Bill Text: IL SB4005 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Police Training Act. Requires full-time and part-time police officers to be licensed rather than certified. Makes related changes. Provides that the Illinois Law Enforcement Training Standards Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that a police officer who has been licensed, certified, or granted a valid waiver shall be decertified or have his or her license or waiver revoked upon a determination by the Illinois Labor Relations Board State Panel that he or she knowingly and willfully violated a rule or regulation of his or her department or agency that has as a penalty the discharge or dismissal of the officer from the department or agency. Establishes hearing procedures on decertification. Contains other provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB4005 Detail]
Download: Illinois-2019-SB4005-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 6, 6.1, 8.1, and 8.2 and adding Section 6.2 | ||||||||||||||||||||||||||||||||
6 | as follows:
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7 | (50 ILCS 705/6) (from Ch. 85, par. 506)
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8 | Sec. 6. Powers and duties of the Board; selection and | ||||||||||||||||||||||||||||||||
9 | certification of schools. The Board shall select
and certify | ||||||||||||||||||||||||||||||||
10 | schools within the State of
Illinois for the purpose of | ||||||||||||||||||||||||||||||||
11 | providing basic training for probationary
police officers, | ||||||||||||||||||||||||||||||||
12 | probationary county corrections officers, and
court security | ||||||||||||||||||||||||||||||||
13 | officers and
of providing advanced or in-service training for | ||||||||||||||||||||||||||||||||
14 | permanent police officers
or permanent
county corrections | ||||||||||||||||||||||||||||||||
15 | officers, which schools may be either publicly or
privately | ||||||||||||||||||||||||||||||||
16 | owned and operated. In addition, the Board has the following
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17 | power and duties:
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18 | a. To require local governmental units to furnish such | ||||||||||||||||||||||||||||||||
19 | reports and
information as the Board deems necessary to | ||||||||||||||||||||||||||||||||
20 | fully implement this Act ,
including, but not limited to, | ||||||||||||||||||||||||||||||||
21 | personnel rosters, employment status
reports, and annual
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22 | training plans .
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23 | b. To establish appropriate mandatory minimum |
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1 | standards
relating to the training of probationary local | ||||||
2 | law enforcement officers
or probationary county | ||||||
3 | corrections officers, and in-service training of permanent | ||||||
4 | police officers.
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5 | c. To provide appropriate licensure or certification | ||||||
6 | to those probationary
officers who successfully complete | ||||||
7 | the prescribed minimum standard basic
training course.
| ||||||
8 | d. To review and approve annual training curriculum for | ||||||
9 | county sheriffs.
| ||||||
10 | e. To review and approve applicants to ensure that no | ||||||
11 | applicant is admitted
to a certified academy unless the | ||||||
12 | applicant is a person of good character
and has not been | ||||||
13 | convicted of, or entered a plea of guilty to, a felony | ||||||
14 | offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||||||
15 | 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, | ||||||
16 | 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | ||||||
17 | Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
18 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
20 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
22 | the Cannabis Control Act, or a crime involving
moral
| ||||||
23 | turpitude under the laws of this State or any other state | ||||||
24 | which if
committed in this State would be punishable as a | ||||||
25 | felony or a crime of
moral turpitude. The Board may appoint | ||||||
26 | investigators who shall enforce
the duties conferred upon |
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1 | the Board by this Act.
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2 | (Source: P.A. 101-187, eff. 1-1-20 .)
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3 | (50 ILCS 705/6.1)
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4 | Sec. 6.1. Revocation of license or decertification | ||||||
5 | Decertification of full-time and part-time police officers.
| ||||||
6 | (a) The Board must review police officer conduct and | ||||||
7 | records to ensure that
no
police officer is licensed certified
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8 | or provided a valid waiver if that police officer has been | ||||||
9 | convicted of or has pled guilty to , or entered a plea of guilty | ||||||
10 | to, a
felony offense under the laws of this
State or any other | ||||||
11 | state which if committed in this State would be punishable
as a | ||||||
12 | felony. The Board must also
ensure that no police officer is | ||||||
13 | licensed certified or provided a valid waiver if that
police | ||||||
14 | officer has been convicted of, or entered a plea of guilty to, | ||||||
15 | on or
after the effective date of this amendatory Act of 1999 | ||||||
16 | of any misdemeanor
specified in this Section or if
committed in | ||||||
17 | any other state would be an offense similar to Section 11-1.50, | ||||||
18 | 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, | ||||||
19 | 17-2, 28-3, 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
| ||||||
20 | Criminal
Code of 1961 or the Criminal Code of 2012, to | ||||||
21 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
23 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||||||
25 | Cannabis Control Act. The Board must appoint investigators to
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1 | enforce the duties conferred upon the
Board by this Act.
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2 | (b) It is the responsibility of the sheriff or the chief | ||||||
3 | executive officer
of every local law enforcement
agency or | ||||||
4 | department within this State to report to the Board any arrest,
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5 | conviction, or plea of guilty of any officer for an
offense | ||||||
6 | identified in this Section.
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7 | (c) It is the duty and responsibility of every full-time | ||||||
8 | and part-time
police officer in this State to report to
the | ||||||
9 | Board within 30 days, and the officer's sheriff or chief | ||||||
10 | executive officer,
of his or her arrest, conviction, or plea of | ||||||
11 | guilty for
an offense identified in this Section. Any full-time | ||||||
12 | or part-time police
officer who knowingly makes, submits,
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13 | causes to be submitted, or files a false or untruthful report | ||||||
14 | to the Board must
have his or her license certificate or waiver
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15 | immediately decertified or revoked.
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16 | (d) Any person, or a local or State agency, or the Board is | ||||||
17 | immune from
liability for submitting,
disclosing, or releasing | ||||||
18 | information of arrests, convictions, or pleas of guilty in this | ||||||
19 | Section
as long as the information is
submitted, disclosed, or | ||||||
20 | released in good faith and without malice. The Board
has | ||||||
21 | qualified immunity for the
release of the information.
