LAW ENFORCEMENT CERTIFICATION

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5517

Introduced 2/13/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Police Training Act. Creates the Certification
Enforcement Unit within the Illinois Law Enforcement Training Standards
Board. Removes the Review Committee created within the Board. Provides
that the Certification Enforcement Unit shall be headed by the Deputy
Director of the Certification Enforcement Unit. Provides that the Deputy
Director of the Certification Enforcement Unit shall be appointed by the
Board and must have (1) substantial experience in law enforcement,
criminal law, civil-rights law, or government investigations and (2)
demonstrated integrity, professionalism, sound judgment, and leadership.
Provides that any investigator hired to serve in the Certification
Enforcement Unit must have at least 2 years of prior investigative
experience and may have previously served as a certified or licensed law
enforcement officer. Changes the name of the Certification Review Panel to
the Decertification Review Panel. In provisions concerning formal
complaint hearings, provides that, at the hearing, the Certification
Enforcement Unit bears the burden of proving that the officer committed
the decertifying conduct by clear and convincing evidence. Provides that
all hearings shall be open to the public. In provisions concerning
certification review meetings, provides that the Panel shall vote to
decertify the officer if a simple majority of the Panel finds that (1) any
alleged decertification conduct has been proven by clear and convincing
evidence; and (2) there is no mitigating factor or combination of
mitigating factors that significantly outweigh the seriousness of the
misconduct and the impact of the misconduct on the victim and the
community. Provides that a law enforcement agency and the Illinois State
Police shall notify the Board when an officer is discharged or dismissed
because of a sustained violation of a department, agency, or Illinois
State Police policy that includes assault, sexual assault, bribery,
coercion, fraud, theft, untruthfulness, bias, excessive force, conduct
that constitutes a significant abuse of the public trust, or reflects an
unfitness to serve, or any other specified conduct. The agency shall
provide information regarding the nature of the violation. The
notification shall occur as soon as the officer is discharged or
dismissed. Makes other changes. Effective immediately.
LRB104 17928 RTM 31365 b

A BILL FOR

HB5517
LRB104 17928 RTM 31365 b
1

AN ACT concerning local government.

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, 3, 3.1, 6, 6.3, 6.6, 7.1, 8, 8.1, 8.2,
6
8.3, and 9.2 and by adding Sections 3.3 and 9.3 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

"Address of record" means the designated address recorded
11
by the Board in the applicant's application file or the law
12
enforcement officer's certification file, as maintained by the
13
Board.
14

"Basic training school" means any school located within
15
the State of Illinois whether privately or publicly owned
16
which offers a course in basic law enforcement or county
17
corrections training and has been approved by the Board.

18

"Board" means the Illinois Law Enforcement Training
19
Standards Board.
20

"Chief executive officer" means the highest-ranking
21
officer within a law enforcement agency. "Chief executive
22
officer" includes police chiefs and police superintendents.
23

"Court security officer" has the meaning given to that

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1
term in Section 3-6012.1 of the Counties Code.
2

"County corrections officer" means any sworn officer of
3
the sheriff who is primarily responsible for the control and
4
custody of offenders, detainees, or inmates.
5

"Deputy Director" means the Deputy Director of the
6
Certification Enforcement Unit.

7

"Full-time law enforcement officer" means a law
8
enforcement officer who has completed the officer's
9
probationary period and is employed on a full-time basis as a
10
law enforcement officer by a local government agency, State
11
government agency, or as a campus police officer by a
12
university, college, or community college.
13

"Law
enforcement

Enforcement
agency" means any entity with
14
statutory police powers and the ability to employ individuals
15
authorized to make arrests. It does not include the Illinois
16
State Police as defined in the State Police Act. A law
17
enforcement agency
includes

may include
any
entity associated
18
with a
university, college, or community college
that employs
19
individuals with statutory police powers
.
20

"Law enforcement officer" means (i) any person who because
21
of the person's office or public employment is primarily
22
responsible for prevention or detection of crime and the
23
enforcement of the criminal, traffic, or highway laws or
24
ordinances of this State or any political subdivision of this
25
State or (ii) any member of a police force appointed and
26
maintained as provided in Section 2 of the Railroad Police

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1
Act. "Law enforcement officer" does not include a court
2
security officer or a county corrections officer.

3

"Local law enforcement agency" means any law enforcement
4
unit of government or municipal corporation in this State. It
5
does not include the State of Illinois or any office, officer,
6
department, division, bureau, board, commission, or agency of
7
the State, except that it does include a State-controlled
8
university, college or public community college.
9

"State law enforcement agency" means any law enforcement
10
agency of this State. This includes any office, officer,
11
department, division, bureau, board, commission, or agency of
12
the State. It does not include the Illinois State Police as
13
defined in the State Police Act.
14

"Panel" means the
Decertification

Certification
Review
15
Panel
established under Section 3.1
.
16

"Part-time law enforcement officer" means a law
17
enforcement officer who has completed the officer's
18
probationary period and is employed on a part-time basis as a
19
law enforcement officer or as a campus police officer by a law
20
enforcement agency.
21

"Permanent county corrections officer" means a county
22
corrections officer who has completed the officer's
23
probationary period and is permanently employed on a full-time
24
basis as a county corrections officer by a participating law
25
enforcement agency.
26

"Permanent court security officer" means a court security

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officer who has completed the officer's probationary period
2
and is employed as a court security officer by a participating
3
law enforcement agency.
4

"Permanent law enforcement officer" means a law
5
enforcement officer who has completed the officer's
6
probationary period and is permanently employed on a full-time
7
basis as a local law enforcement officer, as a security
8
officer, or campus police officer permanently employed by a
9
law enforcement agency.
10

"Probationary county corrections officer" means a recruit
11
county corrections officer required to successfully complete
12
initial minimum basic training requirements at a basic
13
training school to be eligible for permanent employment on a
14
full-time basis as a county corrections officer.
15

"Probationary court security officer" means a recruit
16
court security officer required to successfully complete
17
initial minimum basic training requirements at a designated
18
training school to be eligible for employment as a court
19
security officer.

20

"Probationary part-time police officer" means a recruit
21
part-time law enforcement officer required to successfully
22
complete initial minimum part-time training requirements to be
23
eligible for employment on a part-time basis as a local law
24
enforcement officer.

25

"Basic training school" means any school located within
26
the State of Illinois whether privately or publicly owned

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1
which offers a course in basic law enforcement or county
2
corrections training and has been approved by the Board.
3

"Probationary police officer" means a recruit law
4
enforcement officer required to successfully complete initial
5
minimum basic training requirements at a basic training school
6
to be eligible for permanent full-time employment as a local
7
law enforcement officer.
8

"Reasonable basis" means there is sufficient information
9
and available evidence from which a reasonable person could
10
conclude that the officer engaged in decertification conduct
11
under Section 6.3.

12

"Probationary part-time police officer" means a recruit
13
part-time law enforcement officer required to successfully
14
complete initial minimum part-time training requirements to be
15
eligible for employment on a part-time basis as a local law
16
enforcement officer.
17

"Permanent law enforcement officer" means a law
18
enforcement officer who has completed the officer's
19
probationary period and is permanently employed on a full-time
20
basis as a local law enforcement officer, as a security
21
officer, or campus police officer permanently employed by a
22
law enforcement agency.
23

"Part-time law enforcement officer" means a law
24
enforcement officer who has completed the officer's
25
probationary period and is employed on a part-time basis as a
26
law enforcement officer or as a campus police officer by a law

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1
enforcement agency.
2

"Law enforcement officer" means (i) any police officer of
3
a law enforcement agency who is primarily responsible for
4
prevention or detection of crime and the enforcement of the
5
criminal code, traffic, or highway laws of this State or any
6
political subdivision of this State or (ii) any member of a
7
police force appointed and maintained as provided in Section 2
8
of the Railroad Police Act.
9

"Recruit" means any full-time or part-time law enforcement
10
officer or full-time county corrections officer who is
11
enrolled in an approved training course.
12

"State law enforcement agency" means any law enforcement
13
agency office, department, division, bureau, board, or
14
commission of this State. "Law enforcement agency" does not
15
include the Illinois State Police.

16

"Sufficient information" means facts that are alleged in
17
the notice of alleged violation and that, if true, would
18
constitute decertification conduct by an officer within the
19
Board's jurisdiction and that are sufficient to identify the
20
officer and to yield, upon further investigation, evidence
21
that would either prove or disprove the allegation.

22

"Review Committee" means the committee at the Board for
23
certification disciplinary cases in which the Panel, a law
24
enforcement officer, or a law enforcement agency may file for
25
reconsideration of a decertification decision made by the
26
Board.

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"Probationary county corrections officer" means a recruit
2
county corrections officer required to successfully complete
3
initial minimum basic training requirements at a basic
4
training school to be eligible for permanent employment on a
5
full-time basis as a county corrections officer.
6

"Permanent county corrections officer" means a county
7
corrections officer who has completed the officer's
8
probationary period and is permanently employed on a full-time
9
basis as a county corrections officer by a participating law
10
enforcement agency.
11

"County corrections officer" means any sworn officer of
12
the sheriff who is primarily responsible for the control and
13
custody of offenders, detainees or inmates.
14

"Probationary court security officer" means a recruit
15
court security officer required to successfully complete
16
initial minimum basic training requirements at a designated
17
training school to be eligible for employment as a court
18
security officer.
19

"Permanent court security officer" means a court security
20
officer who has completed the officer's probationary period
21
and is employed as a court security officer by a participating
22
law enforcement agency.
23

"Court security officer" has the meaning ascribed to it in
24
Section 3-6012.1 of the Counties Code.
25

"Trauma" means physical or emotional harm resulting from
26
an event, series of events, or set of circumstances that has

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1
led to lasting adverse effects on an individual's mental,
2
physical, social, emotional, and spiritual well-being.
3

"Trauma-informed response" means a program, organization,
4
or system that is trauma-informed; realizes the widespread
5
impact of trauma and understands potential paths for recovery;
6
recognizes the signs and symptoms of trauma in clients,
7
families, staff, and others involved with the system; and
8
responds by fully integrating knowledge about trauma into
9
policies, procedures, and practices, and seeks to actively
10
avoid re-traumatization and to restore autonomy and stability
11
to survivors.
12
(Source: P.A. 104-159, eff. 1-1-26
.)

13

(50 ILCS 705/3)

(from Ch. 85, par. 503)
14

Sec. 3.
Board; composition; appointments; tenure;
15
vacancies.
16

(a) The Board shall be composed of 18 members selected as
17
follows: The Attorney General of the State of Illinois, the
18
Director of the Illinois State Police, the Director of
19
Corrections, the Superintendent of the Chicago Police
20
Department, the Sheriff of Cook County, the Clerk of the
21
Circuit Court of Cook County, who shall serve as ex officio
22
members, and the following to be appointed by the Governor: 2
23
mayors or village presidents of Illinois municipalities, 2
24
Illinois county sheriffs from counties other than Cook County,
25
2 managers of Illinois municipalities, 2 chiefs of municipal

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police departments in Illinois having no Superintendent of the
2
Police Department on the Board, 2 citizens of Illinois who
3
shall be members of an organized enforcement officers'
4
association, one active member of a statewide association
5
representing sheriffs, and one active member of a statewide
6
association representing municipal police chiefs. The
7
appointments of the Governor shall be made on the first Monday
8
of August in 1965 with 3 of the appointments to be for a period
9
of one year, 3 for 2 years, and 3 for 3 years. Their successors
10
shall be appointed in like manner for terms to expire the first
11
Monday of August each 3 years thereafter. All members shall
12
serve until their respective successors are appointed and
13
qualified

qualify
. Vacancies shall be filled by the Governor
14
for the unexpired terms. Any ex officio member may appoint a
15
designee to the Board who shall have the same powers and
16
immunities otherwise conferred to the member of the Board,
17
including the power to vote and be counted toward quorum, so
18
long as the member is not in attendance.
19

(a-5)
(Blank).

Within the Board is created a Review
20
Committee. The Review Committee shall review disciplinary
21
cases in which the Panel, the law enforcement officer, or the
22
law enforcement agency file for reconsideration of a
23
decertification decision made by the Board. The Review
24
Committee shall be composed of 9 annually rotating members
25
from the Board appointed by the Board Chairman. One member of
26
the Review Committee shall be designated by the Board Chairman

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1
as the Chair. The Review Committee shall sit in 3 member panels
2
composed of one member representing law enforcement
3
management, one member representing members of law
4
enforcement, and one member who is not a current or former
5
member of law enforcement.

6

(b) When a Board member may have an actual, perceived, or
7
potential conflict of interest or appearance of bias that
8
could prevent the Board member from making a fair and
9
impartial decision regarding decertification:
10

(1) The Board member shall recuse himself or herself.
11

(2) If the Board member fails to recuse himself or
12

herself, then the Board may, by a simple majority of the
13

remaining members, vote to recuse the Board member. Board
14

members who are found to have voted on a matter in which
15

they should have recused themselves may be removed from
16

the Board by the Governor.
17

A conflict of interest or appearance of bias may include,
18
but is not limited to, matters where one of the following is a
19
party to a decision on a decertification or formal complaint:
20
someone with whom the member has an employment relationship;
21
any of the following relatives: spouse, parents, children,
22
adopted children, legal wards, stepchildren, step parents,
23
step siblings, half siblings, siblings, parents-in-law,
24
siblings-in-law, children-in-law, aunts, uncles, nieces, and
25
nephews; a friend; or a member of a professional organization,
26
association, or a union in which the member now actively

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1
serves.
2

(c) A vacancy in members does not prevent a quorum of the
3
remaining sitting members from exercising all rights and
4
performing all duties of the Board.
5

(d) An individual serving on the Board shall not also
6
serve on the Panel.
7
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
8
102-694, eff. 1-7-22.)

