Bill Text: IL HB0432 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Peace Officer Fire Investigation Act. Makes a technical change in a Section concerning peace officer status.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0432 Detail]

Download: Illinois-2011-HB0432-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0432 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
20 ILCS 2910/1 from Ch. 127 1/2, par. 501
Amends the Peace Officer Fire Investigation Act. Makes a technical change in a Section concerning peace officer status.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Peace Officer Fire Investigation Act is
amended by changing Section 1 as follows:
(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
Sec. 1. Peace Officer Status.
(a) Any person who is a sworn member of any organized and
and paid fire department of a political subdivision of this
State and is authorized to investigate fires or explosions for
such political subdivision and to determine the cause, origin
and circumstances of fires or explosions that are suspected to
be arson or arson-related crimes, may be classified as a peace
officer by the political subdivision or agency employing such
person. A person so classified shall possess the same powers of
arrest, search and seizure and the securing and service of
warrants as sheriffs of counties, and police officers within
the jurisdiction of their political subdivision. While in the
actual investigation and matters incident thereto, such person
may carry weapons as may be necessary, but only if that person
has satisfactorily completed (1) a training program offered or
approved by the Illinois Law Enforcement Training Standards
Board which substantially conforms to standards promulgated

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pursuant to the Illinois Police Training Act and the Peace
Officer Firearm Training Act; and (2) a course in fire and
arson investigation approved by the Office of the State Fire
Marshal pursuant to the Illinois Fire Protection Training Act.
Such training need not include exposure to vehicle and traffic
law, traffic control and accident investigation, or first aid,
but shall include training in the law relating to the rights of
persons suspected of involvement in criminal activities.
Any person granted the powers enumerated in this subsection
(a) may exercise such powers only during the actual
investigation of the cause, origin and circumstances of such
fires or explosions that are suspected to be arson or
arson-related crimes.
(b) Persons employed by the Office of the State Fire
Marshal to conduct arson investigations shall be designated
State Fire Marshal Arson Investigator Special Agents and shall
be peace officers with all of the powers of peace officers in
cities and sheriffs in counties, except that they may exercise
those powers throughout the State. These Special Agents may
exercise these powers only when engaging in official duties
during the actual investigation of the cause, origin, and
circumstances of such fires or explosions that are suspected to
be arson or arson-related crimes and may carry weapons at all
times, but only if they have satisfactorily completed (1) a
training course approved by the Illinois Law Enforcement
Training Standards Board that substantially conforms to the

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standards promulgated pursuant to the Peace Officer Firearm
Training Act and (2) a course in fire and arson investigation
approved by the Office of the State Fire Marshal pursuant to
the Illinois Fire Protection Training Act. Such training need
not include exposure to vehicle and traffic law, traffic
control and accident investigation, or first aid, but shall
include training in the law relating to the rights of persons
suspected of involvement in criminal activities.
For purposes of this subsection (b), a "State Fire Marshal
Arson Investigator Special Agent" does not include any fire
investigator, fireman, police officer, or other employee of the
federal government; any fire investigator, fireman, police
officer, or other employee of any unit of local government; or
any fire investigator, fireman, police officer, or other
employee of the State of Illinois other than an employee of the
Office of the State Fire Marshal assigned to investigate arson.
The State Fire Marshal must authorize to each employee of
the Office of the State Fire Marshal who is exercising the
powers of a peace officer a distinct badge that, on its face,
(i) clearly states that the badge is authorized by the Office
of the State Fire Marshal and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Office of the State Fire Marshal, except that a badge,
different from the badge issued to peace officers, may be
authorized by the Office of the State Fire Marshal for the use
of fire prevention inspectors employed by that Office. Nothing

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in this subsection prohibits the State Fire Marshal from
issuing shields or other distinctive identification to
employees not exercising the powers of a peace officer if the
State Fire Marshal determines that a shield or distinctive
identification is needed by the employee to carry out his or
her responsibilities.
(Source: P.A. 95-502, eff. 8-28-07.)