POLICE-FACIAL RECOGNITION ACT

Illinois General Assembly - Full Text of SB3564

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3564

Introduced 2/5/2026, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

See Index

Creates the Facial Recognition Technology in Law Enforcement Act.
Provides that a law enforcement agency that uses facial recognition
technology shall conduct a compliance audit regarding implementation of
the policies established under the Act. Requires the Illinois State Police
to publish a report that may contain recommendations for updates in local
policies regarding the use of facial recognition technology, overall rates
of implementation of policies outlined in the Act, and an assessment of the
accuracy and reliability of facial recognition technology used by law
enforcement agencies in this State. Provides that facial recognition
technology shall not be used by law enforcement agencies or law
enforcement officers to analyze an image or recording of individuals (1)
engaged in activity that is protected under the United States Constitution
or the Illinois Constitution unless there is reasonable suspicion that the
individual is actively committing a crime, is about to commit a crime, or
has already committed a crime; (2) for the purpose of real or live-time
identification of an image or recording; or (3) solely based on an
individual's political or social beliefs, the individual's engagement in
lawful activities, or the individual's race, color, religious beliefs,
sexual orientation, gender, disability, national origin, or housing
status. Amends the Illinois Police Training Act. Requires the Law
Enforcement Training Standards Board to publish a model statewide policy
and curriculum regarding the use of facial recognition technology and
other emerging technologies. In provisions concerning the decertification
of law enforcement officers, requires administrative law judges presiding
over decertification hearings to be trained in, among other things,
technological tools that law enforcement officers use in criminal
procedures. Amends the Code of Criminal Procedure of 1963. Provides that
results generated by facial recognition technology shall not serve as the
sole basis to establish probable cause for a warrant for arrest or a search
warrant. Effective immediately.
LRB104 19623 RTM 33072 b

A BILL FOR

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LRB104 19623 RTM 33072 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Facial
5
Recognition Technology in Law Enforcement Act.

6

Section 5.
Findings; purpose.
7
(a) The General Assembly finds that:
8

(1) national studies indicate that African American
9

and Asian faces were up to 100 times more likely to be
10

misidentified than white faces, and the highest
11

false-positive rate was among Native Americans;
12

(2) incorrect results from facial recognition
13

technology have led to false arrests across the nation;
14

(3) law enforcement agencies in Illinois currently
15

lack consistent statewide policies governing how facial
16

recognition technology may be used, audited, or challenged
17

by individuals who are misidentified;
18

(4) the use of facial recognition technology may
19

disproportionately impact communities that are already
20

subject to higher levels of police surveillance,
21

compounding existing racial and socioeconomic disparities;
22

(5) various states across the United States, such as
23

Maryland and Alabama, have placed limitations on facial

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recognition technology when used in criminal proceedings
2

by law enforcement agents or representing individuals; and
3

(6) law enforcement agencies may rely on private
4

vendors for facial recognition technology, whose
5

proprietary systems are not subject to public audit or
6

independent verification.
7

(b) The purpose of this Act is to:
8

(1) reduce the use of technology that may
9

disproportionately target minority populations;
10

(2) mandate a statewide policy to train officers in
11

the proper uses of facial recognition technology;
12

(3) protect constituents' rights to express their
13

constitutional rights freely and safely; and
14

(4) prevent false arrests of vulnerable populations.

15

Section 10.
Definitions.
As used in this Act:
16

"Facial recognition technology" means a system that
17
compares a probe image of an unidentified human face against a
18
reference photograph database and, based on biometric data,
19
generates possible matches to aid in identifying the person in
20
the probe image.
21

"Law enforcement agency" has the meaning given to that
22
term in the Illinois Police Training Act.
23

"Law enforcement officer" has the meaning given to that
24
term in the Illinois Police Training Act.

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Section 15.
Audit reporting.
2

(a) On or before January 1, 2027, and every 3 years
3
thereafter, a law enforcement agency that uses facial
4
recognition technology shall conduct a compliance audit
5
regarding the implementation of policies under this Act. The
6
results of the audit, including any documents, materials, or
7
data, shall be reported to the Illinois State Police and shall
8
be accessible if requested by:
9

(1) the Attorney General or the Attorney General's
10

designee;
11

(2) the Director of the Illinois State Police or the
12

Director's designee;
13

(3) a United States Attorney or the United States
14

Attorney's designee; or
15

(4) a State's Attorney of any county or the State's
16

Attorney's designee.
17

(b) On or before January 1, 2030, and every 5 years
18
thereafter, the Illinois State Police shall publish a report
19
that may contain recommendations for updates in local policies
20
regarding the use of facial recognition technology, overall
21
rates of implementation of policies outlined in this Act
22
throughout the State, and an assessment of the accuracy and
23
reliability of facial recognition technology as used by law
24
enforcement agencies in this State. The Illinois State Police
25
shall publish the report on its public website.
26

(c) The Illinois State Police may adopt rules to implement

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this Section.