9

(50 ILCS 705/3.1)
10

Sec. 3.1.
Illinois Law Enforcement
Decertification

11
Certification
Review Panel.
12

(a) There is hereby created the Illinois Law Enforcement
13
Decertification

Certification
Review Panel. The Panel shall be
14
composed of the following members, to be appointed in
15
accordance with this Section no later than
January 31, 2022
16
(
30 days after the effective date of
Public Act 101-652)

this
17
amendatory Act of the 101st General Assembly
. An individual
18
serving on the Panel shall not also serve on the Board.
19

(1) The Governor shall appoint 4 members as prescribed
20

in this paragraph (1): one person who shall be an active
21

member from a statewide association representing State's
22

Attorneys; and 3 persons who shall be Illinois residents
23

who are from communities with disproportionately high
24

instances of interaction with law enforcement, as
25

indicated by a high need, underserved community with high

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1

rates of gun violence, unemployment, child poverty, and
2

commitments to
the
Illinois Department of Corrections, but
3

who are not themselves law enforcement officers. The
4

initial appointments of the Governor shall be for a period
5

of 3 years. Their successors shall be appointed in like
6

manner for terms to expire the first Monday of June each 3
7

years thereafter. All members shall serve until their
8

respective successors are appointed and
qualified

qualify
.
9

Vacancies shall be filled by the Governor for the
10

unexpired terms. Terms shall run regardless of whether the
11

position is vacant.
12

(2) The Attorney General shall appoint 9 members as
13

prescribed in this paragraph (2). The membership shall
14

have racial, ethnic, gender, and geographic diversity and
15

include the following:
2

two
persons who shall be active
16

members of statewide organization representing more than
17

20,000 active and retired law enforcement officers; one
18

person who shall be an active member of a statewide
19

organization representing more than 3,000 active and
20

retired law enforcement officials; one person who shall be
21

an active member of a statewide association representing a
22

minimum of 75 sheriffs; one person who shall be an active
23

member of a statewide association representing at least
24

200 municipal police chiefs;
2

two
persons who shall be
25

active members of a minority law enforcement association;
26

one person who shall be a representative of the victims'

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1

advocacy community but shall not be a member of law
2

enforcement; and one person who shall be a resident of
3

Illinois and shall not be an employee of the Office of the
4

Illinois Attorney General. The members shall serve for a
5

3-year term and until their respective successors are
6

appointed and
qualified

qualify
. The members' successors
7

shall be appointed in like manner for terms to expire the
8

first Monday of June each 3 years thereafter. Any vacancy
9

of these positions shall be filled by the Attorney General
10

for the unexpired term. The term shall run regardless of
11

whether the position is vacant.
12

(b) The Panel shall annually elect by a simple majority
13
vote one of its members as chairperson and one of its members
14
as vice-chairperson. The vice-chairperson shall serve in the
15
place of the chairperson at any meeting of the Panel in which
16
the chairperson is not present. If both the chairperson and
17
the vice-chairperson are absent at any meeting, the members
18
present shall elect by a simple majority vote another member
19
to serve as a temporary chairperson for the limited purpose of
20
that meeting. No member shall be elected more than twice in
21
succession to the same office. Each member shall serve until
22
that member's successor has been elected and qualified.
23

(c) The Board shall provide administrative assistance to
24
the Panel.
25

(d) The members of the Panel shall serve without
26
compensation but shall be entitled to reimbursement for their

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1
actual and necessary expenses in attending meetings and in the
2
performance of their duties hereunder.
3

(e) Members of the Panel will receive initial and annual
4
training that is adequate in quality, quantity, scope, and
5
type, and will cover, at minimum
,
the following topics:
6

(1) constitutional and other relevant law on
7

police-community encounters, including the law on the use
8

of force and stops, searches, and arrests;
9

(2) police tactics;
10

(3) investigations of police conduct;
11

(4) impartial policing;
12

(5) policing individuals in crisis;
13

(6) Illinois police policies, procedures, and
14

disciplinary rules;
15

(7) procedural justice; and
16

(8) community outreach.
17

The Board shall determine the content and extent of the
18
training within the scope provided for by this subsection.
19

(f) The State shall indemnify and hold harmless members of
20
the Panel for all of their acts, omissions, decisions, or
21
other conduct arising out of the scope of their service on the
22
Panel, except those involving willful or wanton misconduct.
23
The method of providing indemnification shall be as provided
24
in the State Employee Indemnification Act.
25

(g) When a Panel member may have an actual, perceived, or
26
potential conflict of interest or appearance of bias that

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1
could prevent the Panel member from making a fair and
2
impartial decision on a complaint or formal complaint:
3

(1) The Panel member shall self-recuse.
4

(2) If the Panel member fails to self-recuse, then the
5

remaining members of the Panel may, by a simple majority,
6

vote to recuse the Panel member. Any Panel member who is
7

found to have voted on a matter in which
the Panel member

8

they
should have self-recused may be removed from the
9

Panel by the State official who initially appointed the
10

Panel member. A conflict of interest or appearance of bias
11

may include, but is not limited to, matters where one of
12

the following is a party to a certification decision for
13

formal complaint: someone with whom the
Panel
member has
14

an employment relationship; any of the following
15

relatives: spouse, parents, children, adopted children,
16

legal wards, stepchildren, stepparents, step siblings,
17

half siblings, siblings, parents-in-law, siblings-in-law,
18

children-in-law, aunts, uncles, nieces, and nephews; a
19

friend; or a member of a professional organization or
20

association in which the member now actively serves.
21

(h) A vacancy in membership does not impair the ability of
22
a quorum to exercise all rights and perform all duties of the
23
Panel.
24

(i) Notwithstanding any provision of law to the contrary,
25
the changes made to this Section by
Public Act 102-694

this
26
amendatory Act of the 102nd General Assembly
and Public Act

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1
101-652 take effect July 1, 2022.
2
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22;
3
revised 7-3-25.)

4

(50 ILCS 705/3.3 new)
5

Sec. 3.3.
Certification Enforcement Unit.
6

(a) The Certification Enforcement Unit is hereby created
7
within the Board and shall be responsible for the
8
investigation of matters under Sections 6.1 and 6.3 and the
9
prosecution of matters under Section 6.3. The Certification
10
Enforcement Unit shall be headed by the Deputy Director of the
11
Certification Enforcement Unit and shall be composed of one or
12
more investigators and other staff members. The Board shall
13
set the minimum qualifications, appropriate screening
14
procedures, and appropriate staffing levels for all positions
15
of Board employment necessary to carry out the Board's powers
16
and duties.
17

(b) The Deputy Director of the Certification Enforcement
18
Unit shall be appointed by the Board and must have:
19

(1) substantial experience in law enforcement,
20

criminal law, civil-rights law, or government
21

investigations; and
22

(2) demonstrated integrity, professionalism, sound
23

judgment, and leadership.
24

(c) A person may not be appointed as the Deputy Director if
25
the person:

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(1) was a law enforcement officer and was terminated
2

for decertifying conduct under Section 6.3;
3

(2) was a law enforcement officer and was decertified;
4

(3) was a law enforcement officer and the person's law
5

enforcement license or certificate was revoked in this
6

State or any other jurisdiction; or
7

(4) has been convicted of any of the crimes listed in
8

subsection (a) of Section 6.2a.
9

The Deputy Director may have previously served as a
10
certified or licensed law enforcement officer.
11

(d) Any investigator hired to serve in the Certification
12
Enforcement Unit must have at least 2 years of prior
13
investigative experience and may have previously served as a
14
certified or licensed law enforcement officer.
15

(e) A person may not be hired as an investigator if the
16
person:
17

(1) was a law enforcement officer and was terminated
18

for decertifying conduct under Section 6.3;
19

(2) was a law enforcement officer and was decertified;
20

(3) was a law enforcement officer and the person's law
21

enforcement license or certificate was revoked in this
22

State or any other jurisdiction; or
23

(4) has been convicted of any of the crimes listed in
24

subsection (a) of Section 6.2a.
25

(f) Any complaint filed against the Board's investigators
26
shall be investigated by the Illinois State Police.

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1

(50 ILCS 705/6)

(from Ch. 85, par. 506)
2

Sec. 6.
Powers and duties of the Board; selection and
3
certification of schools.
The Board shall select and certify
4
schools within the State of Illinois for the purpose of
5
providing basic training for probationary law enforcement
6
officers, probationary county corrections officers, and court
7
security officers and of providing advanced or in-service
8
training for permanent law enforcement officers or permanent
9
county corrections officers, which schools may be either
10
publicly or privately owned and operated. In addition, the
11
Board has the following power and duties:
12

a. To require law enforcement agencies to furnish such
13

reports and information as the Board deems necessary to
14

fully implement this Act.
15

b. To establish appropriate mandatory minimum
16

standards relating to the training of probationary
local

17

law enforcement officers or probationary county
18

corrections officers, and in-service training of permanent
19

law enforcement officers.
20

c.
(Blank).

To provide appropriate certification to
21

those probationary officers who successfully complete the
22

prescribed minimum standard basic training course.
23

c-5. To determine whether an applicant has met the
24

requirements of this Act or Section 3-6001.5 of the
25

Counties Code and is qualified to be certified as an

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officer and to issue a certificate to those so qualified.

2

d. To review and approve annual training curriculum
3

for county sheriffs.
4

e. To review and approve applicants to ensure that no
5

applicant is admitted to a certified academy unless the
6

applicant is a person of good character and has not been
7

convicted of, found guilty of, entered a plea of guilty
8

to, or entered a plea of nolo contendere to a felony
9

offense, any of the misdemeanors in Sections 11-1.50,
10

11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
11

11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
12

26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
13

violation of any Section of Part E of Title III of the
14

Criminal Code of 1961 or the Criminal Code of 2012, or
15

subsection (a) of Section 17-32 of the Criminal Code of
16

1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
17

the Cannabis Control Act, or a crime involving moral
18

turpitude under the laws of this State or any other state
19

which if committed in this State would be punishable as a
20

felony or a crime of moral turpitude, or any felony or
21

misdemeanor in violation of federal law or the law of any
22

state that is the equivalent of any of the offenses
23

specified therein. The Board may appoint investigators who
24

shall enforce the duties conferred upon the Board by this
25

Act.
26

For purposes of this paragraph e, a person is

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considered to have been convicted of, found guilty of, or
2

entered a plea of guilty to, plea of nolo contendere to
3

regardless of whether the adjudication of guilt or
4

sentence is withheld or not entered thereon. This includes
5

sentences of supervision, conditional discharge, or first
6

offender probation, or any similar disposition provided
7

for by law.
8

f. To establish statewide
standards for
minimum
9

standards regarding regular mental health screenings for
10

probationary and permanent police officers, ensuring that
11

counseling sessions and screenings remain confidential.
12

g. To review and ensure all law enforcement officers
13

and law enforcement agencies
remain in compliance with
14

this Act,
any other Act over which the Board exercises
15

oversight,
and any administrative rules adopted under this
16

Act
and any Act over which the Board exercises oversight
.
17

h. To suspend any certificate for a definite period,
18

limit or restrict any certificate, or revoke any
19

certificate.
20

i. The Board and the Panel shall have power to secure
21

by its subpoena and bring before it any person or entity in
22

this State and to take testimony either orally or by
23

deposition or both with the same fees and mileage and in
24

the same manner as prescribed by law in judicial
25

proceedings in civil cases in circuit courts of this
26

State. The Board and the Panel shall also have the power to

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subpoena the production of documents, papers, files,
2

books, documents, and records, whether in physical or
3

electronic form, in support of the charges and for
4

defense, and in connection with a hearing or
5

investigation.
6

j. The Executive Director, the administrative law
7

judge designated by the Executive Director, and each
8

member of the Board and the Panel shall have the power to
9

administer oaths to witnesses at any hearing that the
10

Board is authorized to conduct under this Act and any
11

other oaths required or authorized to be administered by
12

the Board under this Act.
13

k. In case of the neglect or refusal of any person to
14

obey a subpoena issued by the Board and the Panel, any
15

circuit court, upon application of the Board and the
16

Panel, through the Illinois Attorney General, may order
17

such person to appear before the Board and the Panel give
18

testimony or produce evidence, and any failure to obey
19

such order is punishable by the court as a contempt
20

thereof. This order may be served
in person, by certified
21

mail at the person's address, or by use of a trackable
22

courier service with a signature requirement

by personal
23

delivery, by email, or by mail to the address of record or
24

email address of record
.
25

l. The Board shall have the power to administer state
26

certification examinations. Any and all records related to

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1

these examinations, including, but not limited to, test
2

questions, test formats, digital files, answer responses,
3

answer keys, and scoring information shall be exempt from
4

disclosure.
5

m. To make grants, subject to appropriation, to units
6

of local government and public institutions of higher
7

education for the purposes of hiring and retaining law
8

enforcement officers.
9

n.
(Blank).

To make grants, subject to appropriation,
10

to local law enforcement agencies for costs associated
11

with the expansion and support of National Integrated
12

Ballistic Information Network (NIBIN) and other ballistic
13

technology equipment for ballistic testing.

14

o. To create a Certification Enforcement Unit within
15

the Board.
16

p. To review annually police pursuit procedures and
17

make available suggested law enforcement pursuit
18

guidelines for law enforcement agencies. The police
19

pursuit guidelines adopted by the Board do not alter the
20

effect of previously existing law, including the
21

immunities established under the Local Governmental and
22

Governmental Employees Tort Immunity Act.

