Bill Text: IL SB3370 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-07 - Referred to Assignments [SB3370 Detail]

Download: Illinois-2023-SB3370-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3370 Introduced 2/7/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois State Police Act. Creates the Illinois Law Enforcement Standards Appeal Board in the Illinois State Police. Provides for the powers and duties of the Board, including to consider a request for appeal of a decision of the Illinois Law Enforcement Training Standards Board or staff that is brought by specified individuals. Amends the Illinois Police Training Act. Replaces appointment requirements for 6 members on the Illinois Law Enforcement Training Standards Board with new appointment requirements. Requires vacancies of the Board to be replaced within 90 days. Provides that the Board may not share with a person or organization information concerning the certification of or the decertification of an officer resulting from any process the Board is engaged with until the decision is final and all appeals have been exhausted, including sharing information with a State's Attorney or employer regarding the denial of a training waiver, and provides that an aggrieved officer may seek damages and costs against the Board for a violation. Modifies a definition of "convicted of, found guilty of, or entered a plea of guilty to, plea of nolo contendere to" in provisions concerning the officer professional conduct database, and adds a definition of "conviction" in provisions concerning discretionary decertification of full-time and part-time law enforcement officers. Provides that 1.5% of each deposit into the Traffic and Criminal Conviction Surcharge Fund shall be transferred to the Illinois Law Enforcement Standards Appeal Fund. Adds provisions relating to continued certification for one year for an officer who departs a department or agency in good standing, provisions relating to denial of certification, and provisions relating to implementation of the federal Law Enforcement Officer Safety Act of 2004. Amends the State Finance Act to create the Illinois Law Enforcement Standards Appeal Fund. Amends the Freedom of Information Act to make a conforming change.
LRB103 35788 AWJ 65871 b
A BILL FOR
SB3370 LRB103 35788 AWJ 65871 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of

SB3370 - 2 - LRB103 35788 AWJ 65871 b
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.

SB3370 - 3 - LRB103 35788 AWJ 65871 b
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and

SB3370 - 4 - LRB103 35788 AWJ 65871 b
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.

SB3370 - 5 - LRB103 35788 AWJ 65871 b
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement

SB3370 - 6 - LRB103 35788 AWJ 65871 b
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public

SB3370 - 7 - LRB103 35788 AWJ 65871 b
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.

SB3370 - 8 - LRB103 35788 AWJ 65871 b
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic

SB3370 - 9 - LRB103 35788 AWJ 65871 b
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)

SB3370 - 10 - LRB103 35788 AWJ 65871 b
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of

SB3370 - 11 - LRB103 35788 AWJ 65871 b
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.

SB3370 - 12 - LRB103 35788 AWJ 65871 b
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.

SB3370 - 13 - LRB103 35788 AWJ 65871 b
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section

SB3370 - 14 - LRB103 35788 AWJ 65871 b
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure

SB3370 - 15 - LRB103 35788 AWJ 65871 b
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders

SB3370 - 16 - LRB103 35788 AWJ 65871 b
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.

SB3370 - 17 - LRB103 35788 AWJ 65871 b
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State

SB3370 - 18 - LRB103 35788 AWJ 65871 b
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information exempt from disclosure under
subsection (g-1) of Section 6.1 of the Illinois Police
Training Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
revised 9-5-23.)
Section 10. The Illinois State Police Act is amended by

SB3370 - 19 - LRB103 35788 AWJ 65871 b
adding Section 12.8 as follows:
(20 ILCS 2610/12.8 new)
Sec. 12.8. Illinois Law Enforcement Standards Appeal
Board.
(a) As used in this Section:
"Affected party" means a certified officer, an employer of
a certified officer who is a sheriff or a chief of police, or a
labor representative of a certified officer.
"Appeal Board" means the Illinois Law Enforcement
Standards Appeal Board.
"Training Standards Board" means the Illinois Law
Enforcement Training Standards Board.
(b) The Illinois Law Enforcement Standards Appeal Board is
created in the Illinois State Police. The Appeal Board shall
meet its costs and pay all receipts from the balance of the
Illinois Law Enforcement Standards Appeal Fund, a special fund
that is created in the State treasury, and, subject to
appropriation, may be expended by the Appeal Board as
necessary in exercising the Appeal Board's powers and duties
under this Section.
(c) The powers and duties of the Appeal Board are as
follows:
(1) The Appeal Board shall consider a request for
appeal of any decision of the Training Standards Board or
the Training Standards Board's staff that is brought to

