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1 | AN ACT concerning law enforcement training.
| |||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||
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:
| |||||||||||||||||||||||||||||||
7 | (50 ILCS 705/2) (from Ch. 85, par. 502)
| |||||||||||||||||||||||||||||||
8 | Sec. 2. Definitions. As used in this Act, unless the | |||||||||||||||||||||||||||||||
9 | context otherwise
requires:
| |||||||||||||||||||||||||||||||
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.
| |||||||||||||||||||||||||||||||
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. |
| |||||||
| |||||||
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.
| ||||||
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.
| ||||||
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, |
| |||||||
| |||||||
1 | college, or public
community college.
| ||||||
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
| ||||||
7 | public community college.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
1 | unit.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
14 | "Court security officer" has the meaning ascribed to it in | ||||||
15 | Section 3-6012.1
of the Counties Code.
| ||||||
16 | (Source: P.A. 94-846, eff. 1-1-07.)
| ||||||
17 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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, |
| |||||||
| |||||||
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.
| ||||||
6 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
7 | (50 ILCS 705/6.1)
| ||||||
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 |
| |||||||
| |||||||
1 | appoint investigators to
enforce the duties conferred upon the
| ||||||
2 | Board by this Act.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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.
|
| |||||||
| |||||||
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
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
3 | Section 99. Effective date. This Act takes effect January | ||||||
4 | 1, 2014. |