2

Section 20.
Restrictions.
Facial recognition technology
3
shall not be used by law enforcement agencies or law
4
enforcement officers to analyze an image or recording of an
5
individual:
6

(1) engaged in activity that is protected under the
7

United States Constitution or the Illinois Constitution
8

unless there is reasonable suspicion that the individual
9

is actively committing a crime, is about to commit a
10

crime, or has already committed a crime;
11

(2) for the purpose of real or live-time
12

identification of an image or recording; or
13

(3) solely based on an individual's political or
14

social beliefs, the individual's engagement in lawful
15

activities, or the individual's race, color, religious
16

beliefs, sexual orientation, gender, disability, national
17

origin, or housing status.

18

Section 25.
Data management.
19

(a) A law enforcement agency that uses facial recognition
20
technology shall adopt and maintain a use and data management
21
policy.
22

(1) A law enforcement agency that develops a policy
23

under this subsection shall post a copy of the policy on
24

the law enforcement agency's public website.

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(2) A law enforcement agency that contracts for use of
2

a nongovernmental facial recognition system shall disclose
3

on its public website the name of the system and the names
4

and description of the databases searched.
5

(b) Enforcement of the policy under subsection (a) shall
6
be implemented by the Illinois State Police.

7

Section 900.
The Illinois Police Training Act is amended
8
by changing Sections 6 and 6.3 as follows:

9

(50 ILCS 705/6)

(from Ch. 85, par. 506)
10

Sec. 6.
Powers and duties of the Board; selection and
11
certification of schools.
The Board shall select and certify
12
schools within the State of Illinois for the purpose of
13
providing basic training for probationary law enforcement
14
officers, probationary county corrections officers, and court
15
security officers and of providing advanced or in-service
16
training for permanent law enforcement officers or permanent
17
county corrections officers, which schools may be either
18
publicly or privately owned and operated. In addition, the
19
Board has the following power and duties:
20

a. To require law enforcement agencies to furnish such
21

reports and information as the Board deems necessary to
22

fully implement this Act.
23

b. To establish appropriate mandatory minimum
24

standards relating to the training of probationary local

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law enforcement officers or probationary county
2

corrections officers, and in-service training of permanent
3

law enforcement officers.
4

c. To provide appropriate certification to those
5

probationary officers who successfully complete the
6

prescribed minimum standard basic training course.
7

d. To review and approve annual training curriculum
8

for county sheriffs.
9

e. To review and approve applicants to ensure that no
10

applicant is admitted to a certified academy unless the
11

applicant is a person of good character and has not been
12

convicted of, found guilty of, entered a plea of guilty
13

to, or entered a plea of nolo contendere to a felony
14

offense, any of the misdemeanors in Sections 11-1.50,
15

11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
16

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

26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
18

violation of any Section of Part E of Title III of the
19

Criminal Code of 1961 or the Criminal Code of 2012, or
20

subsection (a) of Section 17-32 of the Criminal Code of
21

1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
22

the Cannabis Control Act, or a crime involving moral
23

turpitude under the laws of this State or any other state
24

which if committed in this State would be punishable as a
25

felony or a crime of moral turpitude, or any felony or
26

misdemeanor in violation of federal law or the law of any

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state that is the equivalent of any of the offenses
2

specified therein. The Board may appoint investigators who
3

shall enforce the duties conferred upon the Board by this
4

Act.
5

For purposes of this paragraph e, a person is
6

considered to have been convicted of, found guilty of, or
7

entered a plea of guilty to, plea of nolo contendere to
8

regardless of whether the adjudication of guilt or
9

sentence is withheld or not entered thereon. This includes
10

sentences of supervision, conditional discharge, or first
11

offender probation, or any similar disposition provided
12

for by law.
13

f. To establish statewide standards for minimum
14

standards regarding regular mental health screenings for
15

probationary and permanent police officers, ensuring that
16

counseling sessions and screenings remain confidential.
17

g. To review and ensure all law enforcement officers
18

remain in compliance with this Act, and any administrative
19

rules adopted under this Act.
20

h. To suspend any certificate for a definite period,
21

limit or restrict any certificate, or revoke any
22

certificate.
23

i. The Board and the Panel shall have power to secure
24

by its subpoena and bring before it any person or entity in
25

this State and to take testimony either orally or by
26

deposition or both with the same fees and mileage and in

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the same manner as prescribed by law in judicial
2

