103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1768

 

Introduced 2/9/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-56 new
65 ILCS 5/3.1-15-5  from Ch. 24, par. 3.1-15-5
65 ILCS 5/3.1-15-11 new
65 ILCS 5/3.1-15-15  from Ch. 24, par. 3.1-15-15
65 ILCS 5/10-1-7  from Ch. 24, par. 10-1-7
65 ILCS 5/10-2.1-4  from Ch. 24, par. 10-2.1-4
65 ILCS 5/10-2.1-6  from Ch. 24, par. 10-2.1-6
65 ILCS 5/10-2.1-17  from Ch. 24, par. 10-2.1-17

    Amends the Illinois Municipal Code. Provides that the position of police chief shall be elected by the registered voters of each municipality with a police department starting at the 2024 general election. Provides that a police chief shall enter upon the duties of his or her office on the December 1 following his or her election, and, on December 1, 2024, the term of any appointed police chief expires. Establishes qualifications for police chiefs. Makes conforming changes. Amends the Election Code to make conforming changes. Effective immediately, except that the changes to the Civil Service In Cities Division and the Board Of Fire and Police Commissioners Division of the Illinois Municipal Code take effect on December 1, 2024.


LRB103 28448 AWJ 54828 b

 

 

A BILL FOR

 

SB1768LRB103 28448 AWJ 54828 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 Election Code is amended by adding Section
52A-56 as follows:
 
6    (10 ILCS 5/2A-56 new)
7    Sec. 2A-56. Police chief; time of election. The police
8chief of each municipality shall be elected at the general
9election in 2024 and at the general election every 4 years
10thereafter.
 
11    Section 10. The Illinois Municipal Code is amended by
12changing Sections 3.1-15-5, 3.1-15-15, 10-1-7, 10-2.1-4,
1310-2.1-6, and 10-2.1-17 and by adding Section 3.1-15-11 as
14follows:
 
15    (65 ILCS 5/3.1-15-5)  (from Ch. 24, par. 3.1-15-5)
16    Sec. 3.1-15-5. Officers to be elected. In all cities
17incorporated under this Code there shall be elected a mayor,
18alderpersons, a city clerk, and a city treasurer (except in
19the case of a city of 10,000 or fewer inhabitants that, by
20ordinance, allows for the appointment of a city treasurer by
21the mayor, subject to the advice and consent of the city

 

 

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1council), and a police chief. In all villages and incorporated
2towns, there shall be elected a president, trustees, and a
3clerk, and a police chief, except as otherwise provided in
4this Code. A police chief shall only be elected if the
5municipality has a police department.
6(Source: P.A. 102-15, eff. 6-17-21.)
 
7    (65 ILCS 5/3.1-15-11 new)
8    Sec. 3.1-15-11. Police chief.
9    (a) The position of police chief shall be elected by the
10registered voters of each municipality with a police
11department starting the 2024 general election. The police
12chief shall enter upon the duties of his or her office on the
13December 1 following his or her election. On December 1, 2024,
14the term of any appointed police chief expires.
15    (b) A person is not eligible to be elected or appointed to
16the office of police chief unless that person:
17        (1) is a United States citizen;
18        (2) has been a resident of the municipality for at
19    least one year;
20        (3) has not been convicted of a felony; and
21        (4) has a certificate attesting to his or her
22    successful completion of the Minimum Standards Basic Law
23    Enforcement Officers Training Course as prescribed by the
24    Illinois Law Enforcement Training Standards Board or a
25    substantially similar training program of another state or

 

 

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1    the federal government.
 
2    (65 ILCS 5/3.1-15-15)  (from Ch. 24, par. 3.1-15-15)
3    Sec. 3.1-15-15. Holding other offices. A mayor, president,
4alderperson, trustee, clerk, or treasurer, or police chief
5shall not hold any other office under the municipal government
6during the term of that office, except when the officer is
7granted a leave of absence from that office or except as
8otherwise provided in Sections 3.1-10-50, 3.1-35-135, and
98-2-9.1. Moreover, an officer may serve as a volunteer fireman
10and receive compensation for that service.
11(Source: P.A. 102-15, eff. 6-17-21.)
 
