Bill Amendment: IL HB2412 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE POLICE-ORGANIZATION
Status: 2023-06-09 - Public Act . . . . . . . . . 103-0034 [HB2412 Detail]
Download: Illinois-2023-HB2412-Senate_Amendment_001.html
Bill Title: STATE POLICE-ORGANIZATION
Status: 2023-06-09 - Public Act . . . . . . . . . 103-0034 [HB2412 Detail]
Download: Illinois-2023-HB2412-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2412
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2 | AMENDMENT NO. ______. Amend House Bill 2412 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Gun Trafficking Information Act is amended | ||||||
5 | by changing Section 10-5 as follows:
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6 | (5 ILCS 830/10-5)
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7 | Sec. 10-5. Gun trafficking information.
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8 | (a) The Illinois State Police shall use all reasonable | ||||||
9 | efforts , as allowed by State law and regulations, federal law | ||||||
10 | and regulations, and executed Memoranda of Understanding | ||||||
11 | between Illinois law enforcement agencies and the U.S. Bureau | ||||||
12 | of Alcohol, Tobacco, Firearms and Explosives, in making | ||||||
13 | publicly available, on a regular and ongoing
basis, key | ||||||
14 | information related to firearms used in the
commission of | ||||||
15 | crimes in this State, including, but not limited
to: reports | ||||||
16 | on crimes committed with firearms, locations where
the crimes |
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1 | occurred, the number of persons killed or injured in
the | ||||||
2 | commission of the crimes, the state where the firearms used
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3 | originated, the Federal Firearms Licensee that sold the | ||||||
4 | firearm, the type of firearms used , if known , annual | ||||||
5 | statistical information concerning Firearm Owner's | ||||||
6 | Identification Card and concealed carry license applications, | ||||||
7 | revocations, and compliance with Section 9.5 of the Firearm | ||||||
8 | Owners Identification Card Act, the information required in | ||||||
9 | the report or on the Illinois State Police's website under | ||||||
10 | Section 85 of the Firearms Restraining Order Act firearm | ||||||
11 | restraining order dispositions , and firearm dealer license | ||||||
12 | certification inspections. The Illinois State Police
shall | ||||||
13 | make the information available on its
website, which may be | ||||||
14 | presented in a dashboard format, in addition to electronically | ||||||
15 | filing a report with the
Governor and the General Assembly. | ||||||
16 | The report to the General
Assembly shall be filed with the | ||||||
17 | Clerk of the House of
Representatives and the Secretary of the | ||||||
18 | Senate in electronic
form only, in the manner that the Clerk | ||||||
19 | and the Secretary shall
direct.
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20 | (b) The Illinois State Police shall study, on a regular | ||||||
21 | and ongoing basis, and compile reports on the number of | ||||||
22 | Firearm Owner's Identification Card checks to determine | ||||||
23 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
24 | State Police shall, to the extent not inconsistent with law, | ||||||
25 | share such reports and underlying data with academic centers, | ||||||
26 | foundations, and law enforcement agencies studying firearms |
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1 | trafficking, provided that personally identifying information | ||||||
2 | is protected. For purposes of this subsection (b), a Firearm | ||||||
3 | Owner's Identification Card number is not personally | ||||||
4 | identifying information, provided that no other personal | ||||||
5 | information of the card holder is attached to the record. The | ||||||
6 | Illinois State Police may create and attach an alternate | ||||||
7 | unique identifying number to each Firearm Owner's | ||||||
8 | Identification Card number, instead of releasing the Firearm | ||||||
9 | Owner's Identification Card number itself. | ||||||
10 | (c) Each department, office, division, and agency of this
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11 | State shall, to the extent not inconsistent with law, | ||||||
12 | cooperate
fully with the Illinois State Police and furnish the
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13 | Illinois State Police with all relevant information and | ||||||
14 | assistance on a
timely basis as is necessary to accomplish the | ||||||
15 | purpose of this
Act. The Illinois Criminal Justice Information | ||||||
16 | Authority shall submit the information required in subsection | ||||||
17 | (a) of this Section to the Illinois State Police, and any other | ||||||
18 | information as the Illinois State Police may request, to | ||||||
19 | assist the Illinois State Police in carrying out its duties | ||||||
20 | under this Act.
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21 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
22 | 102-813, eff. 5-13-22.)
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23 | Section 10. The Illinois State Police Law of the
Civil | ||||||
24 | Administrative Code of Illinois is amended by changing | ||||||
25 | Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, |
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1 | 2605-51, 2605-52, 2605-200, and 2605-615 as follows:
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2 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
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3 | Sec. 2605-10. Powers and duties, generally. | ||||||
4 | (a) The Illinois State Police shall exercise the rights, | ||||||
5 | powers, and duties that have been vested in the Illinois State | ||||||
6 | Police by the following: | ||||||
7 | The Illinois State Police Act. | ||||||
8 | The Illinois State Police Radio Act. | ||||||
9 | The Criminal Identification Act. | ||||||
10 | The Illinois Vehicle Code. | ||||||
11 | The Firearm Owners Identification Card Act. | ||||||
12 | The Firearm Concealed Carry Act. | ||||||
13 | The Firearm Dealer License Certification Act Gun Dealer | ||||||
14 | Licensing Act . | ||||||
15 | The Intergovernmental Missing Child Recovery Act of 1984. | ||||||
16 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
17 | The Narcotic Control Division Abolition Act. | ||||||
18 | The Illinois Uniform Conviction Information Act. | ||||||
19 | The Murderer and Violent Offender Against Youth | ||||||
20 | Registration Act. | ||||||
21 | (b) The Illinois State Police shall have the
powers and | ||||||
22 | duties set forth in the following Sections.
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23 | (c) The Illinois State Police shall exercise the rights, | ||||||
24 | powers, and duties vested in the Illinois State Police to | ||||||
25 | implement the following protective service functions: |
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1 | (1) Utilize subject matter expertise and law | ||||||
2 | enforcement authority to strengthen the protection of | ||||||
3 | State government facilities, State employees, State | ||||||
4 | officials, and State critical infrastructure. | ||||||
5 | (2) Coordinate State, federal, and local law | ||||||
6 | enforcement activities involving the protection of State | ||||||
7 | facilities, officials and employees. | ||||||
8 | (3) Conduct investigations of criminal threats to | ||||||
9 | State facilities, State critical infrastructure, State | ||||||
10 | officials and State employees. | ||||||
11 | (4) Train State officials and employees in personal | ||||||
12 | protection, crime prevention, facility occupant emergency | ||||||
13 | planning, and incident management. | ||||||
14 | (5) Establish standard protocols for prevention and | ||||||
15 | response to criminal threats to State facilities, State | ||||||
16 | officials, State employees, State critical infrastructure, | ||||||
17 | and standard protocols for reporting of suspicious | ||||||
18 | activities. | ||||||
19 | (6) Establish minimum operational standards, | ||||||
20 | qualifications, training, and compliance requirements for | ||||||
21 | State employees and contractors engaged in the protection | ||||||
22 | of State facilities and employees. | ||||||
23 | (7) At the request of departments or agencies of State | ||||||
24 | government, conduct security assessments, including, but | ||||||
25 | not limited to, examination of alarm systems, cameras | ||||||
26 | systems, access points, personnel readiness, and emergency |
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1 | protocols based on risk and need. | ||||||
2 | (8) Oversee the planning and implementation of | ||||||
3 | security and law enforcement activities necessary for the | ||||||
4 | protection of major, multi-jurisdictional events | ||||||
5 | implicating potential criminal threats to State officials, | ||||||
6 | State employees, State critical infrastructure, or State | ||||||
7 | facilities. | ||||||
8 | (9) Oversee and direct the planning and implementation | ||||||
9 | of security and law enforcement activities by the | ||||||
10 | departments and agencies of the State necessary for the | ||||||
11 | protection of State employees, State officials, State | ||||||
12 | facilities, and State critical infrastructure from | ||||||
13 | criminal activity. | ||||||
14 | (10) Advise the Governor and Homeland Security Advisor | ||||||
15 | on any matters necessary for the effective protection of | ||||||
16 | State facilities, critical infrastructure, officials, and | ||||||
17 | employees from criminal threats. | ||||||
18 | (11) Utilize intergovernmental agreements and | ||||||
19 | administrative rules as needed for the effective, | ||||||
20 | efficient implementation of law enforcement and support | ||||||
21 | activities necessary for the protection of State | ||||||
22 | facilities, State infrastructure, State officials, and | ||||||
23 | State employees. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.)
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25 | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
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1 | Sec. 2605-25. Illinois State Police divisions. | ||||||
2 | (a) The Illinois State Police is divided into the Division | ||||||
3 | of Statewide 9-1-1, the Division of Patrol Operations , the | ||||||
4 | Division of Criminal Investigation, the Division of Forensic | ||||||
5 | Services, the Division of Justice Services, the Division of | ||||||
6 | the Academy and Training, and the Division of Internal | ||||||
7 | Investigation. | ||||||
8 | (b) The Office of the Director shall: | ||||||
9 | (1) Exercise the rights, powers, and duties vested in | ||||||
10 | the Illinois State Police by the Governor's Office of | ||||||
11 | Management and Budget Act. | ||||||
12 | (2) Exercise the rights, powers, and duties vested in | ||||||
13 | the Illinois State Police by the Personnel Code. | ||||||
14 | (3) Exercise the rights, powers, and duties vested in
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15 | the Illinois State Police
by "An Act relating to internal | ||||||
16 | auditing in State government", approved
August 11, 1967 | ||||||
17 | (repealed; now the Fiscal Control and Internal Auditing | ||||||
18 | Act).
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19 | (4) Oversee the Executive Protection Unit. | ||||||
20 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
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21 | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
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22 | Sec. 2605-30. Division of Patrol Operations (formerly | ||||||
23 | State Troopers). The
Division of Patrol Operations shall | ||||||
24 | exercise the following
functions and those in Section 2605-35:
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25 | (1) Cooperate with federal and State authorities |
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1 | requesting
utilization
of the Illinois State Police's | ||||||
2 | radio network system under the Illinois Aeronautics
Act.
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3 | (2) Exercise the rights, powers, and duties of the | ||||||
4 | Illinois State
Police under the Illinois State Police Act.
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5 | (2.5) Provide uniformed patrol of Illinois highways | ||||||
6 | and proactively enforce criminal and traffic laws.
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7 | (3) (Blank).
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8 | (4) Exercise the rights, powers, and duties of the | ||||||
9 | Illinois State Police vested by
law in the Illinois State | ||||||
10 | Police by the Illinois Vehicle
Code.
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11 | (5) Exercise other duties that have been or may be | ||||||
12 | vested by law in the
Illinois State Police.
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13 | (6) Exercise other duties that may be assigned by the | ||||||
14 | Director in order to
fulfill the responsibilities and to | ||||||
15 | achieve the purposes of the Illinois State Police.
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16 | (7) Provide comprehensive law enforcement services to | ||||||
17 | the public and to county, municipal, and federal law | ||||||
18 | enforcement agencies. | ||||||
19 | (8) Patrol Illinois highways with the intent to | ||||||
20 | interdict crime and ensure traffic safety while assisting | ||||||
21 | citizens during times of need. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.)
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23 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
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24 | Sec. 2605-35. Division of Criminal
Investigation. | ||||||
25 | (a) The Division of Criminal
Investigation shall exercise
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1 | the following functions and those in Section 2605-30:
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2 | (1) Exercise the rights, powers, and duties vested by
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3 | law in the Illinois State Police by the Illinois Horse | ||||||
4 | Racing Act of 1975, including those set forth in Section | ||||||
5 | 2605-215.
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6 | (2) Investigate the origins, activities, personnel, | ||||||
7 | and
incidents of crime and enforce the criminal laws of | ||||||
8 | this State related thereto.
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9 | (3) Enforce all laws regulating the production, sale,
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10 | prescribing, manufacturing, administering, transporting, | ||||||
11 | having in possession,
dispensing, delivering, | ||||||
12 | distributing, or use of controlled substances
and | ||||||
13 | cannabis.
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14 | (4) Cooperate with the police of cities, villages, and
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15 | incorporated towns and with the police officers of any | ||||||
16 | county in
enforcing the laws of the State and in making | ||||||
17 | arrests and recovering
property.
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18 | (5) Apprehend and deliver up any person charged in | ||||||
19 | this State or any other
state with treason or a felony or | ||||||
20 | other crime who has fled from justice and is
found in this | ||||||
21 | State.
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22 | (6) Investigate recipients and providers under the | ||||||
23 | Illinois Public Aid
Code and any personnel involved in the | ||||||
24 | administration of the Code who are
suspected of any | ||||||
25 | violation of the Code pertaining to fraud in the
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26 | administration, receipt, or provision of assistance and |
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1 | pertaining to any
violation of criminal law; and exercise | ||||||
2 | the functions required under Section
2605-220 in the | ||||||
3 | conduct of those investigations.
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4 | (7) Conduct other investigations as provided by law, | ||||||
5 | including, but not limited to, investigations of human | ||||||
6 | trafficking, illegal drug trafficking, and illegal | ||||||
7 | firearms trafficking , and cyber crimes that can be | ||||||
8 | investigated and prosecuted in Illinois .
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9 | (8) Investigate public corruption.
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10 | (9) Exercise other duties that may be assigned by the | ||||||
11 | Director in order to
fulfill the responsibilities and | ||||||
12 | achieve the purposes of the Illinois State Police, which | ||||||
13 | may include the coordination of gang, terrorist, and | ||||||
14 | organized crime prevention, control activities, and | ||||||
15 | assisting local law enforcement in their crime control | ||||||
16 | activities.
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17 | (10) Conduct investigations (and cooperate with | ||||||
18 | federal law enforcement agencies in the investigation) of | ||||||
19 | any property-related crimes, such as money laundering, | ||||||
20 | involving individuals or entities listed on the sanctions | ||||||
21 | list maintained by the U.S. Department of Treasury's | ||||||
22 | Office of Foreign Asset Control. | ||||||
23 | (11) Oversee special weapons and tactics (SWAT) teams, | ||||||
24 | including law enforcement response to weapons of mass | ||||||
25 | destruction. | ||||||
26 | (12) Oversee Illinois State Police air operations. |
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1 | (13) Investigate criminal domestic terrorism | ||||||
2 | incidents, and otherwise deter all criminal threats to | ||||||
3 | Illinois. | ||||||
4 | (a-5) The Division of Criminal Investigation shall gather | ||||||
5 | information, intelligence, and evidence to facilitate the | ||||||
6 | identification, apprehension, and prosecution of persons | ||||||
7 | responsible for committing crime; to provide specialized | ||||||
8 | intelligence and analysis, investigative, tactical, and | ||||||
9 | technological services in support of law enforcement | ||||||
10 | operations throughout the State of Illinois; and to oversee | ||||||
11 | and operate the statewide criminal intelligence fusion center. | ||||||
12 | (b) (Blank).
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13 | (c) The Division of Criminal
Investigation shall provide | ||||||
14 | statewide coordination and strategy pertaining to | ||||||
15 | firearm-related intelligence, firearms trafficking | ||||||
16 | interdiction, and investigations reaching across all divisions | ||||||
17 | of the Illinois State Police, including providing crime gun | ||||||
18 | intelligence support for suspects and firearms involved in | ||||||
19 | firearms trafficking or the commission of a crime involving | ||||||
20 | firearms that is investigated by the Illinois State Police and | ||||||
21 | other federal, State, and local law enforcement agencies, with | ||||||
22 | the objective of reducing and preventing illegal possession | ||||||
23 | and use of firearms, firearms trafficking, firearm-related | ||||||
24 | homicides, and other firearm-related violent crimes in | ||||||
25 | Illinois. | ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
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1 | 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
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2 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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3 | Sec. 2605-40. Division of Forensic Services. The Division | ||||||
4 | of
Forensic Services shall exercise the following functions:
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5 | (1) Provide crime scene services and traffic crash | ||||||
6 | reconstruction.
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7 | (2) Exercise the rights, powers, and duties vested by
| ||||||
8 | law in the Illinois State Police by Section 2605-300 of | ||||||
9 | this Law.
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10 | (3) Provide assistance to local law enforcement | ||||||
11 | agencies
through training, management, and consultant | ||||||
12 | services.
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13 | (4) (Blank).
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14 | (5) Exercise other duties that may be assigned by the | ||||||
15 | Director in
order to fulfill the responsibilities and | ||||||
16 | achieve the purposes of the Illinois State Police.
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17 | (6) Establish and operate a forensic science | ||||||
18 | laboratory system,
including a forensic toxicological | ||||||
19 | laboratory service, for the purpose of
testing specimens | ||||||
20 | submitted by coroners and other law enforcement officers
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21 | in their efforts to determine whether alcohol, drugs, or | ||||||
22 | poisonous or other
toxic substances have been involved in | ||||||
23 | deaths, accidents, or illness.
Forensic toxicological | ||||||
24 | laboratories shall be established in Springfield,
Chicago, | ||||||
25 | and elsewhere in the State as needed.
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1 | (6.5) Establish administrative rules in order to set | ||||||
2 | forth standardized requirements for the disclosure of | ||||||
3 | toxicology results and other relevant documents related to | ||||||
4 | a toxicological analysis. These administrative rules are | ||||||
5 | to be adopted to produce uniform and sufficient | ||||||
6 | information to allow a proper, well-informed determination | ||||||
7 | of the admissibility of toxicology evidence and to ensure | ||||||
8 | that this evidence is presented competently. These | ||||||
9 | administrative rules are designed to provide a minimum | ||||||
10 | standard for compliance of toxicology evidence and are not | ||||||
11 | intended to limit the production and discovery of material | ||||||
12 | information. | ||||||
13 | (7) Subject to specific appropriations made for these | ||||||
14 | purposes, establish
and coordinate a system for providing | ||||||
15 | accurate and expedited
forensic science and other | ||||||
16 | investigative and laboratory services to local law
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17 | enforcement agencies and local State's Attorneys in aid of | ||||||
18 | the investigation
and trial of capital cases. | ||||||
19 | (8) Exercise the rights, powers, and duties vested by | ||||||
20 | law in the Illinois State Police under the Sexual Assault | ||||||
21 | Evidence Submission Act. | ||||||
22 | (9) Serve as the State central repository for all | ||||||
23 | genetic marker grouping analysis information and exercise | ||||||
24 | the rights, powers, and duties vested by law in the | ||||||
25 | Illinois State Police under Section 5-4-3 of the Unified | ||||||
26 | Code of Corrections. |
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1 | (10) Issue reports required under Section 5-4-3a of | ||||||
2 | the Unified Code of Corrections. | ||||||
3 | (11) Oversee the Electronic Laboratory Information | ||||||
4 | Management System under Section 5-4-3b of the Unified Code | ||||||
5 | of Corrections.
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6 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22.)
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8 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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9 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
10 | of
Justice Services shall provide administrative and technical | ||||||
11 | services and support to the Illinois State Police, criminal | ||||||
12 | justice agencies, and the public and shall exercise the
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13 | following functions:
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14 | (1) Operate and maintain the Law Enforcement Agencies | ||||||
15 | Data System (LEADS), a statewide, computerized | ||||||
16 | telecommunications system designed to provide services, | ||||||
17 | information, and capabilities to the law enforcement and | ||||||
18 | criminal justice community in the State of Illinois. The | ||||||
19 | Director is responsible for establishing policy, | ||||||
20 | procedures, and regulations consistent with State and | ||||||
21 | federal rules, policies, and law by which LEADS operates. | ||||||
22 | The Director shall designate a statewide LEADS | ||||||
23 | Administrator for management of the system. The Director | ||||||
24 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
25 | needs and desires of the law enforcement and criminal |
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1 | justice community and to make recommendations concerning | ||||||
2 | policies and procedures.
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3 | (2) Pursue research and the publication of studies | ||||||
4 | pertaining
to local
law enforcement activities.
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5 | (3) Serve as the State's point of contact for the | ||||||
6 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
7 | Program and National Incident-Based Reporting System.
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8 | (4) Operate an electronic data processing and computer | ||||||
9 | center
for the
storage and retrieval of data pertaining to | ||||||
10 | criminal activity.
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11 | (5) Exercise the rights, powers, and duties vested in
| ||||||
12 | the Illinois State Police by the Cannabis Regulation and | ||||||
13 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
14 | Program Act.
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15 | (6) (Blank).
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16 | (6.5) Exercise the rights, powers, and duties vested | ||||||
17 | in the Illinois State Police
by the Firearm Owners | ||||||
18 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
19 | the Firearm Transfer Inquiry Program, the prohibited | ||||||
20 | persons portal under Section 2605-304, and the Firearm | ||||||
21 | Dealer License Certification Act.
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22 | (7) Exercise other duties that may be assigned
by the | ||||||
23 | Director to
fulfill the responsibilities and achieve the | ||||||
24 | purposes of the Illinois State Police.
