Illinois General Assembly - Full Text of HB5688
Illinois General Assembly

Previous General Assemblies

Full Text of HB5688  98th General Assembly




HB5688 EnrolledLRB098 17408 RLC 52508 b

1    AN ACT concerning law enforcement officers.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17laws or ordinances.
18    "Law enforcement officer" means any officer, agent, or
19employee of this State or a unit of local government authorized
20by law or by a government agency to engage in or supervise the
21prevention, detection, or investigation of any violation of
22criminal law, or authorized by law to supervise sentenced
23criminal offenders.



HB5688 Enrolled- 2 -LRB098 17408 RLC 52508 b

1    "Recruit" means any full-time or part-time law enforcement
2officer or full-time county corrections officer who is enrolled
3in an approved training course.
4    Section 10. Law enforcement agencies to provide
5bulletproof vests for officers.
6    (a) Each law enforcement agency within this State shall
7provide a bulletproof vest for every law enforcement officer of
8that agency who is employed as a new recruit by that agency on
9or after the effective date of this Act as part of the
10officer's initial equipment issue.
11    (b) All officer bulletproof vests shall be replaced before
12or at the expiration of the warranty period of the vest at the
13expense of the law enforcement agency.
14    (c) The State or unit of local government which has
15jurisdiction over the law enforcement agency shall apply to the
16United States Department of Justice under the Bulletproof Vest
17Partnership Grant Act of 1998 or a successor Act for matching
18grants of the purchase price of the bulletproof vests for the
19officers of the law enforcement agency.
20    (d) If the law enforcement agency is a local law
21enforcement agency and not a State agency, the costs of
22purchasing the bulletproof vests shall be from State funds and
23from the funds of the unit of local government, including the
24matching grants received from the United States Department of



HB5688 Enrolled- 3 -LRB098 17408 RLC 52508 b

1    Section 15. Applicability. If substantial funding for the
2purchase of bulletproof vests is provided to law enforcement
3agencies by the federal government and State government, the
4law enforcement agency shall comply with the provisions of this
5Act. This Act does not apply to a law enforcement agency if any
6one of the following is applicable:
7    (1) substantial funding, as determined by the Illinois Law
8Enforcement Training Standards Board, is not provided to that
9agency by the federal and State government;
10    (2) the law enforcement agency collectively bargains with
11its officers or exclusive representative of the officers for
12uniform allowances, and bulletproof vests are considered to be
13a part of the uniform for which the allowance is given; or
14    (3) the law enforcement agency collectively bargains with
15its officers or exclusive representative of the officers for
16the provision of bulletproof vests.
17    Section 905. The Illinois Police Training Act is amended by
18changing Section 9 as follows:
19    (50 ILCS 705/9)  (from Ch. 85, par. 509)
20    Sec. 9. A special fund is hereby established in the State
21Treasury to be known as "The Traffic and Criminal Conviction
22Surcharge Fund" and shall be financed as provided in Section
239.1 of this Act and Section 5-9-1 of the "Unified Code of



HB5688 Enrolled- 4 -LRB098 17408 RLC 52508 b

1Corrections", unless the fines, costs or additional amounts
2imposed are subject to disbursement by the circuit clerk under
3Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
4shall be expended as follows:
5        (1) A portion of the total amount deposited in the Fund
6    may be used, as appropriated by the General Assembly, for
7    the ordinary and contingent expenses of the Illinois Law
8    Enforcement Training Standards Board;
9        (2) A portion of the total amount deposited in the Fund
10    shall be appropriated for the reimbursement of local
11    governmental agencies participating in training programs
12    certified by the Board, in an amount equaling 1/2 of the
13    total sum paid by such agencies during the State's previous
14    fiscal year for mandated training for probationary police
15    officers or probationary county corrections officers and
16    for optional advanced and specialized law enforcement or
17    county corrections training. These reimbursements may
18    include the costs for tuition at training schools, the
19    salaries of trainees while in schools, and the necessary
20    travel and room and board expenses for each trainee. If the
21    appropriations under this paragraph (2) are not sufficient
22    to fully reimburse the participating local governmental
23    agencies, the available funds shall be apportioned among
24    such agencies, with priority first given to repayment of
25    the costs of mandatory training given to law enforcement
26    officer or county corrections officer recruits, then to



HB5688 Enrolled- 5 -LRB098 17408 RLC 52508 b

1    repayment of costs of advanced or specialized training for
2    permanent police officers or permanent county corrections
3    officers;
4        (3) A portion of the total amount deposited in the Fund
5    may be used to fund the "Intergovernmental Law Enforcement
6    Officer's In-Service Training Act", veto overridden
7    October 29, 1981, as now or hereafter amended, at a rate
8    and method to be determined by the board;
9        (4) A portion of the Fund also may be used by the
10    Illinois Department of State Police for expenses incurred
11    in the training of employees from any State, county or
12    municipal agency whose function includes enforcement of
13    criminal or traffic law;
14        (5) A portion of the Fund may be used by the Board to
15    fund grant-in-aid programs and services for the training of
16    employees from any county or municipal agency whose
17    functions include corrections or the enforcement of
18    criminal or traffic law; and
19        (6) For fiscal years 2013 and 2014 only, a portion of
20    the Fund also may be used by the Department of State Police
21    to finance any of its lawful purposes or functions; and .
22        (7) A portion of the Fund may be used by the Board,
23    subject to appropriation, to administer grants to local law
24    enforcement agencies for the purpose of purchasing
25    bulletproof vests under the Law Enforcement Officer
26    Bulletproof Vest Act.



HB5688 Enrolled- 6 -LRB098 17408 RLC 52508 b

1    All payments from the Traffic and Criminal Conviction
2Surcharge Fund shall be made each year from moneys appropriated
3for the purposes specified in this Section. No more than 50% of
4any appropriation under this Act shall be spent in any city
5having a population of more than 500,000. The State Comptroller
6and the State Treasurer shall from time to time, at the
7direction of the Governor, transfer from the Traffic and
8Criminal Conviction Surcharge Fund to the General Revenue Fund
9in the State Treasury such amounts as the Governor determines
10are in excess of the amounts required to meet the obligations
11of the Traffic and Criminal Conviction Surcharge Fund.
12(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)