HB5910 99TH GENERAL ASSEMBLY

LRB099 18730 RLC 43114 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5910

Introduced , by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

720 ILCS 5/2-13	from Ch. 38, par. 2-13
745 ILCS 22/5

Amends the Criminal Code of 2012. Changes references of various federal law enforcement agencies from their previous names to their current names. Includes in the definition of "peace officer" under the Criminal Code of 2012 for particular purposes: (1) Amtrak Police; (2) Federal Reserve Police; (3) the United States Department of Veterans Affairs Police; and (4) U.S. Probation and Pre-trial Services. Amends the Federal Law Enforcement Officer Immunity Act to make conforming changes.

A BILL FOR

AN ACT concerning federal law enforcement agencies.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 2-13 as follows:

(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)

Sec. 2-13. "Peace officer". "Peace officer" means (i) any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

For purposes of Sections concerning unlawful use of weapons, for the purposes of assisting an Illinois peace officer in an arrest, or when the commission of any offense under Illinois law is directly observed by the person, and statutes involving the false personation of a peace officer, false personation of a peace officer while carrying a deadly weapon, false personation of a peace officer in attempting or committing a felony, and false personation of a peace officer in attempting or committing a forcible felony, then officers, agents, or employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws shall be considered "peace officers" under this Code, including, but not limited to all criminal investigators of:

(1) the United States Department of Justice, the Federal Bureau of Investigation, the Drug Enforcement Agency and all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws the Department of Immigration and Naturalization;

(1.5) the United States Department of Homeland Security, United States Citizenship and Immigration Services, United States Coast Guard, United States Customs and Border Protection, and United States Immigration and Customs Enforcement;

(2) the United States Department of the Treasury, the Alcohol and Tobacco Tax and Trade Bureau, and the United States the Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Customs Service;

(3) the United States Internal Revenue Service;

(4) the United States General Services Administration;

(5) the United States Postal Service;

(6) (blank); all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws; and

(7) the United States Department of Defense; .

(8) Amtrak Police;

(9) Federal Reserve Police;

(10) the United States Department of Veterans Affairs Police; and

(11) U.S. Probation and Pre-trial Services.

(Source: P.A. 97-1150, eff. 1-25-13.)

Section 10. The Federal Law Enforcement Officer Immunity Act is amended by changing Section 5 as follows:

(745 ILCS 22/5)

Sec. 5. Definition. As used in this Act, "federal law enforcement officer" means any officer, agent or employee of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws, including but not limited to, all criminal investigators of:

(a) The United States Department of Justice, the The Federal Bureau of Investigation, the The Drug Enforcement Agency and all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws and The Department of Immigration and Naturalization;

(a-5) The United States Department of Homeland Security, United States Citizenship and Immigration Services, United States Coast Guard, United States Customs and Border Protection, and United States Immigration and Customs Enforcement;

(b) The United States Department of the Treasury, the Alcohol and Tobacco Tax and Trade Bureau, and the United States The Secret Service, The Bureau of Alcohol, Tobacco and Firearms and The Customs Service;

(c) The United States Internal Revenue Service;

(d) The United States General Services Administration;

(e) The United States Postal Service; and

(f) (Blank); All United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws.

(g) The United States Department of Defense;

(h) Amtrak Police;

(i) Federal Reserve Police;

(j) the United States Department of Veterans Affairs Police; and

(k) U.S. Probation and Pre-trial Services.

(Source: P.A. 95-331, eff. 8-21-07.)