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22 | (e) Whenever a Any full-time or part-time police officer | ||||||
23 | with a license certificate or waiver
issued by the Board who is
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24 | convicted of or pleads guilty to , or entered a plea of guilty | ||||||
25 | to, any offense described in this Section , his or her license | ||||||
26 | or waiver is automatically revoked by operation of law. |
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1 | immediately becomes
decertified or no longer has a valid
| ||||||
2 | waiver. The decertification and invalidity of waivers occurs as | ||||||
3 | a matter of
law. Failure of a convicted person to
report to the | ||||||
4 | Board his or her conviction as described in this Section or any
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5 | continued law enforcement practice
after receiving a | ||||||
6 | conviction is a Class 4 felony.
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7 | (f) The Board's investigators are peace officers and have | ||||||
8 | all the powers
possessed by policemen in cities
and by | ||||||
9 | sheriff's, and these investigators may exercise those powers
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10 | anywhere in the State.
An investigator shall not have peace | ||||||
11 | officer status or exercise police powers unless he or she | ||||||
12 | successfully completes the basic police training course | ||||||
13 | mandated and approved by the Board or the Board waives the | ||||||
14 | training requirement by reason of the investigator's prior law | ||||||
15 | enforcement experience, training, or both. The Board shall not | ||||||
16 | waive the training requirement unless the investigator has had | ||||||
17 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
18 | State, or federal law enforcement agency.
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19 | (g) The Board must request and receive information and | ||||||
20 | assistance from any
federal, state, or local
governmental | ||||||
21 | agency as part of the authorized criminal background
| ||||||
22 | investigation. The Department of State Police must process, | ||||||
23 | retain, and
additionally
provide
and disseminate information | ||||||
24 | to the Board concerning criminal charges, arrests,
| ||||||
25 | convictions, and their disposition, that have
been filed | ||||||
26 | before, on, or after the effective date of this amendatory Act |
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1 | of
the 91st General Assembly against a basic academy applicant, | ||||||
2 | law enforcement
applicant, or law enforcement officer whose | ||||||
3 | fingerprint identification cards
are on file or maintained by | ||||||
4 | the Department of State Police. The Federal
Bureau
of
| ||||||
5 | Investigation must provide the Board any criminal history | ||||||
6 | record information
contained in its files pertaining to law
| ||||||
7 | enforcement officers or any applicant to a Board certified | ||||||
8 | basic law
enforcement academy as described in this Act
based on | ||||||
9 | fingerprint identification. The Board must make payment of fees | ||||||
10 | to the
Department of State Police for each
fingerprint card | ||||||
11 | submission in conformance with the requirements of paragraph
22 | ||||||
12 | of Section 55a of the Civil
Administrative Code of Illinois.
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13 | (h) A police officer who has been certified , licensed, or | ||||||
14 | granted a valid waiver
shall
also be decertified , have his or | ||||||
15 | her license revoked, or have his or her waiver revoked upon a | ||||||
16 | determination by
the Illinois Labor Relations
Board State Panel
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17 | that
he or she, while under oath, has knowingly and willfully | ||||||
18 | made false statements
as
to a material fact going to an element | ||||||
19 | of the offense of murder. If an appeal
is filed, the | ||||||
20 | determination shall be stayed.
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21 | (1) In the case of an acquittal on a charge of murder, | ||||||
22 | a verified
complaint may be filed:
| ||||||
23 | (A) by the defendant; or
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24 | (B) by a police officer with personal knowledge of | ||||||
25 | perjured
testimony.
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26 | The complaint must allege that a police officer, while |
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| |||||||
1 | under oath, knowingly
and
willfully made false statements | ||||||
2 | as to a material fact going to an element of
the
offense of | ||||||
3 | murder. The verified complaint must be filed with the | ||||||
4 | Executive
Director of the Illinois Law Enforcement | ||||||
5 | Training Standards Board within 2
years of the judgment of | ||||||
6 | acquittal.
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7 | (2) Within 30 days, the Executive Director of the | ||||||
8 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
9 | review the verified complaint and determine whether the
| ||||||
10 | verified complaint is frivolous and without merit, or | ||||||
11 | whether further
investigation is
warranted. The Illinois | ||||||
12 | Law Enforcement Training Standards Board shall notify
the | ||||||
13 | officer and the Executive Director of the Illinois Labor | ||||||
14 | Relations Board
State Panel of the filing of the complaint | ||||||
15 | and any action taken thereon. If the
Executive Director of | ||||||
16 | the Illinois Law Enforcement Training
Standards Board | ||||||
17 | determines that the verified complaint is frivolous and | ||||||
18 | without
merit, it shall be dismissed. The Executive | ||||||
19 | Director of the Illinois Law
Enforcement Training | ||||||
20 | Standards Board has sole discretion to make this
| ||||||
21 | determination and this decision is not subject to appeal.
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22 | (i) If the Executive Director of the Illinois Law | ||||||
23 | Enforcement Training
Standards Board determines that the | ||||||
24 | verified complaint warrants further
investigation, he or she | ||||||
25 | shall refer the matter to a task force of
investigators
created | ||||||
26 | for this purpose. This task force shall consist of 8 sworn |
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| |||||||
1 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
2 | City of Chicago Police Department, 2
from county police | ||||||
3 | departments, and 2 from municipal police departments.
