HB 878 -- Peace Officer Training

Co-Sponsors:  Hosmer, Kissell

This bill makes several changes to Peace Officers Standards and
Training certification requirements.  The bill:

(1)  Adds definitions of the terms "bailiff," "certified reserve
officer," "noncertified reserve officer," and "primary
enforcement activities";

(2)  Allows a certified reserve officer to directly supervise a
noncertified reserve officer;

(3)  Allows a reserve officer to engage in nonprimary
enforcement activities without direct supervision of a certified
peace officer in first class counties with a charter government
and population over 900,000;

(4)  Establishes that a certified reserve officer employed by
state law enforcement agencies may not be required to train more
than 1,000 hours, and a certified reserve officer employed by
local law enforcement agencies may not be required to train more
than 600 hours;

(5)  Provides that the minimum hours of training for
certification do not apply to a certified reserve officer
certified prior to August 28, 1993;

(6)  Establishes a deadline of January 1, 2001, for a peace
officer employed by third class cities to have acquired 120
hours of training if required by the city or county;

(7)  Requires certification by the director before an appointed
or employed certified reserve officer is permitted to enforce
state and local criminal laws;

(8)  Establishes that a noncertified reserve officer has no
power of arrest without direct supervision of a certified peace
officer;

(9)  Requires an applicant to a certified law-enforcement
training center to submit fingerprints and authorization for a
criminal history background check, including FBI records.  The
cost of the criminal history check may be borne by the applicant;

(10)  Requires an applicant to financially contribute to and
satisfactorily complete a basic training course and an
examination at the certified law-enforcement training center;

(11)  Provides that certification for an inactive or an
unemployed peace or certified reserve officer will expire after
5 consecutive years and any training necessary to maintain
certification must be paid for by the peace or certified reserve
officer;

(12)  Requires the chief, sheriff, or chief executive officer of
a law enforcement agency to notify, within 30 days, the director
of Public Safety when a certified peace officer or reserve
officer is separated from employment, as defined by the bill,
and the reporting director will be immune from liability as long
as the information was submitted in good faith and without
malice.

(13)  Requires the notice, on a form provided by the director,
indicate in certain situations the reason for the separation;

(14)  Requires the director to determine if certification of an
officer, separated from employment should be suspended or
revoked for alleged violations of Section 590.135 (inspection of
training academies);

(15)  Requires the director to take action with regard to the
qualification of a peace officer or a certified reserve officer
or deny application to a certified training program in certain
situations, including when a peace officer, certified reserve
officer, or applicant has been found guilty, entered a guilty
plea, or plea of nolo contendere for criminal offenses
reasonably reacted to the function of a peace officer and
offenses prohibited by the bill; has engaged in certain conduct
indicating an inability to function as a peace officer; has
become unable to serve as a peace officer as a result of a
mental or physical condition, including substance abuse; or has
violated probation;

(16)  Allows the director to establish minimum requirements for
enrollment in a certified training program or academy;

(17)  Allows the department to issue an order of probation with
regard to a peace officer, a certified reserve officer, a
bailiff, or an applicant, which may be reviewed by the
Administrative Hearing Commission (AHC) upon the filing of a
written petition within 30 days of the effective date of the
order;

(18)  Allows the director to suspend or restrict a certified
officer whose conduct constitutes a clear and present danger
under certain circumstances;

(19)  Requires the department or AHC to serve a suspended or
restricted peace officer or certified reserve officer in person,
or by mail if necessary with the director's complaint, all sworn
testimony and affidavits, and the time and date of the
preliminary hearing;

(20)  Makes orders of restriction effective upon service of
certain required documents, and makes orders of suspension
effective upon entry of the preliminary order by the AHC;

(21)  Allows a peace officer or certified reserve officer who
has been issued a preliminary order of suspension to seek a stay
order from the circuit court of Cole County;

(22)  Requires the department to file the complaint with the
AHC, and the preliminary hearing to be set no later than 5 days
after the date of service of the complaint, which may by
continued by the peace officer's or certified reserve officer's
request, to take place no later than 45 days after the date of
service;

(23)  Requires the AHC to only consider evidence at the
preliminary hearing on the issue of whether the department's
order of suspension or restriction should be terminated or
modified, and to issue an immediately-effective preliminary
order within one hour of the hearing, which must be reduced to
writing within 5 business days;

(24)  Provides that unless either party timely requests a full
hearing on the merits within 60 days of the issuance of the
AHC's preliminary order, it becomes final and effective for 3
years unless terminated, modified, or dismissed by the AHC or
the department issues an order of discipline after the AHC's
decision;

(25)  Requires the AHC to set a date for full hearing and notify
the parties in writing of the time and place upon timely request;

(26)  Provides that the proceedings conducted are closed to the
public, and the order made public only when it is final;

(27)  Requires the department to have the burden of proof in the
proceedings;

(28)  Allows a department to apply for an injunction or
restraining order with regard to a peace officer or certified
reserve officer who is shown with substantial probability to be
a serious danger to the health, safety, or welfare to any state
resident;

(29)  Allows the director to administer oaths and issue
subpoenas, which can be enforced as a subpoena issued in a civil
case in the circuit court;

(30)  Provides that all records relating to a peace officer or a
certified reserve officer who is being investigated to determine
fitness to serve are discoverable and admissible into evidence,
and that no privilege exists between peace officers, certified
reserve officers, applicants, and records custodians allowing
records or testimony to be withheld;

(31)  Provides that those providing information to the
department when it is conducting an investigation as to a peace
officer, a certified reserve officer, or an applicant are immune
to civil suit for damages if the information is given in good
faith and without malice;

(32)  Requires surcharge funds collected in the processing of
criminal cases in excess of those allocated to pay for training
required of peace officers, certified reserve officers, and
county coroners and their deputies be used to pay for additional
training for peace officers or certified reserve officers or
other law enforcement personnel; and

(33)  Provides that Chapter 950 (Selection and Training of
Police Officers) does not apply to peace officers who are not
certified and are continually employed under certain
circumstances.