HB 3174

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Full Text of HB3174
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	HB3174 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3174
Introduced 2/18/2025, by Rep. Jennifer Gong-Gershowitz
SYNOPSIS AS INTRODUCED:
50 ILCS 705/9.2
55 ILCS 5/3-9005	  from Ch. 34, par. 3-9005
Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately.
LRB104 05065 RTM 15093 b
A BILL FOR
		HB3174		LRB104 05065 RTM 15093 b
1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 9.2 as follows:
6    (50 ILCS 705/9.2)
7    Sec. 9.2. Officer professional conduct database;
8transparency.
9    (a) All law enforcement agencies and the Illinois State
10Police shall notify the Board of any final determination of a
11willful violation of department, agency, or the Illinois State
12Police policy, official misconduct, or violation of law within
1310 days when:
14        (1) the determination leads to a suspension of at
15    least 10 days;
16        (2) any infraction that would trigger an official or
17    formal investigation under a law enforcement agency or the
18    Illinois State Police policy;
19        (3) there is an allegation of misconduct or regarding
20    truthfulness as to a material fact, bias, or integrity; or
21        (4) the officer resigns or retires during the course
22    of an investigation and the officer has been served notice
23    that the officer is under investigation.
		HB3174	- 2 -	LRB104 05065 RTM 15093 b
1    Agencies and the Illinois State Police may report to the
2Board any conduct they deem appropriate to disseminate to
3another law enforcement agency regarding a law enforcement
4officer.
5    The agency or the Illinois State Police shall report to
6the Board within 10 days of a final determination and final
7exhaustion of any administrative appeal, or the law
8enforcement officer's resignation or retirement, and shall
9provide information regarding the nature of the violation.
10This notification shall not necessarily trigger certification
11review.
12    A law enforcement agency and the Illinois State Police
13shall be immune from liability for a disclosure made as
14described in this subsection, unless the disclosure would
15constitute intentional misrepresentation or gross negligence.
16    (b) Within 14 days after receiving notification from a law
17enforcement agency or the Illinois State Police, the Board
18must notify the law enforcement officer of the report and the
19officer's right to provide a statement regarding the reported
20violation. The law enforcement officer shall have 14 days from
21receiving notice to provide a written objection contesting
22information included in the agency's report. The objection
23must be filed with the Board on a form prescribed by the Board
24and a copy must be served on the law enforcement agency. The
25objection shall remain in the database with the reported
26violation.
		HB3174	- 3 -	LRB104 05065 RTM 15093 b
1    (c) The Board shall maintain a database readily available
2to any chief administrative officer, or the officer's
3designee, of a law enforcement agency and the Illinois State
4Police that shall show for each law enforcement officer: (i)
5dates of certification, decertification, and inactive status;
6(ii) each sustained instance of departmental misconduct that
7lead to a suspension at least 10 days or any infraction that
8would trigger an official or formal investigation under the
9law enforcement agency policy, any allegation of misconduct
10regarding truthfulness as to a material fact, bias, or
11integrity, or any other reported violation, the nature of the
12violation, the reason for the final decision of discharge or
13dismissal, and any statement provided by the officer; (iii)
14date of separation from employment from any local or state law
15enforcement agency; (iv) the reason for separation from
16employment, including, but not limited to: whether the
17separation was based on misconduct or occurred while the law
18enforcement agency was conducting an investigation of the
19certified individual for a violation of an employing agency's
20rules, policy or procedure or other misconduct or improper
21action.
22        (1) This database shall also be accessible to the
23    State's Attorney of any county in this State and the
24    Attorney General for the purpose of complying with
25    obligations under Brady v. Maryland (373 U.S. 83) or
26    Giglio v. United States (405 U.S. 150). This database
		HB3174	- 4 -	LRB104 05065 RTM 15093 b
1    shall also be accessible to the chief administrative
2    officer of any law enforcement agency for the purposes of
3    hiring law enforcement officers. This database shall not
4    be accessible to anyone not listed in this subsection. The 
5    Board shall record in the database whether or not an 
6    officer has been reported by a State's Attorney as being 
7    uncredible for the presentation of testimony.
