Bill Text: IL HB1188 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the State Police Act, Counties Code, and Illinois Municipal Code. Authorizes any State Police officer, sheriff, deputy sheriff, or municipal peace officer who is on duty disability to carry a concealed weapon. Authorizes the summary revocation or suspension of such an authorization. Provides that neither a revocation or suspension of authorization to carry a concealed weapon nor the failure to revoke or suspend such an authorization may be used to determine whether an officer is fit for duty or to establish the liability of the Department of State Police, a county, or a municipality for the actions of a duty disabled officer. Provides that neither the ability of a duty disabled officer to meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements nor any other demonstration of ability or fitness required under these provisions may be used to assess whether that officer is qualified for active duty. Limits the concurrent exercise of home rule powers. Defines "duty disabled Department of State Police Officer", "duty disabled sheriff", "duty disabled deputy sheriff", and "duty disable municipal peace officer". Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB1188 Detail]
Download: Illinois-2011-HB1188-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1188
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2 | AMENDMENT NO. ______. Amend House Bill 1188 on page 6, | ||||||
3 | immediately below line 17, by inserting the following:
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4 | "Section 20. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 2-116 as follows:
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6 | (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
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7 | Sec. 2-116. Secretary of State Department of Police.
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8 | (a) The Secretary of State and the officers, inspectors, | ||||||
9 | and
investigators appointed by him shall cooperate with the | ||||||
10 | State Police and
the sheriffs and police in enforcing the laws | ||||||
11 | regulating the operation of
vehicles and the use of the | ||||||
12 | highways.
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13 | (b) The Secretary of State may provide training and | ||||||
14 | education for
members of his office in traffic regulation, the | ||||||
15 | promotion of traffic
safety and the enforcement of laws vested | ||||||
16 | in the Secretary of State for
administration and enforcement |
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1 | regulating the operation of vehicles and the
use of the | ||||||
2 | highways.
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3 | (c) The Secretary of State may provide distinctive uniforms | ||||||
4 | and badges
for officers, inspectors and investigators employed | ||||||
5 | in the administration
of laws relating to the operation of | ||||||
6 | vehicles and the use of the highways
and vesting the | ||||||
7 | administration and enforcement of such laws in the
Secretary of | ||||||
8 | State.
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9 | (d) The Secretary of State Department of Police is | ||||||
10 | authorized to:
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11 | (1) investigate the origins, activities, persons, and | ||||||
12 | incidents of
crime and the ways and means, if any, to | ||||||
13 | redress the victims of crimes, and
study the impact, if | ||||||
14 | any, of legislation relative to the criminal laws of this
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15 | State related thereto and conduct any other investigations | ||||||
16 | as may be provided
by law;
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17 | (2) employ skilled experts, technicians, | ||||||
18 | investigators, special agents, or
otherwise specially | ||||||
19 | qualified persons to aid in preventing or detecting crime,
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20 | apprehending criminals, or preparing and presenting | ||||||
21 | evidence of violations of
the criminal laws of the State;
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22 | (3) cooperate with the police of cities, villages, and | ||||||
23 | incorporated towns,
and with the police officers of any | ||||||
24 | county, in enforcing the laws of the State
and in making | ||||||
25 | arrests;
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26 | (4) provide, as may be required by law, assistance to |
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1 | local law
enforcement agencies through training, | ||||||
2 | management, and consultant services
for local law | ||||||
3 | enforcement agencies, pertaining to law enforcement | ||||||
4 | activities;
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5 | (5) exercise the rights, powers, and duties which have | ||||||
6 | been vested in
it by the Secretary of State Act and this | ||||||
7 | Code; and
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8 | (6) enforce and administer any other laws in relation | ||||||
9 | to law
enforcement as may be vested in the Secretary of | ||||||
10 | State Department of Police.
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11 | Persons within the Secretary of State Department of Police | ||||||
12 | who exercise
these powers are conservators of the peace and | ||||||
13 | have all the powers possessed
by policemen in municipalities | ||||||
14 | and sheriffs, and may exercise these powers
anywhere in the | ||||||
15 | State in cooperation with local
law enforcement officials. | ||||||
16 | These
persons may use false or fictitious names in the | ||||||
17 | performance of their duties
under this Section, upon approval | ||||||
18 | of the Director of Police-Secretary of
State, and shall not be | ||||||
19 | subject to prosecution under the criminal laws for that
use.
