Public Act 90-0445 of the 90th General Assembly
Public Act 90-0445
SB437 Enrolled LRB9001749DNcd
AN ACT to amend the Illinois Municipal Code by changing
Sections 10-2.1-6, 10-2.1-8, and 10-2.1-14.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-2.1-6, 10-2.1-8, and 10-2.1-14 as
follows:
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants;
disqualifications.
(a) All applicants for a position in either the fire or
police department of the municipality shall be subject to an
examination that shall be public, competitive, and open to
all applicants (unless the council or board of trustees by
ordinance limit applicants to electors of the municipality,
county, state or nation) and shall be subject to reasonable
limitations as to residence, health, habits, and moral
character. The municipality may not charge or collect any
fee from an applicant who has met all prequalification
standards established by the municipality for any such
position.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a
municipality (other than a municipality that has more than
1,000,000 inhabitants) cannot be made more restrictive for
that individual during his period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
24-1 of the Criminal Code of 1961 or arrested for any cause
but not convicted on that cause shall be disqualified from
taking the examination to qualify for a position in the fire
department on grounds of habits or moral character.
(d) (Blank).
(e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at
an accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed
to active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
(f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the
cadet program of a municipality may be considered for
appointment to active duty with the fire department of any
municipality.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed
to the police or fire department if he or she does not
possess a high school diploma or an equivalent high school
education. A board of fire and police commissioners may, by
its rules, require police applicants to have obtained an
associate's degree or a bachelor's degree as a prerequisite
for employment. The examinations shall include tests of
physical qualifications and health. No person shall be
appointed to the police or fire department if he or she has
suffered the amputation of any limb unless the applicant's
duties will be only clerical or as a radio operator. No
applicant shall be examined concerning his or her political
or religious opinions or affiliations. The examinations
shall be conducted by the board of fire and police
commissioners of the municipality as provided in this
Division 2.1.
(i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
(j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
No person, however, shall be disqualified from appointment to
the fire department because of his or her record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
subsections (1), (6) and (8) of Section 24-1 of the Criminal
Code of 1961 or arrest for any cause without conviction on
that cause. Any such person who is in the department may be
removed on charges brought and after a trial as provided in
this Division 2.1.
(Source: P.A. 88-45; 89-52, eff. 6-30-95.)
(65 ILCS 5/10-2.1-8) (from Ch. 24, par. 10-2.1-8)
Sec. 10-2.1-8. Veteran's and educational cadet's
preference.) Persons who have successfully obtained an
associate's degree in the field of law enforcement, criminal
justice, fire service, or emergency medical services, or a
bachelor's degree from an accredited college or university;
persons who have been awarded a certificate attesting to the
successful completion of the Minimum Standards Basic Law
Enforcement Training Course as provided in the Illinois
Police Training Act and are currently serving as a law
enforcement officer on a part-time or full-time basis within
the State of Illinois; completed 2 years of study in fire
techniques or 2 years of police cadet training within the
cadet program established under the rules of the Fire and
Police Commission of any municipality and persons who were
engaged in the military or naval service of the United States
for a period of at least one year and who were honorably
discharged therefrom, or who are now or may hereafter be on
inactive or reserve duty in such military or naval service
(not including, however, in the case of offices, positions
and places of employment in the police department, persons
who were convicted by court-martial of disobedience of
orders, where such disobedience consisted in the refusal to
perform military service on the ground of religious or
conscientious objections against war) shall be preferred for
appointments to offices, positions, and places of employment
in the fire and police departments of the municipality coming
under the provisions of this Division 2.1. The preference
points awarded under this Section shall not be cumulative.
This amendatory Act of 1973 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 79-1075.)
(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire
and police commissioners shall prepare and keep a register of
persons whose general average standing, upon examination, is
not less than the minimum fixed by the rules of the board,
and who are otherwise eligible. These persons shall take
rank upon the register as candidates in the order of their
relative excellence as determined by examination, without
reference to priority of time of examination. Applicants who
have been awarded a certificate attesting to their successful
completion of the Minimum Standards Basic Law Enforcement
Training Course, as provided in the Illinois Police Training
Act, may be given preference in appointment over noncertified
applicants.
Within 60 days after each examination, an eligibility
list shall be posted by the board, which shall show the final
grades of the candidates without reference to priority of
time of examination and subject to claim for military credit.
Candidates who are eligible for military credit shall make a
claim in writing within 10 days after the posting of the
eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
(Source: P.A. 89-52, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.