Bill Text: IL SB3547 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Police Training Act. Defines "active licensed law enforcement officer" and "inactive licensed law enforcement officer". Requires full-time and part-time police officers to be licensed rather than certified. Makes corresponding changes. Provides that the Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Sets forth procedures concerning the permanent appointment of a county corrections officer. Provides that each law enforcement officer, excluding any police chief, deputy police chief, or elected sheriff, shall complete a minimum of 32 hours of in-service training every 4 years during the term of his or her license. Sets forth requirements concerning the training. Contains other provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3547 Detail]
Download: Illinois-2011-SB3547-Introduced.html
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1 | AN ACT concerning law enforcement training.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Police Training Act is amended by | |||||||||||||||||||||||||||||||
5 | changing
Sections 2, 6, 6.1, 8.1, and 8.2 and adding Sections | |||||||||||||||||||||||||||||||
6 | 6.2 and 10.8 as follows:
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7 | (50 ILCS 705/2) (from Ch. 85, par. 502)
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8 | Sec. 2. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||||||
9 | context otherwise
requires:
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10 | "Active licensed law enforcement officer" means any full or | |||||||||||||||||||||||||||||||
11 | part-time law enforcement officer who (i) holds a valid 4-year | |||||||||||||||||||||||||||||||
12 | license issued by the Illinois Law Enforcement Training and | |||||||||||||||||||||||||||||||
13 | Standards Board, (ii) meets all of the applicable requirements | |||||||||||||||||||||||||||||||
14 | of this Act, and (iii) is employed by an agency or department | |||||||||||||||||||||||||||||||
15 | recognized by the Board. | |||||||||||||||||||||||||||||||
16 | "Board" means the Illinois Law Enforcement Training | |||||||||||||||||||||||||||||||
17 | Standards Board.
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18 | "Inactive licensed law enforcement officer" means any | |||||||||||||||||||||||||||||||
19 | individual who previously met the requirements of an active | |||||||||||||||||||||||||||||||
20 | licensed law enforcement officer, but is no longer employed by | |||||||||||||||||||||||||||||||
21 | an agency or department recognized by the Board because he or | |||||||||||||||||||||||||||||||
22 | she has retired, resigned, or otherwise left his or her | |||||||||||||||||||||||||||||||
23 | employer in good standing. |
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1 | "Local governmental agency" means any local governmental | ||||||
2 | unit or
municipal corporation in this State. It does not | ||||||
3 | include the State of
Illinois or any office, officer, | ||||||
4 | department, division, bureau, board,
commission, or agency of | ||||||
5 | the State, except that it does include a
State-controlled | ||||||
6 | university, college or public community college.
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7 | "Police training school" means any school located within | ||||||
8 | the State of
Illinois whether privately or publicly owned which | ||||||
9 | offers a course in
police or county corrections training and | ||||||
10 | has been approved by the Board.
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11 | "Probationary police officer" means a recruit law | ||||||
12 | enforcement officer
required to successfully complete initial | ||||||
13 | minimum basic training requirements
at a police training school | ||||||
14 | to be eligible for permanent full-time
employment as a local | ||||||
15 | law enforcement officer.
| ||||||
16 | "Probationary part-time police officer" means a recruit | ||||||
17 | part-time law
enforcement officer required to successfully | ||||||
18 | complete initial minimum part-time
training requirements to be | ||||||
19 | eligible for employment on a part-time basis as a
local law | ||||||
20 | enforcement officer.
| ||||||
21 | "Permanent police officer" means a law enforcement officer | ||||||
22 | who has
completed his or her probationary period and is | ||||||
23 | permanently employed on a
full-time basis as a local law | ||||||
24 | enforcement officer by a participating local
governmental unit | ||||||
25 | or as a security officer or campus policeman permanently
| ||||||
26 | employed by a participating State-controlled university, |
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1 | college, or public
community college.
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2 | "Part-time police officer" means a law enforcement officer | ||||||
3 | who has
completed his or her probationary period and is | ||||||
4 | employed on a part-time basis
as a law enforcement officer by a | ||||||
5 | participating unit of local government or as
a campus policeman | ||||||
6 | by a participating State-controlled university, college, or
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7 | public community college.
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8 | "Law enforcement officer" means (i) any police officer of a | ||||||
9 | local governmental
agency who is primarily responsible for
| ||||||
10 | prevention or detection of crime and the enforcement of the | ||||||
11 | criminal code,
traffic, or highway laws of this State or any | ||||||
12 | political subdivision
of this State or (ii) any member of a | ||||||
13 | police force appointed and maintained as provided in Section 2 | ||||||
14 | of the Railroad Police Act.