SB3370 - 20 - LRB103 35788 AWJ 65871 b
the Appeal Board by an affected party.
(2) An affected party may request an appeal of a
decision of the Training Standards Board or its staff that
negatively affects the ability to carry out the duties of
law enforcement either by an individual or by a group of
individuals. The affected party shall make the request in
a manner and on forms established by and provided by the
Appeal Board.
(3) The Appeal Board shall establish and make public a
process by which the Appeal Board will determine which
appeals will go before the full Appeal Board.
(4) The Appeal Board may establish committees or
subcommittees.
(5) The Appeal Board shall hire an executive director.
The executive director is responsible for carrying out the
responsibilities of the Appeal Board, including the daily
operation of the Appeal Board. The executive director
shall have all lawful duties assigned by the Appeal Board,
which shall include hiring staff, entering contracts for
goods or services, and paying for all costs associated
with operation of the Appeal Board.
(6) Upon receiving an appeal request and granting an
appeal hearing, the Appeal Board may uphold the decision
of the Training Standards Board or its staff or it may
reverse the decision of the Training Standards Board or
its staff in whole or in part. If the Appeal Board reverses

SB3370 - 21 - LRB103 35788 AWJ 65871 b
the decision of the Training Standards Board, it shall
instruct the Training Standards Board on how to proceed in
its underlying actions that precipitated the reversal.
A decision of the Appeal Board is binding on the
Training Standards Board until the Appeal Board's decision
is reversed by a court. An appeal of a decision of the
Appeal Board may be brought in either Sangamon County
Circuit Court or the Cook County Circuit Court.
(d) The Appeal Board members shall be appointed as follows
and shall have terms of 4 years. For a member who ceases to
meet the minimum qualifications of the member's appointment,
the member shall complete the remainder of the member's term.
A vacancy shall be filled by an appointment meeting the
requirements of the position which is vacant for the remainder
of the term. The Appeal Board shall elect its officers from the
membership of the Appeal Board, which shall include, at a
minimum, a chairperson and a vice-chairperson. The general
membership of the Appeal Board includes the following
appointed members:
(1) one certified officer employed by a Sheriff
appointed by the Senate President;
(2) one sheriff appointed by the Senate President;
(3) one certified police officer employed by a
municipality with a population more than 1,000,000
appointed by the House Speaker;
(4) one chief of police appointed by the House

SB3370 - 22 - LRB103 35788 AWJ 65871 b
Speaker;
(5) one chief of police appointed by the Senate
Minority Leader;
(6) one county corrections officer appointed by the
Senate Minority Leader;
(7) one certified police officer who is employed by a
municipality with a population less than 1,000,000
appointed by the House Minority Leader;
(8) one sheriff appointed by the House Minority
Leader;
(9) one individual appointed by the Attorney General;
(10) one State's Attorney appointed by the Governor;
and
(11) one individual appointed by the Governor who
shall serve as the chairman until such time that the Board
conducts an election for officers.
Section 15. The Illinois Police Training Act is amended by
changing Sections 3, 6.1, 6.2, 6.3, 8.1, 8.2, and 9 and by
adding Sections 6.8, 6.9, and 6.10 as follows:
(50 ILCS 705/3) (from Ch. 85, par. 503)
Sec. 3. Board; composition; appointments; tenure;
vacancies.
(a) The Board shall be composed of 18 members selected as
follows: The Attorney General of the State of Illinois, the

SB3370 - 23 - LRB103 35788 AWJ 65871 b
Director of the Illinois State Police, the Director of
Corrections, the Superintendent of the Chicago Police
Department, the Sheriff of Cook County, the Clerk of the
Circuit Court of Cook County, who shall serve as ex officio
members, and the following to be appointed by the Governor: 2
members of a collective bargaining unit representing law
enforcement who are certified officers serving a city with a
population of more than 1,000,000 mayors or village presidents
of Illinois municipalities, 2 Illinois county sheriffs from
counties other than Cook County, 2 members of a collective
bargaining unit representing law enforcement who are certified
officers, one serving a county with a population of less than
5,000,000 and one serving a city with a population of less than
1,000,000 managers of Illinois municipalities, 2 chiefs of
municipal police departments in Illinois having no
Superintendent of the Police Department on the Board, 2
citizens of Illinois who shall be certified law enforcement
officers and members of a collective bargaining unit members
of an organized enforcement officers' association, one active
member of a statewide association representing sheriffs, and
one active member of a statewide association representing
municipal police chiefs. The appointments of the Governor
shall be made on the first Monday of August in 1965 with 3 of
the appointments to be for a period of one year, 3 for 2 years,
and 3 for 3 years. Their successors shall be appointed in like
manner for terms to expire the first Monday of August each 3

