Bill Text: IL SB3294 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified. Makes related changes. Provides that the Illinois Law Enforcement Training Standards Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that a police officer who has been licensed, certified, or granted a valid waiver shall be decertified or have his or her license or waiver revoked upon a determination by the Illinois Labor Relations Board State Panel that he or she knowingly and willfully violated a rule or regulation of his or her department or agency that has as a penalty the discharge or dismissal of the officer from the department or agency. Establishes hearing procedures on decertification. Contains other provisions. Effective immediately.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3294 Detail]

Download: Illinois-2009-SB3294-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3294 Introduced 2/9/2010, by Sen. Tim Bivins SYNOPSIS AS INTRODUCED:
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/6.2 new
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.2
Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified. Makes related changes. Provides that the Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that a police officer who has been licensed, certified, or granted a valid waiver shall be decertified or have his or her license or waiver revoked upon a determination by the Illinois Labor Relations Board State Panel that he or she knowingly and willfully violated a rule or regulation of his or her department or agency that has as a penalty the discharge or dismissal of the officer from the department or agency. Establishes hearing procedures on decertification. Contains other provisions. Effective immediately.
LRB096 20157 RLJ 35706 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3294 LRB096 20157 RLJ 35706 b
AN ACT concerning law enforcement training.
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 6, 6.1, 8.1, and 8.2 and adding Section 6.2
as follows:
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. 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 police officers, probationary county
corrections officers, and court security officers and of
providing advanced or in-service training for permanent police
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 local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act, including, but not limited to,
personnel rosters, employment status reports, and annual
training plans.
b. To establish appropriate mandatory minimum

SB3294 - 2 - LRB096 20157 RLJ 35706 b
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers.
c. To provide appropriate licensure or certification
to those probationary officers who successfully complete
the prescribed minimum standard basic training course.
d. To review and approve annual training curriculum for
county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been
convicted of a felony offense, any of the misdemeanors in
Sections 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15,
16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or
32-7 of the Criminal Code of 1961 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. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
(Source: P.A. 91-495, eff. 1-1-00.)
(50 ILCS 705/6.1)
Sec. 6.1. Revocation of license or decertification
Decertification of full-time and part-time police officers.

SB3294 - 3 - LRB096 20157 RLJ 35706 b
(a) The Board must review police officer conduct and
records to ensure that no police officer is licensed certified
or provided a valid waiver if that police officer has been
convicted of or has pled guilty 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 police officer is licensed certified or provided
a valid waiver if that police officer has been convicted on or
after the effective date of this amendatory Act of 1999 of any
misdemeanor specified in this Section or if committed in any
other state would be an offense similar to Section 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
Act. The Board must appoint investigators to enforce the duties
conferred upon the Board by this Act.
(b) It is the responsibility of the sheriff or the chief
executive officer of every local law enforcement agency or
department within this State to report to the Board any arrest
or conviction of any officer for an offense identified in this
Section.
(c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest or conviction for an
offense identified in this Section. Any full-time or part-time

SB3294 - 4 - LRB096 20157 RLJ 35706 b
police officer who knowingly makes, submits, causes to be
submitted, or files a false or untruthful report to the Board
must have his or her license 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 or convictions 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) Whenever a Any full-time or part-time police officer
with a license certificate or waiver issued by the Board who is
convicted of or pleads guilty to any offense described in this
Section, his or her license or waiver is automatically revoked
by operation of law 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 his or her conviction as
described in this Section or any continued law enforcement
practice after receiving a conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and have
all the powers possessed by policemen in cities and by
sheriff's, provided that the investigators may exercise those
powers anywhere in the State, only after contact and
cooperation with the appropriate local law enforcement
authorities.

