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Public Act 094-0103


 

Public Act 0103 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0103
 
SB0189 Enrolled LRB094 03510 MKM 33513 b

    AN ACT concerning law enforcement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Police Training Act is amended by
changing Sections 10 and 10.2 and adding Section 10.4 as
follows:
 
    (50 ILCS 705/10)  (from Ch. 85, par. 510)
    Sec. 10. The Board may make, amend and rescind such rules
and regulations as may be necessary to carry out the provisions
of this Act, including those relating to the annual
certification of retired law enforcement officers qualified
under federal law to carry a concealed weapon. A copy of all
rules and regulations and amendments or rescissions thereof
shall be filed with the Secretary of State within a reasonable
time after their adoption. The schools certified by the Board
and participating in the training program may dismiss from the
school any trainee prior to his completion of the course, if in
the opinion of the person in charge of the training school, the
trainee is unable or unwilling to satisfactorily complete the
prescribed course of training.
(Source: Laws 1965, p. 3099.)
 
    (50 ILCS 705/10.2)
    Sec. 10.2. Criminal background investigations.
    (a) On and after the effective date of this amendatory Act
of the 92nd General Assembly, an applicant for employment as a
peace officer, or for annual certification as a retired law
enforcement officer qualified under federal law to carry a
concealed weapon, shall authorize an investigation to
determine if the applicant has been convicted of any criminal
offense that disqualifies the person as a peace officer.
    (b) No law enforcement agency may knowingly employ a
person, or certify a retired law enforcement officer qualified
under federal law to carry a concealed weapon, unless (i) a
criminal background investigation of that person has been
completed and (ii) that investigation reveals no convictions of
offenses specified in subsection (a) of Section 6.1 of this
Act.
(Source: P.A. 92-533, eff. 3-14-02.)
 
    (50 ILCS 705/10.4 new)
    Sec. 10.4. Weapon certification for retired law
enforcement officers. The Board may initiate, administer, and
conduct annual firearm certification courses consistent with
the requirements enumerated in the Peace Officer Firearm
Training Act for retired law enforcement officers qualified
under federal law to carry a concealed weapon.
 
    Section 10. The Peace Officer Firearm Training Act is
amended by changing Sections 1 and 3 and by adding Section 2.5
as follows:
 
    (50 ILCS 710/1)  (from Ch. 85, par. 515)
    Sec. 1. Definitions. As used in this Act: (a) "Peace
officer" means (i) any person who by virtue of his office or
public employment is vested by law with a primary duty to
maintain public order or to make arrests for offenses, whether
that duty extends to all offenses or is limited to specific
offenses, and who is employed in such capacity by any county or
municipality or (ii) any retired law enforcement officers
qualified under federal law to carry a concealed weapon. (b)
"Firearms" means any weapon or device defined as a firearm in
Section 1.1 of "An Act relating to the acquisition, possession
and transfer of firearms and firearm ammunition, to provide a
penalty for the violation thereof and to make an appropriation
in connection therewith", approved August 3, 1967, as amended.
(Source: P.A. 81-995.)
 
    (50 ILCS 710/2.5 new)
    Sec. 2.5. Annual range qualification. The annual range
qualification for peace officers shall consist of range fire
approved by the Illinois Law Enforcement Training Standards
Board.
 
    (50 ILCS 710/3)  (from Ch. 85, par. 517)
    Sec. 3. The Board is charged with enforcing this Act and
making inspections to insure compliance with its provisions,
and is empowered to promulgate rules necessary for its
administration and enforcement, including those relating to
the annual certification of retired law enforcement officers
qualified under federal law to carry a concealed weapon. All
units of government or other agencies which employ or utilize
peace officers, or that certify retired law enforcement
officers qualified under federal law to carry a concealed
weapon, shall cooperate with the Board by furnishing relevant
information which the Board may require. The Executive Director
of the Board shall report annually, no later than February 1,
to the Board, with copies to the Governor and the General
Assembly, the results of these inspections and provide other
related information and recommendations as it deems proper.
(Source: P.A. 92-84, eff. 7-1-02.)
 