proceedings in civil cases in circuit courts of this
3

State. The Board and the Panel shall also have the power to
4

subpoena the production of documents, papers, files,
5

books, documents, and records, whether in physical or
6

electronic form, in support of the charges and for
7

defense, and in connection with a hearing or
8

investigation.
9

j. The Executive Director, the administrative law
10

judge designated by the Executive Director, and each
11

member of the Board and the Panel shall have the power to
12

administer oaths to witnesses at any hearing that the
13

Board is authorized to conduct under this Act and any
14

other oaths required or authorized to be administered by
15

the Board under this Act.
16

k. In case of the neglect or refusal of any person to
17

obey a subpoena issued by the Board and the Panel, any
18

circuit court, upon application of the Board and the
19

Panel, through the Illinois Attorney General, may order
20

such person to appear before the Board and the Panel give
21

testimony or produce evidence, and any failure to obey
22

such order is punishable by the court as a contempt
23

thereof. This order may be served by personal delivery, by
24

email, or by mail to the address of record or email address
25

of record.
26

l. The Board shall have the power to administer state

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certification examinations. Any and all records related to
2

these examinations, including, but not limited to, test
3

questions, test formats, digital files, answer responses,
4

answer keys, and scoring information shall be exempt from
5

disclosure.
6

m. To make grants, subject to appropriation, to units
7

of local government and public institutions of higher
8

education for the purposes of hiring and retaining law
9

enforcement officers.
10

n. To make grants, subject to appropriation, to local
11

law enforcement agencies for costs associated with the
12

expansion and support of National Integrated Ballistic
13

Information Network (NIBIN) and other ballistic technology
14

equipment for ballistic testing.
15

o. To publish a model statewide policy and curriculum
16

regarding the use of facial recognition technology and
17

other emerging technologies for use in officer training
18

schools.

19
(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
20
102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)

21

(50 ILCS 705/6.3)
22

Sec. 6.3.
Discretionary decertification of full-time and
23
part-time law enforcement officers.
24

(a) Definitions. For purposes of this Section 6.3:
25

"Duty to intervene" means an obligation to intervene to

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prevent harm from occurring that arises when: an officer is
2
present, and has reason to know (1) that excessive force is
3
being used or that any constitutional violation has been
4
committed by a law enforcement official; and (2) the officer
5
has a realistic opportunity to intervene. This duty applies
6
equally to supervisory and nonsupervisory officers. If aid is
7
required, the officer shall not, when reasonable to administer
8
aid, knowingly and willingly refuse to render aid as defined
9
by State or federal law. An officer does not violate this duty
10
if the failure to render aid is due to circumstances such as
11
lack of appropriate specialized training, lack of resources or
12
equipment, or if it is unsafe or impracticable to render aid.
13

"Excessive use of force" means using force in violation of
14
State or federal law.
15

"False statement" means (1) any knowingly false statement
16
provided on a form or report, (2) that the writer does not
17
believe to be true, and (3) that the writer includes to mislead
18
a public servant in performing the public servant's official
19
functions.
20

"Perjury" means that as defined under Sections 32-2 and
21
32-3 of the Criminal Code of 2012.
22

"Tampers with or fabricates evidence" means if a law
23
enforcement officer (1) has reason to believe that an official
24
proceeding is pending or may be instituted, and (2) alters,
25
destroys, conceals, or removes any record, document, data,
26
video or thing to impair its validity or availability in the

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proceeding.
2

(b) Decertification conduct. The Board has the authority
3
to decertify a full-time or a part-time law enforcement
4
officer upon a determination by the Board that the law
5
enforcement officer has:
6

(1) committed an act that would constitute a felony or
7

misdemeanor which could serve as basis for automatic
8

decertification, whether or not the law enforcement
9

officer was criminally prosecuted, and whether or not the
10

law enforcement officer's employment was terminated;
11

(2) exercised excessive use of force;
12

(3) failed to comply with the officer's duty to
13

intervene, including through acts or omissions;
14

(4) tampered with a dash camera or body-worn camera or
15

data recorded by a dash camera or body-worn camera or
16

directed another to tamper with or turn off a dash camera
17

or body-worn camera or data recorded by a dash camera or
18

body-worn camera for the purpose of concealing, destroying
19

or altering potential evidence;
20

(5) engaged in the following conduct relating to the
21

reporting, investigation, or prosecution of a crime:
22

committed perjury, made a false statement, or knowingly
23

tampered with or fabricated evidence; and
24

(6) engaged in any unprofessional, unethical,
25

deceptive, or deleterious conduct or practice harmful to
26

the public; such conduct or practice need not have

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resulted in actual injury to any person. As used in this
2

paragraph, the term "unprofessional conduct" shall include
3

any departure from, or failure to conform to, the minimal
4

standards of acceptable and prevailing practice of an
5

officer.
6

(b-5) The Board has the authority to decertify a full-time
7
or part-time law enforcement officer notwithstanding whether a
8
law enforcement agency takes disciplinary action against a law
9
enforcement officer for the same underlying conduct as
10
outlined in subsection (b).
11