SB3370 - 24 - LRB103 35788 AWJ 65871 b
years thereafter. All members shall serve until their
respective successors are appointed and qualify. Vacancies
shall be filled by the Governor for the unexpired terms. Any ex
officio member may appoint a designee to the Board who shall
have the same powers and immunities otherwise conferred to the
member of the Board, including the power to vote and be counted
toward quorum, so long as the member is not in attendance. Each
appointment must be made within 90 days of a vacancy
occurring.
(a-5) Within the Board is created a Review Committee. The
Review Committee shall review disciplinary cases in which the
Panel, the law enforcement officer, or the law enforcement
agency file for reconsideration of a decertification decision
made by the Board. The Review Committee shall be composed of 9
annually rotating members from the Board appointed by the
Board Chairman. One member of the Review Committee shall be
designated by the Board Chairman as the Chair. The Review
Committee shall sit in 3 member panels composed of one member
representing law enforcement management, one member
representing members of law enforcement, and one member who is
not a current or former member of law enforcement.
(b) When a Board member may have an actual, perceived, or
potential conflict of interest or appearance of bias that
could prevent the Board member from making a fair and
impartial decision regarding decertification:
(1) The Board member shall recuse himself or herself.

SB3370 - 25 - LRB103 35788 AWJ 65871 b
(2) If the Board member fails to recuse himself or
herself, then the Board may, by a simple majority of the
remaining members, vote to recuse the Board member. Board
members who are found to have voted on a matter in which
they should have recused themselves may be removed from
the Board by the Governor.
A conflict of interest or appearance of bias may include,
but is not limited to, matters where one of the following is a
party to a decision on a decertification or formal complaint:
someone with whom the member has an employment relationship;
any of the following relatives: spouse, parents, children,
adopted children, legal wards, stepchildren, step parents,
step siblings, half siblings, siblings, parents-in-law,
siblings-in-law, children-in-law, aunts, uncles, nieces, and
nephews; a friend; or a member of a professional organization,
association, or a union in which the member now actively
serves.
(c) A vacancy in members does not prevent a quorum of the
remaining sitting members from exercising all rights and
performing all duties of the Board.
(d) An individual serving on the Board shall not also
serve on the Panel.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
102-694, eff. 1-7-22.)
(50 ILCS 705/6.1)

SB3370 - 26 - LRB103 35788 AWJ 65871 b
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
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

SB3370 - 27 - LRB103 35788 AWJ 65871 b
upon the Board by this Act.
(a-1) (Blank). For purposes of this Section, 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.
(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. Any full-time or part-time law enforcement officer
who knowingly makes, submits, causes to be submitted, or files
a false or untruthful report to the Board must have the
officer's certificate or waiver immediately decertified or

SB3370 - 28 - LRB103 35788 AWJ 65871 b
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) 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.
(e-5) 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
similar disposition as provided for by law; except a person is
not considered to have been "convicted of, found guilty of, or

SB3370 - 29 - LRB103 35788 AWJ 65871 b
entered a plea of guilty to, plea of nolo contendere to" if the
person's charge is dismissed or expunged or the person is a
juvenile at the time of the arrest, at the time of
adjudication, or at the time of disposition of supervision.
(f) 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

SB3370 - 30 - LRB103 35788 AWJ 65871 b
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-1) The Board may not disclose to any person or
organization the certification of or the decertification of a
law enforcement officer resulting from any process the Board
is engaged with until the decision is final and all appeals
have been exhausted, including disclosing information with a
State's Attorney or employer regarding the denial of a
training waiver. If information disclosed by the Board
violates this subsection, a law enforcement officer may seek
damages in the amount of 5 times the actual damages plus costs
against the Board.
(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.
(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 705/6.3)

SB3370 - 31 - LRB103 35788 AWJ 65871 b
Sec. 6.3. Discretionary decertification of full-time and
part-time law enforcement officers.
(a) Definitions. For purposes of this Section 6.3:
"Conviction" means a judgment of conviction or sentence
entered upon a plea of guilty, upon a verdict, or upon a
finding of guilty of an offense rendered by a jury or by a
court authorized to try the case without a jury. "Conviction"
does not include a judgment of conviction or sentence that is
dismissed or expunged and does not include the judgment of
conviction or sentence of a person who is a juvenile at the
time of the underlying arrest, at the time of the judgment of
conviction or sentence, or at the time of disposition of
supervision of the judgment of conviction or sentence.
"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
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.