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15 | "Recruit" means any full-time or part-time law
enforcement | ||||||
16 | officer or
full-time
county corrections officer who is enrolled | ||||||
17 | in an
approved training course.
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18 | "Probationary county corrections officer" means a recruit | ||||||
19 | county
corrections officer required to successfully complete | ||||||
20 | initial minimum basic
training requirements at a police | ||||||
21 | training school to be eligible for permanent
employment on a | ||||||
22 | full-time basis as a county corrections officer.
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23 | "Permanent county corrections officer" means a county | ||||||
24 | corrections
officer who has completed his probationary period | ||||||
25 | and is permanently employed
on a full-time basis as a county | ||||||
26 | corrections officer by a participating
local governmental |
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1 | unit.
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2 | "County corrections officer" means any sworn
officer of the | ||||||
3 | sheriff who is primarily responsible for the control and | ||||||
4 | custody
of offenders, detainees or inmates.
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5 | "Probationary court security officer" means a recruit | ||||||
6 | court security
officer required to successfully complete | ||||||
7 | initial minimum basic training
requirements at a designated | ||||||
8 | training school to be eligible for employment as a
court | ||||||
9 | security officer.
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10 | "Permanent court security officer" means a court security | ||||||
11 | officer who has
completed his or her probationary period and is | ||||||
12 | employed as a court
security officer by a participating local | ||||||
13 | governmental unit.
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14 | "Court security officer" has the meaning ascribed to it in | ||||||
15 | Section 3-6012.1
of the Counties Code.
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16 | (Source: P.A. 94-846, eff. 1-1-07.)
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17 | (50 ILCS 705/6) (from Ch. 85, par. 506)
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18 | Sec. 6. Powers and duties of the Board; selection and | ||||||
19 | certification of schools. Selection and certification of | ||||||
20 | schools. The Board shall select
and certify schools within the | ||||||
21 | State of
Illinois for the purpose of providing basic training | ||||||
22 | for probationary
police officers, probationary county | ||||||
23 | corrections officers, and
court security officers and
of | ||||||
24 | providing advanced or in-service training for permanent police | ||||||
25 | officers
or permanent
county corrections officers, which |
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1 | schools may be either publicly or
privately owned and operated. | ||||||
2 | In addition, the Board has the following
power and duties:
| ||||||
3 | a. To require local governmental units to furnish such | ||||||
4 | reports and
information as the Board deems necessary to | ||||||
5 | fully implement this Act , including, but not limited to, | ||||||
6 | personnel rosters, employment status reports, and annual | ||||||
7 | training plans .
| ||||||
8 | b. To establish appropriate mandatory minimum | ||||||
9 | standards
relating to the training of probationary local | ||||||
10 | law enforcement officers
or probationary county | ||||||
11 | corrections officers.
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12 | c. To provide appropriate 4-year licensure | ||||||
13 | certification to those probationary
officers who | ||||||
14 | successfully complete the prescribed minimum standard | ||||||
15 | basic
training course.
| ||||||
16 | d. To review and approve annual training curriculum for | ||||||
17 | county sheriffs.
| ||||||
18 | e. To review and approve applicants to ensure no | ||||||
19 | applicant is admitted
to a certified academy unless the | ||||||
20 | applicant is a person of good character
and has not been | ||||||
21 | convicted of a felony offense, any of the
misdemeanors in | ||||||
22 | Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, | ||||||
23 | 12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, | ||||||
24 | 32-4a, or 32-7 of the Criminal Code
of
1961, subdivision | ||||||
25 | (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code | ||||||
26 | of 1961, or Section 5 or 5.2 of the Cannabis Control Act, |
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1 | or a crime involving
moral
turpitude under the laws of this | ||||||
2 | State or any other state which if
committed in this State | ||||||
3 | would be punishable as a felony or a crime of
moral | ||||||
4 | turpitude. The Board may appoint investigators who shall | ||||||
5 | enforce
the duties conferred upon the Board by this Act.
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6 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
7 | (50 ILCS 705/6.1)
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8 | Sec. 6.1. Revocation of license Decertification of | ||||||
9 | full-time and part-time police officers.
| ||||||
10 | (a) The Board must review police officer conduct and | ||||||
11 | records to ensure that
no
police officer is licensed certified
| ||||||
12 | or provided a valid waiver if that police officer has been | ||||||
13 | convicted of or has pled guilty to a
felony offense under the | ||||||
14 | laws of this
State or any other state which if committed in | ||||||
15 | this State would be punishable
as a felony. The Board must also
| ||||||
16 | ensure that no police officer is licensed certified or provided | ||||||
17 | a valid waiver if that
police officer has been convicted or has | ||||||
18 | pled guilty on or
after the effective date of this amendatory | ||||||
19 | Act of 1999 of any misdemeanor
specified in this Section or if
| ||||||
20 | committed in any other state would be an offense similar to | ||||||
21 | Section 11-1.50, 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, | ||||||
22 | 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, | ||||||
23 | or 32-7 of the
Criminal
Code of 1961, to subdivision (a)(1) or | ||||||
24 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, or | ||||||
25 | to Section 5 or
5.2 of the Cannabis Control Act. The Board must |
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1 | appoint investigators to
enforce the duties conferred upon the
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2 | Board by this Act.