(c) Notice of Alleged Violation.
12

(1) The following individuals and agencies shall
13

notify the Board within 7 days of becoming aware of any
14

violation described in subsection (b):
15

(A) A law enforcement agency as defined in Section
16

2 or any law enforcement officer of this State. For
17

this subsection (c), law enforcement agency includes,
18

but is not limited to, a civilian review board, an
19

inspector general, and legal counsel for a law
20

enforcement agency.
21

(B) The Executive Director of the Board;
22

(C) A State's Attorney's Office of this State.
23

"Becoming aware" does not include confidential
24

communications between agency lawyers and agencies
25

regarding legal advice. For purposes of this subsection,
26

"law enforcement agency" does not include the Illinois

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Attorney General when providing legal representation to a
2

law enforcement officer under the State Employee
3

Indemnification Act.
4

(2) Any person may also notify the Board of any
5

conduct the person believes a law enforcement officer has
6

committed as described in subsection (b). Such
7

notifications may be made confidentially. Notwithstanding
8

any other provision in state law or any collective
9

bargaining agreement, the Board shall accept notice and
10

investigate any allegations from individuals who remain
11

confidential.
12

(3) Upon written request, the Board shall disclose to
13

the individual or entity who filed a notice of violation
14

the status of the Board's review.
15

(d) Form. The notice of violation reported under
16
subsection (c) shall be on a form prescribed by the Board in
17
its rules. The form shall be publicly available by paper and
18
electronic means. The form shall include fields for the
19
following information, at a minimum:
20

(1) the full name, address, and telephone number of
21

the person submitting the notice;
22

(2) if submitted under subsection (c)(1), the agency
23

name and title of the person submitting the notice;
24

(3) the full name, badge number, employing agency, and
25

physical description of the officer, if known;
26

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

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telephone number or numbers, and physical description or
2

descriptions of any witnesses, if known;
3

(5) a concise statement of facts that describe the
4

alleged violation and any copies of supporting evidence
5

including but not limited to any photographic, video, or
6

audio recordings of the incident;
7

(6) whether the person submitting the notice has
8

notified any other agency; and
9

(7) an option for an individual, who submits directly
10

to the Board, to consent to have the individual's identity
11

disclosed. The identity of any individual providing
12

information or reporting any possible or alleged violation
13

to the Board shall be kept confidential and may not be
14

disclosed without the consent of that individual, unless
15

the individual consents to disclosure of the individual's
16

name or disclosure of the individual's identity is
17

otherwise required by law. The confidentiality granted by
18

this subsection does not preclude the disclosure of the
19

identity of a person in any capacity other than as the
20

source of an allegation.
21

Nothing in this subsection (d) shall preclude the Board
22
from receiving, investigating, or acting upon allegations made
23
confidentially or in a format different from the form provided
24
for in this subsection.
25

(e) Preliminary review.
26

(1) The Board shall complete a preliminary review of

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the allegations to determine whether there is sufficient
2

information to warrant a further investigation of any
3

violations of the Act. Upon initiating a preliminary
4

review of the allegations, the Board shall notify the head
5

of the law enforcement agency that employs the law
6

enforcement officer who is the subject of the allegations.
7

At the request of the Board, the law enforcement agency
8

must submit any copies of investigative findings,
9

evidence, or documentation to the Board in accordance with
10

rules adopted by the Board to facilitate the Board's
11

preliminary review. The Board may correspond with the law
12

enforcement agency, official records clerks or any
13

investigative agencies in conducting its preliminary
14

review.
15

(2) During the preliminary review, the Board will take
16

all reasonable steps to discover any and all objective
17

verifiable evidence relevant to the alleged violation
18

through the identification, retention, review, and
19

analysis of all currently available evidence, including,
20

but not limited to: all time-sensitive evidence, audio and
21

video evidence, physical evidence, arrest reports,
22

photographic evidence, GPS records, computer data, lab
23

reports, medical documents, and witness interviews. All
24

reasonable steps will be taken to preserve relevant
25

evidence identified during the preliminary investigation.
26

(3) If after a preliminary review of the alleged

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violation or violations, the Board believes there is
2

sufficient information to warrant further investigation of
3

any violations of this Act, the alleged violation or
4

violations shall be assigned for investigation in
5

accordance with subsection (f).
6

(4) If after a review of the allegations, the Board
7

believes there is insufficient information supporting the
8

allegations to warrant further investigation, it may close
9

a notice. Notification of the Board's decision to close a
10

notice shall be sent to all relevant individuals,
11

agencies, and any entities that received notice of the
12

violation under subsection (c) within 30 days of the
13

notice being closed, except in cases where the notice is
14

submitted anonymously if the complainant is unknown.
15

(5) Except when the Board has received notice under
16

subparagraph (A) of paragraph (1) of subsection (c), no
17

later than 30 days after receiving notice, the Board shall
18

report any notice of violation it receives to the relevant
19

law enforcement agency, unless reporting the notice would
20

jeopardize any subsequent investigation. The Board shall
21

also record any notice of violation it receives to the
22

Officer Professional Conduct Database in accordance with
23

Section 9.2. The Board shall report to the appropriate
24

State's Attorney any alleged violations that contain
25

allegations, claims, or factual assertions that, if true,
26

would constitute a violation of Illinois law. The Board

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shall inform the law enforcement officer via certified
2

