Bill Text: IL HB4417 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Probation and Probation Officers Act. Defines "pretrial services" as the services and programs established by a circuit court within a Probation and Court Services Department under the Pretrial Services Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0725 [HB4417 Detail]
Download: Illinois-2013-HB4417-Enrolled.html
Bill Title: Amends the Probation and Probation Officers Act. Defines "pretrial services" as the services and programs established by a circuit court within a Probation and Court Services Department under the Pretrial Services Act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0725 [HB4417 Detail]
Download: Illinois-2013-HB4417-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Peace Officer Fire Investigation Act is | ||||||
5 | amended by changing Section 1 as follows:
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6 | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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7 | Sec. 1. Peace Officer Status.
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8 | (a) Any person who is a sworn member of any
organized and | ||||||
9 | paid fire department of a political subdivision of this State
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10 | and is authorized to investigate fires or explosions for such | ||||||
11 | political
subdivision and
to determine the cause, origin and | ||||||
12 | circumstances of fires or explosions
that are suspected to be | ||||||
13 | arson or arson-related crimes, may be classified
as a peace | ||||||
14 | officer by the political subdivision or agency employing such
| ||||||
15 | person. A person so classified shall possess the same powers of | ||||||
16 | arrest,
search and seizure and the securing and service of | ||||||
17 | warrants as sheriffs
of counties, and police officers within | ||||||
18 | the jurisdiction of their political
subdivision. While in the | ||||||
19 | actual investigation and matters incident thereto,
such person | ||||||
20 | may carry weapons as may be necessary, but only if that person | ||||||
21 | has
satisfactorily completed (1) a training program offered or | ||||||
22 | approved by the
Illinois Law Enforcement Training Standards | ||||||
23 | Board which substantially conforms
to standards promulgated |
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1 | pursuant to the Illinois Police Training Act and the Peace | ||||||
2 | Officer and Probation Officer Firearm Training Act; and (2) a | ||||||
3 | course in fire and arson investigation approved by the
Office | ||||||
4 | of the State Fire Marshal pursuant to the Illinois Fire | ||||||
5 | Protection
Training Act. Such training need not include | ||||||
6 | exposure to vehicle and traffic
law, traffic control and | ||||||
7 | accident investigation, or first aid, but shall
include | ||||||
8 | training in the law relating to the rights of persons suspected | ||||||
9 | of
involvement in criminal activities.
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10 | Any person granted the powers enumerated in this subsection | ||||||
11 | (a) may exercise such
powers only during the actual | ||||||
12 | investigation of the cause, origin and
circumstances of such | ||||||
13 | fires or explosions that are suspected to be arson or
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14 | arson-related crimes.
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15 | (b) Persons employed by the Office of the State Fire | ||||||
16 | Marshal to conduct arson investigations shall be designated | ||||||
17 | State Fire Marshal Arson Investigator Special Agents and shall | ||||||
18 | be peace officers with all of the powers of peace officers in | ||||||
19 | cities and sheriffs in counties, except that they may exercise | ||||||
20 | those powers throughout the State. These Special Agents may | ||||||
21 | exercise these powers only when engaging in official duties | ||||||
22 | during the actual investigation of the cause, origin, and
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23 | circumstances of such fires or explosions that are suspected to | ||||||
24 | be arson or
arson-related crimes and may carry weapons at all | ||||||
25 | times, but only if they have satisfactorily completed (1) a | ||||||
26 | training course approved by the Illinois Law Enforcement |
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1 | Training Standards Board that substantially conforms to the | ||||||
2 | standards promulgated pursuant to the Peace Officer and | ||||||
3 | Probation Officer Firearm Training Act and (2) a course in fire | ||||||
4 | and arson investigation approved by the
Office of the State | ||||||
5 | Fire Marshal pursuant to the Illinois Fire Protection
Training | ||||||
6 | Act. Such training need not include exposure to vehicle and | ||||||
7 | traffic
law, traffic control and accident investigation, or | ||||||
8 | first aid, but shall
include training in the law relating to | ||||||
9 | the rights of persons suspected of
involvement in criminal | ||||||
10 | activities. | ||||||
11 | For purposes of this subsection (b), a "State Fire Marshal | ||||||
12 | Arson Investigator Special Agent" does not include any fire | ||||||
13 | investigator, fireman, police officer, or other employee of the | ||||||
14 | federal government; any fire investigator, fireman, police | ||||||
15 | officer, or other employee of any unit of local government; or | ||||||
16 | any fire investigator, fireman, police officer, or other | ||||||
17 | employee of the State of Illinois other than an employee of the | ||||||
18 | Office of the State Fire Marshal assigned to investigate arson.
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19 | The State Fire Marshal must authorize to each employee of | ||||||
20 | the Office
of the State Fire Marshal who is exercising the | ||||||
21 | powers of a peace officer a
distinct badge that, on its face, | ||||||
22 | (i) clearly states that the badge is
authorized by the Office | ||||||
23 | of the State Fire Marshal and (ii) contains a unique
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24 | identifying number. No other badge shall be authorized by the | ||||||
25 | Office of the
State Fire Marshal, except that a badge, | ||||||
26 | different from the badge issued to
peace officers, may be |
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1 | authorized by the Office of the State Fire Marshal for
the use | ||||||
2 | of fire prevention inspectors employed by that Office.
Nothing | ||||||
3 | in this subsection prohibits the State Fire Marshal from | ||||||
4 | issuing
shields or other distinctive identification to | ||||||
5 | employees not exercising the
powers of a peace officer if the | ||||||
6 | State Fire Marshal determines that a shield or
distinctive | ||||||
7 | identification is needed by the employee to carry out his or | ||||||
8 | her
responsibilities.
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9 | (Source: P.A. 95-502, eff. 8-28-07.)
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10 | Section 10. The Illinois Police Training Act is amended by | ||||||
11 | changing Section 10.4 as follows:
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12 | (50 ILCS 705/10.4) | ||||||
13 | Sec. 10.4. Weapon certification for retired law | ||||||
14 | enforcement officers. The Board may initiate, administer, and | ||||||
15 | conduct annual firearm certification courses consistent with | ||||||
16 | the requirements enumerated in the Peace Officer and Probation | ||||||
17 | Officer Firearm Training Act for retired law enforcement | ||||||
18 | officers qualified under federal law to carry a concealed | ||||||
19 | weapon.
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20 | (Source: P.A. 94-103, eff. 7-1-05.)
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21 | Section 15. The Peace Officer Firearm Training Act is | ||||||
22 | amended by changing the title of the Act and Sections 0.01, 1, | ||||||
23 | 2, 2.5, and 3 as follows:
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1 | (50 ILCS 710/Act title)
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2 | An Act in relation to firearms training for peace officers | ||||||
3 | and probation officers .
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4 | (50 ILCS 710/0.01) (from Ch. 85, par. 514)
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5 | Sec. 0.01. Short title. This Act may be cited as the
Peace | ||||||
6 | Officer and Probation Officer Firearm Training Act.