SB3370 - 32 - LRB103 35788 AWJ 65871 b
"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:
(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

SB3370 - 33 - LRB103 35788 AWJ 65871 b
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; and
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public; such conduct or practice need not have
resulted in actual injury to any person. As used in this
paragraph, the term "unprofessional conduct" shall include
any departure from, or failure to conform to, the minimal
standards of acceptable and prevailing practice of an
officer.
(b-5) The Board has the authority to decertify a full-time
or part-time law enforcement officer notwithstanding whether a
law enforcement agency takes disciplinary action against a law
enforcement officer for the same underlying conduct as
outlined in subsection (b).
(c) Notice of Alleged Violation.
(1) The following individuals and agencies shall

SB3370 - 34 - LRB103 35788 AWJ 65871 b
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
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

SB3370 - 35 - LRB103 35788 AWJ 65871 b
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
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

SB3370 - 36 - LRB103 35788 AWJ 65871 b
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 Board shall complete a preliminary review of
the allegations to determine whether there is sufficient
information to warrant a further investigation of any
violations of the Act. Upon initiating a preliminary
review of the allegations, the Board shall notify the head
of the law enforcement agency that employs the law
enforcement officer who is the subject of the allegations.
At the request of the Board, the law enforcement agency
must submit any copies of investigative findings,
evidence, or documentation to the Board in accordance with
rules adopted by the Board to facilitate the Board's
preliminary review. The Board may correspond with the law
enforcement agency, official records clerks or any

SB3370 - 37 - LRB103 35788 AWJ 65871 b
investigative agencies in conducting its preliminary
review.
(2) During the preliminary review, the Board will take
all reasonable steps to discover any and all objective
verifiable evidence relevant to the alleged violation
through the identification, retention, review, and
analysis of all currently available evidence, including,
but not limited to: all time-sensitive evidence, audio and
video evidence, physical evidence, arrest reports,
photographic evidence, GPS records, computer data, lab
reports, medical documents, and witness interviews. All
reasonable steps will be taken to preserve relevant
evidence identified during the preliminary investigation.
(3) If after a preliminary review of the alleged
violation or violations, the Board believes there is
sufficient information to warrant further investigation of
any violations of this Act, the alleged violation or
violations shall be assigned for investigation in
accordance with subsection (f).
(4) If after a review of the allegations, the Board
believes there is insufficient information supporting the
allegations to warrant further investigation, it may close
a notice. Notification of the Board's decision to close a
notice shall be sent to all relevant individuals,
agencies, and any entities that received notice of the
violation under subsection (c) within 30 days of the

SB3370 - 38 - LRB103 35788 AWJ 65871 b
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 Board shall
report any notice of violation it receives to the relevant
law enforcement agency, unless reporting the notice would
jeopardize any subsequent investigation. The Board shall
also record any notice of violation it receives to the
Officer Professional Conduct Database in accordance with
Section 9.2. The Board shall report to the appropriate
State's Attorney any alleged violations that contain
allegations, claims, or factual assertions that, if true,
would constitute a violation of Illinois law. The Board
shall inform the law enforcement officer via certified
mail that it has received a notice of violation against
the law enforcement officer.
If the Board determines that due to the circumstances
and the nature of the allegation that it would not be
prudent to notify the law enforcement officer and the
officer's law enforcement agency unless and until the
filing of a Formal Complaint, the Board shall document in
the file the reason or reasons a notification was not
made.
(6) If the law enforcement officer is involved in a
criminal proceeding on the same subject as the notice of

SB3370 - 39 - LRB103 35788 AWJ 65871 b
violation, the Board is responsible for maintaining a
current status report including court dates, hearings,
pleas, adjudication status and sentencing. A State's
Attorney's Office must notify the Board of any criminal
charges filed against a law enforcement officer, and must
provide updates of significant developments to the Board
in a timely manner but no later than 30 days after such
developments.
(f) Investigations; requirements. Investigations are to be
assigned after a preliminary review, unless the investigations
were closed under paragraph (4) of subsection (e), as follows
in paragraphs (1), (2), and (3) of this subsection (f).
(1) A law enforcement agency that submits a notice of
violation to the Board under subparagraph (A) of paragraph
(1) of subsection (c) shall be responsible for conducting
an investigation of the underlying allegations except
when: (i) the law enforcement agency refers the notice to
another law enforcement agency or the Board for
investigation and such other agency or the Board agrees to
conduct the investigation; (ii) an external, independent,
or civilian oversight agency conducts the investigation in
accordance with local ordinance or other applicable law;
or (iii) the Board has determined that it will conduct the
investigation based upon the facts and circumstances of
the alleged violation, including but not limited to,
investigations regarding the Chief or Sheriff of a law

