SB 3564

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Full Text of SB3564
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	SB3564 - 104th General Assembly
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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
		SB3564		LRB104 19623 RTM 33072 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Facial
5Recognition 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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1    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
17compares a probe image of an unidentified human face against a
18reference photograph database and, based on biometric data,
19generates possible matches to aid in identifying the person in
20the probe image.
21    "Law enforcement agency" has the meaning given to that
22term in the Illinois Police Training Act.
23    "Law enforcement officer" has the meaning given to that
24term in the Illinois Police Training Act.
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1    Section 15. Audit reporting.
2    (a) On or before January 1, 2027, and every 3 years
3thereafter, a law enforcement agency that uses facial
4recognition technology shall conduct a compliance audit
5regarding the implementation of policies under this Act. The
6results of the audit, including any documents, materials, or
7data, shall be reported to the Illinois State Police and shall
8be 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
18thereafter, the Illinois State Police shall publish a report
19that may contain recommendations for updates in local policies
20regarding the use of facial recognition technology, overall
21rates of implementation of policies outlined in this Act
22throughout the State, and an assessment of the accuracy and
23reliability of facial recognition technology as used by law
24enforcement agencies in this State. The Illinois State Police
25shall publish the report on its public website.
26    (c) The Illinois State Police may adopt rules to implement
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1this Section.
2    Section 20. Restrictions. Facial recognition technology
3shall not be used by law enforcement agencies or law
4enforcement officers to analyze an image or recording of an
5individual:
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
20technology shall adopt and maintain a use and data management
21policy.
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.
		SB3564	- 5 -	LRB104 19623 RTM 33072 b
1        (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
6be implemented by the Illinois State Police.
7    Section 900. The Illinois Police Training Act is amended
8by 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
11certification of schools. The Board shall select and certify
12schools within the State of Illinois for the purpose of
13providing basic training for probationary law enforcement
14officers, probationary county corrections officers, and court
15security officers and of providing advanced or in-service
16training for permanent law enforcement officers or permanent
17county corrections officers, which schools may be either
18publicly or privately owned and operated. In addition, the
19Board 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
		SB3564	- 6 -	LRB104 19623 RTM 33072 b
1    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
		SB3564	- 7 -	LRB104 19623 RTM 33072 b
1    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
		SB3564	- 8 -	LRB104 19623 RTM 33072 b
1    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
		SB3564	- 9 -	LRB104 19623 RTM 33072 b
1    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;
20102-1115, 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
23part-time law enforcement officers.
24    (a) Definitions. For purposes of this Section 6.3:
25    "Duty to intervene" means an obligation to intervene to
		SB3564	- 10 -	LRB104 19623 RTM 33072 b
1prevent harm from occurring that arises when: an officer is
2present, and has reason to know (1) that excessive force is
3being used or that any constitutional violation has been
4committed by a law enforcement official; and (2) the officer
5has a realistic opportunity to intervene. This duty applies
6equally to supervisory and nonsupervisory officers. If aid is
7required, the officer shall not, when reasonable to administer
8aid, knowingly and willingly refuse to render aid as defined
9by State or federal law. An officer does not violate this duty
10if the failure to render aid is due to circumstances such as
11lack of appropriate specialized training, lack of resources or
12equipment, or if it is unsafe or impracticable to render aid.
13    "Excessive use of force" means using force in violation of
14State or federal law.
15    "False statement" means (1) any knowingly false statement
16provided on a form or report, (2) that the writer does not
17believe to be true, and (3) that the writer includes to mislead
18a public servant in performing the public servant's official
19functions.
20    "Perjury" means that as defined under Sections 32-2 and
2132-3 of the Criminal Code of 2012.
22    "Tampers with or fabricates evidence" means if a law
23enforcement officer (1) has reason to believe that an official
24proceeding is pending or may be instituted, and (2) alters,
25destroys, conceals, or removes any record, document, data,
26video or thing to impair its validity or availability in the
		SB3564	- 11 -	LRB104 19623 RTM 33072 b
1proceeding.
