Full Text of HB3751 103rd General Assembly
HB3751enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The Counties Code is amended by changing | 5 | | Sections 3-6033 and 3-7008 as follows:
| 6 | | (55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
| 7 | | Sec. 3-6033. Citizenship and residence. The It is unlawful | 8 | | for the
sheriff of any county of fewer than 1,000,000 | 9 | | inhabitants, or the corporate
authorities of any municipality | 10 | | may city, town or village to authorize, empower, employ , or
| 11 | | permit a any person to act as deputy sheriff or special | 12 | | policeman for the
purpose of preserving the peace , who is not a | 13 | | citizen of the United States , who is legally authorized under | 14 | | federal law to work in the United States and is authorized | 15 | | under federal law to obtain, carry, or purchase or otherwise | 16 | | possess a firearm, or who is an individual against whom | 17 | | immigration action has been deferred by the U.S. Citizenship | 18 | | and Immigration Services under the federal Deferred Action for | 19 | | Childhood Arrivals (DACA) process and is authorized under | 20 | | federal law to obtain, carry, or purchase or otherwise possess | 21 | | a firearm .
| 22 | | (Source: P.A. 86-962; 87-357.)
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| 1 | | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
| 2 | | Sec. 3-7008. Appointments. The appointment of deputy | 3 | | sheriffs in the
Police Department, full-time deputy sheriffs | 4 | | not employed as county police
officers or county corrections | 5 | | officers and of employees in the Department
of Corrections | 6 | | shall be made from those applicants who have been certified
by | 7 | | the Board as being qualified for appointment. Certification | 8 | | for
appointment in one department shall not constitute | 9 | | certification for
appointment in another department. | 10 | | Certification may be made at any point prior to appointment | 11 | | and may be made in conjunction with the Sheriff's application | 12 | | process. All persons so appointed shall, at the
time of their | 13 | | appointment, be not less than 21 years of age, or 20 years of
| 14 | | age and have successfully completed 2 years of law enforcement | 15 | | studies at
an accredited college or university. Any person | 16 | | appointed subsequent to
successful completion of 2 years of | 17 | | such law enforcement studies shall not
have power of arrest, | 18 | | nor shall he or she be permitted to carry firearms,
until he or | 19 | | she reaches 21 years of age. Any person appointed shall be a | 20 | | citizen of the United States, an individual who is legally | 21 | | authorized to work
in the United States under federal law and | 22 | | is authorized under federal law to obtain, carry, or purchase | 23 | | or otherwise possess a firearm, or an individual against whom | 24 | | immigration action has been deferred by the U.S. Citizenship | 25 | | and Immigration Services under the federal Deferred Action for | 26 | | Childhood Arrivals (DACA) process and who is authorized under |
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| 1 | | federal law to obtain, carry, or purchase or otherwise possess | 2 | | a firearm. In addition,
all persons so appointed shall be not | 3 | | more than the maximum age limit fixed
by the Board from time to | 4 | | time, be of sound mind and body, be of good moral
character, be | 5 | | citizens of the United States, have not been convicted of a | 6 | | crime
which the Board considers to be detrimental to the | 7 | | applicant's ability to
carry out his or her duties, possess | 8 | | such prerequisites of training, education
and experience as | 9 | | the Board may from time to time prescribe, and shall be
| 10 | | required to pass successfully mental, physical, psychiatric | 11 | | and other tests
and examinations as may be prescribed by the | 12 | | Board. Preference shall be
given in such appointments to | 13 | | persons who have honorably served in the
military or naval | 14 | | services of the United States. All appointees shall serve a
| 15 | | probationary period of 12 months and during that period may be | 16 | | discharged
at the will of the Sheriff. However, civil service | 17 | | employees of the house
of correction who have certified status | 18 | | at the time of the transfer of the
house of correction to the | 19 | | County Department of Corrections are not subject
to this | 20 | | probationary period, and they shall retain their job titles, | 21 | | such
tenure privileges as are now enjoyed and any subsequent | 22 | | title changes shall
not cause reduction in rank or elimination | 23 | | of positions.
| 24 | | (Source: P.A. 100-912, eff. 8-17-18.)