SB3294 - 5 - LRB096 20157 RLJ 35706 b
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Department of 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
before, on, or after the effective date of this amendatory Act
of the 91st General Assembly against a basic academy applicant,
law enforcement applicant, or law enforcement officer whose
fingerprint identification cards are on file or maintained by
the Department of State Police. The Federal Bureau of
Investigation must provide the Board any 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 Department of 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.
(h) A police officer who has been certified, licensed, or
granted a valid waiver shall also be decertified, have his or
her license revoked, or have his or her waiver revoked upon a
determination by the Illinois Labor Relations Board State Panel
that he or she, while under oath, has knowingly and willfully
made false statements as to a material fact going to an element

SB3294 - 6 - LRB096 20157 RLJ 35706 b
of the offense of murder. If an appeal is filed, the
determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive

SB3294 - 7 - LRB096 20157 RLJ 35706 b
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators created
for this purpose. This task force shall consist of 8 sworn
police officers: 2 from the Illinois State Police, 2 from the
City of Chicago Police Department, 2 from county police
departments, and 2 from municipal police departments. These
investigators shall have a minimum of 5 years of experience in
conducting criminal investigations. The investigators shall be
appointed by the Executive Director of the Illinois Law
Enforcement Training Standards Board. Any officer or officers
acting in this capacity pursuant to this statutory provision
will have statewide police authority while acting in this
investigative capacity. Their salaries and expenses for the
time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training
Standards Board.
(j) Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the verified

SB3294 - 8 - LRB096 20157 RLJ 35706 b
complaint and shall write a report of his or her findings. This
report shall be submitted to the Executive Director of the
Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this dismissal
may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.

SB3294 - 9 - LRB096 20157 RLJ 35706 b
(k) In the case of a finding of guilt on the offense of
murder, if a new trial is granted on direct appeal, or a state
post-conviction evidentiary hearing is ordered, based on a
claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to
an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified or have his or her
license or waiver revoked if an interested party requests such
a hearing within 2 years of the court's decision. The complaint
shall be assigned to an administrative law judge within 30 days
so that a hearing can be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified complaint
at the hearing before the administrative law judge. The

SB3294 - 10 - LRB096 20157 RLJ 35706 b
Department of Professional Regulation shall have the
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to,
court documents and records. The Illinois Labor Relations Board
State Panel shall have the power to issue subpoenas requiring
the attendance of and testimony of witnesses and the production
of related documents including, but not limited to, court
documents and records and shall have the power to administer
oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the allegations
made by the person filing the verified complaint and, at the
close of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence to
support the verified complaint that the police officer has,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder, the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police officer
has, while under oath, knowingly and willfully made false
statements as to a material fact that goes to an element of the

SB3294 - 11 - LRB096 20157 RLJ 35706 b
offense of murder, the administrative law judge shall make a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be transcribed.
The Executive Director of the Illinois Law Enforcement Training
Standards Board shall be informed of the administrative law
judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the
recommendation.
(l) An officer named in any complaint filed pursuant to
this Act shall be indemnified for his or her reasonable
attorney's fees and costs by his or her employer. These fees
shall be paid in a regular and timely manner. The State, upon
application by the public employer, shall reimburse the public
employer for the accused officer's reasonable attorney's fees
and costs. At no time and under no circumstances will the
accused officer be required to pay his or her own reasonable
attorney's fees or costs.
(m) The accused officer shall not be placed on unpaid
status because of the filing or processing of the verified
complaint until there is a final non-appealable order
sustaining his or her guilt and his or her license or
certification is revoked. Nothing in this Act, however,
restricts the public employer from pursuing discipline against
the officer in the normal course and under procedures then in
place.
(n) The Illinois Labor Relations Board State Panel shall