| ||||||
25 | (8) Exercise the rights, powers, and duties vested by | ||||||
26 | law in the Illinois State Police by the Criminal |
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1 | Identification Act and the Illinois Uniform Conviction | ||||||
2 | Information Act . | ||||||
3 | (9) Exercise the powers and perform the duties that | ||||||
4 | have been vested
in the Illinois State Police by the | ||||||
5 | Murderer and Violent Offender Against Youth Registration | ||||||
6 | Act, the Sex Offender Registration Act , and
the Sex | ||||||
7 | Offender
Community Notification Law and
adopt reasonable | ||||||
8 | rules necessitated thereby. | ||||||
9 | (10) Serve as the State central repository for | ||||||
10 | criminal history record information. | ||||||
11 | (11) Share all necessary information with the | ||||||
12 | Concealed Carry Licensing Review Board and the Firearms | ||||||
13 | Owner's Identification Card Review Board necessary for the | ||||||
14 | execution of their duties. | ||||||
15 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
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16 | (20 ILCS 2605/2605-51)
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17 | Sec. 2605-51. Division of the Academy and Training. | ||||||
18 | (a) The Division of the Academy and Training shall | ||||||
19 | exercise, but not be limited to, the following functions: | ||||||
20 | (1) Oversee and operate the Illinois State Police | ||||||
21 | Training Academy. | ||||||
22 | (2) Train and prepare new officers for a career in law | ||||||
23 | enforcement, with innovative, quality training and | ||||||
24 | educational practices. | ||||||
25 | (3) Offer continuing training and educational programs |
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1 | for Illinois State Police employees. | ||||||
2 | (4) Oversee the Illinois State Police's recruitment | ||||||
3 | initiatives. | ||||||
4 | (5) Oversee and operate the Illinois State Police's | ||||||
5 | quartermaster. | ||||||
6 | (6) Duties assigned to the Illinois State Police in | ||||||
7 | Article 5, Chapter 11 of the Illinois Vehicle Code | ||||||
8 | concerning testing and training officers on the detection | ||||||
9 | of impaired driving. | ||||||
10 | (7) Duties assigned to the Illinois State Police in | ||||||
11 | Article 108B of the Code of Criminal Procedure. | ||||||
12 | (a-5) Successful completion of the Illinois State Police | ||||||
13 | Academy meets all law enforcement certification requirements | ||||||
14 | for the State of Illinois. Satisfactory completion shall be | ||||||
15 | evidenced by a commission or certificate issued to the | ||||||
16 | officer. | ||||||
17 | (b) The Division of the Academy and Training shall | ||||||
18 | exercise the rights, powers, and duties vested in the former | ||||||
19 | Division of State Troopers by Section 17 of the Illinois State | ||||||
20 | Police Act. | ||||||
21 | (c) Specialized training. | ||||||
22 | (1) Training; cultural diversity. The Division of the | ||||||
23 | Academy and Training shall provide training and continuing | ||||||
24 | education to State police officers concerning cultural | ||||||
25 | diversity, including sensitivity toward racial and ethnic | ||||||
26 | differences. This training and continuing education shall |
| |||||||
| |||||||
1 | include, but not be limited to, an emphasis on the fact | ||||||
2 | that the primary purpose of enforcement of the Illinois | ||||||
3 | Vehicle Code is safety and equal and uniform enforcement | ||||||
4 | under the law. | ||||||
5 | (2) Training; death and homicide investigations. The | ||||||
6 | Division of the Academy and Training shall provide | ||||||
7 | training in death and homicide investigation for State | ||||||
8 | police officers. Only State police officers who | ||||||
9 | successfully complete the training may be assigned as lead | ||||||
10 | investigators in death and homicide investigations. | ||||||
11 | Satisfactory completion of the training shall be evidenced | ||||||
12 | by a certificate issued to the officer by the Division of | ||||||
13 | the Academy and Training. The Director shall develop a | ||||||
14 | process for waiver applications for officers whose prior | ||||||
15 | training and experience as homicide investigators may | ||||||
16 | qualify them for a waiver. The Director may issue a | ||||||
17 | waiver, at his or her discretion, based solely on the | ||||||
18 | prior training and experience of an officer as a homicide | ||||||
19 | investigator. | ||||||
20 | (A) The Division shall require all homicide | ||||||
21 | investigator training to include instruction on | ||||||
22 | victim-centered, trauma-informed investigation. This | ||||||
23 | training must be implemented by July 1, 2023. | ||||||
24 | (B) The Division shall cooperate with the Division | ||||||
25 | of Criminal Investigation to develop a model | ||||||
26 | curriculum on victim-centered, trauma-informed |
| |||||||
| |||||||
1 | investigation. This curriculum must be implemented by | ||||||
2 | July 1, 2023. | ||||||
3 | (3) Training; police dog training standards. All | ||||||
4 | police dogs used by the Illinois State Police for drug | ||||||
5 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
6 | the Illinois Controlled Substances Act, and the | ||||||
7 | Methamphetamine Control and Community Protection Act shall | ||||||
8 | be trained by programs that meet the certification | ||||||
9 | requirements set by the Director or the Director's | ||||||
10 | designee. Satisfactory completion of the training shall be | ||||||
11 | evidenced by a certificate issued by the Division of the | ||||||
12 | Academy and Training. | ||||||
13 | (4) Training; post-traumatic stress disorder. The | ||||||
14 | Division of the Academy and Training shall conduct or | ||||||
15 | approve a training program in post-traumatic stress | ||||||
16 | disorder for State police officers. The purpose of that | ||||||
17 | training shall be to equip State police officers to | ||||||
18 | identify the symptoms of post-traumatic stress disorder | ||||||
19 | and to respond appropriately to individuals exhibiting | ||||||
20 | those symptoms. | ||||||
21 | (5) Training; opioid antagonists. The Division of the | ||||||
22 | Academy and Training shall conduct or approve a training | ||||||
23 | program for State police officers in the administration of | ||||||
24 | opioid antagonists as defined in paragraph (1) of | ||||||
25 | subsection (e) of Section 5-23 of the Substance Use | ||||||
26 | Disorder Act that is in accordance with that Section. As |
| |||||||
| |||||||
1 | used in this Section, "State police officers" includes | ||||||
2 | full-time or part-time State police officers, | ||||||
3 | investigators, and any other employee of the Illinois | ||||||
4 | State Police exercising the powers of a peace officer. | ||||||
5 | (6) Training; sexual assault and sexual abuse. | ||||||
6 | (A) Every 3 years, the Division of the Academy and | ||||||
7 | Training shall present in-service training on sexual | ||||||
8 | assault and sexual abuse response and report writing | ||||||
9 | training requirements, including, but not limited to, | ||||||
10 | the following: | ||||||
11 | (i) recognizing the symptoms of trauma; | ||||||
12 | (ii) understanding the role trauma has played | ||||||
13 | in a victim's life; | ||||||
14 | (iii) responding to the needs and concerns of | ||||||
15 | a victim; | ||||||
16 | (iv) delivering services in a compassionate, | ||||||
17 | sensitive, and nonjudgmental manner; | ||||||
18 | (v) interviewing techniques in accordance with | ||||||
19 | the curriculum standards in this paragraph (6); | ||||||
20 | (vi) understanding cultural perceptions and | ||||||
21 | common myths of sexual assault and sexual abuse; | ||||||
22 | and | ||||||
23 | (vii) report writing techniques in accordance | ||||||
24 | with the curriculum standards in this paragraph | ||||||
25 | (6). | ||||||
26 | (B) This training must also be presented in all |
| |||||||
| |||||||
1 | full and part-time basic law enforcement academies. | ||||||
2 | (C) Instructors providing this training shall have | ||||||
3 | successfully completed training on evidence-based, | ||||||
4 | trauma-informed, victim-centered responses to cases of | ||||||
5 | sexual assault and sexual abuse and have experience | ||||||
6 | responding to sexual assault and sexual abuse cases. | ||||||
7 | (D) The Illinois State Police shall adopt rules, | ||||||
8 | in consultation with the Office of the Attorney | ||||||
9 | General and the Illinois Law Enforcement Training | ||||||
10 | Standards Board, to determine the specific training | ||||||
11 | requirements for these courses, including, but not | ||||||
12 | limited to, the following: | ||||||
13 | (i) evidence-based curriculum standards for | ||||||
14 | report writing and immediate response to sexual | ||||||
15 | assault and sexual abuse, including | ||||||
16 | trauma-informed, victim-centered interview | ||||||
17 | techniques, which have been demonstrated to | ||||||
18 | minimize retraumatization, for all State police | ||||||
19 | officers; and | ||||||
20 | (ii) evidence-based curriculum standards for | ||||||
21 | trauma-informed, victim-centered investigation | ||||||
22 | and interviewing techniques, which have been | ||||||
23 | demonstrated to minimize retraumatization, for | ||||||
24 | cases of sexual assault and sexual abuse for all | ||||||
25 | State police officers who conduct sexual assault | ||||||
26 | and sexual abuse investigations. |
| |||||||
| |||||||
1 | (7) Training; human trafficking. The Division of the | ||||||
2 | Academy and Training shall conduct or approve a training | ||||||
3 | program in the detection and investigation of all forms of | ||||||
4 | human trafficking, including, but not limited to, | ||||||
5 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
6 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
7 | of a minor under subsection (c) of Section 10-9 of the | ||||||
8 | Criminal Code of 2012, and trafficking in persons under | ||||||
9 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
10 | 2012. This program shall be made available to all cadets | ||||||
11 | and State police officers. | ||||||
12 | (8) Training; hate crimes. The Division of the Academy | ||||||
13 | and Training shall provide training for State police | ||||||
14 | officers in identifying, responding to, and reporting all | ||||||
15 | hate crimes.
| ||||||
16 | (d) The Division of the Academy and Training shall | ||||||
17 | administer and conduct a program consistent with 18 U.S.C. | ||||||
18 | 926B and 926C for qualified active and retired Illinois State | ||||||
19 | Police officers. | ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; | ||||||
21 | 102-813, eff. 5-13-22.)
| ||||||
22 | (20 ILCS 2605/2605-52) | ||||||
23 | Sec. 2605-52. Division of Statewide 9-1-1. | ||||||
24 | (a) There shall be established an Office of the Statewide | ||||||
25 | 9-1-1 Administrator within the Division of Statewide 9-1-1. |
| |||||||
| |||||||
1 | Beginning January 1, 2016, the Office of the Statewide 9-1-1 | ||||||
2 | Administrator shall be responsible for developing, | ||||||
3 | implementing, and overseeing a uniform statewide 9-1-1 system | ||||||
4 | for all areas of the State outside of municipalities having a | ||||||
5 | population over 500,000. | ||||||
6 | (b) The Governor shall appoint, with the advice and | ||||||
7 | consent of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
8 | Administrator shall serve for a term of 2 years, and until a | ||||||
9 | successor is appointed and qualified; except that the term of | ||||||
10 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
11 | expire on the third Monday in January, 2017. The Administrator | ||||||
12 | shall not hold any other remunerative public office. The | ||||||
13 | Administrator shall receive an annual salary as set by the | ||||||
14 | Governor.
| ||||||
15 | (c) The Illinois State Police, from appropriations made to | ||||||
16 | it for that purpose, shall make grants to 9-1-1 Authorities | ||||||
17 | for the purpose of defraying costs associated with 9-1-1 | ||||||
18 | system consolidations awarded by the Administrator under | ||||||
19 | Section 15.4b of the Emergency Telephone System Act. | ||||||
20 | (d) The Division of Statewide 9-1-1 shall exercise the | ||||||
21 | rights, powers, and duties vested by law in the Illinois State | ||||||
22 | Police by the State Police Radio Act and shall oversee the | ||||||
23 | Illinois State Police radio network, including the Illinois | ||||||
24 | State Police Emergency Radio Network and Illinois State | ||||||
25 | Police's STARCOM21 . | ||||||
26 | (e) The Division of Statewide 9-1-1 shall also conduct the |
| |||||||
| |||||||
1 | following communication activities: | ||||||
2 | (1) Acquire and operate one or more radio broadcasting | ||||||
3 | stations in the State to be used for police purposes. | ||||||
4 | (2) Operate a statewide communications network to | ||||||
5 | gather and disseminate information for law enforcement | ||||||
6 | agencies. | ||||||
7 | (3) Undertake other communication activities that may | ||||||
8 | be required by law. | ||||||
9 | (4) Oversee Illinois State Police telecommunications. | ||||||
10 | (f) The Division of Statewide 9-1-1 shall oversee the | ||||||
11 | Illinois State Police fleet operations. | ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
| ||||||
14 | Sec. 2605-200. Investigations of crime; enforcement of | ||||||
15 | laws; records; crime laboratories; personnel.
| ||||||
16 | (a) To do the following:
| ||||||
17 | (1) Investigate the origins, activities, personnel, | ||||||
18 | and
incidents of crime and the ways and means to redress | ||||||
19 | the victims of
crimes; study the impact, if any, of | ||||||
20 | legislation relative to the
effusion of crime and growing | ||||||
21 | crime rates; and enforce the criminal
laws
of this State | ||||||
22 | related thereto.
| ||||||
23 | (2) Enforce all laws regulating the
production, sale, | ||||||
24 | prescribing, manufacturing, administering,
transporting, | ||||||
25 | having in possession, dispensing, delivering,
|
| |||||||
| |||||||
1 | distributing, or use of controlled substances and | ||||||
2 | cannabis.
| ||||||
3 | (3) Employ
skilled experts, scientists, technicians, | ||||||
4 | investigators, or otherwise
specially qualified persons to | ||||||
5 | aid in preventing or detecting crime,
apprehending | ||||||
6 | criminals, or preparing and presenting evidence of
| ||||||
7 | violations of the criminal laws of the State.
| ||||||
8 | (4) Cooperate with the
police of cities, villages, and | ||||||
9 | incorporated towns and with the police
officers of any | ||||||
10 | county in enforcing the laws of the State and in making
| ||||||
11 | arrests and recovering property.
| ||||||
12 | (5) Apprehend and deliver up any person
charged in | ||||||
13 | this State or any other state of the United States with
| ||||||
14 | treason or a felony or other crime who has fled from
| ||||||
15 | justice and is found
in this State.
| ||||||
16 | (6) Conduct other investigations as
provided by law.
| ||||||
17 | (7) Be a central repository and custodian of criminal | ||||||
18 | statistics for the State. | ||||||
19 | (8) Be a central repository for criminal history | ||||||
20 | record information. | ||||||
21 | (9) Procure and file for record information that is | ||||||
22 | necessary and helpful to plan programs of crime | ||||||
23 | prevention, law enforcement, and criminal justice. | ||||||
24 | (10) Procure and file for record copies of | ||||||
25 | fingerprints that may be required by law. | ||||||
26 | (11) Establish general and field crime laboratories. |
| |||||||
| |||||||
1 | (12) Register and file for record information that may | ||||||
2 | be required by law for the issuance of firearm owner's | ||||||
3 | identification cards under the Firearm Owners | ||||||
4 | Identification Card Act and concealed carry licenses under | ||||||
5 | the Firearm Concealed Carry Act. | ||||||
6 | (13) Employ laboratory technicians and other specially | ||||||
7 | qualified persons to aid in the identification of criminal | ||||||
8 | activity and the identification, collection, and recovery | ||||||
9 | of cyber forensics, including , but not limited to , digital | ||||||
10 | evidence, and may employ polygraph operators and forensic | ||||||
11 | anthropologists . | ||||||
12 | (14) Undertake other identification, information, | ||||||
13 | laboratory, statistical, or registration activities that | ||||||
14 | may be required by law. | ||||||
15 | (b) Persons exercising the powers set forth in
subsection | ||||||
16 | (a) within the Illinois State Police
are conservators of the | ||||||
17 | peace and as such have all the powers possessed
by policemen in | ||||||
18 | cities and sheriffs, except that they may exercise those
| ||||||
19 | powers anywhere in the State in cooperation with and after | ||||||
20 | contact with
the local law enforcement officials. Those | ||||||
21 | persons may use false
or
fictitious names in the performance | ||||||
22 | of their duties under this Section,
upon approval of the | ||||||
23 | Director, and shall not be subject to prosecution
under the | ||||||
24 | criminal laws for that use.
| ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-615) | ||||||
2 | Sec. 2605-615. Illinois Forensic Science Commission. | ||||||
3 | (a) Creation. There is created within the Illinois State | ||||||
4 | Police the Illinois Forensic Science Commission. | ||||||
5 | (b) Duties and purpose. The Commission shall: | ||||||
6 | (1) Provide guidance to ensure the efficient delivery | ||||||
7 | of forensic services and the sound practice of forensic | ||||||
8 | science. | ||||||
9 | (2) Provide a forum for discussions between forensic | ||||||
10 | science stakeholders to improve communication and | ||||||
11 | coordination and to monitor the important issues impacting | ||||||
12 | all stakeholders. | ||||||
13 | (3) Take a systems-based approach in reviewing all | ||||||
14 | aspects of the delivery of forensic services and the sound | ||||||
15 | practice of forensic science with the goal of reducing or | ||||||
16 | eliminating the factors and inefficiencies that contribute | ||||||
17 | to backlogs and errors, with a focus on education and | ||||||
18 | training, funding, hiring, procurement, and other aspects | ||||||
19 | identified by the Commission. | ||||||
20 | (4) Review significant non-conformities with the sound | ||||||
21 | practice of forensic science documented by each publicly | ||||||
22 | funded forensic laboratory and offer recommendations for | ||||||
23 | the correction thereof. | ||||||
24 | (5) Subject to appropriation, provide educational, | ||||||
25 | research, and professional training opportunities for | ||||||
26 | practicing forensic scientists, police officers, judges, |
| |||||||
| |||||||
1 | State's Attorneys and Assistant State's Attorneys, Public | ||||||
2 | Defenders, and defense attorneys comporting with the sound | ||||||
3 | practice of forensic science. | ||||||
4 | (6) Collect and analyze information related to the | ||||||
5 | impact of current laws, rules, policies, and practices on | ||||||
6 | forensic crime laboratories and the practice of forensic | ||||||
7 | science; evaluate the impact of those laws, rules, | ||||||
8 | policies, and practices on forensic crime laboratories and | ||||||
9 | the practice of forensic science; identify new policies | ||||||
10 | and approaches, together with changes in science, and | ||||||
11 | technology; and make recommendations for changes to those | ||||||
12 | laws, rules, policies, and practices that will yield | ||||||
13 | better results in the criminal justice system consistent | ||||||
14 | with the sound practice of forensic science. | ||||||
15 | (7) Perform such other studies or tasks pertaining to | ||||||
16 | forensic crime laboratories as may be requested by the | ||||||
17 | General Assembly by resolution or the Governor, and | ||||||
18 | perform such other functions as may be required by law or | ||||||
19 | as are necessary to carry out the purposes and goals of the | ||||||
20 | Commission prescribed in this Section. | ||||||
21 | (8) Ensure that adequate resources and facilities are | ||||||
22 | available for carrying out the changes proposed in | ||||||
23 | legislation, rules, or policies and that rational | ||||||
24 | priorities are established for the use of those resources. | ||||||
25 | To do so, the Commission may prepare statements to the | ||||||
26 | Governor and General Assembly identifying the fiscal and |
| |||||||
| |||||||
1 | practical effects of proposed legislation, rules, or | ||||||
2 | policy changes. Such statements may include, but are not | ||||||
3 | limited to: the impact on present levels of staffing and | ||||||
4 | resources; a professional opinion on the practical value | ||||||
5 | of the change or changes; the increase or decrease the | ||||||
6 | number of crime laboratories; the increase or decrease the | ||||||
7 | cost of operating crime laboratories; the impact on | ||||||
8 | efficiencies and caseloads; other information, including | ||||||
9 | but not limited to, facts, data, research, and science | ||||||
10 | relevant to the legislation, rule, or policy; the direct | ||||||
11 | or indirect alteration in any process involving or used by | ||||||
12 | crime laboratories of such proposed legislation, rules, or | ||||||
13 | policy changes; an analysis of the impact, either directly | ||||||
14 | or indirectly, on the technology, improvements, or | ||||||
15 | practices of forensic analyses for use in criminal | ||||||
16 | proceedings; together with the direct or indirect impact | ||||||
17 | on headcount, space, equipment, instruments, | ||||||
18 | accreditation, the volume of cases for analysis, | ||||||
19 | scientific controls, and quality assurance. | ||||||
20 | (c) Members. The Commission shall be composed of the | ||||||
21 | Director of the Illinois State Police, or his or her designee, | ||||||
22 | together with the following members appointed for a term of 4 | ||||||
23 | years by the Governor with the advice and consent of the | ||||||
24 | Senate: | ||||||
25 | (1) One crime laboratory director or administrator | ||||||
26 | from each publicly funded forensic laboratory system. |
| |||||||
| |||||||
1 | (2) One member with experience in the admission of | ||||||
2 | forensic evidence in trials from a statewide association | ||||||
3 | representing prosecutors. | ||||||
4 | (3) One member with experience in the admission of | ||||||
5 | forensic evidence in trials from a statewide association | ||||||
6 | representing criminal defense attorneys. | ||||||
7 | (4) Three forensic scientists with bench work | ||||||
8 | background from various forensic disciplines (e.g., DNA, | ||||||
9 | chemistry, pattern evidence, etc.). | ||||||
10 | (5) One retired circuit court judge or associate | ||||||
11 | circuit court judge with criminal trial experience, | ||||||
12 | including experience in the admission of forensic evidence | ||||||
13 | in trials. | ||||||
14 | (6) One academic specializing in the field of forensic | ||||||
15 | sciences. | ||||||
16 | (7) One or more community representatives (e.g., | ||||||
17 | victim advocates, innocence project organizations, sexual | ||||||
18 | assault examiners, etc.). | ||||||
19 | (8) One member who is a medical examiner or coroner. | ||||||
20 | The Governor shall designate one of the members of the | ||||||
21 | Commission to serve as the chair of the Commission. The | ||||||
22 | members of the Commission shall elect from their number such | ||||||
23 | other officers as they may determine. Members of the | ||||||
24 | Commission shall serve without compensation, but may be | ||||||
25 | reimbursed for reasonable expenses incurred in the performance | ||||||
26 | of their duties from funds appropriated for that purpose. |
| |||||||
| |||||||
1 | (d) Subcommittees. The Commission may form subcommittees | ||||||
2 | to study specific issues identified under paragraph (3) of | ||||||
3 | subsection (b), including, but not limited to, subcommittees | ||||||
4 | on education and training, procurement, funding and hiring. Ad | ||||||
5 | hoc subcommittees may also be convened to address other | ||||||
6 | issues. Such subcommittees shall meet as needed to complete | ||||||
7 | their work, and shall report their findings back to the | ||||||
8 | Commission. Subcommittees shall include members of the | ||||||
9 | Commission, and may also include non-members such as forensic | ||||||
10 | science stakeholders and subject matter experts. | ||||||
11 | (e) Meetings. The Commission shall meet quarterly, at the | ||||||
12 | call of the chairperson. Facilities for meeting, whether | ||||||
13 | remotely or in person, shall be provided for the Commission by | ||||||
14 | the Illinois State Police. | ||||||
15 | (f) Reporting by publicly funded forensic laboratories. | ||||||
16 | All State and local publicly funded forensic laboratory | ||||||
17 | systems, including, but not limited to, the DuPage County | ||||||
18 | Forensic Science Center, the Northeastern Illinois Regional | ||||||
19 | Crime Laboratory, and the Illinois State Police, shall | ||||||
20 | annually provide to the Commission a report summarizing its | ||||||
21 | significant non-conformities with the efficient delivery of | ||||||
22 | forensic services and the sound practice of forensic science. | ||||||
23 | The report will identify:
each significant non-conformity or | ||||||
24 | deficient method;
how the non-conformity or deficient method | ||||||
25 | was detected;
the nature and extent of the non-conformity or | ||||||
26 | deficient method;
all corrective actions implemented to |
| |||||||
| |||||||
1 | address the non-conformity or deficient method;
and an | ||||||
2 | analysis of the effectiveness of the corrective actions taken. | ||||||
3 | (g) Definition. As used in this Section, "Commission" | ||||||
4 | means the Illinois Forensic Science Commission.
| ||||||
5 | (Source: P.A. 102-523, eff. 8-20-21.)
| ||||||
6 | Section 15. The Illinois State Police Act is amended by | ||||||
7 | changing Sections 16 and 20 as follows:
| ||||||
8 | (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
| ||||||
9 | Sec. 16.
State policemen shall enforce the provisions of | ||||||
10 | The Illinois
Vehicle Code, approved September 29, 1969, as | ||||||
11 | amended,
and Article 9 of the "Illinois Highway Code" as | ||||||
12 | amended; and shall patrol the
public highways and rural | ||||||
13 | districts to make arrests for violations of the
provisions of | ||||||
14 | such Acts. They are conservators of the peace and as such
have | ||||||
15 | all powers possessed by policemen in cities, and sheriffs, | ||||||
16 | except that
they may exercise such powers anywhere in this | ||||||
17 | State. The State policemen
shall cooperate with the police of | ||||||
18 | cities, villages and incorporated towns,
and with the police | ||||||
19 | officers of any county, in enforcing the laws of the
State and | ||||||
20 | in making arrests and recovering property. They may be | ||||||
21 | equipped
with standardized and tested devices for weighing | ||||||
22 | motor vehicles and may
stop and weigh, acting reasonably, or | ||||||
23 | cause to be weighed, any motor
vehicle which appears to weigh | ||||||
24 | in excess of the weight permitted by law. It
shall also be the |
| |||||||
| |||||||
1 | duty of the Illinois State Police to determine, whenever | ||||||
2 | possible,
the person or persons or the causes responsible for | ||||||
3 | the breaking or
destruction of any improved hard-surfaced | ||||||
4 | roadway; to arrest all persons
criminally responsible for such | ||||||
5 | breaking or destruction and bring them
before the proper | ||||||
6 | officer for trial. The Illinois State Police
shall divide the | ||||||
7 | State into zones, troops, or regions Districts and assign each | ||||||
8 | zone, troop, or region district to one or
more policemen. No | ||||||
9 | person employed under this Act, however, shall serve or
| ||||||
10 | execute civil process, except for process issued under the | ||||||
11 | authority of the
General Assembly, or a committee or | ||||||
12 | commission thereof vested with subpoena
powers when the county | ||||||
13 | sheriff refuses or fails to serve such process, and
except for | ||||||
14 | process allowed by statute or issued under the authority of | ||||||
15 | the Illinois Department of Revenue.
| ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
17 | (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
| ||||||
18 | Sec. 20.
