|
| Public Act 098-0725
|
| HB4417 Enrolled | LRB098 18638 RLC 53781 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Peace Officer Fire Investigation Act is |
amended by changing Section 1 as follows:
|
(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
|
Sec. 1. Peace Officer Status.
|
(a) Any person who is a sworn member of any
organized and |
paid fire department of a political subdivision of this State
|
and is authorized to investigate fires or explosions for such |
political
subdivision and
to determine the cause, origin and |
circumstances of fires or explosions
that are suspected to be |
arson or arson-related crimes, may be classified
as a peace |
officer by the political subdivision or agency employing such
|
person. A person so classified shall possess the same powers of |
arrest,
search and seizure and the securing and service of |
warrants as sheriffs
of counties, and police officers within |
the jurisdiction of their political
subdivision. While in the |
actual investigation and matters incident thereto,
such person |
may carry weapons as may be necessary, but only if that person |
has
satisfactorily completed (1) a training program offered or |
approved by the
Illinois Law Enforcement Training Standards |
Board which substantially conforms
to standards promulgated |
|
pursuant to the Illinois Police Training Act and the Peace |
Officer and Probation Officer Firearm Training Act; and (2) a |
course in fire and arson investigation approved by the
Office |
of the State Fire Marshal pursuant to the Illinois Fire |
Protection
Training Act. Such training need not include |
exposure to vehicle and traffic
law, traffic control and |
accident investigation, or first aid, but shall
include |
training in the law relating to the rights of persons suspected |
of
involvement in criminal activities.
|
Any person granted the powers enumerated in this subsection |
(a) may exercise such
powers only during the actual |
investigation of the cause, origin and
circumstances of such |
fires or explosions that are suspected to be arson or
|
arson-related crimes.
|
(b) Persons employed by the Office of the State Fire |
Marshal to conduct arson investigations shall be designated |
State Fire Marshal Arson Investigator Special Agents and shall |
be peace officers with all of the powers of peace officers in |
cities and sheriffs in counties, except that they may exercise |
those powers throughout the State. These Special Agents may |
exercise these powers only when engaging in official duties |
during the actual investigation of the cause, origin, and
|
circumstances of such fires or explosions that are suspected to |
be arson or
arson-related crimes and may carry weapons at all |
times, but only if they have satisfactorily completed (1) a |
training course approved by the Illinois Law Enforcement |
|
Training Standards Board that substantially conforms to the |
standards promulgated pursuant to the Peace Officer and |
Probation Officer Firearm Training Act and (2) a course in fire |
and arson investigation approved by the
Office of the State |
Fire Marshal pursuant to the Illinois Fire Protection
Training |
Act. Such training need not include exposure to vehicle and |
traffic
law, traffic control and accident investigation, or |
first aid, but shall
include training in the law relating to |
the rights of persons suspected of
involvement in criminal |
activities. |
For purposes of this subsection (b), a "State Fire Marshal |
Arson Investigator Special Agent" does not include any fire |
investigator, fireman, police officer, or other employee of the |
federal government; any fire investigator, fireman, police |
officer, or other employee of any unit of local government; or |
any fire investigator, fireman, police officer, or other |
employee of the State of Illinois other than an employee of the |
Office of the State Fire Marshal assigned to investigate arson.
|
The State Fire Marshal must authorize to each employee of |
the Office
of the State Fire Marshal who is exercising the |
powers of a peace officer a
distinct badge that, on its face, |
(i) clearly states that the badge is
authorized by the Office |
of the State Fire Marshal and (ii) contains a unique
|
identifying number. No other badge shall be authorized by the |
Office of the
State Fire Marshal, except that a badge, |
different from the badge issued to
peace officers, may be |
|
authorized by the Office of the State Fire Marshal for
the use |
of fire prevention inspectors employed by that Office.
Nothing |
in this subsection prohibits the State Fire Marshal from |
issuing
shields or other distinctive identification to |
employees not exercising the
powers of a peace officer if the |
State Fire Marshal determines that a shield or
distinctive |
identification is needed by the employee to carry out his or |
her
responsibilities.
|
(Source: P.A. 95-502, eff. 8-28-07.)
|
Section 10. The Illinois Police Training Act is amended by |
changing Section 10.4 as follows:
|
(50 ILCS 705/10.4) |
Sec. 10.4. Weapon certification for retired law |
enforcement officers. The Board may initiate, administer, and |
conduct annual firearm certification courses consistent with |
the requirements enumerated in the Peace Officer and Probation |
Officer Firearm Training Act for retired law enforcement |
officers qualified under federal law to carry a concealed |
weapon.
|
(Source: P.A. 94-103, eff. 7-1-05.)
|
Section 15. The Peace Officer Firearm Training Act is |
amended by changing the title of the Act and Sections 0.01, 1, |
2, 2.5, and 3 as follows:
|
|
(50 ILCS 710/Act title)
|
An Act in relation to firearms training for peace officers |
and probation officers.
|
(50 ILCS 710/0.01) (from Ch. 85, par. 514)
|
Sec. 0.01. Short title. This Act may be cited as the
Peace |
Officer and Probation Officer Firearm Training Act.
|
(Source: P.A. 86-1324.)