mail that it has received a notice of violation against
3

the law enforcement officer.
4

If the Board determines that due to the circumstances
5

and the nature of the allegation that it would not be
6

prudent to notify the law enforcement officer and the
7

officer's law enforcement agency unless and until the
8

filing of a Formal Complaint, the Board shall document in
9

the file the reason or reasons a notification was not
10

made.
11

(6) If the law enforcement officer is involved in a
12

criminal proceeding on the same subject as the notice of
13

violation, the Board is responsible for maintaining a
14

current status report including court dates, hearings,
15

pleas, adjudication status and sentencing. A State's
16

Attorney's Office must notify the Board of any criminal
17

charges filed against a law enforcement officer, and must
18

provide updates of significant developments to the Board
19

in a timely manner but no later than 30 days after such
20

developments.
21

(f) Investigations; requirements. Investigations are to be
22
assigned after a preliminary review, unless the investigations
23
were closed under paragraph (4) of subsection (e), as follows
24
in paragraphs (1), (2), and (3) of this subsection (f).
25

(1) A law enforcement agency that submits a notice of
26

violation to the Board under subparagraph (A) of paragraph

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1

(1) of subsection (c) shall be responsible for conducting
2

an investigation of the underlying allegations except
3

when: (i) the law enforcement agency refers the notice to
4

another law enforcement agency or the Board for
5

investigation and such other agency or the Board agrees to
6

conduct the investigation; (ii) an external, independent,
7

or civilian oversight agency conducts the investigation in
8

accordance with local ordinance or other applicable law;
9

or (iii) the Board has determined that it will conduct the
10

investigation based upon the facts and circumstances of
11

the alleged violation, including but not limited to,
12

investigations regarding the Chief or Sheriff of a law
13

enforcement agency, familial conflict of interests,
14

complaints involving a substantial portion of a law
15

enforcement agency, or complaints involving a policy of a
16

law enforcement agency. Any agency or entity conducting an
17

investigation under this paragraph (1) shall submit
18

quarterly reports to the Board regarding the progress of
19

the investigation. The quarterly report shall be reviewed
20

by the individual or individuals at the Board who
21

conducted the preliminary review, if available.
22

Any agency or entity conducting an investigation under
23

this paragraph (1) shall, within 7 days of completing an
24

investigation, deliver an Investigative Summary Report and
25

copies of any administrative evidence to the Board. If the
26

Board finds an investigation conducted under this

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1

paragraph (1) is incomplete, unsatisfactory, or deficient
2

in any way, the Board may direct the investigating entity
3

or agency to take any additional investigative steps
4

deemed necessary to thoroughly and satisfactorily complete
5

the investigation, or the Board may take any steps
6

necessary to complete the investigation. The investigating
7

entity or agency or, when necessary, the Board will then
8

amend and re-submit the Investigative Summary Report to
9

the Board for approval.
10

The Board shall submit a report to the investigating
11

entity disclosing the name, address, and telephone numbers
12

of persons who have knowledge of facts which are the
13

subject of the investigation and identifying the subject
14

matter of their knowledge.
15

(2) The Board shall investigate and complete an
16

Investigative Summary Report when a State's Attorney's
17

Office submits a notice of violation to the Board under
18

(c)(1)(C).
19

(3) When a person submits a notice to the Board under
20

paragraph (2) of subsection (c), The Board shall assign
21

the investigation to the law enforcement agency that
22

employs the law enforcement officer, except when: (i) the
23

law enforcement agency requests to refer the notice to
24

another law enforcement agency or the Board for
25

investigation and such other agency or the Board agrees to
26

conduct the investigation; (ii) an external, independent,

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1

or civilian oversight agency conducts the investigation in
2

accordance with local ordinance or other applicable law;
3

or (iii) the Board has determined that it will conduct the
4

investigation based upon the facts and circumstances of
5

the alleged violation, including but not limited to,
6

investigations regarding the Chief or Sheriff of a law
7

enforcement agency, familial conflict of interests,
8

complaints involving a substantial portion of a law
9

enforcement agency, or complaints involving a policy of a
10

law enforcement agency.
11

The investigating entity or agency shall submit
12

quarterly reports to the Board regarding the progress of
13

the investigation in a form to be determined by the Board.
14

The quarterly report shall be reviewed by the individual
15

at the Board who conducted the preliminary review, if
16

available.
17

The investigating entity or agency shall, within 7 days of
18

completing an investigation, deliver an Investigative
19

Summary Report and copies of any evidence to the Board. If
20

the Board finds an investigation conducted under this
21

subsection (f)(3) is incomplete, unsatisfactory, or
22

deficient in any way, the Board may direct the
23

investigating entity to take any additional investigative
24

steps deemed necessary to thoroughly and satisfactorily
25

complete the investigation, or the Board may take any
26