SB3370 - 40 - LRB103 35788 AWJ 65871 b
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 Board regarding the progress of
the investigation. The quarterly report shall be reviewed
by the individual or individuals at the Board who
conducted the preliminary review, if available.
Any agency or entity conducting an investigation under
this paragraph (1) shall, within 7 days of completing an
investigation, deliver an Investigative Summary Report and
copies of any administrative evidence to the Board. If the
Board finds an investigation conducted under this
paragraph (1) is incomplete, unsatisfactory, or deficient
in any way, the Board may direct the investigating entity
or agency to take any additional investigative steps
deemed necessary to thoroughly and satisfactorily complete
the investigation, or the Board may take any steps
necessary to complete the investigation. The investigating
entity or agency or, when necessary, the Board will then
amend and re-submit the Investigative Summary Report to
the Board for approval.
The Board shall submit a report to the investigating
entity disclosing the name, address, and telephone numbers
of persons who have knowledge of facts which are the

SB3370 - 41 - LRB103 35788 AWJ 65871 b
subject of the investigation and identifying the subject
matter of their knowledge.
(2) The Board shall investigate and complete an
Investigative Summary Report when a State's Attorney's
Office submits a notice of violation to the Board under
(c)(1)(C).
(3) When a person submits a notice to the Board under
paragraph (2) of subsection (c), The Board shall assign
the investigation to the law enforcement agency that
employs the law enforcement officer, except when: (i) the
law enforcement agency requests to refer the notice to
another law enforcement agency or the Board for
investigation and such other agency or the Board agrees to
conduct the investigation; (ii) an external, independent,
or civilian oversight agency conducts the investigation in
accordance with local ordinance or other applicable law;
or (iii) the Board has determined that it will conduct the
investigation based upon the facts and circumstances of
the alleged violation, including but not limited to,
investigations regarding the Chief or Sheriff of a law
enforcement agency, familial conflict of interests,
complaints involving a substantial portion of a law
enforcement agency, or complaints involving a policy of a
law enforcement agency.
The investigating entity or agency shall submit
quarterly reports to the Board regarding the progress of

SB3370 - 42 - LRB103 35788 AWJ 65871 b
the investigation in a form to be determined by the Board.
The quarterly report shall be reviewed by the individual
at the Board who conducted the preliminary review, if
available.
The investigating entity or agency shall, within 7 days of
completing an investigation, deliver an Investigative
Summary Report and copies of any evidence to the Board. If
the Board finds an investigation conducted under this
subsection (f)(3) is incomplete, unsatisfactory, or
deficient in any way, the Board may direct the
investigating entity to take any additional investigative
steps deemed necessary to thoroughly and satisfactorily
complete the investigation, or the Board may take any
steps necessary to complete the investigation. The
investigating entity or agency or, when necessary, the
Board will then amend and re-submit the Investigative
Summary Report to the Board for approval. The
investigating entity shall cooperate with and assist the
Board, as necessary, in any subsequent investigation.
(4) Concurrent Investigations. The Board may, at any
point, initiate a concurrent investigation under this
section. The original investigating entity shall timely
communicate, coordinate, and cooperate with the Board to
the fullest extent. The Board shall promulgate rules that
shall address, at a minimum, the sharing of information
and investigative means such as subpoenas and interviewing

SB3370 - 43 - LRB103 35788 AWJ 65871 b
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

SB3370 - 44 - LRB103 35788 AWJ 65871 b
investigation shall be conducted in a manner that avoids
interference with, and preserves the integrity of, any
separate investigation by the Board being conducted.
(g) Formal complaints. Upon receipt of an Investigative
Summary Report, the Board shall review the Report and any
relevant evidence obtained and determine whether there is
reasonable basis to believe that the law enforcement officer
committed any conduct that would be deemed a violation of this
Act. If after reviewing the Report and any other relevant
evidence obtained, the Board determines that a reasonable
basis does exist, the Board shall file a formal complaint with
the Certification Review Panel.
(h) Formal Complaint Hearing.
(1) Upon issuance of a formal complaint, the Panel
shall set the matter for an initial hearing in front of an
administrative law judge. At least 30 days before the date
set for an initial hearing, the Panel must, in writing,
notify the law enforcement officer subject to the
complaint of the following:
(i) the allegations against the law enforcement
officer, the time and place for the hearing, and
whether the law enforcement officer's certification
has been temporarily suspended under Section 8.3;
(ii) the right to file a written answer to the
complaint with the Panel within 30 days after service
of the notice;