|
(50 ILCS 710/1) (from Ch. 85, par. 515)
|
Sec. 1. Definitions. As used in this Act: |
(a) "Peace officer"
means (i) any person who by virtue of |
his office or public employment is
vested by law with a primary |
duty to maintain public order or to make
arrests for offenses, |
whether that duty extends to all offenses or is
limited to |
specific offenses, and who is employed in such capacity by any
|
county or municipality or (ii) any retired law enforcement |
officers qualified under federal law to carry a concealed |
weapon. |
(a-5) "Probation officer" means a county probation officer |
authorized by the Chief Judge of the Circuit Court to carry a |
firearm as part of his or her duties under Section 12 of the |
Probation and Probation Officers Act and Section 24-2 of the |
Criminal Code of 2012. |
(b)
"Firearms" means any weapon or device defined as a |
|
firearm in Section
1.1 of "An Act relating to the acquisition, |
possession and transfer of
firearms and firearm ammunition, to |
provide a penalty for the violation
thereof and to make an |
appropriation in connection therewith", approved
August 3, |
1967, as amended.
|
(Source: P.A. 94-103, eff. 7-1-05.)
|
(50 ILCS 710/2) (from Ch. 85, par. 516)
|
Sec. 2. Training course for peace officers and probation |
officers.
|
(a) Successful completion of a 40 hour course of training |
in use of a
suitable type firearm shall be a condition |
precedent to the possession and use
of that respective firearm |
by any peace officer or probation officer in this State in |
connection
with the officer's official duties. The training |
must be approved by the
Illinois Law Enforcement Training |
Standards Board ("the
Board") and may be given in logical |
segments but must be completed by a peace officer within 6
|
months from the date of the officer's initial employment and by |
a probation officer before possession and use of a firearm in |
connection with the probation officer's official duties. To |
satisfy the
requirements of this Act, the training must include |
the following:
|
(1) Instruction in the dangers of misuse of the |
firearm, safety
rules, and care and cleaning of the |
firearm.
|
|
(2) Practice firing on a range and qualification with |
the firearm in
accordance with the standards established by |
the Board.
|
(3) Instruction in the legal use of firearms under the |
Criminal Code of
2012 and relevant court decisions.
|
(4) A forceful presentation of the ethical and moral |
considerations
assumed by any person who uses a firearm.
|
(b) Any officer who successfully completes the Basic |
Training Course
prescribed for recruits by the Board shall be |
presumed to have satisfied
the requirements of this Act.
|
(c) The Board shall cause the training courses to be |
conducted twice each
year within each of the Mobile Team |
Regions, but no training course need be
held when there are no |
police officers or probation officers requiring the training.
|
(d) (Blank).
|
(e) The Board may waive, or may conditionally waive, the 40 |
hour course of
training if, in the Board's opinion, the officer |
has previously successfully
completed a
course of similar |
content and duration. In cases of waiver, the officer shall
|
demonstrate
his or her knowledge and proficiency by passing the |
written examination on
firearms and
by successfully passing the |
range qualification portion of the prescribed
course
of |
training.
|
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(50 ILCS 710/2.5) |
|
Sec. 2.5. Annual range qualification. The annual range |
qualification for peace officers and probation officers shall |
consist of range fire approved by the Illinois Law Enforcement |
Training Standards Board.
|
(Source: P.A. 94-103, eff. 7-1-05.)
|
(50 ILCS 710/3) (from Ch. 85, par. 517)
|
Sec. 3. The Board is charged with enforcing this Act and |
making
inspections to insure compliance with its provisions, |
and is empowered
to promulgate rules necessary for its |
administration and enforcement, including those relating to |
the annual certification of retired law enforcement officers |
qualified under federal law to carry a concealed weapon.
All |
units of government
or other agencies
which employ or utilize |
peace officers, probation officers, or that certify retired law |
enforcement officers qualified under federal law to carry a |
concealed weapon, shall cooperate with
the Board by furnishing |
relevant information which the Board may
require. The Executive |
Director of the Board shall report annually, no later
than |
February 1, to the Board, with copies to the Governor and the |
General
Assembly, the results of
these inspections and provide |
other related information and
recommendations as it deems |
proper.
|
(Source: P.A. 94-103, eff. 7-1-05.)
|
Section 20. The Counties Code is amended by changing |
|
Sections 3-6013 and 5-37011 as follows:
|
(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
|
Sec. 3-6013. Duties, training and compensation of |
auxiliary deputies. Auxiliary deputies shall not supplement |
members of the regular county
police department or regular |
deputies in the performance of their assigned
and normal |
duties, except as provided herein. Auxiliary deputies may be
|
assigned and directed by the sheriff to perform the following |
duties in
the county:
|
To aid or direct traffic within the county, to aid in |
control of natural
or human made disasters, to aid in case of |
civil disorder as assigned and
directed by the sheriff, |
provided, that in emergency cases which render it
impractical |
for members of the regular county police department or regular
|
deputies to perform their assigned and normal duties, the |
sheriff is hereby
authorized to assign and direct auxiliary |
deputies to perform such regular
and normal duties. |
Identification symbols worn by such auxiliary deputies
shall be |
different and distinct from those used by members of the |
regular
county police department or regular deputies. Such |
auxiliary deputies
shall at all times during the performance of |
their duties be subject to the
direction and control of the |
sheriff of the county. Such auxiliary deputies
shall not carry |
firearms, except with the permission of the sheriff, and
only |
while in uniform and in the performance of their assigned |
|
duties.
|
Auxiliary deputies, prior to entering upon any of their |
duties, shall
receive a course of training in the use of |
weapons and other police
procedures as shall be appropriate in |
the exercise of the powers
conferred upon them under this |
Division, which training and
course of study shall be |
determined and provided by the sheriff of each
county utilizing |
auxiliary deputies, provided that, before being
permitted to |
carry a firearm an auxiliary deputy must have the same
course |
of training as required of peace officers in Section 2 of the
|
Peace Officer and Probation Officer Firearm Training Act. The |
county authorities shall require
that all auxiliary deputies be |
residents of the county served by them.