The Illinois State Police from time to time may | ||||||
19 | enter into contracts with
The Illinois State Toll Highway | ||||||
20 | Authority, hereinafter
called the Authority, with respect to | ||||||
21 | the policing of
toll highways by the Illinois State Police. | ||||||
22 | Such contracts shall provide among other
matters for the | ||||||
23 | compensation or reimbursement of the Illinois State Police by | ||||||
24 | the
Authority for the costs incurred by this State with | ||||||
25 | respect
to such policing service, including, but not limited |
| |||||||
| |||||||
1 | to, the costs of: (1)
compensation and training of the State | ||||||
2 | policemen and the clerical employees
assigned to such policing | ||||||
3 | service; and (2) uniforms, equipment, and supplies , which | ||||||
4 | shall be Illinois State Police property,
and housing used by | ||||||
5 | such personnel; and (3) reimbursement of such sums as
the | ||||||
6 | State expends in connection with payments of claims for | ||||||
7 | injuries or
illnesses suffered by such personnel in the line | ||||||
8 | of duty. Each such contract
may provide for the methods of | ||||||
9 | ascertaining such costs, and shall be of
such duration and may | ||||||
10 | contain such other appropriate terms as the Illinois State | ||||||
11 | Police
and the Authority may agree upon. The Illinois State | ||||||
12 | Police is not
obliged to furnish policing service on any | ||||||
13 | highway under the jurisdiction of the
Authority except as | ||||||
14 | required by contract.
| ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
16 | Section 20. The Illinois State Police Radio Act is amended | ||||||
17 | by changing Section 10 as follows:
| ||||||
18 | (20 ILCS 2615/10) | ||||||
19 | Sec. 10. Public safety radio interoperability. Upon their | ||||||
20 | establishment and thereafter, the Director of the Illinois | ||||||
21 | State Police, or his or her designee, shall serve as the | ||||||
22 | chairman of the Illinois Statewide Interoperability Executive | ||||||
23 | Committee (SIEC) and as the chairman of the STARCOM21 | ||||||
24 | Oversight Committee. The Director or his or her designee , as |
| |||||||
| |||||||
1 | chairman, may increase the size and makeup of the voting | ||||||
2 | membership of each committee when deemed necessary for | ||||||
3 | improved public safety radio interoperability, but the voting | ||||||
4 | membership of each committee must represent public safety | ||||||
5 | users (police, fire, or EMS) and must, at a minimum, include | ||||||
6 | the representatives specified in this Section. | ||||||
7 | The STARCOM21 Oversight Committee must comprise public | ||||||
8 | safety users accessing the system and shall include the | ||||||
9 | Statewide Interoperability Coordinator. The members of the | ||||||
10 | STARCOM21 Oversight Committee shall serve without compensation | ||||||
11 | and may, at the call of the Chair, meet in person or remotely. | ||||||
12 | The Illinois State Police shall provide administrative and | ||||||
13 | other support to the STARCOM21 Oversight Committee. The | ||||||
14 | STARCOM21 Oversight Committee shall: | ||||||
15 | (1) review existing statutory law and make | ||||||
16 | recommendations for legislative changes to ensure | ||||||
17 | efficient, effective, reliable, and sustainable radio | ||||||
18 | interoperability statewide; | ||||||
19 | (2) make recommendations concerning better integration | ||||||
20 | of the Integrated Public Alert and Warning System | ||||||
21 | statewide; and | ||||||
22 | (3) develop a plan to sustainably fund radio | ||||||
23 | infrastructure, radio equipment, and interoperability | ||||||
24 | statewide . | ||||||
25 | The SIEC shall have at a minimum one representative from | ||||||
26 | each of the following: the Illinois Fire Chiefs Association, |
| |||||||
| |||||||
1 | the Rural Fire Protection Association, the Office of the State | ||||||
2 | Fire Marshal, the Illinois Association of Chiefs of Police, | ||||||
3 | the Illinois Sheriffs' Association, the Illinois State Police, | ||||||
4 | the Illinois Emergency Management Agency, the Department of | ||||||
5 | Public Health, and the Secretary of State Police (which | ||||||
6 | representative shall be the Director of the Secretary of State | ||||||
7 | Police or his or her designee).
| ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
9 | Section 25. The State Finance Act is amended by changing | ||||||
10 | Sections 6z-82, 6z-127, and 8.3 as follows:
| ||||||
11 | (30 ILCS 105/6z-82) | ||||||
12 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
13 | (a) There is created in the State treasury a special fund | ||||||
14 | known as the State Police Operations Assistance Fund. The Fund | ||||||
15 | shall receive revenue under the Criminal and Traffic | ||||||
16 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
17 | donations, appropriations, and any other legal source. | ||||||
18 | (a-5) Notwithstanding any other provision of law to the | ||||||
19 | contrary, and in addition to any other transfers that may be | ||||||
20 | provided by law, on August 20, 2021 (the effective date of | ||||||
21 | Public Act 102-505), or as soon thereafter as practical, the | ||||||
22 | State Comptroller shall direct and the State Treasurer shall | ||||||
23 | transfer the remaining balance from the Over Dimensional Load | ||||||
24 | Police Escort Fund into the State Police Operations Assistance |
| |||||||
| |||||||
1 | Fund. Upon completion of the transfer, the Over Dimensional | ||||||
2 | Load Police Escort Fund is dissolved, and any future deposits | ||||||
3 | due to that Fund and any outstanding obligations or | ||||||
4 | liabilities of that Fund shall pass to the State Police | ||||||
5 | Operations Assistance Fund. | ||||||
6 | This Fund may charge, collect, and receive fees or moneys | ||||||
7 | as described in Section 15-312 of the Illinois Vehicle Code, | ||||||
8 | and receive all fees received by the Illinois State Police | ||||||
9 | under that Section. The moneys shall be used by the Illinois | ||||||
10 | State Police for its expenses in providing police escorts and | ||||||
11 | commercial vehicle enforcement activities. | ||||||
12 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
13 | finance any of its lawful purposes or functions. | ||||||
14 | (c) Expenditures may be made from the Fund only as | ||||||
15 | appropriated by the General Assembly by law. | ||||||
16 | (d) Investment income that is attributable to the | ||||||
17 | investment of moneys in the Fund shall be retained in the Fund | ||||||
18 | for the uses specified in this Section. | ||||||
19 | (e) The State Police Operations Assistance Fund shall not | ||||||
20 | be subject to administrative chargebacks.
| ||||||
21 | (f) (Blank). | ||||||
22 | (g) Notwithstanding any other provision of State law to | ||||||
23 | the contrary, on or after July 1, 2021, in addition to any | ||||||
24 | other transfers that may be provided for by law, at the | ||||||
25 | direction of and upon notification from the Director of the | ||||||
26 | Illinois State Police, the State Comptroller shall direct and |
| |||||||
| |||||||
1 | the State Treasurer shall transfer amounts not exceeding | ||||||
2 | $7,000,000 into the State Police Operations Assistance Fund | ||||||
3 | from the State Police Services Fund. | ||||||
4 | (h) Notwithstanding any other provision of law, in
| ||||||
5 | addition to any other transfers that may be provided by law, on
| ||||||
6 | the effective date of this amendatory Act of the 103rd General
| ||||||
7 | Assembly, or as soon thereafter as practical, the State
| ||||||
8 | Comptroller shall direct and the State Treasurer shall | ||||||
9 | transfer
the remaining balance from the State Police | ||||||
10 | Streetgang-Related Crime Fund to the State Police Operations | ||||||
11 | Assistance Fund. Upon completion of the
transfers, the State | ||||||
12 | Police Streetgang-Related Crime Fund is dissolved,
and any | ||||||
13 | future deposits into the State Police Streetgang-Related Crime | ||||||
14 | Fund and any outstanding
obligations or liabilities of the | ||||||
15 | State Police Streetgang-Related Crime Fund pass to the State | ||||||
16 | Police Operations Assistance Fund. | ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
18 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
19 | (30 ILCS 105/6z-127)
| ||||||
20 | Sec. 6z-127. State Police Revocation Enforcement Fund. | ||||||
21 | (a) The State Police Revocation Enforcement Fund is | ||||||
22 | established as a special fund in the State treasury. This Fund | ||||||
23 | is established to receive moneys from the Firearm Owners | ||||||
24 | Identification Card Act to enforce that Act, the Firearm | ||||||
25 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
| |||||||
| |||||||
1 | and other firearm offenses. The Fund may also receive revenue | ||||||
2 | from grants, donations, appropriations, and any other legal | ||||||
3 | source. | ||||||
4 | (b) The Illinois State Police may use moneys from the Fund | ||||||
5 | to establish task forces and, if necessary, include other law | ||||||
6 | enforcement agencies, under intergovernmental contracts | ||||||
7 | written and executed in conformity with the Intergovernmental | ||||||
8 | Cooperation Act. | ||||||
9 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
10 | hire and train State Police officers and for the prevention of | ||||||
11 | violent crime. | ||||||
12 | (d) The State Police Revocation Enforcement Fund is not | ||||||
13 | subject to administrative chargebacks. | ||||||
14 | (e) Law enforcement agencies that participate in Firearm | ||||||
15 | Owner's Identification Card revocation enforcement in the | ||||||
16 | Violent Crime Intelligence Task Force may apply for grants | ||||||
17 | from the Illinois State Police.
| ||||||
18 | (f) Any surplus in the Fund beyond what is necessary to | ||||||
19 | ensure compliance with subsections (a) through (e) or moneys | ||||||
20 | that are specifically appropriated for those purposes shall be | ||||||
21 | used by the Illinois State Police to award grants to assist | ||||||
22 | with the data reporting requirements of the Gun Trafficking | ||||||
23 | Information Act. | ||||||
24 | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
25 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
| |||||||
| |||||||
1 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
2 | State of
Illinois incurs any bonded indebtedness for the | ||||||
3 | construction of
permanent highways, be set aside and used for | ||||||
4 | the purpose of paying and
discharging annually the principal | ||||||
5 | and interest on that bonded
indebtedness then due and payable, | ||||||
6 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
7 | after the payment of principal and
interest on that bonded | ||||||
8 | indebtedness then annually due shall be used as
follows: | ||||||
9 | first -- to pay the cost of administration of Chapters | ||||||
10 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
11 | of administration of Articles I and
II of Chapter 3 of that | ||||||
12 | Code, and to pay the costs of the Executive Ethics | ||||||
13 | Commission for oversight and administration of the Chief | ||||||
14 | Procurement Officer appointed under paragraph (2) of | ||||||
15 | subsection (a) of Section 10-20 of the Illinois | ||||||
16 | Procurement Code for transportation; and | ||||||
17 | secondly -- for expenses of the Department of | ||||||
18 | Transportation for
construction, reconstruction, | ||||||
19 | improvement, repair, maintenance,
operation, and | ||||||
20 | administration of highways in accordance with the
| ||||||
21 | provisions of laws relating thereto, or for any purpose | ||||||
22 | related or
incident to and connected therewith, including | ||||||
23 | the separation of grades
of those highways with railroads | ||||||
24 | and with highways and including the
payment of awards made | ||||||
25 | by the Illinois Workers' Compensation Commission under the | ||||||
26 | terms of
the Workers' Compensation Act or Workers' |
| |||||||
| |||||||
1 | Occupational Diseases Act for
injury or death of an | ||||||
2 | employee of the Division of Highways in the
Department of | ||||||
3 | Transportation; or for the acquisition of land and the
| ||||||
4 | erection of buildings for highway purposes, including the | ||||||
5 | acquisition of
highway right-of-way or for investigations | ||||||
6 | to determine the reasonably
anticipated future highway | ||||||
7 | needs; or for making of surveys, plans,
specifications and | ||||||
8 | estimates for and in the construction and maintenance
of | ||||||
9 | flight strips and of highways necessary to provide access | ||||||
10 | to military
and naval reservations, to defense industries | ||||||
11 | and defense-industry
sites, and to the sources of raw | ||||||
12 | materials and for replacing existing
highways and highway | ||||||
13 | connections shut off from general public use at
military | ||||||
14 | and naval reservations and defense-industry sites, or for | ||||||
15 | the
purchase of right-of-way, except that the State shall | ||||||
16 | be reimbursed in
full for any expense incurred in building | ||||||
17 | the flight strips; or for the
operating and maintaining of | ||||||
18 | highway garages; or for patrolling and
policing the public | ||||||
19 | highways and conserving the peace; or for the operating | ||||||
20 | expenses of the Department relating to the administration | ||||||
21 | of public transportation programs; or, during fiscal year | ||||||
22 | 2022, for the purposes of a grant not to exceed $8,394,800 | ||||||
23 | to the Regional Transportation Authority on behalf of PACE | ||||||
24 | for the purpose of ADA/Para-transit expenses; or, during | ||||||
25 | fiscal year 2023, for the purposes of a grant not to exceed | ||||||
26 | $8,394,800 to the Regional Transportation Authority on |
| |||||||
| |||||||
1 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
2 | expenses; or for any of
those purposes or any other | ||||||
3 | purpose that may be provided by law. | ||||||
4 | Appropriations for any of those purposes are payable from | ||||||
5 | the Road
Fund. Appropriations may also be made from the Road | ||||||
6 | Fund for the
administrative expenses of any State agency that | ||||||
7 | are related to motor
vehicles or arise from the use of motor | ||||||
8 | vehicles. | ||||||
9 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
10 | Fund monies
shall be appropriated to the following Departments | ||||||
11 | or agencies of State
government for administration, grants, or | ||||||
12 | operations; but this
limitation is not a restriction upon | ||||||
13 | appropriating for those purposes any
Road Fund monies that are | ||||||
14 | eligible for federal reimbursement: | ||||||
15 | 1. Department of Public Health; | ||||||
16 | 2. Department of Transportation, only with respect to | ||||||
17 | subsidies for
one-half fare Student Transportation and | ||||||
18 | Reduced Fare for Elderly, except fiscal year 2022 when no | ||||||
19 | more than $17,570,000 may be expended and except fiscal | ||||||
20 | year 2023 when no more than $17,570,000 may be expended; | ||||||
21 | 3. Department of Central Management
Services, except | ||||||
22 | for expenditures
incurred for group insurance premiums of | ||||||
23 | appropriate personnel; | ||||||
24 | 4. Judicial Systems and Agencies. | ||||||
25 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
26 | Fund monies
shall be appropriated to the following Departments |
| |||||||
| |||||||
1 | or agencies of State
government for administration, grants, or | ||||||
2 | operations; but this
limitation is not a restriction upon | ||||||
3 | appropriating for those purposes any
Road Fund monies that are | ||||||
4 | eligible for federal reimbursement: | ||||||
5 | 1. Illinois State Police, except for expenditures with
| ||||||
6 | respect to the Division of Patrol Operations and Division | ||||||
7 | of Criminal Investigation; | ||||||
8 | 2. Department of Transportation, only with respect to | ||||||
9 | Intercity Rail
Subsidies, except fiscal year 2022 when no | ||||||
10 | more than $50,000,000 may be expended and except fiscal | ||||||
11 | year 2023 when no more than $55,000,000 may be expended, | ||||||
12 | and Rail Freight Services. | ||||||
13 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
14 | Fund monies
shall be appropriated to the following Departments | ||||||
15 | or agencies of State
government for administration, grants, or | ||||||
16 | operations; but this
limitation is not a restriction upon | ||||||
17 | appropriating for those purposes any
Road Fund monies that are | ||||||
18 | eligible for federal reimbursement: Department
of Central | ||||||
19 | Management Services, except for awards made by
the Illinois | ||||||
20 | Workers' Compensation Commission under the terms of the | ||||||
21 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
22 | Act for injury or death of an employee of
the Division of | ||||||
23 | Highways in the Department of Transportation. | ||||||
24 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
25 | Fund monies
shall be appropriated to the following Departments | ||||||
26 | or agencies of State
government for administration, grants, or |
| |||||||
| |||||||
1 | operations; but this
limitation is not a restriction upon | ||||||
2 | appropriating for those purposes any
Road Fund monies that are | ||||||
3 | eligible for federal reimbursement: | ||||||
4 | 1. Illinois State Police, except not more than 40% of | ||||||
5 | the
funds appropriated for the Division of Patrol | ||||||
6 | Operations and Division of Criminal Investigation; | ||||||
7 | 2. State Officers. | ||||||
8 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
9 | Fund monies
shall be appropriated to any Department or agency | ||||||
10 | of State government
for administration, grants, or operations | ||||||
11 | except as provided hereafter;
but this limitation is not a | ||||||
12 | restriction upon appropriating for those
purposes any Road | ||||||
13 | Fund monies that are eligible for federal
reimbursement. It | ||||||
14 | shall not be lawful to circumvent the above
appropriation | ||||||
15 | limitations by governmental reorganization or other
methods. | ||||||
16 | Appropriations shall be made from the Road Fund only in
| ||||||
17 | accordance with the provisions of this Section. | ||||||
18 | Money in the Road Fund shall, if and when the State of | ||||||
19 | Illinois
incurs any bonded indebtedness for the construction | ||||||
20 | of permanent
highways, be set aside and used for the purpose of | ||||||
21 | paying and
discharging during each fiscal year the principal | ||||||
22 | and interest on that
bonded indebtedness as it becomes due and | ||||||
23 | payable as provided in the
Transportation Bond Act, and for no | ||||||
24 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
25 | payment of
principal and interest on that bonded indebtedness | ||||||
26 | then annually due
shall be used as follows: |
| |||||||
| |||||||
1 | first -- to pay the cost of administration of Chapters | ||||||
2 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
3 | secondly -- no Road Fund monies derived from fees, | ||||||
4 | excises, or
license taxes relating to registration, | ||||||
5 | operation and use of vehicles on
public highways or to | ||||||
6 | fuels used for the propulsion of those vehicles,
shall be | ||||||
7 | appropriated or expended other than for costs of | ||||||
8 | administering
the laws imposing those fees, excises, and | ||||||
9 | license taxes, statutory
refunds and adjustments allowed | ||||||
10 | thereunder, administrative costs of the
Department of | ||||||
11 | Transportation, including, but not limited to, the | ||||||
12 | operating expenses of the Department relating to the | ||||||
13 | administration of public transportation programs, payment | ||||||
14 | of debts and liabilities incurred
in construction and | ||||||
15 | reconstruction of public highways and bridges,
acquisition | ||||||
16 | of rights-of-way for and the cost of construction,
| ||||||
17 | reconstruction, maintenance, repair, and operation of | ||||||
18 | public highways and
bridges under the direction and | ||||||
19 | supervision of the State, political
subdivision, or | ||||||
20 | municipality collecting those monies, or during fiscal | ||||||
21 | year 2022 for the purposes of a grant not to exceed | ||||||
22 | $8,394,800 to the Regional Transportation Authority on | ||||||
23 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
24 | expenses, or during fiscal year 2023 for the purposes of a | ||||||
25 | grant not to exceed $8,394,800 to the Regional | ||||||
26 | Transportation Authority on behalf of PACE for the purpose |
| |||||||
| |||||||
1 | of ADA/Para-transit expenses, and the costs for
patrolling | ||||||
2 | and policing the public highways (by the State, political
| ||||||
3 | subdivision, or municipality collecting that money) for | ||||||
4 | enforcement of
traffic laws. The separation of grades of | ||||||
5 | such highways with railroads
and costs associated with | ||||||
6 | protection of at-grade highway and railroad
crossing shall | ||||||
7 | also be permissible. | ||||||
8 | Appropriations for any of such purposes are payable from | ||||||
9 | the Road
Fund or the Grade Crossing Protection Fund as | ||||||
10 | provided in Section 8 of
the Motor Fuel Tax Law. | ||||||
11 | Except as provided in this paragraph, beginning with | ||||||
12 | fiscal year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
13 | appropriated to the Illinois State Police for the purposes of
| ||||||
14 | this Section in excess of its total fiscal year 1990 Road Fund
| ||||||
15 | appropriations for those purposes unless otherwise provided in | ||||||
16 | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, | ||||||
17 | 2006, and 2007 only, no Road Fund monies shall
be appropriated | ||||||
18 | to the
Department of State Police for the purposes of this | ||||||
19 | Section in excess of
$97,310,000.
For fiscal year 2008 only, | ||||||
20 | no Road
Fund monies shall be appropriated to the Department of | ||||||
21 | State Police for the purposes of
this Section in excess of | ||||||
22 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
23 | shall be appropriated to the Department of State Police for | ||||||
24 | the purposes of this Section in excess of $114,700,000. | ||||||
25 | Beginning in fiscal year 2010, no road fund moneys shall be | ||||||
26 | appropriated to the Illinois State Police. It shall not be |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | lawful to circumvent this limitation on
appropriations by | |||||||||||||||||||||
2 | governmental reorganization or other methods unless
otherwise | |||||||||||||||||||||
3 | provided in Section 5g of this Act. | |||||||||||||||||||||
4 | In fiscal year 1994, no Road Fund monies shall be | |||||||||||||||||||||
5 | appropriated
to the
Secretary of State for the purposes of | |||||||||||||||||||||
6 | this Section in excess of the total
fiscal year 1991 Road Fund | |||||||||||||||||||||
7 | appropriations to the Secretary of State for
those purposes, | |||||||||||||||||||||
8 | plus $9,800,000. It
shall not be
lawful to circumvent
this | |||||||||||||||||||||
9 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||
10 | other
method. | |||||||||||||||||||||
11 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||
12 | Fund
monies
shall be appropriated to the Secretary of State | |||||||||||||||||||||
13 | for the purposes of this
Section in excess of the total fiscal | |||||||||||||||||||||
14 | year 1994 Road Fund
appropriations to
the Secretary of State | |||||||||||||||||||||
15 | for those purposes. It shall not be lawful to
circumvent this | |||||||||||||||||||||
16 | limitation on appropriations by governmental reorganization
or | |||||||||||||||||||||
17 | other methods. | |||||||||||||||||||||
18 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||
19 | appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||
20 | this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||
21 | following fiscal years: | |||||||||||||||||||||
|
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
6 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||
7 | appropriated to the Secretary of State. | |||||||||||||||||||||
8 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||
9 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||
10 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||
11 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||
12 | otherwise provided for by law. | |||||||||||||||||||||
13 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||
14 | appropriations by
governmental reorganization or other | |||||||||||||||||||||
15 | methods. | |||||||||||||||||||||
16 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||
17 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||
18 | by this
Section for fiscal year 1984 and thereafter, insofar | |||||||||||||||||||||
19 | as appropriation of
Road Fund monies is concerned. | |||||||||||||||||||||
20 | Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||
21 | Fund to the
State Construction Account Fund under Section 5e | |||||||||||||||||||||
22 | of this Act; nor to the
General Revenue Fund, as authorized by | |||||||||||||||||||||
23 | Public Act 93-25. | |||||||||||||||||||||
24 | The additional amounts authorized for expenditure in this | |||||||||||||||||||||
25 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| |||||||||||||||||||||
26 | shall be repaid to the Road Fund
from the General Revenue Fund |
| |||||||
| |||||||
1 | in the next succeeding fiscal year that the
General Revenue | ||||||
2 | Fund has a positive budgetary balance, as determined by
| ||||||
3 | generally accepted accounting principles applicable to | ||||||
4 | government. | ||||||
5 | The additional amounts authorized for expenditure by the | ||||||
6 | Secretary of State
and
the Department of State Police in this | ||||||
7 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
8 | from the General Revenue Fund in the
next
succeeding fiscal | ||||||
9 | year that the General Revenue Fund has a positive budgetary
| ||||||
10 | balance,
as determined by generally accepted accounting | ||||||
11 | principles applicable to
government. | ||||||
12 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
13 | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. | ||||||
14 | 4-19-22; 102-813, eff. 5-13-22.)
| ||||||
15 | (30 ILCS 105/5.783 rep.) | ||||||
16 | (30 ILCS 105/8p rep.) | ||||||
17 | Section 30. The State Finance Act is amended by repealing | ||||||
18 | Sections 5.783 and 8p.
| ||||||
19 | Section 31. The Intergovernmental Drug Laws Enforcement | ||||||
20 | Act is amended by changing Section 3 as follows:
| ||||||
21 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||||||
22 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
23 | minimum
criteria established in this Section is eligible to |
| |||||||
| |||||||
1 | receive State grants
to help defray the costs of operation. To | ||||||
2 | be eligible a MEG must:
| ||||||
3 | (1) Be established and operating pursuant to | ||||||
4 | intergovernmental
contracts written and executed in | ||||||
5 | conformity with the Intergovernmental
Cooperation Act, and | ||||||
6 | involve 2 or more units of local government.
| ||||||
7 | (2) Establish a MEG Policy Board composed of an | ||||||
8 | elected official, or
his designee, and the chief law | ||||||
9 | enforcement officer, or his designee,
from each | ||||||
10 | participating unit of local government to oversee the
| ||||||
11 | operations of the MEG and make such reports to the | ||||||
12 | Illinois State
Police as the Illinois State
Police may | ||||||
13 | require.
| ||||||
14 | (3) Designate a single appropriate elected official of | ||||||
15 | a
participating unit of local government to act as the | ||||||
16 | financial officer
of the MEG for all participating units | ||||||
17 | of local government and to
receive funds for the operation | ||||||
18 | of the MEG.
| ||||||
19 | (4) Limit its operations to enforcement of drug laws; | ||||||
20 | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||||||
21 | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, | ||||||
22 | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||||||
23 | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code | ||||||
24 | of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm | ||||||
25 | Owners Identification Card Act; and the investigation of | ||||||
26 | streetgang related offenses.
|
| |||||||
| |||||||
1 | (5) Cooperate with the Illinois State Police in order | ||||||
2 | to
assure compliance with this Act and to enable the | ||||||
3 | Illinois State
Police to fulfill
its duties under this | ||||||
4 | Act, and supply the Illinois State
Police with all
| ||||||
5 | information the Illinois State
Police deems necessary | ||||||
6 | therefor.
| ||||||
7 | (6) Receive funding of at least 50% of the total | ||||||
8 | operating budget of
the MEG from the participating units | ||||||
9 | of local government.
| ||||||
10 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
11 | 102-813, eff. 5-13-22.)
| ||||||
12 | Section 35. The School Code is amended by changing Section | ||||||
13 | 10-27.1A as follows:
| ||||||
14 | (105 ILCS 5/10-27.1A)
| ||||||
15 | Sec. 10-27.1A. Firearms in schools.
| ||||||
16 | (a) All school officials, including teachers, school | ||||||
17 | counselors, and
support staff, shall immediately notify the | ||||||
18 | office of the principal in the
event that they observe any | ||||||
19 | person in possession of a firearm on school
grounds; provided | ||||||
20 | that taking such immediate action to notify the office of the
| ||||||
21 | principal would not immediately endanger the health, safety, | ||||||
22 | or welfare of
students who are under the direct supervision of | ||||||
23 | the school official or the
school official. If the health, | ||||||
24 | safety, or welfare of students under the
direct supervision of |
| |||||||
| |||||||
1 | the school official or of the school official is
immediately | ||||||
2 | endangered, the school official shall notify the office of the
| ||||||
3 | principal as soon as the students under his or her supervision | ||||||
4 | and he or she
are no longer under immediate danger. A report is | ||||||
5 | not required by this Section
when the school official knows | ||||||
6 | that the person in possession of the firearm is
a law | ||||||
7 | enforcement official engaged in the conduct of his or her | ||||||
8 | official
duties. Any school official acting in good faith who | ||||||
9 | makes such a report under
this Section shall have immunity | ||||||
10 | from any civil or criminal liability that
might otherwise be | ||||||
11 | incurred as a result of making the report. The identity of
the | ||||||
12 | school official making such report shall not be disclosed | ||||||
13 | except as
expressly and specifically authorized by law. | ||||||
14 | Knowingly and willfully failing
to comply with this Section is | ||||||
15 | a petty offense. A second or subsequent offense
is a Class C | ||||||
16 | misdemeanor.