SB3294 - 12 - LRB096 20157 RLJ 35706 b
review the administrative law judge's recommended decision and
order and determine by a majority vote whether or not there was
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as to
a material fact going to the offense of murder. Within 30 days
of service of the administrative law judge's recommended
decision and order, the parties may file exceptions to the
recommended decision and order and briefs in support of their
exceptions with the Illinois Labor Relations Board State Panel.
The parties may file responses to the exceptions and briefs in
support of the responses no later than 15 days after the
service of the exceptions. If exceptions are filed by any of
the parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold, vacate,
or modify the recommended decision and order. If the Illinois
Labor Relations Board State Panel concludes that there is clear
and convincing evidence that the accused officer, while under
oath, knowingly and willfully made false statements as to a
material fact going to an element of the offense murder, the
Illinois Labor Relations Board State Panel shall inform the
Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke
the accused officer's certification, license, or waiver. If the
accused officer appeals that determination to the Appellate
Court, as provided by this Act, he or she may petition the
Appellate Court to stay the revocation of his or her

SB3294 - 13 - LRB096 20157 RLJ 35706 b
certification, license, or waiver pending the court's review of
the matter.
(o) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent in
any of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the Illinois Labor Relations Board State
Panel or the courts.
(p) A party aggrieved by the final order of the Illinois
Labor Relations Board State Panel may apply for and obtain
judicial review of an order of the Illinois Labor Relations
Board State Panel, in accordance with the provisions of the
Administrative Review Law, except that such judicial review
shall be afforded directly in the Appellate Court for the
district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(q) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder may file a verified complaint pursuant to this Section.
For purposes of this Section, "interested parties" shall be
limited to the defendant and any police officer who has
personal knowledge that the police officer who is the subject
of the complaint has, while under oath, knowingly and willfully

SB3294 - 14 - LRB096 20157 RLJ 35706 b
made false statements as to a material fact going to an element
of the offense of murder.
(r) Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified or whose
licenses have been revoked since the date of the last
report.
(s) A police officer who has been licensed, certified, or
granted a valid waiver shall also be decertified or have his or
her license or waiver revoked upon a determination by the
Illinois Labor Relations Board State Panel that he or she,
while serving as a police officer with a department or agency,
has knowingly and willfully violated a rule or regulation of

SB3294 - 15 - LRB096 20157 RLJ 35706 b
the department or agency, on or after the effective date of
this amendatory Act of the 96th General Assembly, that has as a
penalty the discharge or dismissal of the officer from the
department or agency.
In the case of an officer who resigned or retired from the
department or agency before a formal determination, pursuant to
department or agency rules and regulations, is made on the
alleged violation, a verified complaint may be filed with the
Board alleging that the officer knowingly and willfully
violated a rule or regulation of his or her former department
or agency, on or after the effective date of this amendatory
Act of the 96th General Assembly, that results or may result in
the officer's discharge or dismissal from the department or
agency.
(1) A verified complaint may be filed under this
subsection (s) by the department or agency that employed
the officer, but only if the complaint is signed by all of
following:
(A) For a former police officer of a municipality:
(i) chief executive of the municipality;
(ii) head of the municipality's police
commission, if applicable;
(iii) police department chief of police or
chief executive officer;
(iv) labor representative, if applicable; and
(v) State's Attorney for the county in which

SB3294 - 16 - LRB096 20157 RLJ 35706 b
the officer was employed.
(B) For a former county sheriff or deputy sheriff:
(i) county board chairperson;
(ii) sheriff;
(iii) labor representative, if applicable; and
(iv) State's Attorney for the county in which
the officer was employed.
The verified complaint must be filed with the Executive
Director within 2 years after the officer's resignation or
retirement.
(2) Within 30 days after receiving the verified
complaint, the Executive Director of the Illinois Law
Enforcement Training Standards Board shall review the
verified complaint and determine whether the verified
complaint is frivolous and without merit, or whether
further investigation is warranted. The Illinois Law
Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, then the complaint shall be dismissed. The
Executive Director of the Illinois Law Enforcement
Training Standards Board has the sole discretion to make
this determination. The determination is not subject to