Prior to the |
appointment of any auxiliary deputy his or her fingerprints
|
shall be taken and no person shall be appointed as such |
auxiliary deputy if
he or she has been convicted of a felony or |
other crime involving moral
turpitude.
|
Auxiliary deputies may receive such compensation as is set |
by the County Board, with the advice and consent of the |
Sheriff, not to exceed the lowest hourly pay of a full-time |
sworn member of the regular county police or sheriff's |
department and not be paid a salary, except as provided in
|
Section 3-6036, but may be reimbursed for actual expenses |
incurred in
performing their assigned duty. The County Board |
must approve such actual
expenses and arrange for payment.
|
Nothing in this Division shall preclude an auxiliary deputy |
|
from holding
a simultaneous appointment as an auxiliary police |
officer pursuant to Section
3-6-5 of the Illinois Municipal |
Code.
|
(Source: P.A. 97-379, eff. 8-15-11.)
|
(55 ILCS 5/5-37011) (from Ch. 34, par. 5-37011)
|
Sec. 5-37011. Hospital security police force. The board of
|
commissioners, subject to the applicable merit system rules, |
may establish
and maintain a Hospital Security Police Force and |
may define and prescribe
all such peace officers' duties and |
compensation. Every security police
officer appointed by the |
board to such Security Police Force, as the same
shall be from |
time to time hereafter constituted, shall have and is hereby
|
vested with police powers, and is hereby authorized to act as a |
conservator
of the peace within and upon any and all hospital |
facilities operated and
hospital premises controlled by such |
board, and shall have power to make
arrests or cause to be |
arrested, with or without process, any person who
breaks the |
peace, or may be found violating any State statutes or city or
|
county ordinances within or upon such facilities or premises.
|
The board may establish reasonable eligibility |
requirements for appointment
to such Security Police Force |
relating to residence, health, habits and
moral character. |
However, no person may be appointed hereunder unless that
|
person is at least 21 years of age. No person may be appointed |
to or be
retained in the Hospital Security Police Force unless |
|
that person is of
good character and not a habitual drunkard, |
gambler or a person convicted
of a felony or a crime involving |
moral turpitude. All Security Police Force
personnel |
authorized to carry weapons within or upon hospital facilities
|
or premises while on-duty shall receive a course of training in |
the legal
and practical use of such weapons as is required of a |
police officer under
the Peace Officer and Probation Officer |
Firearm Training Act "An Act in relation to firearms training |
for peace officers", approved
August 29, 1975, as amended, and |
all such Security Police Force personnel
shall also have |
received the training and certification required by the
|
"Illinois Police Training Act" as now or hereafter amended. |
Security Police
Force personnel shall not carry weapons while |
off-duty and all weapons shall
be checked and secured on the |
hospital premises while such personnel remain
off-duty.
|
(Source: P.A. 86-962.)
|
Section 25. The Township Code is amended by changing |
Section 100-10 as follows:
|
(60 ILCS 1/100-10)
|
Sec. 100-10. Township enforcement officer.
|
(a) The township board may appoint one or more township |
enforcement officers to serve
for a term of one year and may |
remove an officer with or without cause. Every person
appointed |
to the office of township enforcement officer, before entering |
|
on the
duties of the office and within 10 days after being |
notified of the
appointment, shall cause to be filed in the |
office of the township clerk a
notice signifying his or her |
acceptance of the office. A neglect to cause the
notice to be |
filed shall be deemed a refusal to serve.
|
(b) The sheriff of the county in which the township is |
situated may
disapprove any such appointment within 30 days |
after the notice is filed. The
disapproval precludes that |
person from serving as a township enforcement
officer, and the |
township board may appoint another person
to that position
|
subject to approval by the sheriff.
|
(c) Every person appointed to the office of township |
enforcement officer,
before entering upon the duties of the |
office, shall execute, with sufficient
sureties to be approved |
by the supervisor or clerk of the township, an
instrument in |
writing by which the township enforcement officer and his or |
her
sureties shall jointly and severally agree to pay to each |
and every person who
may be entitled thereto all sums of money |
as the township enforcement officer
may become liable to pay on |
account of any neglect or default of the township
enforcement |
officer or on account of any misfeasance of the township
|
enforcement officer in the discharge of, or failure to |
faithfully perform, any
of the duties of the office.
|
(d) The township enforcement officers shall have the same |
power and authority
within the township as a deputy sheriff but |
only for the purpose of enforcing
township ordinances. |
|
Notwithstanding any other provisions of this Section, township |
enforcement officers are authorized to enforce county |
ordinances within areas of a county located within the township |
pursuant to intergovernmental agreements between the |
respective county and township to the extent authorized by the |
agreement. The township enforcement officer shall not carry |
firearms
and will not be required to comply with the Peace |
Officer and Probation Officer Firearm Training Act.
