HB0108 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0108

 

Introduced 1/14/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-1-15 new
110 ILCS 1020/1  from Ch. 144, par. 1951

    Amends the Illinois Municipal Code. Provides that a municipality or municipal police department may not contract with a private college or private university to have the college's or university's campus police department patrol or police within the jurisdiction of the municipal police department. Provides that a contract in effect on the effective date of the amendatory Act that conflicts with the Section shall not be renewed, extended, or otherwise be expanded to grant any additional authority other than what is already included in such contract. Limits home rule powers. Amends the Private College Campus Police Act making conforming changes.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0108LRB102 04046 AWJ 14062 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 Illinois Municipal Code is amended by
5adding Section 11-1-15 as follows:
 
6    (65 ILCS 5/11-1-15 new)
7    Sec. 11-1-15. Contracts with private colleges or
8universities for patrolling or policing.
9    (a) Notwithstanding any other provision of law, a
10municipality or municipal police department may not contract
11with a private college or private university to have the
12college's or university's campus police department patrol or
13police within the jurisdiction of the municipal police
14department.
15    (b) A contract in effect on the effective date of this
16amendatory Act of the 102nd General Assembly that conflicts
17with subsection (a) shall not be renewed, extended, or
18otherwise be expanded to grant any additional authority other
19than what is already included in such contract.
20    (c) The regulation of contracting by municipalities or
21municipal police departments for patrolling and policing by
22private college or university campus police departments are
23exclusive powers and functions of the State. A home rule

 

 

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1municipality may not regulate contracting by municipalities or
2municipal police departments for patrolling and policing by
3private college or university campus police departments. This
4Section is a denial and limitation of home rule powers and
5functions under subsection (h) of Section 6 of Article VII of
6the Illinois Constitution.
 
7    Section 10. The Private College Campus Police Act is
8amended by changing Section 1 as follows:
 
9    (110 ILCS 1020/1)  (from Ch. 144, par. 1951)
10    Sec. 1. The Board of Trustees of a private college or
11private university, may appoint persons to be members of a
12campus police department. The Board shall assign duties,
13including the enforcement of college or university
14regulations, and prescribe the oath of office. With respect to
15any such campus police department established for police
16protection, the members of such campus police department shall
17be persons who have successfully completed the Minimum
18Standards Basic Law Enforcement Training Course offered at a
19police training school established under the Illinois Police
20Training Act, as such Act may be now or hereafter amended. All
21members of such campus police departments must also
22successfully complete the Firearms Training for Peace Officers
23established under the Peace Officer and Probation Officer
24Firearm Training Act. Members of the campus police department

 

 

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1shall have the powers of municipal peace officers and county
2sheriffs, including the power to make arrests under the
3circumstances prescribed in Section 107-2 of the Code of
4Criminal Procedure of 1963, as amended, for violations of
5state statutes or municipal or county ordinances, including
6the ability to regulate and control traffic on the public way
7contiguous to the college or university property, for the
8protection of students, employees, visitors and their
9property, and the property branches, and interests of the
10college or university, in the county where the college or
11university is located. Campus police shall have no authority
12to serve civil process.
13    Members of the campus police department at a private
14college or private university shall not be eligible to
15participate in any State, county or municipal retirement fund
16and shall not be reimbursed for training with state funds. the
17uniforms, vehicles, and badges of such officers shall be
18distinctive from those of the local law enforcement agency
19where the main campus is located.
20    The Board of Trustees shall provide liability insurance
21coverage for each member of the campus police department
22without cost to the member, which insures the member against
23any liability which arises out of or in the course of the
24member's employment for no less than $250,000 of coverage,
25unless such indemnification is provided by a program of
26self-insurance.

 

 

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1    For the purposes of this Section, "private college" or
2"private university" means: (1) any college or university
3which is not owned or controlled by the State or any political
4subdivision thereof, and (2) which provides a program of
5education in residence leading to a baccalaureate degree, or
6which provides a program of education in residence, for which
7the baccalaureate degree is a prerequisite, leading to an
8academic or professional degree, and (3) which is accredited
9by the North Central Association or other nationally
10recognized accrediting agency.
11    A campus police department shall not contract with a
12municipality or municipal police department in violation of
13Section 11-1-15 of the Illinois Municipal Code.
14(Source: P.A. 98-725, eff. 1-1-15.)