Act
shall cause the officer to forfeit the officer's position.

SB2396 - 66 - LRB104 12152 RTM 22251 b
If the Board declines to grant a training waiver, the
Board must mail the refusal to the applicant and their
supporting law enforcement agency by both certified and
regular mail at the last known address of record. The
notification shall include a statement of determination,
reasons for denial, and the applicant's and law enforcement
agency's rights to contest and appeal under Section 6.4.
Should the applicant or law enforcement agency not appeal
within the time period specified in Section 6.4, the Board may
deem the law enforcement officer's waiver denied.
(a-5) A part-time probationary law enforcement officer
shall be allowed to complete 6 six months of a part-time police
training course and function as a law enforcement officer as
permitted by this subsection with a waiver from the Board,
provided the part-time law enforcement officer is still
enrolled in the training course. If the part-time probationary
law enforcement officer withdraws from the course for any
reason or does not complete the course within the applicable
time period, as extended by any waiver that may be granted,
then the officer must forfeit the officer's position. A
probationary law enforcement officer must function under the
following rules:
(1) A law enforcement agency may not grant a person
status as a law enforcement officer unless the person has
been granted an active law enforcement officer
certification by the Board.

SB2396 - 67 - LRB104 12152 RTM 22251 b
(2) A part-time probationary law enforcement officer
shall not be used as a permanent replacement for a
full-time law enforcement officer.
(3) A part-time probationary law enforcement officer
shall be directly supervised at all times by a
Board-certified Board certified law enforcement officer.
Direct supervision requires oversight and control with the
supervisor having final decision-making authority as to
the actions of the recruit during duty hours.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive 60 days after upon termination, resignation,
retirement, or separation from the employing agency for
any reason. The Board shall reactivate re-activate a
certification upon written application from the law
enforcement officer's employing agency that shows the law
enforcement officer: (i) has accepted a part-time law
enforcement position with that a law enforcement agency,
and (ii) is not the subject of a decertification
proceeding, and (iii) meets all other criteria for
re-activation required by the Board.
If the Board seeks to deny reactivation to a law
enforcement officer due to issues unrelated to training or
employment, it must proceed to discretionary

SB2396 - 68 - LRB104 12152 RTM 22251 b
decertification under Section 6.3.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by the officer's employing
agency for conduct subject to decertification under this
Act or resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board by the law enforcement officer's
employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's law
enforcement agency upon a showing that the law enforcement
officer is: (i) employed in a part-time law enforcement
position with the same law enforcement agency, and (ii)
not the subject of a decertification proceeding, and (iii)
meets all other criteria for re-activation required by the

SB2396 - 69 - LRB104 12152 RTM 22251 b
Board. The Board may also establish special training
requirements to be completed as a condition for
reactivation re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review. A law enforcement
officer shall be allowed to be employed as a part-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
(4) Notwithstanding paragraph (3) of this Section, a
law enforcement officer whose certification has become
inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation. A grant of a waiver is within
the discretion of the Board. Within 7 days of receiving a
request for a waiver under this Section section, the Board
shall notify the law enforcement officer and the chief
administrator of the law enforcement officer's employing
agency, whether the request has been granted, denied, or
if the Board will take additional time for information. If

SB2396 - 70 - LRB104 12152 RTM 22251 b
a A law enforcement agency or law enforcement officer,
whose request for a waiver under this subsection is
denied, the law enforcement officer and/or law enforcement
agency is entitled to request a review of the denial by the
Board. The law enforcement agency must request a review
within 20 days after the waiver being denied. The burden
of proof shall be on the law enforcement agency or law
enforcement officer to show why the law enforcement
officer is entitled to a waiver of the legislatively
required training and eligibility requirements.
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.

SB2396 - 71 - LRB104 12152 RTM 22251 b
(e-1) Each employing agency shall allow and provide an
opportunity for a law enforcement officer to complete the
requirements in this Act. All mandated training shall be
provided for at no cost to the employees. Employees shall be
paid for all time spent attending mandated training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) For the purposes of this Section, the Board shall
adopt rules defining what constitutes employment on a
part-time basis.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by Public Act 102-694 this
amendatory Act of the 102nd General Assembly and Public Act
101-652 take effect July 1, 2022.
(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24;
revised 7-29-24.)
(50 ILCS 705/8.3)
Sec. 8.3. Emergency order of suspension.