SB3294 - 17 - LRB096 20157 RLJ 35706 b
appeal.
(3) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, then he
or she shall refer the matter to a task force of
investigators created for this purpose. This task force
shall consist of 8 sworn police officers: 2 from the
Illinois State Police, 2 from the City of Chicago Police
Department, 2 from county police departments, and 2 from
municipal police departments. These investigators shall
have a minimum of 5 years of experience in conducting
investigations. The investigators shall be appointed by
the Executive Director of the Illinois Law Enforcement
Training Standards Board. Any officer or officers acting in
this capacity pursuant to this paragraph shall have
statewide police authority while acting in this
investigative capacity. Their salaries and expenses for
the time spent conducting investigations under this
paragraph shall be reimbursed by the Illinois Law
Enforcement Training Standards Board.
(4) The task force investigators shall conduct an
investigation of the verified complaint and shall file a
written report of their findings. The report shall be
submitted to the Executive Director of the Illinois Labor
Relations Board State Panel.
Within 30 days after receiving the report, the

SB3294 - 18 - LRB096 20157 RLJ 35706 b
Executive Director of the Illinois Labor Relations Board
State Panel shall review the investigative report and
determine whether sufficient evidence exists to conduct an
evidentiary hearing on the verified complaint. If the
Executive Director of the Illinois Labor Relations Board
State Panel determines upon his or her review of the
investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision
is in the Executive Director's sole discretion, and a
dismissal may not be appealed.
If the Executive Director of the Illinois Labor
Relations Board State Panel determines that there is
sufficient evidence to warrant a hearing, then a hearing
shall be ordered on the verified complaint, to be conducted
by an administrative law judge employed by the Illinois
Labor Relations Board State Panel. The Executive Director
of the Illinois Labor Relations Board State Panel shall
inform the Executive Director of the Illinois Law
Enforcement Training Standards Board and the department or
agency that filed the complaint of the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director of the Illinois Labor Relations Board
State Panel shall assign the complaint to the
administrative law judge within 30 days after the decision
granting a hearing.
(5) In the case of a formal determination by the

SB3294 - 19 - LRB096 20157 RLJ 35706 b
department or agency, pursuant to department or agency
rules and regulations, that the officer be discharged or
dismissed for knowingly and willfully violating a rule or
regulation of the department or agency, on or after the
effective date of this amendatory Act of the 96th General
Assembly, the Illinois Labor Relations Board State Panel
shall hold a hearing to determine whether the officer shall
be decertified or have his or her license or waiver
revoked. The department or agency must file a verified
complaint within 2 years after the officer's discharge or
dismissal for the Illinois Labor Relations Board State
Panel to hold a hearing. The complaint shall be assigned to
an administrative law judge within 30 days so that a
hearing can be scheduled.
(6) Once a case has been set for hearing, the verified
complaint shall be referred to the Department of
Professional Regulation. The Department of Professional
Regulation shall prosecute the verified complaint at the
hearing before the administrative law judge. The
Department of Professional Regulation shall have the
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not
limited to, court documents and records. The Illinois Labor
Relations Board State Panel shall have the power to issue

SB3294 - 20 - LRB096 20157 RLJ 35706 b
subpoenas requiring the attendance of and testimony of
witnesses and the production of related documents
including, but not limited to, court documents and records
and shall have the power to administer oaths.
At the hearing, the accused officer shall be afforded
the opportunity to:
(A) be represented by counsel of his or her own
choosing;
(B) be heard in his or her own defense;
(C) produce evidence in his or her defense; and
(D) request that the Illinois Labor Relations
Board State Panel compel the attendance of witnesses
and production of related documents including, but not
limited to, court documents and records.
(7) The administrative law judge shall have the
responsibility of receiving into evidence relevant
testimony and documents, including court records, to
support or disprove the allegations made by the department
or agency filing the verified complaint and, at the close
of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence
to support the verified complaint that the police officer
knowingly and willfully violated a rule or regulation of
his or her department or agency, on or after the effective
date of this Amendatory Act of the 96th General Assembly,
that results or may result in the discharge or dismissal of

