Bill Text: IL HB5814 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the provisions of the Illinois Police Training Act are applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers. Amends the Illinois Police Training Act. Adds 6 public members and 6 retired police officers, appointed by the Governor, to the Illinois Law Enforcement Training Standards Board. Requires full-time and part-time police officers to be licensed rather than certified. 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 the revocation of a license or certification of a police officer is permanent. Provides that the Board shall, by rule, provide for the decertification or revocation of a license of a police officer who commits non-criminal misconduct that results in disciplinary action against the police officer. Provides that the types of misconduct that are grounds for decertification or revocation of a police officer's license shall be determined by the Board by rule. Establishes hearing procedures on decertification. Provides that the provisions are operative no later than one year after the Act's effective date. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that notwithstanding any other provision of law to the contrary, the Act does not apply to a peace officer as defined in the Criminal Code of 2012. Contains other provisions. Amends various other Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5814 Detail]

Download: Illinois-2019-HB5814-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5814 Introduced , by Rep. Lamont J. Robinson, Jr. - Kambium Buckner SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the provisions of the Illinois Police Training Act are applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers. Amends the Illinois Police Training Act. Adds 6 public members and 6 retired police officers, appointed by the Governor, to the Illinois Law Enforcement Training Standards Board. Requires full-time and part-time police officers to be licensed rather than certified. 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 the revocation of a license or certification of a police officer is permanent. Provides that the Board shall, by rule, provide for the decertification or revocation of a license of a police officer who commits non-criminal misconduct that results in disciplinary action against the police officer. Provides that the types of misconduct that are grounds for decertification or revocation of a police officer's license shall be determined by the Board by rule. Establishes hearing procedures on decertification. Provides that the provisions are operative no later than one year after the Act's effective date. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that notwithstanding any other provision of law to the contrary, the Act does not apply to a peace officer as defined in the Criminal Code of 2012. Contains other provisions. Amends various other Acts to make conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5814 LRB101 21714 RLC 72659 b
AN ACT concerning police.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Law Enforcement Criminal Sexual Assault
Investigation Act is amended by changing Section 10 as follows:
(5 ILCS 815/10)
Sec. 10. Investigation of officer-involved criminal
assault; requirements.
(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved criminal
sexual assault that involves a law enforcement officer employed
by that law enforcement agency.
(b) Each officer-involved criminal sexual assault
investigation shall be conducted by at least 2 investigators or
an entity comprised of at least 2 investigators, one of whom
shall be the lead investigator. The investigators shall have
completed a specialized sexual assault and sexual abuse
investigation training program approved by the Illinois Law
Enforcement Training Standards Board or similar training
approved by the Department of State Police. No investigator
involved in the investigation may be employed by the law
enforcement agency that employs the officer involved in the
officer-involved criminal sexual assault, unless the

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investigator is employed by the Department of State Police or a
municipality with a population over 1,000,000 and is not
assigned to the same division or unit as the officer involved
in the criminal sexual assault.
(c) Upon receipt of an allegation or complaint of an
officer-involved criminal sexual assault, a municipality with
a population over 1,000,000 shall promptly notify an
independent agency, created by ordinance of the municipality,
tasked with investigating incidents of police misconduct.
(Source: P.A. 100-515, eff. 1-1-18.)
Section 10. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Sections
2605-5, 2605-54, 2605-85, 2605-90, 2605-96, 2605-97, and
2605-98, and 2605-375 and by adding Section 2605-53.5 as
follows:
(20 ILCS 2605/2605-5)
Sec. 2605-5. Definitions. In this Law:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Missing endangered senior" means an individual 65 years of
age or older or a person with Alzheimer's disease or related
dementias who is reported missing to a law enforcement agency

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and is, or is believed to be:
(1) a temporary or permanent resident of Illinois;
(2) at a location that cannot be determined by an
individual familiar with the missing individual; and
(3) incapable of returning to the individual's
residence without assistance.
(Source: P.A. 96-442, eff. 1-1-10.)
(20 ILCS 2605/2605-53.5 new)
Sec. 2605-53.5. Applicability of the Illinois Police
Training Act.The provisions of the Illinois Police Training Act
are applicable to the training, certification, licensing,
decertification, and revocation of licenses of State Police
officers.
(20 ILCS 2605/2605-54)
Sec. 2605-54. Training policy; persons arrested while
under the influence of alcohol or drugs. The Board Department
shall adopt a policy and provide training to State Police
officers concerning response and care for persons under the
influence of alcohol or drugs. The policy shall be consistent
with the Substance Use Disorder Act and shall provide guidance
for the arrest of persons under the influence of alcohol or
drugs, proper medical attention if warranted, and care and
release of those persons from custody. The policy shall provide
guidance concerning the release of persons arrested under the

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influence of alcohol or drugs who are under the age of 21 years
of age which shall include, but not be limited to, language
requiring the arresting officer to make a reasonable attempt to
contact a responsible adult who is willing to take custody of
the person who is under the influence of alcohol or drugs.
(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)
(20 ILCS 2605/2605-85)
Sec. 2605-85. Training; cultural diversity. The Board
Department shall provide training and continuing education to
State Police officers concerning cultural diversity, including
sensitivity toward racial and ethnic differences. This
training and continuing education shall include, but not be
limited to, an emphasis on the fact that the primary purpose of
enforcement of the Illinois Vehicle Code is safety and equal
and uniform enforcement under the law.
(Source: P.A. 93-209, eff. 7-18-03.)
(20 ILCS 2605/2605-90)
Sec. 2605-90. Training; death and homicide investigations.
The Board Department shall provide training in death and
homicide investigation for State police officers. Only State
police officers who successfully complete the training may be
assigned as lead investigators in death and homicide
investigations. Satisfactory completion of the training shall
be evidenced by a certificate issued to the officer by the

