Sen. John J. Millner

Filed: 3/29/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2275

2    AMENDMENT NO. ______. Amend Senate Bill 2275 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Police Training Act is amended by
5changing Sections 10, 10.2, and 10.4 as follows:
 
6    (50 ILCS 705/10)  (from Ch. 85, par. 510)
7    Sec. 10. The Board may make, amend and rescind such rules
8and regulations as may be necessary to carry out the provisions
9of this Act, including those relating to the annual
10certification of retired law enforcement officers qualified
11under federal law or the annual certification of retired parole
12agents or parole supervisors qualified under Illinois law to
13carry a concealed weapon. A copy of all rules and regulations
14and amendments or rescissions thereof shall be filed with the
15Secretary of State within a reasonable time after their
16adoption. The schools certified by the Board and participating

 

 

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1in the training program may dismiss from the school any trainee
2prior to his completion of the course, if in the opinion of the
3person in charge of the training school, the trainee is unable
4or unwilling to satisfactorily complete the prescribed course
5of training.
6(Source: P.A. 94-103, eff. 7-1-05.)
 
7    (50 ILCS 705/10.2)
8    Sec. 10.2. Criminal background investigations.
9    (a) On and after July 1, 2005 (the effective date of Public
10Act 94-103) the effective date of this amendatory Act of the
1192nd General Assembly, an applicant for employment as a peace
12officer, or for annual certification as a retired law
13enforcement officer qualified under federal law or the annual
14certification of a retired parole agent or parole supervisor
15qualified under Illinois law to carry a concealed weapon, shall
16authorize an investigation to determine if the applicant has
17been convicted of any criminal offense that disqualifies the
18person as a peace officer.
19    (b) No law enforcement agency may knowingly employ a
20person, or certify a retired law enforcement officer qualified
21under federal law or a retired parole agent or parole
22supervisor qualified under Illinois law to carry a concealed
23weapon, unless (i) a criminal background investigation of that
24person has been completed and (ii) that investigation reveals
25no convictions of offenses specified in subsection (a) of

 

 

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1Section 6.1 of this Act.
2(Source: P.A. 94-103, eff. 7-1-05.)
 
3    (50 ILCS 705/10.4)
4    Sec. 10.4. Weapon certification for retired law
5enforcement officers. The Board may initiate, administer, and
6conduct annual firearm certification courses consistent with
7the requirements enumerated in the Peace Officer Firearm
8Training Act for retired law enforcement officers qualified
9under federal law or of retired parole agents or parole
10supervisors qualified under Illinois law to carry a concealed
11weapon.
12(Source: P.A. 94-103, eff. 7-1-05.)
 
13    Section 10. The Peace Officer Firearm Training Act is
14amended by changing Sections 1 and 3 as follows:
 
15    (50 ILCS 710/1)  (from Ch. 85, par. 515)
16    Sec. 1. Definitions. As used in this Act:
17    (a) "Peace officer" means (i) any person who by virtue of
18his office or public employment is vested by law with a primary
19duty to maintain public order or to make arrests for offenses,
20whether that duty extends to all offenses or is limited to
21specific offenses, and who is employed in such capacity by any
22county or municipality or (ii) any retired law enforcement
23officers qualified under federal law or retired parole agents

 

 

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1or parole supervisors qualified under Illinois law to carry a
2concealed weapon.
3    (b) "Firearms" means any weapon or device defined as a
4firearm in Section 1.1 of "An Act relating to the acquisition,
5possession and transfer of firearms and firearm ammunition, to
6provide a penalty for the violation thereof and to make an
7appropriation in connection therewith", approved August 3,
81967, as amended.
9(Source: P.A. 94-103, eff. 7-1-05.)
 
10    (50 ILCS 710/3)  (from Ch. 85, par. 517)
11    Sec. 3. The Board is charged with enforcing this Act and
12making inspections to insure compliance with its provisions,
13and is empowered to promulgate rules necessary for its
14administration and enforcement, including those relating to
15the annual certification of retired law enforcement officers
16qualified under federal law or the annual certification of
17retired parole agents or parole supervisors qualified under
18Illinois law to carry a concealed weapon. All units of
19government or other agencies which employ or utilize peace
20officers, or that certify retired law enforcement officers
21qualified under federal law or that certify retired parole
22agents or parole supervisors qualified under Illinois law to
23carry a concealed weapon, shall cooperate with the Board by
24furnishing relevant information which the Board may require.
25The Executive Director of the Board shall report annually, no

 

 

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1later than February 1, to the Board, with copies to the
2Governor and the General Assembly, the results of these
3inspections and provide other related information and
4recommendations as it deems proper.
5(Source: P.A. 94-103, eff. 7-1-05.)
 