23
(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
24
102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)

25

(50 ILCS 705/6.3)

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Sec. 6.3.
Discretionary decertification of
full-time and
2
part-time
law enforcement officers.
3

(a) Definitions. For purposes of this Section 6.3:
4

"Duty to intervene" means an obligation to intervene to
5
prevent harm from occurring that arises when: an officer is
6
present, and has reason to know (1) that excessive force is
7
being used or that any constitutional violation has been
8
committed by a law enforcement official; and (2) the officer
9
has a realistic opportunity to intervene. This duty applies
10
equally to supervisory and nonsupervisory officers. If aid is
11
required, the officer shall not, when reasonable to administer
12
aid, knowingly and willingly refuse to render aid as defined
13
by State or federal law. An officer does not violate this duty
14
if the failure to render aid is due to circumstances such as
15
lack of appropriate specialized training, lack of resources or
16
equipment, or if it is unsafe or impracticable to render aid.
17

"Excessive use of force" means using force in violation of
18
State or federal law.
19

"False statement" means (1) any knowingly false statement
20
provided on a form or report
, (2)
that the writer does not
21
believe to be true
,
and
(3)
that the writer includes to mislead
22
a public servant in performing the public servant's official
23
functions
; (2) knowingly concealing information from a
24
statement causing a portion of the statement to be misleading,
25
or creating a false impression by the statement; or (3)
26
submitting or inviting reliance on a writing or recording that

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1
is false, forged, altered, or otherwise lacking in
2
authenticity
.
3

"Perjury" means
the crime

that
as defined under Sections
4
32-2 and 32-3 of the Criminal Code of 2012.
5

"Tampers with or fabricates evidence" means if a law
6
enforcement officer (1) has reason to believe that an official
7
proceeding is pending or may be instituted, and (2) alters,
8
destroys, conceals, or removes any record, document, data,
9
video or thing to impair its validity or availability in the
10
proceeding.
11

(b) Decertification conduct. The Board has the authority
12
to decertify a full-time or a part-time law enforcement
13
officer upon a determination by the Board that the law
14
enforcement officer has:
15

(1) committed an act that would constitute a felony or
16

misdemeanor which could serve as basis for automatic
17

decertification, whether or not the law enforcement
18

officer was criminally prosecuted, and whether or not the
19

law enforcement officer's employment was terminated;
20

(2) exercised excessive use of force;
21

(3) failed to comply with the officer's duty to
22

intervene, including through acts or omissions;
23

(4)
turned off or
tampered with a dash camera or
24

body-worn camera or data recorded by a dash camera or
25

body-worn camera
for the purpose of concealing,
26

destroying, or altering potential evidence
or directed

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1

another to tamper with or turn off a dash camera or
2

body-worn camera or data recorded by a dash camera or
3

body-worn camera for the purpose of concealing, destroying
4

or altering potential evidence;
5

(5) engaged in the following conduct relating to the
6

reporting, investigation, or prosecution of a crime:
7

committed perjury, made a false statement, or knowingly
8

tampered with or fabricated evidence;
or

and
9

(6) engaged in any unprofessional, unethical,
10

deceptive, or deleterious conduct or practice harmful to
11

the public; such conduct or practice need not have
12

resulted in actual injury to any person. As used in this
13

paragraph, the term "unprofessional conduct" shall include
14

any act that constitutes a significant abuse of the public
15

trust; sexual misconduct; exploiting or misusing the
16

position of the officer; or
any departure from, or failure
17

to conform to, the minimal standards of acceptable and
18

prevailing practice of an officer
that demonstrates an
19

officer's unfitness to serve
.
20

(b-5) The Board has the authority to decertify a
full-time
21
or part-time
law enforcement officer notwithstanding whether
22
other

a law enforcement agency takes
disciplinary action
is
23
taken
against a law enforcement officer for the same
24
underlying conduct as outlined in subsection (b).
25

(c) Notice of Alleged Violation.
26

(1) The following individuals and agencies shall

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1

notify the Board within 7 days of becoming aware of any
2

violation described in subsection (b):
3

(A) A law enforcement agency
,
as defined in
4

Section 2
,
or any law enforcement officer of this
5

State
, unless the law enforcement officer or law
6

enforcement agency knows that the conduct has been
7

reported previously by another individual or agency
.
8

For this subsection (c), law enforcement agency
9

includes, but is not limited to, a civilian
oversight
10

entity

review board
, an inspector general,
and
legal
11

counsel for a law enforcement agency
, and legal
12

counsel for a municipality that employs the law
13

enforcement officer permitted by law or other ethical
14

rules
.
15

(B) The Executive Director of the Board;
16

(C) A State's Attorney's Office of this State.
17

"Becoming aware"
means that an individual has acquired
18

information that reasonably suggests a reportable event
19

has occurred. "Becoming aware"
does not include
20

confidential communications between agency lawyers and
21

agencies regarding legal advice. For purposes of this
22

subsection, "law enforcement agency" does not include the
23

Illinois Attorney General when providing legal
24

representation to a law enforcement officer under the
25

State Employee Indemnification Act.
26

(2) Any person may also notify the Board of any

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1

conduct the person believes a law enforcement officer has
2

committed as described in subsection (b). Such
3

notifications may be made confidentially. Notwithstanding
4

any other provision in state law or any collective
5

bargaining agreement, the Board shall accept notice and
6

investigate any allegations from individuals who remain
7

confidential.
8

(3) Upon written request, the Board shall disclose to
9

the individual or entity who filed a notice of
alleged

10

violation the status of the Board's review.
11

(d) Form. The notice of
alleged
violation reported under
12
subsection (c) shall be on a form prescribed by the Board in
13
its rules. The form shall be publicly available by paper and
14
electronic means. The form shall include fields for the
15
following information, at a minimum:
16

(1) the full name, address, and telephone number of
17

the person submitting the notice;
18

(2) if submitted under subsection (c)(1), the agency
19

name and title of the person submitting the notice;
20

(3) the full name, badge number,
law enforcement

21

employing
agency, and physical description of the officer,
22

if known;
23

(4) the full name or names, address or addresses,
24

telephone number or numbers, and physical description or
25

descriptions of any witnesses, if known;
26

(5) a concise statement of facts that describe the

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1

alleged violation and any copies of supporting evidence
,

2

including
,
but not limited to
,
any photographic, video, or
3

audio recordings of the incident;
4

(6) whether the person submitting the notice has
5

notified any other agency; and
6

(7) an option for an individual, who submits directly
7

to the Board, to consent to have the individual's identity
8

disclosed. The identity of any individual providing
9

information or reporting any possible or alleged violation
10

to the Board shall be kept confidential and may not be
11

disclosed without the consent of that individual, unless
12

the individual consents to disclosure of the individual's
13

name or disclosure of the individual's identity is
14

otherwise required by law. The confidentiality granted by
15

this subsection does not preclude the disclosure of the
16

identity of a person in any capacity other than as the
17

source of an allegation.
18

Nothing in this subsection (d) shall preclude the Board
19
from receiving, investigating, or acting upon allegations made
20
confidentially
,

or
in a format different from the form
21
provided for in this subsection
, or as otherwise provided for
22
by law
.
23

(e) Preliminary review.
24

(1) The
Certification Enforcement Unit

Board
shall
25

complete a preliminary review of the allegations to
26

determine whether there is sufficient information to

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1

warrant a further investigation of any violations of the
2

Act. Upon initiating a preliminary review of the
3

allegations, the
Certification Enforcement Unit

Board

4

shall notify the head of the law enforcement agency
5

associated with

that employs
the law enforcement officer
6

who is the subject of the allegations. At the request of
7

the
Certification Enforcement Unit

Board
,
a

the
law
8

enforcement agency must submit any copies of investigative
9

findings, evidence, or documentation
related to the
10

allegations
to the
Certification Enforcement Unit

Board
in
11

accordance with rules adopted by the
Certification
12

Enforcement Unit

Board
to facilitate the
Certification
13

Enforcement Unit's

Board's
preliminary review. The
14

Certification Enforcement Unit

Board
may correspond with
15

the law enforcement agency, official records clerks or any
16

investigative agencies in conducting its preliminary
17

review.
18

(2) During the preliminary review, the
Certification
19

Enforcement Unit

Board
will take all reasonable steps to
20

discover any and all objective verifiable evidence
21

relevant to the alleged violation through the
22

identification, retention, review, and analysis of all
23

currently available evidence, including, but not limited
24

to: all time-sensitive evidence, audio and video evidence,
25

physical evidence, arrest reports, photographic evidence,
26

GPS records, computer data, lab reports, medical

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1

documents, and witness interviews. All reasonable steps
2

will be taken to preserve relevant evidence identified
3

during the preliminary investigation.
4

(3) If after a preliminary review of the alleged
5

violation or violations, the
Certification Enforcement
6

Unit

Board
believes there is sufficient information to
7

warrant further investigation of any violations of this
8

Act, the alleged violation or violations shall be assigned
9

for investigation in accordance with subsection (f).
10

(4) If after a review of the allegations, the
11

Certification Enforcement Unit

Board
believes there is
not
12

sufficient

insufficient
information supporting the
13

allegations to warrant further investigation, it may close
14

a notice. Notification of the
Certification Enforcement
15

Unit's

Board's
decision to close a notice
of alleged
16

violation
shall be sent to all relevant individuals,
17

agencies, and any entities that received
the
notice of
18

alleged

the
violation under subsection (c) within 30 days
19

of the notice
of alleged violation
being closed, except in
20

cases where the notice
of alleged violation
is submitted
21

anonymously if the complainant is unknown.
22

(5) Except when the Board has received notice under
23

subparagraph (A) of paragraph (1) of subsection (c), no
24

later than 30 days after receiving notice, the
25

Certification Enforcement Unit

Board
shall report any
26

notice of
alleged
violation it receives to the relevant

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1

law enforcement agency, unless reporting the notice would
2

jeopardize any subsequent investigation. The
Certification
3

Enforcement Unit

Board
shall also record any notice of
4

alleged
violation it receives to the Officer Professional
5

Conduct Database in accordance with Section 9.2. The Board
6

shall report to the appropriate State's Attorney any
7

alleged violations that contain allegations, claims, or
8

factual assertions that, if true, would constitute a
9

violation of Illinois law. The
Certification Enforcement
10

Unit

Board
shall inform the law enforcement officer via
11

personal service, certified mail at their address of
12

record or by use of a trackable courier service with
13

signature requirement

certified mail
that it has received
14

a notice of
alleged
violation against the law enforcement
15

officer.
16

If the
Certification Enforcement Unit

Board
determines
17

that due to the circumstances and the nature of the
18

allegation that it would not be prudent to notify the law
19

enforcement officer and the officer's law enforcement
20

agency unless and until the filing of
charges

a Formal
21

Complaint
, the
Certification Enforcement Unit

Board
shall
22

document in the file the reason or reasons a notification
23

was not made.
24

(6)
If the law enforcement officer is involved in a
25

criminal proceeding on the same subject as the notice of
26

violation, the Board is responsible for maintaining a

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1

current status report including court dates, hearings,
2

pleas, adjudication status and sentencing.
A State's
3

Attorney's Office must notify the Board of any criminal
4

charges filed against a law enforcement officer
within 30
5

days of such filing

,
and must provide updates of
6

significant developments to the Board in a timely manner
7

but no later than 30 days after such developments.
When a
8

law enforcement officer is charged in a criminal
9

proceeding related to conduct that is the subject of a
10

notice of alleged violation, the Board is responsible for
11

maintaining a current status report regarding the criminal
12

proceedings, including court dates, hearings, pleas,
13

adjudication status, and sentencing.

14

(f) Investigations; requirements.
After the Certification
15
Enforcement Unit concludes its

Investigations are to be
16
assigned after a
preliminary review,
the Certification
17
Enforcement Unit shall assign the investigation of the
18
allegations in the notice of alleged violation as provided in
19
paragraphs (1), (2), and (3) of this subsection (f),
unless
20
the investigations were closed under paragraph (4) of
21
subsection (e)
, as follows in paragraphs (1), (2), and (3) of
22
this subsection (f)
.
23

(1) A law enforcement agency that submits a notice of
24

alleged
violation to the Board under subparagraph (A) of
25

paragraph (1) of subsection (c) shall be responsible for
26

conducting an investigation of the underlying allegations

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1

except when: (i) the law enforcement agency refers the
2

notice to another law enforcement agency or the Board for
3

investigation and such other agency or the
Certification
4

Enforcement Unit

Board
agrees to conduct the
5

investigation; (ii) an external, independent, or civilian
6

oversight agency conducts the investigation in accordance
7

with local ordinance or other applicable law; or (iii) the
8

Certification Enforcement Unit

Board
has determined that
9

it will conduct the investigation based upon the facts and
10

circumstances of the alleged violation, including
,
but not
11

limited to, investigations regarding the Chief or Sheriff
12

of a law enforcement agency, familial conflict of
13

interests, complaints involving a substantial portion of a
14

law enforcement agency, or complaints involving a policy
15

of a law enforcement agency. Any agency or entity
16

conducting an investigation under this paragraph (1) shall
17

submit quarterly reports to the
Certification Enforcement
18

Unit

Board
regarding the progress of the investigation.
19

The quarterly report shall be reviewed by the individual
20

or individuals at the
Certification Enforcement Unit

Board

21

who conducted the preliminary review, if available.
If an
22

investigation proceeds more than 6 months beyond the
23

initial investigation assignment, the Certification
24

Enforcement Unit shall request that the investigating
25

agency show cause in writing as to why the investigation
26

has proceeded for this extended period and provide an

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1

estimated timeline for completion of their investigation.