12    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
13    Sec. 10-1-7. Examination of applicants; disqualifications.
14    (a) All applicants for offices or places in the classified
15service, except those mentioned in Section 10-1-17, are
16subject to examination. The examination shall be public,
17competitive, and open to all citizens of the United States,
18with specified limitations as to residence, age, health,
19habits and moral character.
20    (b) Residency requirements in effect at the time an
21individual enters the fire or police service of a municipality
22(other than a municipality that has more than 1,000,000
23inhabitants) cannot be made more restrictive for that
24individual during his or her period of service for that

 

 

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1municipality, or be made a condition of promotion, except for
2the rank or position of Fire or Police Chief.
3    (c) No person with a record of misdemeanor convictions
4except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
511-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
614-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
731-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
8(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
9(6), and (8) of subsection (a) of Section 24-1 of the Criminal
10Code of 1961 or the Criminal Code of 2012 or arrested for any
11cause but not convicted on that cause shall be disqualified
12from taking the examination on grounds of habits or moral
13character, unless the person is attempting to qualify for a
14position on the police department, in which case the
15conviction or arrest may be considered as a factor in
16determining the person's habits or moral character.
17    (d) Persons entitled to military preference under Section
1810-1-16 shall not be subject to limitations specifying age
19unless they are applicants for a position as a fireman or a
20policeman having no previous employment status as a fireman or
21policeman in the regularly constituted fire or police
22department of the municipality, in which case they must not
23have attained their 35th birthday, except any person who has
24served as an auxiliary police officer under Section 3.1-30-20
25for at least 5 years and is under 40 years of age.
26    (e) All employees of a municipality of less than 500,000

 

 

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1population (except those who would be excluded from the
2classified service as provided in this Division 1) who are
3holding that employment as of the date a municipality adopts
4this Division 1, or as of July 17, 1959, whichever date is the
5later, and who have held that employment for at least 2 years
6immediately before that later date, and all firemen and
7policemen regardless of length of service who were either
8appointed to their respective positions by the board of fire
9and police commissioners under the provisions of Division 2 of
10this Article or who are serving in a position (except as a
11temporary employee) in the fire or police department in the
12municipality on the date a municipality adopts this Division
131, or as of July 17, 1959, whichever date is the later, shall
14become members of the classified civil service of the
15municipality without examination.
16    (f) The examinations shall be practical in their
17character, and shall relate to those matters that will fairly
18test the relative capacity of the persons examined to
19discharge the duties of the positions to which they seek to be
20appointed. The examinations shall include tests of physical
21qualifications, health, and (when appropriate) manual skill.
22If an applicant is unable to pass the physical examination
23solely as the result of an injury received by the applicant as
24the result of the performance of an act of duty while working
25as a temporary employee in the position for which he or she is
26being examined, however, the physical examination shall be

 

 

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1waived and the applicant shall be considered to have passed
2the examination. No questions in any examination shall relate
3to political or religious opinions or affiliations. Results of
4examinations and the eligible registers prepared from the
5results shall be published by the commission within 60 days
6after any examinations are held.
7    (g) The commission shall control all examinations, and
8may, whenever an examination is to take place, designate a
9suitable number of persons, either in or not in the official
10service of the municipality, to be examiners. The examiners
11shall conduct the examinations as directed by the commission
12and shall make a return or report of the examinations to the
13commission. If the appointed examiners are in the official
14service of the municipality, the examiners shall not receive
15extra compensation for conducting the examinations unless the
16examiners are subject to a collective bargaining agreement
17with the municipality. The commission may at any time
18substitute any other person, whether or not in the service of
19the municipality, in the place of any one selected as an
20examiner. The commission members may themselves at any time
21act as examiners without appointing examiners. The examiners
22at any examination shall not all be members of the same
23political party.
24    (h) In municipalities of 500,000 or more population, no
25person who has attained his or her 35th birthday shall be
26eligible to take an examination for a position as a fireman or

 

 