6    Section 15. The Intergovernmental Law Enforcement
7Officer's In-Service Training Act is amended by changing
8Sections 2, 3, and 4 as follows:
 
9    (50 ILCS 720/2)  (from Ch. 85, par. 562)
10    Sec. 2. Definitions.
11    "Board" means the Illinois Law Enforcement Training
12Standards Board created by the Illinois Police Training Act.
13    "Director" means the Executive Director of the Board.
14    "Chairman" means the Chairman of the Board.
15    "Appointed Member" means a member of the Board appointed by
16the Governor pursuant to the Illinois Police Training Act and
17designated by the Director to serve on an Advisory Board.
18    "Mobile Team In-Service Training Unit" or "Mobile Team"
19means an organization formed by a combination of units of local
20government and the Board and established under this Act to
21deliver in-service training at scheduled times and selected
22sites within a geographic region to (i) local and State law
23enforcement officers (whether employed on a full-time or
24part-time basis) and (ii) retired law enforcement officers

 

 

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1qualified under federal law or retired parole agents or parole
2supervisors qualified under Illinois law to carry a concealed
3weapon.
4    "Advisory Board" means a Board composed of a representative
5number of county board members, mayors, chiefs of police, and
6sheriffs of participating units of local government, and the
7Director, Chairman or appointed member of the Illinois Law
8Enforcement Training Standards Board. The composition and
9number of each Advisory Board will be determined by the
10participants. Members of the Advisory Board shall serve without
11compensation but may be reimbursed for reasonable expenses
12incurred in carrying out their duties.
13    "Unit of local government" means a unit of local government
14as defined in Article VII, Section 1 of the Illinois
15Constitution of 1970 and includes both home rule units and
16units which are not home rule units.
17(Source: P.A. 94-103, eff. 7-1-05.)
 
18    (50 ILCS 720/3)  (from Ch. 85, par. 563)
19    Sec. 3. Powers and Duties.
20    (a) Powers and Duties of the Advisory Board.
21        (1) To incorporate as a general not-for-profit
22    corporation or other appropriate structure under Illinois
23    law.
24        (2) To adopt By-Laws and Operating Procedures.
25        (3) To designate a Financial Officer who is an elected

 

 

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1    local government official.
2        (4) To employ a coordinator and to approve the
3    employment of such other full or part-time staff as may be
4    required.
5        (5) To develop and approve the total budget for the
6    Mobile Team annually.
7        (6) To determine equitable formulae for providing the
8    local share of cost of the Mobile Team, and to assure
9    receipt of such funds from participating units of local
10    government.
11        (7) To oversee the development of training programs,
12    the delivery of training, and the proper expenditure of
13    funds.
14        (8) To carry out such other actions or activities
15    appropriate to the operation of the Mobile Team including
16    but not limited to contracting for services and supplies,
17    and purchase of furniture, fixtures, equipment and
18    supplies.
19        (9) To exercise all other powers and duties as are
20    reasonable to fulfill its functions in furtherance of the
21    purposes of this Act.
22    (b) Powers and Duties of the Illinois Law Enforcement
23Training Standards Board.
24        (1) To act as the State agency participant on each
25    Mobile Team Advisory Board.
26        (2) To act as the State agency to coordinate the

 

 

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1    actions of Mobile Teams established in the State.
2        (3) To determine that the Mobile Team meets the
3    criteria for the receipt of funds from the State in
4    accordance with Section 4 of this Act.
5        (4) To budget for and authorize quarterly disbursement
6    of State funds up to 50% of the total approved budget of
7    the eligible Mobile Team.
8        (5) To establish such reasonable rules and regulations
9    as the Director deems necessary to carry out the duties
10    described in this Act, including those relating to the
11    annual certification of retired law enforcement officers
12    qualified under federal law or the annual certification of
13    retired parole agents or parole supervisors qualified
14    under Illinois law to carry a concealed weapon.
15    (c) Powers and Duties of the Coordinator of an Advisory
16Board.
17        (1) To manage and coordinate the ongoing operations of
18    the Mobile Team.
19        (2) To employ and supervise additional authorized full
20    or part-time staff.
21        (3) To arrange for qualified instructors from among the
22    employees of State, local or federal Departments or
23    agencies wherever practical and to obtain other
24    instructional services as required.
25(Source: P.A. 94-103, eff. 7-1-05.)
 