SB3294 - 21 - LRB096 20157 RLJ 35706 b
the officer from the department or agency, the
administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor
Relations Board State Panel. If the administrative law
judge finds that there is clear and convincing evidence
that the police officer knowingly and willfully violated a
rule or regulation of his or her department or agency, on
or after the effective date of this Amendatory Act of the
96th General Assembly, that results or may result in the
discharge or dismissal of the officer from the department
or agency, the administrative law judge shall make a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be
transcribed. The Executive Director of the Illinois Law
Enforcement Training Standards Board shall be informed of
the administrative law judge's recommended findings and
decision and the Illinois Labor Relations Board State
Panel's subsequent review of the recommendation.
(8) The Illinois Labor Relations Board State Panel
shall review the administrative law judge's recommended
decision and order and determine by a majority vote whether
or not there was clear and convincing evidence that the
accused officer knowingly and willfully violated a rule or
regulation of his or her department or agency, on or after
the effective date of this Amendatory Act of the 96th
General Assembly, that results or may result in the

SB3294 - 22 - LRB096 20157 RLJ 35706 b
discharge or dismissal of the officer from the department
or agency. Within 30 days after service of the
administrative law judge's recommended decision and order,
the parties may file exceptions to the recommended decision
and order and briefs in support of their exceptions with
the Illinois Labor Relations Board State Panel. The parties
may file responses to the exceptions and briefs in support
of the responses no later than 15 days after the service of
the exceptions. If exceptions are filed by any of the
parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold,
vacate, or modify the recommended decision and order.
If the Illinois Labor Relations Board State Panel
concludes that there is clear and convincing evidence that
the accused officer knowingly and willfully violated a rule
or regulation of his or her department or agency, on or
after the effective date of this Amendatory Act of the 96th
General Assembly, that results or may result in the
discharge or dismissal of the officer from the department
or agency, the Illinois Labor Relations Board State Panel
shall inform the Illinois Law Enforcement Training
Standards Board and the Illinois Law Enforcement Training
Standards Board shall revoke the accused officer's
certification, license, or waiver. If the accused officer
appeals that determination to the Appellate Court, as
provided by this Act, he or she may petition the Appellate

SB3294 - 23 - LRB096 20157 RLJ 35706 b
Court to stay the revocation of his or her certification,
license, or waiver pending the court's review of the
matter.
(9) The accused officer shall not be placed on unpaid
status in any currently held police officer position
because of the filing or processing of a verified complaint
until there is a final non-appealable order sustaining his
or her guilt and his or her license or certification is
revoked.
(10) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent
in any of its decisions decided pursuant to the Illinois
Public Labor Relations Act by the Illinois Labor Relations
Board State Panel or the courts.
(11) A party aggrieved by the final order of the
Illinois Labor Relations Board State Panel may apply for
and obtain judicial review of an order of the Illinois
Labor Relations Board State Panel, in accordance with the
provisions of the Administrative Review Law, except that
such judicial review shall be afforded directly in the
Appellate Court for the district in which the accused
officer resides. Any direct appeal to the Appellate Court
shall be filed within 35 days after the date that a copy of
the decision sought to be reviewed was served upon the
party affected by the decision.
(12) It is the duty and responsibility of the sheriff

SB3294 - 24 - LRB096 20157 RLJ 35706 b
or the chief executive officer of a local law enforcement
agency or department within this State to report to the
Board any discharge or dismissal of any officer for a
violation identified in this subsection (s). It is the duty
and responsibility of a full-time or part-time police
officer in this State to report to the Board within 30 days
after his or her discharge or dismissal for a violation
identified in this subsection (s).
(13) Any full-time or part-time police officer who
knowingly makes, submits, causes to be submitted, or files
a false or untruthful report to the Board, under this
subsection (s), must have his or her license, certificate,
or waiver immediately decertified or revoked.
(14) Any person, or a local or State agency, or the
Board is immune from liability for submitting, disclosing,
or releasing information of violations pursuant to this
subsection (s) 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.
(Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
(50 ILCS 705/6.2 new)
Sec. 6.2. Conversion of certificates to licenses.
(a) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, the Board's recognition of