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7 | (Source: P.A. 86-1324.)
| ||||||
8 | (50 ILCS 710/1) (from Ch. 85, par. 515)
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9 | Sec. 1. Definitions. As used in this Act: | ||||||
10 | (a) "Peace officer"
means (i) any person who by virtue of | ||||||
11 | his office or public employment is
vested by law with a primary | ||||||
12 | duty to maintain public order or to make
arrests for offenses, | ||||||
13 | whether that duty extends to all offenses or is
limited to | ||||||
14 | specific offenses, and who is employed in such capacity by any
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15 | county or municipality or (ii) any retired law enforcement | ||||||
16 | officers qualified under federal law to carry a concealed | ||||||
17 | weapon. | ||||||
18 | (a-5) "Probation officer" means a county probation officer | ||||||
19 | authorized by the Chief Judge of the Circuit Court to carry a | ||||||
20 | firearm as part of his or her duties under Section 12 of the | ||||||
21 | Probation and Probation Officers Act and Section 24-2 of the | ||||||
22 | Criminal Code of 2012. | ||||||
23 | (b)
"Firearms" means any weapon or device defined as a |
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1 | firearm in Section
1.1 of "An Act relating to the acquisition, | ||||||
2 | possession and transfer of
firearms and firearm ammunition, to | ||||||
3 | provide a penalty for the violation
thereof and to make an | ||||||
4 | appropriation in connection therewith", approved
August 3, | ||||||
5 | 1967, as amended.
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6 | (Source: P.A. 94-103, eff. 7-1-05.)
| ||||||
7 | (50 ILCS 710/2) (from Ch. 85, par. 516)
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8 | Sec. 2. Training course for peace officers and probation | ||||||
9 | officers .
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10 | (a) Successful completion of a 40 hour course of training | ||||||
11 | in use of a
suitable type firearm shall be a condition | ||||||
12 | precedent to the possession and use
of that respective firearm | ||||||
13 | by any peace officer or probation officer in this State in | ||||||
14 | connection
with the officer's official duties. The training | ||||||
15 | must be approved by the
Illinois Law Enforcement Training | ||||||
16 | Standards Board ("the
Board") and may be given in logical | ||||||
17 | segments but must be completed by a peace officer within 6
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18 | months from the date of the officer's initial employment and by | ||||||
19 | a probation officer before possession and use of a firearm in | ||||||
20 | connection with the probation officer's official duties . To | ||||||
21 | satisfy the
requirements of this Act, the training must include | ||||||
22 | the following:
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23 | (1) Instruction in the dangers of misuse of the | ||||||
24 | firearm, safety
rules, and care and cleaning of the | ||||||
25 | firearm.
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1 | (2) Practice firing on a range and qualification with | ||||||
2 | the firearm in
accordance with the standards established by | ||||||
3 | the Board.
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4 | (3) Instruction in the legal use of firearms under the | ||||||
5 | Criminal Code of
2012 and relevant court decisions.
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6 | (4) A forceful presentation of the ethical and moral | ||||||
7 | considerations
assumed by any person who uses a firearm.
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8 | (b) Any officer who successfully completes the Basic | ||||||
9 | Training Course
prescribed for recruits by the Board shall be | ||||||
10 | presumed to have satisfied
the requirements of this Act.
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11 | (c) The Board shall cause the training courses to be | ||||||
12 | conducted twice each
year within each of the Mobile Team | ||||||
13 | Regions, but no training course need be
held when there are no | ||||||
14 | police officers or probation officers requiring the training.
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15 | (d) (Blank).
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16 | (e) The Board may waive, or may conditionally waive, the 40 | ||||||
17 | hour course of
training if, in the Board's opinion, the officer | ||||||
18 | has previously successfully
completed a
course of similar | ||||||
19 | content and duration. In cases of waiver, the officer shall
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20 | demonstrate
his or her knowledge and proficiency by passing the | ||||||
21 | written examination on
firearms and
by successfully passing the | ||||||
22 | range qualification portion of the prescribed
course
of | ||||||
23 | training.
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24 | (Source: P.A. 97-1150, eff. 1-25-13.)
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25 | (50 ILCS 710/2.5) |
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1 | Sec. 2.5. Annual range qualification. The annual range | ||||||
2 | qualification for peace officers and probation officers shall | ||||||
3 | consist of range fire approved by the Illinois Law Enforcement | ||||||
4 | Training Standards Board.
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5 | (Source: P.A. 94-103, eff. 7-1-05.)
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6 | (50 ILCS 710/3) (from Ch. 85, par. 517)
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7 | Sec. 3. The Board is charged with enforcing this Act and | ||||||
8 | making
inspections to insure compliance with its provisions, | ||||||
9 | and is empowered
to promulgate rules necessary for its | ||||||
10 | administration and enforcement, including those relating to | ||||||
11 | the annual certification of retired law enforcement officers | ||||||
12 | qualified under federal law to carry a concealed weapon.
All | ||||||
13 | units of government
or other agencies
which employ or utilize | ||||||
14 | peace officers, probation officers, or that certify retired law | ||||||
15 | enforcement officers qualified under federal law to carry a | ||||||
16 | concealed weapon, shall cooperate with
the Board by furnishing | ||||||
17 | relevant information which the Board may
require. The Executive | ||||||
18 | Director of the Board shall report annually, no later
than | ||||||
19 | February 1, to the Board, with copies to the Governor and the | ||||||
20 | General
Assembly, the results of
these inspections and provide | ||||||
21 | other related information and
recommendations as it deems | ||||||
22 | proper.
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23 | (Source: P.A. 94-103, eff. 7-1-05.)
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24 | Section 20. The Counties Code is amended by changing |
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1 | Sections 3-6013 and 5-37011 as follows:
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2 | (55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
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3 | Sec. 3-6013. Duties, training and compensation of | ||||||
4 | auxiliary deputies. Auxiliary deputies shall not supplement | ||||||
5 | members of the regular county
police department or regular | ||||||
6 | deputies in the performance of their assigned
and normal | ||||||
7 | duties, except as provided herein. Auxiliary deputies may be
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8 | assigned and directed by the sheriff to perform the following | ||||||
9 | duties in
the county:
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10 | To aid or direct traffic within the county, to aid in | ||||||
11 | control of natural
or human made disasters, to aid in case of | ||||||
12 | civil disorder as assigned and
directed by the sheriff, | ||||||
13 | provided, that in emergency cases which render it
impractical | ||||||
14 | for members of the regular county police department or regular
| ||||||
15 | deputies to perform their assigned and normal duties, the | ||||||
16 | sheriff is hereby
authorized to assign and direct auxiliary | ||||||
17 | deputies to perform such regular
and normal duties. | ||||||
18 | Identification symbols worn by such auxiliary deputies
shall be | ||||||
19 | different and distinct from those used by members of the | ||||||
20 | regular
county police department or regular deputies. Such | ||||||
21 | auxiliary deputies
shall at all times during the performance of | ||||||
22 | their duties be subject to the
direction and control of the | ||||||
23 | sheriff of the county. Such auxiliary deputies
shall not carry | ||||||
24 | firearms, except with the permission of the sheriff, and
only | ||||||
25 | while in uniform and in the performance of their assigned |
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1 | duties.
