State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_SB1571eng

 
SB1571 Engrossed                              LRB9112749REmbA

 1        AN ACT concerning municipal officers and firearms.

 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 3.1-15-25 as follows:

 6        (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
 7        Sec. 3.1-15-25.  Conservators of the  peace;  service  of
 8    warrants.
 9        (a)  After  receiving  a  certificate  attesting  to  the
10    successful  completion  of  a training course administered by
11    the Illinois Law Enforcement Training  Standards  Board,  the
12    mayor,   aldermen,   president,   trustees,  marshal,  deputy
13    marshals,  and   policemen   in   municipalities   shall   be
14    conservators   of   the  peace.   Those  persons  and  others
15    authorized by ordinance shall have power  (i)  to  arrest  or
16    cause  to  be  arrested, with or without process, all persons
17    who break the peace or  are  found  violating  any  municipal
18    ordinance  or  any  criminal law of the State, (ii) to commit
19    arrested persons for  examination,  (iii)  if  necessary,  to
20    detain  arrested  persons  in custody over night or Sunday in
21    any safe place or until they can be brought before the proper
22    court, and (iv) to exercise all other powers as  conservators
23    of the peace prescribed by the corporate authorities.
24        (a-5)  The  mayor,  president,  aldermen,  trustees,  and
25    commissioners in municipalities, however, shall not be deemed
26    peace,  police,  or  law enforcement officers and do not have
27    any authority by virtue of holding any of those offices or by
28    virtue of being conservators of the peace to possess,  carry,
29    or   use   any   firearm.    This  subsection  (a-5)  applies
30    notwithstanding  any  other  law  to  the   contrary.    This
31    subsection  (a-5) applies to all municipalities, whether home
 
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 1    rule or non-home rule, and to all such  officers  elected  or
 2    appointed  under  this  Code,  under  the  Revised Cities and
 3    Villages Act of 1941, or under any other law.  The regulation
 4    of possessing, carrying, and using firearms by such  officers
 5    as  provided  in  this subsection (a-5) is an exclusive power
 6    and function of the State.  This subsection (a-5) is a denial
 7    and limitation  of  home  rule  powers  and  functions  under
 8    subsection  (h)  of  Section 6 of Article VII of the Illinois
 9    Constitution.
10        (b)  All  warrants  for  the   violation   of   municipal
11    ordinances or the State criminal law, directed to any person,
12    may   be   served   and  executed  within  the  limits  of  a
13    municipality by any policeman or marshal of the municipality.
14    For that purpose, policemen and marshals have all the  common
15    law and statutory powers of sheriffs.
16    (Source: P.A. 90-540, eff. 12-1-97.)

17        Section  10.   The  Criminal  Code  of 1961 is amended by
18    changing Section 2-13 as follows:

19        (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
20        Sec. 2-13. "Peace officer".  "Peace  officer"  means  any
21    person  who  by  virtue of his office or public employment is
22    vested by law with a duty to maintain public order or to make
23    arrests for  offenses,  whether  that  duty  extends  to  all
24    offenses or is limited to specific offenses.
25        "Peace  officer" does not include, however, a conservator
26    of  the  peace  under  Section  3.1-15-25  of  the   Illinois
27    Municipal Code.
28        For  purposes  of  Sections  concerning  unlawful  use of
29    weapons, for the purposes  of  assisting  an  Illinois  peace
30    officer  in  an  arrest,  or  when the commission of a felony
31    under Illinois law is directly observed by the  person,  then
32    officers,  agents  or  employees  of  the  federal government
 
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 1    commissioned  by  federal  statute  to   make   arrests   for
 2    violations  of  federal  criminal  laws  shall  be considered
 3    "peace officers" under this Code, including, but not  limited
 4    to all criminal investigators of:
 5        (1)  The United States Department of Justice, The Federal
 6    Bureau  of Investigation, The Drug Enforcement Agency and The
 7    Department of Immigration and Naturalization;
 8        (2)  The United States Department of  the  Treasury,  The
 9    Secret  Service,  The Bureau of Alcohol, Tobacco and Firearms
10    and The Customs Service;
11        (3)  The United States Internal Revenue Service;
12        (4)  The United States General Services Administration;
13        (5)  The United States Postal Service; and
14        (6)  all United States Marshalls or Deputy United  States
15    Marshalls  whose  duties  involve  the enforcement of federal
16    criminal laws.
17    (Source: P.A. 88-677, eff. 12-15-94.)

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