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1a policeman unless the person has had previous employment
2status as a policeman or fireman in the regularly constituted
3police or fire department of the municipality, except as
4provided in this Section.
5    (i) In municipalities of more than 5,000 but not more than
6200,000 inhabitants, no person who has attained his or her
735th birthday shall be eligible to take an examination for a
8position as a fireman or a policeman unless the person has had
9previous employment status as a policeman or fireman in the
10regularly constituted police or fire department of the
11municipality, except as provided in this Section.
12    (j) In all municipalities, applicants who are 20 years of
13age and who have successfully completed 2 years of law
14enforcement studies at an accredited college or university may
15be considered for appointment to active duty with the police
16department. An applicant described in this subsection (j) who
17is appointed to active duty shall not have power of arrest, nor
18shall the applicant be permitted to carry firearms, until he
19or she reaches 21 years of age.
20    (k) In municipalities of more than 500,000 population,
21applications for examination for and appointment to positions
22as firefighters or police shall be made available at various
23branches of the public library of the municipality.
24    (l) No municipality having a population less than
251,000,000 shall require that any fireman appointed to the
26lowest rank serve a probationary employment period of longer

 

 

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1than one year. The limitation on periods of probationary
2employment provided in Public Act 86-990 is an exclusive power
3and function of the State. Pursuant to subsection (h) of
4Section 6 of Article VII of the Illinois Constitution, a home
5rule municipality having a population less than 1,000,000 must
6comply with this limitation on periods of probationary
7employment, which is a denial and limitation of home rule
8powers. Notwithstanding anything to the contrary in this
9Section, the probationary employment period limitation may be
10extended for a firefighter who is required, as a condition of
11employment, to be a licensed paramedic, during which time the
12sole reason that a firefighter may be discharged without a
13hearing is for failing to meet the requirements for paramedic
14licensure.
15    (m) To the extent that this Section or any other Section in
16this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
17then Section 10-1-7.1 or 10-1-7.2 shall control.
18(Source: P.A. 102-813, eff. 5-13-22.)
 
19    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
20    Sec. 10-2.1-4. Fire and police departments; appointment of
21members; certificates of appointments. The board of fire and
22police commissioners shall appoint all officers and members of
23the fire and police departments of the municipality, including
24the chief of police and the chief of the fire department,
25unless the council or board of trustees shall by ordinance as

 

 

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1to them otherwise provide; except as otherwise provided in
2this Section, and except that in any municipality which adopts
3or has adopted this Division 2.1 and also adopts or has adopted
4Article 5 of this Code, the chief of police and the chief of
5the fire department shall be appointed by the municipal
6manager, if it is provided by ordinance in such municipality
7that the chief such chiefs, or either of them, shall not be
8appointed by the board of fire and police commissioners.
9    If the chief of the fire department is or the chief of the
10police department or both of them are appointed in the manner
11provided by ordinance, the chief they may be removed or
12discharged by the appointing authority. In such case the
13appointing authority shall file with the corporate authorities
14the reasons for such removal or discharge, which removal or
15discharge shall not become effective unless confirmed by a
16majority vote of the corporate authorities.
17    After January 1, 2019 (the effective date of Public Act
18100-1126), a person shall not be appointed as the chief, the
19acting chief, the department head, or a position, by whatever
20title, that is responsible for day-to-day operations of a fire
21department for greater than 180 days unless he or she
22possesses the following qualifications and certifications:
23        (1) Office of the State Fire Marshal Basic Operations
24    Firefighter Certification or Office of the State Fire
25    Marshal Firefighter II Certification; Office of the State
26    Fire Marshal Advanced Fire Officer Certification or Office

 

 

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1    of the State Fire Marshal Fire Officer II Certification;
2    and an associate degree in fire science or a bachelor's
3    degree from an accredited university or college;
4        (2) a current certification from the International
5    Fire Service Accreditation Congress or Pro Board Fire
6    Service Professional Qualifications System that meets the
7    National Fire Protection Association standard NFPA 1001,
8    Standard for Fire Fighter Professional Qualifications,
9    Level I job performance requirements; a current
10    certification from the International Fire Service
11    Accreditation Congress or Pro Board Fire Service
12    Professional Qualifications System that meets the National
13    Fire Protection Association standard NFPA 1021, Standard
14    for Fire Officer Professional Qualifications, Fire Officer
15    II job performance requirements; and an associate degree
16    in fire science or a bachelor's degree from an accredited
17    university or college;
18        (3) qualifications that meet the National Fire
19    Protection Association standard NFPA 1001, Standard for
20    Fire Fighter Professional Qualifications, Level I job
21    performance requirements; qualifications that meet the
22    National Fire Protection Association standard NFPA 1021,
23    Standard for Fire Officer Professional Qualifications,
24    Fire Officer II job performance requirements; and an
25    associate degree in fire science or a bachelor's degree
26    from an accredited university or college; or

