Illinois General Assembly - Full Text of HB5688
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Full Text of HB5688  98th General Assembly


Rep. Kelly Burke

Filed: 3/14/2014





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2    AMENDMENT NO. ______. Amend House Bill 5688 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Law
5Enforcement Officer Bulletproof Vest Act.
6    Section 5. Definitions. As used in this Act:
7    "Armor vest" or "bulletproof vest" means body armor, no
8less than Type I, which has been tested through the voluntary
9compliance testing program operated by the National Law
10Enforcement and Corrections Technology Center of the National
11Institute of Justice, and found to meet or exceed the
12requirements of National Institute of Justice Standard
130101.03, or any subsequent revision of that standard.
14    "Law enforcement agency" means an agency of this State or
15unit of local government which is vested by law or ordinance
16with the duty to maintain public order and to enforce criminal



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1laws or ordinances.
2    "Law enforcement officer" means any officer, agent, or
3employee of this State or a unit of local government authorized
4by law or by a government agency to engage in or supervise the
5prevention, detection, or investigation of any violation of
6criminal law, or authorized by law to supervise sentenced
7criminal offenders.
8    "Recruit" means any full-time or part-time law enforcement
9officer or full-time county corrections officer who is enrolled
10in an approved training course.
11    Section 10. Law enforcement agencies to provide
12bulletproof vests for officers.
13    (a) Each law enforcement agency within this State shall
14provide a bulletproof vest for every law enforcement officer of
15that agency who is employed as a new recruit by that agency on
16or after the effective date of this Act as part of the
17officer's initial equipment issue.
18    (b) All officer bulletproof vests shall be replaced before
19or at the expiration of the warranty period of the vest at the
20expense of the law enforcement agency.
21    (c) The State or unit of local government which has
22jurisdiction over the law enforcement agency shall apply to the
23United States Department of Justice under the Bulletproof Vest
24Partnership Grant Act of 1998 or a successor Act for matching
25grants of the purchase price of the bulletproof vests for the



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1officers of the law enforcement agency.
2    (d) If the law enforcement agency is a local law
3enforcement agency and not a State agency, the costs of
4purchasing the bulletproof vests shall be from State funds and
5from the funds of the unit of local government, including the
6matching grants received from the United States Department of
8    Section 15. Applicability. If substantial funding for the
9purchase of bulletproof vests is provided to law enforcement
10agencies by the federal government and State government, the
11law enforcement agency shall comply with the provisions of this
12Act. This Act does not apply to a law enforcement agency if any
13one of the following is applicable:
14    (1) substantial funding, as determined by the Illinois Law
15Enforcement Training Standards Board, is not provided to that
16agency by the federal and State government;
17    (2) the law enforcement agency collectively bargains with
18its officers or exclusive representative of the officers for
19uniform allowances, and bulletproof vests are considered to be
20a part of the uniform for which the allowance is given; or
21    (3) the law enforcement agency collectively bargains with
22its officers or exclusive representative of the officers for
23the provision of bulletproof vests.
24    Section 905. The Illinois Police Training Act is amended by



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1changing Section 9 as follows:
2    (50 ILCS 705/9)  (from Ch. 85, par. 509)
3    Sec. 9. A special fund is hereby established in the State
4Treasury to be known as "The Traffic and Criminal Conviction
5Surcharge Fund" and shall be financed as provided in Section
69.1 of this Act and Section 5-9-1 of the "Unified Code of
7Corrections", unless the fines, costs or additional amounts
8imposed are subject to disbursement by the circuit clerk under
9Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
10shall be expended as follows:
11        (1) A portion of the total amount deposited in the Fund
12    may be used, as appropriated by the General Assembly, for
13    the ordinary and contingent expenses of the Illinois Law
14    Enforcement Training Standards Board;
15        (2) A portion of the total amount deposited in the Fund
16    shall be appropriated for the reimbursement of local
17    governmental agencies participating in training programs
18    certified by the Board, in an amount equaling 1/2 of the
19    total sum paid by such agencies during the State's previous
20    fiscal year for mandated training for probationary police
21    officers or probationary county corrections officers and
22    for optional advanced and specialized law enforcement or
23    county corrections training. These reimbursements may
24    include the costs for tuition at training schools, the
25    salaries of trainees while in schools, and the necessary



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1    travel and room and board expenses for each trainee. If the
2    appropriations under this paragraph (2) are not sufficient
3    to fully reimburse the participating local governmental
4    agencies, the available funds shall be apportioned among
5    such agencies, with priority first given to repayment of
6    the costs of mandatory training given to law enforcement
7    officer or county corrections officer recruits, then to
8    repayment of costs of advanced or specialized training for
9    permanent police officers or permanent county corrections
10    officers;
11        (3) A portion of the total amount deposited in the Fund
12    may be used to fund the "Intergovernmental Law Enforcement
13    Officer's In-Service Training Act", veto overridden
14    October 29, 1981, as now or hereafter amended, at a rate
15    and method to be determined by the board;
16        (4) A portion of the Fund also may be used by the
17    Illinois Department of State Police for expenses incurred
18    in the training of employees from any State, county or
19    municipal agency whose function includes enforcement of
20    criminal or traffic law;
21        (5) A portion of the Fund may be used by the Board to
22    fund grant-in-aid programs and services for the training of
23    employees from any county or municipal agency whose
24    functions include corrections or the enforcement of
25    criminal or traffic law; and
26        (6) For fiscal years 2013 and 2014 only, a portion of



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1    the Fund also may be used by the Department of State Police
2    to finance any of its lawful purposes or functions; and .
3        (7) A portion of the Fund may be used by the Board,
4    subject to appropriation, to administer grants to local law
5    enforcement agencies for the purpose of purchasing
6    bulletproof vests under the Law Enforcement Officer
7    Bulletproof Vest Act.
8    All payments from the Traffic and Criminal Conviction
9Surcharge Fund shall be made each year from moneys appropriated
10for the purposes specified in this Section. No more than 50% of
11any appropriation under this Act shall be spent in any city
12having a population of more than 500,000. The State Comptroller
13and the State Treasurer shall from time to time, at the
14direction of the Governor, transfer from the Traffic and
15Criminal Conviction Surcharge Fund to the General Revenue Fund
16in the State Treasury such amounts as the Governor determines
17are in excess of the amounts required to meet the obligations
18of the Traffic and Criminal Conviction Surcharge Fund.
19(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)".