103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3354

 

Introduced 2/17/2023, by Rep. David Friess - Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-6013  from Ch. 34, par. 3-6013

    Amends the Counties Code. Provides that, in matters a sheriff deems essential to preventing or assisting with disasters or events of civil disorder, the sheriff may authorize plain clothes to be worn by auxiliary deputies as long as the auxiliary deputies are carrying proper identification while performing this function. Provides that auxiliary deputies may only carry firearms while in the performance of their assigned duties (rather than while in uniform and in the performance of their assigned duties).


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A BILL FOR

 

HB3354LRB103 25580 AWJ 51929 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 Counties Code is amended by changing
5Section 3-6013 as follows:
 
6    (55 ILCS 5/3-6013)  (from Ch. 34, par. 3-6013)
7    Sec. 3-6013. Duties, training and compensation of
8auxiliary deputies. Auxiliary deputies shall not supplement
9members of the regular county police department or regular
10deputies in the performance of their assigned and normal
11duties, except as provided herein. Auxiliary deputies may be
12assigned and directed by the sheriff to perform the following
13duties in the county:
14    To aid or direct traffic within the county, to aid in
15control of natural or human made disasters, to aid in case of
16civil disorder as assigned and directed by the sheriff,
17provided, that in emergency cases which render it impractical
18for members of the regular county police department or regular
19deputies to perform their assigned and normal duties, the
20sheriff is hereby authorized to assign and direct auxiliary
21deputies to perform such regular and normal duties.
22Identification symbols worn by such auxiliary deputies shall
23be different and distinct from those used by members of the

 

 

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1regular county police department or regular deputies. In
2matters the sheriff deems essential to preventing or assisting
3with disasters or events of civil disorder, the sheriff may
4authorize plain clothes to be worn by auxiliary deputies as
5long as the auxiliary deputies are carrying proper
6identification while performing this function. Such auxiliary
7deputies shall at all times during the performance of their
8duties be subject to the direction and control of the sheriff
9of the county. Such auxiliary deputies shall not carry
10firearms, except with the permission of the sheriff, and only
11while in uniform and in the performance of their assigned
12duties.
13    Auxiliary deputies, prior to entering upon any of their
14duties, shall receive a course of training in the use of
15weapons and other police procedures as shall be appropriate in
16the exercise of the powers conferred upon them under this
17Division, which training and course of study shall be
18determined and provided by the sheriff of each county
19utilizing auxiliary deputies, provided that, before being
20permitted to carry a firearm an auxiliary deputy must have the
21same course of training as required of peace officers in
22Section 2 of the Peace Officer and Probation Officer Firearm
23Training Act. The county authorities shall require that all
24auxiliary deputies be residents of the county served by them.
25Prior to the appointment of any auxiliary deputy his or her
26fingerprints shall be taken and no person shall be appointed

 

 

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1as such auxiliary deputy if he or she has been convicted of a
2felony or other crime involving moral turpitude.
3    Auxiliary deputies may receive such compensation as is set
4by the County Board, with the advice and consent of the
5Sheriff, not to exceed the lowest hourly pay of a full-time
6sworn member of the regular county police or sheriff's
7department and not be paid a salary, except as provided in
8Section 3-6036, but may be reimbursed for actual expenses
9incurred in performing their assigned duty. The County Board
10must approve such actual expenses and arrange for payment.
11    Nothing in this Division shall preclude an auxiliary
12deputy from holding a simultaneous appointment as an auxiliary
13police officer pursuant to Section 3-6-5 of the Illinois
14Municipal Code.
15(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)