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2 | Auxiliary deputies, prior to entering upon any of their | ||||||
3 | duties, shall
receive a course of training in the use of | ||||||
4 | weapons and other police
procedures as shall be appropriate in | ||||||
5 | the exercise of the powers
conferred upon them under this | ||||||
6 | Division, which training and
course of study shall be | ||||||
7 | determined and provided by the sheriff of each
county utilizing | ||||||
8 | auxiliary deputies, provided that, before being
permitted to | ||||||
9 | carry a firearm an auxiliary deputy must have the same
course | ||||||
10 | of training as required of peace officers in Section 2 of the
| ||||||
11 | Peace Officer and Probation Officer Firearm Training Act. The | ||||||
12 | county authorities shall require
that all auxiliary deputies be | ||||||
13 | residents of the county served by them.
Prior to the | ||||||
14 | appointment of any auxiliary deputy his or her fingerprints
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15 | shall be taken and no person shall be appointed as such | ||||||
16 | auxiliary deputy if
he or she has been convicted of a felony or | ||||||
17 | other crime involving moral
turpitude.
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18 | Auxiliary deputies may receive such compensation as is set | ||||||
19 | by the County Board, with the advice and consent of the | ||||||
20 | Sheriff, not to exceed the lowest hourly pay of a full-time | ||||||
21 | sworn member of the regular county police or sheriff's | ||||||
22 | department and not be paid a salary, except as provided in
| ||||||
23 | Section 3-6036, but may be reimbursed for actual expenses | ||||||
24 | incurred in
performing their assigned duty. The County Board | ||||||
25 | must approve such actual
expenses and arrange for payment.
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26 | Nothing in this Division shall preclude an auxiliary deputy |
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1 | from holding
a simultaneous appointment as an auxiliary police | ||||||
2 | officer pursuant to Section
3-6-5 of the Illinois Municipal | ||||||
3 | Code.
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4 | (Source: P.A. 97-379, eff. 8-15-11.)
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5 | (55 ILCS 5/5-37011) (from Ch. 34, par. 5-37011)
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6 | Sec. 5-37011. Hospital security police force. The board of
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7 | commissioners, subject to the applicable merit system rules, | ||||||
8 | may establish
and maintain a Hospital Security Police Force and | ||||||
9 | may define and prescribe
all such peace officers' duties and | ||||||
10 | compensation. Every security police
officer appointed by the | ||||||
11 | board to such Security Police Force, as the same
shall be from | ||||||
12 | time to time hereafter constituted, shall have and is hereby
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13 | vested with police powers, and is hereby authorized to act as a | ||||||
14 | conservator
of the peace within and upon any and all hospital | ||||||
15 | facilities operated and
hospital premises controlled by such | ||||||
16 | board, and shall have power to make
arrests or cause to be | ||||||
17 | arrested, with or without process, any person who
breaks the | ||||||
18 | peace, or may be found violating any State statutes or city or
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19 | county ordinances within or upon such facilities or premises.
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20 | The board may establish reasonable eligibility | ||||||
21 | requirements for appointment
to such Security Police Force | ||||||
22 | relating to residence, health, habits and
moral character. | ||||||
23 | However, no person may be appointed hereunder unless that
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24 | person is at least 21 years of age. No person may be appointed | ||||||
25 | to or be
retained in the Hospital Security Police Force unless |
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1 | that person is of
good character and not a habitual drunkard, | ||||||
2 | gambler or a person convicted
of a felony or a crime involving | ||||||
3 | moral turpitude. All Security Police Force
personnel | ||||||
4 | authorized to carry weapons within or upon hospital facilities
| ||||||
5 | or premises while on-duty shall receive a course of training in | ||||||
6 | the legal
and practical use of such weapons as is required of a | ||||||
7 | police officer under
the Peace Officer and Probation Officer | ||||||
8 | Firearm Training Act "An Act in relation to firearms training | ||||||
9 | for peace officers", approved
August 29, 1975, as amended, and | ||||||
10 | all such Security Police Force personnel
shall also have | ||||||
11 | received the training and certification required by the
| ||||||
12 | "Illinois Police Training Act" as now or hereafter amended. | ||||||
13 | Security Police
Force personnel shall not carry weapons while | ||||||
14 | off-duty and all weapons shall
be checked and secured on the | ||||||
15 | hospital premises while such personnel remain
off-duty.
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16 | (Source: P.A. 86-962.)
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17 | Section 25. The Township Code is amended by changing | ||||||
18 | Section 100-10 as follows:
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19 | (60 ILCS 1/100-10)
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20 | Sec. 100-10. Township enforcement officer.
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21 | (a) The township board may appoint one or more township | ||||||
22 | enforcement officers to serve
for a term of one year and may | ||||||
23 | remove an officer with or without cause. Every person
appointed | ||||||
24 | to the office of township enforcement officer, before entering |
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1 | on the
duties of the office and within 10 days after being | ||||||
2 | notified of the
appointment, shall cause to be filed in the | ||||||
3 | office of the township clerk a
notice signifying his or her | ||||||
4 | acceptance of the office. A neglect to cause the
notice to be | ||||||
5 | filed shall be deemed a refusal to serve.
| ||||||
6 | (b) The sheriff of the county in which the township is | ||||||
7 | situated may
disapprove any such appointment within 30 days | ||||||
8 | after the notice is filed. The
disapproval precludes that | ||||||
9 | person from serving as a township enforcement
officer, and the | ||||||
10 | township board may appoint another person
to that position
| ||||||
11 | subject to approval by the sheriff.
| ||||||
12 | (c) Every person appointed to the office of township | ||||||
13 | enforcement officer,
before entering upon the duties of the | ||||||
14 | office, shall execute, with sufficient
sureties to be approved | ||||||
15 | by the supervisor or clerk of the township, an
instrument in | ||||||
16 | writing by which the township enforcement officer and his or | ||||||
17 | her
sureties shall jointly and severally agree to pay to each | ||||||
18 | and every person who
may be entitled thereto all sums of money | ||||||
19 | as the township enforcement officer
may become liable to pay on | ||||||
20 | account of any neglect or default of the township
enforcement | ||||||
21 | officer or on account of any misfeasance of the township
| ||||||
22 | enforcement officer in the discharge of, or failure to | ||||||
23 | faithfully perform, any
of the duties of the office.
| ||||||
24 | (d) The township enforcement officers shall have the same | ||||||
25 | power and authority
within the township as a deputy sheriff but | ||||||
26 | only for the purpose of enforcing
township ordinances. |
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1 | Notwithstanding any other provisions of this Section, township | ||||||
2 | enforcement officers are authorized to enforce county | ||||||
3 | ordinances within areas of a county located within the township | ||||||
4 | pursuant to intergovernmental agreements between the | ||||||
5 | respective county and township to the extent authorized by the | ||||||
6 | agreement. The township enforcement officer shall not carry | ||||||
7 | firearms
and will not be required to comply with the Peace | ||||||
8 | Officer and Probation Officer Firearm Training Act.