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3 | (b) It is the responsibility of the sheriff or the chief | ||||||
4 | executive officer
of every local law enforcement
agency or | ||||||
5 | department within this State to report to the Board any arrest | ||||||
6 | or
conviction of any officer for an
offense identified in this | ||||||
7 | Section.
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8 | (c) It is the duty and responsibility of every full-time | ||||||
9 | and part-time
police officer in this State to report to
the | ||||||
10 | Board within 30 days, and the officer's sheriff or chief | ||||||
11 | executive officer,
of his or her arrest or conviction for or | ||||||
12 | plea of guilty to
an offense identified in this Section. Any | ||||||
13 | full-time or part-time police
officer who knowingly makes, | ||||||
14 | submits,
causes to be submitted, or files a false or untruthful | ||||||
15 | report to the Board must
have his or her license certificate or | ||||||
16 | waiver
immediately decertified or revoked.
| ||||||
17 | (d) Any person, or a local or State agency, or the Board is | ||||||
18 | immune from
liability for submitting,
disclosing, or releasing | ||||||
19 | information of arrests or convictions in this Section
as long | ||||||
20 | as the information is
submitted, disclosed, or released in good | ||||||
21 | faith and without malice. The Board
has qualified immunity for | ||||||
22 | the
release of the information.
| ||||||
23 | (e) Whenever a Any full-time or part-time police officer | ||||||
24 | with a license certificate or waiver
issued by the Board who is
| ||||||
25 | convicted of or pleads guilty to any offense described in this | ||||||
26 | Section , his or her license is automatically revoked |
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1 | immediately becomes
decertified or no longer has a valid
| ||||||
2 | waiver . The revocation of licenses decertification and | ||||||
3 | invalidity of waivers occurs as a matter of
law. Failure of a | ||||||
4 | convicted person to
report to the Board his or her conviction | ||||||
5 | or plea of guilty as described in this Section or any
continued | ||||||
6 | law enforcement practice
after receiving a conviction is a | ||||||
7 | Class 4 felony.
| ||||||
8 | (f) The Board's investigators are peace officers and have | ||||||
9 | all the powers
possessed by policemen in cities
and by | ||||||
10 | sheriff's, provided that the investigators may exercise those | ||||||
11 | powers
anywhere in the State, only after
contact and | ||||||
12 | cooperation with the appropriate local law enforcement | ||||||
13 | authorities.
| ||||||
14 | (g) The Board must request and receive information and | ||||||
15 | assistance from any
federal, state, or local
governmental | ||||||
16 | agency as part of the authorized criminal background
| ||||||
17 | investigation. The Department of State Police must process, | ||||||
18 | retain, and
additionally
provide
and disseminate information | ||||||
19 | to the Board concerning criminal charges, arrests,
| ||||||
20 | convictions, and their disposition, that have
been filed | ||||||
21 | before, on, or after the effective date of this amendatory Act | ||||||
22 | of
the 91st General Assembly against a basic academy applicant, | ||||||
23 | law enforcement
applicant, or law enforcement officer whose | ||||||
24 | fingerprint identification cards
are on file or maintained by | ||||||
25 | the Department of State Police. The Federal
Bureau
of
| ||||||
26 | Investigation must provide the Board any criminal history |
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1 | record information
contained in its files pertaining to law
| ||||||
2 | enforcement officers or any applicant to a Board certified | ||||||
3 | basic law
enforcement academy as described in this Act
based on | ||||||
4 | fingerprint identification. The Board must make payment of fees | ||||||
5 | to the
Department of State Police for each
fingerprint card | ||||||
6 | submission in conformance with the requirements of paragraph
22 | ||||||
7 | of Section 55a of the Civil
Administrative Code of Illinois.
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8 | (h) A police officer who has been licensed certified or | ||||||
9 | granted a valid waiver
shall
also be decertified or have his or | ||||||
10 | her license waiver revoked upon a determination by
the Illinois | ||||||
11 | Labor Relations
Board State Panel
that
he or she, while under | ||||||
12 | oath, has knowingly and willfully made false statements
as
to a | ||||||
13 | material fact going to an element of the offense of murder. If | ||||||
14 | an appeal
is filed, the determination shall be stayed.