| ||||||
17 | (b) Upon receiving a report from any school official | ||||||
18 | pursuant to this
Section, or from any other person, the | ||||||
19 | principal or his or her designee shall
immediately notify a | ||||||
20 | local law enforcement agency. If the person found to be
in | ||||||
21 | possession of a firearm on school grounds is a student, the | ||||||
22 | principal or
his or her designee shall also immediately notify | ||||||
23 | that student's parent or
guardian. Any principal or his or her | ||||||
24 | designee acting in good faith who makes
such reports under | ||||||
25 | this Section shall have immunity from any civil or criminal
| ||||||
26 | liability that might otherwise be incurred or imposed as a |
| |||||||
| |||||||
1 | result of making
the reports. Knowingly and willfully failing | ||||||
2 | to comply with this Section is a
petty offense. A second or | ||||||
3 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
4 | found to be in possession of the firearm on school grounds is a
| ||||||
5 | minor, the law enforcement agency shall detain that minor | ||||||
6 | until such time as
the agency makes a determination pursuant | ||||||
7 | to clause (a) of subsection (1) of
Section 5-401 of the | ||||||
8 | Juvenile Court Act of 1987, as to whether the agency
| ||||||
9 | reasonably believes that the minor is delinquent. If the law | ||||||
10 | enforcement
agency determines that probable cause exists to | ||||||
11 | believe that the minor
committed a violation of item (4) of | ||||||
12 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
13 | while on school grounds, the agency shall detain the
minor for | ||||||
14 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
15 | of
1987.
| ||||||
16 | (c) Upon On or after January 1, 1997, upon receipt of any | ||||||
17 | written,
electronic, or verbal report from any school | ||||||
18 | personnel regarding a verified
incident involving a firearm in | ||||||
19 | a school or on school owned or leased property,
including any | ||||||
20 | conveyance owned,
leased, or used by the school for the | ||||||
21 | transport of students or school
personnel, the superintendent | ||||||
22 | or his or her designee shall report all such
firearm-related | ||||||
23 | incidents occurring in a school or on school property to the
| ||||||
24 | local law enforcement authorities immediately , who shall | ||||||
25 | report and to the Illinois State Police in a form, manner, and | ||||||
26 | frequency as prescribed by the Illinois State Police.
|
| |||||||
| |||||||
1 | The State Board of Education shall receive an annual | ||||||
2 | statistical compilation
and related data associated with | ||||||
3 | incidents involving firearms in schools from
the Illinois | ||||||
4 | State Police. The State Board of Education shall compile
this | ||||||
5 | information by school district and make it available to the | ||||||
6 | public.
| ||||||
7 | (d) As used in this Section, the term "firearm" shall have | ||||||
8 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
9 | Identification Card Act.
| ||||||
10 | As used in this Section, the term "school" means any | ||||||
11 | public or private
elementary or secondary school.
| ||||||
12 | As used in this Section, the term "school grounds" | ||||||
13 | includes the real property
comprising any school, any | ||||||
14 | conveyance owned, leased, or contracted by a school
to | ||||||
15 | transport students to or from school or a school-related | ||||||
16 | activity, or any
public way within 1,000 feet of the real | ||||||
17 | property comprising any school.
| ||||||
18 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
19 | 102-813, eff. 5-13-22.)
| ||||||
20 | Section 40. The Illinois Pension Code is amended by | ||||||
21 | changing Section 14-110 as follows:
| ||||||
22 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
23 | (Text of Section from P.A. 102-813)
| ||||||
24 | Sec. 14-110. Alternative retirement annuity.
|
| |||||||
| |||||||
1 | (a) Any member who has withdrawn from service with not | ||||||
2 | less than 20
years of eligible creditable service and has | ||||||
3 | attained age 55, and any
member who has withdrawn from service | ||||||
4 | with not less than 25 years of
eligible creditable service and | ||||||
5 | has attained age 50, regardless of whether
the attainment of | ||||||
6 | either of the specified ages occurs while the member is
still | ||||||
7 | in service, shall be entitled to receive at the option of the | ||||||
8 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
9 | a retirement annuity
computed as follows:
| ||||||
10 | (i) for periods of service as a noncovered employee:
| ||||||
11 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
12 | final
average compensation for each year of creditable | ||||||
13 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
14 | 1/4% of final average compensation for each of the
first | ||||||
15 | 10 years of creditable service, 2 1/2% for each year above | ||||||
16 | 10 years to
and including 20 years of creditable service, | ||||||
17 | and 2 3/4% for each year of
creditable service above 20 | ||||||
18 | years; and
| ||||||
19 | (ii) for periods of eligible creditable service as a | ||||||
20 | covered employee:
if retirement occurs on or after January | ||||||
21 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
22 | of creditable service; if retirement occurs before
January | ||||||
23 | 1, 2001, 1.67% of final average compensation for each of | ||||||
24 | the first
10 years of such service, 1.90% for each of the | ||||||
25 | next 10 years of such service,
2.10% for each year of such | ||||||
26 | service in excess of 20 but not exceeding 30, and
2.30% for |
| |||||||
| |||||||
1 | each year in excess of 30.
| ||||||
2 | Such annuity shall be subject to a maximum of 75% of final | ||||||
3 | average
compensation if retirement occurs before January 1, | ||||||
4 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
5 | retirement occurs on or after January
1, 2001.
| ||||||
6 | These rates shall not be applicable to any service | ||||||
7 | performed
by a member as a covered employee which is not | ||||||
8 | eligible creditable service.
Service as a covered employee | ||||||
9 | which is not eligible creditable service
shall be subject to | ||||||
10 | the rates and provisions of Section 14-108.
| ||||||
11 | (b) For the purpose of this Section, "eligible creditable | ||||||
12 | service" means
creditable service resulting from service in | ||||||
13 | one or more of the following
positions:
| ||||||
14 | (1) State policeman;
| ||||||
15 | (2) fire fighter in the fire protection service of a | ||||||
16 | department;
| ||||||
17 | (3) air pilot;
| ||||||
18 | (4) special agent;
| ||||||
19 | (5) investigator for the Secretary of State;
| ||||||
20 | (6) conservation police officer;
| ||||||
21 | (7) investigator for the Department of Revenue or the | ||||||
22 | Illinois Gaming Board;
| ||||||
23 | (8) security employee of the Department of Human | ||||||
24 | Services;
| ||||||
25 | (9) Central Management Services security police | ||||||
26 | officer;
|
| |||||||
| |||||||
1 | (10) security employee of the Department of | ||||||
2 | Corrections or the Department of Juvenile Justice;
| ||||||
3 | (11) dangerous drugs investigator;
| ||||||
4 | (12) investigator for the Illinois State Police;
| ||||||
5 | (13) investigator for the Office of the Attorney | ||||||
6 | General;
| ||||||
7 | (14) controlled substance inspector;
| ||||||
8 | (15) investigator for the Office of the State's | ||||||
9 | Attorneys Appellate
Prosecutor;
| ||||||
10 | (16) Commerce Commission police officer;
| ||||||
11 | (17) arson investigator;
| ||||||
12 | (18) State highway maintenance worker;
| ||||||
13 | (19) security employee of the Department of Innovation | ||||||
14 | and Technology; or | ||||||
15 | (20) transferred employee. | ||||||
16 | A person employed in one of the positions specified in | ||||||
17 | this subsection is
entitled to eligible creditable service for | ||||||
18 | service credit earned under this
Article while undergoing the | ||||||
19 | basic police training course approved by the
Illinois Law | ||||||
20 | Enforcement Training
Standards Board, if
completion of that | ||||||
21 | training is required of persons serving in that position.
For | ||||||
22 | the purposes of this Code, service during the required basic | ||||||
23 | police
training course shall be deemed performance of the | ||||||
24 | duties of the specified
position, even though the person is | ||||||
25 | not a sworn peace officer at the time of
the training.
| ||||||
26 | A person under paragraph (20) is entitled to eligible |
| |||||||
| |||||||
1 | creditable service for service credit earned under this | ||||||
2 | Article on and after his or her transfer by Executive Order No. | ||||||
3 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
4 | 2016-1. | ||||||
5 | (c) For the purposes of this Section:
| ||||||
6 | (1) The term "State policeman" includes any title or | ||||||
7 | position
in the Illinois State Police that is held by an | ||||||
8 | individual employed
under the Illinois State Police Act.
| ||||||
9 | (2) The term "fire fighter in the fire protection | ||||||
10 | service of a
department" includes all officers in such | ||||||
11 | fire protection service
including fire chiefs and | ||||||
12 | assistant fire chiefs.
| ||||||
13 | (3) The term "air pilot" includes any employee whose | ||||||
14 | official job
description on file in the Department of | ||||||
15 | Central Management Services, or
in the department by which | ||||||
16 | he is employed if that department is not covered
by the | ||||||
17 | Personnel Code, states that his principal duty is the | ||||||
18 | operation of
aircraft, and who possesses a pilot's | ||||||
19 | license; however, the change in this
definition made by | ||||||
20 | Public Act 83-842 shall not operate to exclude
any | ||||||
21 | noncovered employee who was an "air pilot" for the | ||||||
22 | purposes of this
Section on January 1, 1984.
| ||||||
23 | (4) The term "special agent" means any person who by | ||||||
24 | reason of
employment by the Division of Narcotic Control, | ||||||
25 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
26 | Division of Criminal Investigation, the
Division of |
| |||||||
| |||||||
1 | Internal Investigation, the Division of Operations, the | ||||||
2 | Division of Patrol Operations , or any
other Division or | ||||||
3 | organizational
entity in the Illinois State Police is | ||||||
4 | vested by law with duties to
maintain public order, | ||||||
5 | investigate violations of the criminal law of this
State, | ||||||
6 | enforce the laws of this State, make arrests and recover | ||||||
7 | property.
The term "special agent" includes any title or | ||||||
8 | position in the Illinois State Police that is held by an | ||||||
9 | individual employed under the Illinois State
Police Act.
| ||||||
10 | (5) The term "investigator for the Secretary of State" | ||||||
11 | means any person
employed by the Office of the Secretary | ||||||
12 | of State and vested with such
investigative duties as | ||||||
13 | render him ineligible for coverage under the Social
| ||||||
14 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
15 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
16 | A person who became employed as an investigator for | ||||||
17 | the Secretary of
State between January 1, 1967 and | ||||||
18 | December 31, 1975, and who has served as
such until | ||||||
19 | attainment of age 60, either continuously or with a single | ||||||
20 | break
in service of not more than 3 years duration, which | ||||||
21 | break terminated before
January 1, 1976, shall be entitled | ||||||
22 | to have his retirement annuity
calculated in accordance | ||||||
23 | with subsection (a), notwithstanding
that he has less than | ||||||
24 | 20 years of credit for such service.
| ||||||
25 | (6) The term "Conservation Police Officer" means any | ||||||
26 | person employed
by the Division of Law Enforcement of the |
| |||||||
| |||||||
1 | Department of Natural Resources and
vested with such law | ||||||
2 | enforcement duties as render him ineligible for coverage
| ||||||
3 | under the Social Security Act by reason of Sections | ||||||
4 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
5 | term "Conservation Police Officer" includes
the positions | ||||||
6 | of Chief Conservation Police Administrator and Assistant
| ||||||
7 | Conservation Police Administrator.
| ||||||
8 | (7) The term "investigator for the Department of | ||||||
9 | Revenue" means any
person employed by the Department of | ||||||
10 | Revenue and vested with such
investigative duties as | ||||||
11 | render him ineligible for coverage under the Social
| ||||||
12 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
13 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
14 | The term "investigator for the Illinois Gaming Board" | ||||||
15 | means any
person employed as such by the Illinois Gaming | ||||||
16 | Board and vested with such
peace officer duties as render | ||||||
17 | the person ineligible for coverage under the Social
| ||||||
18 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
19 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
20 | (8) The term "security employee of the Department of | ||||||
21 | Human Services"
means any person employed by the | ||||||
22 | Department of Human Services who (i) is
employed at the | ||||||
23 | Chester Mental Health Center and has daily contact with | ||||||
24 | the
residents thereof, (ii) is employed within a security | ||||||
25 | unit at a facility
operated by the Department and has | ||||||
26 | daily contact with the residents of the
security unit, |
| |||||||
| |||||||
1 | (iii) is employed at a facility operated by the Department
| ||||||
2 | that includes a security unit and is regularly scheduled | ||||||
3 | to work at least
50% of his or her working hours within | ||||||
4 | that security unit, or (iv) is a mental health police | ||||||
5 | officer.
"Mental health police officer" means any person | ||||||
6 | employed by the Department of
Human Services in a position | ||||||
7 | pertaining to the Department's mental health and
| ||||||
8 | developmental disabilities functions who is vested with | ||||||
9 | such law enforcement
duties as render the person | ||||||
10 | ineligible for coverage under the Social Security
Act by | ||||||
11 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
12 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
13 | of a facility that is devoted to
the care, containment, | ||||||
14 | and treatment of persons committed to the Department of
| ||||||
15 | Human Services as sexually violent persons, persons unfit | ||||||
16 | to stand trial, or
persons not guilty by reason of | ||||||
17 | insanity. With respect to past employment,
references to | ||||||
18 | the Department of Human Services include its predecessor, | ||||||
19 | the
Department of Mental Health and Developmental | ||||||
20 | Disabilities.
| ||||||
21 | The changes made to this subdivision (c)(8) by Public | ||||||
22 | Act 92-14 apply to persons who retire on or after January | ||||||
23 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
24 | (9) "Central Management Services security police | ||||||
25 | officer" means any
person employed by the Department of | ||||||
26 | Central Management Services who is
vested with such law |
| |||||||
| |||||||
1 | enforcement duties as render him ineligible for
coverage | ||||||
2 | under the Social Security Act by reason of Sections | ||||||
3 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
4 | (10) For a member who first became an employee under | ||||||
5 | this Article before July 1, 2005, the term "security | ||||||
6 | employee of the Department of Corrections or the | ||||||
7 | Department of Juvenile Justice"
means any employee of the | ||||||
8 | Department of Corrections or the Department of Juvenile | ||||||
9 | Justice or the former
Department of Personnel, and any | ||||||
10 | member or employee of the Prisoner
Review Board, who has | ||||||
11 | daily contact with inmates or youth by working within a
| ||||||
12 | correctional facility or Juvenile facility operated by the | ||||||
13 | Department of Juvenile Justice or who is a parole officer | ||||||
14 | or an employee who has
direct contact with committed | ||||||
15 | persons in the performance of his or her
job duties. For a | ||||||
16 | member who first becomes an employee under this Article on | ||||||
17 | or after July 1, 2005, the term means an employee of the | ||||||
18 | Department of Corrections or the Department of Juvenile | ||||||
19 | Justice who is any of the following: (i) officially | ||||||
20 | headquartered at a correctional facility or Juvenile | ||||||
21 | facility operated by the Department of Juvenile Justice, | ||||||
22 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
23 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
24 | of the sort team, or (vi) an investigator.
| ||||||
25 | (11) The term "dangerous drugs investigator" means any | ||||||
26 | person who is
employed as such by the Department of Human |
| |||||||
| |||||||
1 | Services.
| ||||||
2 | (12) The term "investigator for the Illinois State | ||||||
3 | Police" means
a person employed by the Illinois State | ||||||
4 | Police who is vested under
Section 4 of the Narcotic | ||||||
5 | Control Division Abolition Act with such
law enforcement | ||||||
6 | powers as render him ineligible for coverage under the
| ||||||
7 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
8 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
9 | (13) "Investigator for the Office of the Attorney | ||||||
10 | General" means any
person who is employed as such by the | ||||||
11 | Office of the Attorney General and
is vested with such | ||||||
12 | investigative duties as render him ineligible for
coverage | ||||||
13 | under the Social Security Act by reason of Sections | ||||||
14 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
15 | the period before January 1,
1989, the term includes all | ||||||
16 | persons who were employed as investigators by the
Office | ||||||
17 | of the Attorney General, without regard to social security | ||||||
18 | status.
| ||||||
19 | (14) "Controlled substance inspector" means any person | ||||||
20 | who is employed
as such by the Department of Professional | ||||||
21 | Regulation and is vested with such
law enforcement duties | ||||||
22 | as render him ineligible for coverage under the Social
| ||||||
23 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
24 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
25 | "controlled substance inspector" includes the Program
| ||||||
26 | Executive of Enforcement and the Assistant Program |
| |||||||
| |||||||
1 | Executive of Enforcement.
| ||||||
2 | (15) The term "investigator for the Office of the | ||||||
3 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
4 | employed in that capacity on a full-time basis under the | ||||||
5 | authority of Section 7.06 of the State's Attorneys
| ||||||
6 | Appellate Prosecutor's Act.
| ||||||
7 | (16) "Commerce Commission police officer" means any | ||||||
8 | person employed
by the Illinois Commerce Commission who is | ||||||
9 | vested with such law
enforcement duties as render him | ||||||
10 | ineligible for coverage under the Social
Security Act by | ||||||
11 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
12 | 218(l)(1) of that Act.
| ||||||
13 | (17) "Arson investigator" means any person who is | ||||||
14 | employed as such by
the Office of the State Fire Marshal | ||||||
15 | and is vested with such law enforcement
duties as render | ||||||
16 | the person ineligible for coverage under the Social | ||||||
17 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
18 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
19 | employed as an arson
investigator on January 1, 1995 and | ||||||
20 | is no longer in service but not yet
receiving a retirement | ||||||
21 | annuity may convert his or her creditable service for
| ||||||
22 | employment as an arson investigator into eligible | ||||||
23 | creditable service by paying
to the System the difference | ||||||
24 | between the employee contributions actually paid
for that | ||||||
25 | service and the amounts that would have been contributed | ||||||
26 | if the
applicant were contributing at the rate applicable |
| |||||||
| |||||||
1 | to persons with the same
social security status earning | ||||||
2 | eligible creditable service on the date of
application.
| ||||||
3 | (18) The term "State highway maintenance worker" means | ||||||
4 | a person who is
either of the following:
| ||||||
5 | (i) A person employed on a full-time basis by the | ||||||
6 | Illinois
Department of Transportation in the position | ||||||
7 | of
highway maintainer,
highway maintenance lead | ||||||
8 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
9 | construction equipment operator,
power shovel | ||||||
10 | operator, or
bridge mechanic; and
whose principal | ||||||
11 | responsibility is to perform, on the roadway, the | ||||||
12 | actual
maintenance necessary to keep the highways that | ||||||
13 | form a part of the State
highway system in serviceable | ||||||
14 | condition for vehicular traffic.
| ||||||
15 | (ii) A person employed on a full-time basis by the | ||||||
16 | Illinois
State Toll Highway Authority in the position | ||||||
17 | of
equipment operator/laborer H-4,
equipment | ||||||
18 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
19 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
20 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
21 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
22 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
23 | painter H-4, or
painter H-6; and
whose principal | ||||||
24 | responsibility is to perform, on the roadway, the | ||||||
25 | actual
maintenance necessary to keep the Authority's | ||||||
26 | tollways in serviceable condition
for vehicular |
| |||||||
| |||||||
1 | traffic.
| ||||||
2 | (19) The term "security employee of the Department of | ||||||
3 | Innovation and Technology" means a person who was a | ||||||
4 | security employee of the Department of Corrections or the | ||||||
5 | Department of Juvenile Justice, was transferred to the | ||||||
6 | Department of Innovation and Technology pursuant to | ||||||
7 | Executive Order 2016-01, and continues to perform similar | ||||||
8 | job functions under that Department. | ||||||
9 | (20) "Transferred employee" means an employee who was | ||||||
10 | transferred to the Department of Central Management | ||||||
11 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
12 | No. 2004-2 or transferred to the Department of Innovation | ||||||
13 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
14 | was entitled to eligible creditable service for services | ||||||
15 | immediately preceding the transfer. | ||||||
16 | (d) A security employee of the Department of Corrections | ||||||
17 | or the Department of Juvenile Justice, a security
employee of | ||||||
18 | the Department of Human Services who is not a mental health | ||||||
19 | police
officer, and a security employee of the Department of | ||||||
20 | Innovation and Technology shall not be eligible for the | ||||||
21 | alternative retirement annuity provided
by this Section unless | ||||||
22 | he or she meets the following minimum age and service
| ||||||
23 | requirements at the time of retirement:
| ||||||
24 | (i) 25 years of eligible creditable service and age | ||||||
25 | 55; or
| ||||||
26 | (ii) beginning January 1, 1987, 25 years of eligible |
| |||||||
| |||||||
1 | creditable service
and age 54, or 24 years of eligible | ||||||
2 | creditable service and age 55; or
| ||||||
3 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
4 | creditable service
and age 53, or 23 years of eligible | ||||||
5 | creditable service and age 55; or
| ||||||
6 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
7 | creditable service
and age 52, or 22 years of eligible | ||||||
8 | creditable service and age 55; or
| ||||||
9 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
10 | creditable service
and age 51, or 21 years of eligible | ||||||
11 | creditable service and age 55; or
| ||||||
12 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
13 | creditable service
and age 50, or 20 years of eligible | ||||||
14 | creditable service and age 55.
| ||||||
15 | Persons who have service credit under Article 16 of this | ||||||
16 | Code for service
as a security employee of the Department of | ||||||
17 | Corrections or the Department of Juvenile Justice, or the | ||||||
18 | Department
of Human Services in a position requiring | ||||||
19 | certification as a teacher may
count such service toward | ||||||
20 | establishing their eligibility under the service
requirements | ||||||
21 | of this Section; but such service may be used only for
| ||||||
22 | establishing such eligibility, and not for the purpose of | ||||||
23 | increasing or
calculating any benefit.
| ||||||
24 | (e) If a member enters military service while working in a | ||||||
25 | position in
which eligible creditable service may be earned, | ||||||
26 | and returns to State
service in the same or another such |
| |||||||
| |||||||
1 | position, and fulfills in all other
respects the conditions | ||||||
2 | prescribed in this Article for credit for military
service, | ||||||
3 | such military service shall be credited as eligible creditable
| ||||||
4 | service for the purposes of the retirement annuity prescribed | ||||||
5 | in this Section.
| ||||||
6 | (f) For purposes of calculating retirement annuities under | ||||||
7 | this
Section, periods of service rendered after December 31, | ||||||
8 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
9 | position of special agent,
conservation police officer, mental | ||||||
10 | health police officer, or investigator
for the Secretary of | ||||||
11 | State, shall be deemed to have been service as a
noncovered | ||||||
12 | employee, provided that the employee pays to the System prior | ||||||
13 | to
retirement an amount equal to (1) the difference between | ||||||
14 | the employee
contributions that would have been required for | ||||||
15 | such service as a
noncovered employee, and the amount of | ||||||
16 | employee contributions actually
paid, plus (2) if payment is | ||||||
17 | made after July 31, 1987, regular interest
on the amount | ||||||
18 | specified in item (1) from the date of service to the date
of | ||||||
19 | payment.
| ||||||
20 | For purposes of calculating retirement annuities under | ||||||
21 | this Section,
periods of service rendered after December 31, | ||||||
22 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
23 | position of investigator for the
Department of Revenue shall | ||||||
24 | be deemed to have been service as a noncovered
employee, | ||||||
25 | provided that the employee pays to the System prior to | ||||||
26 | retirement
an amount equal to (1) the difference between the |
| |||||||
| |||||||
1 | employee contributions
that would have been required for such | ||||||
2 | service as a noncovered employee,
and the amount of employee | ||||||
3 | contributions actually paid, plus (2) if payment
is made after | ||||||
4 | January 1, 1990, regular interest on the amount specified in
| ||||||
5 | item (1) from the date of service to the date of payment.
| ||||||
6 | (g) A State policeman may elect, not later than January 1, | ||||||
7 | 1990, to
establish eligible creditable service for up to 10 | ||||||
8 | years of his service as
a policeman under Article 3, by filing | ||||||
9 | a written election with the Board,
accompanied by payment of | ||||||
10 | an amount to be determined by the Board, equal to
(i) the | ||||||
11 | difference between the amount of employee and employer
| ||||||
12 | contributions transferred to the System under Section 3-110.5, | ||||||
13 | and the
amounts that would have been contributed had such | ||||||
14 | contributions been made
at the rates applicable to State | ||||||
15 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
16 | for each year, compounded annually, from the date of
service | ||||||
17 | to the date of payment.
| ||||||
18 | Subject to the limitation in subsection (i), a State | ||||||
19 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
20 | eligible creditable service for
up to 10 years of his service | ||||||
21 | as a member of the County Police Department
under Article 9, by | ||||||
22 | filing a written election with the Board, accompanied
by | ||||||
23 | payment of an amount to be determined by the Board, equal to | ||||||
24 | (i) the
difference between the amount of employee and employer | ||||||
25 | contributions
transferred to the System under Section 9-121.10 | ||||||
26 | and the amounts that would
have been contributed had those |
| |||||||
| |||||||
1 | contributions been made at the rates
applicable to State | ||||||
2 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
3 | for each year, compounded annually, from the date of service | ||||||
4 | to the
date of payment.