| 25 | | Section 5. The Illinois Municipal Code is amended by |
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| 1 | | changing Sections 10-1-7 and 10-2.1-6 as follows:
| 2 | | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| 3 | | Sec. 10-1-7. Examination of applicants; disqualifications.
| 4 | | (a) All applicants for offices or places in the classified | 5 | | service, except
those mentioned in Section 10-1-17, are | 6 | | subject to examination. The
examination shall be public, | 7 | | competitive, and open to all citizens of the
United States, | 8 | | with specified limitations as to residence, age, health, | 9 | | habits ,
and moral character. An individual who is not a | 10 | | citizen but is legally authorized to work
in the United States | 11 | | under federal law or is an individual against whom immigration | 12 | | action has been deferred by the U.S. Citizenship and | 13 | | Immigration Services under the federal Deferred Action for | 14 | | Childhood Arrivals (DACA) process is authorized to apply for | 15 | | the position of police officer, subject to (i) all | 16 | | requirements and limitations, other than citizenship, to which | 17 | | other applicants are subject and (ii) the individual being | 18 | | authorized under federal law to obtain, carry, or purchase or | 19 | | otherwise possess a firearm.
| 20 | | (b) Residency requirements in effect at the time an | 21 | | individual enters the
fire or police service of a municipality | 22 | | (other than a municipality that
has more than 1,000,000 | 23 | | inhabitants) cannot be made more restrictive
for that | 24 | | individual during his or her period of service for that | 25 | | municipality,
or be made a condition of promotion, except for |
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| 1 | | the rank or position of Fire or
Police Chief.
| 2 | | (c) No person with a record of misdemeanor convictions | 3 | | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | 4 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | 5 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, | 6 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | 7 | | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), | 8 | | (6), and
(8) of subsection (a) of Section 24-1 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012 or arrested for any | 10 | | cause but
not convicted on that cause shall be disqualified | 11 | | from taking the examination
on grounds of habits or moral | 12 | | character, unless the person is attempting to
qualify for a | 13 | | position on the police department, in which case the | 14 | | conviction
or arrest may be considered as a factor in | 15 | | determining the person's habits or
moral character.
| 16 | | (d) Persons entitled to military preference under Section | 17 | | 10-1-16
shall not be subject to limitations specifying age | 18 | | unless they are
applicants for a position as a fireman or a | 19 | | policeman having no previous
employment status as a fireman or | 20 | | policeman in the regularly constituted
fire or police | 21 | | department of the municipality, in which case they must not
| 22 | | have attained their 35th birthday, except any person who has | 23 | | served as an
auxiliary police officer under Section 3.1-30-20 | 24 | | for at least 5 years and is
under 40 years of age.
| 25 | | (e) All employees of a municipality of less than 500,000 | 26 | | population (except
those who would be excluded from the |
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| 1 | | classified service as provided in this
Division 1) who are | 2 | | holding that employment as of the date a municipality
adopts | 3 | | this Division 1, or as of July 17, 1959, whichever date is the | 4 | | later,
and who have held that employment for at least 2 years | 5 | | immediately before that
later date, and all firemen and | 6 | | policemen regardless of length of service who
were either | 7 | | appointed to their respective positions by the board of fire | 8 | | and
police commissioners under the provisions of Division 2 of | 9 | | this Article or who
are serving in a position (except as a | 10 | | temporary employee) in the fire or
police department in the | 11 | | municipality on the date a municipality adopts
this Division | 12 | | 1, or as of July 17, 1959, whichever date is the later, shall
| 13 | | become members of the classified civil service of the | 14 | | municipality
without examination.