    Section 15. The Intergovernmental Law Enforcement
Officer's In-Service Training Act is amended by changing
Sections 2, 3, and 4 as follows:
 
    (50 ILCS 720/2)  (from Ch. 85, par. 562)
    Sec. 2. Definitions.
    "Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
    "Director" means the Executive Director of the Board.
    "Chairman" means the Chairman of the Board.
    "Appointed Member" means a member of the Board appointed by
the Governor pursuant to the Illinois Police Training Act and
designated by the Director to serve on an Advisory Board.
    "Mobile Team In-Service Training Unit" or "Mobile Team"
means an organization formed by a combination of units of local
government and the Board and established under this Act to
deliver in-service training at scheduled times and selected
sites within a geographic region to (i) local and State law
enforcement officers (whether employed on a full-time or
part-time basis) and (ii) retired law enforcement officers
qualified under federal law to carry a concealed weapon at
scheduled times and selected sites within a geographic region.
    "Advisory Board" means a Board composed of a representative
number of county board members, mayors, chiefs of police, and
sheriffs of participating units of local government, and the
Director, Chairman or appointed member of the Illinois Law
Enforcement Training Standards Board. The composition and
number of each Advisory Board will be determined by the
participants. Members of the Advisory Board shall serve without
compensation but may be reimbursed for reasonable expenses
incurred in carrying out their duties.
    "Unit of local government" means a unit of local government
as defined in Article VII, Section 1 of the Illinois
Constitution of 1970 and includes both home rule units and
units which are not home rule units.
(Source: P.A. 88-586, eff. 8-12-94; 89-170, eff. 1-1-96.)
 
    (50 ILCS 720/3)  (from Ch. 85, par. 563)
    Sec. 3. Powers and Duties.
    (a) Powers and Duties of the Advisory Board.
        (1) To incorporate as a general not-for-profit
    corporation or other appropriate structure under Illinois
    law.
        (2) To adopt By-Laws and Operating Procedures.
        (3) To designate a Financial Officer who is an elected
    local government official.
        (4) To employ a coordinator and to approve the
    employment of such other full or part-time staff as may be
    required.
        (5) To develop and approve the total budget for the
    Mobile Team annually.
        (6) To determine equitable formulae for providing the
    local share of cost of the Mobile Team, and to assure
    receipt of such funds from participating units of local
    government.
        (7) To oversee the development of training programs,
    the delivery of training, and the proper expenditure of
    funds.
        (8) To carry out such other actions or activities
    appropriate to the operation of the Mobile Team including
    but not limited to contracting for services and supplies,
    and purchase of furniture, fixtures, equipment and
    supplies.
        (9) To exercise all other powers and duties as are
    reasonable to fulfill its functions in furtherance of the
    purposes of this Act.
    (b) Powers and Duties of the Illinois Law Enforcement
Training Standards Board.
        (1) To act as the State agency participant on each
    Mobile Team Advisory Board.
        (2) To act as the State agency to coordinate the
    actions of Mobile Teams established in the State.
        (3) To determine that the Mobile Team meets the
    criteria for the receipt of funds from the State in
    accordance with Section 4 of this Act.
        (4) To budget for and authorize quarterly disbursement
    of State funds up to 50% of the total approved budget of
    the eligible Mobile Team.
        (5) To establish such reasonable rules and regulations
    as the Director deems necessary to carry out the duties
    described in this Act, including those relating to the
    annual certification of retired law enforcement officers
    qualified under federal law to carry a concealed weapon.
    (c) Powers and Duties of the Coordinator of an Advisory
Board.
        (1) To manage and coordinate the ongoing operations of
    the Mobile Team.
        (2) To employ and supervise additional authorized full
    or part-time staff.
        (3) To arrange for qualified instructors from among the
    employees of State, local or federal Departments or
    agencies wherever practical and to obtain other
    instructional services as required.
(Source: P.A. 88-586, eff. 8-12-94.)
 
    (50 ILCS 720/4)  (from Ch. 85, par. 564)
    Sec. 4. State Funding-Minimum Criteria. A Mobile Team
In-Service Training Unit which meets the minimum criteria
established in this Section is eligible to receive State funds
to help defray the costs of operation. To be eligible a Mobile
Team must:
    (1) Be established and operating pursuant to the
Intergovernmental Cooperation Section Article VII, Section 10,
of the Illinois Constitution of 1970 and must involve two or
more units of local government including at least one county
and the Board.
    (2) Establish an Advisory Board composed of elected local
officials and chief law enforcement officers from
participating units of local government and the Director,
Chairman or appointed member of the Board to oversee the
operations of the Mobile Team and make such reports to the
Board as the Board may require.
    (3) Designate an elected local official to act as the
financial officer of the Mobile Team for all participating
units of government, and to receive and expend funds for the
operation of the Mobile Team.
    (4) Limit its operations to in-service training of law
enforcement personnel employed by the State, by units of local
government or by the Federal government or their agencies and
departments in the administration of justice or retired law
enforcement officers qualified under federal law to carry a
concealed weapon.
    (5) Cooperate with the Board in order to assure compliance
with this Act and to enable the Board to fulfill its duties
under this Act, and to supply the Board with such information
as the Board deems necessary therefor.
    (6) Receive funding of up to 50% of the total approved
budget of the Mobile Team from the participating units of local
government.
(Source: P.A. 83-585.)
 
    Section 99. Effective date. This Act takes effect July 1,
2005.

Effective Date: 7/1/2005