8        (2) Before a law enforcement agency may appoint a law
9    enforcement officer or a person seeking a certification as
10    a law enforcement officer in this State, the chief
11    administrative officer or designee must check the Officer
12    Professional Conduct Database, contact each person's
13    previous law enforcement employers, and document the
14    contact. This documentation must be available for review
15    by the Board for a minimum of five years after the law
16    enforcement officer's termination, retirement,
17    resignation or separation with that agency.
18        (3) The database, documents, materials, or other
19    information in the possession or control of the Board that
20    are obtained by or disclosed to the Board under this
21    subsection shall be confidential by law and privileged,
22    shall not be subject to subpoena, and shall not be subject
23    to discovery or admissible in evidence in any private
24    civil action when sought from the Board. However, the
25    Board is authorized to use such documents, materials, or
26    other information in furtherance of any regulatory or
		HB3174	- 5 -	LRB104 05065 RTM 15093 b
1    legal action brought as part of the Board's official
2    duties. The Board shall not disclose the database or make
3    such documents, materials, or other information it has
4    obtained or that has been disclosed to it to the public.
5    Neither the Board nor any person who received documents,
6    materials or other information shared under this
7    subsection shall be required to testify in any private
8    civil action concerning the database or any confidential
9    documents, materials, or information subject to this
10    subsection.
11    (d) The Board shall maintain a searchable database of law
12enforcement officers accessible to the public that shall
13include: (i) the law enforcement officer's employing agency;
14(ii) the date of the officer's initial certification and the
15officer's current certification status; and (iii) any
16sustained complaint of misconduct that resulted in
17decertification and the date thereof; provided, however, that
18information shall not be included in the database that would
19allow the public to ascertain the home address of an officer or
20another person; provided further, that information regarding
21an officer's or another person's family member shall not be
22included in the database. The Board shall make the database
23publicly available on its website.
24    (e) The Board shall maintain a searchable database of all
25completed investigations against law enforcement officers
26related to decertification. The database shall identify each
		HB3174	- 6 -	LRB104 05065 RTM 15093 b
1law enforcement officer by a confidential and anonymous number
2and include: (i) the law enforcement officer's employing
3agency; (ii) the date of the incident referenced in the
4complaint; (iii) the location of the incident; (iv) the race
5and ethnicity of each officer involved in the incident; (v)
6the age, gender, race and ethnicity of each person involved in
7the incident, if known; (vi) whether a person in the
8complaint, including a law enforcement officer, was injured,
9received emergency medical care, was hospitalized or died as a
10result of the incident; (vii) the law enforcement agency or
11other entity assigned to conduct an investigation of the
12incident; (viii) when the investigation was completed; (ix)
13whether the complaint was sustained; and (x) the type of
14misconduct investigated; provided, however, that the Board
15shall redact or withhold such information as necessary to
16prevent the disclosure of the identity of an officer. The
17Board shall make the database publicly available on its
18website.
19    (e-1) An investigation is complete when the investigation
20has either been terminated or the decertification action,
21including the administrative review process, has been
22completed, whichever is later.
23    (e-2) At any time, a law enforcement officer shall have
24access to the law enforcement officer's own records on file
25with the Board, as it pertains to the databases in this
26Section.
		HB3174	- 7 -	LRB104 05065 RTM 15093 b
1    (f) Annual report. The Board shall submit an annual report
2to the Governor, Attorney General, President and Minority
3Leader of the Senate, and the Speaker and Minority Leader of
4the House of Representatives on or before March 1, 2023, and
5every year thereafter indicating:
6        (1) the number of complaints received in the preceding
7    calendar year, including but not limited to the race,
8    gender, and type of discretionary decertification
9    complaints received;
10        (2) the number of investigations initiated in the
11    preceding calendar year since the date of the last report;
12        (3) the number of investigations concluded in the
13    preceding calendar year;
14        (4) the number of investigations pending as of the
15    last date of the preceding calendar year;
16        (5) the number of hearings held in the preceding
17    calendar year; and
18        (6) the number of officers decertified in the
19    preceding calendar year.
20    The annual report shall be publicly available on the
21website of the Board.