| 15 | | (f) The examinations shall be practical in their | 16 | | character, and shall
relate to those matters that will fairly | 17 | | test the relative capacity of the
persons examined to | 18 | | discharge the duties of the positions to which they
seek to be | 19 | | appointed. The examinations shall include tests of physical
| 20 | | qualifications, health, and (when appropriate) manual skill. | 21 | | If an applicant
is unable to pass the physical examination | 22 | | solely as the result of an injury
received by the applicant as | 23 | | the result of the performance of an act of duty
while working | 24 | | as a temporary employee in the position for which he or she is
| 25 | | being examined, however, the physical examination shall be | 26 | | waived and the
applicant shall be considered to have passed |
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| 1 | | the examination. No questions in
any examination shall relate | 2 | | to political or religious opinions or
affiliations. Results of | 3 | | examinations and the eligible registers prepared from
the | 4 | | results shall be published by the commission within 60 days | 5 | | after any
examinations are held.
| 6 | | (g) The commission shall control all examinations, and | 7 | | may, whenever an
examination is to take place, designate a | 8 | | suitable number of persons,
either in or not in the official | 9 | | service of the municipality, to be
examiners. The examiners | 10 | | shall conduct the examinations as directed by the
commission | 11 | | and shall make a return or report of the examinations to the
| 12 | | commission. If the appointed examiners are in the official | 13 | | service of the
municipality, the examiners shall not receive | 14 | | extra compensation for conducting
the examinations unless the | 15 | | examiners are subject to a collective bargaining agreement | 16 | | with the municipality. The commission may at any time | 17 | | substitute any other person,
whether or not in the service of | 18 | | the municipality, in the place of any one
selected as an | 19 | | examiner. The commission members may themselves at any time | 20 | | act
as examiners without appointing examiners. The examiners | 21 | | at any examination
shall not all be members of the same | 22 | | political party.
| 23 | | (h) In municipalities of 500,000 or more population, no | 24 | | person who has
attained his or her 35th birthday shall be | 25 | | eligible to take an examination for
a position as a fireman or | 26 | | a policeman unless the person has had previous
employment |
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| 1 | | status as a policeman or fireman in the regularly constituted | 2 | | police
or fire department of the municipality, except as | 3 | | provided in this Section.
| 4 | | (i) In municipalities of more than 5,000 but not more than | 5 | | 200,000
inhabitants, no person who has attained his or her | 6 | | 35th birthday shall be
eligible to take an examination for a | 7 | | position as a fireman or a policeman
unless the person has had | 8 | | previous employment status as a policeman or fireman
in the | 9 | | regularly constituted police or fire department of the | 10 | | municipality,
except as provided in this Section.
| 11 | | (j) In all municipalities, applicants who are 20 years of | 12 | | age and who have
successfully completed 2 years of law | 13 | | enforcement studies at an accredited
college or university may | 14 | | be considered for appointment to active duty with
the police | 15 | | department. An applicant described in this subsection (j) who | 16 | | is
appointed to active duty shall not have power of arrest, nor | 17 | | shall the
applicant be permitted to carry firearms, until he | 18 | | or she reaches 21 years of
age.
| 19 | | (k) In municipalities of more than 500,000 population, | 20 | | applications for
examination for and appointment to positions | 21 | | as firefighters or police
shall be made available at various | 22 | | branches of the public library of the
municipality.
| 23 | | (l) No municipality having a population less than | 24 | | 1,000,000 shall require
that any fireman appointed to the | 25 | | lowest rank serve a probationary employment
period of longer | 26 | | than one year. The limitation on periods of probationary
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| 1 | | employment provided in Public Act 86-990 is an exclusive power | 2 | | and
function of the State. Pursuant to subsection (h) of | 3 | | Section 6 of Article VII
of the Illinois Constitution, a home | 4 | | rule municipality having a population less
than 1,000,000 must | 5 | | comply with this limitation on periods of probationary
| 6 | | employment, which is a denial and limitation of home rule | 7 | | powers.