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15 | (1) In the case of an acquittal on a charge of murder, | ||||||
16 | a verified
complaint may be filed:
| ||||||
17 | (A) by the defendant; or
| ||||||
18 | (B) by a police officer with personal knowledge of | ||||||
19 | perjured
testimony.
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20 | The complaint must allege that a police officer, while | ||||||
21 | under oath, knowingly
and
willfully made false statements | ||||||
22 | as to a material fact going to an element of
the
offense of | ||||||
23 | murder. The verified complaint must be filed with the | ||||||
24 | Executive
Director of the Illinois Law Enforcement | ||||||
25 | Training Standards Board within 2
years of the judgment of | ||||||
26 | acquittal.
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1 | (2) Within 30 days, the Executive Director of the | ||||||
2 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
3 | review the verified complaint and determine whether the
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4 | verified complaint is frivolous and without merit, or | ||||||
5 | whether further
investigation is
warranted. The Illinois | ||||||
6 | Law Enforcement Training Standards Board shall notify
the | ||||||
7 | officer and the Executive Director of the Illinois Labor | ||||||
8 | Relations Board
State Panel of the filing of the complaint | ||||||
9 | and any action taken thereon. If the
Executive Director of | ||||||
10 | the Illinois Law Enforcement Training
Standards Board | ||||||
11 | determines that the verified complaint is frivolous and | ||||||
12 | without
merit, it shall be dismissed. The Executive | ||||||
13 | Director of the Illinois Law
Enforcement Training | ||||||
14 | Standards Board has sole discretion to make this
| ||||||
15 | determination and this decision is not subject to appeal.
| ||||||
16 | (i) If the Executive Director of the Illinois Law | ||||||
17 | Enforcement Training
Standards Board determines that the | ||||||
18 | verified complaint warrants further
investigation, he or she | ||||||
19 | shall refer the matter to a task force of
investigators
created | ||||||
20 | for this purpose. This task force shall consist of 8 sworn | ||||||
21 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
22 | City of Chicago Police Department, 2
from county police | ||||||
23 | departments, and 2 from municipal police departments.
These | ||||||
24 | investigators shall have a minimum of 5 years of experience in | ||||||
25 | conducting
criminal investigations. The investigators shall be | ||||||
26 | appointed by the Executive
Director of the Illinois Law |
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| |||||||
1 | Enforcement Training Standards Board. Any officer
or officers | ||||||
2 | acting in this capacity pursuant to this statutory provision | ||||||
3 | will
have
statewide police authority while acting in this | ||||||
4 | investigative capacity. Their
salaries
and expenses for the | ||||||
5 | time spent conducting investigations under this paragraph
| ||||||
6 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
7 | Standards Board.
| ||||||
8 | (j) Once the Executive Director of the Illinois Law | ||||||
9 | Enforcement Training
Standards Board has determined that an | ||||||
10 | investigation is warranted, the verified
complaint shall be | ||||||
11 | assigned to an investigator or investigators. The
investigator
| ||||||
12 | or investigators shall conduct an investigation of the verified | ||||||
13 | complaint and
shall
write a report of his or her findings. This | ||||||
14 | report shall be submitted to the
Executive Director of the | ||||||
15 | Illinois Labor Relations Board State Panel.
| ||||||
16 | Within 30 days, the Executive Director of the Illinois | ||||||
17 | Labor Relations Board
State Panel
shall review the | ||||||
18 | investigative report and determine whether sufficient evidence
| ||||||
19 | exists to
conduct an evidentiary hearing on the verified | ||||||
20 | complaint. If the Executive
Director of the Illinois Labor | ||||||
21 | Relations Board State Panel determines upon his
or
her review | ||||||
22 | of the investigatory report that a hearing should not be | ||||||
23 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
24 | in the Executive Director's sole
discretion, and this dismissal | ||||||
25 | may not be appealed.
| ||||||
26 | If the Executive Director of the Illinois Labor Relations |
| |||||||
| |||||||
1 | Board
State Panel
determines that there is sufficient evidence | ||||||
2 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
3 | verified complaint, to be conducted by an administrative law
| ||||||
4 | judge employed by the Illinois Labor Relations Board State | ||||||
5 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
6 | Board State Panel shall inform the
Executive Director of the | ||||||
7 | Illinois Law Enforcement Training Standards Board and
the | ||||||
8 | person who filed the complaint of either the dismissal of the | ||||||
9 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
10 | Executive Director shall assign the complaint to the
| ||||||
11 | administrative law judge within 30 days
of the
decision | ||||||
12 | granting a hearing.