| ||||||
5 | (h) Subject to the limitation in subsection (i), a State | ||||||
6 | policeman or
investigator for the Secretary of State may elect | ||||||
7 | to establish eligible
creditable service for up to 12 years of | ||||||
8 | his service as a policeman under
Article 5, by filing a written | ||||||
9 | election with the Board on or before January
31, 1992, and | ||||||
10 | paying to the System by January 31, 1994 an amount to be
| ||||||
11 | determined by the Board, equal to (i) the difference between | ||||||
12 | the amount of
employee and employer contributions transferred | ||||||
13 | to the System under Section
5-236, and the amounts that would | ||||||
14 | have been contributed had such
contributions been made at the | ||||||
15 | rates applicable to State policemen, plus
(ii) interest | ||||||
16 | thereon at the effective rate for each year, compounded
| ||||||
17 | annually, from the date of service to the date of payment.
| ||||||
18 | Subject to the limitation in subsection (i), a State | ||||||
19 | policeman,
conservation police officer, or investigator for | ||||||
20 | the Secretary of State may
elect to establish eligible | ||||||
21 | creditable service for up to 10 years of
service as a sheriff's | ||||||
22 | law enforcement employee under Article 7, by filing
a written | ||||||
23 | election with the Board on or before January 31, 1993, and | ||||||
24 | paying
to the System by January 31, 1994 an amount to be | ||||||
25 | determined by the Board,
equal to (i) the difference between | ||||||
26 | the amount of employee and
employer contributions transferred |
| |||||||
| |||||||
1 | to the System under Section
7-139.7, and the amounts that | ||||||
2 | would have been contributed had such
contributions been made | ||||||
3 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
4 | thereon at the effective rate for each year, compounded
| ||||||
5 | annually, from the date of service to the date of payment.
| ||||||
6 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman,
conservation police officer, or investigator for | ||||||
8 | the Secretary of State may
elect to establish eligible | ||||||
9 | creditable service for up to 5 years of
service as a police | ||||||
10 | officer under Article 3, a policeman under Article 5, a | ||||||
11 | sheriff's law enforcement employee under Article 7, a member | ||||||
12 | of the county police department under Article 9, or a police | ||||||
13 | officer under Article 15 by filing
a written election with the | ||||||
14 | Board and paying
to the System an amount to be determined by | ||||||
15 | the Board,
equal to (i) the difference between the amount of | ||||||
16 | employee and
employer contributions transferred to the System | ||||||
17 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
18 | and the amounts that would have been contributed had such
| ||||||
19 | contributions been made at the rates applicable to State | ||||||
20 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
21 | for each year, compounded
annually, from the date of service | ||||||
22 | to the date of payment. | ||||||
23 | Subject to the limitation in subsection (i), an | ||||||
24 | investigator for the Office of the Attorney General, or an | ||||||
25 | investigator for the Department of Revenue, may elect to | ||||||
26 | establish eligible creditable service for up to 5 years of |
| |||||||
| |||||||
1 | service as a police officer under Article 3, a policeman under | ||||||
2 | Article 5, a sheriff's law enforcement employee under Article | ||||||
3 | 7, or a member of the county police department under Article 9 | ||||||
4 | by filing a written election with the Board within 6 months | ||||||
5 | after August 25, 2009 (the effective date of Public Act | ||||||
6 | 96-745) and paying to the System an amount to be determined by | ||||||
7 | the Board, equal to (i) the difference between the amount of | ||||||
8 | employee and employer contributions transferred to the System | ||||||
9 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
10 | amounts that would have been contributed had such | ||||||
11 | contributions been made at the rates applicable to State | ||||||
12 | policemen, plus (ii) interest thereon at the actuarially | ||||||
13 | assumed rate for each year, compounded annually, from the date | ||||||
14 | of service to the date of payment. | ||||||
15 | Subject to the limitation in subsection (i), a State | ||||||
16 | policeman, conservation police officer, investigator for the | ||||||
17 | Office of the Attorney General, an investigator for the | ||||||
18 | Department of Revenue, or investigator for the Secretary of | ||||||
19 | State may elect to establish eligible creditable service for | ||||||
20 | up to 5 years of service as a person employed by a | ||||||
21 | participating municipality to perform police duties, or law | ||||||
22 | enforcement officer employed on a full-time basis by a forest | ||||||
23 | preserve district under Article 7, a county corrections | ||||||
24 | officer, or a court services officer under Article 9, by | ||||||
25 | filing a written election with the Board within 6 months after | ||||||
26 | August 25, 2009 (the effective date of Public Act 96-745) and |
| |||||||
| |||||||
1 | paying to the System an amount to be determined by the Board, | ||||||
2 | equal to (i) the difference between the amount of employee and | ||||||
3 | employer contributions transferred to the System under | ||||||
4 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
5 | been contributed had such contributions been made at the rates | ||||||
6 | applicable to State policemen, plus (ii) interest thereon at | ||||||
7 | the actuarially assumed rate for each year, compounded | ||||||
8 | annually, from the date of service to the date of payment. | ||||||
9 | Subject to the limitation in subsection (i), a State | ||||||
10 | policeman, arson
investigator, or Commerce Commission police | ||||||
11 | officer may elect to establish eligible creditable service for | ||||||
12 | up to 5 years of service as a person employed by a | ||||||
13 | participating municipality to perform police duties under | ||||||
14 | Article 7, a county corrections officer, a court services | ||||||
15 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
16 | filing a written election with the Board within 6 months after | ||||||
17 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
18 | paying to the System an amount to be determined by the Board | ||||||
19 | equal to (i) the difference between the amount of employee and | ||||||
20 | employer contributions transferred to the System under | ||||||
21 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
22 | would have been contributed had such contributions been made | ||||||
23 | at the rates applicable to State policemen, plus (ii) interest | ||||||
24 | thereon at the actuarially assumed rate for each year, | ||||||
25 | compounded annually, from the date of service to the date of | ||||||
26 | payment. |
| |||||||
| |||||||
1 | Subject to the limitation in subsection (i), a | ||||||
2 | conservation police officer may elect to establish eligible | ||||||
3 | creditable service for up to 5 years of service as a person | ||||||
4 | employed by a participating municipality to perform police | ||||||
5 | duties under Article 7, a county corrections officer, or a | ||||||
6 | court services officer under Article 9 by filing a written | ||||||
7 | election with the Board within 6 months after July 30, 2021 | ||||||
8 | (the effective date of Public Act 102-210) and paying to the | ||||||
9 | System an amount to be determined by the Board equal to (i) the | ||||||
10 | difference between the amount of employee and employer | ||||||
11 | contributions transferred to the System under Sections 7-139.8 | ||||||
12 | and 9-121.10 and the amounts that would have been contributed | ||||||
13 | had such contributions been made at the rates applicable to | ||||||
14 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
15 | assumed rate for each year, compounded annually, from the date | ||||||
16 | of service to the date of payment. | ||||||
17 | Notwithstanding the limitation in subsection (i), a State | ||||||
18 | policeman or conservation police officer may elect to convert | ||||||
19 | service credit earned under this Article to eligible | ||||||
20 | creditable service, as defined by this Section, by filing a | ||||||
21 | written election with the board within 6 months after July 30, | ||||||
22 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
23 | the System an amount to be determined by the Board equal to (i) | ||||||
24 | the difference between the amount of employee contributions | ||||||
25 | originally paid for that service and the amounts that would | ||||||
26 | have been contributed had such contributions been made at the |
| |||||||
| |||||||
1 | rates applicable to State policemen, plus (ii) the difference | ||||||
2 | between the employer's normal cost of the credit prior to the | ||||||
3 | conversion authorized by Public Act 102-210 and the employer's | ||||||
4 | normal cost of the credit converted in accordance with Public | ||||||
5 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
6 | assumed rate for each year, compounded annually, from the date | ||||||
7 | of service to the date of payment. | ||||||
8 | (i) The total amount of eligible creditable service | ||||||
9 | established by any
person under subsections (g), (h), (j), | ||||||
10 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
11 | years.
| ||||||
12 | (j) Subject to the limitation in subsection (i), an | ||||||
13 | investigator for
the Office of the State's Attorneys Appellate | ||||||
14 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
15 | establish eligible creditable service for up to 10 years of | ||||||
16 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
17 | enforcement employee under
Article 7, by filing a written | ||||||
18 | election with the Board, accompanied by
payment of an amount | ||||||
19 | to be determined by the Board, equal to (1) the
difference | ||||||
20 | between the amount of employee and employer contributions
| ||||||
21 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
22 | and the amounts
that would have been contributed had such | ||||||
23 | contributions been made at the
rates applicable to State | ||||||
24 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
25 | each year, compounded annually, from the date of service
to | ||||||
26 | the date of payment.
|
| |||||||
| |||||||
1 | (k) Subject to the limitation in subsection (i) of this | ||||||
2 | Section, an
alternative formula employee may elect to | ||||||
3 | establish eligible creditable
service for periods spent as a | ||||||
4 | full-time law enforcement officer or full-time
corrections | ||||||
5 | officer employed by the federal government or by a state or | ||||||
6 | local
government located outside of Illinois, for which credit | ||||||
7 | is not held in any
other public employee pension fund or | ||||||
8 | retirement system. To obtain this
credit, the applicant must | ||||||
9 | file a written application with the Board by March
31, 1998, | ||||||
10 | accompanied by evidence of eligibility acceptable to the Board | ||||||
11 | and
payment of an amount to be determined by the Board, equal | ||||||
12 | to (1) employee
contributions for the credit being | ||||||
13 | established, based upon the applicant's
salary on the first | ||||||
14 | day as an alternative formula employee after the employment
| ||||||
15 | for which credit is being established and the rates then | ||||||
16 | applicable to
alternative formula employees, plus (2) an | ||||||
17 | amount determined by the Board
to be the employer's normal | ||||||
18 | cost of the benefits accrued for the credit being
established, | ||||||
19 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
20 | from
the first day as an alternative formula employee after | ||||||
21 | the employment for which
credit is being established to the | ||||||
22 | date of payment.
| ||||||
23 | (l) Subject to the limitation in subsection (i), a | ||||||
24 | security employee of
the Department of Corrections may elect, | ||||||
25 | not later than July 1, 1998, to
establish eligible creditable | ||||||
26 | service for up to 10 years of his or her service
as a policeman |
| |||||||
| |||||||
1 | under Article 3, by filing a written election with the Board,
| ||||||
2 | accompanied by payment of an amount to be determined by the | ||||||
3 | Board, equal to
(i) the difference between the amount of | ||||||
4 | employee and employer contributions
transferred to the System | ||||||
5 | under Section 3-110.5, and the amounts that would
have been | ||||||
6 | contributed had such contributions been made at the rates | ||||||
7 | applicable
to security employees of the Department of | ||||||
8 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
9 | for each year, compounded annually, from the date
of service | ||||||
10 | to the date of payment.
| ||||||
11 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
12 | Section, a State policeman may elect to establish eligible | ||||||
13 | creditable service for up to 5 years of service as a full-time | ||||||
14 | law enforcement officer employed by the federal government or | ||||||
15 | by a state or local government located outside of Illinois for | ||||||
16 | which credit is not held in any other public employee pension | ||||||
17 | fund or retirement system. To obtain this credit, the | ||||||
18 | applicant must file a written application with the Board no | ||||||
19 | later than 3 years after January 1, 2020 (the effective date of | ||||||
20 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
21 | acceptable to the Board and payment of an amount to be | ||||||
22 | determined by the Board, equal to (1) employee contributions | ||||||
23 | for the credit being established, based upon the applicant's | ||||||
24 | salary on the first day as an alternative formula employee | ||||||
25 | after the employment for which credit is being established and | ||||||
26 | the rates then applicable to alternative formula employees, |
| |||||||
| |||||||
1 | plus (2) an amount determined by the Board to be the employer's | ||||||
2 | normal cost of the benefits accrued for the credit being | ||||||
3 | established, plus (3) regular interest on the amounts in items | ||||||
4 | (1) and (2) from the first day as an alternative formula | ||||||
5 | employee after the employment for which credit is being | ||||||
6 | established to the date of payment. | ||||||
7 | (m) The amendatory changes to this Section made by Public | ||||||
8 | Act 94-696 apply only to: (1) security employees of the | ||||||
9 | Department of Juvenile Justice employed by the Department of | ||||||
10 | Corrections before June 1, 2006 (the effective date of Public | ||||||
11 | Act 94-696) and transferred to the Department of Juvenile | ||||||
12 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
13 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
14 | effective date of Public Act 94-696) who are required by | ||||||
15 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
16 | Corrections to have any bachelor's or advanced degree from an | ||||||
17 | accredited college or university or, in the case of persons | ||||||
18 | who provide vocational training, who are required to have | ||||||
19 | adequate knowledge in the skill for which they are providing | ||||||
20 | the vocational training.
| ||||||
21 | (n) A person employed in a position under subsection (b) | ||||||
22 | of this Section who has purchased service credit under | ||||||
23 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
24 | 14-105 in any other capacity under this Article may convert up | ||||||
25 | to 5 years of that service credit into service credit covered | ||||||
26 | under this Section by paying to the Fund an amount equal to (1) |
| |||||||
| |||||||
1 | the additional employee contribution required under Section | ||||||
2 | 14-133, plus (2) the additional employer contribution required | ||||||
3 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
4 | the actuarially assumed rate from the date of the service to | ||||||
5 | the date of payment. | ||||||
6 | (o) Subject to the limitation in subsection (i), a | ||||||
7 | conservation police officer, investigator for the Secretary of | ||||||
8 | State, Commerce Commission police officer, investigator for | ||||||
9 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
10 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
11 | may elect to convert up to 8 years of service credit | ||||||
12 | established before January 1, 2020 (the effective date of | ||||||
13 | Public Act 101-610) as a conservation police officer, | ||||||
14 | investigator for the Secretary of State, Commerce Commission | ||||||
15 | police officer, investigator for the Department of Revenue or | ||||||
16 | the
Illinois Gaming Board, or arson investigator under this | ||||||
17 | Article into eligible creditable service by filing a written | ||||||
18 | election with the Board no later than one year after January 1, | ||||||
19 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
20 | by payment of an amount to be determined by the Board equal to | ||||||
21 | (i) the difference between the amount of the employee | ||||||
22 | contributions actually paid for that service and the amount of | ||||||
23 | the employee contributions that would have been paid had the | ||||||
24 | employee contributions been made as a noncovered employee | ||||||
25 | serving in a position in which eligible creditable service, as | ||||||
26 | defined in this Section, may be earned, plus (ii) interest |
| |||||||
| |||||||
1 | thereon at the effective rate for each year, compounded | ||||||
2 | annually, from the date of service to the date of payment. | ||||||
3 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
4 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
5 | (Text of Section from P.A. 102-856) | ||||||
6 | Sec. 14-110. Alternative retirement annuity.
| ||||||
7 | (a) Any member who has withdrawn from service with not | ||||||
8 | less than 20
years of eligible creditable service and has | ||||||
9 | attained age 55, and any
member who has withdrawn from service | ||||||
10 | with not less than 25 years of
eligible creditable service and | ||||||
11 | has attained age 50, regardless of whether
the attainment of | ||||||
12 | either of the specified ages occurs while the member is
still | ||||||
13 | in service, shall be entitled to receive at the option of the | ||||||
14 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
15 | a retirement annuity
computed as follows:
| ||||||
16 | (i) for periods of service as a noncovered employee:
| ||||||
17 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
18 | final
average compensation for each year of creditable | ||||||
19 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
20 | 1/4% of final average compensation for each of the
first | ||||||
21 | 10 years of creditable service, 2 1/2% for each year above | ||||||
22 | 10 years to
and including 20 years of creditable service, | ||||||
23 | and 2 3/4% for each year of
creditable service above 20 | ||||||
24 | years; and
| ||||||
25 | (ii) for periods of eligible creditable service as a |
| |||||||
| |||||||
1 | covered employee:
if retirement occurs on or after January | ||||||
2 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
3 | of creditable service; if retirement occurs before
January | ||||||
4 | 1, 2001, 1.67% of final average compensation for each of | ||||||
5 | the first
10 years of such service, 1.90% for each of the | ||||||
6 | next 10 years of such service,
2.10% for each year of such | ||||||
7 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
8 | each year in excess of 30.
| ||||||
9 | Such annuity shall be subject to a maximum of 75% of final | ||||||
10 | average
compensation if retirement occurs before January 1, | ||||||
11 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
12 | retirement occurs on or after January
1, 2001.
| ||||||
13 | These rates shall not be applicable to any service | ||||||
14 | performed
by a member as a covered employee which is not | ||||||
15 | eligible creditable service.
Service as a covered employee | ||||||
16 | which is not eligible creditable service
shall be subject to | ||||||
17 | the rates and provisions of Section 14-108.
| ||||||
18 | (b) For the purpose of this Section, "eligible creditable | ||||||
19 | service" means
creditable service resulting from service in | ||||||
20 | one or more of the following
positions:
| ||||||
21 | (1) State policeman;
| ||||||
22 | (2) fire fighter in the fire protection service of a | ||||||
23 | department;
| ||||||
24 | (3) air pilot;
| ||||||
25 | (4) special agent;
| ||||||
26 | (5) investigator for the Secretary of State;
|
| |||||||
| |||||||
1 | (6) conservation police officer;
| ||||||
2 | (7) investigator for the Department of Revenue or the | ||||||
3 | Illinois Gaming Board;
| ||||||
4 | (8) security employee of the Department of Human | ||||||
5 | Services;
| ||||||
6 | (9) Central Management Services security police | ||||||
7 | officer;
| ||||||
8 | (10) security employee of the Department of | ||||||
9 | Corrections or the Department of Juvenile Justice;
| ||||||
10 | (11) dangerous drugs investigator;
| ||||||
11 | (12) investigator for the Illinois State Police;
| ||||||
12 | (13) investigator for the Office of the Attorney | ||||||
13 | General;
| ||||||
14 | (14) controlled substance inspector;
| ||||||
15 | (15) investigator for the Office of the State's | ||||||
16 | Attorneys Appellate
Prosecutor;
| ||||||
17 | (16) Commerce Commission police officer;
| ||||||
18 | (17) arson investigator;
| ||||||
19 | (18) State highway maintenance worker;
| ||||||
20 | (19) security employee of the Department of Innovation | ||||||
21 | and Technology; or | ||||||
22 | (20) transferred employee. | ||||||
23 | A person employed in one of the positions specified in | ||||||
24 | this subsection is
entitled to eligible creditable service for | ||||||
25 | service credit earned under this
Article while undergoing the | ||||||
26 | basic police training course approved by the
Illinois Law |
| |||||||
| |||||||
1 | Enforcement Training
Standards Board, if
completion of that | ||||||
2 | training is required of persons serving in that position.
For | ||||||
3 | the purposes of this Code, service during the required basic | ||||||
4 | police
training course shall be deemed performance of the | ||||||
5 | duties of the specified
position, even though the person is | ||||||
6 | not a sworn peace officer at the time of
the training.
| ||||||
7 | A person under paragraph (20) is entitled to eligible | ||||||
8 | creditable service for service credit earned under this | ||||||
9 | Article on and after his or her transfer by Executive Order No. | ||||||
10 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
11 | 2016-1. | ||||||
12 | (c) For the purposes of this Section:
| ||||||
13 | (1) The term "State policeman" includes any title or | ||||||
14 | position
in the Illinois State Police that is held by an | ||||||
15 | individual employed
under the Illinois State Police Act.
| ||||||
16 | (2) The term "fire fighter in the fire protection | ||||||
17 | service of a
department" includes all officers in such | ||||||
18 | fire protection service
including fire chiefs and | ||||||
19 | assistant fire chiefs.
| ||||||
20 | (3) The term "air pilot" includes any employee whose | ||||||
21 | official job
description on file in the Department of | ||||||
22 | Central Management Services, or
in the department by which | ||||||
23 | he is employed if that department is not covered
by the | ||||||
24 | Personnel Code, states that his principal duty is the | ||||||
25 | operation of
aircraft, and who possesses a pilot's | ||||||
26 | license; however, the change in this
definition made by |
| |||||||
| |||||||
1 | Public Act 83-842 shall not operate to exclude
any | ||||||
2 | noncovered employee who was an "air pilot" for the | ||||||
3 | purposes of this
Section on January 1, 1984.
| ||||||
4 | (4) The term "special agent" means any person who by | ||||||
5 | reason of
employment by the Division of Narcotic Control, | ||||||
6 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
7 | Division of Criminal Investigation, the
Division of | ||||||
8 | Internal Investigation, the Division of Operations, the | ||||||
9 | Division of Patrol Operations , or any
other Division or | ||||||
10 | organizational
entity in the Illinois State Police is | ||||||
11 | vested by law with duties to
maintain public order, | ||||||
12 | investigate violations of the criminal law of this
State, | ||||||
13 | enforce the laws of this State, make arrests and recover | ||||||
14 | property.
The term "special agent" includes any title or | ||||||
15 | position in the Illinois State Police that is held by an | ||||||
16 | individual employed under the Illinois State
Police Act.
| ||||||
17 | (5) The term "investigator for the Secretary of State" | ||||||
18 | means any person
employed by the Office of the Secretary | ||||||
19 | of State and vested with such
investigative duties as | ||||||
20 | render him ineligible for coverage under the Social
| ||||||
21 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
23 | A person who became employed as an investigator for | ||||||
24 | the Secretary of
State between January 1, 1967 and | ||||||
25 | December 31, 1975, and who has served as
such until | ||||||
26 | attainment of age 60, either continuously or with a single |
| |||||||
| |||||||
1 | break
in service of not more than 3 years duration, which | ||||||
2 | break terminated before
January 1, 1976, shall be entitled | ||||||
3 | to have his retirement annuity
calculated in accordance | ||||||
4 | with subsection (a), notwithstanding
that he has less than | ||||||
5 | 20 years of credit for such service.
| ||||||
6 | (6) The term "Conservation Police Officer" means any | ||||||
7 | person employed
by the Division of Law Enforcement of the | ||||||
8 | Department of Natural Resources and
vested with such law | ||||||
9 | enforcement duties as render him ineligible for coverage
| ||||||
10 | under the Social Security Act by reason of Sections | ||||||
11 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
12 | term "Conservation Police Officer" includes
the positions | ||||||
13 | of Chief Conservation Police Administrator and Assistant
| ||||||
14 | Conservation Police Administrator.
| ||||||
15 | (7) The term "investigator for the Department of | ||||||
16 | Revenue" means any
person employed by the Department of | ||||||
17 | Revenue and vested with such
investigative duties as | ||||||
18 | render him ineligible for coverage under the Social
| ||||||
19 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
20 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
21 | The term "investigator for the Illinois Gaming Board" | ||||||
22 | means any
person employed as such by the Illinois Gaming | ||||||
23 | Board and vested with such
peace officer duties as render | ||||||
24 | the person ineligible for coverage under the Social
| ||||||
25 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
26 | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
| |||||||
| |||||||
1 | (8) The term "security employee of the Department of | ||||||
2 | Human Services"
means any person employed by the | ||||||
3 | Department of Human Services who (i) is
employed at the | ||||||
4 | Chester Mental Health Center and has daily contact with | ||||||
5 | the
residents thereof, (ii) is employed within a security | ||||||
6 | unit at a facility
operated by the Department and has | ||||||
7 | daily contact with the residents of the
security unit, | ||||||
8 | (iii) is employed at a facility operated by the Department
| ||||||
9 | that includes a security unit and is regularly scheduled | ||||||
10 | to work at least
50% of his or her working hours within | ||||||
11 | that security unit, or (iv) is a mental health police | ||||||
12 | officer.