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Department.
The Board Director shall develop a process for waiver
applications for those officers whose prior training and
experience as homicide investigators may qualify them for a
waiver. The Board Director may issue a waiver at his or her
discretion, based solely on the prior training and experience
of an officer as a homicide investigator.
(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.)
(20 ILCS 2605/2605-96)
Sec. 2605-96. Training; Post-Traumatic Stress Disorder
(PTSD). The Board Department shall conduct or approve a
training program in Post-Traumatic Stress Disorder (PTSD) for
State police officers. The purpose of that training shall be to
equip State police officers to identify the symptoms of PTSD
and to respond appropriately to individuals exhibiting those
symptoms.
(Source: P.A. 97-1040, eff. 1-1-13.)
(20 ILCS 2605/2605-97)
Sec. 2605-97. Training; opioid antagonists. The Board
Department shall conduct or approve a training program for
State police officers in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e) of
Section 5-23 of the Substance Use Disorder Act that is in
accordance with that Section. As used in this Section 2605-97,

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the term "State police officers" includes full-time or
part-time State troopers, police officers, investigators, or
any other employee of the Department exercising the powers of a
peace officer.
(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
(20 ILCS 2605/2605-98)
Sec. 2605-98. Training; sexual assault and sexual abuse.
(a) The Board Department of State Police shall conduct or
approve training programs in trauma-informed responses and
investigations of sexual assault and sexual abuse, which
include, but is not limited to, the following:
(1) recognizing the symptoms of trauma;
(2) understanding the role trauma has played in a
victim's life;
(3) responding to the needs and concerns of a victim;
(4) delivering services in a compassionate, sensitive,
and nonjudgmental manner;
(5) interviewing techniques in accordance with the
curriculum standards in subsection (f) of this Section;
(6) understanding cultural perceptions and common
myths of sexual assault and sexual abuse; and
(7) report writing techniques in accordance with the
curriculum standards in subsection (f) of this Section.
(b) This training must be presented in all full and
part-time basic law enforcement academies on or before July 1,

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2018.
(c) The Board Department must present this training to all
State police officers within 3 years after the effective date
of this amendatory Act of the 99th General Assembly and must
present in-service training on sexual assault and sexual abuse
response and report writing training requirements every 3
years.
(d) The Board Department must provide to all State police
officers who conduct sexual assault and sexual abuse
investigations, specialized training on sexual assault and
sexual abuse investigations within 2 years after the effective
date of this amendatory Act of the 99th General Assembly and
must present in-service training on sexual assault and sexual
abuse investigations to these officers every 3 years.
(e) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered responses to cases of sexual
assault and sexual abuse and have experience responding to
sexual assault and sexual abuse cases.
(f) The Board Department shall adopt rules, in consultation
with the Office of the Illinois Attorney General and the
Illinois Law Enforcement Training Standards Board, to
determine the specific training requirements for these
courses, including, but not limited to, the following:
(1) evidence-based curriculum standards for report
writing and immediate response to sexual assault and sexual

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abuse, including trauma-informed, victim-centered
interview techniques, which have been demonstrated to
minimize retraumatization, for all State police officers;
and
(2) evidence-based curriculum standards for
trauma-informed, victim-centered investigation and
interviewing techniques, which have been demonstrated to
minimize retraumatization, for cases of sexual assault and
sexual abuse for all State Police officers who conduct
sexual assault and sexual abuse investigations.
(Source: P.A. 99-801, eff. 1-1-17.)
(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
Sec. 2605-375. Missing persons; Law Enforcement Agencies
Data System (LEADS).
(a) To establish and maintain a statewide Law Enforcement
Agencies Data System (LEADS) for the purpose of providing
electronic access by authorized entities to criminal justice
data repositories and effecting an immediate law enforcement
response to reports of missing persons, including lost, missing
or runaway minors, lost or missing individuals with
developmental or intellectual disabilities, and missing
endangered seniors. The Department shall implement an
automatic data exchange system to compile, to maintain, and to
make available to other law enforcement agencies for immediate
dissemination data that can assist appropriate agencies in

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recovering missing persons and provide access by authorized
entities to various data repositories available through LEADS
for criminal justice and related purposes. To assist the
Department in this effort, funds may be appropriated from the
LEADS Maintenance Fund. Funds may be appropriated from the
LEADS Maintenance Fund to the Department to finance any of its
lawful purposes or functions in relation to defraying the
expenses associated with establishing, maintaining, and
supporting the issuance of electronic citations.
(b) In exercising its duties under this Section, the
Department shall provide a uniform reporting format (LEADS) for
the entry of pertinent information regarding the report of a
missing person into LEADS. The report must include all of the
following:
(1) Relevant information obtained from the
notification concerning the missing person, including all
of the following:
(A) a physical description of the missing person;
(B) the date, time, and place that the missing
person was last seen; and
(C) the missing person's address.
(2) Information gathered by a preliminary
investigation, if one was made.
(3) A statement by the law enforcement officer in
charge stating the officer's assessment of the case based
on the evidence and information received.