 

 

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1    (50 ILCS 720/4)  (from Ch. 85, par. 564)
2    Sec. 4. State Funding-Minimum Criteria. A Mobile Team
3In-Service Training Unit which meets the minimum criteria
4established in this Section is eligible to receive State funds
5to help defray the costs of operation. To be eligible a Mobile
6Team must:
7    (1) Be established and operating pursuant to the
8Intergovernmental Cooperation Section Article VII, Section 10,
9of the Illinois Constitution of 1970 and must involve two or
10more units of local government including at least one county
11and the Board.
12    (2) Establish an Advisory Board composed of elected local
13officials and chief law enforcement officers from
14participating units of local government and the Director,
15Chairman or appointed member of the Board to oversee the
16operations of the Mobile Team and make such reports to the
17Board as the Board may require.
18    (3) Designate an elected local official to act as the
19financial officer of the Mobile Team for all participating
20units of government, and to receive and expend funds for the
21operation of the Mobile Team.
22    (4) Limit its operations to in-service training of law
23enforcement personnel employed by the State, by units of local
24government or by the Federal government or their agencies and
25departments in the administration of justice or retired law
26enforcement officers qualified under federal law or retired

 

 

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1parole agents or parole supervisors qualified under Illinois
2law to carry a concealed weapon.
3    (5) Cooperate with the Board in order to assure compliance
4with this Act and to enable the Board to fulfill its duties
5under this Act, and to supply the Board with such information
6as the Board deems necessary therefor.
7    (6) Receive funding of up to 50% of the total approved
8budget of the Mobile Team from the participating units of local
9government.
10(Source: P.A. 94-103, eff. 7-1-05.)
 
11    Section 20. The Unified Code of Corrections is amended by
12changing Section 3-14-1.5 as follows:
 
13    (730 ILCS 5/3-14-1.5)
14    Sec. 3-14-1.5. Parole agents and parole supervisors;
15off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
16Section 24-1.6 of the Criminal Code of 1961 do not apply to
17parole agents and parole supervisors who meet the following
18conditions:
19    (1) The parole agent or parole supervisor must receive
20training in the use of firearms while off-duty conducted by the
21Illinois Law Enforcement Training Standards Board and be
22certified as having successfully completing such training by
23the Board. The Board shall determine the amount of such
24training and the course content for such training. The parole

 

 

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1agent or parole supervisor shall requalify for the firearms
2training annually at a State range certified by the Illinois
3Law Enforcement Training Standards Board. The expenses of such
4retraining shall be paid by the parole agent or parole
5supervisor and moneys for such requalification shall be
6expended at the request of the Illinois Law Enforcement
7Training Standards Board.
8    (2) The parole agent or parole supervisor shall purchase
9such firearm at his or her own expense and shall register the
10firearm with the Illinois Department of State Police and with
11any other local law enforcement agencies that require such
12registration.
13    (3) The parole agent or parole supervisor may not carry any
14Illinois Department of Corrections State issued firearm while
15off-duty. A person who violates this paragraph (3) is subject
16to disciplinary action by the Illinois Department of
17Corrections.
18    (4) Parole agents and supervisors who are discharged from
19employment of the Illinois Department of Corrections shall no
20longer be considered law enforcement officials and all their
21rights as law enforcement officials shall be revoked
22permanently.
23    (5) Retired parole agents and supervisors who were not
24terminated from employment due to disciplinary action or mental
25instability and who were otherwise in good standing with the
26Department may continue to carry a concealed firearm in

 

 

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1Illinois subject to the following criteria and limitations:
2        (A) the retired parole agent or supervisor must not
3    otherwise be prohibited by Illinois or federal law from
4    receiving or carrying a firearm;
5        (B) the retired parole agent or supervisor must have
6    been employed as a parole agent, parole supervisor, or law
7    enforcement officer for an aggregate of 15 years or more;
8        (C) the retired parole agent or supervisor must have
9    met the State's standards for training and qualification to
10    carry firearms during the most recent 12 month period;
11        (D) the retired parole agent or supervisor must not be
12    under the influence of alcohol or another intoxicating or
13    hallucinatory drug or substance;
14        (E) the retired parole agent or supervisor may only
15    possess the types and quantities of firearms that are
16    authorized by federal law under the Law Enforcement
17    Officers Safety Act of 2004.
18    Those individuals who qualify must apply to the Illinois
19Retired Officer Concealed Carry program which is supervised by
20the Illinois Law Enforcement Training Standards Board and shall
21be subject to the same certification and annual
22re-certification as retired law enforcement officers who are
23authorized by federal law to carry a firearm under the Law
24Enforcement Officers Safety Act of 2004.
25(Source: P.A. 96-230, eff. 1-1-10; revised 9-16-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".