"Mental health police officer" means any person | ||||||
13 | employed by the Department of
Human Services in a position | ||||||
14 | pertaining to the Department's mental health and
| ||||||
15 | developmental disabilities functions who is vested with | ||||||
16 | such law enforcement
duties as render the person | ||||||
17 | ineligible for coverage under the Social Security
Act by | ||||||
18 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
19 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
20 | of a facility that is devoted to
the care, containment, | ||||||
21 | and treatment of persons committed to the Department of
| ||||||
22 | Human Services as sexually violent persons, persons unfit | ||||||
23 | to stand trial, or
persons not guilty by reason of | ||||||
24 | insanity. With respect to past employment,
references to | ||||||
25 | the Department of Human Services include its predecessor, | ||||||
26 | the
Department of Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities.
| ||||||
2 | The changes made to this subdivision (c)(8) by Public | ||||||
3 | Act 92-14 apply to persons who retire on or after January | ||||||
4 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
5 | (9) "Central Management Services security police | ||||||
6 | officer" means any
person employed by the Department of | ||||||
7 | Central Management Services who is
vested with such law | ||||||
8 | enforcement duties as render him ineligible for
coverage | ||||||
9 | under the Social Security Act by reason of Sections | ||||||
10 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
11 | (10) For a member who first became an employee under | ||||||
12 | this Article before July 1, 2005, the term "security | ||||||
13 | employee of the Department of Corrections or the | ||||||
14 | Department of Juvenile Justice"
means any employee of the | ||||||
15 | Department of Corrections or the Department of Juvenile | ||||||
16 | Justice or the former
Department of Personnel, and any | ||||||
17 | member or employee of the Prisoner
Review Board, who has | ||||||
18 | daily contact with inmates or youth by working within a
| ||||||
19 | correctional facility or Juvenile facility operated by the | ||||||
20 | Department of Juvenile Justice or who is a parole officer | ||||||
21 | or an employee who has
direct contact with committed | ||||||
22 | persons in the performance of his or her
job duties. For a | ||||||
23 | member who first becomes an employee under this Article on | ||||||
24 | or after July 1, 2005, the term means an employee of the | ||||||
25 | Department of Corrections or the Department of Juvenile | ||||||
26 | Justice who is any of the following: (i) officially |
| |||||||
| |||||||
1 | headquartered at a correctional facility or Juvenile | ||||||
2 | facility operated by the Department of Juvenile Justice, | ||||||
3 | (ii) a parole officer, (iii) a member of the apprehension | ||||||
4 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
5 | of the sort team, or (vi) an investigator.
| ||||||
6 | (11) The term "dangerous drugs investigator" means any | ||||||
7 | person who is
employed as such by the Department of Human | ||||||
8 | Services.
| ||||||
9 | (12) The term "investigator for the Illinois State | ||||||
10 | Police" means
a person employed by the Illinois State | ||||||
11 | Police who is vested under
Section 4 of the Narcotic | ||||||
12 | Control Division Abolition Act with such
law enforcement | ||||||
13 | powers as render him ineligible for coverage under the
| ||||||
14 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
15 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
16 | (13) "Investigator for the Office of the Attorney | ||||||
17 | General" means any
person who is employed as such by the | ||||||
18 | Office of the Attorney General and
is vested with such | ||||||
19 | investigative duties as render him ineligible for
coverage | ||||||
20 | under the Social Security Act by reason of Sections | ||||||
21 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
22 | the period before January 1,
1989, the term includes all | ||||||
23 | persons who were employed as investigators by the
Office | ||||||
24 | of the Attorney General, without regard to social security | ||||||
25 | status.
| ||||||
26 | (14) "Controlled substance inspector" means any person |
| |||||||
| |||||||
1 | who is employed
as such by the Department of Professional | ||||||
2 | Regulation and is vested with such
law enforcement duties | ||||||
3 | as render him ineligible for coverage under the Social
| ||||||
4 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
5 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
6 | "controlled substance inspector" includes the Program
| ||||||
7 | Executive of Enforcement and the Assistant Program | ||||||
8 | Executive of Enforcement.
| ||||||
9 | (15) The term "investigator for the Office of the | ||||||
10 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
11 | employed in that capacity on a full-time basis under the | ||||||
12 | authority of Section 7.06 of the State's Attorneys
| ||||||
13 | Appellate Prosecutor's Act.
| ||||||
14 | (16) "Commerce Commission police officer" means any | ||||||
15 | person employed
by the Illinois Commerce Commission who is | ||||||
16 | vested with such law
enforcement duties as render him | ||||||
17 | ineligible for coverage under the Social
Security Act by | ||||||
18 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
19 | 218(l)(1) of that Act.
| ||||||
20 | (17) "Arson investigator" means any person who is | ||||||
21 | employed as such by
the Office of the State Fire Marshal | ||||||
22 | and is vested with such law enforcement
duties as render | ||||||
23 | the person ineligible for coverage under the Social | ||||||
24 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
25 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
26 | employed as an arson
investigator on January 1, 1995 and |
| |||||||
| |||||||
1 | is no longer in service but not yet
receiving a retirement | ||||||
2 | annuity may convert his or her creditable service for
| ||||||
3 | employment as an arson investigator into eligible | ||||||
4 | creditable service by paying
to the System the difference | ||||||
5 | between the employee contributions actually paid
for that | ||||||
6 | service and the amounts that would have been contributed | ||||||
7 | if the
applicant were contributing at the rate applicable | ||||||
8 | to persons with the same
social security status earning | ||||||
9 | eligible creditable service on the date of
application.
| ||||||
10 | (18) The term "State highway maintenance worker" means | ||||||
11 | a person who is
either of the following:
| ||||||
12 | (i) A person employed on a full-time basis by the | ||||||
13 | Illinois
Department of Transportation in the position | ||||||
14 | of
highway maintainer,
highway maintenance lead | ||||||
15 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
16 | construction equipment operator,
power shovel | ||||||
17 | operator, or
bridge mechanic; and
whose principal | ||||||
18 | responsibility is to perform, on the roadway, the | ||||||
19 | actual
maintenance necessary to keep the highways that | ||||||
20 | form a part of the State
highway system in serviceable | ||||||
21 | condition for vehicular traffic.
| ||||||
22 | (ii) A person employed on a full-time basis by the | ||||||
23 | Illinois
State Toll Highway Authority in the position | ||||||
24 | of
equipment operator/laborer H-4,
equipment | ||||||
25 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
26 | mechanical/electrical H-4,
mechanical/electrical H-6,
|
| |||||||
| |||||||
1 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
2 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
3 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
4 | painter H-4, or
painter H-6; and
whose principal | ||||||
5 | responsibility is to perform, on the roadway, the | ||||||
6 | actual
maintenance necessary to keep the Authority's | ||||||
7 | tollways in serviceable condition
for vehicular | ||||||
8 | traffic.
| ||||||
9 | (19) The term "security employee of the Department of | ||||||
10 | Innovation and Technology" means a person who was a | ||||||
11 | security employee of the Department of Corrections or the | ||||||
12 | Department of Juvenile Justice, was transferred to the | ||||||
13 | Department of Innovation and Technology pursuant to | ||||||
14 | Executive Order 2016-01, and continues to perform similar | ||||||
15 | job functions under that Department. | ||||||
16 | (20) "Transferred employee" means an employee who was | ||||||
17 | transferred to the Department of Central Management | ||||||
18 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
19 | No. 2004-2 or transferred to the Department of Innovation | ||||||
20 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
21 | was entitled to eligible creditable service for services | ||||||
22 | immediately preceding the transfer. | ||||||
23 | (d) A security employee of the Department of Corrections | ||||||
24 | or the Department of Juvenile Justice, a security
employee of | ||||||
25 | the Department of Human Services who is not a mental health | ||||||
26 | police
officer, and a security employee of the Department of |
| |||||||
| |||||||
1 | Innovation and Technology shall not be eligible for the | ||||||
2 | alternative retirement annuity provided
by this Section unless | ||||||
3 | he or she meets the following minimum age and service
| ||||||
4 | requirements at the time of retirement:
| ||||||
5 | (i) 25 years of eligible creditable service and age | ||||||
6 | 55; or
| ||||||
7 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
8 | creditable service
and age 54, or 24 years of eligible | ||||||
9 | creditable service and age 55; or
| ||||||
10 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
11 | creditable service
and age 53, or 23 years of eligible | ||||||
12 | creditable service and age 55; or
| ||||||
13 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
14 | creditable service
and age 52, or 22 years of eligible | ||||||
15 | creditable service and age 55; or
| ||||||
16 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
17 | creditable service
and age 51, or 21 years of eligible | ||||||
18 | creditable service and age 55; or
| ||||||
19 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
20 | creditable service
and age 50, or 20 years of eligible | ||||||
21 | creditable service and age 55.
| ||||||
22 | Persons who have service credit under Article 16 of this | ||||||
23 | Code for service
as a security employee of the Department of | ||||||
24 | Corrections or the Department of Juvenile Justice, or the | ||||||
25 | Department
of Human Services in a position requiring | ||||||
26 | certification as a teacher may
count such service toward |
| |||||||
| |||||||
1 | establishing their eligibility under the service
requirements | ||||||
2 | of this Section; but such service may be used only for
| ||||||
3 | establishing such eligibility, and not for the purpose of | ||||||
4 | increasing or
calculating any benefit.
| ||||||
5 | (e) If a member enters military service while working in a | ||||||
6 | position in
which eligible creditable service may be earned, | ||||||
7 | and returns to State
service in the same or another such | ||||||
8 | position, and fulfills in all other
respects the conditions | ||||||
9 | prescribed in this Article for credit for military
service, | ||||||
10 | such military service shall be credited as eligible creditable
| ||||||
11 | service for the purposes of the retirement annuity prescribed | ||||||
12 | in this Section.
| ||||||
13 | (f) For purposes of calculating retirement annuities under | ||||||
14 | this
Section, periods of service rendered after December 31, | ||||||
15 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
16 | position of special agent,
conservation police officer, mental | ||||||
17 | health police officer, or investigator
for the Secretary of | ||||||
18 | State, shall be deemed to have been service as a
noncovered | ||||||
19 | employee, provided that the employee pays to the System prior | ||||||
20 | to
retirement an amount equal to (1) the difference between | ||||||
21 | the employee
contributions that would have been required for | ||||||
22 | such service as a
noncovered employee, and the amount of | ||||||
23 | employee contributions actually
paid, plus (2) if payment is | ||||||
24 | made after July 31, 1987, regular interest
on the amount | ||||||
25 | specified in item (1) from the date of service to the date
of | ||||||
26 | payment.
|
| |||||||
| |||||||
1 | For purposes of calculating retirement annuities under | ||||||
2 | this Section,
periods of service rendered after December 31, | ||||||
3 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
4 | position of investigator for the
Department of Revenue shall | ||||||
5 | be deemed to have been service as a noncovered
employee, | ||||||
6 | provided that the employee pays to the System prior to | ||||||
7 | retirement
an amount equal to (1) the difference between the | ||||||
8 | employee contributions
that would have been required for such | ||||||
9 | service as a noncovered employee,
and the amount of employee | ||||||
10 | contributions actually paid, plus (2) if payment
is made after | ||||||
11 | January 1, 1990, regular interest on the amount specified in
| ||||||
12 | item (1) from the date of service to the date of payment.
| ||||||
13 | (g) A State policeman may elect, not later than January 1, | ||||||
14 | 1990, to
establish eligible creditable service for up to 10 | ||||||
15 | years of his service as
a policeman under Article 3, by filing | ||||||
16 | a written election with the Board,
accompanied by payment of | ||||||
17 | an amount to be determined by the Board, equal to
(i) the | ||||||
18 | difference between the amount of employee and employer
| ||||||
19 | contributions transferred to the System under Section 3-110.5, | ||||||
20 | and the
amounts that would have been contributed had such | ||||||
21 | contributions been made
at the rates applicable to State | ||||||
22 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
23 | for each year, compounded annually, from the date of
service | ||||||
24 | to the date of payment.
| ||||||
25 | Subject to the limitation in subsection (i), a State | ||||||
26 | policeman may elect,
not later than July 1, 1993, to establish |
| |||||||
| |||||||
1 | eligible creditable service for
up to 10 years of his service | ||||||
2 | as a member of the County Police Department
under Article 9, by | ||||||
3 | filing a written election with the Board, accompanied
by | ||||||
4 | payment of an amount to be determined by the Board, equal to | ||||||
5 | (i) the
difference between the amount of employee and employer | ||||||
6 | contributions
transferred to the System under Section 9-121.10 | ||||||
7 | and the amounts that would
have been contributed had those | ||||||
8 | contributions been made at the rates
applicable to State | ||||||
9 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
10 | for each year, compounded annually, from the date of service | ||||||
11 | to the
date of payment.
| ||||||
12 | (h) Subject to the limitation in subsection (i), a State | ||||||
13 | policeman or
investigator for the Secretary of State may elect | ||||||
14 | to establish eligible
creditable service for up to 12 years of | ||||||
15 | his service as a policeman under
Article 5, by filing a written | ||||||
16 | election with the Board on or before January
31, 1992, and | ||||||
17 | paying to the System by January 31, 1994 an amount to be
| ||||||
18 | determined by the Board, equal to (i) the difference between | ||||||
19 | the amount of
employee and employer contributions transferred | ||||||
20 | to the System under Section
5-236, and the amounts that would | ||||||
21 | have been contributed had such
contributions been made at the | ||||||
22 | rates applicable to State policemen, plus
(ii) interest | ||||||
23 | thereon at the effective rate for each year, compounded
| ||||||
24 | annually, from the date of service to the date of payment.
| ||||||
25 | Subject to the limitation in subsection (i), a State | ||||||
26 | policeman,
conservation police officer, or investigator for |
| |||||||
| |||||||
1 | the Secretary of State may
elect to establish eligible | ||||||
2 | creditable service for up to 10 years of
service as a sheriff's | ||||||
3 | law enforcement employee under Article 7, by filing
a written | ||||||
4 | election with the Board on or before January 31, 1993, and | ||||||
5 | paying
to the System by January 31, 1994 an amount to be | ||||||
6 | determined by the Board,
equal to (i) the difference between | ||||||
7 | the amount of employee and
employer contributions transferred | ||||||
8 | to the System under Section
7-139.7, and the amounts that | ||||||
9 | would have been contributed had such
contributions been made | ||||||
10 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
11 | thereon at the effective rate for each year, compounded
| ||||||
12 | annually, from the date of service to the date of payment.
| ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman,
conservation police officer, or investigator for | ||||||
15 | the Secretary of State may
elect to establish eligible | ||||||
16 | creditable service for up to 5 years of
service as a police | ||||||
17 | officer under Article 3, a policeman under Article 5, a | ||||||
18 | sheriff's law enforcement employee under Article 7, a member | ||||||
19 | of the county police department under Article 9, or a police | ||||||
20 | officer under Article 15 by filing
a written election with the | ||||||
21 | Board and paying
to the System an amount to be determined by | ||||||
22 | the Board,
equal to (i) the difference between the amount of | ||||||
23 | employee and
employer contributions transferred to the System | ||||||
24 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
25 | and the amounts that would have been contributed had such
| ||||||
26 | contributions been made at the rates applicable to State |
| |||||||
| |||||||
1 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
2 | for each year, compounded
annually, from the date of service | ||||||
3 | to the date of payment. | ||||||
4 | Subject to the limitation in subsection (i), an | ||||||
5 | investigator for the Office of the Attorney General, or an | ||||||
6 | investigator for the Department of Revenue, may elect to | ||||||
7 | establish eligible creditable service for up to 5 years of | ||||||
8 | service as a police officer under Article 3, a policeman under | ||||||
9 | Article 5, a sheriff's law enforcement employee under Article | ||||||
10 | 7, or a member of the county police department under Article 9 | ||||||
11 | by filing a written election with the Board within 6 months | ||||||
12 | after August 25, 2009 (the effective date of Public Act | ||||||
13 | 96-745) and paying to the System an amount to be determined by | ||||||
14 | the Board, equal to (i) the difference between the amount of | ||||||
15 | employee and employer contributions transferred to the System | ||||||
16 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
17 | amounts that would have been contributed had such | ||||||
18 | contributions been made at the rates applicable to State | ||||||
19 | policemen, plus (ii) interest thereon at the actuarially | ||||||
20 | assumed rate for each year, compounded annually, from the date | ||||||
21 | of service to the date of payment. | ||||||
22 | Subject to the limitation in subsection (i), a State | ||||||
23 | policeman, conservation police officer, investigator for the | ||||||
24 | Office of the Attorney General, an investigator for the | ||||||
25 | Department of Revenue, or investigator for the Secretary of | ||||||
26 | State may elect to establish eligible creditable service for |
| |||||||
| |||||||
1 | up to 5 years of service as a person employed by a | ||||||
2 | participating municipality to perform police duties, or law | ||||||
3 | enforcement officer employed on a full-time basis by a forest | ||||||
4 | preserve district under Article 7, a county corrections | ||||||
5 | officer, or a court services officer under Article 9, by | ||||||
6 | filing a written election with the Board within 6 months after | ||||||
7 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
8 | paying to the System an amount to be determined by the Board, | ||||||
9 | equal to (i) the difference between the amount of employee and | ||||||
10 | employer contributions transferred to the System under | ||||||
11 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
12 | been contributed had such contributions been made at the rates | ||||||
13 | applicable to State policemen, plus (ii) interest thereon at | ||||||
14 | the actuarially assumed rate for each year, compounded | ||||||
15 | annually, from the date of service to the date of payment. | ||||||
16 | Subject to the limitation in subsection (i), a State | ||||||
17 | policeman, arson
investigator, or Commerce Commission police | ||||||
18 | officer may elect to establish eligible creditable service for | ||||||
19 | up to 5 years of service as a person employed by a | ||||||
20 | participating municipality to perform police duties under | ||||||
21 | Article 7, a county corrections officer, a court services | ||||||
22 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
23 | filing a written election with the Board within 6 months after | ||||||
24 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
25 | paying to the System an amount to be determined by the Board | ||||||
26 | equal to (i) the difference between the amount of employee and |
| |||||||
| |||||||
1 | employer contributions transferred to the System under | ||||||
2 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
3 | would have been contributed had such contributions been made | ||||||
4 | at the rates applicable to State policemen, plus (ii) interest | ||||||
5 | thereon at the actuarially assumed rate for each year, | ||||||
6 | compounded annually, from the date of service to the date of | ||||||
7 | payment. | ||||||
8 | Subject to the limitation in subsection (i), a | ||||||
9 | conservation police officer may elect to establish eligible | ||||||
10 | creditable service for up to 5 years of service as a person | ||||||
11 | employed by a participating municipality to perform police | ||||||
12 | duties under Article 7, a county corrections officer, or a | ||||||
13 | court services officer under Article 9 by filing a written | ||||||
14 | election with the Board within 6 months after July 30, 2021 | ||||||
15 | (the effective date of Public Act 102-210) and paying to the | ||||||
16 | System an amount to be determined by the Board equal to (i) the | ||||||
17 | difference between the amount of employee and employer | ||||||
18 | contributions transferred to the System under Sections 7-139.8 | ||||||
19 | and 9-121.10 and the amounts that would have been contributed | ||||||
20 | had such contributions been made at the rates applicable to | ||||||
21 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
22 | assumed rate for each year, compounded annually, from the date | ||||||
23 | of service to the date of payment. | ||||||
24 | Subject to the limitation in subsection (i), an | ||||||
25 | investigator for the Department of Revenue, investigator for | ||||||
26 | the Illinois Gaming Board, investigator for the Secretary of |
| |||||||
| |||||||
1 | State, or arson investigator may elect to establish eligible | ||||||
2 | creditable service for up to 5 years of service as a person | ||||||
3 | employed by a participating municipality to perform police | ||||||
4 | duties under Article 7, a county corrections officer, a court | ||||||
5 | services officer under Article 9, or a firefighter under | ||||||
6 | Article 4 by filing a written election with the Board within 6 | ||||||
7 | months after the effective date of this amendatory Act of the | ||||||
8 | 102nd General Assembly and paying to the System an amount to be | ||||||
9 | determined by the Board equal to (i) the difference between | ||||||
10 | the amount of employee and employer contributions transferred | ||||||
11 | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | ||||||
12 | and the amounts that would have been contributed had such | ||||||
13 | contributions been made at the rates applicable to State | ||||||
14 | policemen, plus (ii) interest thereon at the actuarially | ||||||
15 | assumed rate for each year, compounded annually, from the date | ||||||
16 | of service to the date of payment. | ||||||
17 | Notwithstanding the limitation in subsection (i), a State | ||||||
18 | policeman or conservation police officer may elect to convert | ||||||
19 | service credit earned under this Article to eligible | ||||||
20 | creditable service, as defined by this Section, by filing a | ||||||
21 | written election with the board within 6 months after July 30, | ||||||
22 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
23 | the System an amount to be determined by the Board equal to (i) | ||||||
24 | the difference between the amount of employee contributions | ||||||
25 | originally paid for that service and the amounts that would | ||||||
26 | have been contributed had such contributions been made at the |
| |||||||
| |||||||
1 | rates applicable to State policemen, plus (ii) the difference | ||||||
2 | between the employer's normal cost of the credit prior to the | ||||||
3 | conversion authorized by Public Act 102-210 and the employer's | ||||||
4 | normal cost of the credit converted in accordance with Public | ||||||
5 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
6 | assumed rate for each year, compounded annually, from the date | ||||||
7 | of service to the date of payment. | ||||||
8 | Notwithstanding the limitation in subsection (i), an | ||||||
9 | investigator for the Department of Revenue, investigator for | ||||||
10 | the Illinois Gaming Board, investigator for the Secretary of | ||||||
11 | State, or arson investigator may elect to convert service | ||||||
12 | credit earned under this Article to eligible creditable | ||||||
13 | service, as defined by this Section, by filing a written | ||||||
14 | election with the Board within 6 months after the effective | ||||||
15 | date of this amendatory Act of the 102nd General Assembly and | ||||||
16 | paying to the System an amount to be determined by the Board | ||||||
17 | equal to (i) the difference between the amount of employee | ||||||
18 | contributions originally paid for that service and the amounts | ||||||
19 | that would have been contributed had such contributions been | ||||||
20 | made at the rates applicable to investigators for the | ||||||
21 | Department of Revenue, investigators for the Illinois Gaming | ||||||
22 | Board, investigators for the Secretary of State, or arson | ||||||
23 | investigators, plus (ii) the difference between the employer's | ||||||
24 | normal cost of the credit prior to the conversion authorized | ||||||
25 | by this amendatory Act of the 102nd General Assembly and the | ||||||
26 | employer's normal cost of the credit converted in accordance |
| |||||||
| |||||||
1 | with this amendatory Act of the 102nd General Assembly, plus | ||||||
2 | (iii) interest thereon at the actuarially assumed rate for | ||||||
3 | each year, compounded annually, from the date of service to | ||||||
4 | the date of payment. | ||||||
5 | (i) The total amount of eligible creditable service | ||||||
6 | established by any
person under subsections (g), (h), (j), | ||||||
7 | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | ||||||
8 | years.
| ||||||
9 | (j) Subject to the limitation in subsection (i), an | ||||||
10 | investigator for
the Office of the State's Attorneys Appellate | ||||||
11 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
12 | establish eligible creditable service for up to 10 years of | ||||||
13 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
14 | enforcement employee under
Article 7, by filing a written | ||||||
15 | election with the Board, accompanied by
payment of an amount | ||||||
16 | to be determined by the Board, equal to (1) the
difference | ||||||
17 | between the amount of employee and employer contributions
| ||||||
18 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
19 | and the amounts
that would have been contributed had such | ||||||
20 | contributions been made at the
rates applicable to State | ||||||
21 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
22 | each year, compounded annually, from the date of service
to | ||||||
23 | the date of payment.
| ||||||
24 | (k) Subject to the limitation in subsection (i) of this | ||||||
25 | Section, an
alternative formula employee may elect to | ||||||
26 | establish eligible creditable
service for periods spent as a |
| |||||||
| |||||||
1 | full-time law enforcement officer or full-time
corrections | ||||||
2 | officer employed by the federal government or by a state or | ||||||
3 | local
government located outside of Illinois, for which credit | ||||||
4 | is not held in any
other public employee pension fund or | ||||||
5 | retirement system. To obtain this
credit, the applicant must | ||||||
6 | file a written application with the Board by March
31, 1998, | ||||||
7 | accompanied by evidence of eligibility acceptable to the Board | ||||||
8 | and
payment of an amount to be determined by the Board, equal | ||||||
9 | to (1) employee
contributions for the credit being | ||||||
10 | established, based upon the applicant's
salary on the first | ||||||
11 | day as an alternative formula employee after the employment
| ||||||
12 | for which credit is being established and the rates then | ||||||
13 | applicable to
alternative formula employees, plus (2) an | ||||||
14 | amount determined by the Board
to be the employer's normal | ||||||
15 | cost of the benefits accrued for the credit being
established, | ||||||
16 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
17 | from
the first day as an alternative formula employee after | ||||||
18 | the employment for which
credit is being established to the | ||||||
19 | date of payment.
| ||||||
20 | (l) Subject to the limitation in subsection (i), a | ||||||
21 | security employee of
the Department of Corrections may elect, | ||||||
22 | not later than July 1, 1998, to
establish eligible creditable | ||||||
23 | service for up to 10 years of his or her service
as a policeman | ||||||
24 | under Article 3, by filing a written election with the Board,
| ||||||
25 | accompanied by payment of an amount to be determined by the | ||||||
26 | Board, equal to
(i) the difference between the amount of |
| |||||||
| |||||||
1 | employee and employer contributions
transferred to the System | ||||||
2 | under Section 3-110.5, and the amounts that would
have been | ||||||
3 | contributed had such contributions been made at the rates | ||||||
4 | applicable
to security employees of the Department of | ||||||
5 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
6 | for each year, compounded annually, from the date
of service | ||||||
7 | to the date of payment.