The officer | ||||||
9 | shall attend law enforcement training classes conducted by the
| ||||||
10 | Illinois Law Enforcement Training Standards Board. The | ||||||
11 | township board
shall appropriate all necessary monies for the | ||||||
12 | training.
| ||||||
13 | (d-5) (1) Except as provided in paragraph (2) of this | ||||||
14 | subsection, in all
actions for the violation of any township | ||||||
15 | ordinance, township enforcement
officers shall be authorized | ||||||
16 | to issue and to serve upon any person who the
township | ||||||
17 | enforcement officer has reasonable grounds to believe is guilty | ||||||
18 | of a
violation of a township ordinance a notice of violation | ||||||
19 | that shall constitute
a summons and complaint. A copy of such | ||||||
20 | notice of violation shall be forwarded
to the circuit court | ||||||
21 | having jurisdiction over the township where the violation
is | ||||||
22 | alleged to have been committed. Every person who has been | ||||||
23 | issued a summons
shall appear for trial, and the action shall | ||||||
24 | be prosecuted in the corporate
name of the township. | ||||||
25 | Enforcement of county ordinances shall be in accordance with | ||||||
26 | procedures adopted by the county and any applicable State law.
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1 | (2) In all actions for violation of any township ordinance | ||||||
2 | when the fine
would not be in excess of $500 and no jail term | ||||||
3 | could be imposed, service of
summons may be made by the | ||||||
4 | township clerk by certified mail, return receipt
requested, | ||||||
5 | whether service is to be within or without the State.
| ||||||
6 | (e) The township enforcement officers shall carry | ||||||
7 | identification documents
provided by the township board | ||||||
8 | identifying him or her as a township
enforcement officer. The | ||||||
9 | officers shall notify the township clerk of any
violations of | ||||||
10 | township ordinances.
| ||||||
11 | (f) Nothing in this Code precludes a county auxiliary | ||||||
12 | deputy or deputy
sheriff, or a municipal policeman or auxiliary | ||||||
13 | police officer from serving as a
township enforcement officer | ||||||
14 | during off-duty hours.
| ||||||
15 | (g) The township board may provide compensation for the | ||||||
16 | township enforcement
officer on either a per diem or a salary | ||||||
17 | basis.
| ||||||
18 | (h) (Blank).
| ||||||
19 | (Source: P.A. 97-330, eff. 8-12-11.)
| ||||||
20 | Section 30. The Illinois Municipal Code is amended by | ||||||
21 | changing Section 3.1-30-20 as follows:
| ||||||
22 | (65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
| ||||||
23 | Sec. 3.1-30-20. Auxiliary police officers.
| ||||||
24 | (a) Auxiliary police officers shall
not be members of the |
| |||||||
| |||||||
1 | regular police department of the municipality.
Auxiliary | ||||||
2 | police officers shall not supplement members of the regular
| ||||||
3 | police department of any municipality in the performance of | ||||||
4 | their
assigned and normal duties, except as otherwise provided | ||||||
5 | in this Code.
Auxiliary police officers shall only be assigned | ||||||
6 | to perform the following
duties in a municipality:
(i) to aid | ||||||
7 | or direct traffic within the
municipality, (ii) to aid in | ||||||
8 | control of natural or man made disasters, and
(iii) to aid
in | ||||||
9 | case of civil disorder as directed by the chief of police.
When | ||||||
10 | it is impractical for members of the regular
police department | ||||||
11 | to perform those normal and regular police duties, however,
the
| ||||||
12 | chief of police of the regular police department may
assign | ||||||
13 | auxiliary police officers to perform those normal and regular | ||||||
14 | police
duties. Identification symbols worn by auxiliary police | ||||||
15 | officers shall be
different and distinct from those used by | ||||||
16 | members of the regular police
department. Auxiliary police | ||||||
17 | officers shall at all times during the
performance of their | ||||||
18 | duties be subject to the direction and control of
the chief of | ||||||
19 | police of the municipality. Auxiliary police officers
shall not | ||||||
20 | carry firearms, except with the permission of the chief of
| ||||||
21 | police and while in uniform and in the performance of their | ||||||
22 | duties.
Auxiliary police officers, when on duty, shall also be | ||||||
23 | conservators of the
peace and shall have the powers specified | ||||||
24 | in Section 3.1-15-25.
| ||||||
25 | (b) Auxiliary police officers, before entering upon any of | ||||||
26 | their duties,
shall receive a course of training in the use of |
| |||||||
| |||||||
1 | weapons and other
police procedures appropriate for the | ||||||
2 | exercise of the powers
conferred upon them under this Code. The | ||||||
3 | training and course of study
shall be determined and provided | ||||||
4 | by the corporate authorities of each
municipality employing | ||||||
5 | auxiliary police officers. Before being permitted to carry a | ||||||
6 | firearm, however, an auxiliary police officer must have the | ||||||
7 | same course of training as required of peace officers under | ||||||
8 | Section 2 of the Peace Officer and Probation Officer Firearm | ||||||
9 | Training Act. The municipal authorities may
require that all | ||||||
10 | auxiliary police officers be residents of the municipality
| ||||||
11 | served by them. Before the appointment of an auxiliary police | ||||||
12 | officer, the
person's fingerprints shall be taken, and no | ||||||
13 | person shall be appointed as an
auxiliary police officer if | ||||||
14 | that person has been convicted of a felony or other
crime
| ||||||
15 | involving moral turpitude.
| ||||||
16 | (c) The Line of Duty Compensation Act
shall be applicable | ||||||
17 | to auxiliary police officers
upon their death in the line of | ||||||
18 | duty described in this Code.
| ||||||
19 | (Source: P.A. 94-984, eff. 6-30-06.)
| ||||||
20 | Section 35. The Civic Center Code is amended by changing | ||||||
21 | Section 240-40 as follows:
| ||||||
22 | (70 ILCS 200/240-40)
| ||||||
23 | Sec. 240-40. Security police force. The Board of the
| ||||||
24 | Authority may establish and maintain a Security
Police Force |
| |||||||
| |||||||
1 | and may define and prescribe all such peace officers' duties
| ||||||
2 | and compensation. Every security police officer appointed by | ||||||
3 | the Board
to such Security Police Force, as the same shall be | ||||||
4 | from time to time hereafter
constituted, shall have and is | ||||||
5 | hereby vested with police powers, and is
hereby authorized to | ||||||
6 | act as a conservator of the peace within and upon driveways,
| ||||||
7 | sidewalks and property controlled by such Authority, and shall | ||||||
8 | have power
to make arrests or cause to be arrested, with or | ||||||
9 | without process, any person
who breaks the peace, or may be | ||||||
10 | found violating any of the penal ordinances
of such Authority, | ||||||
11 | or of the City of Rockford or any criminal law of the State.
| ||||||
12 | An arrest may be made by any such officer without a warrant | ||||||
13 | when a criminal
offense is committed or attempted in his | ||||||
14 | presence or when a criminal offense
has, in fact, been | ||||||
15 | committed, and the officer has reasonable ground for
believing | ||||||
16 | that the person to be arrested has committed it. Any person so
| ||||||
17 | arrested shall, without unnecessary delay, be taken by such | ||||||
18 | officer before
the circuit court of the county having | ||||||
19 | jurisdiction of the offense committed
or charged against such | ||||||
20 | person, and such police officer shall thereupon
make and file a | ||||||
21 | complaint in writing under oath, against such defendant,
| ||||||
22 | charging the violation by such defendant of such statute or | ||||||
23 | ordinance, and
such offender shall thereupon be dealt with | ||||||
24 | according to law in the same
manner as if he had been arrested | ||||||
25 | in the first instance under warrant lawfully
issued. However, | ||||||
26 | no member of any such Security Police Force shall be vested
|
| |||||||
| |||||||
1 | with any police power outside the limits of the metropolitan | ||||||
2 | area except
pursuant to and in accordance with an | ||||||
3 | intergovernmental cooperation agreement
to which the Authority | ||||||
4 | is a party.