steps necessary to complete the investigation. The

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1

investigating entity or agency or, when necessary, the
2

Board will then amend and re-submit the Investigative
3

Summary Report to the Board for approval. The
4

investigating entity shall cooperate with and assist the
5

Board, as necessary, in any subsequent investigation.
6

(4) Concurrent Investigations. The Board may, at any
7

point, initiate a concurrent investigation under this
8

section. The original investigating entity shall timely
9

communicate, coordinate, and cooperate with the Board to
10

the fullest extent. The Board shall promulgate rules that
11

shall address, at a minimum, the sharing of information
12

and investigative means such as subpoenas and interviewing
13

witnesses.
14

(5) Investigative Summary Report. An Investigative
15

Summary Report shall contain, at a minimum, the
16

allegations and elements within each allegation followed
17

by the testimonial, documentary, or physical evidence that
18

is relevant to each such allegation or element listed and
19

discussed in association with it. All persons who have
20

been interviewed and listed in the Investigative Summary
21

Report will be identified as a complainant, witness,
22

person with specialized knowledge, or law enforcement
23

employee.
24

(6) Each law enforcement agency shall adopt a written
25

policy regarding the investigation of conduct under
26

subsection (a) that involves a law enforcement officer

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1

employed by that law enforcement agency. The written
2

policy adopted must include the following, at a minimum:
3

(a) Each law enforcement officer shall immediately
4

report any conduct under subsection (b) to the
5

appropriate supervising officer.
6

(b) The written policy under this Section shall be
7

available for inspection and copying under the Freedom
8

of Information Act, and not subject to any exemption
9

of that Act.
10

(7) Nothing in this Act shall prohibit a law
11

enforcement agency from conducting an investigation for
12

the purpose of internal discipline. However, any such
13

investigation shall be conducted in a manner that avoids
14

interference with, and preserves the integrity of, any
15

separate investigation by the Board being conducted.
16

(g) Formal complaints. Upon receipt of an Investigative
17
Summary Report, the Board shall review the Report and any
18
relevant evidence obtained and determine whether there is
19
reasonable basis to believe that the law enforcement officer
20
committed any conduct that would be deemed a violation of this
21
Act. If after reviewing the Report and any other relevant
22
evidence obtained, the Board determines that a reasonable
23
basis does exist, the Board shall file a formal complaint with
24
the Certification Review Panel.
25

(h) Formal Complaint Hearing.
26

(1) Upon issuance of a formal complaint, the Panel

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1

shall set the matter for an initial hearing in front of an
2

administrative law judge. At least 30 days before the date
3

set for an initial hearing, the Panel must, in writing,
4

notify the law enforcement officer subject to the
5

complaint of the following:
6

(i) the allegations against the law enforcement
7

officer, the time and place for the hearing, and
8

whether the law enforcement officer's certification
9

has been temporarily suspended under Section 8.3;
10

(ii) the right to file a written answer to the
11

complaint with the Panel within 30 days after service
12

of the notice;
13

(iii) if the law enforcement officer fails to
14

comply with the notice of the default order in
15

paragraph (2), the Panel shall enter a default order
16

against the law enforcement officer along with a
17

finding that the allegations in the complaint are
18

deemed admitted, and that the law enforcement
19

officer's certification may be revoked as a result;
20

and
21

(iv) the law enforcement officer may request an
22

informal conference to surrender the officer's
23

certification.
24

(2) The Board shall send the law enforcement officer
25

notice of the default order. The notice shall state that
26

the officer has 30 days to notify the Board in writing of

SB3564
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1

their desire to have the order vacated and to appear
2

before the Board. If the law enforcement officer does not
3

notify the Board within 30 days, the Board may set the
4

matter for hearing. If the matter is set for hearing, the
5

Board shall send the law enforcement officer the notice of
6

the date, time and location of the hearing. If the law
7

enforcement officer or counsel for the officer does
8

appear, at the Board's discretion, the hearing may proceed
9

or may be continued to a date and time agreed upon by all
10

parties. If on the date of the hearing, neither the law
11

enforcement officer nor counsel for the officer appears,
12

the Board may proceed with the hearing for default in
13

their absence.
14

(3) If the law enforcement officer fails to comply
15

with paragraph (2), all of the allegations contained in
16

the complaint shall be deemed admitted and the law
17

enforcement officer shall be decertified if, by a majority
18

vote of the panel, the conduct charged in the complaint is
19

found to constitute sufficient grounds for decertification
20

under this Act. Notice of the decertification decision may
21

be served by personal delivery, by mail, or, at the
22

discretion of the Board, by electronic means as adopted by
23

rule to the address or email address specified by the law
24

enforcement officer in the officer's last communication
25

with the Board. Notice shall also be provided to the law
26

enforcement officer's employing law enforcement agency.

