State of Illinois
91st General Assembly

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 1        AN ACT concerning police and firefighters.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Municipal  Code is amended by
 5    changing 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;
 8    disqualifications.
 9        (a)  All applicants for a position in either the fire  or
10    police department of the municipality shall be under 35 years
11    of  age,  shall  be  subject  to an examination that shall be
12    public, competitive, and open to all applicants  (unless  the
13    council or board of trustees by ordinance limit applicants to
14    electors  of  the  municipality, county, state or nation) and
15    shall be subject to reasonable limitations as  to  residence,
16    health,  habits,  and  moral character.  The municipality may
17    not charge or collect any fee from an applicant who  has  met
18    all    prequalification    standards   established   by   the
19    municipality for any such position.
20        (b)  Residency requirements in  effect  at  the  time  an
21    individual   enters   the   fire   or  police  service  of  a
22    municipality (other than a municipality that  has  more  than
23    1,000,000  inhabitants)  cannot  be made more restrictive for
24    that individual during his or her period of service for  that
25    municipality, or be made a condition of promotion, except for
26    the rank or position of Fire or Police Chief.
27        (c)  No  person  with a record of misdemeanor convictions
28    except those under Sections 11-6, 11-7, 11-9,  11-14,  11-15,
29    11-17,  11-18,  11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
30    24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
31    32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
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 1    24-1 of the Criminal Code of 1961 or arrested for  any  cause
 2    but  not  convicted  on that cause shall be disqualified from
 3    taking the examination to qualify for a position in the  fire
 4    department on grounds of habits or moral character.
 5        (d)  The  age limitation in subsection (a) does not apply
 6    (i) to any person  previously  employed  as  a  policeman  or
 7    fireman  in a regularly constituted police or fire department
 8    of (I) any municipality or (II) a  fire  protection  district
 9    whose  obligations  were  assumed  by  a  municipality  under
10    Section  21  of the Fire Protection District Act, (ii) to any
11    person who has served a municipality as a regularly  enrolled
12    volunteer  fireman for 5 years immediately preceding the time
13    that municipality begins to use full time firemen to  provide
14    all  or  part of its fire protection service, or (iii) to any
15    person who has served as an auxiliary policeman under Section
16    3.1-30-20 for at least 5 years and is under 40 years of age.
17        (e)  Applicants who are 20 years  of  age  and  who  have
18    successfully  completed 2 years of law enforcement studies at
19    an accredited college or university  may  be  considered  for
20    appointment  to  active  duty with the police department.  An
21    applicant described in this subsection (e) who  is  appointed
22    to  active duty shall not have power of arrest, nor shall the
23    applicant be permitted to carry firearms,  until  he  or  she
24    reaches 21 years of age.
25        (f)  Applicants  who  are  18  years  of age and who have
26    successfully completed 2 years of study in  fire  techniques,
27    amounting  to  a  total  of 4 high school credits, within the
28    cadet  program  of  a  municipality  may  be  considered  for
29    appointment to active duty with the fire  department  of  any
30    municipality.
31        (g)  The  council  or  board of trustees may by ordinance
32    provide that persons residing outside  the  municipality  are
33    eligible to take the examination.
34        (h)  The examinations shall be practical in character and
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 1    relate to those matters that will fairly test the capacity of
 2    the persons examined to discharge the duties of the positions
 3    to  which they seek appointment. No person shall be appointed
 4    to the police or fire  department  if  he  or  she  does  not
 5    possess  a  high  school diploma or an equivalent high school
 6    education. A board of fire and police commissioners  may,  by
 7    its  rules,  require  police  applicants  to have obtained an
 8    associate's degree or a bachelor's degree as  a  prerequisite
 9    for  employment.   The  examinations  shall  include tests of
10    physical  qualifications  and  health.  No  person  shall  be
11    appointed to the police or fire department if he or  she  has
12    suffered  the  amputation  of any limb unless the applicant's
13    duties will be only clerical or  as  a  radio  operator.   No
14    applicant  shall  be examined concerning his or her political
15    or religious  opinions  or  affiliations.   The  examinations
16    shall   be   conducted  by  the  board  of  fire  and  police
17    commissioners  of  the  municipality  as  provided  in   this
18    Division 2.1.
19        (i)  No  person  who is classified by his local selective
20    service draft board as a conscientious objector, or  who  has
21    ever  been  so  classified,  may  be  appointed to the police
22    department.
23        (j)  No person shall be appointed to the police  or  fire
24    department unless he or she is a person of good character and
25    not  an  habitual drunkard, gambler, or a person who has been
26    convicted of a felony or a crime involving  moral  turpitude.
27    No person, however, shall be disqualified from appointment to
28    the   fire  department  because  of  his  or  her  record  of
29    misdemeanor convictions except  those  under  Sections  11-6,
30    11-7,  11-9,  11-14,  11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
31    12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5,  25-1,  28-3,  31-1,
32    31-4,   31-6,   31-7,  32-1,  32-2,  32-3,  32-4,  32-8,  and
33    subsections (1), (6) and (8) of Section 24-1 of the  Criminal
34    Code  of  1961  or arrest for any cause without conviction on
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 1    that cause. Any such person who is in the department  may  be
 2    removed  on  charges brought and after a trial as provided in
 3    this Division 2.1.
 4    (Source: P.A. 89-52,  eff.  6-30-95;  90-445,  eff.  8-16-97;
 5    90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)

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