The officer |
shall attend law enforcement training classes conducted by the
|
Illinois Law Enforcement Training Standards Board. The |
township board
shall appropriate all necessary monies for the |
training.
|
(d-5) (1) Except as provided in paragraph (2) of this |
subsection, in all
actions for the violation of any township |
ordinance, township enforcement
officers shall be authorized |
to issue and to serve upon any person who the
township |
enforcement officer has reasonable grounds to believe is guilty |
of a
violation of a township ordinance a notice of violation |
that shall constitute
a summons and complaint. A copy of such |
notice of violation shall be forwarded
to the circuit court |
having jurisdiction over the township where the violation
is |
alleged to have been committed. Every person who has been |
issued a summons
shall appear for trial, and the action shall |
be prosecuted in the corporate
name of the township. |
Enforcement of county ordinances shall be in accordance with |
procedures adopted by the county and any applicable State law.
|
|
(2) In all actions for violation of any township ordinance |
when the fine
would not be in excess of $500 and no jail term |
could be imposed, service of
summons may be made by the |
township clerk by certified mail, return receipt
requested, |
whether service is to be within or without the State.
|
(e) The township enforcement officers shall carry |
identification documents
provided by the township board |
identifying him or her as a township
enforcement officer. The |
officers shall notify the township clerk of any
violations of |
township ordinances.
|
(f) Nothing in this Code precludes a county auxiliary |
deputy or deputy
sheriff, or a municipal policeman or auxiliary |
police officer from serving as a
township enforcement officer |
during off-duty hours.
|
(g) The township board may provide compensation for the |
township enforcement
officer on either a per diem or a salary |
basis.
|
(h) (Blank).
|
(Source: P.A. 97-330, eff. 8-12-11.)
|
Section 30. The Illinois Municipal Code is amended by |
changing Section 3.1-30-20 as follows:
|
(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
|
Sec. 3.1-30-20. Auxiliary police officers.
|
(a) Auxiliary police officers shall
not be members of the |
|
regular police department of the municipality.
Auxiliary |
police officers shall not supplement members of the regular
|
police department of any municipality in the performance of |
their
assigned and normal duties, except as otherwise provided |
in this Code.
Auxiliary police officers shall only be assigned |
to perform the following
duties in a municipality:
(i) to aid |
or direct traffic within the
municipality, (ii) to aid in |
control of natural or man made disasters, and
(iii) to aid
in |
case of civil disorder as directed by the chief of police.
When |
it is impractical for members of the regular
police department |
to perform those normal and regular police duties, however,
the
|
chief of police of the regular police department may
assign |
auxiliary police officers to perform those normal and regular |
police
duties. Identification symbols worn by auxiliary police |
officers shall be
different and distinct from those used by |
members of the regular police
department. Auxiliary police |
officers shall at all times during the
performance of their |
duties be subject to the direction and control of
the chief of |
police of the municipality. Auxiliary police officers
shall not |
carry firearms, except with the permission of the chief of
|
police and while in uniform and in the performance of their |
duties.
Auxiliary police officers, when on duty, shall also be |
conservators of the
peace and shall have the powers specified |
in Section 3.1-15-25.
|
(b) Auxiliary police officers, before entering upon any of |
their duties,
shall receive a course of training in the use of |
|
weapons and other
police procedures appropriate for the |
exercise of the powers
conferred upon them under this Code. The |
training and course of study
shall be determined and provided |
by the corporate authorities of each
municipality employing |
auxiliary police officers. Before being permitted to carry a |
firearm, however, an auxiliary police officer must have the |
same course of training as required of peace officers under |
Section 2 of the Peace Officer and Probation Officer Firearm |
Training Act. The municipal authorities may
require that all |
auxiliary police officers be residents of the municipality
|
served by them. Before the appointment of an auxiliary police |
officer, the
person's fingerprints shall be taken, and no |
person shall be appointed as an
auxiliary police officer if |
that person has been convicted of a felony or other
crime
|
involving moral turpitude.
|
(c) The Line of Duty Compensation Act
shall be applicable |
to auxiliary police officers
upon their death in the line of |
duty described in this Code.
|
(Source: P.A. 94-984, eff. 6-30-06.)
|
Section 35. The Civic Center Code is amended by changing |
Section 240-40 as follows:
|
(70 ILCS 200/240-40)
|
Sec. 240-40. Security police force. The Board of the
|
Authority may establish and maintain a Security
Police Force |
|
and may define and prescribe all such peace officers' duties
|
and compensation. Every security police officer appointed by |
the Board
to such Security Police Force, as the same shall be |
from time to time hereafter
constituted, shall have and is |
hereby vested with police powers, and is
hereby authorized to |
act as a conservator of the peace within and upon driveways,
|
sidewalks and property controlled by such Authority, and shall |
have power
to make arrests or cause to be arrested, with or |
without process, any person
who breaks the peace, or may be |
found violating any of the penal ordinances
of such Authority, |
or of the City of Rockford or any criminal law of the State.
|
An arrest may be made by any such officer without a warrant |
when a criminal
offense is committed or attempted in his |
presence or when a criminal offense
has, in fact, been |
committed, and the officer has reasonable ground for
believing |
that the person to be arrested has committed it. Any person so
|
arrested shall, without unnecessary delay, be taken by such |
officer before
the circuit court of the county having |
jurisdiction of the offense committed
or charged against such |
person, and such police officer shall thereupon
make and file a |
complaint in writing under oath, against such defendant,
|
charging the violation by such defendant of such statute or |
ordinance, and
such offender shall thereupon be dealt with |
according to law in the same
manner as if he had been arrested |
in the first instance under warrant lawfully
issued. However, |
no member of any such Security Police Force shall be vested
|
|
with any police power outside the limits of the metropolitan |
area except
pursuant to and in accordance with an |
intergovernmental cooperation agreement
to which the Authority |
is a party.