22    (g) Nothing in this Section shall exempt a law enforcement
23agency from which the Board has obtained data, documents,
24materials, or other information or that has disclosed data,
25documents, materials, or other information to the Board from
26disclosing public records in accordance with the Freedom of
		HB3174	- 8 -	LRB104 05065 RTM 15093 b
1Information Act.
2    (h) Notwithstanding any provision of law to the contrary,
3the changes made to this Section by this amendatory Act of the
4102nd General Assembly and Public Act 101-652 take effect July
51, 2022.
6(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
7    Section 10. The Counties Code is amended by changing
8Section 3-9005 as follows:
9    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
10    Sec. 3-9005. Powers and duties of State's Attorney.
11    (a) The duty of each State's Attorney shall be:
12        (1) To commence and prosecute all actions, suits,
13    indictments and prosecutions, civil and criminal, in the
14    circuit court for the county, in which the people of the
15    State or county may be concerned.
16        (2) To prosecute all forfeited bonds and
17    recognizances, and all actions and proceedings for the
18    recovery of debts, revenues, moneys, fines, penalties and
19    forfeitures accruing to the State or the county, or to any
20    school district or road district in the county; also, to
21    prosecute all suits in the county against railroad or
22    transportation companies, which may be prosecuted in the
23    name of the People of the State of Illinois.
24        (3) To commence and prosecute all actions and
		HB3174	- 9 -	LRB104 05065 RTM 15093 b
1    proceedings brought by any county officer in the county
2    officer's official capacity.
3        (4) To defend all actions and proceedings brought
4    against the county, or against any county or State
5    officer, in the county or State officer's official
6    capacity, within the county.
7        (5) To attend the examination of all persons brought
8    before any judge on habeas corpus, when the prosecution is
9    in the county.
10        (6) To attend before judges and prosecute charges of
11    felony or misdemeanor, for which the offender is required
12    to be recognized to appear before the circuit court, when
13    in the State's Attorney's power so to do.
14        (7) To give the State's Attorney's opinion, without
15    fee or reward, to any county officer in the county, upon
16    any question or law relating to any criminal or other
17    matter, in which the people or the county may be
18    concerned.
19        (8) To assist the Attorney General whenever it may be
20    necessary, and in cases of appeal from the county to the
21    Supreme Court, to which it is the duty of the Attorney
22    General to attend, the State's Attorney shall furnish the
23    Attorney General at least 10 days before such is due to be
24    filed, a manuscript of a proposed statement, brief and
25    argument to be printed and filed on behalf of the people,
26    prepared in accordance with the rules of the Supreme
		HB3174	- 10 -	LRB104 05065 RTM 15093 b
1    Court. However, if such brief, argument or other document
2    is due to be filed by law or order of court within this
3    10-day period, then the State's Attorney shall furnish
4    such as soon as may be reasonable.
5        (9) To pay all moneys received by the State's Attorney
6    in trust, without delay, to the officer who by law is
7    entitled to the custody thereof.
8        (10) To notify, by first class mail, complaining
9    witnesses of the ultimate disposition of the cases arising
10    from an indictment or an information.
11        (11) To perform such other and further duties as may,
12    from time to time, be enjoined on the State's Attorney by
13    law.
14        (12) To appear in all proceedings by collectors of
15    taxes against delinquent taxpayers for judgments to sell
16    real estate, and see that all the necessary preliminary
17    steps have been legally taken to make the judgment legal
18    and binding.
19        (13) To notify, by first-class mail, the State
20    Superintendent of Education, the applicable regional
21    superintendent of schools, and the superintendent of the
22    employing school district or the chief school
23    administrator of the employing nonpublic school, if any,
24    upon the conviction of any individual known to possess a
25    certificate or license issued pursuant to Article 21 or
26    21B, respectively, of the School Code of any offense set
		HB3174	- 11 -	LRB104 05065 RTM 15093 b
1    forth in Section 21B-80 of the School Code or any other
2    felony conviction, providing the name of the certificate
3    holder, the fact of the conviction, and the name and
4    location of the court where the conviction occurred. The
5    certificate holder must also be contemporaneously sent a
6    copy of the notice.
7        (14) To notify the Illinois Law Enforcement Training 
8    Standards Board of any officer found to be uncredible for 
9    the presentation of sworn testimony.
