Illinois General Assembly - Full Text of Public Act 098-0743
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Public Act 098-0743


 

Public Act 0743 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0743
 
HB5688 EnrolledLRB098 17408 RLC 52508 b

    AN ACT concerning law enforcement officers.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Law
Enforcement Officer Bulletproof Vest Act.
 
    Section 5. Definitions. As used in this Act:
    "Armor vest" or "bulletproof vest" means body armor, no
less than Type I, which has been tested through the voluntary
compliance testing program operated by the National Law
Enforcement and Corrections Technology Center of the National
Institute of Justice, and found to meet or exceed the
requirements of National Institute of Justice Standard
0101.03, or any subsequent revision of that standard.
    "Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances.
    "Law enforcement officer" means any officer, agent, or
employee of this State or a unit of local government authorized
by law or by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law, or authorized by law to supervise sentenced
criminal offenders.
    "Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is enrolled
in an approved training course.
 
    Section 10. Law enforcement agencies to provide
bulletproof vests for officers.
    (a) Each law enforcement agency within this State shall
provide a bulletproof vest for every law enforcement officer of
that agency who is employed as a new recruit by that agency on
or after the effective date of this Act as part of the
officer's initial equipment issue.
    (b) All officer bulletproof vests shall be replaced before
or at the expiration of the warranty period of the vest at the
expense of the law enforcement agency.
    (c) The State or unit of local government which has
jurisdiction over the law enforcement agency shall apply to the
United States Department of Justice under the Bulletproof Vest
Partnership Grant Act of 1998 or a successor Act for matching
grants of the purchase price of the bulletproof vests for the
officers of the law enforcement agency.
    (d) If the law enforcement agency is a local law
enforcement agency and not a State agency, the costs of
purchasing the bulletproof vests shall be from State funds and
from the funds of the unit of local government, including the
matching grants received from the United States Department of
Justice.
 
    Section 15. Applicability. If substantial funding for the
purchase of bulletproof vests is provided to law enforcement
agencies by the federal government and State government, the
law enforcement agency shall comply with the provisions of this
Act. This Act does not apply to a law enforcement agency if any
one of the following is applicable:
    (1) substantial funding, as determined by the Illinois Law
Enforcement Training Standards Board, is not provided to that
agency by the federal and State government;
    (2) the law enforcement agency collectively bargains with
its officers or exclusive representative of the officers for
uniform allowances, and bulletproof vests are considered to be
a part of the uniform for which the allowance is given; or
    (3) the law enforcement agency collectively bargains with
its officers or exclusive representative of the officers for
the provision of bulletproof vests.
 
    Section 905. The Illinois Police Training Act is amended by
changing Section 9 as follows:
 
    (50 ILCS 705/9)  (from Ch. 85, par. 509)
    Sec. 9. A special fund is hereby established in the State
Treasury to be known as "The Traffic and Criminal Conviction
Surcharge Fund" and shall be financed as provided in Section
9.1 of this Act and Section 5-9-1 of the "Unified Code of
Corrections", unless the fines, costs or additional amounts
imposed are subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
shall be expended as follows:
        (1) A portion of the total amount deposited in the Fund
    may be used, as appropriated by the General Assembly, for
    the ordinary and contingent expenses of the Illinois Law
    Enforcement Training Standards Board;
        (2) A portion of the total amount deposited in the Fund
    shall be appropriated for the reimbursement of local
    governmental agencies participating in training programs
    certified by the Board, in an amount equaling 1/2 of the
    total sum paid by such agencies during the State's previous
    fiscal year for mandated training for probationary police
    officers or probationary county corrections officers and
    for optional advanced and specialized law enforcement or
    county corrections training. These reimbursements may
    include the costs for tuition at training schools, the
    salaries of trainees while in schools, and the necessary
    travel and room and board expenses for each trainee. If the
    appropriations under this paragraph (2) are not sufficient
    to fully reimburse the participating local governmental
    agencies, the available funds shall be apportioned among
    such agencies, with priority first given to repayment of
    the costs of mandatory training given to law enforcement
    officer or county corrections officer recruits, then to
    repayment of costs of advanced or specialized training for
    permanent police officers or permanent county corrections
    officers;
        (3) A portion of the total amount deposited in the Fund
    may be used to fund the "Intergovernmental Law Enforcement
    Officer's In-Service Training Act", veto overridden
    October 29, 1981, as now or hereafter amended, at a rate
    and method to be determined by the board;
        (4) A portion of the Fund also may be used by the
    Illinois Department of State Police for expenses incurred
    in the training of employees from any State, county or
    municipal agency whose function includes enforcement of
    criminal or traffic law;
        (5) A portion of the Fund may be used by the Board to
    fund grant-in-aid programs and services for the training of
    employees from any county or municipal agency whose
    functions include corrections or the enforcement of
    criminal or traffic law; and
        (6) For fiscal years 2013 and 2014 only, a portion of
    the Fund also may be used by the Department of State Police
    to finance any of its lawful purposes or functions; and .
        (7) A portion of the Fund may be used by the Board,
    subject to appropriation, to administer grants to local law
    enforcement agencies for the purpose of purchasing
    bulletproof vests under the Law Enforcement Officer
    Bulletproof Vest Act.
    All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys appropriated
for the purposes specified in this Section. No more than 50% of
any appropriation under this Act shall be spent in any city
having a population of more than 500,000. The State Comptroller
and the State Treasurer shall from time to time, at the
direction of the Governor, transfer from the Traffic and
Criminal Conviction Surcharge Fund to the General Revenue Fund
in the State Treasury such amounts as the Governor determines
are in excess of the amounts required to meet the obligations
of the Traffic and Criminal Conviction Surcharge Fund.
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)

Effective Date: 1/1/2015