| ||||||
8 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
9 | Section, a State policeman may elect to establish eligible | ||||||
10 | creditable service for up to 5 years of service as a full-time | ||||||
11 | law enforcement officer employed by the federal government or | ||||||
12 | by a state or local government located outside of Illinois for | ||||||
13 | which credit is not held in any other public employee pension | ||||||
14 | fund or retirement system. To obtain this credit, the | ||||||
15 | applicant must file a written application with the Board no | ||||||
16 | later than 3 years after January 1, 2020 (the effective date of | ||||||
17 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
18 | acceptable to the Board and payment of an amount to be | ||||||
19 | determined by the Board, equal to (1) employee contributions | ||||||
20 | for the credit being established, based upon the applicant's | ||||||
21 | salary on the first day as an alternative formula employee | ||||||
22 | after the employment for which credit is being established and | ||||||
23 | the rates then applicable to alternative formula employees, | ||||||
24 | plus (2) an amount determined by the Board to be the employer's | ||||||
25 | normal cost of the benefits accrued for the credit being | ||||||
26 | established, plus (3) regular interest on the amounts in items |
| |||||||
| |||||||
1 | (1) and (2) from the first day as an alternative formula | ||||||
2 | employee after the employment for which credit is being | ||||||
3 | established to the date of payment. | ||||||
4 | (m) The amendatory changes to this Section made by Public | ||||||
5 | Act 94-696 apply only to: (1) security employees of the | ||||||
6 | Department of Juvenile Justice employed by the Department of | ||||||
7 | Corrections before June 1, 2006 (the effective date of Public | ||||||
8 | Act 94-696) and transferred to the Department of Juvenile | ||||||
9 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
10 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
11 | effective date of Public Act 94-696) who are required by | ||||||
12 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
13 | Corrections to have any bachelor's or advanced degree from an | ||||||
14 | accredited college or university or, in the case of persons | ||||||
15 | who provide vocational training, who are required to have | ||||||
16 | adequate knowledge in the skill for which they are providing | ||||||
17 | the vocational training.
| ||||||
18 | (n) A person employed in a position under subsection (b) | ||||||
19 | of this Section who has purchased service credit under | ||||||
20 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
21 | 14-105 in any other capacity under this Article may convert up | ||||||
22 | to 5 years of that service credit into service credit covered | ||||||
23 | under this Section by paying to the Fund an amount equal to (1) | ||||||
24 | the additional employee contribution required under Section | ||||||
25 | 14-133, plus (2) the additional employer contribution required | ||||||
26 | under Section 14-131, plus (3) interest on items (1) and (2) at |
| |||||||
| |||||||
1 | the actuarially assumed rate from the date of the service to | ||||||
2 | the date of payment. | ||||||
3 | (o) Subject to the limitation in subsection (i), a | ||||||
4 | conservation police officer, investigator for the Secretary of | ||||||
5 | State, Commerce Commission police officer, investigator for | ||||||
6 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
7 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
8 | may elect to convert up to 8 years of service credit | ||||||
9 | established before January 1, 2020 (the effective date of | ||||||
10 | Public Act 101-610) as a conservation police officer, | ||||||
11 | investigator for the Secretary of State, Commerce Commission | ||||||
12 | police officer, investigator for the Department of Revenue or | ||||||
13 | the
Illinois Gaming Board, or arson investigator under this | ||||||
14 | Article into eligible creditable service by filing a written | ||||||
15 | election with the Board no later than one year after January 1, | ||||||
16 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
17 | by payment of an amount to be determined by the Board equal to | ||||||
18 | (i) the difference between the amount of the employee | ||||||
19 | contributions actually paid for that service and the amount of | ||||||
20 | the employee contributions that would have been paid had the | ||||||
21 | employee contributions been made as a noncovered employee | ||||||
22 | serving in a position in which eligible creditable service, as | ||||||
23 | defined in this Section, may be earned, plus (ii) interest | ||||||
24 | thereon at the effective rate for each year, compounded | ||||||
25 | annually, from the date of service to the date of payment. | ||||||
26 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
| |||||||
| |||||||
1 | 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
| ||||||
2 | (Text of Section from P.A. 102-956) | ||||||
3 | Sec. 14-110. Alternative retirement annuity.
| ||||||
4 | (a) Any member who has withdrawn from service with not | ||||||
5 | less than 20
years of eligible creditable service and has | ||||||
6 | attained age 55, and any
member who has withdrawn from service | ||||||
7 | with not less than 25 years of
eligible creditable service and | ||||||
8 | has attained age 50, regardless of whether
the attainment of | ||||||
9 | either of the specified ages occurs while the member is
still | ||||||
10 | in service, shall be entitled to receive at the option of the | ||||||
11 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
12 | a retirement annuity
computed as follows:
| ||||||
13 | (i) for periods of service as a noncovered employee:
| ||||||
14 | if retirement occurs on or after January 1, 2001, 3% of | ||||||
15 | final
average compensation for each year of creditable | ||||||
16 | service; if retirement occurs
before January 1, 2001, 2 | ||||||
17 | 1/4% of final average compensation for each of the
first | ||||||
18 | 10 years of creditable service, 2 1/2% for each year above | ||||||
19 | 10 years to
and including 20 years of creditable service, | ||||||
20 | and 2 3/4% for each year of
creditable service above 20 | ||||||
21 | years; and
| ||||||
22 | (ii) for periods of eligible creditable service as a | ||||||
23 | covered employee:
if retirement occurs on or after January | ||||||
24 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
25 | of creditable service; if retirement occurs before
January |
| |||||||
| |||||||
1 | 1, 2001, 1.67% of final average compensation for each of | ||||||
2 | the first
10 years of such service, 1.90% for each of the | ||||||
3 | next 10 years of such service,
2.10% for each year of such | ||||||
4 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
5 | each year in excess of 30.
| ||||||
6 | Such annuity shall be subject to a maximum of 75% of final | ||||||
7 | average
compensation if retirement occurs before January 1, | ||||||
8 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
9 | retirement occurs on or after January
1, 2001.
| ||||||
10 | These rates shall not be applicable to any service | ||||||
11 | performed
by a member as a covered employee which is not | ||||||
12 | eligible creditable service.
Service as a covered employee | ||||||
13 | which is not eligible creditable service
shall be subject to | ||||||
14 | the rates and provisions of Section 14-108.
| ||||||
15 | (b) For the purpose of this Section, "eligible creditable | ||||||
16 | service" means
creditable service resulting from service in | ||||||
17 | one or more of the following
positions:
| ||||||
18 | (1) State policeman;
| ||||||
19 | (2) fire fighter in the fire protection service of a | ||||||
20 | department;
| ||||||
21 | (3) air pilot;
| ||||||
22 | (4) special agent;
| ||||||
23 | (5) investigator for the Secretary of State;
| ||||||
24 | (6) conservation police officer;
| ||||||
25 | (7) investigator for the Department of Revenue or the | ||||||
26 | Illinois Gaming Board;
|
| |||||||
| |||||||
1 | (8) security employee of the Department of Human | ||||||
2 | Services;
| ||||||
3 | (9) Central Management Services security police | ||||||
4 | officer;
| ||||||
5 | (10) security employee of the Department of | ||||||
6 | Corrections or the Department of Juvenile Justice;
| ||||||
7 | (11) dangerous drugs investigator;
| ||||||
8 | (12) investigator for the Illinois State Police;
| ||||||
9 | (13) investigator for the Office of the Attorney | ||||||
10 | General;
| ||||||
11 | (14) controlled substance inspector;
| ||||||
12 | (15) investigator for the Office of the State's | ||||||
13 | Attorneys Appellate
Prosecutor;
| ||||||
14 | (16) Commerce Commission police officer;
| ||||||
15 | (17) arson investigator;
| ||||||
16 | (18) State highway maintenance worker;
| ||||||
17 | (19) security employee of the Department of Innovation | ||||||
18 | and Technology; or | ||||||
19 | (20) transferred employee. | ||||||
20 | A person employed in one of the positions specified in | ||||||
21 | this subsection is
entitled to eligible creditable service for | ||||||
22 | service credit earned under this
Article while undergoing the | ||||||
23 | basic police training course approved by the
Illinois Law | ||||||
24 | Enforcement Training
Standards Board, if
completion of that | ||||||
25 | training is required of persons serving in that position.
For | ||||||
26 | the purposes of this Code, service during the required basic |
| |||||||
| |||||||
1 | police
training course shall be deemed performance of the | ||||||
2 | duties of the specified
position, even though the person is | ||||||
3 | not a sworn peace officer at the time of
the training.
| ||||||
4 | A person under paragraph (20) is entitled to eligible | ||||||
5 | creditable service for service credit earned under this | ||||||
6 | Article on and after his or her transfer by Executive Order No. | ||||||
7 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
8 | 2016-1. | ||||||
9 | (c) For the purposes of this Section:
| ||||||
10 | (1) The term "State policeman" includes any title or | ||||||
11 | position
in the Illinois State Police that is held by an | ||||||
12 | individual employed
under the Illinois State Police Act.
| ||||||
13 | (2) The term "fire fighter in the fire protection | ||||||
14 | service of a
department" includes all officers in such | ||||||
15 | fire protection service
including fire chiefs and | ||||||
16 | assistant fire chiefs.
| ||||||
17 | (3) The term "air pilot" includes any employee whose | ||||||
18 | official job
description on file in the Department of | ||||||
19 | Central Management Services, or
in the department by which | ||||||
20 | he is employed if that department is not covered
by the | ||||||
21 | Personnel Code, states that his principal duty is the | ||||||
22 | operation of
aircraft, and who possesses a pilot's | ||||||
23 | license; however, the change in this
definition made by | ||||||
24 | Public Act 83-842 shall not operate to exclude
any | ||||||
25 | noncovered employee who was an "air pilot" for the | ||||||
26 | purposes of this
Section on January 1, 1984.
|
| |||||||
| |||||||
1 | (4) The term "special agent" means any person who by | ||||||
2 | reason of
employment by the Division of Narcotic Control, | ||||||
3 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
4 | Division of Criminal Investigation, the
Division of | ||||||
5 | Internal Investigation, the Division of Operations, the | ||||||
6 | Division of Patrol Operations , or any
other Division or | ||||||
7 | organizational
entity in the Illinois State Police is | ||||||
8 | vested by law with duties to
maintain public order, | ||||||
9 | investigate violations of the criminal law of this
State, | ||||||
10 | enforce the laws of this State, make arrests and recover | ||||||
11 | property.
The term "special agent" includes any title or | ||||||
12 | position in the Illinois State Police that is held by an | ||||||
13 | individual employed under the Illinois State
Police Act.
| ||||||
14 | (5) The term "investigator for the Secretary of State" | ||||||
15 | means any person
employed by the Office of the Secretary | ||||||
16 | of State and vested with such
investigative duties as | ||||||
17 | render him ineligible for coverage under the Social
| ||||||
18 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
19 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
20 | A person who became employed as an investigator for | ||||||
21 | the Secretary of
State between January 1, 1967 and | ||||||
22 | December 31, 1975, and who has served as
such until | ||||||
23 | attainment of age 60, either continuously or with a single | ||||||
24 | break
in service of not more than 3 years duration, which | ||||||
25 | break terminated before
January 1, 1976, shall be entitled | ||||||
26 | to have his retirement annuity
calculated in accordance |
| |||||||
| |||||||
1 | with subsection (a), notwithstanding
that he has less than | ||||||
2 | 20 years of credit for such service.
| ||||||
3 | (6) The term "Conservation Police Officer" means any | ||||||
4 | person employed
by the Division of Law Enforcement of the | ||||||
5 | Department of Natural Resources and
vested with such law | ||||||
6 | enforcement duties as render him ineligible for coverage
| ||||||
7 | under the Social Security Act by reason of Sections | ||||||
8 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
9 | term "Conservation Police Officer" includes
the positions | ||||||
10 | of Chief Conservation Police Administrator and Assistant
| ||||||
11 | Conservation Police Administrator.
| ||||||
12 | (7) The term "investigator for the Department of | ||||||
13 | Revenue" means any
person employed by the Department of | ||||||
14 | Revenue and vested with such
investigative duties as | ||||||
15 | render him ineligible for coverage under the Social
| ||||||
16 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
17 | 218(d)(8)(D) and 218(l)(1)
of that Act.
| ||||||
18 | The term "investigator for the Illinois Gaming Board" | ||||||
19 | means any
person employed as such by the Illinois Gaming | ||||||
20 | Board and vested with such
peace officer duties as render | ||||||
21 | the person ineligible for coverage under the Social
| ||||||
22 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
23 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
24 | (8) The term "security employee of the Department of | ||||||
25 | Human Services"
means any person employed by the | ||||||
26 | Department of Human Services who (i) is
employed at the |
| |||||||
| |||||||
1 | Chester Mental Health Center and has daily contact with | ||||||
2 | the
residents thereof, (ii) is employed within a security | ||||||
3 | unit at a facility
operated by the Department and has | ||||||
4 | daily contact with the residents of the
security unit, | ||||||
5 | (iii) is employed at a facility operated by the Department
| ||||||
6 | that includes a security unit and is regularly scheduled | ||||||
7 | to work at least
50% of his or her working hours within | ||||||
8 | that security unit, or (iv) is a mental health police | ||||||
9 | officer.
"Mental health police officer" means any person | ||||||
10 | employed by the Department of
Human Services in a position | ||||||
11 | pertaining to the Department's mental health and
| ||||||
12 | developmental disabilities functions who is vested with | ||||||
13 | such law enforcement
duties as render the person | ||||||
14 | ineligible for coverage under the Social Security
Act by | ||||||
15 | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
16 | 218(l)(1) of that
Act. "Security unit" means that portion | ||||||
17 | of a facility that is devoted to
the care, containment, | ||||||
18 | and treatment of persons committed to the Department of
| ||||||
19 | Human Services as sexually violent persons, persons unfit | ||||||
20 | to stand trial, or
persons not guilty by reason of | ||||||
21 | insanity. With respect to past employment,
references to | ||||||
22 | the Department of Human Services include its predecessor, | ||||||
23 | the
Department of Mental Health and Developmental | ||||||
24 | Disabilities.
| ||||||
25 | The changes made to this subdivision (c)(8) by Public | ||||||
26 | Act 92-14 apply to persons who retire on or after January |
| |||||||
| |||||||
1 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
2 | (9) "Central Management Services security police | ||||||
3 | officer" means any
person employed by the Department of | ||||||
4 | Central Management Services who is
vested with such law | ||||||
5 | enforcement duties as render him ineligible for
coverage | ||||||
6 | under the Social Security Act by reason of Sections | ||||||
7 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
8 | (10) For a member who first became an employee under | ||||||
9 | this Article before July 1, 2005, the term "security | ||||||
10 | employee of the Department of Corrections or the | ||||||
11 | Department of Juvenile Justice"
means any employee of the | ||||||
12 | Department of Corrections or the Department of Juvenile | ||||||
13 | Justice or the former
Department of Personnel, and any | ||||||
14 | member or employee of the Prisoner
Review Board, who has | ||||||
15 | daily contact with inmates or youth by working within a
| ||||||
16 | correctional facility or Juvenile facility operated by the | ||||||
17 | Department of Juvenile Justice or who is a parole officer | ||||||
18 | or an employee who has
direct contact with committed | ||||||
19 | persons in the performance of his or her
job duties. For a | ||||||
20 | member who first becomes an employee under this Article on | ||||||
21 | or after July 1, 2005, the term means an employee of the | ||||||
22 | Department of Corrections or the Department of Juvenile | ||||||
23 | Justice who is any of the following: (i) officially | ||||||
24 | headquartered at a correctional facility or Juvenile | ||||||
25 | facility operated by the Department of Juvenile Justice, | ||||||
26 | (ii) a parole officer, (iii) a member of the apprehension |
| |||||||
| |||||||
1 | unit, (iv) a member of the intelligence unit, (v) a member | ||||||
2 | of the sort team, or (vi) an investigator.
| ||||||
3 | (11) The term "dangerous drugs investigator" means any | ||||||
4 | person who is
employed as such by the Department of Human | ||||||
5 | Services.
| ||||||
6 | (12) The term "investigator for the Illinois State | ||||||
7 | Police" means
a person employed by the Illinois State | ||||||
8 | Police who is vested under
Section 4 of the Narcotic | ||||||
9 | Control Division Abolition Act with such
law enforcement | ||||||
10 | powers as render him ineligible for coverage under the
| ||||||
11 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
12 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
13 | (13) "Investigator for the Office of the Attorney | ||||||
14 | General" means any
person who is employed as such by the | ||||||
15 | Office of the Attorney General and
is vested with such | ||||||
16 | investigative duties as render him ineligible for
coverage | ||||||
17 | under the Social Security Act by reason of Sections | ||||||
18 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
19 | the period before January 1,
1989, the term includes all | ||||||
20 | persons who were employed as investigators by the
Office | ||||||
21 | of the Attorney General, without regard to social security | ||||||
22 | status.
| ||||||
23 | (14) "Controlled substance inspector" means any person | ||||||
24 | who is employed
as such by the Department of Professional | ||||||
25 | Regulation and is vested with such
law enforcement duties | ||||||
26 | as render him ineligible for coverage under the Social
|
| |||||||
| |||||||
1 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
2 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
3 | "controlled substance inspector" includes the Program
| ||||||
4 | Executive of Enforcement and the Assistant Program | ||||||
5 | Executive of Enforcement.
| ||||||
6 | (15) The term "investigator for the Office of the | ||||||
7 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
8 | employed in that capacity on a full-time basis under the | ||||||
9 | authority of Section 7.06 of the State's Attorneys
| ||||||
10 | Appellate Prosecutor's Act.
| ||||||
11 | (16) "Commerce Commission police officer" means any | ||||||
12 | person employed
by the Illinois Commerce Commission who is | ||||||
13 | vested with such law
enforcement duties as render him | ||||||
14 | ineligible for coverage under the Social
Security Act by | ||||||
15 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
16 | 218(l)(1) of that Act.
| ||||||
17 | (17) "Arson investigator" means any person who is | ||||||
18 | employed as such by
the Office of the State Fire Marshal | ||||||
19 | and is vested with such law enforcement
duties as render | ||||||
20 | the person ineligible for coverage under the Social | ||||||
21 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
23 | employed as an arson
investigator on January 1, 1995 and | ||||||
24 | is no longer in service but not yet
receiving a retirement | ||||||
25 | annuity may convert his or her creditable service for
| ||||||
26 | employment as an arson investigator into eligible |
| |||||||
| |||||||
1 | creditable service by paying
to the System the difference | ||||||
2 | between the employee contributions actually paid
for that | ||||||
3 | service and the amounts that would have been contributed | ||||||
4 | if the
applicant were contributing at the rate applicable | ||||||
5 | to persons with the same
social security status earning | ||||||
6 | eligible creditable service on the date of
application.
| ||||||
7 | (18) The term "State highway maintenance worker" means | ||||||
8 | a person who is
either of the following:
| ||||||
9 | (i) A person employed on a full-time basis by the | ||||||
10 | Illinois
Department of Transportation in the position | ||||||
11 | of
highway maintainer,
highway maintenance lead | ||||||
12 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
13 | construction equipment operator,
power shovel | ||||||
14 | operator, or
bridge mechanic; and
whose principal | ||||||
15 | responsibility is to perform, on the roadway, the | ||||||
16 | actual
maintenance necessary to keep the highways that | ||||||
17 | form a part of the State
highway system in serviceable | ||||||
18 | condition for vehicular traffic.
| ||||||
19 | (ii) A person employed on a full-time basis by the | ||||||
20 | Illinois
State Toll Highway Authority in the position | ||||||
21 | of
equipment operator/laborer H-4,
equipment | ||||||
22 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
23 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
24 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
25 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
26 | roadway lighting H-6,
structural H-4,
structural H-6,
|
| |||||||
| |||||||
1 | painter H-4, or
painter H-6; and
whose principal | ||||||
2 | responsibility is to perform, on the roadway, the | ||||||
3 | actual
maintenance necessary to keep the Authority's | ||||||
4 | tollways in serviceable condition
for vehicular | ||||||
5 | traffic.
| ||||||
6 | (19) The term "security employee of the Department of | ||||||
7 | Innovation and Technology" means a person who was a | ||||||
8 | security employee of the Department of Corrections or the | ||||||
9 | Department of Juvenile Justice, was transferred to the | ||||||
10 | Department of Innovation and Technology pursuant to | ||||||
11 | Executive Order 2016-01, and continues to perform similar | ||||||
12 | job functions under that Department. | ||||||
13 | (20) "Transferred employee" means an employee who was | ||||||
14 | transferred to the Department of Central Management | ||||||
15 | Services by Executive Order No. 2003-10 or Executive Order | ||||||
16 | No. 2004-2 or transferred to the Department of Innovation | ||||||
17 | and Technology by Executive Order No. 2016-1, or both, and | ||||||
18 | was entitled to eligible creditable service for services | ||||||
19 | immediately preceding the transfer. | ||||||
20 | (d) A security employee of the Department of Corrections | ||||||
21 | or the Department of Juvenile Justice, a security
employee of | ||||||
22 | the Department of Human Services who is not a mental health | ||||||
23 | police
officer, and a security employee of the Department of | ||||||
24 | Innovation and Technology shall not be eligible for the | ||||||
25 | alternative retirement annuity provided
by this Section unless | ||||||
26 | he or she meets the following minimum age and service
|
| |||||||
| |||||||
1 | requirements at the time of retirement:
| ||||||
2 | (i) 25 years of eligible creditable service and age | ||||||
3 | 55; or
| ||||||
4 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
5 | creditable service
and age 54, or 24 years of eligible | ||||||
6 | creditable service and age 55; or
| ||||||
7 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
8 | creditable service
and age 53, or 23 years of eligible | ||||||
9 | creditable service and age 55; or
| ||||||
10 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
11 | creditable service
and age 52, or 22 years of eligible | ||||||
12 | creditable service and age 55; or
| ||||||
13 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
14 | creditable service
and age 51, or 21 years of eligible | ||||||
15 | creditable service and age 55; or
| ||||||
16 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
17 | creditable service
and age 50, or 20 years of eligible | ||||||
18 | creditable service and age 55.
| ||||||
19 | Persons who have service credit under Article 16 of this | ||||||
20 | Code for service
as a security employee of the Department of | ||||||
21 | Corrections or the Department of Juvenile Justice, or the | ||||||
22 | Department
of Human Services in a position requiring | ||||||
23 | certification as a teacher may
count such service toward | ||||||
24 | establishing their eligibility under the service
requirements | ||||||
25 | of this Section; but such service may be used only for
| ||||||
26 | establishing such eligibility, and not for the purpose of |
| |||||||
| |||||||
1 | increasing or
calculating any benefit.
| ||||||
2 | (e) If a member enters military service while working in a | ||||||
3 | position in
which eligible creditable service may be earned, | ||||||
4 | and returns to State
service in the same or another such | ||||||
5 | position, and fulfills in all other
respects the conditions | ||||||
6 | prescribed in this Article for credit for military
service, | ||||||
7 | such military service shall be credited as eligible creditable
| ||||||
8 | service for the purposes of the retirement annuity prescribed | ||||||
9 | in this Section.
| ||||||
10 | (f) For purposes of calculating retirement annuities under | ||||||
11 | this
Section, periods of service rendered after December 31, | ||||||
12 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
13 | position of special agent,
conservation police officer, mental | ||||||
14 | health police officer, or investigator
for the Secretary of | ||||||
15 | State, shall be deemed to have been service as a
noncovered | ||||||
16 | employee, provided that the employee pays to the System prior | ||||||
17 | to
retirement an amount equal to (1) the difference between | ||||||
18 | the employee
contributions that would have been required for | ||||||
19 | such service as a
noncovered employee, and the amount of | ||||||
20 | employee contributions actually
paid, plus (2) if payment is | ||||||
21 | made after July 31, 1987, regular interest
on the amount | ||||||
22 | specified in item (1) from the date of service to the date
of | ||||||
23 | payment.
| ||||||
24 | For purposes of calculating retirement annuities under | ||||||
25 | this Section,
periods of service rendered after December 31, | ||||||
26 | 1968 and before January 1,
1982 as a covered employee in the |
| |||||||
| |||||||
1 | position of investigator for the
Department of Revenue shall | ||||||
2 | be deemed to have been service as a noncovered
employee, | ||||||
3 | provided that the employee pays to the System prior to | ||||||
4 | retirement
an amount equal to (1) the difference between the | ||||||
5 | employee contributions
that would have been required for such | ||||||
6 | service as a noncovered employee,
and the amount of employee | ||||||
7 | contributions actually paid, plus (2) if payment
is made after | ||||||
8 | January 1, 1990, regular interest on the amount specified in
| ||||||
9 | item (1) from the date of service to the date of payment.
| ||||||
10 | (g) A State policeman may elect, not later than January 1, | ||||||
11 | 1990, to
establish eligible creditable service for up to 10 | ||||||
12 | years of his service as
a policeman under Article 3, by filing | ||||||
13 | a written election with the Board,
accompanied by payment of | ||||||
14 | an amount to be determined by the Board, equal to
(i) the | ||||||
15 | difference between the amount of employee and employer
| ||||||
16 | contributions transferred to the System under Section 3-110.5, | ||||||
17 | and the
amounts that would have been contributed had such | ||||||
18 | contributions been made
at the rates applicable to State | ||||||
19 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
20 | for each year, compounded annually, from the date of
service | ||||||
21 | to the date of payment.