SB3370 - 45 - LRB103 35788 AWJ 65871 b
(iii) if the law enforcement officer fails to
comply with the notice of the default order in
paragraph (2), the Panel shall enter a default order
against the law enforcement officer along with a
finding that the allegations in the complaint are
deemed admitted, and that the law enforcement
officer's certification may be revoked as a result;
and
(iv) the law enforcement officer may request an
informal conference to surrender the officer's
certification.
(2) The Board shall send the law enforcement officer
notice of the default order. The notice shall state that
the officer has 30 days to notify the Board in writing of
their desire to have the order vacated and to appear
before the Board. If the law enforcement officer does not
notify the Board within 30 days, the Board may set the
matter for hearing. If the matter is set for hearing, the
Board shall send the law enforcement officer the notice of
the date, time and location of the hearing. If the law
enforcement officer or counsel for the officer does
appear, at the Board's discretion, the hearing may proceed
or may be continued to a date and time agreed upon by all
parties. If on the date of the hearing, neither the law
enforcement officer nor counsel for the officer appears,
the Board may proceed with the hearing for default in

SB3370 - 46 - LRB103 35788 AWJ 65871 b
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, the conduct charged in the complaint is
found to constitute sufficient grounds for decertification
under this Act. Notice of the decertification decision may
be served by personal delivery, by mail, or, at the
discretion of the Board, by electronic means as adopted by
rule to the address or email address specified by the law
enforcement officer in the officer's last communication
with the Board. Notice shall also be provided to the law
enforcement officer's employing law enforcement agency.
(4) The Board, at the request of the law enforcement
officer subject to the Formal Complaint, may suspend a
hearing on a Formal Complaint for no more than one year if
a concurrent criminal matter is pending. If the law
enforcement officer requests to have the hearing
suspended, the law enforcement officer's certification
shall be deemed inactive until the law enforcement
officer's Formal Complaint hearing concludes. The Board or
the law enforcement officer may request to have the
hearing suspended for up to 6 additional months for good
cause. This request may be renewed. For purposes of this
paragraph (4), "good cause" means an incident or

SB3370 - 47 - LRB103 35788 AWJ 65871 b
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.
(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

SB3370 - 48 - LRB103 35788 AWJ 65871 b
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
subsection.
(7) Hearing. At the hearing, the administrative law
judge will hear the allegations alleged in the complaint.
The law enforcement officer, the counsel of the officer's
choosing, and the Board, or the officer's counsel, shall
be afforded the opportunity to present any pertinent
statements, testimony, evidence, and arguments. The law
enforcement officer shall be afforded the opportunity to
request that the Board compel the attendance of witnesses
and production of related documents. After the conclusion
of the hearing, the administrative law judge shall report
any findings of fact, conclusions of law, and recommended

SB3370 - 49 - LRB103 35788 AWJ 65871 b
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, a party
shall disclose the following:
(i) The name and, if known, the address and
telephone number of each individual likely to have
information relevant to the hearing that the
disclosing party may use to support its claims or
defenses. This includes, but is not limited to, any
name that has previously been held as confidential by
the Board.
(ii) A copy of any documents and videos that are in
the possession, custody, or control of the party, and
that the disclosing party may use to support its
claims or defenses.
(8) Certification Review Meeting. Upon receipt of the
administrative law judge's findings of fact, conclusions
of law, and recommended disposition, and any submitted
objections from the law enforcement officer, the Panel
shall call for a certification review meeting.
In such a meeting, the Panel may adjourn into a closed
conference for the purposes of deliberating on the

SB3370 - 50 - LRB103 35788 AWJ 65871 b
evidence presented during the hearing. In closed
conference, the Panel shall consider the hearing officer's
findings of fact, conclusions of law, and recommended
disposition and may deliberate on all evidence and
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

SB3370 - 51 - LRB103 35788 AWJ 65871 b
Panel's recommendations, the Board, by majority vote,
shall issue a final decision to decertify the law
enforcement officer or take no action in regard to the law
enforcement officer. No new or additional evidence may be
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

SB3370 - 52 - LRB103 35788 AWJ 65871 b
part and issue a new final decision in the matter. The
Review Committee must notify the law enforcement officer
and their last employing law enforcement agency within 14
days of a denial and state the reasons for denial.
(i) This Section applies to conduct by a full-time or
part-time law enforcement officer in violation of subsection
(b) that occurred before, on, or after the effective date of
this amendatory Act of the 102nd General Assembly.
(j) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly and Public Act 101-652 take effect July
1, 2022.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(50 ILCS 705/6.8 new)
Sec. 6.8. Officer certification when departing employment.
(a) A police officer's or corrections officer's
certification is valid for one year after the officer departs
employment in good standing and with the officer's
certification still active. An employer, upon request by the
officer, may issue a statement to the officer providing that
the officer has left in good standing and shall also include
the date of termination of service.
(b) An officer is not required to receive a training
waiver if the officer resumes employment as a certified
officer with a department or agency in Illinois no later than