| ||||||
13 | (k) In the case of a finding of guilt on the offense of | ||||||
14 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
15 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
16 | claim that a police officer, under oath, knowingly and
| ||||||
17 | willfully made false statements as to a material fact going to | ||||||
18 | an element of
the
offense of murder, the Illinois Labor | ||||||
19 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
20 | whether the officer should have his or her license revoked be | ||||||
21 | decertified if an interested party
requests such a hearing | ||||||
22 | within 2 years of the court's decision. The complaint
shall be | ||||||
23 | assigned to an administrative law judge within 30 days so that | ||||||
24 | a
hearing can be scheduled.
| ||||||
25 | At the hearing, the accused officer shall be afforded the | ||||||
26 | opportunity to:
|
| |||||||
| |||||||
1 | (1) Be represented by counsel of his or her own | ||||||
2 | choosing;
| ||||||
3 | (2) Be heard in his or her own defense;
| ||||||
4 | (3) Produce evidence in his or her defense;
| ||||||
5 | (4) Request that the Illinois Labor Relations Board | ||||||
6 | State Panel compel the
attendance of witnesses and | ||||||
7 | production of related documents including but not
limited | ||||||
8 | to court documents and records.
| ||||||
9 | Once a case has been set for hearing, the verified | ||||||
10 | complaint shall be
referred to the Department of Professional | ||||||
11 | Regulation. That office shall
prosecute the verified complaint | ||||||
12 | at the hearing before the administrative law
judge. The | ||||||
13 | Department of Professional Regulation shall have the | ||||||
14 | opportunity to
produce evidence to support the verified | ||||||
15 | complaint and to request the Illinois
Labor
Relations Board | ||||||
16 | State Panel to compel the attendance of witnesses and the
| ||||||
17 | production of related documents, including, but not limited to, | ||||||
18 | court documents
and records. The Illinois Labor Relations Board | ||||||
19 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
20 | the attendance of and testimony of witnesses and
the production | ||||||
21 | of related documents including, but not limited to, court
| ||||||
22 | documents and records and shall have the power to administer | ||||||
23 | oaths.
| ||||||
24 | The administrative law judge shall have the responsibility | ||||||
25 | of receiving into
evidence relevant testimony and documents, | ||||||
26 | including court records, to support
or disprove the allegations |
| |||||||
| |||||||
1 | made by the person filing the verified complaint
and,
at the | ||||||
2 | close of the case, hear arguments. If the administrative law | ||||||
3 | judge finds
that there is not clear and convincing evidence to | ||||||
4 | support the verified
complaint
that the police officer has, | ||||||
5 | while under oath, knowingly and willfully made
false
statements | ||||||
6 | as to a material fact going to an element of the offense of | ||||||
7 | murder,
the
administrative law judge shall make a written | ||||||
8 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
9 | Board State Panel. If the administrative law judge
finds
that | ||||||
10 | there is clear and convincing evidence that the police officer | ||||||
11 | has, while
under
oath, knowingly and willfully made false | ||||||
12 | statements as to a material fact that
goes to an element of the | ||||||
13 | offense of murder, the administrative law judge shall
make a | ||||||
14 | written recommendation so concluding to the Illinois Labor | ||||||
15 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
16 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
17 | Standards Board shall be
informed of the
administrative law | ||||||
18 | judge's recommended findings and decision and the Illinois
| ||||||
19 | Labor Relations Board State Panel's subsequent review of the | ||||||
20 | recommendation.
| ||||||
21 | (l) An officer named in any complaint filed pursuant to | ||||||
22 | this Act shall be
indemnified for his or her reasonable | ||||||
23 | attorney's fees and costs by his or her
employer. These fees | ||||||
24 | shall be paid in a regular and timely manner. The State,
upon | ||||||
25 | application by the public employer, shall reimburse the public | ||||||
26 | employer
for
the accused officer's reasonable attorney's fees |
| |||||||
| |||||||
1 | and costs. At no time and
under
no circumstances will the | ||||||
2 | accused officer be required to pay his or her own
reasonable | ||||||
3 | attorney's fees or costs.
| ||||||
4 | (m) The accused officer shall not be placed on unpaid | ||||||
5 | status because of
the filing or processing of the verified | ||||||
6 | complaint until there is a final
non-appealable order | ||||||
7 | sustaining his or her guilt and his or her license | ||||||
8 | certification
is
revoked.