These | ||||||
4 | investigators shall have a minimum of 5 years of experience in | ||||||
5 | conducting
criminal investigations. The investigators shall be | ||||||
6 | appointed by the Executive
Director of the Illinois Law | ||||||
7 | Enforcement Training Standards Board. Any officer
or officers | ||||||
8 | acting in this capacity pursuant to this statutory provision | ||||||
9 | will
have
statewide police authority while acting in this | ||||||
10 | investigative capacity. Their
salaries
and expenses for the | ||||||
11 | time spent conducting investigations under this paragraph
| ||||||
12 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
13 | Standards Board.
| ||||||
14 | (j) Once the Executive Director of the Illinois Law | ||||||
15 | Enforcement Training
Standards Board has determined that an | ||||||
16 | investigation is warranted, the verified
complaint shall be | ||||||
17 | assigned to an investigator or investigators. The
investigator
| ||||||
18 | or investigators shall conduct an investigation of the verified | ||||||
19 | complaint and
shall
write a report of his or her findings. This | ||||||
20 | report shall be submitted to the
Executive Director of the | ||||||
21 | Illinois Labor Relations Board State Panel.
| ||||||
22 | Within 30 days, the Executive Director of the Illinois | ||||||
23 | Labor Relations Board
State Panel
shall review the | ||||||
24 | investigative report and determine whether sufficient evidence
| ||||||
25 | exists to
conduct an evidentiary hearing on the verified | ||||||
26 | complaint. If the Executive
Director of the Illinois Labor |
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| |||||||
1 | Relations Board State Panel determines upon his
or
her review | ||||||
2 | of the investigatory report that a hearing should not be | ||||||
3 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
4 | in the Executive Director's sole
discretion, and this dismissal | ||||||
5 | may not be appealed.
| ||||||
6 | If the Executive Director of the Illinois Labor Relations | ||||||
7 | Board
State Panel
determines that there is sufficient evidence | ||||||
8 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
9 | verified complaint, to be conducted by an administrative law
| ||||||
10 | judge employed by the Illinois Labor Relations Board State | ||||||
11 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
12 | Board State Panel shall inform the
Executive Director of the | ||||||
13 | Illinois Law Enforcement Training Standards Board and
the | ||||||
14 | person who filed the complaint of either the dismissal of the | ||||||
15 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
16 | Executive Director shall assign the complaint to the
| ||||||
17 | administrative law judge within 30 days
of the
decision | ||||||
18 | granting a hearing.
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19 | (k) In the case of a finding of guilt on the offense of | ||||||
20 | murder, if a new
trial
is
granted on direct appeal, or a state | ||||||
21 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
22 | claim that a police officer, under oath, knowingly and
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23 | willfully made false statements as to a material fact going to | ||||||
24 | an element of
the
offense of murder, the Illinois Labor | ||||||
25 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
26 | whether the officer should be decertified or have his or her |
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1 | license or waiver revoked if an interested party
requests such | ||||||
2 | a hearing within 2 years of the court's decision. The complaint
| ||||||
3 | shall be assigned to an administrative law judge within 30 days | ||||||
4 | so that a
hearing can be scheduled.
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5 | At the hearing, the accused officer shall be afforded the | ||||||
6 | opportunity to:
| ||||||
7 | (1) Be represented by counsel of his or her own | ||||||
8 | choosing;
| ||||||
9 | (2) Be heard in his or her own defense;
| ||||||
10 | (3) Produce evidence in his or her defense;
| ||||||
11 | (4) Request that the Illinois Labor Relations Board | ||||||
12 | State Panel compel the
attendance of witnesses and | ||||||
13 | production of related documents including but not
limited | ||||||
14 | to court documents and records.
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15 | Once a case has been set for hearing, the verified | ||||||
16 | complaint shall be
referred to the Department of Financial and | ||||||
17 | Professional Regulation. That office shall
prosecute the | ||||||
18 | verified complaint at the hearing before the administrative law
| ||||||
19 | judge. The Department of Financial and Professional Regulation | ||||||
20 | shall have the opportunity to
produce evidence to support the | ||||||
21 | verified complaint and to request the Illinois
Labor
Relations | ||||||
22 | Board State Panel to compel the attendance of witnesses and the
| ||||||
23 | production of related documents, including, but not limited to, | ||||||
24 | court documents
and records. The Illinois Labor Relations Board | ||||||
25 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
26 | the attendance of and testimony of witnesses and
the production |
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1 | of related documents including, but not limited to, court
| ||||||
2 | documents and records and shall have the power to administer | ||||||
3 | oaths.
| ||||||
4 | The administrative law judge shall have the responsibility | ||||||
5 | of receiving into
evidence relevant testimony and documents, | ||||||
6 | including court records, to support
or disprove the allegations | ||||||
7 | made by the person filing the verified complaint
and,
at the | ||||||
8 | close of the case, hear arguments. If the administrative law | ||||||
9 | judge finds
that there is not clear and convincing evidence to | ||||||
10 | support the verified
complaint
that the police officer has, | ||||||
11 | while under oath, knowingly and willfully made
false
statements | ||||||
12 | as to a material fact going to an element of the offense of | ||||||
13 | murder,
the
administrative law judge shall make a written | ||||||
14 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
15 | Board State Panel. If the administrative law judge
finds
that | ||||||
16 | there is clear and convincing evidence that the police officer | ||||||
17 | has, while
under
oath, knowingly and willfully made false | ||||||
18 | statements as to a material fact that
goes to an element of the | ||||||
19 | offense of murder, the administrative law judge shall
make a | ||||||
20 | written recommendation so concluding to the Illinois Labor | ||||||
21 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
22 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
23 | Standards Board shall be
informed of the
administrative law | ||||||
24 | judge's recommended findings and decision and the Illinois
| ||||||
25 | Labor Relations Board State Panel's subsequent review of the | ||||||
26 | recommendation.