Notwithstanding anything to the contrary in this | 8 | | Section, the probationary
employment period limitation may be | 9 | | extended for a firefighter who is required, as a condition of | 10 | | employment, to be a licensed paramedic, during which time the | 11 | | sole reason that a firefighter may be discharged without a | 12 | | hearing is for failing to meet the requirements for paramedic | 13 | | licensure.
| 14 | | (m) To the extent that this Section or any other Section in | 15 | | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, | 16 | | then Section 10-1-7.1 or 10-1-7.2 shall control. | 17 | | (Source: P.A. 102-813, eff. 5-13-22.)
| 18 | | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| 19 | | Sec. 10-2.1-6. Examination of applicants; | 20 | | disqualifications.
| 21 | | (a) All applicants for a position in either the fire or | 22 | | police department
of the municipality shall be under 35 years | 23 | | of age, shall be subject to an
examination that shall be | 24 | | public, competitive, and open to all applicants
(unless the | 25 | | council or board of trustees by ordinance limit applicants to
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| 1 | | electors of the municipality, county, state , or nation) and | 2 | | shall be subject to
reasonable limitations as to residence, | 3 | | health, habits, and moral character. An individual who is not | 4 | | a citizen but is legally authorized to work
in the United | 5 | | States under federal law or is an individual against whom | 6 | | immigration action has been deferred by the U.S. Citizenship | 7 | | and Immigration Services under the federal Deferred Action for | 8 | | Childhood Arrivals (DACA) process is authorized to apply for | 9 | | the position of police officer, subject to (i) all | 10 | | requirements and limitations, other than citizenship, to which | 11 | | other applicants are subject and (ii) the individual being | 12 | | authorized under federal law to obtain, carry, or purchase or | 13 | | otherwise possess a firearm.
The municipality may not charge | 14 | | or collect any fee from an applicant who has
met all | 15 | | prequalification standards established by the municipality for | 16 | | any such
position. With respect to a police department, a | 17 | | veteran shall be allowed to exceed the maximum age provision | 18 | | of this Section by the number of years served on active | 19 | | military duty, but by no more than 10 years of active military | 20 | | duty.
| 21 | | (b) Residency requirements in effect at the time an | 22 | | individual enters the
fire or police service of a municipality | 23 | | (other than a municipality that
has more than 1,000,000 | 24 | | inhabitants) cannot be made more restrictive for
that | 25 | | individual during his period of service for that municipality, | 26 | | or be
made a condition of promotion, except for the rank or |
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| 1 | | position of Fire or
Police Chief.
| 2 | | (c) No person with a record of misdemeanor convictions | 3 | | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | 4 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | 5 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
| 6 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | 7 | | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), | 8 | | (6), and (8) of subsection (a) of
Section 24-1 of the Criminal | 9 | | Code of 1961 or the Criminal Code of 2012, or arrested for any | 10 | | cause but not
convicted on that cause shall be disqualified | 11 | | from taking the examination to
qualify for a position in the | 12 | | fire department on grounds of habits or moral
character.
| 13 | | (d) The age limitation in subsection (a) does not apply | 14 | | (i) to any person
previously employed as a policeman or | 15 | | fireman in a regularly constituted police
or fire department | 16 | | of (I) any municipality, regardless of whether the | 17 | | municipality is located in Illinois or in another state, or | 18 | | (II) a fire protection district
whose obligations were assumed | 19 | | by a municipality under Section 21 of the Fire
Protection | 20 | | District Act, (ii) to any person who has served a municipality | 21 | | as a
regularly enrolled volunteer fireman for 5 years | 22 | | immediately preceding the time
that municipality begins to use | 23 | | full time firemen to provide all or part of its
fire protection | 24 | | service, or (iii) to any person who has served as an auxiliary | 25 | | police officer under Section 3.1-30-20 for at least 5 years | 26 | | and is under 40 years of
age, (iv) to any person who has served |
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| 1 | | as a deputy under Section 3-6008 of
the Counties Code and | 2 | | otherwise meets necessary training requirements, or (v) to any | 3 | | person who has served as a sworn officer as a member of the | 4 | | Illinois State Police.
| 5 | | (e) Applicants who are 20 years of age and who have | 6 | | successfully completed 2
years of law enforcement studies at | 7 | | an accredited college or university may be
considered for | 8 | | appointment to active duty with the police department. An
| 9 | | applicant described in this subsection (e) who is appointed to | 10 | | active duty
shall not have power of arrest, nor shall the | 11 | | applicant be permitted to carry
firearms, until he or she | 12 | | reaches 21 years of age.
