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90_SB0369enr
65 ILCS 5/11-1-2 from Ch. 24, par. 11-1-2
65 ILCS 5/3.1-15-25 rep.
70 ILCS 1205/4-7 from Ch. 105, par. 4-7
Amends the Illinois Municipal Code. Provides that police
officers (now the mayor, alderman, president, trustees,
marshals, deputy marshals, and policemen) shall be
conservators of the peace and have the corresponding police
powers. Amends the Park District Code. Provides that police
officers (now board members and police officers) shall be
conservators of the peace. Effective immediately.
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SB369 Enrolled LRB9002517PTcw
1 AN ACT concerning peace officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Attorney General Act is amended by
5 changing Section 4c as follows:
6 (15 ILCS 205/4c) (from Ch. 14, par. 4c)
7 Sec. 4c. Subject to the qualifications set forth below,
8 investigators employed by the Attorney General shall be peace
9 officers and shall have all the powers possessed by policemen
10 in cities and by sheriffs; provided, that Attorney General's
11 investigators shall exercise such powers anywhere in the
12 State only after contact and in cooperation with the
13 appropriate local law enforcement agencies.
14 No investigator employed by the Attorney General shall
15 have peace officer status or exercise police powers unless he
16 or she successfully completes the basic police training
17 course mandated and approved by the Illinois Law Enforcement
18 Training Standards Board or such board waives the training
19 requirement by reason of the investigator's prior law
20 enforcement experience or training or both.
21 The board shall not waive the training requirement unless
22 the investigator has had a minimum of 5 years experience as a
23 sworn officer of a local, state or federal law enforcement
24 agency, 2 of which shall have been in an investigatory
25 capacity.
26 (Source: P.A. 88-586, eff. 8-12-94.)
27 Section 3. The Illinois Police Training Act is amended
28 by adding Section 10.5 as follows:
29 (50 ILCS 705/10.5 new)
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1 Sec. 10.5. Conservators of the Peace training course.
2 The Board shall initiate, administer, and conduct a training
3 course for conservators of the peace. The training course
4 may include all or any part of the subjects enumerated in
5 Section 7. The Board shall issue a certificate to those
6 persons successfully completing the course.
7 For the purposes of this Section, "conservators of the
8 peace" means those persons designated under Section 3.1-15-25
9 of the Illinois Municipal Code and Section 4-7 of the Park
10 District Code.
11 Section 5. The Illinois Municipal Code is amended by
12 changing Section 11-1-2 as follows:
13 (65 ILCS 5/11-1-2) (from Ch. 24, par. 11-1-2)
14 Sec. 11-1-2. Duties and powers of police officers.
15 (a) Police officers in municipalities shall be
16 conservators of the peace. They shall have the power (i) to
17 arrest or cause to be arrested, with or without process, all
18 persons who break the peace or are found violating any
19 municipal ordinance or any criminal law of the State, (ii) to
20 commit arrested persons for examination, (iii) if necessary,
21 to detain arrested persons in custody over night or Sunday in
22 any safe place or until they can be brought before the proper
23 court, and (iv) to exercise all other powers as conservators
24 of the peace prescribed by the corporate authorities.
25 (b) All warrants for the violation of municipal
26 ordinances or the State criminal law, directed to any person,
27 may be served and executed within the limits of a
28 municipality by any police officer of the municipality. For
29 that purpose, police officers have all the common law and
30 statutory powers of sheriffs.
31 (c) The corporate authorities of each municipality may
32 prescribe any additional the duties and powers of the all
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1 police officers.
2 (Source: Laws 1961, p. 576.)
3 Section 10. The Illinois Municipal Code is amended by
4 changing Section 3.1-15-25 as follows:
5 (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
6 Sec. 3.1-15-25. Conservators of the peace; service of
7 warrants.
8 (a) After receiving a certificate attesting to the
9 successful completion of a training course administered by
10 the Illinois Law Enforcement Training Standards Board, the
11 mayor, aldermen, president, trustees, marshal, deputy
12 marshals, and policemen in municipalities shall be
13 conservators of the peace. Those persons and others
14 authorized by ordinance shall have power (i) to arrest or
15 cause to be arrested, with or without process, all persons
16 who break the peace or are found violating any municipal
17 ordinance or any criminal law of the State, (ii) to commit
18 arrested persons for examination, (iii) if necessary, to
19 detain arrested persons in custody over night or Sunday in
20 any safe place or until they can be brought before the proper
21 court, and (iv) to exercise all other powers as conservators
22 of the peace prescribed by the corporate authorities.
23 (b) All warrants for the violation of municipal
24 ordinances or the State criminal law, directed to any person,
25 may be served and executed within the limits of a
26 municipality by any policeman or marshal of the municipality.
27 For that purpose, policemen and marshals have all the common
28 law and statutory powers of sheriffs.
29 (Source: P.A. 87-1119.)
30 Section 15. The Park District Code is amended by
31 changing Section 4-7 as follows:
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1 (70 ILCS 1205/4-7) (from Ch. 105, par. 4-7)
2 Sec. 4-7. Employees; police force. The board of any
3 park district may employ engineers, attorneys, clerks and
4 other employees, including a police force, as may be
5 required, and may define and prescribe their respective
6 duties and compensation. After receiving a certificate
7 attesting to the successful completion of a training course
8 administered by the Illinois Law Enforcement Training
9 Standards Board, the members of the board and all police
10 officers appointed by the board shall be conservators of the
11 peace within and upon the parks, boulevards, driveways, and
12 property controlled by that park district, and shall have
13 power to make arrests subject to the provisions of the Park
14 District Police Act. The exercise of such authority shall not
15 permit the possession or use of firearms by members of the
16 board.
17 (Source: P.A. 89-458, eff. 5-24-96.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.