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1 | (l) An officer named in any complaint filed pursuant to | ||||||
2 | this Act shall be
indemnified for his or her reasonable | ||||||
3 | attorney's fees and costs by his or her
employer. These fees | ||||||
4 | shall be paid in a regular and timely manner. The State,
upon | ||||||
5 | application by the public employer, shall reimburse the public | ||||||
6 | employer
for
the accused officer's reasonable attorney's fees | ||||||
7 | and costs. At no time and
under
no circumstances will the | ||||||
8 | accused officer be required to pay his or her own
reasonable | ||||||
9 | attorney's fees or costs.
| ||||||
10 | (m) The accused officer shall not be placed on unpaid | ||||||
11 | status because of
the filing or processing of the verified | ||||||
12 | complaint until there is a final
non-appealable order | ||||||
13 | sustaining his or her guilt and his or her license or | ||||||
14 | certification
is
revoked.
Nothing in this Act, however, | ||||||
15 | restricts the public employer from pursuing
discipline against | ||||||
16 | the officer in the normal course and under procedures then
in
| ||||||
17 | place.
| ||||||
18 | (n) The Illinois Labor Relations Board State Panel shall | ||||||
19 | review the
administrative law judge's recommended decision and | ||||||
20 | order and determine by a
majority vote whether or not there was | ||||||
21 | clear and convincing evidence that the
accused officer, while | ||||||
22 | under oath, knowingly and willfully made false
statements
as to | ||||||
23 | a material fact going to the offense of murder. Within 30 days | ||||||
24 | of service
of
the administrative law judge's recommended | ||||||
25 | decision and order, the parties may
file exceptions to the | ||||||
26 | recommended decision and order and briefs in support of
their |
| |||||||
| |||||||
1 | exceptions with the Illinois Labor Relations Board State Panel. | ||||||
2 | The
parties
may file responses to the exceptions and briefs in | ||||||
3 | support of the responses no
later than 15 days after the | ||||||
4 | service of the exceptions. If exceptions are filed
by
any of | ||||||
5 | the parties, the Illinois Labor Relations Board State Panel | ||||||
6 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
7 | or modify the recommended
decision and order. If the Illinois | ||||||
8 | Labor Relations Board State Panel concludes
that there is clear | ||||||
9 | and convincing evidence that the accused officer, while
under
| ||||||
10 | oath, knowingly and willfully made false statements as to a | ||||||
11 | material fact going
to
an element of the offense murder, the | ||||||
12 | Illinois Labor Relations Board State
Panel
shall inform the | ||||||
13 | Illinois Law Enforcement Training Standards Board and the
| ||||||
14 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
15 | the accused
officer's certification , license, or waiver . If the | ||||||
16 | accused officer appeals that determination to
the
Appellate | ||||||
17 | Court, as provided by this Act, he or she may petition the | ||||||
18 | Appellate
Court to stay the revocation of his or her | ||||||
19 | certification , license, or waiver pending the court's
review
of | ||||||
20 | the matter.
| ||||||
21 | (o) None of the Illinois Labor Relations Board State | ||||||
22 | Panel's findings or
determinations shall set any precedent in | ||||||
23 | any of its decisions decided pursuant
to the Illinois Public | ||||||
24 | Labor Relations Act by the Illinois Labor Relations
Board
State
| ||||||
25 | Panel or the courts.
| ||||||
26 | (p) A party aggrieved by the final order of the Illinois |
| |||||||
| |||||||
1 | Labor Relations
Board State Panel may apply for and obtain | ||||||
2 | judicial review of an order of the
Illinois Labor Relations | ||||||
3 | Board State Panel, in accordance with the provisions
of
the | ||||||
4 | Administrative Review Law, except that such judicial review | ||||||
5 | shall be
afforded
directly in the Appellate Court for the | ||||||
6 | district in which the accused officer
resides.
Any direct | ||||||
7 | appeal to the Appellate Court shall be filed within 35 days | ||||||
8 | from the
date that a copy of the decision sought to be reviewed | ||||||
9 | was served upon the
party
affected by the decision.
| ||||||
10 | (q) Interested parties. Only interested parties to the | ||||||
11 | criminal prosecution
in
which the police officer allegedly, | ||||||
12 | while under oath, knowingly and willfully
made
false statements | ||||||
13 | as to a material fact going to an element of the offense of
| ||||||
14 | murder may file a verified complaint pursuant to this Section. | ||||||
15 | For purposes of
this Section, "interested parties" shall be | ||||||
16 | limited to the defendant and any
police
officer who has | ||||||
17 | personal knowledge that the police officer who is the subject
| ||||||
18 | of
the complaint has, while under oath, knowingly and willfully | ||||||
19 | made false
statements
as
to a material fact going to an element | ||||||
20 | of the offense of murder.
| ||||||
21 | (r) Semi-annual reports. The Executive Director of the | ||||||
22 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
23 | reports to the Governor, President,
and
Minority Leader of the | ||||||
24 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
25 | Representatives beginning on June 30, 2004, indicating:
| ||||||
26 | (1) the number of verified complaints received since |
| |||||||
| |||||||
1 | the date of the
last
report;
| ||||||
2 | (2) the number of investigations initiated since the | ||||||
3 | date of the last
report;
| ||||||
4 | (3) the number of investigations concluded since the | ||||||
5 | date of the last
report;
| ||||||
6 | (4) the number of investigations pending as of the | ||||||
7 | reporting date;
| ||||||
8 | (5) the number of hearings held since the date of the | ||||||
9 | last report; and
| ||||||
10 | (6) the number of officers decertified or whose | ||||||
11 | licenses have been revoked since the date of the last
| ||||||
12 | report.