|
In all actions for the violation of any ordinance of the |
Authority, the
first process shall be a summons or a warrant. A |
warrant for the arrest
of an accused person may issue upon the |
affidavit of any person that an
ordinance has been violated, |
and that person making the complaint has reasonable
grounds to |
believe that the party charged is guilty thereof. Every person
|
arrested upon a warrant, without unnecessary delay, shall be |
taken before
the proper officer for trial.
|
The Board of the Authority may establish reasonable |
eligibility requirements
for appointment to such Security |
Police Force relating to health, habits
and moral character. |
However, no person may be appointed hereunder unless
that |
person is at least 21 years of age. No person may be appointed |
to
or be retained in the Security Police Force unless that |
person is of good
character and not a habitual drunkard, |
gambler or a person convicted of
a felony or a crime involving |
moral turpitude. All such Security Police
Force personnel |
authorized to carry weapons shall receive a course of training
|
in the legal and practical use of such weapons as is required |
of a police
officer under the Peace Officer and Probation |
Officer Firearm Training Act, and all such Security Police |
Force
personnel shall also have received the training and |
|
certification required
by the Illinois Police Training Act.
|
(Source: P.A. 90-328, eff. 1-1-98.)
|
Section 40. The Park District Police Act is amended by |
changing Section 1 as follows:
|
(70 ILCS 1325/1) (from Ch. 105, par. 330a)
|
Sec. 1. Park police powers.
|
(a) Whenever any park district establishes a
police force |
under Section 4-7 of the Park District Code, each officer of |
that
force is vested with police
powers, is authorized to act |
as a conservator of the peace
within that park district,
and |
may arrest or cause to be arrested, with or without a warrant, |
any
person who breaks the peace, or who violates any
ordinance
|
of a city, town, or village, or of the park district, or any |
criminal
law of the State.
If a park district maintains an |
airport, this authority also extends to any
violation of a rule |
or regulation of a governing federal agency or any federal,
|
State, or local law relating to that operation. The authority |
granted under
this Section is expressly limited to park |
district property and shall not be
construed to extend to any |
other jurisdiction except in cases of fresh pursuit
or under a |
validly executed intergovernmental cooperation agreement.
|
(b) An arrest may be made by a park police officer
without |
a
warrant when a criminal offense is committed or attempted in |
his
presence, or when a criminal offense has been committed
and
|
|
the officer has reasonable ground for believing that the person |
to be
arrested has committed it. Any person so arrested shall, |
without
unnecessary delay, be taken by the officer before the |
circuit
court of
the county having jurisdiction, and the |
officer shall file a complaint in writing under oath,
charging
|
the defendant with a violation of a
statute or ordinance.
|
(c) A full or part-time police officer employed under this |
Section shall
comply with the requirements of the Illinois |
Police Training Act. In addition,
before carrying a firearm, |
each officer shall complete a training course
under the Peace |
Officer and Probation Officer Firearm Training Act.
|
(Source: P.A. 89-458, eff. 5-24-96.)
|
Section 45. The Private College Campus Police Act is |
amended by changing Section 1 as follows:
|
(110 ILCS 1020/1) (from Ch. 144, par. 1951)
|
Sec. 1.
The Board of Trustees of a private college or |
private
university, may appoint persons to be members of a |
campus police
department. The Board shall assign duties, |
including the enforcement of
college or university |
regulations, and prescribe the oath of office. With
respect to |
any such campus police department established for police
|
protection, the members of such campus police department shall |
be persons
who have successfully completed the Minimum |
Standards Basic Law Enforcement
Training Course offered at a |
|
police training school established under the
Illinois Police |
Training Act, as such Act may be now or hereafter amended.
All |
members of such campus police departments must also |
successfully
complete the Firearms Training for Peace Officers |
established under the Peace Officer and Probation Officer |
Firearm Training Act an Act
in Relation To Firearms Training |
for Peace Officers, as such Act may be now
or hereafter |
amended.
Members of the campus police department shall have the |
powers of municipal
peace officers and county sheriffs, |
including the power to make arrests
under the circumstances |
prescribed in Section 107-2 of the Code of
Criminal Procedure |
of 1963, as amended, for violations of state statutes or
|
municipal or county ordinances, including the ability to |
regulate and control traffic on the public way contiguous to |
the college or university property, for the protection of
|
students, employees, visitors and their property, and the |
property branches, and interests of the college or university, |
in the county where the college or university is located. |
Campus police shall have no authority to serve civil process.
|
Members of the campus police department at a private |
college or private
university shall not be eligible to |
participate in any State, county or
municipal retirement fund |
and shall not be reimbursed for training with
state funds. the |
uniforms, vehicles, and badges of such officers shall be
|
distinctive from those of the local law enforcement agency |
where the main campus is located.
|
|
The Board of Trustees shall provide liability insurance |
coverage for each
member of the campus police department |
without cost to the member, which
insures the member against |
any liability which arises out of or in the
course of the |
member's employment for no less than $250,000 of coverage,
|
unless such indemnification is provided by a program of |
self-insurance.
|
For the purposes of this Section, "private college" or |
"private
university" means: (1) any college or university which |
is not owned or
controlled by the State or any political |
subdivision thereof, and (2) which
provides a program of |
education in residence leading to a baccalaureate
degree, or |
which provides a program of education in residence, for which
|
the baccalaureate degree is a prerequisite, leading to an |
academic or
professional degree, and (3) which is accredited by |
the
North Central Association or other nationally recognized |
accrediting agency.
|
(Source: P.A. 96-594, eff. 1-1-10.)