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(b-5) The Department of State Police shall:
(1) Develop and implement a policy whereby a statewide
or regional alert would be used in situations relating to
the disappearances of individuals, based on criteria and in
a format established by the Department. Such a format shall
include, but not be limited to, the age of the missing
person and the suspected circumstance of the
disappearance.
(2) Notify all law enforcement agencies that reports of
missing persons shall be entered as soon as the minimum
level of data specified by the Department is available to
the reporting agency and that no waiting period for the
entry of the data exists.
(3) Compile and retain information regarding lost,
abducted, missing, or runaway minors in a separate data
file, in a manner that allows that information to be used
by law enforcement and other agencies deemed appropriate by
the Director, for investigative purposes. The information
shall include the disposition of all reported lost,
abducted, missing, or runaway minor cases.
(4) Compile and maintain an historic data repository
relating to lost, abducted, missing, or runaway minors and
other missing persons, including, but not limited to, lost
or missing individuals with developmental or intellectual
disabilities and missing endangered seniors, in order to
develop and improve techniques utilized by law enforcement

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agencies when responding to reports of missing persons.
(5) Create a quality control program regarding
confirmation of missing person data, timeliness of entries
of missing person reports into LEADS, and performance
audits of all entering agencies.
(c) The Illinois Law Enforcement Training Standards Board
shall conduct a training program for law enforcement personnel
of State and local governmental agencies in the Missing Persons
Identification Act.
(d) The Department of State Police shall perform the duties
prescribed in the Missing Persons Identification Act, subject
to appropriation.
(Source: P.A. 100-662, eff. 1-1-19.)
Section 15. The State Police Act is amended by changing
Sections 8, 40, and 45 as follows:
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Except as otherwise provided in the Illinois Police
Training Act, the The Board shall exercise jurisdiction over
the certification for appointment and promotion, and over the
discipline, removal, demotion and suspension of Department of
State Police officers. Pursuant to recognized merit principles
of public employment, the Board shall formulate, adopt, and put
into effect rules, regulations and procedures for its operation
and the transaction of its business. The Board shall establish

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a classification of ranks of persons subject to its
jurisdiction and shall set standards and qualifications for
each rank. Each Department of State Police officer appointed by
the Director shall be classified as a State Police officer as
follows: trooper, sergeant, master sergeant, lieutenant,
captain, major, or Special Agent. In case of a conflict between
this Act and the Illinois Police Training Act, the provisions
of the Illinois Police Training Act shall prevail.
(Source: P.A. 100-49, eff. 1-1-18.)
(20 ILCS 2610/40)
Sec. 40. Training; administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of the Department.
(c) The Illinois Law Enforcement Training Standards Board
Department may conduct or approve a training program for State
Police officers to recognize and respond to anaphylaxis,
including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;

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(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Illinois Law Enforcement Training Standards Board
Department.
(d) The Department may authorize a State Police officer who
has completed the training program under subsection (c) to
carry, administer, or assist with the administration of
epinephrine auto-injectors whenever he or she is performing
official duties.
(e) The Department must establish a written policy to
control the acquisition, storage, transportation,
administration, and disposal of epinephrine auto-injectors
before it allows any State Police officer to carry and
administer epinephrine auto-injectors.
(f) A physician, physician physician's assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary.
(g) When a State Police officer administers an epinephrine

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auto-injector in good faith, the officer and the Department,
and its employees and agents, including a physician, physician
physician's assistant with prescriptive authority, or advanced
practice registered nurse with prescriptive authority who
provides a standing order or prescription for an epinephrine
auto-injector, incur no civil or professional liability,
except for willful and wanton conduct, as a result of any
injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
100-648, eff. 7-31-18; revised 1-14-20.)
(20 ILCS 2610/45)
Sec. 45. Compliance with the Health Care Violence
Prevention Act; training. The Department shall comply with the
Health Care Violence Prevention Act. The Illinois Law
Enforcement Training Standards Board and shall provide an
appropriate level of training for its officers concerning the
Health Care Violence Prevention Act.
(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
Section 20. The Illinois Police Training Act is amended by
changing Sections 2, 3, 6, 6.1, 8.1, and 8.2 and adding Section
6.3 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)

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Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"Police training school" means any school located within
the State of Illinois whether privately or publicly owned which
offers a course in police or county corrections training and
has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training school
to be eligible for permanent full-time employment as a local
law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent police officer" means a law enforcement officer
who has completed his or her probationary period and is

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permanently employed on a full-time basis as a local law
enforcement officer by a participating local governmental unit
or as a security officer or campus policeman permanently
employed by a participating State-controlled university,
college, or public community college.
"Part-time police officer" means a law enforcement officer
who has completed his or her probationary period and is
employed on a part-time basis as a law enforcement officer by a
participating unit of local government or as a campus policeman
by a participating State-controlled university, college, or
public community college.
"Law enforcement officer" means (i) any police officer of a
State or local governmental agency who is primarily responsible
for prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is enrolled
in an approved training course.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.