SB3370 - 53 - LRB103 35788 AWJ 65871 b
one year after the officer departs employment at the previous
department or agency under subsection (a). An officer who has
become deficient in any required training during the year of
continued certification under subsection (a) after departing
employment shall have one year from the date the officer is
reemployed by a new department or agency to complete all of the
deficient training.
(c) If an officer has continued certification under
subsection (a) and has a break in service of greater than one
year, the Board shall either (i) require the officer to
complete any training deficiencies prior to reemployment as a
certified officer or (ii) grant a training waiver and allow
the officer to complete any training deficiencies while
employed as a full-time officer within one year after
reemployment.
(d) Nothing in this Section permits an officer certified
as a part-time officer from serving as a full-time officer
without meeting the requirements and obtaining certification
as a full-time officer.
(50 ILCS 705/6.9 new)
Sec. 6.9. Denial of Certification; decertification.
(a) If the Board denies the decision of a training school
to approve a candidate to a qualified police training school,
the Board must inform the employer and the candidate of the
denial at least 14 days prior to the commencement of the start

SB3370 - 54 - LRB103 35788 AWJ 65871 b
of the training school.
(b) When decertifying an officer or when denying a
training waiver, the Board may only decertify the officer or
deny the training waiver for a criminal offense that would
have resulted, on the date and time the action was committed,
in decertification had the officer actually been employed as a
law enforcement officer at the time of the action.
Decertification may not happen retroactively for actions that
required certification after the date the actions were
committed.
(50 ILCS 705/6.10 new)
Sec. 6.10. Implementation of the federal Law Enforcement
Officer Safety Act of 2004. The Board and its staff are
responsible for facilitating and enabling coverage of active
and retired deputies, county correctional officers, and
correctional officers of the Department of Corrections in a
manner consistent with Public Act 102-779. If the Board and
its staff do not reasonably facilitate and enable coverage of
active or retired deputies, county correctional officers, or
correctional officers of the Department of Corrections under
the federal Law Enforcement Officer Safety Act of 2004 or if
the Board takes actions or refuses to take reasonable actions
that inhibit coverage, the deputy or officer may institute a
private right of action against the Board or its staff.

SB3370 - 55 - LRB103 35788 AWJ 65871 b
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
(Text of Section before amendment by P.A. 103-389)
Sec. 8.1. Full-time law enforcement and county corrections
officers.
(a) 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; or
has been awarded a certificate attesting to the 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 a
training waiver 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 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 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

SB3370 - 56 - LRB103 35788 AWJ 65871 b
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.
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
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 upon termination, resignation, retirement, or
separation from the officer's employing law enforcement

SB3370 - 57 - LRB103 35788 AWJ 65871 b
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,
(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. 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.
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

SB3370 - 58 - LRB103 35788 AWJ 65871 b
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 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, (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

SB3370 - 59 - LRB103 35788 AWJ 65871 b
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
if the Board will take additional time for information. A
law enforcement agency whose request for a waiver under
this subsection is denied 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 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

SB3370 - 60 - LRB103 35788 AWJ 65871 b
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.
(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,

SB3370 - 61 - LRB103 35788 AWJ 65871 b
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.
(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-389)
Sec. 8.1. Full-time law enforcement and county corrections
officers.
(a) 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; or
has been awarded a certificate attesting to the 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 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, the basic
training requirement is determined by the Board to be
illogical and unreasonable. The Board may not require an
officer employed as a full-time certified officer by one
department or agency who simultaneously becomes employed as a

SB3370 - 62 - LRB103 35788 AWJ 65871 b
part-time officer by another department or agency to receive a
waiver of training or take any other action for purposes of the
second employment. 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 the effective date of 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
successfully complete the following prior to the approval of a

SB3370 - 63 - LRB103 35788 AWJ 65871 b
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.
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 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.
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

SB3370 - 64 - LRB103 35788 AWJ 65871 b
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 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) Except as provided in Section 6.8, a A law
enforcement officer's certification becomes inactive 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, (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

SB3370 - 65 - LRB103 35788 AWJ 65871 b
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 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.
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
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

SB3370 - 66 - LRB103 35788 AWJ 65871 b
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, (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
if the Board will take additional time for information. A
law enforcement agency whose request for a waiver under
this subsection is denied is entitled to request a review
of the denial by the Board. The law enforcement agency

SB3370 - 67 - LRB103 35788 AWJ 65871 b
must request a review within 20 days of the waiver being
denied. The burden of proof shall be on the law
enforcement agency 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.
(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.