|
Section 50. The Animal Control Act is amended by changing |
Section 5 as follows:
|
(510 ILCS 5/5) (from Ch. 8, par. 355)
|
Sec. 5. Duties and powers.
|
(a) It shall be the duty of the Administrator or the Deputy
|
Administrator, through sterilization,
humane education, rabies
|
|
inoculation, stray control, impoundment, quarantine, and any |
other means deemed
necessary, to control and prevent the spread |
of rabies and
to exercise dog and cat overpopulation control. |
It
shall
also be the duty of the Administrator to investigate |
and substantiate all
claims made under Section 19 of this Act.
|
(b) Counties may by ordinance determine the extent of the |
police powers
that may be exercised by the Administrator, |
Deputy Administrators, and Animal
Control Wardens, which
|
powers shall pertain only to this Act. The Administrator, |
Deputy
Administrators, and Animal Control Wardens may issue and |
serve citations and
orders for violations of
this Act. The
|
Administrator, Deputy Administrators, and Animal Control |
Wardens may not
carry weapons unless they have been
|
specifically authorized to carry weapons by county ordinance. |
Animal Control
Wardens, however, may use tranquilizer guns and |
other nonlethal weapons and
equipment without specific
weapons |
authorization.
|
A person authorized to carry firearms by county ordinance |
under this
subsection must have completed the training course |
for peace officers
prescribed in the Peace Officer and |
Probation Officer Firearm Training Act. The cost of this
|
training
shall be paid by the county.
|
(c) The sheriff and all sheriff's deputies and municipal
|
police officers shall cooperate with the Administrator and his |
or her
representatives in carrying out the
provisions of this |
Act.
|
|
(d) The Administrator and animal control wardens shall aid |
in the enforcement of the Humane Care for Animals Act and have |
the ability to impound animals and apply for security posting |
for violation of that Act.
|
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
Section 55. The Criminal Code of 2012 is amended by |
changing Section 24-2 as follows:
|
(720 ILCS 5/24-2)
|
Sec. 24-2. Exemptions.
|
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and |
24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
the following:
|
(1) Peace officers, and any person summoned by a peace |
officer to
assist in making arrests or preserving the |
peace, while actually engaged in
assisting such officer.
|
(2) Wardens, superintendents and keepers of prisons,
|
penitentiaries, jails and other institutions for the |
detention of persons
accused or convicted of an offense, |
while in the performance of their
official duty, or while |
commuting between their homes and places of employment.
|
(3) Members of the Armed Services or Reserve Forces of |
the United States
or the Illinois National Guard or the |
Reserve Officers Training Corps,
while in the performance |
of their official duty.
|
|
(4) Special agents employed by a railroad or a public |
utility to
perform police functions, and guards of armored |
car companies, while
actually engaged in the performance of |
the duties of their employment or
commuting between their |
homes and places of employment; and watchmen
while actually |
engaged in the performance of the duties of their |
employment.
|
(5) Persons licensed as private security contractors, |
private
detectives, or private alarm contractors, or |
employed by an agency
certified by the Department of |
Financial and Professional Regulation, if their duties
|
include the carrying of a weapon under the provisions of |
the Private
Detective, Private Alarm,
Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004,
while |
actually
engaged in the performance of the duties of their |
employment or commuting
between their homes and places of |
employment, provided that such commuting
is accomplished |
within one hour from departure from home or place of
|
employment, as the case may be. A person shall be |
considered eligible for this
exemption if he or she has |
completed the required 20
hours of training for a private |
security contractor, private
detective, or private alarm |
contractor, or employee of a licensed agency and 20 hours |
of required firearm
training, and has been issued a firearm |
control card by
the Department of Financial and |
Professional Regulation. Conditions for the renewal of
|
|
firearm control cards issued under the provisions of this |
Section
shall be the same as for those cards issued under |
the provisions of the
Private Detective, Private Alarm,
|
Private Security, Fingerprint Vendor, and Locksmith Act of |
2004. The
firearm control card shall be carried by the |
private security contractor, private
detective, or private |
alarm contractor, or employee of the licensed agency at all
|
times when he or she is in possession of a concealable |
weapon.
|
(6) Any person regularly employed in a commercial or |
industrial
operation as a security guard for the protection |
of persons employed
and private property related to such |
commercial or industrial
operation, while actually engaged |
in the performance of his or her
duty or traveling between |
sites or properties belonging to the
employer, and who, as |
a security guard, is a member of a security force of
at |
least 5 persons registered with the Department of Financial |
and Professional
Regulation; provided that such security |
guard has successfully completed a
course of study, |
approved by and supervised by the Department of
Financial |
and Professional Regulation, consisting of not less than 40 |
hours of training
that includes the theory of law |
enforcement, liability for acts, and the
handling of |
weapons. A person shall be considered eligible for this
|
exemption if he or she has completed the required 20
hours |
of training for a security officer and 20 hours of required |
|
firearm
training, and has been issued a firearm control |
card by
the Department of Financial and Professional |
Regulation. Conditions for the renewal of
firearm control |
cards issued under the provisions of this Section
shall be |
the same as for those cards issued under the provisions of |
the
Private Detective, Private Alarm,
Private Security, |
Fingerprint Vendor, and Locksmith Act of 2004. The
firearm |
control card shall be carried by the security guard at all
|
times when he or she is in possession of a concealable |
weapon.
|
(7) Agents and investigators of the Illinois |
Legislative Investigating
Commission authorized by the |
Commission to carry the weapons specified in
subsections |
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
|
any investigation for the Commission.
|
(8) Persons employed by a financial institution for the |
protection of
other employees and property related to such |
financial institution, while
actually engaged in the |
performance of their duties, commuting between
their homes |
and places of employment, or traveling between sites or
|
properties owned or operated by such financial |
institution, provided that
any person so employed has |
successfully completed a course of study,
approved by and |
supervised by the Department of Financial and Professional |
Regulation,
consisting of not less than 40 hours of |
training which includes theory of
law enforcement, |
|
liability for acts, and the handling of weapons.