2

Any agency or entity conducting an investigation under
3

this paragraph (1) shall, within 7 days of completing an
4

investigation, deliver
, to the Deputy Director of the
5

Certification Enforcement Unit,
an Investigative Summary
6

Report and copies of any
evidentiary material, including,
7

but not limited to, documents or video, that is relevant
8

to assessing the notice of the alleged violation

9

administrative evidence to the Board
. If the
Deputy
10

Director of the Certification Enforcement Unit

Board
finds
11

an investigation conducted under this paragraph (1) is
12

incomplete, unsatisfactory, or deficient in any way, the
13

Deputy Director of the Certification Enforcement Unit

14

Board
may direct the investigating entity or agency to
15

take any additional investigative steps deemed necessary
16

to thoroughly and satisfactorily complete the
17

investigation, or the
Certification Enforcement Unit

Board

18

may take any steps necessary to complete the
19

investigation. The investigating entity or agency or, when
20

necessary, the
Certification Enforcement Unit

Board
will
21

then amend and re-submit the Investigative Summary Report
22

to the
Certification Enforcement Unit

Board
for approval.
23

The
Certification Enforcement Unit

Board
shall submit
24

a report to the investigating entity disclosing the name,
25

address, and telephone numbers of persons who have
26

knowledge of facts which are the subject of the

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investigation and identifying the subject matter of their
2

knowledge.
3

(2) The
Certification Enforcement Unit

Board
shall
4

investigate and complete an Investigative Summary Report
5

when a State's Attorney's Office submits a notice of
6

alleged
violation to the Board under
subparagraph (C) of
7

paragraph (1) of subsection (c)

(c)(1)(C)
.
8

(3) When a person submits a notice to the Board under
9

paragraph (2) of subsection (c),
the Certification
10

Enforcement Unit

The Board
shall assign the investigation
11

to the law enforcement agency
associated with

that employs

12

the law enforcement officer, except when: (i) the law
13

enforcement agency requests to refer the notice to another
14

law enforcement agency or the Board for investigation and
15

such other agency or the Board agrees to conduct the
16

investigation; (ii) an external, independent, or civilian
17

oversight agency conducts the investigation in accordance
18

with local ordinance or other applicable law; or (iii) the
19

Certification Enforcement Unit

Board
has determined that
20

either (I)
it will conduct the investigation based upon
21

the facts and circumstances of the alleged violation,
22

including
,
but not limited to, investigations regarding
23

the Chief or Sheriff of a law enforcement agency, familial
24

conflict of interests, complaints involving a substantial
25

portion of a law enforcement agency, or complaints
26

involving a policy of a law enforcement agency
or (II) it

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is, based on the facts and circumstances, in the public
2

interest for the Certification Enforcement Unit to do so.
3

The public interest shall include conflicts of interest, a
4

perceived lack of impartiality, or the severity of the
5

alleged wrongdoing that significantly impacts public trust
6

if not handled by a neutral party
.
7

The investigating entity or agency shall submit
8

quarterly reports to the Board regarding the progress of
9

the investigation in a form to be determined by the Board.
10

The quarterly report shall be reviewed by the individual
11

at the
Certification Enforcement Unit

Board
who conducted
12

the preliminary review, if available.
If an investigation
13

proceeds more than 6 months beyond the initial
14

investigation assignment, then the Certification
15

Enforcement Unit shall request that the investigating
16

agency show cause in writing as to why the investigation
17

has proceeded for the extended period and provide an
18

estimated timeline for completion of the agency's
19

investigation.

20

The investigating entity or agency shall, within 7 days of
21

completing an investigation, deliver an Investigative
22

Summary Report and copies of any evidence to the
Deputy
23

Director of the Certification Enforcement Unit

Board
. If
24

the
Deputy Director of the Certification Enforcement Unit

25

Board
finds an investigation conducted under this
26

subsection (f)(3) is incomplete, unsatisfactory,
biased,

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or deficient in any way, the
Deputy Director of the
2

Certification Enforcement Unit

Board
may direct the
3

investigating entity to take any additional investigative
4

steps deemed necessary to thoroughly and satisfactorily
5

complete the investigation, or the
Certification
6

Enforcement Unit

Board
may take any steps necessary to
7

complete the investigation. The investigating entity or
8

agency or, when necessary, the
Certification Enforcement
9

Unit

Board
will then amend and re-submit the Investigative
10

Summary Report to the
Deputy Director of the Certification
11

Enforcement Unit

Board
for approval. The investigating
12

entity shall cooperate with and assist the
Certification
13

Enforcement Unit

Board
, as necessary, in any subsequent
14

investigation.
15

(4) Concurrent Investigations. The
Certification
16

Enforcement Unit

Board
may, at any point, initiate
an
17

investigation under this Section to be conducted
18

concurrently with any administrative investigation of the
19

alleged misconduct conducted by the law enforcement agency
20

that employs the law enforcement officer or other
21

investigative entity. The employing agency or other
22

investigative

a concurrent investigation under this
23

section. The original investigating
entity shall timely
24

communicate, coordinate, and cooperate with the
25

Certification Enforcement Unit

Board
to the fullest
26

extent. The Board shall promulgate rules that shall

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address, at a minimum, the sharing of information and
2

investigative means such as subpoenas and interviewing
3

witnesses.
4

(5) Investigative Summary Report. An Investigative
5

Summary Report shall contain, at a minimum, the
6

allegations and elements
of

within
each
alleged offense

7

allegation
followed by
a description of
the testimonial,
8

documentary,
and

or
physical evidence that is relevant to
9

each such allegation or element listed
and discussed in
10

association with it
.
The Investigative Summary Report
11

shall also include a discussion of whether the
12

investigation uncovered facts sufficient to prove or
13

disprove the allegations.
All persons who have been
14

interviewed and listed in the Investigative Summary Report
15

will be identified as a complainant, witness, person with
16

specialized knowledge, or law enforcement employee.
17

(6) Each law enforcement agency shall adopt a written
18

policy regarding the investigation of conduct under
19

subsection (a) that involves a law enforcement officer
20

associated with

employed by
that law enforcement agency.
21

The written policy adopted must include the following, at
22

a minimum:
23

(a) Each law enforcement officer shall immediately
24

report any conduct under subsection (b) to the
25

appropriate supervising officer.
26

(b) The written policy under this Section shall be

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available for inspection and copying under the Freedom
2

of Information Act, and not subject to any exemption
3

of that Act.
4

(7) Nothing in this Act shall prohibit a law
5

enforcement agency from conducting an investigation for
6

the purpose of internal discipline. However, any such
7

investigation shall be conducted in a manner that avoids
8

interference with, and preserves the integrity of, any
9

separate investigation by the
Certification Enforcement
10

Unit

Board
being conducted.
11

(8) A law enforcement agency or the Certification
12

Enforcement Unit performing an investigation under this
13

Section shall preserve all evidence. This information
14

shall be contained in a single investigation file. Upon
15

the filing of a formal complaint seeking decertification,
16

the investigation file shall be subject to unredacted
17

disclosure to the law enforcement officer subject to the
18

investigation.

19

(g) Formal complaints. Upon receipt of an Investigative
20
Summary Report, the
Certification Enforcement Unit

Board
shall
21
review the
report

Report
and any relevant evidence obtained
22
and determine whether there is reasonable basis to believe
23
that the law enforcement officer committed any conduct that
24
would be deemed a violation of this Act. If after reviewing the
25
report

Report
and any other relevant evidence obtained, the
26
Certification Enforcement Unit

Board
determines that a

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reasonable basis does exist, the
Certification Enforcement
2
Unit

Board
shall file a formal complaint with the
3
Decertification

Certification
Review Panel.
4

(h) Formal Complaint Hearing.
5

(1)
Within 7 days after receipt

Upon issuance
of a
6

formal complaint
by the Certification Enforcement Unit
,
7

the Panel shall set the matter for an initial hearing in
8

front of an administrative law judge. At least 30 days
9

before the date set for an initial hearing, the
10

Certification Enforcement Unit

Panel
must, in writing,
11

notify the
accused
law enforcement officer
that a formal
12

complaint has been issued by the Board. Notice of the
13

formal complaint may be served in person, by certified
14

mail at the law enforcement officer's address of record,
15

or by use of a trackable courier service with signature
16

requirement. Notice of the formal complaint shall also be
17

provided to the law enforcement officer's employing law
18

enforcement agency. Notice of the formal complaint shall
19

include

subject to the complaint of
the following:
20

(i) the allegations against the law enforcement
21

officer, the time and place for the hearing, and
22

whether the law enforcement officer's certification
23

has been temporarily suspended under Section 8.3;
24

(ii)
a statement that the officer has
the right to
25

file a written answer to the complaint with the Panel
26

within 30 days after service of the notice;

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(iii)
a statement that
if the law enforcement
2

officer fails to
file a written answer within 30 days
3

after service of the notice or fails to attend the
4

hearing

comply with the notice of the default order in
5

paragraph (2)
, the
administrative law judge

Panel

6

shall enter a default order against the law
7

enforcement officer along with a finding that the
8

allegations in the complaint are deemed admitted, and
9

that the law enforcement officer's certification may
10

be revoked as a result; and
11

(iv)
a statement that
the law enforcement officer
12

may
request an informal conference to
surrender the
13

officer's certification.
14

(2)
After showing completed service of the notice of
15

formal complaint to the law enforcement officer and the
16

law enforcement officer's failure to comply, the
17

Certification Enforcement Unit

The Board
shall send the
18

law enforcement officer notice of
a

the
default order. The
19

notice shall state that the officer has 30 days to notify
20

the Board in writing of their desire to have the order
21

vacated and to appear before the Board
at a
22

decertification hearing
. If the law enforcement officer
23

does not notify the Board within 30 days, the Board may
24

require the Certification Enforcement Unit to
set the
25

matter for hearing. If the matter is set for hearing, the
26

Certification Enforcement Unit

Board
shall send the law

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1

enforcement officer the notice of the date, time and
2

location of the hearing.
The law enforcement officer shall
3

be served by personal delivery, by certified mail at their
4

address of record, or by a trackable courier service with
5

signature requirement.
If the law enforcement officer or
6

counsel for the officer does appear, at the
Certification
7

Enforcement Unit's

Board's
discretion, the hearing may
8

proceed or may be continued to a date and time agreed upon
9

by all parties.
If on the date of the hearing, neither the
10

law enforcement officer nor counsel for the officer
11

appears, the Board may proceed with the hearing for
12

default in their absence.

13

(3) If
, on the date of the decertification hearing,
14

neither the law enforcement officer nor counsel for the
15

officer appears or the Certification Enforcement Unit
16

declines to set the matter for hearing as required under

17

the law enforcement officer fails to comply with
paragraph
18

(2), all of the allegations contained in the complaint
19

shall be deemed admitted and the law enforcement officer
20

shall be decertified if, by a majority vote of the
Panel

21

panel
, the conduct charged in the complaint is found to
22

constitute sufficient grounds for decertification under
23

this Act. Notice of the decertification decision may be
24

served by personal delivery,
by certified mail at their
25

address of record, or by a trackable courier service with
26

signature requirement

by mail, or, at the discretion of

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1

the Board, by electronic means as adopted by rule to the
2

address or email address specified by the law enforcement
3

officer in the officer's last communication with the
4

Board
. Notice shall also be provided to the law
5

enforcement officer's
employing
law enforcement agency.
6

The law enforcement officer's law enforcement agency shall
7

make all reasonable efforts to provide a copy of the
8

notice to the law enforcement officer within 7 days after
9

receiving the notice.

10

(4) The Board, at the request of the law enforcement
11

officer subject to the Formal Complaint, may suspend a
12

hearing on a Formal Complaint for no more than one year if
13

a concurrent criminal matter is pending. If the law
14

enforcement officer requests to have the hearing
15

suspended, the law enforcement officer's certification
16

shall be deemed inactive until the
Board makes a final
17

decision on the matter

law enforcement officer's Formal
18

Complaint hearing concludes
. The Board or the law
19

enforcement officer may request to have the hearing
20

suspended for up to 6 additional months for good cause.
21

This request may be renewed.
For purposes of this
22

paragraph (4), "good cause" means an incident or
23

occurrence that is beyond the control of the requester and
24

that prevents the hearing from occurring, or holding the
25

hearing would impose an undue hardship or prejudice on the
26

requester.

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(5) Surrender of certification
or waiver
.
At any time

2

Upon the Board's issuance of a complaint, and prior to
3

hearing on the matter
, a law enforcement officer may
4

choose to surrender the officer's certification
or waiver

5

by notifying the Board in writing of the officer's
6

decision to do so. Upon receipt of such notification from
7

the law enforcement officer, the Board shall immediately
8

decertify the officer
, or revoke any waiver previously
9

granted
. In the case of a surrender of certification
, if
10

the officer has pending decertification investigation or
11

hearing, there will be no further proceedings related to
12

the Board's formal complaint, and the matter will be
13

closed and terminated

or waiver, the Board's proceeding
14

shall terminate
.
15

(5.5) Mandatory prehearing disclosures. No later than
16

28 days before the hearing, the law enforcement officer,
17

the law enforcement officer's counsel, or the law
18

enforcement officer and the law enforcement officer's
19

counsel shall disclose the following:
20

(i) if known, the name, address, and telephone
21

number of each individual likely to have information
22

relevant to the hearing that the law enforcement
23

officer may use to support the law enforcement
24

officer's defenses; and
25

(ii) a copy of any documents and videos that are in
26

the possession, custody, or control of the law

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1

enforcement officer and that the law enforcement
2

officer may use to support the law enforcement
3

officer's defenses.

4

No later than 28 days after the filing of a formal
5

complaint, the Certification Enforcement Unit shall give
6

to the law enforcement officer or the law enforcement
7

officer's counsel a copy of the complete and unredacted
8

investigation file as required under paragraph (8),
9

including all demonstrative exhibits, evidence, and other
10

information that may be used during the hearing,
11

including, but not limited to, any name and last known
12

address that has previously been held as confidential by
13

the Certification Enforcement Unit or the Board.