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(a) The Board, upon being notified that a law enforcement
officer has been arrested or indicted on any felony charge or
charges, may immediately suspend the law enforcement officer's
certification for a term specified by the Board to begin no
sooner than the date of the violation. The Board shall also
notify the chief administrator of any law enforcement agency
currently employing the officer. The Board shall have
authority to dissolve an emergency order of suspension at any
time for any reason.
(a-5) The Board may consider the following factors in
determining the term of a suspension:
(1) the seriousness of the conduct resulting in the
arrest;
(2) whether the offense contains an element of actual
or threatened bodily injury or coerce against another
person;
(3) the law enforcement officer's previous arrests;
(4) the law enforcement officer's previous
certification suspensions;
(5) actual or potential harm to public safety; and
(6) rebuttal evidence regarding mitigating factors.
(b) Notice of the immediate suspension shall be served on
the law enforcement officer, the employing agency, the chief
executive of the employing agency, and state the reason for
suspension within seven days.
(c) Upon service of the notice, the law enforcement

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officer's employing agency shall have 30 days to request to be
heard by the Panel. The hearing, if requested by the officer,
shall follow the hearing procedures as outlined in subsection
(h) of Section 6.4 6.3 of this Act. In the hearing, the written
communication and any other evidence obtained therewith may be
introduced as evidence against the law enforcement officer;
provided however, the law enforcement officer, or their
counsel, shall have the opportunity to discredit, impeach and
submit evidence rebutting such evidence to explain why the
officer's certification should not be suspended or why the
suspension should be shortened. The law enforcement officer
may also present any rebuttal evidence of mitigating factors.
(d) The Panel shall review the recommendation from the
administrative law judge regarding the suspension, and if the
Panel finds that the proof is evident or the presumption great
that the officer has committed the offense charged, the Panel
can sustain or reduce the length of the suspension. If the
Panel does not find that the proof is evident or the
presumption great that the officer has committed the offense
charged, the Panel can reverse the suspension.
If the law enforcement officer does not request to be
heard or does not appear, the Panel may hold the hearing in the
officer's absence. The law enforcement officer and the
employing agency shall be notified of the decision of the
Panel within 7 days. The law enforcement officer may request
to suspend the hearing until after the officer's criminal

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trial has occurred, however the suspension will remain intact
until the hearing.
(e) Findings and conclusions made in hearing for an
emergency suspension shall not be binding on any party in any
subsequent proceeding under this Act.
(f) A Panel member acting in good faith, and not in a
willful and wanton manner, in accordance with this Section,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages, including but not limited to
lost wages.
(g) 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 705/9.2)
Sec. 9.2. Officer professional conduct database;
transparency.
(a) (blank). All law enforcement agencies and the Illinois
State Police shall notify the Board of any final determination
of a willful violation of department, agency, or the Illinois
State Police policy, official misconduct, or violation of law
within 10 days when:
(1) the determination leads to a suspension of at
least 10 days;

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(2) any infraction that would trigger an official or
formal investigation under a law enforcement agency or the
Illinois State Police policy;
(3) there is an allegation of misconduct or regarding
truthfulness as to a material fact, bias, or integrity; or
(4) the officer resigns or retires during the course
of an investigation and the officer has been served notice
that the officer is under investigation.
Agencies and the Illinois State Police may report to the
Board any conduct they deem appropriate to disseminate to
another law enforcement agency regarding a law enforcement
officer.
The agency or the Illinois State Police shall report to
the Board within 10 days of a final determination and final
exhaustion of any administrative appeal, or the law
enforcement officer's resignation or retirement, and shall
provide information regarding the nature of the violation.
This notification shall not necessarily trigger certification
review.
A law enforcement agency and the Illinois State Police
shall be immune from liability for a disclosure made as
described in this subsection, unless the disclosure would
constitute intentional misrepresentation or gross negligence.
(b) (blank). Within 14 days after receiving notification
from a law enforcement agency or the Illinois State Police,
the Board must notify the law enforcement officer of the