Nothing in this Act, however, | ||||||
9 | restricts the public employer from pursuing
discipline against | ||||||
10 | the officer in the normal course and under procedures then
in
| ||||||
11 | place.
| ||||||
12 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
13 | review the
administrative law judge's recommended decision and | ||||||
14 | order and determine by a
majority vote whether or not there was | ||||||
15 | clear and convincing evidence that the
accused officer, while | ||||||
16 | under oath, knowingly and willfully made false
statements
as to | ||||||
17 | a material fact going to the offense of murder. Within 30 days | ||||||
18 | of service
of
the administrative law judge's recommended | ||||||
19 | decision and order, the parties may
file exceptions to the | ||||||
20 | recommended decision and order and briefs in support of
their | ||||||
21 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
22 | The
parties
may file responses to the exceptions and briefs in | ||||||
23 | support of the responses no
later than 15 days after the | ||||||
24 | service of the exceptions. If exceptions are filed
by
any of | ||||||
25 | the parties, the Illinois Labor Relations Board State Panel | ||||||
26 | shall review
the
matter and make a finding to uphold, vacate, |
| |||||||
| |||||||
1 | or modify the recommended
decision and order. If the Illinois | ||||||
2 | Labor Relations Board State Panel concludes
that there is clear | ||||||
3 | and convincing evidence that the accused officer, while
under
| ||||||
4 | oath, knowingly and willfully made false statements as to a | ||||||
5 | material fact going
to
an element of the offense murder, the | ||||||
6 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
7 | Illinois Law Enforcement Training Standards Board and the
| ||||||
8 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
9 | the accused
officer's license certification . If the accused | ||||||
10 | officer appeals that determination to
the
Appellate Court, as | ||||||
11 | provided by this Act, he or she may petition the Appellate
| ||||||
12 | Court to stay the revocation of his or her license | ||||||
13 | certification pending the court's
review
of the matter.
| ||||||
14 | (o) None of the Illinois Labor Relations Board State | ||||||
15 | Panel's findings or
determinations shall set any precedent in | ||||||
16 | any of its decisions decided pursuant
to the Illinois Public | ||||||
17 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
18 | Panel or the courts.
| ||||||
19 | (p) A party aggrieved by the final order of the Illinois | ||||||
20 | Labor Relations
Board State Panel may apply for and obtain | ||||||
21 | judicial review of an order of the
Illinois Labor Relations | ||||||
22 | Board State Panel, in accordance with the provisions
of
the | ||||||
23 | Administrative Review Law, except that such judicial review | ||||||
24 | shall be
afforded
directly in the Appellate Court for the | ||||||
25 | district in which the accused officer
resides.
Any direct | ||||||
26 | appeal to the Appellate Court shall be filed within 35 days |
| |||||||
| |||||||
1 | from the
date that a copy of the decision sought to be reviewed | ||||||
2 | was served upon the
party
affected by the decision.
| ||||||
3 | (q) Interested parties. Only interested parties to the | ||||||
4 | criminal prosecution
in
which the police officer allegedly, | ||||||
5 | while under oath, knowingly and willfully
made
false statements | ||||||
6 | as to a material fact going to an element of the offense of
| ||||||
7 | murder may file a verified complaint pursuant to this Section. | ||||||
8 | For purposes of
this Section, "interested parties" shall be | ||||||
9 | limited to the defendant and any
police
officer who has | ||||||
10 | personal knowledge that the police officer who is the subject
| ||||||
11 | of
the complaint has, while under oath, knowingly and willfully | ||||||
12 | made false
statements
as
to a material fact going to an element | ||||||
13 | of the offense of murder.
| ||||||
14 | (r) Semi-annual reports. The Executive Director of the | ||||||
15 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
16 | reports to the Governor, President,
and
Minority Leader of the | ||||||
17 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
18 | Representatives beginning on June 30, 2004, indicating:
| ||||||
19 | (1) the number of verified complaints received since | ||||||
20 | the date of the
last
report;
| ||||||
21 | (2) the number of investigations initiated since the | ||||||
22 | date of the last
report;
| ||||||
23 | (3) the number of investigations concluded since the | ||||||
24 | date of the last
report;
| ||||||
25 | (4) the number of investigations pending as of the | ||||||
26 | reporting date;
|
| |||||||
| |||||||
1 | (5) the number of hearings held since the date of the | ||||||
2 | last report; and
| ||||||
3 | (6) the number of officers whose licenses have been | ||||||
4 | revoked decertified since the date of the last
report.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
6 | (50 ILCS 705/6.2 new)
| ||||||
7 | Sec. 6.2. Conversion of certificates to licenses.