14

(6) Appointment of administrative law judges. The
15

Board shall retain
at least 3 attorneys

any attorney

16

licensed to practice law in the State of Illinois to serve
17

as an administrative law judge in any action involving a
18

law enforcement officer under this Act.
Any attorney
19

retained to serve as an

The
administrative law judge shall
20

serve

be retained to
a term of no greater than 4 years. If
21

more than one
administrative law
judge is retained, the
22

terms shall be staggered.
Any

The
administrative law judge
23

shall have

has
full authority to conduct the hearings.
24

Any attorney retained to serve as an administrative
25

law judge must have at least 8 years of experience
26

practicing law in Illinois, and at least 5 years of

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1

litigation experience.
2

Prior to the commencement of a hearing, each party has
3

the right to demand a new administrative law judge without
4

having to show cause, and a new administrative judge shall
5

be assigned.
6

After the hearing has begun, any party may file with
7

the Board a request for the removal of an administrative
8

law judge for cause, along with a supporting affidavit, on
9

the grounds that the administrative law judge cannot
10

render a fair and impartial decision in a particular case.
11

The Panel shall assign the matter for a determination to
12

an administrative law judge not challenged in the motion.
13

If the administrative law judge finds that the party's
14

reasons for objecting do not warrant disqualification,
15

then the administrative law judge shall set forth in
16

writing the reasons disqualification is not warranted,
17

send the writing to the parties, and reiterate that
18

decision at the hearing.

19

The Board shall provide or make arrangements to
20

provide each administrative law judge with

Administrative
21

law judges will receive
initial and annual training that
22

is adequate in quality, quantity, scope, and type, and
23

will cover, at minimum the following topics:
24

(i) constitutional and other relevant law on
25

police-community encounters, including the law on the
26

use of force and stops, searches, and arrests;

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1

(ii) police tactics;
2

(iii) investigations of police conduct;
3

(iv) impartial policing;
4

(v) policing individuals in crisis;
5

(vi) Illinois police policies, procedures, and
6

disciplinary rules;
7

(vii) procedural justice; and
8

(viii) community outreach.
9

The Board shall determine the content and extent of
10

the training within the scope provided for by this
11

subsection.
12

(6.5) Ineligible administrative law judges. An
13

attorney is ineligible to serve as an administrative law
14

judge if the attorney:
15

(i) was employed or retained to serve as counsel
16

or expert witness by any law enforcement agency in the
17

preceding 5 years;
18

(ii) was employed or retained to serve as counsel
19

or expert witness by a law enforcement collective
20

bargaining entity in the preceding 5 years;
21

(iii) was employed or retained by a group involved
22

in litigation against law enforcement in the preceding
23

5 years; or
24

(iv) is currently employed by the Board.

25

No administrative law judge may preside over a hearing
26

if the administrative law judge is prejudiced or partial

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1

with respect to any party or has any interest in the matter
2

pending for decision.
3

An adverse ruling made by an administrative law judge
4

shall not constitute bias or conflict of interest. An
5

adverse ruling or rulings rendered against the party or
6

its representative in any previous matter shall not
7

constitute sufficient grounds for disqualification under
8

this Section. An adverse ruling made by an administrative
9

law judge may be used as evidence of bias or conflict of
10

interest.

11

(7) Hearing
procedures
. At the hearing, the
12

administrative law judge will hear
evidence related to
the
13

allegations
outlined

alleged
in the
formal
complaint. The
14

law enforcement officer, the counsel of the officer's
15

choosing, and the Board,
or the officer's counsel,
shall
16

be afforded the opportunity to present any pertinent
17

statements, testimony, evidence, and arguments. The law
18

enforcement officer
may

shall be afforded the opportunity
19

to
request that the
administrative law judge

Board
compel
20

the attendance of witnesses and production of related
21

documents.
22

At the hearing, the Certification Enforcement Unit
23

bears the burden of proving that the officer committed the
24

decertifying conduct, as defined in subsection (b), by
25

clear and convincing evidence. The Illinois Rules of
26

Evidence shall apply to the extent practicable unless, by

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1

the application, the administrative law judge determines
2

that application of the rule would be an injustice or
3

preclude the introduction of evidence of the type commonly
4

relied upon by a reasonably prudent person in the conduct
5

of the administrative judge's affairs. The administrative
6

law judge must state on the record the administrative law
7

judge's reasons for that determination. Any objection with
8

respect to the conduct of the hearing, including any
9

objection to the introduction of evidence, may be stated
10

orally, accompanied by a short statement of the grounds
11

for the objection, and included in the record. No
12

objection shall be deemed waived by further participation
13

in the hearing. Testimony shall be taken only on oath or
14

affirmation. Subject to the evidentiary requirements of
15

this Section, a party may conduct cross-examination
16

required for a full and fair disclosure of the facts. The
17

Certification Enforcement Unit may introduce evidence of
18

repeated prior conduct in aggravation.

19

All hearings shall be open to the public. However, a
20

portion of the hearing may be closed to the public only if
21

the party seeking closure can prove with specificity that
22

the portion of the hearing will reveal confidential
23

information that creates a compelling interest outweighing
24

the public's interest. The administrative law judge may,
25

in a nonpublic session, hear and consider the request for
26

closure and rule on such request.

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All proceedings before the administrative law judge
2

shall be recorded and retained in the file for the
3

proceedings. No other party, witness, or member of the
4

viewing public may make an audio or video record of the
5

proceedings. One copy of the transcript shall be made
6

available to the relevant law enforcement officer or the
7

law enforcement agency that employs the law enforcement
8

officer at no cost.

9

(8) Hearing summary report.
After the conclusion of
10

the hearing, the administrative law judge shall
issue a
11

hearing summary report that summarizes the administrative
12

law judge's

report any
findings of fact, conclusions of
13

law, and recommended disposition
of the matter
to the
14

Panel.
The administrative law judge shall also provide a
15

copy of the report to

If
the law enforcement officer
and
16

the agency that employs the law enforcement officer. Any
17

party to the proceeding may object to any findings of
18

fact, conclusions of law, or the recommended disposition
19

outlined in the hearing summary report, in writing by
20

filing a

objects to any procedural or substantive legal
21

portion of the report, the officer may do so by written

22

brief
filed
with the Panel within
28

14
days
of

after

23

receipt of the
hearing summary report. At the request of
24

the parties, the

report. The
Panel may grant reasonable
25

extensions
for the submission of objections to the hearing
26

summary report
for good cause shown or when mutually

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1

agreed upon by the parties.
2

No later than 28 days before the hearing, a party
3

shall disclose the following:
4

(i) The name and, if known, the address and
5

telephone number of each individual likely to have
6

information relevant to the hearing that the
7

disclosing party may use to support its claims or
8

defenses. This includes, but is not limited to, any
9

name that has previously been held as confidential by
10

the Board.
11

(ii) A copy of any documents and videos that are in
12

the possession, custody, or control of the party, and
13

that the disclosing party may use to support its
14

claims or defenses.

15

(h-5)

(8)
Certification Review Meeting. Upon receipt of
16
the administrative law judge's
hearing summary report

findings
17
of fact, conclusions of law, and recommended disposition,
and
18
any submitted objections
to

from
the
hearing summary report

19
law enforcement officer
, the Panel shall
schedule

call for
a
20
certification review meeting.
21

In such a meeting, the Panel may adjourn into a closed
22

conference for the purposes of deliberating on the
23

evidence presented during the hearing. In closed
24

conference, the Panel shall consider the hearing officer's
25

findings of fact, conclusions of law, and recommended
26

disposition and may deliberate on all evidence and

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1

testimony received and may consider the weight and
2

credibility to be given to the evidence received. No new
3

or additional evidence may be presented to the Panel.
4

After concluding its deliberations, the Panel shall
5

convene in open session for its consideration of the
6

matter.
Public attendance at the Panel's open session
7

shall be permitted.

If a simple majority of the Panel
8

finds that no allegations in the complaint supporting one
9

or more charges of misconduct are proven by clear and
10

convincing evidence, then the Panel shall recommend to the
11

Board that the complaint be dismissed. If a simple
12

majority of the Panel finds that the allegations in the
13

complaint supporting one or more charges of misconduct are
14

proven by clear and convincing evidence, then the Panel
15

shall recommend to the Board to decertify the officer. The
16

Panel shall prepare a summary report as soon as
17

practicable after the completion of the meeting including
18

the following: the hearing officer's findings of fact,
19

conclusions of law, recommended disposition, and the
20

Panel's order.
21

The Panel shall vote to decertify the officer if a simple
22
majority of the Panel finds that:
23

(1) any alleged decertification conduct has been
24

proven by clear and convincing evidence; and
25

(2) there is no mitigating factor or combination of
26

mitigating factors that significantly outweigh the

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1

seriousness of the misconduct and the impact of the
2

misconduct on the victim and the community.

3

The Panel shall prepare a disposition order as soon as
4
practicable after the completion of the certification review
5
meeting, which shall summarize the Panel's findings of fact,
6
conclusions of law, and disposition. The recommendation shall
7
be delivered to the Board within 7 days and shall also be
8
served upon the law enforcement officer and the law
9
enforcement agency employing the law enforcement officer.

10

(h-10)

(9)
Final action by the Board. After receiving the
11
Panel's
disposition order

recommendations and any objections
12
by the law enforcement officer, and after due consideration of
13
the Panel's recommendations,
the Board
, by majority vote,

14
shall issue a
final order regarding the

final
decision to
15
decertify the law enforcement officer or
to
take no action in
16
regard to the law enforcement officer.
No new or additional
17
evidence may be presented to the Board.
If the
Panel
18
recommends that the
Board
decertify the officer, then the
19
Board shall decertify the officer unless a motion to
20
reconsider has been filed

makes a final decision contrary to
21
the recommendations of the Panel, the Board shall set forth in
22
its final written decision the specific written reasons for
23
not following the Panel's recommendations
. A copy of the
24
Board's final decision shall be served upon the law
25
enforcement officer by the Board, either personally or as
26
provided in this Act for the service of a notice of hearing. A

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copy of the Board's final decision also shall be delivered to
2
the last employing law enforcement agency, the complainant,
3
and the Panel.
4

(h-15)

(10)
Reconsideration of the
Panel's

Board's

5
Decision. Within 30 days after service of the Board's final
6
decision,
the Panel or
the law enforcement officer may file a
7
written motion for reconsideration with the
Board

Review
8
Committee
. The motion for reconsideration shall specify the
9
particular grounds for reconsideration.
Within 10 days after
10
receipt of the motion for reconsideration, the

The
non-moving
11
party may respond to the motion for reconsideration. The
Board

12
Review Committee
shall only address the issues raised by the
13
parties.
The Board may not address new evidence or other
14
arguments not previously presented.

15

The
Board

Review Committee
may deny the motion for
16
reconsideration, or it may grant the motion in whole or in part
17
and issue
an amended final order

a new final decision
in the
18
matter. The
Board

Review Committee
must notify the law
19
enforcement officer and their last employing law enforcement
20
agency within 14 days of a denial
of the motion for
21
reconsideration
and state the reasons for denial.
The law
22
enforcement officer shall be served by personal delivery, by
23
certified mail at their address of record, or by a trackable
24
courier service with signature requirement. Denial of a motion
25
for reconsideration may be appealed under Section 6.6.

26

(i) This Section applies to conduct by a
full-time or

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part-time
law enforcement officer in violation of subsection
2
(b) that occurred
before,
on
,
or after
January 1, 2022

the
3
effective date of this amendatory Act of the 102nd General
4
Assembly
.
5

The following may be used to discretionarily decertify a
6
law enforcement officer for conduct that occurred prior to
7
July 1, 2022: (i) committing an act that would constitute a
8
felony or misdemeanor that could serve as the basis for
9
automatic decertification under subsection (a) of Section 6.2;
10
(ii) using excessive force; (iii) tampering with a dash camera
11
or body-worn camera or directing another person to tamper with
12
a dash or body-worn camera for the purpose of concealing,
13
destroying, or altering potential evidence, if the conduct
14
occurred when it was unlawful to do so; (iv) committing
15
perjury, intentionally making a false statement, or knowingly
16
tampering with or fabricating evidence; (v) the commission or
17
attempted initiation of a sexual act with a member of the
18
public by means of force, threat, coercion, extortion, offer
19
of leniency or other official favor, or under the color of
20
authority; or (vi) intimidating witnesses, knowingly obtaining
21
a false confession, or knowingly making a false arrest if
22
these actions were intended to disrupt a legitimate criminal
23
investigation.

24

(i-5) Information received and records kept by the Board
25
for purposes of performing official duties under this Section
26
are confidential and exempt from disclosure under the Freedom

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of Information Act, except as otherwise provided in this Act.
2

(i-10) Annual report. The Board shall submit an annual
3
report to the Governor, Attorney General, President and
4
Minority Leader of the Senate, and the Speaker and Minority
5
Leader of the House of Representatives on or before March 1,
6
2026, and every year thereafter indicating:
7

(1) the number of notices of alleged violation under
8

this Section received in the preceding calendar year;
9

(2) the type of complaints received and, if known, the
10

gender and race of the complainants and officers;
11

(3) the number of investigations initiated in the
12

preceding calendar year since the date of the last report;
13

(4) the number of investigations concluded in the
14

preceding calendar year;
15

(5) the number of investigations pending on the last
16

day of the preceding calendar year;
17

(6) the number of formal complaints filed in the
18

preceding calendar year;
19

(7) the number of hearings held in the preceding
20

calendar year;
21

(8) the number of officers decertified in the
22

preceding calendar year;
23

(9) the number of officers where insufficient cause
24

for decertification was found by an investigator
25

conducting an investigation pursuant to this Section; and
26

(10) the number of officers where insufficient cause

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for decertification was found by an administrative law
2

judge, a decertification review panel, or the Board.
3

The annual report shall be made publicly available on the
4
Board website.
5

(j) Notwithstanding any provision of law to the contrary,
6
the changes made to this Section by this amendatory Act of the
7
102nd General Assembly and Public Act 101-652 take effect July
8
1, 2022.
9

(k) An individual who is decertified by the Board shall
10
not function as a law enforcement officer, be assigned the
11
duties of a law enforcement officer, or be authorized to carry
12
firearms under the authority of a law enforcement officer,
13
except as otherwise authorized to carry a firearm under State
14
law or federal law.