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20 | (e) The Secretary of State Department of Police may charge, | ||||||
21 | collect, and
receive fees or moneys equivalent to the cost of | ||||||
22 | providing its personnel,
equipment, and services to | ||||||
23 | governmental agencies when explicitly requested by
a | ||||||
24 | governmental agency and according to an intergovernmental | ||||||
25 | agreement or
memorandums of understanding as provided by this | ||||||
26 | Section, including but not
limited to fees or moneys equivalent |
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1 | to the cost of providing training to other
governmental | ||||||
2 | agencies on terms and conditions that in the judgment of the
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3 | Director of Police-Secretary of State are in the best interest | ||||||
4 | of the
Secretary of State. All fees received by the Secretary | ||||||
5 | of State Police
Department under this Act shall be deposited in | ||||||
6 | a special fund in the State
Treasury to be known as
the | ||||||
7 | Secretary of State Police Services Fund. The money deposited in | ||||||
8 | the
Secretary of State Police Services Fund shall be | ||||||
9 | appropriated to the Secretary
of State Department of Police as | ||||||
10 | provided for in subsection (g).
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11 | (f) The Secretary of State Department of Police may apply | ||||||
12 | for grants or
contracts and receive, expend, allocate, or | ||||||
13 | disburse moneys made
available by public or private entities, | ||||||
14 | including, but not limited to,
contracts,
bequests, grants, or | ||||||
15 | receiving equipment from corporations, foundations, or
public | ||||||
16 | or private institutions of higher learning.
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17 | (g) The Secretary of State Police Services Fund is hereby | ||||||
18 | created as a
special fund in the State Treasury. All moneys | ||||||
19 | received under this Section by
the Secretary of
State
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20 | Department of Police shall be deposited into the Secretary of | ||||||
21 | State Police
Services Fund to be appropriated to the Secretary | ||||||
22 | of State Department of Police
for purposes as indicated by the | ||||||
23 | grantor or contractor or, in the case of
moneys bequeathed or | ||||||
24 | granted for no specific purpose, for any purpose as
deemed | ||||||
25 | appropriate by the Director of Police-Secretary of State in
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26 | administering the responsibilities of the Secretary of State |
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1 | Department of
Police.
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2 | (h) A duty disabled Secretary of State Police officer is | ||||||
3 | authorized to carry a concealed weapon. However, the Director | ||||||
4 | of the Secretary of State Police may summarily revoke or | ||||||
5 | suspend that authorization for any one or more of the following | ||||||
6 | reasons: | ||||||
7 | (1) The officer is duty disabled due to a mental | ||||||
8 | illness or impairment that renders the officer a danger to | ||||||
9 | himself, herself, or others. | ||||||
10 | (2) The officer is being treated for alcohol, drug, or | ||||||
11 | substance abuse or with medications that could impair his | ||||||
12 | or her judgment or ability to safely operate a firearm. | ||||||
13 | (3) The officer is subject to a disciplinary action. | ||||||
14 | (4) The officer does not meet the minimum mandatory | ||||||
15 | annual active duty and retired officer handgun | ||||||
16 | qualification course of fire requirements established by | ||||||
17 | the Illinois Law Enforcement Training Standards Board. | ||||||
18 | (5) The authorization otherwise threatens public | ||||||
19 | safety. | ||||||
20 | Neither a revocation or suspension of authorization under | ||||||
21 | this Section nor the failure to revoke or suspend an | ||||||
22 | authorization under this Section shall be used to determine | ||||||
23 | whether a duty disabled Secretary of State Police officer is | ||||||
24 | qualified for active duty or to establish the liability of the | ||||||
25 | Secretary of State for the actions of the officer. Likewise, | ||||||
26 | neither the ability of a duty disabled Secretary of State |
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1 | Police officer to meet the minimum mandatory annual active duty | ||||||
2 | and retired officer handgun qualification course of fire | ||||||
3 | requirements nor any other demonstration of ability or fitness | ||||||
4 | required under this Section may be used to assess whether the | ||||||
5 | officer is qualified for active duty. | ||||||
6 | For the purposes of this Section, "duty disabled Secretary | ||||||
7 | of State Police officer" includes, without limitation, any | ||||||
8 | Secretary of State Police officer who is placed on duty | ||||||
9 | disability, occupational disability, or regular disability or | ||||||
10 | is receiving workers' compensation benefits. | ||||||
11 | (Source: P.A. 92-501, eff. 12-19-01.)".
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