| ||||||
13 | (s) A police officer who has been licensed, certified, or | ||||||
14 | granted a valid waiver shall also be decertified, or have his | ||||||
15 | or her license or waiver revoked, upon a determination by the | ||||||
16 | Illinois Labor Relations Board State Panel that he or she, on | ||||||
17 | or after the effective date of this amendatory Act of the 101st | ||||||
18 | General Assembly, while serving as a police officer with a | ||||||
19 | department or agency, has knowingly and willfully violated a | ||||||
20 | rule or regulation of the department or agency that has as a | ||||||
21 | penalty the discharge or dismissal of the officer from the | ||||||
22 | department or agency. | ||||||
23 | In the case of an officer who resigned or retired from the | ||||||
24 | department or agency before a formal determination, pursuant to | ||||||
25 | department or agency rules and regulations, is made on the | ||||||
26 | alleged violation, a verified complaint may be filed with the |
| |||||||
| |||||||
1 | Board alleging that the officer, on or after the effective date | ||||||
2 | of this amendatory Act of the 101st General Assembly, knowingly | ||||||
3 | and willfully violated a rule or regulation of his or her | ||||||
4 | former department or agency that results or may result in the | ||||||
5 | officer's discharge or dismissal from the department or agency. | ||||||
6 | (1) A verified complaint may be filed under this | ||||||
7 | subsection (s) by the department or agency that employed | ||||||
8 | the officer, but only if the complaint is signed by all of | ||||||
9 | following: | ||||||
10 | (A) For a former police officer of a municipality: | ||||||
11 | (i) the chief executive of the municipality; | ||||||
12 | (ii) the head of the municipality's police | ||||||
13 | commission, if applicable; | ||||||
14 | (iii) the police department chief of police or | ||||||
15 | chief executive officer; | ||||||
16 | (iv) the labor representative, if applicable; | ||||||
17 | and | ||||||
18 | (v) the State's Attorney for the county in | ||||||
19 | which the officer was employed. | ||||||
20 | (B) For a former county sheriff or deputy sheriff: | ||||||
21 | (i) the county board chairperson; | ||||||
22 | (ii) the sheriff; | ||||||
23 | (iii) the labor representative, if applicable; | ||||||
24 | and | ||||||
25 | (iv) the State's Attorney for the county in | ||||||
26 | which the officer was employed. |
| |||||||
| |||||||
1 | The verified complaint must be filed with the Executive | ||||||
2 | Director within 2 years after the officer's resignation or | ||||||
3 | retirement. | ||||||
4 | (2) Within 30 days after receiving the verified | ||||||
5 | complaint, the Executive Director of the Illinois Law | ||||||
6 | Enforcement Training Standards Board shall review the | ||||||
7 | verified complaint and determine whether the verified | ||||||
8 | complaint is frivolous and without merit, or whether | ||||||
9 | further investigation is warranted. The Illinois Law | ||||||
10 | Enforcement Training Standards Board shall notify the | ||||||
11 | officer and the Executive Director of the Illinois Labor | ||||||
12 | Relations Board State Panel of the filing of the complaint | ||||||
13 | and any action taken thereon. If the Executive Director of | ||||||
14 | the Illinois Law Enforcement Training Standards Board | ||||||
15 | determines that the verified complaint is frivolous and | ||||||
16 | without merit, then the complaint shall be dismissed. The | ||||||
17 | Executive Director of the Illinois Law Enforcement | ||||||
18 | Training Standards Board has the sole discretion to make | ||||||
19 | this determination. The determination is not subject to | ||||||
20 | appeal. | ||||||
21 | (3) If the Executive Director of the Illinois Law | ||||||
22 | Enforcement Training Standards Board determines that the | ||||||
23 | verified complaint warrants further investigation, then he | ||||||
24 | or she shall refer the matter to a task force of | ||||||
25 | investigators created for this purpose. This task force | ||||||
26 | shall consist of 8 sworn police officers: 2 from the |
| |||||||
| |||||||
1 | Illinois State Police, 2 from the City of Chicago Police | ||||||
2 | Department, 2 from county police departments, and 2 from | ||||||
3 | municipal police departments. These investigators shall | ||||||
4 | have a minimum of 5 years of experience in conducting | ||||||
5 | investigations. The investigators shall be appointed by | ||||||
6 | the Executive Director of the Illinois Law Enforcement | ||||||
7 | Training Standards Board. Any officer or officers acting in | ||||||
8 | this capacity pursuant to this paragraph shall have | ||||||
9 | statewide police authority while acting in this | ||||||
10 | investigative capacity. Their salaries and expenses for | ||||||
11 | the time spent conducting investigations under this | ||||||
12 | paragraph shall be reimbursed by the Illinois Law | ||||||
13 | Enforcement Training Standards Board. | ||||||
14 | (4) The task force investigators shall conduct an | ||||||
15 | investigation of the verified complaint and shall file a | ||||||
16 | written report of their findings. The report shall be | ||||||
17 | submitted to the Executive Director of the Illinois Labor | ||||||
18 | Relations Board State Panel. | ||||||
19 | Within 30 days after receiving the report, the | ||||||
20 | Executive Director of the Illinois Labor Relations Board | ||||||
21 | State Panel shall review the investigative report and | ||||||
22 | determine whether sufficient evidence exists to conduct an | ||||||
23 | evidentiary hearing on the verified complaint. If the | ||||||
24 | Executive Director of the Illinois Labor Relations Board | ||||||
25 | State Panel determines upon his or her review of the | ||||||
26 | investigatory report that a hearing should not be |
| |||||||
| |||||||
1 | conducted, the complaint shall be dismissed. This decision | ||||||
2 | is in the Executive Director's sole discretion, and a | ||||||
3 | dismissal may not be appealed. | ||||||
4 | If the Executive Director of the Illinois Labor | ||||||
5 | Relations Board State Panel determines that there is | ||||||
6 | sufficient evidence to warrant a hearing, then a hearing | ||||||
7 | shall be ordered on the verified complaint, to be conducted | ||||||