A person |
shall be considered to be eligible for this exemption if he |
or
she has completed the required 20 hours of training for |
a security officer
and 20 hours of required firearm |
training, and has been issued a
firearm control card by the |
Department of Financial and Professional Regulation.
|
Conditions for renewal of firearm control cards issued |
under the
provisions of this Section shall be the same as |
for those issued under the
provisions of the Private |
Detective, Private Alarm,
Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004.
Such firearm control |
card shall be carried by the person so
trained at all times |
when such person is in possession of a concealable
weapon. |
For purposes of this subsection, "financial institution" |
means a
bank, savings and loan association, credit union or |
company providing
armored car services.
|
(9) Any person employed by an armored car company to |
drive an armored
car, while actually engaged in the |
performance of his duties.
|
(10) Persons who have been classified as peace officers |
pursuant
to the Peace Officer Fire Investigation Act.
|
(11) Investigators of the Office of the State's |
Attorneys Appellate
Prosecutor authorized by the board of |
governors of the Office of the
State's Attorneys Appellate |
Prosecutor to carry weapons pursuant to
Section 7.06 of the |
State's Attorneys Appellate Prosecutor's Act.
|
|
(12) Special investigators appointed by a State's |
Attorney under
Section 3-9005 of the Counties Code.
|
(12.5) Probation officers while in the performance of |
their duties, or
while commuting between their homes, |
places of employment or specific locations
that are part of |
their assigned duties, with the consent of the chief judge |
of
the circuit for which they are employed, if they have |
received weapons training according
to requirements of the |
Peace Officer and Probation Officer Firearm Training Act.
|
(13) Court Security Officers while in the performance |
of their official
duties, or while commuting between their |
homes and places of employment, with
the
consent of the |
Sheriff.
|
(13.5) A person employed as an armed security guard at |
a nuclear energy,
storage, weapons or development site or |
facility regulated by the Nuclear
Regulatory Commission |
who has completed the background screening and training
|
mandated by the rules and regulations of the Nuclear |
Regulatory Commission.
|
(14) Manufacture, transportation, or sale of weapons |
to
persons
authorized under subdivisions (1) through |
(13.5) of this
subsection
to
possess those weapons.
|
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply |
to
or affect any person carrying a concealed pistol, revolver, |
or handgun and the person has been issued a currently valid |
license under the Firearm Concealed Carry Act at the time of |
|
the commission of the offense. |
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
24-1.6 do not
apply to or affect
any of the following:
|
(1) Members of any club or organization organized for |
the purpose of
practicing shooting at targets upon |
established target ranges, whether
public or private, and |
patrons of such ranges, while such members
or patrons are |
using their firearms on those target ranges.
|
(2) Duly authorized military or civil organizations |
while parading,
with the special permission of the |
Governor.
|
(3) Hunters, trappers or fishermen with a license or
|
permit while engaged in hunting,
trapping or fishing.
|
(4) Transportation of weapons that are broken down in a
|
non-functioning state or are not immediately accessible.
|
(5) Carrying or possessing any pistol, revolver, stun |
gun or taser or other firearm on the land or in the legal |
dwelling of another person as an invitee with that person's |
permission. |
(c) Subsection 24-1(a)(7) does not apply to or affect any |
of the
following:
|
(1) Peace officers while in performance of their |
official duties.
|
(2) Wardens, superintendents and keepers of prisons, |
penitentiaries,
jails and other institutions for the |
detention of persons accused or
convicted of an offense.
|
|
(3) Members of the Armed Services or Reserve Forces of |
the United States
or the Illinois National Guard, while in |
the performance of their official
duty.
|
(4) Manufacture, transportation, or sale of machine |
guns to persons
authorized under subdivisions (1) through |
(3) of this subsection to
possess machine guns, if the |
machine guns are broken down in a
non-functioning state or |
are not immediately accessible.
|
(5) Persons licensed under federal law to manufacture |
any weapon from
which 8 or more shots or bullets can be |
discharged by a
single function of the firing device, or |
ammunition for such weapons, and
actually engaged in the |
business of manufacturing such weapons or
ammunition, but |
only with respect to activities which are within the lawful
|
scope of such business, such as the manufacture, |
transportation, or testing
of such weapons or ammunition. |
This exemption does not authorize the
general private |
possession of any weapon from which 8 or more
shots or |
bullets can be discharged by a single function of the |
firing
device, but only such possession and activities as |
are within the lawful
scope of a licensed manufacturing |
business described in this paragraph.
|
During transportation, such weapons shall be broken |
down in a
non-functioning state or not immediately |
accessible.
|
(6) The manufacture, transport, testing, delivery, |
|
transfer or sale,
and all lawful commercial or experimental |
activities necessary thereto, of
rifles, shotguns, and |
weapons made from rifles or shotguns,
or ammunition for |
such rifles, shotguns or weapons, where engaged in
by a |
person operating as a contractor or subcontractor pursuant |
to a
contract or subcontract for the development and supply |
of such rifles,
shotguns, weapons or ammunition to the |
United States government or any
branch of the Armed Forces |
of the United States, when such activities are
necessary |
and incident to fulfilling the terms of such contract.