15
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

16

(50 ILCS 705/6.6)
17

Sec. 6.6.
Administrative Review Law; application.
18

(a)
(Blank).

All final administrative decisions regarding
19
discretionary decertification of the Board are subject to
20
judicial review under the Administrative Review Law and its
21
rules. The term "administrative decision" is defined in
22
Section 3-101 of the Code of Civil Procedure.
23

(a-5) The Board's final order or amended final order is
24
subject to the judicial review provisions of the Illinois
25
Administrative Procedure Act.

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(b) Proceedings for judicial review shall be commenced in
2
Sangamon County or Cook County.
3

(c) To facilitate judicial review as necessary, the Board
4
shall maintain all records related to any investigations and
5
proceedings conducted under this Act in a permanent file in
6
accordance with the retention schedule provided in the State
7
Records Act. The Board is responsible for preparing and filing
8
the record upon notice of the filing of a complaint for
9
administrative review.

10
(Source: P.A. 101-652, eff. 1-1-22
.)

11

(50 ILCS 705/7.1)
12

Sec. 7.1.
Firearms restraining order training.
13

(a) The Illinois Law Enforcement Training Standards Board
14
shall develop and approve a standard curriculum for a training
15
program on the Firearms Restraining Order Act. The Board shall
16
conduct a training program that trains officers on the use of
17
firearms restraining orders, how to identify situations in
18
which a firearms restraining order is appropriate, and how to
19
safely promote the usage of the firearms restraining order in
20
different situations. Officers who have successfully completed
21
this program shall be issued a certificate attesting to their
22
attendance.
23

(b) Every law enforcement officer shall complete this
24
training once each year.
25

(c) If
a law enforcement agency lacks internal expertise

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or capacity to provide this training

adequate training is
2
unavailable
,
then
the
Illinois Law Enforcement Training
3
Standards
Board may approve training to be conducted by a
4
third party.
5
(Source: P.A. 102-345, eff. 6-1-22
.)

6

(50 ILCS 705/8)

(from Ch. 85, par. 508)
7

Sec. 8.
Participation required.
All home rule
local
8
governmental
units shall comply with
Sections 6.3, 8.1, and
9
8.2 and
any
other
mandatory provisions of this Act. This Act is
10
a limitation on home rule powers under subsection (i) of
11
Section 6 of Article VII of the Illinois Constitution.
12
(Source: P.A. 101-652, eff. 1-1-22
.)

13

(50 ILCS 705/8.1)

(from Ch. 85, par. 508.1)
14

Sec. 8.1.
Full-time law enforcement and county corrections
15
officers.
16

(a) No person shall receive a permanent appointment as a
17
law enforcement officer or a permanent appointment as a county
18
corrections officer unless that person has been awarded,
19
within 6 months of the officer's initial full-time employment,
20
a certificate attesting to the officer's successful completion
21
of the Minimum Standards Basic Law Enforcement or County
22
Correctional Training Course as prescribed by the Board; or
23
has been awarded a certificate attesting to the officer's
24
satisfactory completion of a training program of similar

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content and number of hours and which course has been found
2
acceptable by the Board under the provisions of this Act; or a
3
training waiver by reason of prior law enforcement or county
4
corrections experience, obtained in Illinois, in any other
5
state, or with an agency of the federal government, the basic
6
training requirement is determined by the Board to be
7
illogical and unreasonable. Agencies seeking a reciprocity
8
waiver for training completed outside of Illinois must conduct
9
a thorough background check and provide verification of the
10
officer's prior training. After review and satisfaction of all
11
requested conditions, the officer shall be awarded an
12
equivalency certificate satisfying the requirements of this
13
Section. Within 60 days after the effective date of this
14
amendatory Act of the 103rd General Assembly, the Board shall
15
adopt uniform rules providing for a waiver process for a
16
person previously employed and qualified as a law enforcement
17
or county corrections officer under federal law or the laws of
18
any other state, or who has completed a basic law enforcement
19
officer or correctional officer academy who would be qualified
20
to be employed as a law enforcement officer or correctional
21
officer by the federal government or any other state. These
22
rules shall address the process for evaluating prior training
23
credit, a description and list of the courses typically
24
required for reciprocity candidates to complete prior to
25
taking the exam, and a procedure for employers seeking a
26
pre-activation determination for a reciprocity training

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1
waiver. The rules shall provide that any eligible person
2
previously trained as a law enforcement or county corrections
3
officer under federal law or the laws of any other state shall
4
successfully complete the following prior to the approval of a
5
waiver:
6

(1) a training program or set of coursework approved
7

by the Board on the laws of this State relevant to the
8

duties and training requirements of law enforcement and
9

county correctional officers;
10

(2) firearms training; and
11

(3) successful passage of the equivalency
12

certification examination.
13

If such training is required and not completed within the
14
applicable 6 months, then the officer must forfeit the
15
officer's position, or the employing agency must obtain a
16
waiver from the Board extending the period for compliance.
17
Such waiver shall be issued only for good and justifiable
18
reasons, and in no case shall extend more than 90 days beyond
19
the initial 6 months. Any hiring agency that fails to train a
20
law enforcement officer within this period shall be prohibited
21
from employing this individual in a law enforcement capacity
22
for one year from the date training was to be completed. If an
23
agency again fails to train the individual a second time, the
24
agency shall be permanently barred from employing this
25
individual in a law enforcement capacity.
26

An individual who is not certified by the Board or whose

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certified status is inactive shall not function as a law
2
enforcement officer, be assigned the duties of a law
3
enforcement officer by an employing agency, or be authorized
4
to carry firearms under the authority of the employer, except
5
as otherwise authorized to carry a firearm under State or
6
federal law.
Sheriffs who are elected as of January 1, 2022
7
(the effective date of Public Act 101-652) are exempt from the
8
requirement of certified status.
Failure to be certified in
9
accordance with this Act shall cause the officer to forfeit
10
the officer's position.
11

An employing agency may not grant a person status as a law
12
enforcement officer unless the person has been granted an
13
active law enforcement officer certification by the Board.
14

(b) Inactive status. A person who has an inactive law
15
enforcement officer certification has no law enforcement
16
authority.
17

(1) A law enforcement officer's certification becomes
18

inactive upon termination, resignation, retirement, or
19

separation from the officer's employing law enforcement
20

agency for any reason. The Board shall re-activate a
21

certification upon written application from the law
22

enforcement officer's law enforcement agency that shows
23

the law enforcement officer: (i) has accepted a full-time
24

law enforcement position with that law enforcement agency,
25

(ii) is not the subject of a decertification proceeding,
26

and (iii) meets all other criteria for re-activation

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1

required by the Board. The Board may also establish
2

special training requirements to be completed as a
3

condition for re-activation.
4

The Board shall review a notice for reactivation from
5

a law enforcement agency and provide a response within 30
6

days. The Board may extend this review. A law enforcement
7

officer shall be allowed to be employed as a full-time law
8

enforcement officer while the law enforcement officer
9

reactivation waiver is under review.
10

A law enforcement officer who is refused reactivation
11

or an employing agency of a law enforcement officer who is
12

refused reactivation under this Section may request a
13

hearing in accordance with the hearing procedures as
14

outlined in subsection (h) of Section 6.3 of this Act.
15

The Board may refuse to re-activate the certification
16

of a law enforcement officer who was involuntarily
17

terminated for good cause by an employing agency for
18

conduct subject to decertification under this Act or
19

resigned or retired after receiving notice of a law
20

enforcement agency's investigation.
21

(2) A law enforcement agency may place an officer who
22

is currently certified on inactive status by sending a
23

written request to the Board. A law enforcement officer
24

whose certificate has been placed on inactive status shall
25

not function as a law enforcement officer until the
26

officer has completed any requirements for reactivating

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1

the certificate as required by the Board. A request for
2

inactive status in this subsection shall be in writing,
3

accompanied by verifying documentation, and shall be
4

submitted to the Board with a copy to the chief
5

administrator of the law enforcement officer's current or
6

new employing agency.
7

(3) Certification that has become inactive under
8

paragraph (2) of this subsection (b) shall be reactivated
9

by written notice from the law enforcement officer's
10

agency upon a showing that the law enforcement officer:
11

(i) is employed in a full-time law enforcement position
12

with the same law enforcement agency, (ii) is not the
13

subject of a decertification proceeding, and (iii) meets
14

all other criteria for re-activation required by the
15

Board.
16

(4) Notwithstanding paragraph (3) of this subsection
17

(b), a law enforcement officer whose certification has
18

become inactive under paragraph (2) may have the officer's
19

employing agency submit a request for a waiver of training
20

requirements to the Board in writing and accompanied by
21

any verifying documentation. A grant of a waiver is within
22

the discretion of the Board. Within 7 days of receiving a
23

request for a waiver under this Section, the Board shall
24

notify the law enforcement officer and the chief
25

administrator of the law enforcement officer's employing
26

agency, whether the request has been granted, denied, or

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1

if the Board will take additional time for information. A
2

law enforcement agency whose request for a waiver under
3

this subsection is denied is entitled to request a review
4

of the denial by the Board. The law enforcement agency
5

must request a review within 20 days of the waiver being
6

denied. The burden of proof shall be on the law
7

enforcement agency to show why the law enforcement officer
8

is entitled to a waiver of the legislatively required
9

training and eligibility requirements.
10

(c) No provision of this Section shall be construed to
11
mean that a county corrections officer employed by a
12
governmental agency at the time of the effective date of this
13
amendatory Act, either as a probationary county corrections
14
officer or as a permanent county corrections officer, shall
15
require certification under the provisions of this Section.
No
16
provision of this Section shall be construed to apply to
17
certification of elected county sheriffs.
18

(d) Within 14 days, a law enforcement officer shall report
19
to the Board: (1) any name change; (2) any change in
20
employment; or (3) the filing of any criminal indictment or
21
charges against the officer alleging that the officer
22
committed any offense as enumerated in Section 6.1 of this
23
Act.
24

(e) All law enforcement officers must report the
25
completion of the training requirements required in this Act
26
in compliance with Section 8.4 of this Act.

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1

(e-1) Each employing law enforcement agency shall allow
2
and provide an opportunity for a law enforcement officer to
3
complete the mandated requirements in this Act. All mandated
4
training shall be provided at no cost to the employees.
5
Employees shall be paid for all time spent attending mandated
6
training.
7

(e-2) Each agency, academy, or training provider shall
8
maintain proof of a law enforcement officer's completion of
9
legislatively required training in a format designated by the
10
Board. The report of training shall be submitted to the Board
11
within 30 days following completion of the training. A copy of
12
the report shall be submitted to the law enforcement officer.
13
Upon receipt of a properly completed report of training, the
14
Board will make the appropriate entry into the training
15
records of the law enforcement officer.
16

(f) This Section does not apply to part-time law
17
enforcement officers or probationary part-time law enforcement
18
officers.
19

(g) Notwithstanding any provision of law to the contrary,
20
the changes made to this Section by Public Act 101-652, Public
21
Act 102-28, and Public Act 102-694 take effect July 1, 2022.
22

(h) This Section does not apply to elected county
23
sheriffs.

24
(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
25
103-154, eff. 6-30-23; 103-389, eff. 1-1-24
.)