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"Permanent county corrections officer" means a county
corrections officer who has completed his probationary period
and is permanently employed on a full-time basis as a county
corrections officer by a participating local governmental
unit.
"County corrections officer" means any sworn officer of the
sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
"Permanent court security officer" means a court security
officer who has completed his or her probationary period and is
employed as a court security officer by a participating local
governmental unit.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
(Source: P.A. 94-846, eff. 1-1-07.)
(50 ILCS 705/3) (from Ch. 85, par. 503)
Sec. 3. Board - composition - appointments - tenure -
vacancies. The Board shall be composed of 30 18 members
selected as follows: The Attorney General of the State of
Illinois, the Director of State Police, the Director of

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Corrections, the Superintendent of the Chicago Police
Department, the Sheriff of Cook County, the Clerk of the
Circuit Court of Cook County, and the following to be appointed
by the Governor: 2 mayors or village presidents of Illinois
municipalities, 2 Illinois county sheriffs from counties other
than Cook County, 2 managers of Illinois municipalities, 2
chiefs of municipal police departments in Illinois having no
Superintendent of the Police Department on the Board, 2
citizens of Illinois who shall be members of an organized
enforcement officers' association, one active member of a
statewide association representing sheriffs, and one active
member of a statewide association representing municipal
police chiefs, 6 retired police officers, and 6 public members.
The appointments of the Governor shall be made on the first
Monday of August in 1965 with 3 of the appointments to be for a
period of one year, 3 for 2 years, and 3 for 3 years. Their
successors shall be appointed in like manner for terms to
expire the first Monday of August each 3 years thereafter. All
members shall serve until their respective successors are
appointed and qualify. Vacancies shall be filled by the
Governor for the unexpired terms.
(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
(50 ILCS 705/6) (from Ch. 85, par. 506)
Sec. 6. Powers and duties of the Board; selection and
certification of schools. The Board shall select and certify

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schools within the State of Illinois for the purpose of
providing basic training for probationary police officers,
probationary county corrections officers, and court security
officers and of providing advanced or in-service training for
permanent police officers or permanent county corrections
officers, which schools may be either publicly or privately
owned and operated. In addition, the Board has the following
power and duties:
a. To require local governmental units to furnish such
reports and information as the Board deems necessary to
fully implement this Act, including, but not limited to,
personnel rosters, employment status reports, and annual
training plans.
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
law enforcement officers or probationary county
corrections officers, and in-service training of permanent
police officers.
c. To provide appropriate licensure or certification
to those probationary officers who successfully complete
the prescribed minimum standard basic training course.
d. To review and approve annual training curriculum for
county sheriffs.
e. To review and approve applicants to ensure that no
applicant is admitted to a certified academy unless the
applicant is a person of good character and has not been

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convicted of, or entered a plea of guilty to, a felony
offense, any of the misdemeanors in Sections 11-1.50, 11-6,
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
Criminal Code of 1961 or the Criminal Code of 2012,
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
the Cannabis Control Act, or a crime involving moral
turpitude under the laws of this State or any other state
which if committed in this State would be punishable as a
felony or a crime of moral turpitude. The Board may appoint
investigators who shall enforce the duties conferred upon
the Board by this Act.
f. To be the licensing authority for all police
officers employed by the State or a unit of local
government.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.1)
Sec. 6.1. Revocation of license or decertification
Decertification of full-time and part-time police officers.
(a) The Board must review police officer conduct and
records to ensure that no police officer is licensed certified
or provided a valid waiver if that police officer has been

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convicted of or has pled guilty to, or entered a plea of guilty
to, a felony offense under the laws of this State or any other
state which if committed in this State would be punishable as a
felony. The Board must also ensure that no police officer is
licensed certified or provided a valid waiver if that police
officer has been convicted of, or entered a plea of guilty to,
on or after the effective date of this amendatory Act of 1999
of any misdemeanor specified in this Section or if committed in
any other state would be an offense similar to Section 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
Criminal Code of 1961 or the Criminal Code of 2012, to
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of 1961 or
the Criminal Code of 2012, or to Section 5 or 5.2 of the
Cannabis Control Act. The Board must appoint investigators to
enforce the duties conferred upon the Board by this Act.
(a-5) The Board shall, by rule, provide for the
decertification or revocation of a license of a police officer
who commits non-criminal misconduct that results in
disciplinary action against the police officer. The types of
misconduct that are grounds for decertification or revocation
of a police officer's license shall be determined by the Board
by rule.
(b) It is the responsibility of the sheriff or the chief

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executive officer of every local law enforcement agency or
department within this State to report to the Board any arrest,
conviction, or plea of guilty of any officer for an offense
identified in this Section.
(c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest, conviction, or plea of
guilty for an offense identified in this Section. Any full-time
or part-time police officer who knowingly makes, submits,
causes to be submitted, or files a false or untruthful report
to the Board must have his or her license certificate or waiver
immediately decertified or revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in this
Section as long as the information is submitted, disclosed, or
released in good faith and without malice. The Board has
qualified immunity for the release of the information.
(e) Whenever a Any full-time or part-time police officer
with a license certificate or waiver issued by the Board who is
convicted of or pleads guilty to, or entered a plea of guilty
to, any offense described in this Section, his or her license
or waiver is automatically revoked by operation of law
immediately becomes decertified or no longer has a valid
waiver. The decertification and invalidity of waivers occurs as

HB5814 - 23 - LRB101 21714 RLC 72659 b
a matter of law. Failure of a convicted person to report to the
Board his or her conviction as described in this Section or any
continued law enforcement practice after receiving a
conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and have
all the powers possessed by policemen in cities and by
sheriff's, and these investigators may exercise those powers
anywhere in the State. An investigator shall not have peace
officer status or exercise police powers unless he or she
successfully completes the basic police training course
mandated and approved by the Board or the Board waives the
training requirement by reason of the investigator's prior law
enforcement experience, training, or both. The Board shall not
waive the training requirement unless the investigator has had
a minimum of 5 years experience as a sworn officer of a local,
State, or federal law enforcement agency.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Department of State Police must process,
retain, and additionally provide and disseminate information
to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
before, on, or after the effective date of this amendatory Act
of the 91st General Assembly against a basic academy applicant,
law enforcement applicant, or law enforcement officer whose