|
The exemption granted under this subdivision (c)(6)
|
shall also apply to any authorized agent of any such |
contractor or
subcontractor who is operating within the |
scope of his employment, where
such activities involving |
such weapon, weapons or ammunition are necessary
and |
incident to fulfilling the terms of such contract.
|
(7) A person possessing a rifle with a barrel or |
barrels less than 16 inches in length if: (A) the person |
has been issued a Curios and Relics license from the U.S. |
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) |
the person is an active member of a bona fide, nationally |
recognized military re-enacting group and the modification |
is required and necessary to accurately portray the weapon |
for historical re-enactment purposes; the re-enactor is in |
possession of a valid and current re-enacting group |
membership credential; and the overall length of the weapon |
|
as modified is not less than 26 inches. |
(d) Subsection 24-1(a)(1) does not apply to the purchase, |
possession
or carrying of a black-jack or slung-shot by a peace |
officer.
|
(e) Subsection 24-1(a)(8) does not apply to any owner, |
manager or
authorized employee of any place specified in that |
subsection nor to any
law enforcement officer.
|
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
Section 24-1.6
do not apply
to members of any club or |
organization organized for the purpose of practicing
shooting |
at targets upon established target ranges, whether public or |
private,
while using their firearms on those target ranges.
|
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
to:
|
(1) Members of the Armed Services or Reserve Forces of |
the United
States or the Illinois National Guard, while in |
the performance of their
official duty.
|
(2) Bonafide collectors of antique or surplus military |
ordinance.
|
(3) Laboratories having a department of forensic |
ballistics, or
specializing in the development of |
ammunition or explosive ordinance.
|
(4) Commerce, preparation, assembly or possession of |
explosive
bullets by manufacturers of ammunition licensed |
by the federal government,
in connection with the supply of |
those organizations and persons exempted
by subdivision |
|
(g)(1) of this Section, or like organizations and persons
|
outside this State, or the transportation of explosive |
bullets to any
organization or person exempted in this |
Section by a common carrier or by a
vehicle owned or leased |
by an exempted manufacturer.
|
(g-5) Subsection 24-1(a)(6) does not apply to or affect |
persons licensed
under federal law to manufacture any device or |
attachment of any kind designed,
used, or intended for use in |
silencing the report of any firearm, firearms, or
ammunition
|
for those firearms equipped with those devices, and actually |
engaged in the
business of manufacturing those devices, |
firearms, or ammunition, but only with
respect to
activities |
that are within the lawful scope of that business, such as the
|
manufacture, transportation, or testing of those devices, |
firearms, or
ammunition. This
exemption does not authorize the |
general private possession of any device or
attachment of any |
kind designed, used, or intended for use in silencing the
|
report of any firearm, but only such possession and activities |
as are within
the
lawful scope of a licensed manufacturing |
business described in this subsection
(g-5). During |
transportation, these devices shall be detached from any weapon
|
or
not immediately accessible.
|
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
|
24-1.6 do not apply to
or affect any parole agent or parole |
supervisor who meets the qualifications and conditions |
prescribed in Section 3-14-1.5 of the Unified Code of |
|
Corrections. |
(g-7) Subsection 24-1(a)(6) does not apply to a peace |
officer while serving as a member of a tactical response team |
or special operations team. A peace officer may not personally |
own or apply for ownership of a device or attachment of any |
kind designed, used, or intended for use in silencing the |
report of any firearm. These devices shall be owned and |
maintained by lawfully recognized units of government whose |
duties include the investigation of criminal acts. |
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and |
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an |
athlete's possession, transport on official Olympic and |
Paralympic transit systems established for athletes, or use of |
competition firearms sanctioned by the International Olympic |
Committee, the International Paralympic Committee, the |
International Shooting Sport Federation, or USA Shooting in |
connection with such athlete's training for and participation |
in shooting competitions at the 2016 Olympic and Paralympic |
Games and sanctioned test events leading up to the 2016 Olympic |
and Paralympic Games. |
(h) An information or indictment based upon a violation of |
any
subsection of this Article need not negative any exemptions |
contained in
this Article. The defendant shall have the burden |
of proving such an
exemption.
|
(i) Nothing in this Article shall prohibit, apply to, or |
affect
the transportation, carrying, or possession, of any |
|
pistol or revolver,
stun gun, taser, or other firearm consigned |
to a common carrier operating
under license of the State of |
Illinois or the federal government, where
such transportation, |
carrying, or possession is incident to the lawful
|
transportation in which such common carrier is engaged; and |
nothing in this
Article shall prohibit, apply to, or affect the |
transportation, carrying,
or possession of any pistol, |
revolver, stun gun, taser, or other firearm,
not the subject of |
and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
this Article, which is unloaded and enclosed in a case, firearm
|
carrying box, shipping box, or other container, by the |
possessor of a valid
Firearm Owners Identification Card.
|
(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; |
97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; |
98-463, eff. 8-16-13.)
|
Section 60. The Probation and Probation Officers Act is |
amended by adding Section 17 as follows:
|
(730 ILCS 110/17 new) |
Sec. 17. Authorization to carry weapons. Probation
|
officers may only carry weapons while in the performance of
|
their official duties, or while commuting between their homes,
|
places of employment, or specific locations that are part of
|
their assigned duties, provided they have received the prior
|
consent of the Chief Judge of the Circuit Court for which they
|