8 | by an administrative law judge employed by the Illinois | ||||||
9 | Labor Relations Board State Panel. The Executive Director | ||||||
10 | of the Illinois Labor Relations Board State Panel shall | ||||||
11 | inform the Executive Director of the Illinois Law | ||||||
12 | Enforcement Training Standards Board and the department or | ||||||
13 | agency that filed the complaint of the dismissal of the | ||||||
14 | complaint or the issuance of the complaint for hearing. The | ||||||
15 | Executive Director of the Illinois Labor Relations Board | ||||||
16 | State Panel shall assign the complaint to the | ||||||
17 | administrative law judge within 30 days after the decision | ||||||
18 | granting a hearing. | ||||||
19 | (5) In the case of a formal determination by the | ||||||
20 | department or agency, pursuant to department or agency | ||||||
21 | rules and regulations, that the officer be discharged or | ||||||
22 | dismissed for knowingly and willfully violating a rule or | ||||||
23 | regulation of the department or agency on or after the | ||||||
24 | effective date of this amendatory Act of the 101st General | ||||||
25 | Assembly, the Illinois Labor Relations Board State Panel | ||||||
26 | shall hold a hearing to determine whether the officer shall |
| |||||||
| |||||||
1 | be decertified or have his or her license or waiver | ||||||
2 | revoked. The department or agency must file a verified | ||||||
3 | complaint within 2 years after the officer's discharge or | ||||||
4 | dismissal for the Illinois Labor Relations Board State | ||||||
5 | Panel to hold a hearing. The complaint shall be assigned to | ||||||
6 | an administrative law judge within 30 days so that a | ||||||
7 | hearing can be scheduled. | ||||||
8 | (6) Once a case has been set for hearing, the verified | ||||||
9 | complaint shall be referred to the Department of Financial | ||||||
10 | and Professional Regulation. The Department of Financial | ||||||
11 | and Professional Regulation shall prosecute the verified | ||||||
12 | complaint at the hearing before the administrative law | ||||||
13 | judge. The Department of Financial and Professional | ||||||
14 | Regulation shall have the opportunity to produce evidence | ||||||
15 | to support the verified complaint and to request the | ||||||
16 | Illinois Labor Relations Board State Panel to compel the | ||||||
17 | attendance of witnesses and the production of related | ||||||
18 | documents, including, but not limited to, court documents | ||||||
19 | and records. The Illinois Labor Relations Board State Panel | ||||||
20 | shall have the power to issue subpoenas requiring the | ||||||
21 | attendance of and testimony of witnesses and the production | ||||||
22 | of related documents, including, but not limited to, court | ||||||
23 | documents and records, and shall have the power to | ||||||
24 | administer oaths. | ||||||
25 | At the hearing, the accused officer shall be afforded | ||||||
26 | the opportunity to: |
| |||||||
| |||||||
1 | (A) be represented by counsel of his or her own | ||||||
2 | choosing; | ||||||
3 | (B) be heard in his or her own defense; | ||||||
4 | (C) produce evidence in his or her defense; and | ||||||
5 | (D) request that the Illinois Labor Relations | ||||||
6 | Board State Panel compel the attendance of witnesses | ||||||
7 | and production of related documents including, but not | ||||||
8 | limited to, court documents and records. | ||||||
9 | (7) The administrative law judge shall have the | ||||||
10 | responsibility of receiving into evidence relevant | ||||||
11 | testimony and documents, including court records, to | ||||||
12 | support or disprove the allegations made by the department | ||||||
13 | or agency filing the verified complaint and, at the close | ||||||
14 | of the case, hearing arguments. If the administrative law | ||||||
15 | judge finds that there is not clear and convincing evidence | ||||||
16 | to support the verified complaint that the police officer, | ||||||
17 | on or after the effective date of this amendatory Act of | ||||||
18 | the 101st General Assembly, knowingly and willfully | ||||||
19 | violated a rule or regulation of his or her department or | ||||||
20 | agency that results or may result in the discharge or | ||||||
21 | dismissal of the officer from the department or agency, the | ||||||
22 | administrative law judge shall make a written | ||||||
23 | recommendation of dismissal to the Illinois Labor | ||||||
24 | Relations Board State Panel. If the administrative law | ||||||
25 | judge finds that there is clear and convincing evidence | ||||||
26 | that the police officer, on or after the effective date of |
| |||||||
| |||||||
1 | this amendatory Act of the 101st General Assembly, | ||||||
2 | knowingly and willfully violated a rule or regulation of | ||||||
3 | his or her department or agency that results or may result | ||||||
4 | in the discharge or dismissal of the officer from the | ||||||
5 | department or agency, the administrative law judge shall | ||||||
6 | make a written recommendation so concluding to the Illinois | ||||||
7 | Labor Relations Board State Panel. The hearings shall be | ||||||
8 | transcribed. The Executive Director of the Illinois Law | ||||||
9 | Enforcement Training Standards Board shall be informed of | ||||||
10 | the administrative law judge's recommended findings and | ||||||
11 | decision and the Illinois Labor Relations Board State | ||||||
12 | Panel's subsequent review of the recommendation. | ||||||
13 | (8) The Illinois Labor Relations Board State Panel | ||||||
14 | shall review the administrative law judge's recommended | ||||||
15 | decision and order and determine by a majority vote whether | ||||||
16 | or not there was clear and convincing evidence that the | ||||||
17 | accused officer, on or after the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly, knowingly and | ||||||
19 | willfully violated a rule or regulation of his or her | ||||||
20 | department or agency that results or may result in the | ||||||
21 | discharge or dismissal of the officer from the department | ||||||
22 | or agency. Within 30 days after service of the | ||||||
23 | administrative law judge's recommended decision and order, | ||||||
24 | the parties may file exceptions to the recommended decision | ||||||
