Bill Text: IL HB0305 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Municipal Code. Provides that the requirement that a police applicant possess an associate's degree may also be waived if the applicant has successfully received credit for a minimum of 60 credit hours toward a bachelor's degree from an accredited college or university (currently, this requirement may be waived only if the applicant has served for 24 months of active duty or 180 days combat duty in the United States Armed Forces). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-23 - Passed Both Houses [HB0305 Detail]

Download: Illinois-2017-HB0305-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5changing Section 10-2.1-6 as follows:
6 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
7 Sec. 10-2.1-6. Examination of applicants;
8disqualifications.
9 (a) All applicants for a position in either the fire or
10police department of the municipality shall be under 35 years
11of age, shall be subject to an examination that shall be
12public, competitive, and open to all applicants (unless the
13council or board of trustees by ordinance limit applicants to
14electors of the municipality, county, state or nation) and
15shall be subject to reasonable limitations as to residence,
16health, habits, and moral character. The municipality may not
17charge or collect any fee from an applicant who has met all
18prequalification standards established by the municipality for
19any such position. With respect to a police department, a
20veteran shall be allowed to exceed the maximum age provision of
21this Section by the number of years served on active military
22duty, but by no more than 10 years of active military duty.
23 (b) Residency requirements in effect at the time an

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1individual enters the fire or police service of a municipality
2(other than a municipality that has more than 1,000,000
3inhabitants) cannot be made more restrictive for that
4individual during his period of service for that municipality,
5or be made a condition of promotion, except for the rank or
6position of Fire or Police Chief.
7 (c) No person with a record of misdemeanor convictions
8except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
911-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1014-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
1131-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
12(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
13of Section 24-1 of the Criminal Code of 1961 or the Criminal
14Code of 2012, or arrested for any cause but not convicted on
15that cause shall be disqualified from taking the examination to
16qualify for a position in the fire department on grounds of
17habits or moral character.
18 (d) The age limitation in subsection (a) does not apply (i)
19to any person previously employed as a policeman or fireman in
20a regularly constituted police or fire department of (I) any
21municipality, regardless of whether the municipality is
22located in Illinois or in another state, or (II) a fire
23protection district whose obligations were assumed by a
24municipality under Section 21 of the Fire Protection District
25Act, (ii) to any person who has served a municipality as a
26regularly enrolled volunteer fireman for 5 years immediately

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1preceding the time that municipality begins to use full time
2firemen to provide all or part of its fire protection service,
3or (iii) to any person who has served as an auxiliary police
4officer under Section 3.1-30-20 for at least 5 years and is
5under 40 years of age, (iv) to any person who has served as a
6deputy under Section 3-6008 of the Counties Code and otherwise
7meets necessary training requirements, or (v) to any person who
8has served as a sworn officer as a member of the Illinois
9Department of State Police.
10 (e) Applicants who are 20 years of age and who have
11successfully completed 2 years of law enforcement studies at an
12accredited college or university may be considered for
13appointment to active duty with the police department. An
14applicant described in this subsection (e) who is appointed to
15active duty shall not have power of arrest, nor shall the
16applicant be permitted to carry firearms, until he or she
17reaches 21 years of age.
18 (f) Applicants who are 18 years of age and who have
19successfully completed 2 years of study in fire techniques,
20amounting to a total of 4 high school credits, within the cadet
21program of a municipality may be considered for appointment to
22active duty with the fire department of any municipality.
23 (g) The council or board of trustees may by ordinance
24provide that persons residing outside the municipality are
25eligible to take the examination.
26 (h) The examinations shall be practical in character and

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1relate to those matters that will fairly test the capacity of
2the persons examined to discharge the duties of the positions
3to which they seek appointment. No person shall be appointed to
4the police or fire department if he or she does not possess a
5high school diploma or an equivalent high school education. A
6board of fire and police commissioners may, by its rules,
7require police applicants to have obtained an associate's
8degree or a bachelor's degree as a prerequisite for employment.
9The examinations shall include tests of physical
10qualifications and health. A board of fire and police
11commissioners may, by its rules, waive portions of the required
12examination for police applicants who have previously been
13full-time sworn officers of a regular police department in any
14municipal, county, university, or State law enforcement
15agency, provided they are certified by the Illinois Law
16Enforcement Training Standards Board and have been with their
17respective law enforcement agency within the State for at least
182 years. No person shall be appointed to the police or fire
19department if he or she has suffered the amputation of any limb
20unless the applicant's duties will be only clerical or as a
21radio operator. No applicant shall be examined concerning his
22or her political or religious opinions or affiliations. The
23examinations shall be conducted by the board of fire and police
24commissioners of the municipality as provided in this Division
252.1.
26 The requirement that a police applicant possess an

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1associate's degree under this subsection may be waived if one
2or more of the following applies: (1) the applicant has served
3for 24 months of honorable active duty in the United States
4Armed Forces and has not been discharged dishonorably or under
5circumstances other than honorable; or (2) the applicant has
6served for 180 days of active duty in the United States Armed
7Forces in combat duty recognized by the Department of Defense
8and has not been discharged dishonorably or under circumstances
9other than honorable; or (3) the applicant has successfully
10received credit for a minimum of 60 credit hours toward a
11bachelor's degree from an accredited college or university.
12 The requirement that a police applicant possess a
13bachelor's degree under this subsection may be waived if one or
14more of the following applies: (1) the applicant has served for
1536 months of honorable active duty in the United States Armed
16Forces and has not been discharged dishonorably or under
17circumstances other than honorable or (2) the applicant has
18served for 180 days of active duty in the United States Armed
19Forces in combat duty recognized by the Department of Defense
20and has not been discharged dishonorably or under circumstances
21other than honorable.
22 (i) No person who is classified by his local selective
23service draft board as a conscientious objector, or who has
24ever been so classified, may be appointed to the police
25department.
26 (j) No person shall be appointed to the police or fire

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1department unless he or she is a person of good character and
2not an habitual drunkard, gambler, or a person who has been
3convicted of a felony or a crime involving moral turpitude. No
4person, however, shall be disqualified from appointment to the
5fire department because of his or her record of misdemeanor
6convictions except those under Sections 11-1.50, 11-6, 11-7,
711-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
812-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
931-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
10subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
11subsections (1), (6) and (8) of Section 24-1 of the Criminal
12Code of 1961 or the Criminal Code of 2012, or arrest for any
13cause without conviction on that cause. Any such person who is
14in the department may be removed on charges brought and after a
15trial as provided in this Division 2.1.
16(Source: P.A. 97-1150, eff. 1-25-13; 98-510, eff. 8-19-13.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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