| 13 | | (f) Applicants who are 18 years of age and who have | 14 | | successfully
completed 2 years of study in fire techniques, | 15 | | amounting to a total of 4
high school credits, within the cadet | 16 | | program of a municipality may be
considered for appointment to | 17 | | active duty with the fire department of any
municipality.
| 18 | | (g) The council or board of trustees may by ordinance | 19 | | provide
that persons residing outside the municipality are | 20 | | eligible to take the
examination.
| 21 | | (h) The examinations shall be practical in character and | 22 | | relate to
those matters that will fairly test the capacity of | 23 | | the persons examined
to discharge the duties of the positions | 24 | | to which they seek appointment. No
person shall be appointed | 25 | | to the police or fire department if he or she does
not possess | 26 | | a high school diploma or an equivalent high school education.
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| 1 | | A board of fire and police commissioners may, by its rules, | 2 | | require police
applicants to have obtained an associate's | 3 | | degree or a bachelor's degree as a
prerequisite for | 4 | | employment. The
examinations shall include tests of physical | 5 | | qualifications and health. A board of fire and police | 6 | | commissioners may, by its rules, waive portions of the | 7 | | required examination for police applicants who have previously | 8 | | been full-time sworn officers of a regular police department | 9 | | in any municipal, county, university, or State law enforcement | 10 | | agency, provided they are certified by the Illinois Law | 11 | | Enforcement Training Standards Board and have been with their | 12 | | respective law enforcement agency within the State for at | 13 | | least 2 years. No
person shall be appointed to the police or | 14 | | fire department if he or she has
suffered the amputation of any | 15 | | limb unless the applicant's duties will be only
clerical or as | 16 | | a radio operator. No applicant shall be examined concerning | 17 | | his
or her political or religious opinions or affiliations. | 18 | | The examinations shall
be conducted by the board of fire and | 19 | | police commissioners of the municipality
as provided in this | 20 | | Division 2.1.
| 21 | | The requirement that a police applicant possess an | 22 | | associate's degree under this subsection may be waived if one | 23 | | or more of the following applies: (1) the applicant has served | 24 | | for 24 months of honorable active duty in the United States | 25 | | Armed Forces and has not been discharged dishonorably or under | 26 | | circumstances other than honorable; (2) the applicant has |
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| 1 | | served for 180 days of active duty in the United States Armed | 2 | | Forces in combat duty recognized by the Department of Defense | 3 | | and has not been discharged dishonorably or under | 4 | | circumstances other than honorable; or (3) the applicant has | 5 | | successfully received credit for a minimum of 60 credit hours | 6 | | toward a bachelor's degree from an accredited college or | 7 | | university. | 8 | | The requirement that a police applicant possess a | 9 | | bachelor's degree under this subsection may be waived if one | 10 | | or more of the following applies: (1) the applicant has served | 11 | | for 36 months of honorable active duty in the United States | 12 | | Armed Forces and has not been discharged dishonorably or under | 13 | | circumstances other than honorable or (2) the applicant has | 14 | | served for 180 days of active duty in the United States Armed | 15 | | Forces in combat duty recognized by the Department of Defense | 16 | | and has not been discharged dishonorably or under | 17 | | circumstances other than honorable. | 18 | | (i) No person who is classified by his local selective | 19 | | service draft board
as a conscientious objector, or who has | 20 | | ever been so classified, may be
appointed to the police | 21 | | department.
| 22 | | (j) No person shall be appointed to the police or fire | 23 | | department unless he
or she is a person of good character and | 24 | | not an habitual drunkard, gambler, or
a person who has been | 25 | | convicted of a felony or a crime involving moral
turpitude. No | 26 | | person, however, shall be disqualified from appointment to the
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| 1 | | fire department because of his or her record of misdemeanor | 2 | | convictions except
those under Sections 11-1.50, 11-6, 11-7, | 3 | | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| 4 | | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | 5 | | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | 6 | | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | 7 | | paragraphs (1), (6), and (8) of subsection (a) of Section
24-1 | 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or | 9 | | arrest for any cause without conviction on
that cause. Any | 10 | | such person who is in the department may be removed on charges
| 11 | | brought and after a trial as provided in this Division 2.1.
| 12 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2024.
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