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1

(50 ILCS 705/8.2)
2

Sec. 8.2.
Part-time law enforcement officers.
3

(a) A person hired to serve as a part-time law enforcement
4
officer must obtain from the Board a certificate (i) attesting
5
to the officer's successful completion of the part-time police
6
training course; (ii) attesting to the officer's satisfactory
7
completion of a training program of similar content and number
8
of hours that has been found acceptable by the Board under the
9
provisions of this Act; or (iii) a training waiver attesting
10
to the Board's determination that the part-time police
11
training course is unnecessary because of the person's prior
12
law enforcement experience obtained in Illinois, in any other
13
state, or with an agency of the federal government. A person
14
hired on or after March 14, 2002 (the effective date of Public
15
Act 92-533) must obtain this certificate within 18 months
16
after the initial date of hire as a probationary part-time law
17
enforcement officer in the State of Illinois. The probationary
18
part-time law enforcement officer must be enrolled and
19
accepted into a Board-approved course within 6 months after
20
active employment by any department in the State. A person
21
hired on or after January 1, 1996 and before March 14, 2002
22
(the effective date of Public Act 92-533) must obtain this
23
certificate within 18 months after the date of hire. A person
24
hired before January 1, 1996 must obtain this certificate
25
within 24 months after January 1, 1996 (the effective date of
26
Public Act 89-170). Agencies seeking a reciprocity waiver for

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1
training completed outside of Illinois must conduct a thorough
2
background check and provide verification of the officer's
3
prior training. After review and satisfaction of all requested
4
conditions, the officer shall be awarded an equivalency
5
certificate satisfying the requirements of this Section.
6
Within 60 days after January 1, 2024 (the effective date of
7
Public Act 103-389), the Board shall adopt uniform rules
8
providing for a waiver process for a person previously
9
employed and qualified as a law enforcement or county
10
corrections officer under federal law or the laws of any other
11
state, or who has completed a basic law enforcement officer or
12
correctional officer academy who would be qualified to be
13
employed as a law enforcement officer or correctional officer
14
by the federal government or any other state. These rules
15
shall address the process for evaluating prior training
16
credit, a description and list of the courses typically
17
required for reciprocity candidates to complete prior to
18
taking the exam, and a procedure for employers seeking a
19
pre-activation determination for a reciprocity training
20
waiver. The rules shall provide that any eligible person
21
previously trained as a law enforcement or county corrections
22
officer under federal law or the laws of any other state shall
23
successfully complete the following prior to the approval of a
24
waiver:
25

(1) a training program or set of coursework approved
26

by the Board on the laws of this State relevant to the

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1

duties and training requirements of law enforcement and
2

county correctional officers;
3

(2) firearms training; and
4

(3) successful passage of the equivalency
5

certification examination.
6

The employing agency may seek an extension waiver from the
7
Board extending the period for compliance. An extension waiver
8
shall be issued only for good and justifiable reasons, and the
9
probationary part-time law enforcement officer may not
10
practice as a part-time law enforcement officer during the
11
extension waiver period. If training is required and not
12
completed within the applicable time period, as extended by
13
any waiver that may be granted, then the officer must forfeit
14
the officer's position.
15

An individual who is not certified by the Board or whose
16
certified status is inactive shall not function as a law
17
enforcement officer, be assigned the duties of a law
18
enforcement officer by an agency, or be authorized to carry
19
firearms under the authority of the employer
, except that
20
sheriffs who are elected are exempt from the requirement of
21
certified status
. Failure to be in accordance with this Act
22
shall cause the officer to forfeit the officer's position.
23

(a-5) A part-time probationary law enforcement officer
24
shall be allowed to complete 6 months of a part-time police
25
training course and function as a law enforcement officer as
26
permitted by this subsection with a waiver from the Board,

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1
provided the part-time law enforcement officer is still
2
enrolled in the training course. If the part-time probationary
3
law enforcement officer withdraws from the course for any
4
reason or does not complete the course within the applicable
5
time period, as extended by any waiver that may be granted,
6
then the officer must forfeit the officer's position. A
7
probationary law enforcement officer must function under the
8
following rules:
9

(1) A law enforcement agency may not grant a person
10

status as a law enforcement officer unless the person has
11

been granted an active law enforcement officer
12

certification by the Board.
13

(2) A part-time probationary law enforcement officer
14

shall not be used as a permanent replacement for a
15

full-time law enforcement officer.
16

(3) A part-time probationary law enforcement officer
17

shall be directly supervised at all times by a
18

Board-certified law enforcement officer. Direct
19

supervision requires oversight and control with the
20

supervisor having final decision-making authority as to
21

the actions of the recruit during duty hours.
22

(b) Inactive status. A person who has an inactive law
23
enforcement officer certification has no law enforcement
24
authority.
25

(1) A law enforcement officer's certification becomes
26

inactive upon termination, resignation, retirement, or

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1

separation from the employing agency for any reason. The
2

Board shall reactivate a certification upon written
3

application from the law enforcement officer's employing
4

agency that shows the law enforcement officer: (i) has
5

accepted a part-time law enforcement position with
that
a
6

law enforcement agency, (ii) is not the subject of a
7

decertification proceeding, and (iii) meets all other
8

criteria for reactivation required by the Board.
9

The Board may refuse to reactivate the certification
10

of a law enforcement officer who was involuntarily
11

terminated for good cause by the officer's employing
12

agency for conduct subject to decertification under this
13

Act or resigned or retired after receiving notice of a law
14

enforcement agency's investigation.
15

(2) A law enforcement agency may place an officer who
16

is currently certified on inactive status by sending a
17

written request to the Board. A law enforcement officer
18

whose certificate has been placed on inactive status shall
19

not function as a law enforcement officer until the
20

officer has completed any requirements for reactivating
21

the certificate as required by the Board. A request for
22

inactive status in this subsection shall be in writing,
23

accompanied by verifying documentation, and shall be
24

submitted to the Board by the law enforcement officer's
25

employing agency.
26

(3) Certification that has become inactive under

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1

paragraph (2) of this subsection (b) shall be reactivated
2

by written notice from the law enforcement officer's law
3

enforcement agency upon a showing that the law enforcement
4

officer is: (i) employed in a part-time law enforcement
5

position with the same law enforcement agency, (ii) not
6

the subject of a decertification proceeding, and (iii)
7

meets all other criteria for reactivation required by the
8

Board. The Board may also establish special training
9

requirements to be completed as a condition for
10

reactivation.
11

The Board shall review a notice for reactivation from
12

a law enforcement agency and provide a response within 30
13

days. The Board may extend this review. A law enforcement
14

officer shall be allowed to be employed as a part-time law
15

enforcement officer while the law enforcement officer
16

reactivation waiver is under review.
17

A law enforcement officer who is refused reactivation
18

or an employing agency of a law enforcement officer who is
19

refused reactivation under this Section may request a
20

hearing in accordance with the hearing procedures as
21

outlined in subsection (h) of Section 6.3 of this Act.
22

(4) Notwithstanding paragraph (3) of this Section, a
23

law enforcement officer whose certification has become
24

inactive under paragraph (2) may have the officer's
25

employing agency submit a request for a waiver of training
26

requirements to the Board in writing and accompanied by

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any verifying documentation. A grant of a waiver is within
2

the discretion of the Board. Within 7 days of receiving a
3

request for a waiver under this section, the Board shall
4

notify the law enforcement officer and the chief
5

administrator of the law enforcement officer's employing
6

agency, whether the request has been granted, denied, or
7

if the Board will take additional time for information. A
8

law enforcement agency or law enforcement officer, whose
9

request for a waiver under this subsection is denied, is
10

entitled to request a review of the denial by the Board.
11

The law enforcement agency must request a review within 20
12

days after the waiver being denied. The burden of proof
13

shall be on the law enforcement agency to show why the law
14

enforcement officer is entitled to a waiver of the
15

legislatively required training and eligibility
16

requirements.
17

(c) The part-time police training course referred to in
18
this Section shall be of similar content and the same number of
19
hours as the courses for full-time officers and shall be
20
provided by Mobile Team In-Service Training Units under the
21
Intergovernmental Law Enforcement Officer's In-Service
22
Training Act or by another approved program or facility in a
23
manner prescribed by the Board.
24

(d) Within 14 days, a law enforcement officer shall report
25
to the Board: (1) any name change; (2) any change in
26
employment; or (3) the filing of any criminal indictment or

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charges against the officer alleging that the officer
2
committed any offense as enumerated in Section 6.1 of this
3
Act.
4

(e) All law enforcement officers must report the
5
completion of the training requirements required in this Act
6
in compliance with Section 8.4 of this Act.
7

(e-1) Each employing agency shall allow and provide an
8
opportunity for a law enforcement officer to complete the
9
requirements in this Act. All mandated training shall be
10
provided for at no cost to the employees. Employees shall be
11
paid for all time spent attending mandated training.
12

(e-2) Each agency, academy, or training provider shall
13
maintain proof of a law enforcement officer's completion of
14
legislatively required training in a format designated by the
15
Board. The report of training shall be submitted to the Board
16
within 30 days following completion of the training. A copy of
17
the report shall be submitted to the law enforcement officer.
18
Upon receipt of a properly completed report of training, the
19
Board will make the appropriate entry into the training
20
records of the law enforcement officer.
21

(f) For the purposes of this Section, the Board shall
22
adopt rules defining what constitutes employment on a
23
part-time basis.
24

(g) Notwithstanding any provision of law to the contrary,
25
the changes made to this Section by Public Act 102-694 and
26
Public Act 101-652 take effect July 1, 2022.

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(h) This Section does not apply to elected county
2
sheriffs.

3
(Source: P.A. 103-389, eff. 1-1-24; 104-417, eff. 8-15-25.)

4

(50 ILCS 705/8.3)
5

Sec. 8.3.
Emergency order of suspension.
6

(a) The Board, upon being notified that a law enforcement
7
officer has been arrested or indicted on any felony charge or
8
charges, may immediately suspend the law enforcement officer's
9
certification for a term specified by the Board to begin no
10
sooner than the date of the violation. The Board shall also
11
notify the
sheriff or
chief
executive officer

administrator
of
12
the

any
law enforcement agency currently employing the
13
officer. The Board shall have authority to dissolve an
14
emergency order of suspension at any time for any reason.
15

(a-5) The Board may consider the following factors in
16
determining the term of
an emergency order of

a
suspension:
17

(1) the seriousness of the conduct resulting in the
18

arrest;
19

(2) whether the offense contains an element of actual
20

or threatened bodily injury or coerce against another
21

person;
22

(3) the law enforcement officer's previous arrests;
23

(4) the law enforcement officer's previous
24

certification suspensions;
25

(5) actual or potential harm to public safety; and

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(6) rebuttal evidence regarding mitigating factors.
2

(b) Notice of the immediate suspension shall be served on
3
the law enforcement officer, the
sheriff or
employing agency,
4
and
the chief executive of the employing agency
within 7 days
,
5
and
the notice must
state the reason for suspension
within
6
seven days
.
The law enforcement officer shall be served by
7
personal delivery, by certified mail at their address of
8
record, or by a trackable courier service with signature
9
requirement.

10

(c) Upon service of the notice, the law enforcement
11
officer or the law enforcement
officer's employing agency
12
shall have 30 days to request
a hearing with

to be heard by
the
13
Panel
to review an emergency order of suspension
. The hearing,
14
if requested
by the officer
, shall follow the hearing
15
procedures as outlined in
subsection (h) of
Section 6.3
of
16
this Act
.
At

In
the hearing,
the
written communication and any
17
other evidence obtained therewith may be introduced as
18
evidence against the law enforcement officer; provided
19
however, the law enforcement officer, or their counsel, shall
20
have the opportunity to discredit, impeach and submit evidence
21
rebutting such evidence to explain why the officer's
22
certification should not be suspended or why the suspension
23
should be shortened. The law enforcement officer may also
24
present
mitigating

any rebuttal
evidence
in rebuttal

of
25
mitigating factors
.
26

(d)
At the conclusion of the hearing, the administrative

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law judge shall provide a recommendation to the Panel
2
regarding whether the emergency order of suspension should
3
remain in place, be amended, or be rescinded.
The Panel shall
4
review the recommendation from the administrative law judge
5
regarding the suspension, and if the Panel finds that the
6
proof is evident or the presumption great that the officer has
7
committed the offense charged, the Panel
may

can
sustain or
8
reduce the length of the suspension. If the Panel does not find
9
that the proof is evident or the presumption great that the
10
officer has committed the offense charged, the Panel
may
11
rescind the emergency order of

can reverse the
suspension.
12

If the law enforcement officer does not request to be
13
heard or does not appear, the Panel may hold the hearing in the
14
officer's absence. The law enforcement officer and the
15
employing agency shall be notified of the
Panel's
decision
of
16
the Panel
within 7 days. The law enforcement officer may
17
request to suspend the hearing until after the officer's
18
criminal trial has occurred, however the suspension will
19
remain intact until the hearing.
20

(e) Findings and conclusions made
by the administrative
21
law judge or the Panel based on evidence presented at a

in

22
hearing
related to

for
an emergency
order of
suspension shall
23
not be binding on any party in any subsequent proceeding under
24
this Act.
25

(f) A Panel member acting in good faith, and not in a
26
willful and wanton manner, in accordance with this Section,

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shall not, as a result of such actions, be subject to criminal
2
prosecution or civil damages, including
,
but not limited to
,

3
lost wages.
4

(g) Notwithstanding any provision of law to the contrary,
5
the changes made to this Section by this amendatory Act of the
6
102nd General Assembly and Public Act 101-652 take effect July
7
1, 2022.
8
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

9

(50 ILCS 705/9.2)
10

Sec. 9.2.
Officer professional conduct database
;
11
transparency
.
12

(a)
A

All
law enforcement
agency, including

agencies and

13
the Illinois State Police
,
shall notify the Board of
any final
14
determination of
a
sustained
willful violation of department,
15
agency, or
the
Illinois State Police policy
that includes
16
assault, sexual assault, bribery, coercion, fraud, theft,
17
untruthfulness, bias, or excessive force. A law enforcement
18
agency and the Illinois State Police shall notify the Board of
19
a sustained willful violation of a department, agency, or
20
Illinois State Police policy if the conduct constitutes a
21
significant abuse of the public trust, if the conduct reflects
22
an unfitness to serve, or if the conduct is covered by Section
23
6.3 and results in a suspension of at least 10 days. The
24
notification shall occur no later than 10 days after a final
25
determination and final exhaustion of any administrative

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appeal or challenge to discipline under a collective
2
bargaining agreement.

, official misconduct, or violation of
3
law within 10 days when:
4

(a-5) A law enforcement agency and the Illinois State
5
Police shall notify the Board when an officer is discharged or
6
dismissed because of a sustained violation of a department,
7
agency, or Illinois State Police policy that includes assault,
8
sexual assault, bribery, coercion, fraud, theft,
9
untruthfulness, bias, excessive force, conduct that
10
constitutes a significant abuse of the public trust, or
11
reflects an unfitness to serve, or any other conduct covered
12
by Section 6.3. The agency shall provide information regarding
13
the nature of the violation. The notification shall occur as
14
soon as the officer is discharged or dismissed.