10    (b) The State's Attorney of each county shall have
11authority to appoint one or more special investigators to
12serve subpoenas and summonses, make return of process, and
13conduct investigations which assist the State's Attorney in
14the performance of the State's Attorney duties. In counties of
15the first and second class, the fees for service of subpoenas
16and summonses are allowed by this Section and shall be
17consistent with those set forth in Section 4-5001 of this Act,
18except when increased by county ordinance as provided for in
19Section 4-5001. In counties of the third class, the fees for
20service of subpoenas and summonses are allowed by this Section
21and shall be consistent with those set forth in Section
224-12001 of this Act. A special investigator shall not carry
23firearms except with permission of the State's Attorney and
24only while carrying appropriate identification indicating the
25special investigator's employment and in the performance of
26the special investigator's assigned duties.
		HB3174	- 12 -	LRB104 05065 RTM 15093 b
1    Subject to the qualifications set forth in this
2subsection, special investigators shall be peace officers and
3shall have all the powers possessed by investigators under the
4State's Attorneys Appellate Prosecutor's Act.
5    No special investigator employed by the State's Attorney
6shall have peace officer status or exercise police powers
7unless the special investigator successfully completes the
8basic police training course mandated and approved by the
9Illinois Law Enforcement Training Standards Board or such
10board waives the training requirement by reason of the special
11investigator's prior law enforcement experience or training or
12both. Any State's Attorney appointing a special investigator
13shall consult with all affected local police agencies, to the
14extent consistent with the public interest, if the special
15investigator is assigned to areas within that agency's
16jurisdiction.
17    Before a person is appointed as a special investigator,
18the person's fingerprints shall be taken and transmitted to
19the Department of State Police. The Department shall examine
20its records and submit to the State's Attorney of the county in
21which the investigator seeks appointment any conviction
22information concerning the person on file with the Department.
23No person shall be appointed as a special investigator if the
24person has been convicted of a felony or other offense
25involving moral turpitude. A special investigator shall be
26paid a salary and be reimbursed for actual expenses incurred
		HB3174	- 13 -	LRB104 05065 RTM 15093 b
1in performing the special investigator's assigned duties. The
2county board shall approve the salary and actual expenses and
3appropriate the salary and expenses in the manner prescribed
4by law or ordinance.
5    (c) The State's Attorney may request and receive from
6employers, labor unions, telephone companies, and utility
7companies location information concerning putative fathers and
8noncustodial parents for the purpose of establishing a child's
9paternity or establishing, enforcing, or modifying a child
10support obligation. In this subsection, "location information"
11means information about (i) the physical whereabouts of a
12putative father or noncustodial parent, (ii) the putative
13father or noncustodial parent's employer, or (iii) the salary,
14wages, and other compensation paid and the health insurance
15coverage provided to the putative father or noncustodial
16parent by the employer of the putative father or noncustodial
17parent or by a labor union of which the putative father or
18noncustodial parent is a member.
19    (d) (Blank).
20    (e) The State's Attorney shall have the authority to enter
21into a written agreement with the Department of Revenue for
22pursuit of civil liability under subsection (E) of Section
2317-1 of the Criminal Code of 2012 against persons who have
24issued to the Department checks or other orders in violation
25of the provisions of paragraph (1) of subsection (B) of
26Section 17-1 of the Criminal Code of 2012, with the Department
		HB3174	- 14 -	LRB104 05065 RTM 15093 b
1to retain the amount owing upon the dishonored check or order
2along with the dishonored check fee imposed under the Uniform
3Penalty and Interest Act, with the balance of damages, fees,
4and costs collected under subsection (E) of Section 17-1 of
5the Criminal Code of 2012 or under Section 17-1a of that Code
6to be retained by the State's Attorney. The agreement shall
7not affect the allocation of fines and costs imposed in any
8criminal prosecution.
9    (f) In a county with less than 2,000,000 inhabitants, and
10only upon receipt of a written request by the superintendent
11of the county Veterans Assistance Commission for the county in
12which the State's Attorney is located, the State's Attorney
13shall have the discretionary authority to render an opinion,
14without fee or reward, upon any question of law relating to a
15matter in which the county Veterans Assistance Commission may
16be concerned. The State's Attorney shall have the discretion
17to grant or decline such a request.
18(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.