| ||||||
5 | In all actions for the violation of any ordinance of the | ||||||
6 | Authority, the
first process shall be a summons or a warrant. A | ||||||
7 | warrant for the arrest
of an accused person may issue upon the | ||||||
8 | affidavit of any person that an
ordinance has been violated, | ||||||
9 | and that person making the complaint has reasonable
grounds to | ||||||
10 | believe that the party charged is guilty thereof. Every person
| ||||||
11 | arrested upon a warrant, without unnecessary delay, shall be | ||||||
12 | taken before
the proper officer for trial.
| ||||||
13 | The Board of the Authority may establish reasonable | ||||||
14 | eligibility requirements
for appointment to such Security | ||||||
15 | Police Force relating to health, habits
and moral character. | ||||||
16 | However, no person may be appointed hereunder unless
that | ||||||
17 | person is at least 21 years of age. No person may be appointed | ||||||
18 | to
or be retained in the Security Police Force unless that | ||||||
19 | person is of good
character and not a habitual drunkard, | ||||||
20 | gambler or a person convicted of
a felony or a crime involving | ||||||
21 | moral turpitude. All such Security Police
Force personnel | ||||||
22 | authorized to carry weapons shall receive a course of training
| ||||||
23 | in the legal and practical use of such weapons as is required | ||||||
24 | of a police
officer under the Peace Officer and Probation | ||||||
25 | Officer Firearm Training Act, and all such Security Police | ||||||
26 | Force
personnel shall also have received the training and |
| |||||||
| |||||||
1 | certification required
by the Illinois Police Training Act.
| ||||||
2 | (Source: P.A. 90-328, eff. 1-1-98.)
| ||||||
3 | Section 40. The Park District Police Act is amended by | ||||||
4 | changing Section 1 as follows:
| ||||||
5 | (70 ILCS 1325/1) (from Ch. 105, par. 330a)
| ||||||
6 | Sec. 1. Park police powers.
| ||||||
7 | (a) Whenever any park district establishes a
police force | ||||||
8 | under Section 4-7 of the Park District Code, each officer of | ||||||
9 | that
force is vested with police
powers, is authorized to act | ||||||
10 | as a conservator of the peace
within that park district,
and | ||||||
11 | may arrest or cause to be arrested, with or without a warrant, | ||||||
12 | any
person who breaks the peace, or who violates any
ordinance
| ||||||
13 | of a city, town, or village, or of the park district, or any | ||||||
14 | criminal
law of the State.
If a park district maintains an | ||||||
15 | airport, this authority also extends to any
violation of a rule | ||||||
16 | or regulation of a governing federal agency or any federal,
| ||||||
17 | State, or local law relating to that operation. The authority | ||||||
18 | granted under
this Section is expressly limited to park | ||||||
19 | district property and shall not be
construed to extend to any | ||||||
20 | other jurisdiction except in cases of fresh pursuit
or under a | ||||||
21 | validly executed intergovernmental cooperation agreement.
| ||||||
22 | (b) An arrest may be made by a park police officer
without | ||||||
23 | a
warrant when a criminal offense is committed or attempted in | ||||||
24 | his
presence, or when a criminal offense has been committed
and
|
| |||||||
| |||||||
1 | the officer has reasonable ground for believing that the person | ||||||
2 | to be
arrested has committed it. Any person so arrested shall, | ||||||
3 | without
unnecessary delay, be taken by the officer before the | ||||||
4 | circuit
court of
the county having jurisdiction, and the | ||||||
5 | officer shall file a complaint in writing under oath,
charging
| ||||||
6 | the defendant with a violation of a
statute or ordinance.
| ||||||
7 | (c) A full or part-time police officer employed under this | ||||||
8 | Section shall
comply with the requirements of the Illinois | ||||||
9 | Police Training Act. In addition,
before carrying a firearm, | ||||||
10 | each officer shall complete a training course
under the Peace | ||||||
11 | Officer and Probation Officer Firearm Training Act.
| ||||||
12 | (Source: P.A. 89-458, eff. 5-24-96.)
| ||||||
13 | Section 45. The Private College Campus Police Act is | ||||||
14 | amended by changing Section 1 as follows:
| ||||||
15 | (110 ILCS 1020/1) (from Ch. 144, par. 1951)
| ||||||
16 | Sec. 1.
The Board of Trustees of a private college or | ||||||
17 | private
university, may appoint persons to be members of a | ||||||
18 | campus police
department. The Board shall assign duties, | ||||||
19 | including the enforcement of
college or university | ||||||
20 | regulations, and prescribe the oath of office. With
respect to | ||||||
21 | any such campus police department established for police
| ||||||
22 | protection, the members of such campus police department shall | ||||||
23 | be persons
who have successfully completed the Minimum | ||||||
24 | Standards Basic Law Enforcement
Training Course offered at a |
| |||||||
| |||||||
1 | police training school established under the
Illinois Police | ||||||
2 | Training Act, as such Act may be now or hereafter amended.
All | ||||||
3 | members of such campus police departments must also | ||||||
4 | successfully
complete the Firearms Training for Peace Officers | ||||||
5 | established under the Peace Officer and Probation Officer | ||||||
6 | Firearm Training Act an Act
in Relation To Firearms Training | ||||||
7 | for Peace Officers, as such Act may be now
or hereafter | ||||||
8 | amended .
Members of the campus police department shall have the | ||||||
9 | powers of municipal
peace officers and county sheriffs, | ||||||
10 | including the power to make arrests
under the circumstances | ||||||
11 | prescribed in Section 107-2 of the Code of
Criminal Procedure | ||||||
12 | of 1963, as amended, for violations of state statutes or
| ||||||
13 | municipal or county ordinances, including the ability to | ||||||
14 | regulate and control traffic on the public way contiguous to | ||||||
15 | the college or university property, for the protection of
| ||||||
16 | students, employees, visitors and their property, and the | ||||||
17 | property branches, and interests of the college or university, | ||||||
18 | in the county where the college or university is located. | ||||||
19 | Campus police shall have no authority to serve civil process.
| ||||||
20 | Members of the campus police department at a private | ||||||
21 | college or private
university shall not be eligible to | ||||||
22 | participate in any State, county or
municipal retirement fund | ||||||
23 | and shall not be reimbursed for training with
state funds. the | ||||||
24 | uniforms, vehicles, and badges of such officers shall be
| ||||||
25 | distinctive from those of the local law enforcement agency | ||||||
26 | where the main campus is located.