| ||||||
22 | Subject to the limitation in subsection (i), a State | ||||||
23 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
24 | eligible creditable service for
up to 10 years of his service | ||||||
25 | as a member of the County Police Department
under Article 9, by | ||||||
26 | filing a written election with the Board, accompanied
by |
| |||||||
| |||||||
1 | payment of an amount to be determined by the Board, equal to | ||||||
2 | (i) the
difference between the amount of employee and employer | ||||||
3 | contributions
transferred to the System under Section 9-121.10 | ||||||
4 | and the amounts that would
have been contributed had those | ||||||
5 | contributions been made at the rates
applicable to State | ||||||
6 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
7 | for each year, compounded annually, from the date of service | ||||||
8 | to the
date of payment.
| ||||||
9 | (h) Subject to the limitation in subsection (i), a State | ||||||
10 | policeman or
investigator for the Secretary of State may elect | ||||||
11 | to establish eligible
creditable service for up to 12 years of | ||||||
12 | his service as a policeman under
Article 5, by filing a written | ||||||
13 | election with the Board on or before January
31, 1992, and | ||||||
14 | paying to the System by January 31, 1994 an amount to be
| ||||||
15 | determined by the Board, equal to (i) the difference between | ||||||
16 | the amount of
employee and employer contributions transferred | ||||||
17 | to the System under Section
5-236, and the amounts that would | ||||||
18 | have been contributed had such
contributions been made at the | ||||||
19 | rates applicable to State policemen, plus
(ii) interest | ||||||
20 | thereon at the effective rate for each year, compounded
| ||||||
21 | annually, from the date of service to the date of payment.
| ||||||
22 | Subject to the limitation in subsection (i), a State | ||||||
23 | policeman,
conservation police officer, or investigator for | ||||||
24 | the Secretary of State may
elect to establish eligible | ||||||
25 | creditable service for up to 10 years of
service as a sheriff's | ||||||
26 | law enforcement employee under Article 7, by filing
a written |
| |||||||
| |||||||
1 | election with the Board on or before January 31, 1993, and | ||||||
2 | paying
to the System by January 31, 1994 an amount to be | ||||||
3 | determined by the Board,
equal to (i) the difference between | ||||||
4 | the amount of employee and
employer contributions transferred | ||||||
5 | to the System under Section
7-139.7, and the amounts that | ||||||
6 | would have been contributed had such
contributions been made | ||||||
7 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
8 | thereon at the effective rate for each year, compounded
| ||||||
9 | annually, from the date of service to the date of payment.
| ||||||
10 | Subject to the limitation in subsection (i), a State | ||||||
11 | policeman,
conservation police officer, or investigator for | ||||||
12 | the Secretary of State may
elect to establish eligible | ||||||
13 | creditable service for up to 5 years of
service as a police | ||||||
14 | officer under Article 3, a policeman under Article 5, a | ||||||
15 | sheriff's law enforcement employee under Article 7, a member | ||||||
16 | of the county police department under Article 9, or a police | ||||||
17 | officer under Article 15 by filing
a written election with the | ||||||
18 | Board and paying
to the System an amount to be determined by | ||||||
19 | the Board,
equal to (i) the difference between the amount of | ||||||
20 | employee and
employer contributions transferred to the System | ||||||
21 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
22 | and the amounts that would have been contributed had such
| ||||||
23 | contributions been made at the rates applicable to State | ||||||
24 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
25 | for each year, compounded
annually, from the date of service | ||||||
26 | to the date of payment. |
| |||||||
| |||||||
1 | Subject to the limitation in subsection (i), an | ||||||
2 | investigator for the Office of the Attorney General, or an | ||||||
3 | investigator for the Department of Revenue, may elect to | ||||||
4 | establish eligible creditable service for up to 5 years of | ||||||
5 | service as a police officer under Article 3, a policeman under | ||||||
6 | Article 5, a sheriff's law enforcement employee under Article | ||||||
7 | 7, or a member of the county police department under Article 9 | ||||||
8 | by filing a written election with the Board within 6 months | ||||||
9 | after August 25, 2009 (the effective date of Public Act | ||||||
10 | 96-745) and paying to the System an amount to be determined by | ||||||
11 | the Board, equal to (i) the difference between the amount of | ||||||
12 | employee and employer contributions transferred to the System | ||||||
13 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
14 | amounts that would have been contributed had such | ||||||
15 | contributions been made at the rates applicable to State | ||||||
16 | policemen, plus (ii) interest thereon at the actuarially | ||||||
17 | assumed rate for each year, compounded annually, from the date | ||||||
18 | of service to the date of payment. | ||||||
19 | Subject to the limitation in subsection (i), a State | ||||||
20 | policeman, conservation police officer, investigator for the | ||||||
21 | Office of the Attorney General, an investigator for the | ||||||
22 | Department of Revenue, or investigator for the Secretary of | ||||||
23 | State may elect to establish eligible creditable service for | ||||||
24 | up to 5 years of service as a person employed by a | ||||||
25 | participating municipality to perform police duties, or law | ||||||
26 | enforcement officer employed on a full-time basis by a forest |
| |||||||
| |||||||
1 | preserve district under Article 7, a county corrections | ||||||
2 | officer, or a court services officer under Article 9, by | ||||||
3 | filing a written election with the Board within 6 months after | ||||||
4 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
5 | paying to the System an amount to be determined by the Board, | ||||||
6 | equal to (i) the difference between the amount of employee and | ||||||
7 | employer contributions transferred to the System under | ||||||
8 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
9 | been contributed had such contributions been made at the rates | ||||||
10 | applicable to State policemen, plus (ii) interest thereon at | ||||||
11 | the actuarially assumed rate for each year, compounded | ||||||
12 | annually, from the date of service to the date of payment. | ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman, arson
investigator, or Commerce Commission police | ||||||
15 | officer may elect to establish eligible creditable service for | ||||||
16 | up to 5 years of service as a person employed by a | ||||||
17 | participating municipality to perform police duties under | ||||||
18 | Article 7, a county corrections officer, a court services | ||||||
19 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
20 | filing a written election with the Board within 6 months after | ||||||
21 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
22 | paying to the System an amount to be determined by the Board | ||||||
23 | equal to (i) the difference between the amount of employee and | ||||||
24 | employer contributions transferred to the System under | ||||||
25 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
26 | would have been contributed had such contributions been made |
| |||||||
| |||||||
1 | at the rates applicable to State policemen, plus (ii) interest | ||||||
2 | thereon at the actuarially assumed rate for each year, | ||||||
3 | compounded annually, from the date of service to the date of | ||||||
4 | payment. | ||||||
5 | Subject to the limitation in subsection (i), a | ||||||
6 | conservation police officer may elect to establish eligible | ||||||
7 | creditable service for up to 5 years of service as a person | ||||||
8 | employed by a participating municipality to perform police | ||||||
9 | duties under Article 7, a county corrections officer, or a | ||||||
10 | court services officer under Article 9 by filing a written | ||||||
11 | election with the Board within 6 months after July 30, 2021 | ||||||
12 | (the effective date of Public Act 102-210) and paying to the | ||||||
13 | System an amount to be determined by the Board equal to (i) the | ||||||
14 | difference between the amount of employee and employer | ||||||
15 | contributions transferred to the System under Sections 7-139.8 | ||||||
16 | and 9-121.10 and the amounts that would have been contributed | ||||||
17 | had such contributions been made at the rates applicable to | ||||||
18 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
19 | assumed rate for each year, compounded annually, from the date | ||||||
20 | of service to the date of payment. | ||||||
21 | Notwithstanding the limitation in subsection (i), a State | ||||||
22 | policeman or conservation police officer may elect to convert | ||||||
23 | service credit earned under this Article to eligible | ||||||
24 | creditable service, as defined by this Section, by filing a | ||||||
25 | written election with the board within 6 months after July 30, | ||||||
26 | 2021 (the effective date of Public Act 102-210) and paying to |
| |||||||
| |||||||
1 | the System an amount to be determined by the Board equal to (i) | ||||||
2 | the difference between the amount of employee contributions | ||||||
3 | originally paid for that service and the amounts that would | ||||||
4 | have been contributed had such contributions been made at the | ||||||
5 | rates applicable to State policemen, plus (ii) the difference | ||||||
6 | between the employer's normal cost of the credit prior to the | ||||||
7 | conversion authorized by Public Act 102-210 and the employer's | ||||||
8 | normal cost of the credit converted in accordance with Public | ||||||
9 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
10 | assumed rate for each year, compounded annually, from the date | ||||||
11 | of service to the date of payment. | ||||||
12 | (i) The total amount of eligible creditable service | ||||||
13 | established by any
person under subsections (g), (h), (j), | ||||||
14 | (k), (l), (l-5), (o), and (p) of this
Section shall not exceed | ||||||
15 | 12 years.
| ||||||
16 | (j) Subject to the limitation in subsection (i), an | ||||||
17 | investigator for
the Office of the State's Attorneys Appellate | ||||||
18 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
19 | establish eligible creditable service for up to 10 years of | ||||||
20 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
21 | enforcement employee under
Article 7, by filing a written | ||||||
22 | election with the Board, accompanied by
payment of an amount | ||||||
23 | to be determined by the Board, equal to (1) the
difference | ||||||
24 | between the amount of employee and employer contributions
| ||||||
25 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
26 | and the amounts
that would have been contributed had such |
| |||||||
| |||||||
1 | contributions been made at the
rates applicable to State | ||||||
2 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
3 | each year, compounded annually, from the date of service
to | ||||||
4 | the date of payment.
| ||||||
5 | (k) Subject to the limitation in subsection (i) of this | ||||||
6 | Section, an
alternative formula employee may elect to | ||||||
7 | establish eligible creditable
service for periods spent as a | ||||||
8 | full-time law enforcement officer or full-time
corrections | ||||||
9 | officer employed by the federal government or by a state or | ||||||
10 | local
government located outside of Illinois, for which credit | ||||||
11 | is not held in any
other public employee pension fund or | ||||||
12 | retirement system. To obtain this
credit, the applicant must | ||||||
13 | file a written application with the Board by March
31, 1998, | ||||||
14 | accompanied by evidence of eligibility acceptable to the Board | ||||||
15 | and
payment of an amount to be determined by the Board, equal | ||||||
16 | to (1) employee
contributions for the credit being | ||||||
17 | established, based upon the applicant's
salary on the first | ||||||
18 | day as an alternative formula employee after the employment
| ||||||
19 | for which credit is being established and the rates then | ||||||
20 | applicable to
alternative formula employees, plus (2) an | ||||||
21 | amount determined by the Board
to be the employer's normal | ||||||
22 | cost of the benefits accrued for the credit being
established, | ||||||
23 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
24 | from
the first day as an alternative formula employee after | ||||||
25 | the employment for which
credit is being established to the | ||||||
26 | date of payment.
|
| |||||||
| |||||||
1 | (l) Subject to the limitation in subsection (i), a | ||||||
2 | security employee of
the Department of Corrections may elect, | ||||||
3 | not later than July 1, 1998, to
establish eligible creditable | ||||||
4 | service for up to 10 years of his or her service
as a policeman | ||||||
5 | under Article 3, by filing a written election with the Board,
| ||||||
6 | accompanied by payment of an amount to be determined by the | ||||||
7 | Board, equal to
(i) the difference between the amount of | ||||||
8 | employee and employer contributions
transferred to the System | ||||||
9 | under Section 3-110.5, and the amounts that would
have been | ||||||
10 | contributed had such contributions been made at the rates | ||||||
11 | applicable
to security employees of the Department of | ||||||
12 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
13 | for each year, compounded annually, from the date
of service | ||||||
14 | to the date of payment.
| ||||||
15 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
16 | Section, a State policeman may elect to establish eligible | ||||||
17 | creditable service for up to 5 years of service as a full-time | ||||||
18 | law enforcement officer employed by the federal government or | ||||||
19 | by a state or local government located outside of Illinois for | ||||||
20 | which credit is not held in any other public employee pension | ||||||
21 | fund or retirement system. To obtain this credit, the | ||||||
22 | applicant must file a written application with the Board no | ||||||
23 | later than 3 years after January 1, 2020 (the effective date of | ||||||
24 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
25 | acceptable to the Board and payment of an amount to be | ||||||
26 | determined by the Board, equal to (1) employee contributions |
| |||||||
| |||||||
1 | for the credit being established, based upon the applicant's | ||||||
2 | salary on the first day as an alternative formula employee | ||||||
3 | after the employment for which credit is being established and | ||||||
4 | the rates then applicable to alternative formula employees, | ||||||
5 | plus (2) an amount determined by the Board to be the employer's | ||||||
6 | normal cost of the benefits accrued for the credit being | ||||||
7 | established, plus (3) regular interest on the amounts in items | ||||||
8 | (1) and (2) from the first day as an alternative formula | ||||||
9 | employee after the employment for which credit is being | ||||||
10 | established to the date of payment. | ||||||
11 | (m) The amendatory changes to this Section made by Public | ||||||
12 | Act 94-696 apply only to: (1) security employees of the | ||||||
13 | Department of Juvenile Justice employed by the Department of | ||||||
14 | Corrections before June 1, 2006 (the effective date of Public | ||||||
15 | Act 94-696) and transferred to the Department of Juvenile | ||||||
16 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
17 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
18 | effective date of Public Act 94-696) who are required by | ||||||
19 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
20 | Corrections to have any bachelor's or advanced degree from an | ||||||
21 | accredited college or university or, in the case of persons | ||||||
22 | who provide vocational training, who are required to have | ||||||
23 | adequate knowledge in the skill for which they are providing | ||||||
24 | the vocational training.
| ||||||
25 | (n) A person employed in a position under subsection (b) | ||||||
26 | of this Section who has purchased service credit under |
| |||||||
| |||||||
1 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
2 | 14-105 in any other capacity under this Article may convert up | ||||||
3 | to 5 years of that service credit into service credit covered | ||||||
4 | under this Section by paying to the Fund an amount equal to (1) | ||||||
5 | the additional employee contribution required under Section | ||||||
6 | 14-133, plus (2) the additional employer contribution required | ||||||
7 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
8 | the actuarially assumed rate from the date of the service to | ||||||
9 | the date of payment. | ||||||
10 | (o) Subject to the limitation in subsection (i), a | ||||||
11 | conservation police officer, investigator for the Secretary of | ||||||
12 | State, Commerce Commission police officer, investigator for | ||||||
13 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
14 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
15 | may elect to convert up to 8 years of service credit | ||||||
16 | established before January 1, 2020 (the effective date of | ||||||
17 | Public Act 101-610) as a conservation police officer, | ||||||
18 | investigator for the Secretary of State, Commerce Commission | ||||||
19 | police officer, investigator for the Department of Revenue or | ||||||
20 | the
Illinois Gaming Board, or arson investigator under this | ||||||
21 | Article into eligible creditable service by filing a written | ||||||
22 | election with the Board no later than one year after January 1, | ||||||
23 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
24 | by payment of an amount to be determined by the Board equal to | ||||||
25 | (i) the difference between the amount of the employee | ||||||
26 | contributions actually paid for that service and the amount of |
| |||||||
| |||||||
1 | the employee contributions that would have been paid had the | ||||||
2 | employee contributions been made as a noncovered employee | ||||||
3 | serving in a position in which eligible creditable service, as | ||||||
4 | defined in this Section, may be earned, plus (ii) interest | ||||||
5 | thereon at the effective rate for each year, compounded | ||||||
6 | annually, from the date of service to the date of payment. | ||||||
7 | (p) Subject to the limitation in subsection (i), an | ||||||
8 | investigator for the Office of the Attorney General subject to | ||||||
9 | subsection (g) of Section 1-160 may elect to convert up to 8 | ||||||
10 | years of service credit established before the effective date | ||||||
11 | of this amendatory Act of the 102nd General Assembly as an | ||||||
12 | investigator for the Office of the Attorney General under this | ||||||
13 | Article into eligible creditable service by filing a written | ||||||
14 | election with the Board no later than one year after the | ||||||
15 | effective date of this amendatory Act of the 102nd General | ||||||
16 | Assembly, accompanied by payment of an amount to be determined | ||||||
17 | by the Board equal to (i) the difference between the amount of | ||||||
18 | the employee contributions actually paid for that service and | ||||||
19 | the amount of the employee contributions that would have been | ||||||
20 | paid had the employee contributions been made as a noncovered | ||||||
21 | employee serving in a position in which eligible creditable | ||||||
22 | service, as defined in this Section, may be earned, plus (ii) | ||||||
23 | interest thereon at the effective rate for each year, | ||||||
24 | compounded annually, from the date of service to the date of | ||||||
25 | payment. | ||||||
26 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
| |||||||
| |||||||
1 | 102-538, eff. 8-20-21; 102-956, eff. 5-27-22 .)
| ||||||
2 | Section 45. The Intergovernmental Missing Child Recovery | ||||||
3 | Act of 1984 is amended by changing Section 6 as follows:
| ||||||
4 | (325 ILCS 40/6) (from Ch. 23, par. 2256)
| ||||||
5 | Sec. 6. The Illinois State Police shall:
| ||||||
6 | (a) Utilize the statewide Law Enforcement Agencies Data
| ||||||
7 | System (LEADS) for the purpose of effecting an immediate law | ||||||
8 | enforcement
response to reports of missing children. The | ||||||
9 | Illinois State Police shall implement an
automated data | ||||||
10 | exchange system to compile, to maintain and to make
available | ||||||
11 | for dissemination to Illinois and out-of-State law enforcement
| ||||||
12 | agencies, data which can assist appropriate agencies in | ||||||
13 | recovering missing
children.
| ||||||
14 | (b) Establish contacts and exchange information regarding | ||||||
15 | lost, missing or
runaway children with nationally recognized | ||||||
16 | "missing person and runaway"
service organizations and monitor | ||||||
17 | national research and publicize important
developments.
| ||||||
18 | (c) Provide a uniform reporting format for the entry of | ||||||
19 | pertinent
information regarding reports of missing children | ||||||
20 | into LEADS.
| ||||||
21 | (d) Develop and implement a policy whereby a statewide or | ||||||
22 | regional alert
would be used in situations relating to the | ||||||
23 | disappearances of children,
based on criteria and in a format | ||||||
24 | established by the Illinois State Police. Such a
format shall |
| |||||||
| |||||||
1 | include, but not be limited to, the age and physical | ||||||
2 | description
of the missing child and the suspected | ||||||
3 | circumstances of the disappearance.
| ||||||
4 | (e) Notify all law enforcement agencies that reports of | ||||||
5 | missing persons
shall be entered as soon as the minimum level | ||||||
6 | of data specified by the Illinois State Police
is available to | ||||||
7 | the reporting agency and that no waiting period
for entry of | ||||||
8 | such data exists.
| ||||||
9 | (f) Provide a procedure for prompt confirmation of the | ||||||
10 | receipt and entry of
the missing child report into LEADS to the | ||||||
11 | parent or guardian of the missing
child.
| ||||||
12 | (g) Compile and retain information regarding missing | ||||||
13 | children in a
separate data file, in a manner that allows such | ||||||
14 | information to be used by
law enforcement and other agencies | ||||||
15 | deemed appropriate by the Director, for
investigative | ||||||
16 | purposes. Such files shall be updated to reflect and include
| ||||||
17 | information relating to the disposition of the case.
| ||||||
18 | (h) Compile and maintain an historic data repository | ||||||
19 | relating to missing
children in order (1) to develop and | ||||||
20 | improve techniques utilized by law
enforcement agencies when | ||||||
21 | responding to reports of missing children and (2)
to provide a | ||||||
22 | factual and statistical base for research that would address
| ||||||
23 | the problem of missing children.
| ||||||
24 | (i) Create a quality control program to assess the monitor | ||||||
25 | timeliness of entries of
missing children reports into LEADS | ||||||
26 | and conduct performance audits of all
entering agencies.
|
| |||||||
| |||||||
1 | (j) Prepare a periodic information bulletin concerning | ||||||
2 | missing children
who it determines may be present in this | ||||||
3 | State, compiling such bulletin from
information contained in | ||||||
4 | both the National Crime Information Center computer
and from | ||||||
5 | reports, alerts and other information entered into LEADS or
| ||||||
6 | otherwise compiled and retained by the Illinois State Police | ||||||
7 | pursuant to this Act. The
bulletin shall indicate the name, | ||||||
8 | age, physical description, suspected
circumstances of | ||||||
9 | disappearance if that information is available, a photograph
| ||||||
10 | if one is available, the name of the law enforcement agency | ||||||
11 | investigating the
case, and such other information as the | ||||||
12 | Director considers appropriate
concerning each missing child | ||||||
13 | who the Illinois State Police determines may be present in
| ||||||
14 | this State. The Illinois State Police shall send a copy of each | ||||||
15 | periodic information
bulletin to the State Board of Education | ||||||
16 | for its use in accordance with Section
2-3.48 of the School | ||||||
17 | Code. The Illinois State Police shall provide a copy of the | ||||||
18 | bulletin,
upon request, to law enforcement agencies of this or | ||||||
19 | any other state or of the
federal government, and may provide a | ||||||
20 | copy of the bulletin, upon request, to
other persons or | ||||||
21 | entities, if deemed appropriate by the Director, and may
| ||||||
22 | establish limitations on its use and a reasonable fee for so | ||||||
23 | providing the
same, except that no fee shall be charged for | ||||||
24 | providing the periodic
information bulletin to the State Board | ||||||
25 | of Education, appropriate units of
local government, State | ||||||
26 | agencies, or law enforcement agencies of this or any
other |
| |||||||
| |||||||
1 | state or of the federal government.
| ||||||
2 | (k) Provide for the entry into LEADS of the names and | ||||||
3 | addresses of sex
offenders as defined in the Sex Offender | ||||||
4 | Registration Act who are required to
register under that Act. | ||||||
5 | The information shall be immediately accessible to
law | ||||||
6 | enforcement agencies and peace officers of this State or any | ||||||
7 | other state or
of the federal government. Similar information | ||||||
8 | may be requested from any other
state or of the federal | ||||||
9 | government for purposes of this Act.
| ||||||
10 | (l) Provide for the entry into LEADS of the names and | ||||||
11 | addresses of violent offenders against youth as defined in the | ||||||
12 | Murderer and Violent Offender Against Youth Registration Act | ||||||
13 | who are required to
register under that Act. The information | ||||||
14 | shall be immediately accessible to
law enforcement agencies | ||||||
15 | and peace officers of this State or any other state or
of the | ||||||
16 | federal government. Similar information may be requested from | ||||||
17 | any other
state or of the federal government for purposes of | ||||||
18 | this Act.
| ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
20 | Section 50. The Sex Offender Registration Act is amended | ||||||
21 | by changing Section 11 as follows:
| ||||||
22 | (730 ILCS 150/11)
| ||||||
23 | Sec. 11. Offender Registration Fund. There is created the | ||||||
24 | Offender Registration Fund (formerly known as the Sex
Offender |
| |||||||
| |||||||
1 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
2 | costs
incurred by the criminal justice system to administer | ||||||
3 | this Article and the Murderer and Violent Offender Against | ||||||
4 | Youth Registration Act, and for purposes as authorized under | ||||||
5 | this Section 5-9-1.15 of the Unified Code of Corrections . The | ||||||
6 | Illinois
State Police shall establish and promulgate rules and | ||||||
7 | procedures
regarding the administration of this Fund. Fifty | ||||||
8 | percent of the moneys
in the Fund shall be allocated by the | ||||||
9 | Department for sheriffs' offices and
police departments. The | ||||||
10 | remaining moneys in the Fund received under this amendatory | ||||||
11 | Act of the 101st General Assembly shall be allocated to the | ||||||
12 | Illinois State Police for education and administration of the | ||||||
13 | Act.
| ||||||
14 | Notwithstanding any other provision of law, in
addition to | ||||||
15 | any other transfers that may be provided by law, on
the | ||||||
16 | effective date of this amendatory Act of the 103rd General
| ||||||
17 | Assembly, or as soon thereafter as practical, the State
| ||||||
18 | Comptroller shall direct and the State Treasurer shall | ||||||
19 | transfer
the remaining balance from the Sex Offender | ||||||
20 | Investigation Fund
to the Offender Registration Fund. Upon | ||||||
21 | completion of the
transfers, the Sex Offender Investigation | ||||||
22 | Fund is dissolved,
and any future deposits into the Sex | ||||||
23 | Offender Investigation Fund and any outstanding
obligations or | ||||||
24 | liabilities of the Sex Offender Investigation Fund pass to the | ||||||
25 | Offender
Registration Fund.
Subject to appropriation, moneys | ||||||
26 | in the Offender
Registration Fund received under this Section
|
| |||||||
| |||||||
1 | shall be used by the Illinois State Police for purposes | ||||||
2 | authorized under this Section. | ||||||
3 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law, except that Section 8.3 of the State Finance Act | ||||||
6 | and Sections 10, 30, 40, and 45 take effect January 1, 2024.".
|