SB3370 - 68 - LRB103 35788 AWJ 65871 b
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.
(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)
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 successful completion of the part-time police
training course; (ii) attesting to the officer's satisfactory

SB3370 - 69 - LRB103 35788 AWJ 65871 b
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. The Board
may not require an officer employed as a part-time certified
officer by one department or agency who simultaneously becomes
employed as a part-time officer by another department or
agency to receive a waiver of training or take any other action
for purposes of the second employment. A person hired on or
after the 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 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 the effective date
of this amendatory Act of the 92nd General Assembly must
obtain this certificate within 18 months after the date of
hire. A person hired before January 1, 1996 must obtain this
certificate within 24 months after the effective date of this
amendatory Act of 1995. Agencies seeking a reciprocity waiver
for training completed outside of Illinois must conduct a

SB3370 - 70 - LRB103 35788 AWJ 65871 b
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 the effective date of 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
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

SB3370 - 71 - LRB103 35788 AWJ 65871 b
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.
(a-5) A part-time probationary law enforcement officer
shall be allowed to complete 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

SB3370 - 72 - LRB103 35788 AWJ 65871 b
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.
(2) A part-time probationary law enforcement officer
shall not be used as a permanent replacement for a
full-time law enforcement.
(3) A part-time probationary law enforcement officer
shall be directly supervised at all times by a 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) Except as provided in Section 6.8, a A law
enforcement officer's certification becomes inactive upon
termination, resignation, retirement, or separation from

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the employing agency for any reason. The Board shall
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, (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 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

SB3370 - 74 - LRB103 35788 AWJ 65871 b
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, (ii) 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. 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

SB3370 - 75 - LRB103 35788 AWJ 65871 b
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
if the Board will take additional time for information. A
law enforcement agency or law enforcement officer, whose
request for a waiver under this subsection is denied, 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 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

SB3370 - 76 - LRB103 35788 AWJ 65871 b
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.
(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 this amendatory Act of the
102nd General Assembly and Public Act 101-652 take effect July

SB3370 - 77 - LRB103 35788 AWJ 65871 b
1, 2022.
(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund. Moneys in this Fund shall be expended as
follows:
(1) a portion of the total amount deposited in the
Fund may be used, as appropriated by the General Assembly,
for the ordinary and contingent expenses of the Illinois
Law Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the
Fund shall be appropriated for the reimbursement of local
governmental agencies participating in training programs
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's
previous fiscal year for mandated training for
probationary law enforcement officers or probationary
county corrections officers and for optional advanced and
specialized law enforcement or county corrections
training; these reimbursements may include the costs for
tuition at training schools, the salaries of trainees
while in schools, and the necessary travel and room and
board expenses for each trainee; if the appropriations
under this paragraph (2) are not sufficient to fully

SB3370 - 78 - LRB103 35788 AWJ 65871 b
reimburse the participating local governmental agencies,
the available funds shall be apportioned among such
agencies, with priority first given to repayment of the
costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent law enforcement officers or permanent county
corrections officers;
(3) a portion of the total amount deposited in the
Fund may be used to fund the Intergovernmental Law
Enforcement Officer's In-Service Training Act, veto
overridden October 29, 1981, as now or hereafter amended,
at a rate and method to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois State Police for expenses incurred in the
training of employees from any State, county, or municipal
agency whose function includes enforcement of criminal or
traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training
of employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;

SB3370 - 79 - LRB103 35788 AWJ 65871 b
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local
law enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act; and
(8) a portion of the Fund may be used by the Board to
create a law enforcement grant program available for units
of local government to fund crime prevention programs,
training, and interdiction efforts, including enforcement
and prevention efforts, relating to the illegal cannabis
market and driving under the influence of cannabis; and .
(9) 1.5% of each deposit into the Fund shall be
transferred by the Comptroller to the Illinois Law
Enforcement Standards Appeal Fund within 10 days after
deposit of the moneys.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys
appropriated for the purposes specified in this Section. No
more than 50% of any appropriation under this Act shall be
spent in any city having a population of more than 500,000. The
State Comptroller and the State Treasurer shall from time to
time, at the direction of the Governor, transfer from the
Traffic and Criminal Conviction Surcharge Fund to the General
Revenue Fund in the State Treasury such amounts as the
Governor determines are in excess of the amounts required to
meet the obligations of the Traffic and Criminal Conviction

SB3370 - 80 - LRB103 35788 AWJ 65871 b
Surcharge Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 20. The State Finance Act is amended by adding
Section 1.1015 as follows:
(30 ILCS 105/1.1015 new)
Sec. 1.1015. The Illinois Law Enforcement Standards Appeal
Fund.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
SB3370 - 81 - LRB103 35788 AWJ 65871 b
INDEX
Statutes amended in order of appearance