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1

(4) The Board, at the request of the law enforcement
2

officer subject to the Formal Complaint, may suspend a
3

hearing on a Formal Complaint for no more than one year if
4

a concurrent criminal matter is pending. If the law
5

enforcement officer requests to have the hearing
6

suspended, the law enforcement officer's certification
7

shall be deemed inactive until the law enforcement
8

officer's Formal Complaint hearing concludes. The Board or
9

the law enforcement officer may request to have the
10

hearing suspended for up to 6 additional months for good
11

cause. This request may be renewed. For purposes of this
12

paragraph (4), "good cause" means an incident or
13

occurrence that is beyond the control of the requester and
14

that prevents the hearing from occurring, or holding the
15

hearing would impose an undue hardship or prejudice on the
16

requester.
17

(5) Surrender of certification or waiver. Upon the
18

Board's issuance of a complaint, and prior to hearing on
19

the matter, a law enforcement officer may choose to
20

surrender the officer's certification or waiver by
21

notifying the Board in writing of the officer's decision
22

to do so. Upon receipt of such notification from the law
23

enforcement officer, the Board shall immediately decertify
24

the officer, or revoke any waiver previously granted. In
25

the case of a surrender of certification or waiver, the
26

Board's proceeding shall terminate.

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1

(6) Appointment of administrative law judges. The
2

Board shall retain any attorney licensed to practice law
3

in the State of Illinois to serve as an administrative law
4

judge in any action involving a law enforcement officer
5

under this Act. The administrative law judge shall be
6

retained to a term of no greater than 4 years. If more than
7

one judge is retained, the terms shall be staggered. The
8

administrative law judge has full authority to conduct the
9

hearings.
10

Administrative law judges will receive initial and
11

annual training that is adequate in quality, quantity,
12

scope, and type, and will cover, at minimum the following
13

topics:
14

(i) constitutional and other relevant law on
15

police-community encounters, including the law on the
16

use of force and stops, searches, and arrests;
17

(ii) police tactics;
18

(iii) investigations of police conduct;
19

(iv) impartial policing;
20

(v) policing individuals in crisis;
21

(vi) Illinois police policies, procedures, and
22

disciplinary rules;
23

(vii) procedural justice;
and
24

(viii) community outreach
; and

.
25

(ix) technological tools that law enforcement
26

officers use in criminal procedures and the biases and

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1

possible inaccurate results generated by those tools.