 

 

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1        (4) a minimum of 10 years' experience as a firefighter
2    at the fire department in the jurisdiction making the
3    appointment.
4This paragraph applies to fire departments that employ
5firefighters hired under the provisions of this Division. On
6and after January 1, 2019 (the effective date of Public Act
7100-1126), a home rule municipality may not appoint a fire
8chief, an acting chief, a department head, or a position, by
9whatever title, that is responsible for day-to-day operations
10of a fire department for greater than 180 days in a manner
11inconsistent with this paragraph. This paragraph is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
15    If a member of the department is elected appointed chief
16of police or appointed chief of the fire department prior to
17being eligible to retire on pension, he shall be considered as
18on furlough from the rank he held immediately prior to his
19appointment as chief. If he resigns as chief or is discharged
20as chief prior to attaining eligibility to retire on pension,
21he shall revert to and be established in whatever rank he
22currently holds, except for previously appointed positions,
23and thereafter be entitled to all the benefits and emoluments
24of that rank, without regard as to whether a vacancy then
25exists in that rank.
26    All appointments to each department other than that of the

 

 

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1lowest rank, however, shall be from the rank next below that to
2which the appointment is made except as otherwise provided in
3this Section, and except that the chief of police and the chief
4of the fire department may be appointed from among members of
5the fire department police and fire departments, respectively,
6regardless of rank, unless the council or board of trustees
7shall have by ordinance as to them otherwise provided. A chief
8of police or the chief of the fire department, having been
9appointed from among members of the police or fire department,
10respectively, shall be permitted, regardless of rank, to take
11promotional exams and be promoted to a higher classified rank
12than he currently holds, without having to resign as chief of
13police or chief of the fire department.
14    The sole authority to issue certificates of appointment
15shall be vested in the Board of Fire and Police Commissioners
16and all certificates of appointments issued to any officer or
17member of the fire or police department of a municipality
18shall be signed by the chairman and secretary respectively of
19the board of fire and police commissioners of such
20municipality, upon appointment of such officer or member of
21the fire and police department of such municipality by action
22of the board of fire and police commissioners. After being
23selected from the register of eligibles to fill a vacancy in
24the affected department, each appointee shall be presented
25with his or her certificate of appointment on the day on which
26he or she is sworn in as a classified member of the affected

 

 

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1department. Firefighters who were not issued a certificate of
2appointment when originally appointed shall be provided with a
3certificate within 10 days after making a written request to
4the chairperson of the Board of Fire and Police Commissioners.
5In any municipal fire department that employs full-time
6firefighters and is subject to a collective bargaining
7agreement, a person who has not qualified for regular
8appointment under the provisions of this Division 2.1 shall
9not be used as a temporary or permanent substitute for
10classified members of a municipality's fire department or for
11regular appointment as a classified member of a municipality's
12fire department unless mutually agreed to by the employee's
13certified bargaining agent. Such agreement shall be considered
14a permissive subject of bargaining. Municipal fire departments
15covered by the changes made by Public Act 95-490 that are using
16non-certificated employees as substitutes immediately prior to
17June 1, 2008 (the effective date of Public Act 95-490) may, by
18mutual agreement with the certified bargaining agent, continue
19the existing practice or a modified practice and that
20agreement shall be considered a permissive subject of
21bargaining. A home rule unit may not regulate the hiring of
22temporary or substitute members of the municipality's fire
23department in a manner that is inconsistent with this Section.
24This Section is a limitation under subsection (i) of Section 6
25of Article VII of the Illinois Constitution on the concurrent
26exercise by home rule units of powers and functions exercised

 

 