|
| |||||||
| |||||||
1 | The Board of Trustees shall provide liability insurance | ||||||
2 | coverage for each
member of the campus police department | ||||||
3 | without cost to the member, which
insures the member against | ||||||
4 | any liability which arises out of or in the
course of the | ||||||
5 | member's employment for no less than $250,000 of coverage,
| ||||||
6 | unless such indemnification is provided by a program of | ||||||
7 | self-insurance.
| ||||||
8 | For the purposes of this Section, "private college" or | ||||||
9 | "private
university" means: (1) any college or university which | ||||||
10 | is not owned or
controlled by the State or any political | ||||||
11 | subdivision thereof, and (2) which
provides a program of | ||||||
12 | education in residence leading to a baccalaureate
degree, or | ||||||
13 | which provides a program of education in residence, for which
| ||||||
14 | the baccalaureate degree is a prerequisite, leading to an | ||||||
15 | academic or
professional degree, and (3) which is accredited by | ||||||
16 | the
North Central Association or other nationally recognized | ||||||
17 | accrediting agency.
| ||||||
18 | (Source: P.A. 96-594, eff. 1-1-10.)
| ||||||
19 | Section 50. The Animal Control Act is amended by changing | ||||||
20 | Section 5 as follows:
| ||||||
21 | (510 ILCS 5/5) (from Ch. 8, par. 355)
| ||||||
22 | Sec. 5. Duties and powers.
| ||||||
23 | (a) It shall be the duty of the Administrator or the Deputy
| ||||||
24 | Administrator, through sterilization,
humane education, rabies
|
| |||||||
| |||||||
1 | inoculation, stray control, impoundment, quarantine, and any | ||||||
2 | other means deemed
necessary, to control and prevent the spread | ||||||
3 | of rabies and
to exercise dog and cat overpopulation control. | ||||||
4 | It
shall
also be the duty of the Administrator to investigate | ||||||
5 | and substantiate all
claims made under Section 19 of this Act.
| ||||||
6 | (b) Counties may by ordinance determine the extent of the | ||||||
7 | police powers
that may be exercised by the Administrator, | ||||||
8 | Deputy Administrators, and Animal
Control Wardens, which
| ||||||
9 | powers shall pertain only to this Act. The Administrator, | ||||||
10 | Deputy
Administrators, and Animal Control Wardens may issue and | ||||||
11 | serve citations and
orders for violations of
this Act. The
| ||||||
12 | Administrator, Deputy Administrators, and Animal Control | ||||||
13 | Wardens may not
carry weapons unless they have been
| ||||||
14 | specifically authorized to carry weapons by county ordinance. | ||||||
15 | Animal Control
Wardens, however, may use tranquilizer guns and | ||||||
16 | other nonlethal weapons and
equipment without specific
weapons | ||||||
17 | authorization.
| ||||||
18 | A person authorized to carry firearms by county ordinance | ||||||
19 | under this
subsection must have completed the training course | ||||||
20 | for peace officers
prescribed in the Peace Officer and | ||||||
21 | Probation Officer Firearm Training Act. The cost of this
| ||||||
22 | training
shall be paid by the county.
| ||||||
23 | (c) The sheriff and all sheriff's deputies and municipal
| ||||||
24 | police officers shall cooperate with the Administrator and his | ||||||
25 | or her
representatives in carrying out the
provisions of this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (d) The Administrator and animal control wardens shall aid | ||||||
2 | in the enforcement of the Humane Care for Animals Act and have | ||||||
3 | the ability to impound animals and apply for security posting | ||||||
4 | for violation of that Act.
| ||||||
5 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
6 | Section 55. The Criminal Code of 2012 is amended by | ||||||
7 | changing Section 24-2 as follows:
| ||||||
8 | (720 ILCS 5/24-2)
| ||||||
9 | Sec. 24-2. Exemptions.
| ||||||
10 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
11 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
12 | the following:
| ||||||
13 | (1) Peace officers, and any person summoned by a peace | ||||||
14 | officer to
assist in making arrests or preserving the | ||||||
15 | peace, while actually engaged in
assisting such officer.
| ||||||
16 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
17 | penitentiaries, jails and other institutions for the | ||||||
18 | detention of persons
accused or convicted of an offense, | ||||||
19 | while in the performance of their
official duty, or while | ||||||
20 | commuting between their homes and places of employment.
| ||||||
21 | (3) Members of the Armed Services or Reserve Forces of | ||||||
22 | the United States
or the Illinois National Guard or the | ||||||
23 | Reserve Officers Training Corps,
while in the performance | ||||||
24 | of their official duty.
|
| |||||||
| |||||||
1 | (4) Special agents employed by a railroad or a public | ||||||
2 | utility to
perform police functions, and guards of armored | ||||||
3 | car companies, while
actually engaged in the performance of | ||||||
4 | the duties of their employment or
commuting between their | ||||||
5 | homes and places of employment; and watchmen
while actually | ||||||
6 | engaged in the performance of the duties of their | ||||||
7 | employment.
| ||||||
8 | (5) Persons licensed as private security contractors, | ||||||
9 | private
detectives, or private alarm contractors, or | ||||||
10 | employed by an agency
certified by the Department of | ||||||
11 | Financial and Professional Regulation, if their duties
| ||||||
12 | include the carrying of a weapon under the provisions of | ||||||
13 | the Private
Detective, Private Alarm,
Private Security, | ||||||
14 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
15 | actually
engaged in the performance of the duties of their | ||||||
16 | employment or commuting
between their homes and places of | ||||||
17 | employment, provided that such commuting
is accomplished | ||||||
18 | within one hour from departure from home or place of
| ||||||
19 | employment, as the case may be. A person shall be | ||||||
20 | considered eligible for this
exemption if he or she has | ||||||
21 | completed the required 20
hours of training for a private | ||||||
22 | security contractor, private
detective, or private alarm | ||||||
23 | contractor, or employee of a licensed agency and 20 hours | ||||||
24 | of required firearm
training, and has been issued a firearm | ||||||
25 | control card by
the Department of Financial and | ||||||
26 | Professional Regulation. Conditions for the renewal of
|
| |||||||
| |||||||
1 | firearm control cards issued under the provisions of this | ||||||
2 | Section
shall be the same as for those cards issued under | ||||||
3 | the provisions of the
Private Detective, Private Alarm,
| ||||||
4 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
5 | 2004. The
firearm control card shall be carried by the | ||||||
6 | private security contractor, private
detective, or private | ||||||
7 | alarm contractor, or employee of the licensed agency at all
| ||||||
8 | times when he or she is in possession of a concealable | ||||||
9 | weapon.