| ||||||
8 | (a) Beginning on the effective date of this amendatory Act | ||||||
9 | of the 97th
General Assembly, the Board's recognition of active | ||||||
10 | licensed law enforcement officers who have
successfully
| ||||||
11 | completed the prescribed minimum standard basic training | ||||||
12 | course for police
officers shall be known
as licensure rather | ||||||
13 | than certification.
| ||||||
14 | (b) If an active licensed law enforcement officer has | ||||||
15 | successfully completed the prescribed minimum
standard
basic | ||||||
16 | training course for police officers and holds a valid | ||||||
17 | certification to
that effect on the
effective date of this | ||||||
18 | amendatory Act of the 97th General Assembly, that
certification | ||||||
19 | shall be deemed to be a license for the purposes of this Act, | ||||||
20 | and the individual shall be issued a license.
| ||||||
21 | (c) If, on the effective date of this amendatory Act of the | ||||||
22 | 97th General
Assembly, a law enforcement officer holds a valid | ||||||
23 | waiver from one of the certification
requirements of this Act | ||||||
24 | for police officers, he or she shall be issued a license.
| ||||||
25 | (d) The Board shall replace the certificates or other |
| |||||||
| |||||||
1 | evidences of
certification or waiver for police officers in use | ||||||
2 | on the effective date of
this amendatory Act
of the 97th | ||||||
3 | General Assembly with new credentials reflecting the change in
| ||||||
4 | nomenclature instituted by this amendatory Act of the 97th | ||||||
5 | General Assembly.
| ||||||
6 | (e) For the initial 4 years after the effective date of | ||||||
7 | this amendatory Act of the 97th General Assembly and | ||||||
8 | thereafter, the Board shall issue new licenses on a staggered | ||||||
9 | schedule.
| ||||||
10 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
11 | Sec. 8.1. Full-time police and county corrections | ||||||
12 | officers.
| ||||||
13 | (a) After January 1, 1976, no person shall receive a | ||||||
14 | permanent appointment
as a law enforcement officer as defined | ||||||
15 | in this Act , nor shall any person
receive, after the effective | ||||||
16 | date of this amendatory Act of 1984, a permanent
appointment as | ||||||
17 | a county corrections officer unless that person has been
| ||||||
18 | awarded, within 6
six months of his or her initial full-time
| ||||||
19 | employment, a 4-year license and verification certificate | ||||||
20 | attesting to his or her successful
completion of the Minimum | ||||||
21 | Standards Basic Law Enforcement and County
Correctional | ||||||
22 | Training Course as prescribed by the Board; or has been awarded | ||||||
23 | a
4-year license and verification certificate attesting to his | ||||||
24 | or her satisfactory completion
of a training program of similar | ||||||
25 | content and number of hours and which course
has been found |
| |||||||
| |||||||
1 | acceptable by the Board under the provisions of this Act; or by
| ||||||
2 | reason of extensive prior law enforcement or county corrections | ||||||
3 | experience the
basic training requirement is determined by the | ||||||
4 | Board to be illogical and
unreasonable.
| ||||||
5 | If such training is required and not completed within the | ||||||
6 | applicable 6
six months, then the officer must forfeit his or | ||||||
7 | her position, or the
employing agency must obtain a waiver from | ||||||
8 | the Board extending the period for
compliance. Such waiver | ||||||
9 | shall be issued only for good and justifiable reasons,
and in | ||||||
10 | no case shall extend more than 90 days beyond the initial 6
six
| ||||||
11 | months.
| ||||||
12 | (a-5) Beginning on the effective date of this amendatory | ||||||
13 | Act of the 97th General Assembly, no person shall receive a | ||||||
14 | permanent appointment as a county corrections officer unless | ||||||
15 | that person has been awarded, within 6 months of his or her | ||||||
16 | initial full-time employment, a certificate attesting to his or | ||||||
17 | her successful completion of the County Correctional Training | ||||||
18 | Course as prescribed by the Board; or has been awarded | ||||||
19 | certificate attesting to his or her satisfactory completion of | ||||||
20 | a training program of similar content and number of hours in a | ||||||
21 | course that has been found acceptable by the Board; or by | ||||||
22 | reason of extensive prior law enforcement or county corrections | ||||||
23 | experience, the basic training requirement is determined by the | ||||||
24 | Board to be waived. | ||||||
25 | If the training is required and not completed within the | ||||||
26 | applicable 6 months, then the officer must forfeit his or her |
| |||||||
| |||||||
1 | position, or the employing agency must obtain a waiver from the | ||||||
2 | Board extending the period for compliance. Such waiver shall be | ||||||
3 | issued only for good and justifiable reasons, and in no case | ||||||
4 | shall extend more than 90 days after the expiration of the | ||||||
5 | initial 6 six month period. | ||||||
6 | (b) No provision of this Section shall be construed to mean | ||||||
7 | that a law
enforcement officer employed by a local governmental | ||||||
8 | agency at the time of the
effective date of this amendatory | ||||||
9 | Act, either as a probationary police officer
or as a permanent | ||||||
10 | police officer, shall require licensure certification
under | ||||||
11 | the provisions of this Section.