HB5814 - 24 - LRB101 21714 RLC 72659 b
fingerprint identification cards are on file or maintained by
the Department of State Police. The Federal Bureau of
Investigation must provide the Board any criminal history
record information contained in its files pertaining to law
enforcement officers or any applicant to a Board certified
basic law enforcement academy as described in this Act based on
fingerprint identification. The Board must make payment of fees
to the Department of State Police for each fingerprint card
submission in conformance with the requirements of paragraph 22
of Section 55a of the Civil Administrative Code of Illinois.
(h) A police officer who has been certified, licensed, or
granted a valid waiver shall also be decertified, have his or
her license revoked, or have his or her waiver revoked upon a
determination by the Illinois Labor Relations Board State Panel
that he or she, while under oath, has knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder. If an appeal is filed, the
determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of

HB5814 - 25 - LRB101 21714 RLC 72659 b
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators created
for this purpose. This task force shall consist of 8 sworn
police officers: 2 from the Illinois State Police, 2 from the
City of Chicago Police Department, 2 from county police

HB5814 - 26 - LRB101 21714 RLC 72659 b
departments, and 2 from municipal police departments. These
investigators shall have a minimum of 5 years of experience in
conducting criminal investigations. The investigators shall be
appointed by the Executive Director of the Illinois Law
Enforcement Training Standards Board. Any officer or officers
acting in this capacity pursuant to this statutory provision
will have statewide police authority while acting in this
investigative capacity. Their salaries and expenses for the
time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training
Standards Board.
(j) Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the verified
complaint and shall write a report of his or her findings. This
report shall be submitted to the Executive Director of the
Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be

HB5814 - 27 - LRB101 21714 RLC 72659 b
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this dismissal
may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.
(k) In the case of a finding of guilt on the offense of
murder, if a new trial is granted on direct appeal, or a state
post-conviction evidentiary hearing is ordered, based on a
claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to
an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified or have his or her
license or waiver revoked if an interested party requests such
a hearing within 2 years of the court's decision. The complaint

HB5814 - 28 - LRB101 21714 RLC 72659 b
shall be assigned to an administrative law judge within 30 days
so that a hearing can be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Financial and
Professional Regulation. That office shall prosecute the
verified complaint at the hearing before the administrative law
judge. The Department of Financial and Professional Regulation
shall have the opportunity to produce evidence to support the
verified complaint and to request the Illinois Labor Relations
Board State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to,
court documents and records. The Illinois Labor Relations Board
State Panel shall have the power to issue subpoenas requiring
the attendance of and testimony of witnesses and the production
of related documents including, but not limited to, court
documents and records and shall have the power to administer

HB5814 - 29 - LRB101 21714 RLC 72659 b
oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the allegations
made by the person filing the verified complaint and, at the
close of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence to
support the verified complaint that the police officer has,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder, the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police officer
has, while under oath, knowingly and willfully made false
statements as to a material fact that goes to an element of the
offense of murder, the administrative law judge shall make a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be transcribed.
The Executive Director of the Illinois Law Enforcement Training
Standards Board shall be informed of the administrative law
judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the
recommendation.
(l) An officer named in any complaint filed pursuant to
this Act shall be indemnified for his or her reasonable

HB5814 - 30 - LRB101 21714 RLC 72659 b
attorney's fees and costs by his or her employer. These fees
shall be paid in a regular and timely manner. The State, upon
application by the public employer, shall reimburse the public
employer for the accused officer's reasonable attorney's fees
and costs. At no time and under no circumstances will the
accused officer be required to pay his or her own reasonable
attorney's fees or costs.
(m) The accused officer shall not be placed on unpaid
status because of the filing or processing of the verified
complaint until there is a final non-appealable order
sustaining his or her guilt and his or her license or
certification is revoked. Nothing in this Act, however,
restricts the public employer from pursuing discipline against
the officer in the normal course and under procedures then in
place.
(n) The Illinois Labor Relations Board State Panel shall
review the administrative law judge's recommended decision and
order and determine by a majority vote whether or not there was
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as to
a material fact going to the offense of murder. Within 30 days
of service of the administrative law judge's recommended
decision and order, the parties may file exceptions to the
recommended decision and order and briefs in support of their
exceptions with the Illinois Labor Relations Board State Panel.
The parties may file responses to the exceptions and briefs in

HB5814 - 31 - LRB101 21714 RLC 72659 b
support of the responses no later than 15 days after the
service of the exceptions. If exceptions are filed by any of
the parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold, vacate,
or modify the recommended decision and order. If the Illinois
Labor Relations Board State Panel concludes that there is clear
and convincing evidence that the accused officer, while under
oath, knowingly and willfully made false statements as to a
material fact going to an element of the offense murder, the
Illinois Labor Relations Board State Panel shall inform the
Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke
the accused officer's, license, or waiver certification. If the
accused officer appeals that determination to the Appellate
Court, as provided by this Act, he or she may petition the
Appellate Court to stay the revocation of his or her
certification, license, or waiver pending the court's review of
the matter.
(o) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent in
any of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the Illinois Labor Relations Board State
Panel or the courts.
(p) A party aggrieved by the final order of the Illinois
Labor Relations Board State Panel may apply for and obtain
judicial review of an order of the Illinois Labor Relations

