State of Illinois
2017 and 2018


Introduced 2/7/2017, by Sen. Christine Radogno


20 ILCS 2910/1  from Ch. 127 1/2, par. 501

    Amends the Peace Officer Fire Investigation Act. Makes a technical change in a Section concerning peace officer status.

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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Peace Officer Fire Investigation Act is
5amended by changing Section 1 as follows:
6    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
7    Sec. 1. Peace officer status.
8    (a) Any person who is a sworn member of any organized and
9and paid fire department of a political subdivision of this
10State and is authorized to investigate fires or explosions for
11such political subdivision and to determine the cause, origin
12and circumstances of fires or explosions that are suspected to
13be arson or arson-related crimes, may be classified as a peace
14officer by the political subdivision or agency employing such
15person. A person so classified shall possess the same powers of
16arrest, search and seizure and the securing and service of
17warrants as sheriffs of counties, and police officers within
18the jurisdiction of their political subdivision. While in the
19actual investigation and matters incident thereto, such person
20may carry weapons as may be necessary, but only if that person
21has satisfactorily completed (1) a training program offered or
22approved by the Illinois Law Enforcement Training Standards
23Board which substantially conforms to standards promulgated



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1pursuant to the Illinois Police Training Act and the Peace
2Officer and Probation Officer Firearm Training Act; and (2) a
3course in fire and arson investigation approved by the Office
4of the State Fire Marshal pursuant to the Illinois Fire
5Protection Training Act. Such training need not include
6exposure to vehicle and traffic law, traffic control and
7accident investigation, or first aid, but shall include
8training in the law relating to the rights of persons suspected
9of involvement in criminal activities.
10    Any person granted the powers enumerated in this subsection
11(a) may exercise such powers only during the actual
12investigation of the cause, origin and circumstances of such
13fires or explosions that are suspected to be arson or
14arson-related crimes.
15    (b) Persons employed by the Office of the State Fire
16Marshal to conduct arson investigations shall be designated
17State Fire Marshal Arson Investigator Special Agents and shall
18be peace officers with all of the powers of peace officers in
19cities and sheriffs in counties, except that they may exercise
20those powers throughout the State. These Special Agents may
21exercise these powers only when engaging in official duties
22during the actual investigation of the cause, origin, and
23circumstances of such fires or explosions that are suspected to
24be arson or arson-related crimes and may carry weapons at all
25times, but only if they have satisfactorily completed (1) a
26training course approved by the Illinois Law Enforcement



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1Training Standards Board that substantially conforms to the
2standards promulgated pursuant to the Peace Officer and
3Probation Officer Firearm Training Act and (2) a course in fire
4and arson investigation approved by the Office of the State
5Fire Marshal pursuant to the Illinois Fire Protection Training
6Act. Such training need not include exposure to vehicle and
7traffic law, traffic control and accident investigation, or
8first aid, but shall include training in the law relating to
9the rights of persons suspected of involvement in criminal
11    For purposes of this subsection (b), a "State Fire Marshal
12Arson Investigator Special Agent" does not include any fire
13investigator, fireman, police officer, or other employee of the
14federal government; any fire investigator, fireman, police
15officer, or other employee of any unit of local government; or
16any fire investigator, fireman, police officer, or other
17employee of the State of Illinois other than an employee of the
18Office of the State Fire Marshal assigned to investigate arson.
19    The State Fire Marshal must authorize to each employee of
20the Office of the State Fire Marshal who is exercising the
21powers of a peace officer a distinct badge that, on its face,
22(i) clearly states that the badge is authorized by the Office
23of the State Fire Marshal and (ii) contains a unique
24identifying number. No other badge shall be authorized by the
25Office of the State Fire Marshal, except that a badge,
26different from the badge issued to peace officers, may be



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1authorized by the Office of the State Fire Marshal for the use
2of fire prevention inspectors employed by that Office. Nothing
3in this subsection prohibits the State Fire Marshal from
4issuing shields or other distinctive identification to
5employees not exercising the powers of a peace officer if the
6State Fire Marshal determines that a shield or distinctive
7identification is needed by the employee to carry out his or
8her responsibilities.
9(Source: P.A. 98-725, eff. 1-1-15.)