25 | and order and briefs in support of their exceptions with | ||||||
26 | the Illinois Labor Relations Board State Panel. The parties |
| |||||||
| |||||||
1 | may file responses to the exceptions and briefs in support | ||||||
2 | of the responses no later than 15 days after the service of | ||||||
3 | the exceptions. If exceptions are filed by any of the | ||||||
4 | parties, the Illinois Labor Relations Board State Panel | ||||||
5 | shall review the matter and make a finding to uphold, | ||||||
6 | vacate, or modify the recommended decision and order. | ||||||
7 | If the Illinois Labor Relations Board State Panel | ||||||
8 | concludes that there is clear and convincing evidence that | ||||||
9 | the accused officer, on or after the effective date of this | ||||||
10 | amendatory Act of the 101st General Assembly, knowingly and | ||||||
11 | willfully violated a rule or regulation of his or her | ||||||
12 | department or agency that results or may result in the | ||||||
13 | discharge or dismissal of the officer from the department | ||||||
14 | or agency, the Illinois Labor Relations Board State Panel | ||||||
15 | shall inform the Illinois Law Enforcement Training | ||||||
16 | Standards Board and the Illinois Law Enforcement Training | ||||||
17 | Standards Board shall revoke the accused officer's | ||||||
18 | certification, license, or waiver. If the accused officer | ||||||
19 | appeals that determination to the Appellate Court, as | ||||||
20 | provided by this Act, he or she may petition the Appellate | ||||||
21 | Court to stay the revocation of his or her certification, | ||||||
22 | license, or waiver pending the court's review of the | ||||||
23 | matter. | ||||||
24 | (9) The accused officer shall not be placed on unpaid | ||||||
25 | status in any currently held police officer position | ||||||
26 | because of the filing or processing of a verified complaint |
| |||||||
| |||||||
1 | until there is a final non-appealable order sustaining his | ||||||
2 | or her guilt and his or her license or certification is | ||||||
3 | revoked. | ||||||
4 | (10) None of the Illinois Labor Relations Board State | ||||||
5 | Panel's findings or determinations shall set any precedent | ||||||
6 | in any of its decisions decided pursuant to the Illinois | ||||||
7 | Public Labor Relations Act by the Illinois Labor Relations | ||||||
8 | Board State Panel or the courts. | ||||||
9 | (11) A party aggrieved by the final order of the | ||||||
10 | Illinois Labor Relations Board State Panel may apply for | ||||||
11 | and obtain judicial review of an order of the Illinois | ||||||
12 | Labor Relations Board State Panel, in accordance with the | ||||||
13 | provisions of the Administrative Review Law, except that | ||||||
14 | such judicial review shall be afforded directly in the | ||||||
15 | Appellate Court for the district in which the accused | ||||||
16 | officer resides. Any direct appeal to the Appellate Court | ||||||
17 | shall be filed within 35 days after the date that a copy of | ||||||
18 | the decision sought to be reviewed was served upon the | ||||||
19 | party affected by the decision. | ||||||
20 | (12) It is the duty and responsibility of the sheriff | ||||||
21 | or the chief executive officer of a local law enforcement | ||||||
22 | agency or department within this State to report to the | ||||||
23 | Board any discharge or dismissal of any officer for a | ||||||
24 | violation identified in this subsection (s). It is the duty | ||||||
25 | and responsibility of a full-time or part-time police | ||||||
26 | officer in this State to report to the Board within 30 days |
| |||||||
| |||||||
1 | after his or her discharge or dismissal for a violation | ||||||
2 | identified in this subsection (s). | ||||||
3 | (13) Any full-time or part-time police officer who | ||||||
4 | knowingly makes, submits, causes to be submitted, or files | ||||||
5 | a false or untruthful report to the Board, under this | ||||||
6 | subsection (s), must have his or her license, certificate, | ||||||
7 | or waiver immediately decertified or revoked. | ||||||
8 | (14) Any person, or a local or State agency, or the | ||||||
9 | Board is immune from liability for submitting, disclosing, | ||||||
10 | or releasing information of violations pursuant to this | ||||||
11 | subsection (s) as long as the information is submitted, | ||||||
12 | disclosed, or released in good faith and without malice. | ||||||
13 | The Board has qualified immunity for the release of the | ||||||
14 | information. | ||||||
15 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
16 | (50 ILCS 705/6.2 new)
| ||||||
17 | Sec. 6.2. Conversion of certificates to licenses.
| ||||||
18 | (a) Beginning on the effective date of this amendatory Act | ||||||
19 | of the 101st
General Assembly, the Board's recognition of | ||||||
20 | persons who have
successfully
completed the prescribed minimum | ||||||
21 | standard basic training course for police
officers shall be | ||||||
22 | known
as licensure rather than certification.
| ||||||
23 | (b) If a person has successfully completed the prescribed | ||||||
24 | minimum
standard
basic training course for police officers and | ||||||
25 | holds a valid certification to
that effect on the
effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 101st General Assembly, that
| ||||||
2 | certification shall be deemed to be a license for the purposes | ||||||
3 | of this Act.
| ||||||
4 | (c) If, on the effective date of this amendatory Act of the | ||||||
5 | 101st General
Assembly, a person holds a valid waiver from one | ||||||
6 | of the certification
requirements of this Act for police | ||||||
7 | officers, that waiver shall be deemed a
waiver from the
| ||||||
8 | corresponding licensure requirement of this Act.
| ||||||
9 | (d) The Board shall replace the certificates or other | ||||||
10 | evidences of
certification or waiver for police officers in use | ||||||
11 | on the effective date of
this amendatory Act
of the 101st | ||||||
12 | General Assembly with new credentials reflecting the change in
| ||||||
13 | nomenclature instituted by this amendatory Act of the 101st | ||||||
14 | General Assembly.
| ||||||
15 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
16 | Sec. 8.1. Full-time police and county corrections | ||||||
17 | officers.