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1by the State.
2    The term "policemen" as used in this Division does not
3include auxiliary police officers except as provided for in
4Section 10-2.1-6.
5    Any full-time member of a regular fire or police
6department of any municipality which comes under the
7provisions of this Division or adopts this Division 2.1 or
8which has adopted any of the prior Acts pertaining to fire and
9police commissioners, is a city officer.
10    Notwithstanding any other provision of this Section, the
11Chief of Police of a department in a non-home rule
12municipality of more than 130,000 inhabitants may, without the
13advice or consent of the Board of Fire and Police
14Commissioners, appoint up to 6 officers who shall be known as
15deputy chiefs or assistant deputy chiefs, and whose rank shall
16be immediately below that of Chief. The deputy or assistant
17deputy chiefs may be appointed from any rank of sworn officers
18of that municipality, but no person who is not such a sworn
19officer may be so appointed. Such deputy chief or assistant
20deputy chief shall have the authority to direct and issue
21orders to all employees of the Department holding the rank of
22captain or any lower rank. A deputy chief of police or
23assistant deputy chief of police, having been appointed from
24any rank of sworn officers of that municipality, shall be
25permitted, regardless of rank, to take promotional exams and
26be promoted to a higher classified rank than he currently

 

 

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1holds, without having to resign as deputy chief of police or
2assistant deputy chief of police.
3    Notwithstanding any other provision of this Section, a
4non-home rule municipality of 130,000 or fewer inhabitants,
5through its council or board of trustees, may, by ordinance,
6provide for a position of deputy chief to be appointed by the
7chief of the police department. The ordinance shall provide
8for no more than one deputy chief position if the police
9department has fewer than 25 full-time police officers and for
10no more than 2 deputy chief positions if the police department
11has 25 or more full-time police officers. The deputy chief
12position shall be an exempt rank immediately below that of
13Chief. The deputy chief may be appointed from any rank of
14sworn, full-time officers of the municipality's police
15department, but must have at least 5 years of full-time
16service as a police officer in that department. A deputy chief
17shall serve at the discretion of the Chief and, if removed from
18the position, shall revert to the rank currently held, without
19regard as to whether a vacancy exists in that rank. A deputy
20chief of police, having been appointed from any rank of sworn
21full-time officers of that municipality's police department,
22shall be permitted, regardless of rank, to take promotional
23exams and be promoted to a higher classified rank than he
24currently holds, without having to resign as deputy chief of
25police.
26    No municipality having a population less than 1,000,000

 

 

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1shall require that any firefighter appointed to the lowest
2rank serve a probationary employment period of longer than one
3year. The limitation on periods of probationary employment
4provided in Public Act 86-990 is an exclusive power and
5function of the State. Pursuant to subsection (h) of Section 6
6of Article VII of the Illinois Constitution, a home rule
7municipality having a population less than 1,000,000 must
8comply with this limitation on periods of probationary
9employment, which is a denial and limitation of home rule
10powers. Notwithstanding anything to the contrary in this
11Section, the probationary employment period limitation may be
12extended for a firefighter who is required, as a condition of
13employment, to be a licensed paramedic, during which time the
14sole reason that a firefighter may be discharged without a
15hearing is for failing to meet the requirements for paramedic
16licensure.
17    To the extent that this Section or any other Section in
18this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
19then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
20(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
21100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff.
227-12-19.)
 
23    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
24    Sec. 10-2.1-6. Examination of applicants;
25disqualifications.

 

 

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1    (a) All applicants for a position in either the fire or
2police department of the municipality shall be under 35 years
3of age, shall be subject to an examination that shall be
4public, competitive, and open to all applicants (unless the
5council or board of trustees by ordinance limit applicants to
6electors of the municipality, county, state or nation) and
7shall be subject to reasonable limitations as to residence,
8health, habits, and moral character. The municipality may not
9charge or collect any fee from an applicant who has met all
10prequalification standards established by the municipality for
11any such position. With respect to a police department, a
12veteran shall be allowed to exceed the maximum age provision
13of this Section by the number of years served on active
14military duty, but by no more than 10 years of active military
15duty.
16    (b) Residency requirements in effect at the time an
17individual enters the fire or police service of a municipality
18(other than a municipality that has more than 1,000,000
19inhabitants) cannot be made more restrictive for that
20individual during his period of service for that municipality,
21or be made a condition of promotion, except for the rank or
22position of Fire or Police Chief.
23    (c) No person with a record of misdemeanor convictions
24except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
2511-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
2614-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,

 

 

