State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


HB0148 Enrolled                                LRB9201397MWpk

 1        AN ACT concerning police officers.

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

 4        Section  5.   The Illinois Police Training Act is amended
 5    by changing  Section  8.2  and  by  adding  Section  10.2  as
 6    follows:

 7        (50 ILCS 705/8.2)
 8        Sec. 8.2. Part-time police officers.
 9        (a)  A  person  hired  to  serve  as  a  part-time police
10    officer  must  obtain  from  the  Board  a  certificate   (i)
11    attesting   to  his  or  her  successful  completion  of  the
12    part-time police training course; (ii) attesting  to  his  or
13    her  satisfactory completion of a training program of similar
14    content and number of hours that has been found acceptable by
15    the  Board  under  the  provisions  of  this  Act;  or  (iii)
16    attesting to the Board's  determination  that  the  part-time
17    police training course is unnecessary because of the person's
18    extensive prior law enforcement experience. A person hired on
19    or  after  the  effective  date of this amendatory Act of the
20    92nd General Assembly must obtain this certificate within  18
21    months  after  the  initial  date  of  hire as a probationary
22    part-time police  officer  in  the  State  of  Illinois.  The
23    probationary  part-time  police  officer must be enrolled and
24    accepted into a Board-approved course within 6  months  after
25    active  employment  by  any department in the State. A person
26    hired on or after January 1, 1996 and  before  the  effective
27    date of this amendatory Act of the 92nd General Assembly must
28    obtain  this  certificate  within 18 months after the date of
29    hire.  A person hired before January 1, 1996 must obtain this
30    certificate within 24 months after the effective date of this
31    amendatory Act of 1995.
HB0148 Enrolled            -2-                 LRB9201397MWpk
 1        The employing agency may seek a  waiver  from  the  Board
 2    extending  the  period  for  compliance.   A  waiver shall be
 3    issued  only  for  good  and  justifiable  reasons,  and  the
 4    probationary part-time police officer may not practice  as  a
 5    part-time police officer during the waiver period and may not
 6    extend  the initial period by more than 90 days.  If training
 7    is required and not  completed  within  the  applicable  time
 8    period,  as  extended by any waiver that may be granted, then
 9    the officer must forfeit his or her position.
10        (b)  (Blank).
11        (c)  The  part-time police training course referred to in
12    this Section shall be of similar content and the same  number
13    of  hours  as the courses for full-time officers and shall be
14    provided by Mobile Team In-Service Training Units  under  the
15    Intergovernmental   Law   Enforcement   Officer's  In-Service
16    Training Act or by another approved program or facility in  a
17    manner prescribed by the Board.
18        (d)  For  the  purposes  of this Section, the Board shall
19    adopt  rules  defining  what  constitutes  employment  on   a
20    part-time basis.
21    (Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)

22        (50 ILCS 705/10.2 new)
23        Sec. 10.2. Criminal background investigations.
24        (a)  On  and  after the effective date of this amendatory
25    Act of the 92nd General Assembly, an applicant for employment
26    as a  peace  officer  shall  authorize  an  investigation  to
27    determine if the applicant has been convicted of any criminal
28    offense that disqualifies the person as a peace officer.
29        (b)  No  law  enforcement  agency  may knowingly employ a
30    person unless (i) a criminal background investigation of that
31    person has been completed and (ii) that investigation reveals
32    no convictions of offenses specified  in  subsection  (a)  of
33    Section 6.1 of this Act.
HB0148 Enrolled            -3-                 LRB9201397MWpk
 1        Section  10.   The  Illinois Municipal Code is amended by
 2    changing Section 10-2.1-6 as follows:

 3        (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
 4        Sec.     10-2.1-6.     Examination     of     applicants;
 5    disqualifications.
 6        (a)  All applicants for a position in either the fire  or
 7    police department of the municipality shall be under 35 years
 8    of  age,  shall  be  subject  to an examination that shall be
 9    public, competitive, and open to all applicants  (unless  the
10    council or board of trustees by ordinance limit applicants to
11    electors  of  the  municipality, county, state or nation) and
12    shall be subject to reasonable limitations as  to  residence,
13    health,  habits,  and  moral character.  The municipality may
14    not charge or collect any fee from an applicant who  has  met
15    all    prequalification    standards   established   by   the
16    municipality for any such position.
17        (b)  Residency requirements in  effect  at  the  time  an
18    individual   enters   the   fire   or  police  service  of  a
19    municipality (other than a municipality that  has  more  than
20    1,000,000  inhabitants)  cannot  be made more restrictive for
21    that  individual  during  his  period  of  service  for  that
22    municipality, or be made a condition of promotion, except for
23    the rank or position of Fire or Police Chief.
24        (c)  No person with a record of  misdemeanor  convictions
25    except  those  under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
26    11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4,  16-1,  21.1-3,
27    24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
28    32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
29    24-1  of  the Criminal Code of 1961 or arrested for any cause
30    but not convicted on that cause shall  be  disqualified  from
31    taking  the examination to qualify for a position in the fire
32    department on grounds of habits or moral character.
33        (d)  The age limitation in subsection (a) does not  apply
34    (i)  to  any  person  previously  employed  as a policeman or
HB0148 Enrolled            -4-                 LRB9201397MWpk
 1    fireman in a regularly constituted police or fire  department
 2    of  (I)  any  municipality or (II) a fire protection district
 3    whose  obligations  were  assumed  by  a  municipality  under
 4    Section 21 of the Fire Protection District Act, (ii)  to  any
 5    person  who has served a municipality as a regularly enrolled
 6    volunteer fireman for 5 years immediately preceding the  time
 7    that  municipality begins to use full time firemen to provide
 8    all or part of its fire protection service, or (iii)  to  any
 9    person who has served as an auxiliary policeman under Section
10    3.1-30-20  for at least 5 years and is under 40 years of age,
11    or (iv) to any person  who  has  served  as  a  deputy  under
12    Section  3-6008  of  the  Counties  Code  and otherwise meets
13    necessary training requirements.
14        (e)  Applicants who are 20 years  of  age  and  who  have
15    successfully  completed 2 years of law enforcement studies at
16    an accredited college or university  may  be  considered  for
17    appointment  to  active  duty with the police department.  An
18    applicant described in this subsection (e) who  is  appointed
19    to  active duty shall not have power of arrest, nor shall the
20    applicant be permitted to carry firearms,  until  he  or  she
21    reaches 21 years of age.
22        (f)  Applicants  who  are  18  years  of age and who have
23    successfully completed 2 years of study in  fire  techniques,
24    amounting  to  a  total  of 4 high school credits, within the
25    cadet  program  of  a  municipality  may  be  considered  for
26    appointment to active duty with the fire  department  of  any
27    municipality.
28        (g)  The  council  or  board of trustees may by ordinance
29    provide that persons residing outside  the  municipality  are
30    eligible to take the examination.
31        (h)  The examinations shall be practical in character and
32    relate to those matters that will fairly test the capacity of
33    the persons examined to discharge the duties of the positions
34    to  which they seek appointment. No person shall be appointed
HB0148 Enrolled            -5-                 LRB9201397MWpk
 1    to the police or fire  department  if  he  or  she  does  not
 2    possess  a  high  school diploma or an equivalent high school
 3    education. A board of fire and police commissioners  may,  by
 4    its  rules,  require  police  applicants  to have obtained an
 5    associate's degree or a bachelor's degree as  a  prerequisite
 6    for  employment.   The  examinations  shall  include tests of
 7    physical  qualifications  and  health.  No  person  shall  be
 8    appointed to the police or fire department if he or  she  has
 9    suffered  the  amputation  of any limb unless the applicant's
10    duties will be only clerical or  as  a  radio  operator.   No
11    applicant  shall  be examined concerning his or her political
12    or religious  opinions  or  affiliations.   The  examinations
13    shall   be   conducted  by  the  board  of  fire  and  police
14    commissioners  of  the  municipality  as  provided  in   this
15    Division 2.1.
16        (i)  No  person  who is classified by his local selective
17    service draft board as a conscientious objector, or  who  has
18    ever  been  so  classified,  may  be  appointed to the police
19    department.
20        (j)  No person shall be appointed to the police  or  fire
21    department unless he or she is a person of good character and
22    not  an  habitual drunkard, gambler, or a person who has been
23    convicted of a felony or a crime involving  moral  turpitude.
24    No person, however, shall be disqualified from appointment to
25    the   fire  department  because  of  his  or  her  record  of
26    misdemeanor convictions except  those  under  Sections  11-6,
27    11-7,  11-9,  11-14,  11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
28    12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5,  25-1,  28-3,  31-1,
29    31-4,   31-6,   31-7,  32-1,  32-2,  32-3,  32-4,  32-8,  and
30    subsections (1), (6) and (8) of Section 24-1 of the  Criminal
31    Code  of  1961  or arrest for any cause without conviction on
32    that cause. Any such person who is in the department  may  be
33    removed  on  charges brought and after a trial as provided in
34    this Division 2.1.
HB0148 Enrolled            -6-                 LRB9201397MWpk
 1    (Source: P.A. 89-52,  eff.  6-30-95;  90-445,  eff.  8-16-97;
 2    90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)

 3        Section  90.  The State Mandates Act is amended by adding
 4    Section 8.25 as follows:

 5        (30 ILCS 805/8.25 new)
 6        Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
 7    and  8 of this Act, no reimbursement by the State is required
 8    for  the  implementation  of  any  mandate  created  by  this
 9    amendatory Act of the 92nd General Assembly.

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.

[ Top ]