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

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certified individual for a violation of an employing agency's
rules, policy or procedure or other misconduct or improper
action.
(1) This database shall also be accessible to the
State's Attorney of any county in this State and the
Attorney General for the purpose of complying with
obligations under Brady v. Maryland (373 U.S. 83) or
Giglio v. United States (405 U.S. 150). This database
shall also be accessible to the chief administrative
officer of any law enforcement agency for the purposes of
hiring law enforcement officers. This database shall not
be accessible to anyone not listed in this subsection.
(2) (Blank). Before a law enforcement agency may
appoint a law enforcement officer or a person seeking a
certification as a law enforcement officer in this State,
the chief administrative officer or designee must check
the Officer Professional Conduct Database, contact each
person's previous law enforcement employers, and document
the contact. This documentation must be available for
review by the Board for a minimum of five years after the
law enforcement officer's termination, retirement,
resignation or separation with that agency.
(3) The database, documents, materials, or other
information in the possession or control of the Board that
are obtained by or disclosed to the Board under this
subsection shall be confidential by law and privileged,

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shall not be subject to subpoena, and shall not be subject
to discovery or admissible in evidence in any private
civil action when sought from the Board. However, the
Board is authorized to use such documents, materials, or
other information in furtherance of any regulatory or
legal action brought as part of the Board's official
duties. The Board shall not disclose the database or make
such documents, materials, or other information it has
obtained or that has been disclosed to it to the public.
Neither the Board nor any person who received documents,
materials or other information shared under this
subsection shall be required to testify in any private
civil action concerning the database or any confidential
documents, materials, or information subject to this
subsection.
(d) The Board shall maintain a searchable database of law
enforcement officers accessible to the public that shall
include: (i) the law enforcement officer's employing agency;
(ii) the date of the officer's initial certification and the
officer's current certification status; and (iii) any
sustained complaint of misconduct that resulted in
decertification and the date thereof; provided, however, that
information shall not be included in the database that would
allow the public to ascertain the home address of an officer or
another person; provided further, that information regarding
an officer's or another person's family member shall not be

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included in the database. The Board shall make the database
publicly available on its website.
(e) The Board shall maintain a searchable database of all
completed investigations against law enforcement officers
related to decertification. The database shall identify each
law enforcement officer by a confidential and anonymous number
and include: (i) the law enforcement officer's employing
agency; (ii) the date of the incident referenced in the
complaint; (iii) the location of the incident; (iv) the race
and ethnicity of each officer involved in the incident; (v)
the age, gender, race and ethnicity of each person involved in
the incident, if known; (vi) whether a person in the
complaint, including a law enforcement officer, was injured,
received emergency medical care, was hospitalized or died as a
result of the incident; (vii) the law enforcement agency or
other entity assigned to conduct an investigation of the
incident; (viii) when the investigation was completed; (ix)
whether the complaint was sustained; and (x) the type of
misconduct investigated; provided, however, that the Board
shall redact or withhold such information as necessary to
prevent the disclosure of the identity of an officer. The
Board shall make the database publicly available on its
website.
(e-1) An investigation is complete when the investigation
has either been terminated or the decertification action,
including the administrative review process, has been

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completed, whichever is later.
(e-2) At any time, a law enforcement officer shall have
access to the law enforcement officer's own records on file
with the Board, as it pertains to the databases in this
Section.
(f) (blank). Annual report. The Board shall submit an
annual report to the Governor, Attorney General, President and
Minority Leader of the Senate, and the Speaker and Minority
Leader of the House of Representatives on or before March 1,
2023, and every year thereafter indicating:
(1) the number of complaints received in the preceding
calendar year, including but not limited to the race,
gender, and type of discretionary decertification
complaints received;
(2) the number of investigations initiated in the
preceding calendar year since the date of the last report;
(3) the number of investigations concluded in the
preceding calendar year;
(4) the number of investigations pending as of the
last date of the preceding calendar year;
(5) the number of hearings held in the preceding
calendar year; and
(6) the number of officers decertified in the
preceding calendar year.
The annual report shall be publicly available on the
website of the Board.

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(g) Nothing in this Section shall exempt a law
enforcement agency from which the Board has obtained data,
documents, materials, or other information or that has
disclosed data, documents, materials, or other information to
the Board from disclosing public records in accordance with
the Freedom of Information Act.
(h) 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 705/6.2 rep.)
Section 10. The Illinois Police Training Act is amended by
repealing Section 6.2.
SB2396 - 82 - LRB104 12152 RTM 22251 b
INDEX
Statutes amended in order of appearance
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.2-5 new
50 ILCS 705/6.3
50 ILCS 705/6.4 new
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.2
50 ILCS 705/8.3
50 ILCS 705/9.2
50 ILCS 705/6.2 rep.