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131-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
2(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
3(6), and (8) of subsection (a) of Section 24-1 of the Criminal
4Code of 1961 or the Criminal Code of 2012, or arrested for any
5cause but not convicted on that cause shall be disqualified
6from taking the examination to qualify for a position in the
7fire department on grounds of habits or moral character.
8    (d) The age limitation in subsection (a) does not apply
9(i) to any person previously employed as a policeman or
10fireman in a regularly constituted police or fire department
11of (I) any municipality, regardless of whether the
12municipality is located in Illinois or in another state, or
13(II) a fire protection district whose obligations were assumed
14by a municipality under Section 21 of the Fire Protection
15District Act, (ii) to any person who has served a municipality
16as a regularly enrolled volunteer fireman for 5 years
17immediately preceding the time that municipality begins to use
18full time firemen to provide all or part of its fire protection
19service, or (iii) to any person who has served as an auxiliary
20police officer under Section 3.1-30-20 for at least 5 years
21and is under 40 years of age, (iv) to any person who has served
22as a deputy under Section 3-6008 of the Counties Code and
23otherwise meets necessary training requirements, or (v) to any
24person who has served as a sworn officer as a member of the
25Illinois State Police.
26    (e) Applicants who are 20 years of age and who have

 

 

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1successfully completed 2 years of law enforcement studies at
2an accredited college or university may be considered for
3appointment to active duty with the police department. An
4applicant described in this subsection (e) who is appointed to
5active duty shall not have power of arrest, nor shall the
6applicant be permitted to carry firearms, until he or she
7reaches 21 years of age.
8    (f) Applicants who are 18 years of age and who have
9successfully completed 2 years of study in fire techniques,
10amounting to a total of 4 high school credits, within the cadet
11program of a municipality may be considered for appointment to
12active duty with the fire department of any municipality.
13    (g) The council or board of trustees may by ordinance
14provide that persons residing outside the municipality are
15eligible to take the examination.
16    (h) The examinations shall be practical in character and
17relate to those matters that will fairly test the capacity of
18the persons examined to discharge the duties of the positions
19to which they seek appointment. No person shall be appointed
20to the police or fire department if he or she does not possess
21a high school diploma or an equivalent high school education.
22A board of fire and police commissioners may, by its rules,
23require police applicants to have obtained an associate's
24degree or a bachelor's degree as a prerequisite for
25employment. The examinations shall include tests of physical
26qualifications and health. A board of fire and police

 

 

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1commissioners may, by its rules, waive portions of the
2required examination for police applicants who have previously
3been full-time sworn officers of a regular police department
4in any municipal, county, university, or State law enforcement
5agency, provided they are certified by the Illinois Law
6Enforcement Training Standards Board and have been with their
7respective law enforcement agency within the State for at
8least 2 years. No person shall be appointed to the police or
9fire department if he or she has suffered the amputation of any
10limb unless the applicant's duties will be only clerical or as
11a radio operator. No applicant shall be examined concerning
12his or her political or religious opinions or affiliations.
13The examinations shall be conducted by the board of fire and
14police commissioners of the municipality as provided in this
15Division 2.1.
16    The requirement that a police applicant possess an
17associate's degree under this subsection may be waived if one
18or more of the following applies: (1) the applicant has served
19for 24 months of honorable active duty in the United States
20Armed Forces and has not been discharged dishonorably or under
21circumstances other than honorable; (2) the applicant has
22served for 180 days of active duty in the United States Armed
23Forces in combat duty recognized by the Department of Defense
24and has not been discharged dishonorably or under
25circumstances other than honorable; or (3) the applicant has
26successfully received credit for a minimum of 60 credit hours

 

 

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1toward a bachelor's degree from an accredited college or
2university.
3    The requirement that a police applicant possess a
4bachelor's degree under this subsection may be waived if one
5or more of the following applies: (1) the applicant has served
6for 36 months of honorable active duty in the United States
7Armed Forces and has not been discharged dishonorably or under
8circumstances other than honorable or (2) the applicant has
9served for 180 days of active duty in the United States Armed
10Forces in combat duty recognized by the Department of Defense
11and has not been discharged dishonorably or under
12circumstances other than honorable.
13    (i) No person who is classified by his local selective
14service draft board as a conscientious objector, or who has
15ever been so classified, may be appointed to the police
16department.
17    (j) No person shall be appointed to the police or fire
18department unless he or she is a person of good character and
19not an habitual drunkard, gambler, or a person who has been
20convicted of a felony or a crime involving moral turpitude. No
21person, however, shall be disqualified from appointment to the
22fire department because of his or her record of misdemeanor
23convictions except those under Sections 11-1.50, 11-6, 11-7,
2411-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
2512-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
2631-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,