| ||||||
12 | No provision of this Section shall be construed to mean | ||||||
13 | that a county
corrections officer employed by a local | ||||||
14 | governmental agency at the time of the
effective date of this | ||||||
15 | amendatory Act of 1984, either as a probationary county
| ||||||
16 | corrections or as a permanent county corrections officer, shall | ||||||
17 | require
certification under the provisions of this Section.
| ||||||
18 | No provision of this Section shall be construed to apply to | ||||||
19 | licensure
certification of elected county sheriffs.
| ||||||
20 | (c) This Section does not apply to part-time police | ||||||
21 | officers or
probationary part-time police officers.
| ||||||
22 | (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)
| ||||||
23 | (50 ILCS 705/8.2)
| ||||||
24 | Sec. 8.2. Part-time police officers.
| ||||||
25 | (a) A person hired to serve as a part-time
police officer |
| |||||||
| |||||||
1 | must obtain from the Board a license and verification | ||||||
2 | certificate (i) attesting to his
or her successful completion | ||||||
3 | of the part-time police training course; (ii)
attesting to his | ||||||
4 | or her satisfactory completion of a training program of
similar | ||||||
5 | content and number of hours that has been found acceptable by | ||||||
6 | the
Board under the provisions of this Act; or (iii) attesting | ||||||
7 | to the Board's
determination that the part-time police training | ||||||
8 | course is unnecessary because
of the person's extensive prior | ||||||
9 | law enforcement experience.
A person hired on or after the | ||||||
10 | effective date of this amendatory Act of the
92nd General | ||||||
11 | Assembly must obtain this certificate within 18 months after | ||||||
12 | the
initial date of hire as a probationary part-time police | ||||||
13 | officer in the State of
Illinois. The probationary part-time | ||||||
14 | police officer must be enrolled and
accepted into a | ||||||
15 | Board-approved course within 6 months after active employment
| ||||||
16 | by any department in the State.
A person hired
on or after | ||||||
17 | January 1, 1996 and before the effective date of this | ||||||
18 | amendatory
Act of the 92nd General Assembly must obtain this | ||||||
19 | license certificate within 18
months
after the date of hire. A | ||||||
20 | person hired before
January 1, 1996 must obtain this license | ||||||
21 | certificate within 24 months after the
effective date of this | ||||||
22 | amendatory Act of 1995.
| ||||||
23 | The employing agency may seek a waiver from the Board | ||||||
24 | extending the period
for compliance. A waiver shall be issued | ||||||
25 | only for good and justifiable
reasons, and the probationary | ||||||
26 | part-time police officer may not practice as a
part-time
police |
| |||||||
| |||||||
1 | officer during the waiver period. If training is
required and | ||||||
2 | not completed within the applicable time period, as extended by
| ||||||
3 | any waiver that may be granted, then the officer must forfeit | ||||||
4 | his or her
position.
| ||||||
5 | (b) (Blank).
| ||||||
6 | (c) The part-time police training course referred to in | ||||||
7 | this Section
shall be of similar content and the same number of | ||||||
8 | hours as the courses for
full-time officers and
shall be | ||||||
9 | provided by
Mobile Team In-Service Training Units under the | ||||||
10 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
11 | Training Act or by another approved program
or facility in a | ||||||
12 | manner prescribed by the
Board.
| ||||||
13 | (d) For the purposes of this Section, the Board shall adopt | ||||||
14 | rules defining
what constitutes employment on a part-time | ||||||
15 | basis.
| ||||||
16 | (Source: P.A. 92-533, eff. 3-14-02.)
| ||||||
17 | (50 ILCS 705/10.8 new) | ||||||
18 | Sec. 10.8. Mandatory law enforcement in-service training. | ||||||
19 | Each law enforcement officer, excluding any police chief, | ||||||
20 | deputy police chief, or elected sheriff, shall complete a | ||||||
21 | minimum of 32 hours of in-service training every 4 years during | ||||||
22 | the term of his or her license. The training must be approved | ||||||
23 | by the Illinois Law Enforcement Training and Standards Board | ||||||
24 | and must be scheduled by the officer's employing agency. This | ||||||
25 | requirement may be satisfied by attending any training |
| |||||||
| |||||||
1 | conference that has been approved by the Illinois Law | ||||||
2 | Enforcement Training and Standards Board.
|