| ||||||
18 | (a) After January 1, 1976, no person shall receive a | ||||||
19 | permanent
appointment as a law enforcement officer as defined | ||||||
20 | in this
Act , nor shall any person receive, after the effective | ||||||
21 | date of this
amendatory Act of 1984, a permanent appointment as | ||||||
22 | a county corrections officer ,
unless that person has been | ||||||
23 | awarded, within 6 months of his or her
initial full-time | ||||||
24 | employment, a license or certificate attesting to his or her
| ||||||
25 | successful completion of the Minimum Standards Basic Law |
| |||||||
| |||||||
1 | Enforcement and County
Correctional Training Course as | ||||||
2 | prescribed by the Board; or has been awarded a license or
| ||||||
3 | certificate attesting to his or her satisfactory completion of | ||||||
4 | a training program of
similar content and number of hours and | ||||||
5 | which course has been found acceptable
by the Board under the | ||||||
6 | provisions of this Act; or by reason of extensive prior
law | ||||||
7 | enforcement or county corrections experience the basic | ||||||
8 | training requirement
is determined by the Board to be illogical | ||||||
9 | and unreasonable.
| ||||||
10 | If such training is required and not completed within the | ||||||
11 | applicable 6
months, then the officer must forfeit his or her | ||||||
12 | position, or the employing agency
must obtain a waiver from the | ||||||
13 | Board extending the period for
compliance. Such waiver shall be | ||||||
14 | issued only for good and justifiable
reasons, and in no case | ||||||
15 | shall extend more than 90 days beyond the
initial 6 months. Any | ||||||
16 | hiring agency that fails to train a law enforcement officer | ||||||
17 | within this period shall be prohibited from employing this | ||||||
18 | individual in a law enforcement capacity for one year from the | ||||||
19 | date training was to be completed. If an agency again fails to | ||||||
20 | train the individual a second time, the agency shall be | ||||||
21 | permanently barred from employing this individual in a law | ||||||
22 | enforcement capacity.
| ||||||
23 | (b) No provision of this Section shall be construed to mean | ||||||
24 | that a
law enforcement officer employed by a local governmental | ||||||
25 | agency
at the time of the effective date of this amendatory | ||||||
26 | Act, either as a
probationary police officer or as a permanent |
| |||||||
| |||||||
1 | police officer, shall
require certification under the | ||||||
2 | provisions of this Section. No provision
of this Section shall | ||||||
3 | be construed to mean that a county corrections
officer employed | ||||||
4 | by a local governmental agency at the time of the
effective | ||||||
5 | date of this amendatory Act of 1984, either as a probationary
| ||||||
6 | county corrections or as a permanent county corrections | ||||||
7 | officer, shall
require licensure or certification under the | ||||||
8 | provisions of this Section. No provision of
this Section shall | ||||||
9 | be construed to apply to licensure or certification of elected | ||||||
10 | county
sheriffs.
| ||||||
11 | (c) This Section does not apply to part-time police | ||||||
12 | officers or
probationary part-time police officers.
| ||||||
13 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
14 | (50 ILCS 705/8.2)
| ||||||
15 | Sec. 8.2. Part-time police officers.
| ||||||
16 | (a) A person hired to serve as a part-time
police officer | ||||||
17 | must obtain from the Board a license or certificate (i) | ||||||
18 | attesting to his
or her successful completion of the part-time | ||||||
19 | police training course; (ii)
attesting to his or her | ||||||
20 | satisfactory completion of a training program of
similar | ||||||
21 | content and number of hours that has been found acceptable by | ||||||
22 | the
Board under the provisions of this Act; or (iii) attesting | ||||||
23 | to the Board's
determination that the part-time police training | ||||||
24 | course is unnecessary because
of the person's extensive prior | ||||||
25 | law enforcement experience.
A person hired on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the
92nd General | ||||||
2 | Assembly must obtain this license or certificate within 18 | ||||||
3 | months after the
initial date of hire as a probationary | ||||||
4 | part-time police officer in the State of
Illinois. The | ||||||
5 | probationary part-time police officer must be enrolled and
| ||||||
6 | accepted into a Board-approved course within 6 months after | ||||||
7 | active employment
by any department in the State.
A person | ||||||
8 | hired
on or after January 1, 1996 and before the effective date | ||||||
9 | of this amendatory
Act of the 92nd General Assembly must obtain | ||||||
10 | this license or certificate within 18
months
after the date of | ||||||
11 | hire. A person hired before
January 1, 1996 must obtain this | ||||||
12 | license or certificate within 24 months after the
effective | ||||||
13 | date of this amendatory Act of 1995.
| ||||||
14 | The employing agency may seek a waiver from the Board | ||||||
15 | extending the period
for compliance. A waiver shall be issued | ||||||
16 | only for good and justifiable
reasons, and the probationary | ||||||
17 | part-time police officer may not practice as a
part-time
police | ||||||
18 | officer during the waiver period. If training is
required and | ||||||
19 | not completed within the applicable time period, as extended by
| ||||||
20 | any waiver that may be granted, then the officer must forfeit | ||||||
21 | his or her
position.
| ||||||
22 | (b) (Blank).
| ||||||
23 | (c) The part-time police training course referred to in | ||||||
24 | this Section
shall be of similar content and the same number of | ||||||
25 | hours as the courses for
full-time officers and
shall be | ||||||
26 | provided by
Mobile Team In-Service Training Units under the |
| |||||||
| |||||||
1 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
2 | Training Act or by another approved program
or facility in a | ||||||
3 | manner prescribed by the
Board.
| ||||||
4 | (d) For the purposes of this Section, the Board shall adopt | ||||||
5 | rules defining
what constitutes employment on a part-time | ||||||
6 | basis.
| ||||||
7 | (Source: P.A. 92-533, eff. 3-14-02.)
|