| ||||||
10 | (6) Any person regularly employed in a commercial or | ||||||
11 | industrial
operation as a security guard for the protection | ||||||
12 | of persons employed
and private property related to such | ||||||
13 | commercial or industrial
operation, while actually engaged | ||||||
14 | in the performance of his or her
duty or traveling between | ||||||
15 | sites or properties belonging to the
employer, and who, as | ||||||
16 | a security guard, is a member of a security force of
at | ||||||
17 | least 5 persons registered with the Department of Financial | ||||||
18 | and Professional
Regulation; provided that such security | ||||||
19 | guard has successfully completed a
course of study, | ||||||
20 | approved by and supervised by the Department of
Financial | ||||||
21 | and Professional Regulation, consisting of not less than 40 | ||||||
22 | hours of training
that includes the theory of law | ||||||
23 | enforcement, liability for acts, and the
handling of | ||||||
24 | weapons. A person shall be considered eligible for this
| ||||||
25 | exemption if he or she has completed the required 20
hours | ||||||
26 | of training for a security officer and 20 hours of required |
| |||||||
| |||||||
1 | firearm
training, and has been issued a firearm control | ||||||
2 | card by
the Department of Financial and Professional | ||||||
3 | Regulation. Conditions for the renewal of
firearm control | ||||||
4 | cards issued under the provisions of this Section
shall be | ||||||
5 | the same as for those cards issued under the provisions of | ||||||
6 | the
Private Detective, Private Alarm,
Private Security, | ||||||
7 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
8 | control card shall be carried by the security guard at all
| ||||||
9 | times when he or she is in possession of a concealable | ||||||
10 | weapon.
| ||||||
11 | (7) Agents and investigators of the Illinois | ||||||
12 | Legislative Investigating
Commission authorized by the | ||||||
13 | Commission to carry the weapons specified in
subsections | ||||||
14 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
15 | any investigation for the Commission.
| ||||||
16 | (8) Persons employed by a financial institution for the | ||||||
17 | protection of
other employees and property related to such | ||||||
18 | financial institution, while
actually engaged in the | ||||||
19 | performance of their duties, commuting between
their homes | ||||||
20 | and places of employment, or traveling between sites or
| ||||||
21 | properties owned or operated by such financial | ||||||
22 | institution, provided that
any person so employed has | ||||||
23 | successfully completed a course of study,
approved by and | ||||||
24 | supervised by the Department of Financial and Professional | ||||||
25 | Regulation,
consisting of not less than 40 hours of | ||||||
26 | training which includes theory of
law enforcement, |
| |||||||
| |||||||
1 | liability for acts, and the handling of weapons.
A person | ||||||
2 | shall be considered to be eligible for this exemption if he | ||||||
3 | or
she has completed the required 20 hours of training for | ||||||
4 | a security officer
and 20 hours of required firearm | ||||||
5 | training, and has been issued a
firearm control card by the | ||||||
6 | Department of Financial and Professional Regulation.
| ||||||
7 | Conditions for renewal of firearm control cards issued | ||||||
8 | under the
provisions of this Section shall be the same as | ||||||
9 | for those issued under the
provisions of the Private | ||||||
10 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
11 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
12 | card shall be carried by the person so
trained at all times | ||||||
13 | when such person is in possession of a concealable
weapon. | ||||||
14 | For purposes of this subsection, "financial institution" | ||||||
15 | means a
bank, savings and loan association, credit union or | ||||||
16 | company providing
armored car services.
| ||||||
17 | (9) Any person employed by an armored car company to | ||||||
18 | drive an armored
car, while actually engaged in the | ||||||
19 | performance of his duties.
| ||||||
20 | (10) Persons who have been classified as peace officers | ||||||
21 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
22 | (11) Investigators of the Office of the State's | ||||||
23 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
24 | governors of the Office of the
State's Attorneys Appellate | ||||||
25 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
26 | State's Attorneys Appellate Prosecutor's Act.
|
| |||||||
| |||||||
1 | (12) Special investigators appointed by a State's | ||||||
2 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
3 | (12.5) Probation officers while in the performance of | ||||||
4 | their duties, or
while commuting between their homes, | ||||||
5 | places of employment or specific locations
that are part of | ||||||
6 | their assigned duties, with the consent of the chief judge | ||||||
7 | of
the circuit for which they are employed , if they have | ||||||
8 | received weapons training according
to requirements of the | ||||||
9 | Peace Officer and Probation Officer Firearm Training Act .
| ||||||
10 | (13) Court Security Officers while in the performance | ||||||
11 | of their official
duties, or while commuting between their | ||||||
12 | homes and places of employment, with
the
consent of the | ||||||
13 | Sheriff.
| ||||||
14 | (13.5) A person employed as an armed security guard at | ||||||
15 | a nuclear energy,
storage, weapons or development site or | ||||||
16 | facility regulated by the Nuclear
Regulatory Commission | ||||||
17 | who has completed the background screening and training
| ||||||
18 | mandated by the rules and regulations of the Nuclear | ||||||
19 | Regulatory Commission.
| ||||||
20 | (14) Manufacture, transportation, or sale of weapons | ||||||
21 | to
persons
authorized under subdivisions (1) through | ||||||
22 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
23 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
24 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
25 | or handgun and the person has been issued a currently valid | ||||||
26 | license under the Firearm Concealed Carry Act at the time of |
| |||||||
| |||||||
1 | the commission of the offense. | ||||||
2 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
3 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
4 | (1) Members of any club or organization organized for | ||||||
5 | the purpose of
practicing shooting at targets upon | ||||||
6 | established target ranges, whether
public or private, and | ||||||
7 | patrons of such ranges, while such members
or patrons are | ||||||
8 | using their firearms on those target ranges.
| ||||||
9 | (2) Duly authorized military or civil organizations | ||||||
10 | while parading,
with the special permission of the | ||||||
11 | Governor.
| ||||||
12 | (3) Hunters, trappers or fishermen with a license or
| ||||||
13 | permit while engaged in hunting,
trapping or fishing.
| ||||||
14 | (4) Transportation of weapons that are broken down in a
| ||||||
15 | non-functioning state or are not immediately accessible.
| ||||||
16 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
17 | gun or taser or other firearm on the land or in the legal | ||||||
18 | dwelling of another person as an invitee with that person's | ||||||
19 | permission. | ||||||
20 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
21 | of the
following:
| ||||||
22 | (1) Peace officers while in performance of their | ||||||
23 | official duties.
| ||||||
24 | (2) Wardens, superintendents and keepers of prisons, | ||||||
25 | penitentiaries,
jails and other institutions for the | ||||||
26 | detention of persons accused or
convicted of an offense.
|
| |||||||
| |||||||
1 | (3) Members of the Armed Services or Reserve Forces of | ||||||
2 | the United States
or the Illinois National Guard, while in | ||||||
3 | the performance of their official
duty.
| ||||||
4 | (4) Manufacture, transportation, or sale of machine | ||||||
5 | guns to persons
authorized under subdivisions (1) through | ||||||
6 | (3) of this subsection to
possess machine guns, if the | ||||||
7 | machine guns are broken down in a
non-functioning state or | ||||||
8 | are not immediately accessible.
| ||||||
9 | (5) Persons licensed under federal law to manufacture | ||||||
10 | any weapon from
which 8 or more shots or bullets can be | ||||||
11 | discharged by a
single function of the firing device, or | ||||||
12 | ammunition for such weapons, and
actually engaged in the | ||||||
13 | business of manufacturing such weapons or
ammunition, but | ||||||
14 | only with respect to activities which are within the lawful
| ||||||
15 | scope of such business, such as the manufacture, | ||||||
16 | transportation, or testing
of such weapons or ammunition. | ||||||
17 | This exemption does not authorize the
general private | ||||||
18 | possession of any weapon from which 8 or more
shots or | ||||||
19 | bullets can be discharged by a single function of the | ||||||
20 | firing
device, but only such possession and activities as | ||||||
21 | are within the lawful
scope of a licensed manufacturing | ||||||
22 | business described in this paragraph.