SB3294 - 25 - LRB096 20157 RLJ 35706 b
persons who have successfully completed the prescribed minimum
standard basic training course for police officers shall be
known as licensure rather than certification.
(b) If a person has successfully completed the prescribed
minimum standard basic training course for police officers and
holds a valid certification to that effect on the effective
date of this amendatory Act of the 96th General Assembly, that
certification shall be deemed to be a license for the purposes
of this Act.
(c) If, on the effective date of this amendatory Act of the
96th General Assembly, a person holds a valid waiver from one
of the certification requirements of this Act for police
officers, that waiver shall be deemed a waiver from the
corresponding licensure requirement of this Act.
(d) The Board shall replace the certificates or other
evidences of certification or waiver for police officers in use
on the effective date of this amendatory Act of the 96th
General Assembly with new credentials reflecting the change in
nomenclature instituted by this amendatory Act of the 96th
General Assembly.
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time police and county corrections
officers.
(a) After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer as defined

SB3294 - 26 - LRB096 20157 RLJ 35706 b
in this Act, nor shall any person receive, after the effective
date of this amendatory Act of 1984, a permanent appointment as
a county corrections officer, unless that person has been
awarded, within 6 six months of his or her initial full-time
employment, a license or certificate attesting to his or her
successful completion of the Minimum Standards Basic Law
Enforcement and County Correctional Training Course as
prescribed by the Board; or has been awarded a license or
certificate attesting to his or her 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 by reason of extensive prior law
enforcement or county corrections experience the basic
training requirement is determined by the Board to be illogical
and unreasonable.
If such training is required and not completed within the
applicable 6 six months, then the officer must forfeit his or
her position, or the employing agency must obtain a waiver from
the Board extending the period for compliance. Such waiver
shall be issued only for good and justifiable reasons, and in
no case shall extend more than 90 days beyond the initial 6 six
months.
(b) No provision of this Section shall be construed to mean
that a law enforcement officer employed by a local governmental
agency at the time of the effective date of this amendatory
Act, either as a probationary police officer or as a permanent

SB3294 - 27 - LRB096 20157 RLJ 35706 b
police officer, shall require licensure or certification under
the provisions of this Section.
No provision of this Section shall be construed to mean
that a county corrections officer employed by a local
governmental agency at the time of the effective date of this
amendatory Act of 1984, either as a probationary county
corrections 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
licensure or certification of elected county sheriffs.
(c) This Section does not apply to part-time police
officers or probationary part-time police officers.
(Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time police officers.
(a) A person hired to serve as a part-time police officer
must obtain from the Board a license or certificate (i)
attesting to his or her successful completion of the part-time
police training course; (ii) attesting to his or her
satisfactory completion of a training program of similar
content and number of hours that has been found acceptable by
the Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the part-time police training
course is unnecessary because of the person's extensive prior
law enforcement experience. A person hired on or after the

SB3294 - 28 - LRB096 20157 RLJ 35706 b
effective date of 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 police
officer in the State of Illinois. The probationary part-time
police 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 the effective date of this
amendatory Act of the 92nd General Assembly must obtain this
license or certificate within 18 months after the date of hire.
A person hired before January 1, 1996 must obtain this license
or certificate within 24 months after the effective date of
this amendatory Act of 1995.
The employing agency may seek a waiver from the Board
extending the period for compliance. A waiver shall be issued
only for good and justifiable reasons, and the probationary
part-time police officer may not practice as a part-time police
officer during the 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
his or her position.
(b) (Blank).
(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

SB3294 - 29 - LRB096 20157 RLJ 35706 b
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) For the purposes of this Section, the Board shall adopt
rules defining what constitutes employment on a part-time
basis.
(Source: P.A. 92-533, eff. 3-14-02.)
Section 99. Effective date. This Act takes effect upon