2

The Board shall determine the content and extent of
3

the training within the scope provided for by this
4

subsection.
5

(7) Hearing. At the hearing, the administrative law
6

judge will hear the allegations alleged in the complaint.
7

The law enforcement officer, the counsel of the officer's
8

choosing, and the Board, or the officer's counsel, shall
9

be afforded the opportunity to present any pertinent
10

statements, testimony, evidence, and arguments. The law
11

enforcement officer shall be afforded the opportunity to
12

request that the Board compel the attendance of witnesses
13

and production of related documents. After the conclusion
14

of the hearing, the administrative law judge shall report
15

any findings of fact, conclusions of law, and recommended
16

disposition to the Panel. If the law enforcement officer
17

objects to any procedural or substantive legal portion of
18

the report, the officer may do so by written brief filed
19

with the Panel within 14 days after receipt of the report.
20

The Panel may grant reasonable extensions for good cause
21

shown or when mutually agreed upon by the parties.
22

No later than 28 days before the hearing, a party
23

shall disclose the following:
24

(i) The name and, if known, the address and
25

telephone number of each individual likely to have
26

information relevant to the hearing that the

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1

disclosing party may use to support its claims or
2

defenses. This includes, but is not limited to, any
3

name that has previously been held as confidential by
4

the Board.
5

(ii) A copy of any documents and videos that are in
6

the possession, custody, or control of the party, and
7

that the disclosing party may use to support its
8

claims or defenses.
9

(8) Certification Review Meeting. Upon receipt of the
10

administrative law judge's findings of fact, conclusions
11

of law, and recommended disposition, and any submitted
12

objections from the law enforcement officer, the Panel
13

shall call for a certification review meeting.
14

In such a meeting, the Panel may adjourn into a closed
15

conference for the purposes of deliberating on the
16

evidence presented during the hearing. In closed
17

conference, the Panel shall consider the hearing officer's
18

findings of fact, conclusions of law, and recommended
19

disposition and may deliberate on all evidence and
20

testimony received and may consider the weight and
21

credibility to be given to the evidence received. No new
22

or additional evidence may be presented to the Panel.
23

After concluding its deliberations, the Panel shall
24

convene in open session for its consideration of the
25

matter. If a simple majority of the Panel finds that no
26

allegations in the complaint supporting one or more

SB3564
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1

charges of misconduct are proven by clear and convincing
2

evidence, then the Panel shall recommend to the Board that
3

the complaint be dismissed. If a simple majority of the
4

Panel finds that the allegations in the complaint
5

supporting one or more charges of misconduct are proven by
6

clear and convincing evidence, then the Panel shall
7

recommend to the Board to decertify the officer. The Panel
8

shall prepare a summary report as soon as practicable
9

after the completion of the meeting including the
10

following: the hearing officer's findings of fact,
11

conclusions of law, recommended disposition, and the
12

Panel's order.
13

(9) Final action by the Board. After receiving the
14

Panel's recommendations and any objections by the law
15

enforcement officer, and after due consideration of the
16

Panel's recommendations, the Board, by majority vote,
17

shall issue a final decision to decertify the law
18

enforcement officer or take no action in regard to the law
19

enforcement officer. No new or additional evidence may be
20

presented to the Board. If the Board makes a final
21

decision contrary to the recommendations of the Panel, the
22

Board shall set forth in its final written decision the
23

specific written reasons for not following the Panel's
24

recommendations. A copy of the Board's final decision
25

shall be served upon the law enforcement officer by the
26

Board, either personally or as provided in this Act for

SB3564
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1

the service of a notice of hearing. A copy of the Board's
2

final decision also shall be delivered to the last
3

employing law enforcement agency, the complainant, and the
4

Panel.
5

(10) Reconsideration of the Board's Decision. Within
6

30 days after service of the Board's final decision, the
7

Panel or the law enforcement officer may file a written
8

motion for reconsideration with the Review Committee. The
9

motion for reconsideration shall specify the particular
10

grounds for reconsideration. The non-moving party may
11

respond to the motion for reconsideration. The Review
12

Committee shall only address the issues raised by the
13

parties.
14

The Review Committee may deny the motion for
15

reconsideration, or it may grant the motion in whole or in
16

part and issue a new final decision in the matter. The
17

Review Committee must notify the law enforcement officer
18

and their last employing law enforcement agency within 14
19

days of a denial and state the reasons for denial.
20

(i) This Section applies to conduct by a full-time or
21
part-time law enforcement officer in violation of subsection
22
(b) that occurred before, on, or after the effective date of
23
this amendatory Act of the 102nd General Assembly.
24

(j) Notwithstanding any provision of law to the contrary,
25
the changes made to this Section by this amendatory Act of the
26
102nd General Assembly and Public Act 101-652 take effect July

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1
1, 2022.
2
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

3

Section 905.
The Code of Criminal Procedure of 1963 is
4
amended by changing Section 108-3 and by adding Section
5
107-9.5 as follows:

6

(725 ILCS 5/107-9.5 new)
7

Sec. 107-9.5.
Facial recognition technology.
Results
8
generated by facial recognition technology shall not serve as
9
the sole basis to establish probable cause for a warrant of
10
arrest. Results generated by facial recognition technology may
11
be provided as additional material along with independently
12
gained evidence that itself provides probable cause for a
13
warrant of arrest.

14

(725 ILCS 5/108-3)

(from Ch. 38, par. 108-3)
15

Sec. 108-3.
Grounds for search warrant.
16

(a) Except as provided in subsection (b), upon the written
17
complaint of any person under oath or affirmation which states
18
facts sufficient to show probable cause and which particularly
19
describes the place or person, or both, to be searched and the
20
things to be seized, any judge may issue a search warrant for
21
the seizure of the following:

22

(1) Any instruments, articles or things designed or
23

intended for use or which are or have been used in the

SB3564
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1

commission of, or which may constitute evidence of, the
2

offense in connection with which the warrant is issued; or
3

contraband, the fruits of crime, or things otherwise
4

criminally possessed.

5

(2) Any person who has been kidnaped in violation of
6

the laws of this State, or who has been kidnaped in another
7

jurisdiction and is now concealed within this State, or
8

any human fetus or human corpse.
9

(b) When the things to be seized are the work product of,
10
or used in the ordinary course of business, and in the
11
possession, custody, or control of any person known to be
12
engaged in the gathering or dissemination of news for the
13
print or broadcast media, no judge may issue a search warrant
14
unless the requirements set forth in subsection (a) are
15
satisfied and there is probable cause to believe that:

16

(1) such person has committed or is committing a
17

criminal offense; or

18

(2) the things to be seized will be destroyed or
19

removed from the State if the search warrant is not
20

issued.
21

(c) Results generated by facial recognition technology
22
shall not serve as the sole basis to establish probable cause
23
for a search warrant. Results generated by facial recognition
24
technology may be provided as additional material along with
25
independently gained evidence that itself provides probable
26
cause for a search warrant.

SB3564
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LRB104 19623 RTM 33072 b
1
(Source: P.A. 89-377, eff. 8-18-95.)

2

Section 99.
Effective date.
This Act takes effect upon
3
becoming law.

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1

INDEX

2

Statutes amended in order of appearance

3

New Act
4

50 ILCS 705/6
from Ch. 85, par. 506
5

50 ILCS 705/6.3
6

725 ILCS 5/107-9.5 new
7

725 ILCS 5/108-3
from Ch. 38, par. 108-3

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