HB5814 - 32 - LRB101 21714 RLC 72659 b
Board State Panel, in accordance with the provisions of the
Administrative Review Law, except that such judicial review
shall be afforded directly in the Appellate Court for the
district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(q) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder may file a verified complaint pursuant to this Section.
For purposes of this Section, "interested parties" shall be
limited to the defendant and any police officer who has
personal knowledge that the police officer who is the subject
of the complaint has, while under oath, knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder.
(r) Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the

HB5814 - 33 - LRB101 21714 RLC 72659 b
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified or whose
licenses have been revoked since the date of the last
report.
(s) A police officer who has been licensed, certified, or
granted a valid waiver shall also be decertified or have his or
her license or waiver revoked upon a determination by the
Illinois Labor Relations Board State Panel that he or she, on
or after the operative date of this amendatory Act of the 101st
General Assembly, while serving as a police officer with a
department or agency, has knowingly and willfully violated a
rule or regulation of the department or agency that has as a
penalty the discharge or dismissal of the officer from the
department or agency.
In the case of an officer who resigned or retired from the
department or agency before a formal determination, pursuant to
department or agency rules and regulations, is made on the
alleged violation, a verified complaint may be filed with the
Board alleging that the officer, on or after the operative date
of this amendatory Act of the 101st General Assembly, knowingly

HB5814 - 34 - LRB101 21714 RLC 72659 b
and willfully violated a rule or regulation of his or her
former department or agency that results or may result in the
officer's discharge or dismissal from the department or agency.
(1) A verified complaint may be filed under this
subsection (s) by the department or agency that employed
the officer, but only if the complaint is signed by all of
following:
(A) For a former police officer of a municipality:
(i) the chief executive of the municipality;
(ii) the head of the municipality's police
commission, if applicable;
(iii) the police department chief of police or
chief executive officer;
(iv) the labor representative, if applicable;
and
(v) the State's Attorney for the county in
which the officer was employed.
(B) For a former county sheriff or deputy sheriff:
(i) the county board chairperson;
(ii) the sheriff;
(iii) the labor representative, if applicable;
and
(iv) the State's Attorney for the county in
which the officer was employed.
(C) For a former State Police officer by the
Director of the Illinois State Police.

HB5814 - 35 - LRB101 21714 RLC 72659 b
The verified complaint must be filed with the Executive
Director within 2 years after the officer's resignation or
retirement.
(2) Within 30 days after receiving the verified
complaint, the Executive Director of the Illinois Law
Enforcement Training Standards Board shall review the
verified complaint and determine whether the verified
complaint is frivolous and without merit, or whether
further investigation is warranted. The Illinois Law
Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, then the complaint shall be dismissed. The
Executive Director of the Illinois Law Enforcement
Training Standards Board has the sole discretion to make
this determination. The determination is not subject to
appeal.
(3) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, then he
or she shall refer the matter to a task force of
investigators created for this purpose. This task force
shall consist of 8 sworn police officers: 2 from the

HB5814 - 36 - LRB101 21714 RLC 72659 b
Illinois State Police, 2 from the City of Chicago Police
Department, 2 from county police departments, and 2 from
municipal police departments. These investigators shall
have a minimum of 5 years of experience in conducting
investigations. The investigators shall be appointed by
the Executive Director of the Illinois Law Enforcement
Training Standards Board. Any officer or officers acting in
this capacity pursuant to this paragraph shall have
statewide police authority while acting in this
investigative capacity. Their salaries and expenses for
the time spent conducting investigations under this
paragraph shall be reimbursed by the Illinois Law
Enforcement Training Standards Board.
(4) The task force investigators shall conduct an
investigation of the verified complaint and shall file a
written report of their findings. The report shall be
submitted to the Executive Director of the Illinois Labor
Relations Board State Panel.
Within 30 days after receiving the report, the
Executive Director of the Illinois Labor Relations Board
State Panel shall review the investigative report and
determine whether sufficient evidence exists to conduct an
evidentiary hearing on the verified complaint. If the
Executive Director of the Illinois Labor Relations Board
State Panel determines upon his or her review of the
investigatory report that a hearing should not be

HB5814 - 37 - LRB101 21714 RLC 72659 b
conducted, the complaint shall be dismissed. This decision
is in the Executive Director's sole discretion, and a
dismissal may not be appealed.
If the Executive Director of the Illinois Labor
Relations Board State Panel determines that there is
sufficient evidence to warrant a hearing, then a hearing
shall be ordered on the verified complaint, to be conducted
by an administrative law judge employed by the Illinois
Labor Relations Board State Panel. The Executive Director
of the Illinois Labor Relations Board State Panel shall
inform the Executive Director of the Illinois Law
Enforcement Training Standards Board and the department or
agency that filed the complaint of the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director of the Illinois Labor Relations Board
State Panel shall assign the complaint to the
administrative law judge within 30 days after the decision
granting a hearing.
(5) In the case of a formal determination by the
department or agency, pursuant to department or agency
rules and regulations, that the officer be discharged or
dismissed for knowingly and willfully violating a rule or
regulation of the department or agency on or after the
operative date of this amendatory Act of the 101st General
Assembly, the Illinois Labor Relations Board State Panel
shall hold a hearing to determine whether the officer shall