15

(a-10) If a law enforcement officer has been served notice
16
that the officer is the accused in an ongoing disciplinary
17
investigation and if the officer resigns or retires before the
18
investigation is concluded or terminated, the law enforcement
19
agency, including the Illinois State Police, shall notify the
20
Board as soon as the officer resigns or retires if the conduct
21
that is the subject of the ongoing disciplinary investigation:

22

(1) would trigger a notice of alleged violation under
23

6.3 of this Act or automatic decertification under 6.2a of
24

this Act;

25

(2) constitutes a significant abuse of the public
26

trust or reflects an unfitness to serve; or

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(3) involves an allegation that the law enforcement
2

officer committed perjury, intentionally made a false
3

statement, or knowingly tampered with or fabricated
4

evidence.

5

(1) the determination leads to a suspension of at
6

least 10 days;
7

(2) any infraction that would trigger an official or
8

formal investigation under a law enforcement agency or the
9

Illinois State Police policy;
10

(3) there is an allegation of misconduct or regarding
11

truthfulness as to a material fact, bias, or integrity; or
12

(4) the officer resigns or retires during the course
13

of an investigation and the officer has been served notice
14

that the officer is under investigation.
15

Nothing in this Section prohibits law enforcement agencies

16
Agencies
and the Illinois State Police
from truthfully and
17
accurately reporting

may report
to
another agency

the Board

18
any conduct they deem appropriate to disseminate to another
19
law enforcement agency regarding a law enforcement officer.
20

The agency or the Illinois State Police shall report to
21
the Board within 10 days of a final determination and final
22
exhaustion of any administrative appeal, or the law
23
enforcement officer's resignation or retirement, and shall
24
provide information regarding the nature of the violation.
25
This notification shall not necessarily trigger certification
26
review.

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A law enforcement agency and the Illinois State Police
2
shall be immune from liability for a disclosure made as
3
described in this subsection, unless the disclosure would
4
constitute intentional misrepresentation or gross negligence.
5

(b) Within 14 days after receiving notification from a law
6
enforcement agency or the Illinois State Police, the Board
7
must notify the law enforcement officer of the report and the
8
officer's right to provide a statement regarding the reported
9
violation.
The law enforcement officer shall be served by
10
personal delivery, by certified mail at their address of
11
record, or by a trackable courier service with signature
12
requirement.
The law enforcement officer shall have 14 days
13
from receiving notice to provide a written objection
14
contesting information included in the agency's report. The
15
objection must be filed with the Board on a form prescribed by
16
the Board
,
and a copy must be served on the law enforcement
17
agency.
The objection shall remain in the database with the
18
reported violation.

19

(1) After the Board receives an objection from a law
20

enforcement officer, the Board must request a response
21

from the law enforcement agency. The law enforcement
22

agency may choose to maintain, amend, or rescind the
23

report.
24

(2) A report sustained by the law enforcement agency
25

shall remain in the database and be accompanied by the
26

objection filed by the officer. A report amended by the

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filing law enforcement agency shall be updated by the
2

Board. A report that has been rescinded by the agency
3

shall be removed from the Officer Professional Conduct
4

Database. The Board shall not use a rescinded report for
5

reactivation decisions.
6

(3) At any time, the Board may add additional
7

information submitted by a law enforcement officer
8

regarding newly discovered evidence or a new decision from
9

an appeal or challenge to discipline pursuant to a
10

collective bargaining agreement. A law enforcement agency
11

may also request the retraction of a report that was made
12

in error.

13

(c) The Board shall maintain a database readily available
14
to any chief
executive

administrative
officer
of a law
15
enforcement agency
,
a sheriff,
or the
officer's
designee
of a
16
sheriff or chief executive officer

,
of a law enforcement
17
agency and
to
the Illinois State Police
, which

that
shall show
18
for each law enforcement officer: (i) dates of certification,
19
decertification, and inactive status; (ii)
any information
20
submitted under subsections (a), (b), and (c) of Section 9.2

21
each sustained instance of departmental misconduct that lead
22
to a suspension at least 10 days or any infraction that would
23
trigger an official or formal investigation under the law
24
enforcement agency policy, any allegation of misconduct
25
regarding truthfulness as to a material fact, bias, or
26
integrity, or any other reported violation, the nature of the

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violation, the reason for the final decision of discharge or
2
dismissal, and any statement provided by the officer
; (iii)
3
date of separation from employment from any local or state law
4
enforcement agency;
and
(iv) the reason for separation from
5
employment, including, but not limited to: whether the
6
separation was based on misconduct or occurred while the law
7
enforcement agency was conducting an investigation of the
8
certified individual for a violation of an employing agency's
9
rules, policy or procedure or other misconduct or improper
10
action.
This database shall be known as the Officer
11
Professional Conduct Database.

12

(1) This database shall also be accessible to the
13

State's Attorney of any county in this State and the
14

Attorney General for the purpose of complying with
15

obligations under Brady v. Maryland (373 U.S. 83) or
16

Giglio v. United States (405 U.S. 150). This database
17

shall also be accessible to the
sheriff or
chief
executive

18

administrative
officer of any law enforcement agency for
19

the purposes of hiring law enforcement officers. This
20

database shall not be accessible to anyone not listed in
21

this subsection.
22

(2) Before a law enforcement agency may appoint a law
23

enforcement officer or a person seeking a certification as
24

a law enforcement officer in this State, the chief
25

administrative officer or designee must check the Officer
26

Professional Conduct Database, contact each person's

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previous law enforcement employers, and document the
2

contact. This documentation must be available for review
3

by the Board for a minimum of five years after the law
4

enforcement officer's termination, retirement,
5

resignation or separation with that agency.
6

(3) The database, documents, materials, or other
7

information in the possession or control of the Board that
8

are obtained by or disclosed to the Board under this
9

subsection shall be confidential by law and privileged,
10

shall not be subject to subpoena, and shall not be subject
11

to discovery or admissible in evidence in any private
12

civil action when sought from the Board. However, the
13

Board is authorized to use such documents, materials, or
14

other information in furtherance of any regulatory or
15

legal action brought as part of the Board's official
16

duties. The Board shall not disclose the database or make
17

such documents, materials, or other information it has
18

obtained or that has been disclosed to it to the public.
19

Neither the Board nor any person who received documents,
20

materials or other information shared under this
21

subsection shall be required to testify in any private
22

civil action concerning the database or any confidential
23

documents, materials, or information subject to this
24

subsection.
Unless compelled by law, persons and entities
25

with access to this database shall not further disclose to
26

any other person or entity any information gathered from

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the database.

2

(d)
(Blank).

The Board shall maintain a searchable
3
database of law enforcement officers accessible to the public
4
that shall include: (i) the law enforcement officer's
5
employing agency; (ii) the date of the officer's initial
6
certification and the officer's current certification status;
7
and (iii) any sustained complaint of misconduct that resulted
8
in decertification and the date thereof; provided, however,
9
that information shall not be included in the database that
10
would allow the public to ascertain the home address of an
11
officer or another person; provided further, that information
12
regarding an officer's or another person's family member shall
13
not be included in the database. The Board shall make the
14
database publicly available on its website.

15

(e)
(Blank).

The Board shall maintain a searchable
16
database of all completed investigations against law
17
enforcement officers related to decertification. The database
18
shall identify each law enforcement officer by a confidential
19
and anonymous number and include: (i) the law enforcement
20
officer's employing agency; (ii) the date of the incident
21
referenced in the complaint; (iii) the location of the
22
incident; (iv) the race and ethnicity of each officer involved
23
in the incident; (v) the age, gender, race and ethnicity of
24
each person involved in the incident, if known; (vi) whether a
25
person in the complaint, including a law enforcement officer,
26
was injured, received emergency medical care, was hospitalized

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or died as a result of the incident; (vii) the law enforcement
2
agency or other entity assigned to conduct an investigation of
3
the incident; (viii) when the investigation was completed;
4
(ix) whether the complaint was sustained; and (x) the type of
5
misconduct investigated; provided, however, that the Board
6
shall redact or withhold such information as necessary to
7
prevent the disclosure of the identity of an officer. The
8
Board shall make the database publicly available on its
9
website.

10

(e-1)
(Blank).

An investigation is complete when the
11
investigation has either been terminated or the
12
decertification action, including the administrative review
13
process, has been completed, whichever is later.
14

(e-2)
(Blank).

At any time, a law enforcement officer
15
shall have access to the law enforcement officer's own records
16
on file with the Board, as it pertains to the databases in this
17
Section.

18

(f)
(Blank).

Annual report. The Board shall submit an
19
annual report to the Governor, Attorney General, President and
20
Minority Leader of the Senate, and the Speaker and Minority
21
Leader of the House of Representatives on or before March 1,
22
2023, and every year thereafter indicating:
23

(1) the number of complaints received in the preceding
24

calendar year, including but not limited to the race,
25

gender, and type of discretionary decertification
26

complaints received;

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(2) the number of investigations initiated in the
2

preceding calendar year since the date of the last report;
3

(3) the number of investigations concluded in the
4

preceding calendar year;
5

(4) the number of investigations pending as of the
6

last date of the preceding calendar year;
7

(5) the number of hearings held in the preceding
8

calendar year; and
9

(6) the number of officers decertified in the
10

preceding calendar year.
11

The annual report shall be publicly available on the
12
website of the Board.

13

(g) Nothing in this Section shall exempt a law
14
enforcement agency from which the Board has obtained data,
15
documents, materials, or other information or that has
16
disclosed data, documents, materials, or other information to
17
the Board from disclosing public records in accordance with
18
the Freedom of Information Act.
19

(h) Notwithstanding any provision of law to the contrary,
20
the changes made to this Section by this amendatory Act of the
21
102nd General Assembly and Public Act 101-652 take effect July
22
1, 2022.
23

(i) The Board shall maintain a means of contact, by
24
telephone and email, for law enforcement agencies to receive
25
timely answers to inquiries regarding submission to the
26
database. The Board shall develop and implement an online,

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computer-based training program that must be completed by the
2
chief executive officer and one or more law enforcement agency
3
employees responsible for submissions to the database to
4
educate the chief executive officer and designated employees
5
about the database and required submissions to the database.
6
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

7

(50 ILCS 705/9.3 new)
8

Sec. 9.3.
Officer professional conduct public database
9

(a) The Board shall maintain a database of law enforcement
10
officers accessible to the public that shall include: (i) the
11
law enforcement officer's employing agency; (ii) the date of
12
the officer's initial certification and the officer's current
13
certification status; and (iii) any sustained complaint of
14
misconduct that resulted in decertification and the date
15
thereof; provided, however, that information shall not be
16
included in the database that would allow the public to
17
ascertain the home address of an officer or another person;
18
provided further, that information regarding an officer's or
19
another person's family member shall not be included in the
20
database. The Board shall make the database publicly available
21
on its website. The public database shall be searchable and
22
exportable in a machine-readable format.
23

The Board shall maintain a database of all completed
24
investigations against law enforcement officers related to
25
decertification. For all complaints, the database shall

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include: (i) the law enforcement officer's employing agency;
2
(ii) the date of the incident referenced in the complaint;
3
(iii) the location of the incident; (iv) the age, gender,
4
race, and ethnicity of each officer involved in the incident;
5
(v) the age, gender, race and ethnicity of each person
6
involved in the incident, if known; (vi) whether a person in
7
the complaint, including a law enforcement officer, was
8
injured, received emergency medical care, was hospitalized, or
9
died as a result of the incident; (vii) the law enforcement
10
agency or other entity assigned to conduct an investigation of
11
the incident; (viii) when the investigation was completed;
12
(ix) whether the complaint was sustained; (x) the type of
13
misconduct investigated; (xi) whether the officer was employed
14
on a full-time or part-time basis; and (xii) the hiring and
15
separation dates of the officer. The final order and the
16
Panel's disposition recommendation shall also be published on
17
the Board's website. However, the Board shall redact or
18
withhold such information as necessary to prevent the
19
disclosure only for any one or more of the following purposes:
20

(1) to remove personal data or information, such as a
21

home address, telephone number, email address, social
22

media identifiers or identities of family members, other
23

than the names and employers of law enforcement officers;
24

(2) to preserve the anonymity of complainants and
25

witnesses;
26

(3) to protect confidential medical, financial, or

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other information of which disclosure is specifically
2

prohibited by federal law or would cause an unwarranted
3

invasion of personal privacy that clearly outweighs the
4

strong public interest in records about misconduct and
5

serious use of force by peace officers and custodial
6

officers; and
7

(4) to protect the physical safety or well-being of a
8

peace officer, custodial officer, or other person when
9

there is a reasonable basis to believe that disclosure of
10

the record would pose a significant danger to the physical
11

safety or well-being of the peace officer, custodial
12

officer, or other person.
13

(b) An investigation is complete when the investigation
14
has either been terminated or the decertification action,
15
including the administrative review process, has been
16
completed, whichever is later.
17

(c) At any time, a law enforcement officer shall have
18
access to the law enforcement officer's own records on file
19
with the Board, as it pertains to the databases in this
20
Section.
21

(d) A law enforcement agency and the Illinois State Police
22
shall be immune from liability for a disclosure made under
23
this Section, unless the disclosure would constitute
24
intentional misrepresentation or gross negligence.

25

Section 99.
Effective date.
This Act takes effect upon
26
becoming law.

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1

INDEX

2

Statutes amended in order of appearance

3

50 ILCS 705/2
from Ch. 85, par. 502
4

50 ILCS 705/3
from Ch. 85, par. 503
5

50 ILCS 705/3.1
6

50 ILCS 705/3.3 new
7

50 ILCS 705/6
from Ch. 85, par. 506
8

50 ILCS 705/6.3
9

50 ILCS 705/6.6
10

50 ILCS 705/7.1
11

50 ILCS 705/8
from Ch. 85, par. 508
12

50 ILCS 705/8.1
from Ch. 85, par. 508.1
13

50 ILCS 705/8.2
14

50 ILCS 705/8.3
15

50 ILCS 705/9.2
16

50 ILCS 705/9.3 new

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