 

 

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1subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
2paragraphs (1), (6), and (8) of subsection (a) of Section 24-1
3of the Criminal Code of 1961 or the Criminal Code of 2012, or
4arrest for any cause without conviction on that cause. Any
5such person who is in the department may be removed on charges
6brought and after a trial as provided in this Division 2.1.
7(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
8    (65 ILCS 5/10-2.1-17)  (from Ch. 24, par. 10-2.1-17)
9    Sec. 10-2.1-17. Removal or discharge; investigation of
10charges; retirement. Except as hereinafter provided, no
11officer or member of the fire or police department of any
12municipality subject to this Division 2.1 shall be removed or
13discharged except for cause, upon written charges, and after
14an opportunity to be heard in his own defense. The hearing
15shall be as hereinafter provided, unless the employer and the
16labor organization representing the person have negotiated an
17alternative or supplemental form of due process based upon
18impartial arbitration as a term of a collective bargaining
19agreement. Such bargaining shall be mandatory unless the
20parties mutually agree otherwise. Any such alternative
21agreement shall be permissive.
22    If the chief of the fire department is or the chief of the
23police department or both of them are appointed in the manner
24provided by ordinance, the chief they may be removed or
25discharged by the appointing authority. In such case the

 

 

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1appointing authority shall file with the corporate authorities
2the reasons for such removal or discharge, which removal or
3discharge shall not become effective unless confirmed by a
4majority vote of the corporate authorities. The board of fire
5and police commissioners shall conduct a fair and impartial
6hearing of the charges, to be commenced within 30 days of the
7filing thereof, which hearing may be continued from time to
8time. In case an officer or member is found guilty, the board
9may discharge him, or may suspend him not exceeding 30 days
10without pay. The board may suspend any officer or member
11pending the hearing with or without pay, but not to exceed 30
12days. If the Board of Fire and Police Commissioners determines
13that the charges are not sustained, the officer or member
14shall be reimbursed for all wages withheld, if any. In the
15conduct of this hearing, each member of the board shall have
16power to administer oaths and affirmations, and the board
17shall have power to secure by its subpoena both the attendance
18and testimony of witnesses and the production of books and
19papers relevant to the hearing.
20    The age for retirement of policemen or firemen in the
21service of any municipality which adopts this Division 2.1 is
2265 years, unless the Council or Board of Trustees shall by
23ordinance provide for an earlier retirement age of not less
24than 60 years.
25    The provisions of the Administrative Review Law, and all
26amendments and modifications thereof, and the rules adopted

 

 

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1pursuant thereto, shall apply to and govern all proceedings
2for the judicial review of final administrative decisions of
3the board of fire and police commissioners hereunder. The term
4"administrative decision" is defined as in Section 3-101 of
5the Code of Civil Procedure.
6    Nothing in this Section shall be construed to prevent the
7chief of the fire department or the chief of the police
8department from suspending without pay a member of his
9department for a period of not more than 5 calendar days, but
10he shall notify the board in writing of such suspension. The
11hearing shall be as hereinafter provided, unless the employer
12and the labor organization representing the person have
13negotiated an alternative or supplemental form of due process
14based upon impartial arbitration as a term of a collective
15bargaining agreement. Such bargaining shall be mandatory
16unless the parties mutually agree otherwise. Any such
17alternative agreement shall be permissive.
18    Any policeman or fireman so suspended may appeal to the
19board of fire and police commissioners for a review of the
20suspension within 5 calendar days after such suspension, and
21upon such appeal, the board may sustain the action of the chief
22of the department, may reverse it with instructions that the
23man receive his pay for the period involved, or may suspend the
24officer for an additional period of not more than 30 days or
25discharge him, depending upon the facts presented.
26(Source: P.A. 95-356, eff. 8-23-07.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law, except that the changes to Sections 10-1-7,
310-2.1-4, 10-2.1-6, and 10-2.1-17 of the Illinois Municipal
4Code take effect on December 1, 2024.