HB5814 - 38 - LRB101 21714 RLC 72659 b
be decertified or have his or her license or waiver
revoked. The department or agency must file a verified
complaint within 2 years after the officer's discharge or
dismissal for the Illinois Labor Relations Board State
Panel to hold a hearing. The complaint shall be assigned to
an administrative law judge within 30 days so that a
hearing can be scheduled.
(6) Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Financial
and Professional Regulation. The Department of Financial
and Professional Regulation shall prosecute the verified
complaint at the hearing before the administrative law
judge. The Department of Financial and Professional
Regulation shall have the opportunity to produce evidence
to support the verified complaint and to request the
Illinois Labor Relations Board State Panel to compel the
attendance of witnesses and the production of related
documents, including, but not limited to, court documents
and records. The Illinois Labor Relations Board State Panel
shall have the power to issue subpoenas requiring the
attendance of and testimony of witnesses and the production
of related documents, including, but not limited to, court
documents and records, and shall have the power to
administer oaths.
At the hearing, the accused officer shall be afforded
the opportunity to:

HB5814 - 39 - LRB101 21714 RLC 72659 b
(A) be represented by counsel of his or her own
choosing;
(B) be heard in his or her own defense;
(C) produce evidence in his or her defense; and
(D) request that the Illinois Labor Relations
Board State Panel compel the attendance of witnesses
and production of related documents including, but not
limited to, court documents and records.
(7) The administrative law judge shall have the
responsibility of receiving into evidence relevant
testimony and documents, including court records, to
support or disprove the allegations made by the department
or agency filing the verified complaint and, at the close
of the case, hearing arguments. If the administrative law
judge finds that there is not clear and convincing evidence
to support the verified complaint that the police officer,
on or after the operative date of this amendatory Act of
the 101st General Assembly, knowingly and willfully
violated a rule or regulation of his or her department or
agency that results or may result in the discharge or
dismissal of the officer from the department or agency, the
administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor
Relations Board State Panel. If the administrative law
judge finds that there is clear and convincing evidence
that the police officer, on or after the operative date of

HB5814 - 40 - LRB101 21714 RLC 72659 b
this amendatory Act of the 101st General Assembly,
knowingly and willfully violated a rule or regulation of
his or her department or agency that results or may result
in the discharge or dismissal of the officer from the
department or agency, the administrative law judge shall
make a written recommendation so concluding to the Illinois
Labor Relations Board State Panel. The hearings shall be
transcribed. The Executive Director of the Illinois Law
Enforcement Training Standards Board shall be informed of
the administrative law judge's recommended findings and
decision and the Illinois Labor Relations Board State
Panel's subsequent review of the recommendation.
(8) The Illinois Labor Relations Board State Panel
shall review the administrative law judge's recommended
decision and order and determine by a majority vote whether
or not there was clear and convincing evidence that the
accused officer, on or after the operative date of this
amendatory Act of the 101st General Assembly, knowingly and
willfully violated a rule or regulation of his or her
department or agency that results or may result in the
discharge or dismissal of the officer from the department
or agency. Within 30 days after service of the
administrative law judge's recommended decision and order,
the parties may file exceptions to the recommended decision
and order and briefs in support of their exceptions with
the Illinois Labor Relations Board State Panel. The parties

HB5814 - 41 - LRB101 21714 RLC 72659 b
may file responses to the exceptions and briefs in support
of the responses no later than 15 days after the service of
the exceptions. If exceptions are filed by any of the
parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold,
vacate, or modify the recommended decision and order.
If the Illinois Labor Relations Board State Panel
concludes that there is clear and convincing evidence that
the accused officer, on or after the operative date of this
amendatory Act of the 101st General Assembly, knowingly and
willfully violated a rule or regulation of his or her
department or agency that results or may result in the
discharge or dismissal of the officer from the department
or agency, the Illinois Labor Relations Board State Panel
shall inform the Illinois Law Enforcement Training
Standards Board and the Illinois Law Enforcement Training
Standards Board shall revoke the accused officer's
certification, license, or waiver. If the accused officer
appeals that determination to the Appellate Court, as
provided by this Act, he or she may petition the Appellate
Court to stay the revocation of his or her certification,
license, or waiver pending the court's review of the
matter.
(9) The accused officer shall not be placed on unpaid
status in any currently held police officer position
because of the filing or processing of a verified complaint

HB5814 - 42 - LRB101 21714 RLC 72659 b
until there is a final non-appealable order sustaining his
or her guilt and his or her license or certification is
revoked.
(10) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent
in any of its decisions decided pursuant to the Illinois
Public Labor Relations Act by the Illinois Labor Relations
Board State Panel or the courts.
(11) A party aggrieved by the final order of the
Illinois Labor Relations Board State Panel may apply for
and obtain judicial review of an order of the Illinois
Labor Relations Board State Panel, in accordance with the
provisions of the Administrative Review Law, except that
such judicial review shall be afforded directly in the
Appellate Court for the district in which the accused
officer resides. Any direct appeal to the Appellate Court
shall be filed within 35 days after the date that a copy of
the decision sought to be reviewed was served upon the
party affected by the decision.
(12) It is the duty and responsibility of the sheriff
or the chief executive officer of a local law enforcement
agency or department within this State to report to the
Board any discharge or dismissal of any officer for a
violation identified in this subsection (s). It is the duty
and responsibility of a full-time or part-time police
officer in this State to report to the Board within 30 days

