Illinois General Assembly - Full Text of SB1908
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Full Text of SB1908  98th General Assembly

SB1908sam001 98TH GENERAL ASSEMBLY

Sen. Jason A. Barickman

Filed: 3/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1908

2    AMENDMENT NO. ______. Amend Senate Bill 1908 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 10-2.1-6 as follows:
 
6    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
7    Sec. 10-2.1-6. Examination of applicants;
8disqualifications.
9    (a) All applicants for a position in either the fire or
10police department of the municipality shall be under 35 years
11of age, shall be subject to an examination that shall be
12public, competitive, and open to all applicants (unless the
13council or board of trustees by ordinance limit applicants to
14electors of the municipality, county, state or nation) and
15shall be subject to reasonable limitations as to residence,
16health, habits, and moral character. The municipality may not

 

 

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1charge or collect any fee from an applicant who has met all
2prequalification standards established by the municipality for
3any such position. With respect to a police department, a
4veteran shall be allowed to exceed the maximum age provision of
5this Section by the number of years served on active military
6duty, but by no more than 10 years of active military duty.
7    (b) Residency requirements in effect at the time an
8individual enters the fire or police service of a municipality
9(other than a municipality that has more than 1,000,000
10inhabitants) cannot be made more restrictive for that
11individual during his period of service for that municipality,
12or be made a condition of promotion, except for the rank or
13position of Fire or Police Chief.
14    (c) No person with a record of misdemeanor convictions
15except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1611-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1714-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
1831-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
19(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
20of Section 24-1 of the Criminal Code of 1961 or the Criminal
21Code of 2012, or arrested for any cause but not convicted on
22that cause shall be disqualified from taking the examination to
23qualify for a position in the fire department on grounds of
24habits or moral character.
25    (d) The age limitation in subsection (a) does not apply (i)
26to any person previously employed as a policeman or fireman in

 

 

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1a regularly constituted police or fire department of (I) any
2municipality, regardless of whether the municipality is
3located in Illinois or in another state, or (II) a fire
4protection district whose obligations were assumed by a
5municipality under Section 21 of the Fire Protection District
6Act, (ii) to any person who has served a municipality as a
7regularly enrolled volunteer fireman for 5 years immediately
8preceding the time that municipality begins to use full time
9firemen to provide all or part of its fire protection service,
10or (iii) to any person who has served as an auxiliary police
11officer under Section 3.1-30-20 for at least 5 years and is
12under 40 years of age, (iv) to any person who has served as a
13deputy under Section 3-6008 of the Counties Code and otherwise
14meets necessary training requirements, or (v) to any person who
15has served as a sworn officer as a member of the Illinois
16Department of State Police.
17    (e) Applicants who are 20 years of age and who have
18successfully completed 2 years of law enforcement studies at an
19accredited college or university may be considered for
20appointment to active duty with the police department. An
21applicant described in this subsection (e) who is appointed to
22active duty shall not have power of arrest, nor shall the
23applicant be permitted to carry firearms, until he or she
24reaches 21 years of age.
25    (f) Applicants who are 18 years of age and who have
26successfully completed 2 years of study in fire techniques,

 

 

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1amounting to a total of 4 high school credits, within the cadet
2program of a municipality may be considered for appointment to
3active duty with the fire department of any municipality.
4    (g) The council or board of trustees may by ordinance
5provide that persons residing outside the municipality are
6eligible to take the examination.
7    (h) The examinations shall be practical in character and
8relate to those matters that will fairly test the capacity of
9the persons examined to discharge the duties of the positions
10to which they seek appointment. No person shall be appointed to
11the police or fire department if he or she does not possess a
12high school diploma or an equivalent high school education. A
13board of fire and police commissioners may, by its rules,
14require police applicants to have obtained an associate's
15degree or a bachelor's degree as a prerequisite for employment.
16The examinations shall include tests of physical
17qualifications and health. A board of fire and police
18commissioners may, by its rules, waive portions of the required
19examination for police applicants who have previously been
20full-time sworn officers of a regular police department in any
21municipal, county, university, or State law enforcement
22agency, provided they are certified by the Illinois Law
23Enforcement Training Standards Board and have been with their
24respective law enforcement agency within the State for at least
252 years. No person shall be appointed to the police or fire
26department if he or she has suffered the amputation of any limb

 

 

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1unless the applicant's duties will be only clerical or as a
2radio operator. No applicant shall be examined concerning his
3or her political or religious opinions or affiliations. The
4examinations shall be conducted by the board of fire and police
5commissioners of the municipality as provided in this Division
62.1.
7    The requirement that a police applicant possess an
8associate's degree under this subsection shall be waived if one
9or more of the following applies: (1) the applicant has served
10for 24 months of honorable active duty in the United States
11Armed Forces and has not been discharged dishonorably or under
12circumstances other than honorable or (2) the applicant has
13served for 180 days of active duty in the United States Armed
14Forces in combat duty recognized by the Department of Defense.
15    The requirement that a police applicant possess a
16bachelor's degree under this subsection shall be waived if one
17or more of the following applies: (1) the applicant has served
18for 36 months of honorable active duty in the United States
19Armed Forces and has not been discharged dishonorably or under
20circumstances other than honorable or (2) the applicant has
21served for 180 days of active duty in the United States Armed
22Forces in combat duty recognized by the Department of Defense.
23    (i) No person who is classified by his local selective
24service draft board as a conscientious objector, or who has
25ever been so classified, may be appointed to the police
26department.

 

 

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1    (j) No person shall be appointed to the police or fire
2department unless he or she is a person of good character and
3not an habitual drunkard, gambler, or a person who has been
4convicted of a felony or a crime involving moral turpitude. No
5person, however, shall be disqualified from appointment to the
6fire department because of his or her record of misdemeanor
7convictions except those under Sections 11-1.50, 11-6, 11-7,
811-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
912-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
1031-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
11subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
12subsections (1), (6) and (8) of Section 24-1 of the Criminal
13Code of 1961 or the Criminal Code of 2012, or arrest for any
14cause without conviction on that cause. Any such person who is
15in the department may be removed on charges brought and after a
16trial as provided in this Division 2.1.
17(Source: P.A. 96-472, eff. 8-14-09; 96-1551, eff. 7-1-11;
1897-1150, eff. 1-25-13.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".