2    (b) Decertification conduct. The Board has the authority
3to decertify a full-time or a part-time law enforcement
4officer upon a determination by the Board that the law
5enforcement 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
		SB3564	- 12 -	LRB104 19623 RTM 33072 b
1    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
7or part-time law enforcement officer notwithstanding whether a
8law enforcement agency takes disciplinary action against a law
9enforcement officer for the same underlying conduct as
10outlined 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
		SB3564	- 13 -	LRB104 19623 RTM 33072 b
1    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
16subsection (c) shall be on a form prescribed by the Board in
17its rules. The form shall be publicly available by paper and
18electronic means. The form shall include fields for the
19following 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,
		SB3564	- 14 -	LRB104 19623 RTM 33072 b
1    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
22from receiving, investigating, or acting upon allegations made
23confidentially or in a format different from the form provided
24for in this subsection.
25    (e) Preliminary review.
26        (1) The Board shall complete a preliminary review of
		SB3564	- 15 -	LRB104 19623 RTM 33072 b
1    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
		SB3564	- 16 -	LRB104 19623 RTM 33072 b
1    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
		SB3564	- 17 -	LRB104 19623 RTM 33072 b
1    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
22assigned after a preliminary review, unless the investigations
23were closed under paragraph (4) of subsection (e), as follows
24in 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
		SB3564	- 18 -	LRB104 19623 RTM 33072 b
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
		SB3564	- 19 -	LRB104 19623 RTM 33072 b
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,
		SB3564	- 20 -	LRB104 19623 RTM 33072 b
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
		SB3564	- 21 -	LRB104 19623 RTM 33072 b
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
		SB3564	- 22 -	LRB104 19623 RTM 33072 b
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
17Summary Report, the Board shall review the Report and any
18relevant evidence obtained and determine whether there is
19reasonable basis to believe that the law enforcement officer
20committed any conduct that would be deemed a violation of this
21Act. If after reviewing the Report and any other relevant
22evidence obtained, the Board determines that a reasonable
23basis does exist, the Board shall file a formal complaint with
24the Certification Review Panel.
25    (h) Formal Complaint Hearing.
26        (1) Upon issuance of a formal complaint, the Panel
		SB3564	- 23 -	LRB104 19623 RTM 33072 b
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	- 24 -	LRB104 19623 RTM 33072 b
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.
		SB3564	- 25 -	LRB104 19623 RTM 33072 b
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.
		SB3564	- 26 -	LRB104 19623 RTM 33072 b
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 
		SB3564	- 27 -	LRB104 19623 RTM 33072 b
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
		SB3564	- 28 -	LRB104 19623 RTM 33072 b
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	- 29 -	LRB104 19623 RTM 33072 b
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	- 30 -	LRB104 19623 RTM 33072 b
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
21part-time law enforcement officer in violation of subsection
22(b) that occurred before, on, or after the effective date of
23this amendatory Act of the 102nd General Assembly.
24    (j) Notwithstanding any provision of law to the contrary,
25the changes made to this Section by this amendatory Act of the
26102nd General Assembly and Public Act 101-652 take effect July
		SB3564	- 31 -	LRB104 19623 RTM 33072 b
11, 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
4amended by changing Section 108-3 and by adding Section
5107-9.5 as follows:
6    (725 ILCS 5/107-9.5 new)
7    Sec. 107-9.5. Facial recognition technology. Results 
8generated by facial recognition technology shall not serve as 
9the sole basis to establish probable cause for a warrant of 
10arrest. Results generated by facial recognition technology may 
11be provided as additional material along with independently 
12gained evidence that itself provides probable cause for a 
13warrant 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
17complaint of any person under oath or affirmation which states
18facts sufficient to show probable cause and which particularly
19describes the place or person, or both, to be searched and the
20things to be seized, any judge may issue a search warrant for
21the 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	- 32 -	LRB104 19623 RTM 33072 b
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,
10or used in the ordinary course of business, and in the
11possession, custody, or control of any person known to be
12engaged in the gathering or dissemination of news for the
13print or broadcast media, no judge may issue a search warrant
14unless the requirements set forth in subsection (a) are
15satisfied 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 
22shall not serve as the sole basis to establish probable cause 
23for a search warrant. Results generated by facial recognition 
24technology may be provided as additional material along with 
25independently gained evidence that itself provides probable 
26cause for a search warrant.
		SB3564	- 33 -	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
3becoming law.
		SB3564	- 34 -	LRB104 19623 RTM 33072 b
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