| ||||||
23 | During transportation, such weapons shall be broken | ||||||
24 | down in a
non-functioning state or not immediately | ||||||
25 | accessible.
| ||||||
26 | (6) The manufacture, transport, testing, delivery, |
| |||||||
| |||||||
1 | transfer or sale,
and all lawful commercial or experimental | ||||||
2 | activities necessary thereto, of
rifles, shotguns, and | ||||||
3 | weapons made from rifles or shotguns,
or ammunition for | ||||||
4 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
5 | person operating as a contractor or subcontractor pursuant | ||||||
6 | to a
contract or subcontract for the development and supply | ||||||
7 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
8 | United States government or any
branch of the Armed Forces | ||||||
9 | of the United States, when such activities are
necessary | ||||||
10 | and incident to fulfilling the terms of such contract.
| ||||||
11 | The exemption granted under this subdivision (c)(6)
| ||||||
12 | shall also apply to any authorized agent of any such | ||||||
13 | contractor or
subcontractor who is operating within the | ||||||
14 | scope of his employment, where
such activities involving | ||||||
15 | such weapon, weapons or ammunition are necessary
and | ||||||
16 | incident to fulfilling the terms of such contract.
| ||||||
17 | (7) A person possessing a rifle with a barrel or | ||||||
18 | barrels less than 16 inches in length if: (A) the person | ||||||
19 | has been issued a Curios and Relics license from the U.S. | ||||||
20 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
21 | the person is an active member of a bona fide, nationally | ||||||
22 | recognized military re-enacting group and the modification | ||||||
23 | is required and necessary to accurately portray the weapon | ||||||
24 | for historical re-enactment purposes; the re-enactor is in | ||||||
25 | possession of a valid and current re-enacting group | ||||||
26 | membership credential; and the overall length of the weapon |
| |||||||
| |||||||
1 | as modified is not less than 26 inches. | ||||||
2 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
3 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
4 | officer.
| ||||||
5 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
6 | manager or
authorized employee of any place specified in that | ||||||
7 | subsection nor to any
law enforcement officer.
| ||||||
8 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
9 | Section 24-1.6
do not apply
to members of any club or | ||||||
10 | organization organized for the purpose of practicing
shooting | ||||||
11 | at targets upon established target ranges, whether public or | ||||||
12 | private,
while using their firearms on those target ranges.
| ||||||
13 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
14 | to:
| ||||||
15 | (1) Members of the Armed Services or Reserve Forces of | ||||||
16 | the United
States or the Illinois National Guard, while in | ||||||
17 | the performance of their
official duty.
| ||||||
18 | (2) Bonafide collectors of antique or surplus military | ||||||
19 | ordinance.
| ||||||
20 | (3) Laboratories having a department of forensic | ||||||
21 | ballistics, or
specializing in the development of | ||||||
22 | ammunition or explosive ordinance.
| ||||||
23 | (4) Commerce, preparation, assembly or possession of | ||||||
24 | explosive
bullets by manufacturers of ammunition licensed | ||||||
25 | by the federal government,
in connection with the supply of | ||||||
26 | those organizations and persons exempted
by subdivision |
| |||||||
| |||||||
1 | (g)(1) of this Section, or like organizations and persons
| ||||||
2 | outside this State, or the transportation of explosive | ||||||
3 | bullets to any
organization or person exempted in this | ||||||
4 | Section by a common carrier or by a
vehicle owned or leased | ||||||
5 | by an exempted manufacturer.
| ||||||
6 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
7 | persons licensed
under federal law to manufacture any device or | ||||||
8 | attachment of any kind designed,
used, or intended for use in | ||||||
9 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
10 | for those firearms equipped with those devices, and actually | ||||||
11 | engaged in the
business of manufacturing those devices, | ||||||
12 | firearms, or ammunition, but only with
respect to
activities | ||||||
13 | that are within the lawful scope of that business, such as the
| ||||||
14 | manufacture, transportation, or testing of those devices, | ||||||
15 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
16 | general private possession of any device or
attachment of any | ||||||
17 | kind designed, used, or intended for use in silencing the
| ||||||
18 | report of any firearm, but only such possession and activities | ||||||
19 | as are within
the
lawful scope of a licensed manufacturing | ||||||
20 | business described in this subsection
(g-5). During | ||||||
21 | transportation, these devices shall be detached from any weapon
| ||||||
22 | or
not immediately accessible.
| ||||||
23 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
24 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
25 | supervisor who meets the qualifications and conditions | ||||||
26 | prescribed in Section 3-14-1.5 of the Unified Code of |
| |||||||
| |||||||
1 | Corrections. | ||||||
2 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
3 | officer while serving as a member of a tactical response team | ||||||
4 | or special operations team. A peace officer may not personally | ||||||
5 | own or apply for ownership of a device or attachment of any | ||||||
6 | kind designed, used, or intended for use in silencing the | ||||||
7 | report of any firearm. These devices shall be owned and | ||||||
8 | maintained by lawfully recognized units of government whose | ||||||
9 | duties include the investigation of criminal acts. | ||||||
10 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
11 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
12 | athlete's possession, transport on official Olympic and | ||||||
13 | Paralympic transit systems established for athletes, or use of | ||||||
14 | competition firearms sanctioned by the International Olympic | ||||||
15 | Committee, the International Paralympic Committee, the | ||||||
16 | International Shooting Sport Federation, or USA Shooting in | ||||||
17 | connection with such athlete's training for and participation | ||||||
18 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
19 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
20 | and Paralympic Games. | ||||||
21 | (h) An information or indictment based upon a violation of | ||||||
22 | any
subsection of this Article need not negative any exemptions | ||||||
23 | contained in
this Article. The defendant shall have the burden | ||||||
24 | of proving such an
exemption.
| ||||||
25 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
26 | affect
the transportation, carrying, or possession, of any |
| |||||||
| |||||||
1 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
2 | to a common carrier operating
under license of the State of | ||||||
3 | Illinois or the federal government, where
such transportation, | ||||||
4 | carrying, or possession is incident to the lawful
| ||||||
5 | transportation in which such common carrier is engaged; and | ||||||
6 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
7 | transportation, carrying,
or possession of any pistol, | ||||||
8 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
9 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
10 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
11 | carrying box, shipping box, or other container, by the | ||||||
12 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
13 | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | ||||||
14 | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | ||||||
15 | 98-463, eff. 8-16-13.)
| ||||||
16 | Section 60. The Probation and Probation Officers Act is | ||||||
17 | amended by adding Section 17 as follows:
| ||||||
18 | (730 ILCS 110/17 new) | ||||||
19 | Sec. 17. Authorization to carry weapons. Probation
| ||||||
20 | officers may only carry weapons while in the performance of
| ||||||
21 | their official duties, or while commuting between their homes,
| ||||||
22 | places of employment, or specific locations that are part of
| ||||||
23 | their assigned duties, provided they have received the prior
| ||||||
24 | consent of the Chief Judge of the Circuit Court for which they
|
| |||||||
| |||||||
1 | are employed, and they have received weapons training according
|