HB5814 - 43 - LRB101 21714 RLC 72659 b
after his or her discharge or dismissal for a violation
identified in this subsection (s).
(13) Any full-time or part-time police officer who
knowingly makes, submits, causes to be submitted, or files
a false or untruthful report to the Board, under this
subsection (s), must have his or her license, certificate,
or waiver immediately decertified or revoked.
(14) Any person, or a local or State agency, or the
Board is immune from liability for submitting, disclosing,
or releasing information of violations pursuant to this
subsection (s) as long as the information is submitted,
disclosed, or released in good faith and without malice.
The Board has qualified immunity for the release of the
information.
(15) The revocation of a certification or license under
this Act shall be permanent.
The provisions of this amendatory Act of the 101st General
Assembly shall be operative no later than one year after the
effective date of this amendatory Act of the 101st General
Assembly.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/6.3 new)
Sec. 6.3. Conversion of certificates to licenses.
(a) Beginning on the operative date of this amendatory Act
of the 101st General Assembly, the Board's recognition of

HB5814 - 44 - LRB101 21714 RLC 72659 b
persons who have successfully completed the prescribed minimum
standard basic training course for police officers shall be
known as licensure rather than certification.
(b) If a person has successfully completed the prescribed
minimum standard basic training course for police officers and
holds a valid certification to that effect on the operative
date of this amendatory Act of the 101st General Assembly, that
certification shall be deemed to be a license for the purposes
of this Act.
(c) If, on the operative date of this amendatory Act of the
101st General Assembly, a person holds a valid waiver from one
of the certification requirements of this Act for police
officers, that waiver shall be deemed a waiver from the
corresponding licensure requirement of this Act.
(d) The Board shall replace the certificates or other
evidences of certification or waiver for police officers in use
on the operative date of this amendatory Act of the 101st
General Assembly with new credentials reflecting the change in
nomenclature instituted by this amendatory Act of the 101st
General Assembly.
(e) This Section is operative no later than one year after
the effective date of this amendatory Act of the 101st General
Assembly.
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time police and county corrections

HB5814 - 45 - LRB101 21714 RLC 72659 b
officers.
(a) After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer as defined
in this Act, nor shall any person receive, after the effective
date of this amendatory Act of 1984, a permanent appointment as
a county corrections officer, unless that person has been
awarded, within 6 months of his or her initial full-time
employment, a license or certificate attesting to his or her
successful completion of the Minimum Standards Basic Law
Enforcement and County Correctional Training Course as
prescribed by the Board; or has been awarded a license or
certificate attesting to his or her satisfactory completion of
a training program of similar content and number of hours and
which course has been found acceptable by the Board under the
provisions of this Act; or by reason of extensive prior law
enforcement or county corrections experience the basic
training requirement is determined by the Board to be illogical
and unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit his or her
position, or the employing agency must obtain a waiver from the
Board extending the period for compliance. Such waiver shall be
issued only for good and justifiable reasons, and in no case
shall extend more than 90 days beyond the initial 6 months. Any
hiring agency that fails to train a law enforcement officer
within this period shall be prohibited from employing this

HB5814 - 46 - LRB101 21714 RLC 72659 b
individual in a law enforcement capacity for one year from the
date training was to be completed. If an agency again fails to
train the individual a second time, the agency shall be
permanently barred from employing this individual in a law
enforcement capacity.
(b) No provision of this Section shall be construed to mean
that a law enforcement officer employed by a local governmental
agency at the time of the effective date of this amendatory
Act, either as a probationary police officer or as a permanent
police officer, shall require licensure or certification under
the provisions of this Section. No provision of this Section
shall be construed to mean that a county corrections officer
employed by a local governmental agency at the time of the
effective date of this amendatory Act of 1984, either as a
probationary county corrections or as a permanent county
corrections officer, shall require licensure or certification
under the provisions of this Section. No provision of this
Section shall be construed to apply to certification of elected
county sheriffs.
(c) This Section does not apply to part-time police
officers or probationary part-time police officers.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time police officers.
(a) A person hired to serve as a part-time police officer

HB5814 - 47 - LRB101 21714 RLC 72659 b
must obtain from the Board a license or certificate (i)
attesting to his or her successful completion of the part-time
police training course; (ii) attesting to his or her
satisfactory completion of a training program of similar
content and number of hours that has been found acceptable by
the Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the part-time police training
course is unnecessary because of the person's extensive prior
law enforcement experience. A person hired on or after the
effective date of this amendatory Act of the 92nd General
Assembly must obtain this license or certificate within 18
months after the initial date of hire as a probationary
part-time police officer in the State of Illinois. The
probationary part-time police officer must be enrolled and
accepted into a Board-approved course within 6 months after
active employment by any department in the State. A person
hired on or after January 1, 1996 and before the effective date
of this amendatory Act of the 92nd General Assembly must obtain
this license or certificate within 18 months after the date of
hire. A person hired before January 1, 1996 must obtain this
license or certificate within 24 months after the effective
date of this amendatory Act of 1995.
The employing agency may seek a waiver from the Board
extending the period for compliance. A waiver shall be issued
only for good and justifiable reasons, and the probationary
part-time police officer may not practice as a part-time police

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officer during the waiver period. If training is required and
not completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit
his or her position.
(b) (Blank).
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) For the purposes of this Section, the Board shall adopt
rules defining what constitutes employment on a part-time
basis.
(Source: P.A. 92-533, eff. 3-14-02.)
Section 25. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by adding Section 1-103
as follows:
(745 ILCS 10/1-103 new)
Sec. 1-103. Non-applicability to peace officers.
Notwithstanding any other provision of law to the contrary,
this Act does not apply to a peace officer as defined in
Section 2-13 of the Criminal Code of 2012.

HB5814 - 49 - LRB101 21714 RLC 72659 b
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5814 - 50 - LRB101 21714 RLC 72659 b
INDEX
Statutes amended in order of appearance