Bill Text: IL HB3872 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that auxiliary deputies may aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism. Further provides for training and residency requirements for auxiliary deputies assigned to perform duties to aid special law enforcement teams. Amends the Illinois Municipal Code with similar changes concerning auxiliary officers. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3872 Detail]

Download: Illinois-2015-HB3872-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3872 Introduced , by Rep. Michael Unes SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6012 from Ch. 34, par. 3-6012
55 ILCS 5/3-6013 from Ch. 34, par. 3-6013
65 ILCS 5/3.1-30-20 from Ch. 24, par. 3.1-30-20
Amends the Counties Code. Provides that auxiliary deputies may aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism. Further provides for training and residency requirements for auxiliary deputies assigned to perform duties to aid special law enforcement teams. Amends the Illinois Municipal Code with similar changes concerning auxiliary officers. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-6012 and 3-6013 as follows:
(55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)
Sec. 3-6012. Auxiliary deputies. The sheriff of any county
in Illinois may, with the advice and consent of the county
board appoint auxiliary deputies in such number as the county
board shall from time to time deem necessary. However, such
number of appointed auxiliary deputies shall not increase,
except for auxiliary deputies appointed to a special law
enforcement team pursuant to Section 3-6013, after January 1,
1982 if vacancies exist within the certified ranks of the
department. Such auxiliary deputies shall not be regular
appointed deputies pursuant to Section 3-6008, nor shall they
be members of a county police department established pursuant
to Divisions 3-7 and 3-8.
(Source: P.A. 86-962.)
(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
Sec. 3-6013. Duties, training and compensation of
auxiliary deputies. Auxiliary deputies shall not supplement

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members of the regular county police department or regular
deputies in the performance of their assigned and normal
duties, except as provided herein. Auxiliary deputies may be
assigned and directed by the sheriff to perform the following
duties in the county:
To aid or direct traffic within the county; , to aid in
control of natural or human made disasters; , to aid in case of
civil disorder; and to aid special law enforcement teams
involved in, but not limited to, searches and rescues, civil
disturbances, bomb threat responses, tactical or special
operations team deployments, hostage negotiations, hazmat
responses, executive and dignitary protection, and
counter-terrorism as assigned and directed by the sheriff,
provided, that in emergency cases which render it impractical
for members of the regular county police department or regular
deputies to perform their assigned and normal duties, the
sheriff is hereby authorized to assign and direct auxiliary
deputies to perform such regular and normal duties.
Identification symbols worn by such auxiliary deputies shall be
different and distinct from those used by members of the
regular county police department or regular deputies. Such
auxiliary deputies shall at all times during the performance of
their duties be subject to the direction and control of the
sheriff of the county. Such auxiliary deputies shall not carry
firearms, except with the permission of the sheriff, and only
while in uniform and in the performance of their assigned

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duties.
Auxiliary deputies, prior to entering upon any of their
duties, shall receive a course of training in the use of
weapons and other police procedures as shall be appropriate in
the exercise of the powers conferred upon them under this
Division, which training and course of study shall be
determined and provided by the sheriff of each county utilizing
auxiliary deputies, provided that, before being permitted to
carry a firearm an auxiliary deputy must have the same course
of training as required of peace officers in Section 2 of the
Peace Officer and Probation Officer Firearm Training Act.
Auxiliary deputies assigned to perform duties to aid special
law enforcement teams shall have completed acceptable training
as designated and approved by the sheriff or the Law
Enforcement Training Standards Board. The county authorities
shall require that all auxiliary deputies be residents of the
county served by them. However, auxiliary deputies assigned to
perform duties to aid special law enforcement teams may reside
outside the limits of the county with the approval of the
sheriff. Prior to the appointment of any auxiliary deputy his
or her fingerprints shall be taken and no person shall be
appointed as such auxiliary deputy if he or she has been
convicted of a felony or other crime involving moral turpitude.
Auxiliary deputies may receive such compensation as is set
by the County Board, with the advice and consent of the
Sheriff, not to exceed the lowest hourly pay of a full-time

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sworn member of the regular county police or sheriff's
department and not be paid a salary, except as provided in
Section 3-6036, but may be reimbursed for actual expenses
incurred in performing their assigned duty. The County Board
must approve such actual expenses and arrange for payment.
Nothing in this Division shall preclude an auxiliary deputy
from holding a simultaneous appointment as an auxiliary police
officer pursuant to Section 3-6-5 of the Illinois Municipal
Code.
For purposes of this Section, "special law enforcement
team" shall include a team or unit operating entirely within
the State of Illinois, unless otherwise authorized by law or
interstate compact, including, but not limited to, a search and
rescue team, a civil disturbance unit, a Special Weapons and
Tactics (SWAT) team, and a special operations team.
(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)
Section 10. The Illinois Municipal Code is amended by
changing Section 3.1-30-20 as follows:
(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
Sec. 3.1-30-20. Auxiliary police officers.
(a) Auxiliary police officers shall not be members of the
regular police department of the municipality. Auxiliary
police officers shall not supplement members of the regular
police department of any municipality in the performance of

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their assigned and normal duties, except as otherwise provided
in this Code. Auxiliary police officers shall only be assigned
to perform the following duties in a municipality: (i) to aid
or direct traffic within the municipality, (ii) to aid in
control of natural or man made disasters, and (iii) to aid in
case of civil disorder as directed by the chief of police, and
(iv) to aid special law enforcement teams involved in, but not
limited to, searches and rescues, civil disturbances, bomb
threat responses, tactical or special operations team
deployments, hostage negotiations, hazmat responses, executive
and dignitary protection, and counter-terrorism. Auxiliary
officers assigned to perform duties pursuant to part (iv) of
this subsection shall have completed acceptable training as
designated and approved by the chief of police or the Law
Enforcement Training Standards Board. When it is impractical
for members of the regular police department to perform those
normal and regular police duties, however, the chief of police
of the regular police department may assign auxiliary police
officers to perform those normal and regular police duties.
Identification symbols worn by auxiliary police officers shall
be different and distinct from those used by members of the
regular police department. Auxiliary police officers shall at
all times during the performance of their duties be subject to
the direction and control of the chief of police of the
municipality. Auxiliary police officers shall not carry
firearms, except with the permission of the chief of police and

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while in uniform and in the performance of their duties.
Auxiliary police officers, when on duty, shall also be
conservators of the peace and shall have the powers specified
in Section 3.1-15-25. For purposes of this Section, "special
law enforcement team" shall include a team or unit operating
entirely within the State of Illinois, unless otherwise
authorized by law or interstate compact, including, but not
limited to, a search and rescue team, a civil disturbance unit,
a Special Weapons and Tactics (SWAT) team, and a special
operations team.
(b) Auxiliary police officers, before entering upon any of
their duties, shall receive a course of training in the use of
weapons and other police procedures appropriate for the
exercise of the powers conferred upon them under this Code. The
training and course of study shall be determined and provided
by the corporate authorities of each municipality employing
auxiliary police officers. Before being permitted to carry a
firearm, however, an auxiliary police officer must have the
same course of training as required of peace officers under
Section 2 of the Peace Officer and Probation Officer Firearm
Training Act. The municipal authorities may require that all
auxiliary police officers be residents of the municipality
served by them. However, auxiliary officers assigned to perform
duties pursuant to part (iv) of subsection (a) may reside
outside the limits of the municipality with the approval of the
chief of police. Before the appointment of an auxiliary police

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officer, the person's fingerprints shall be taken, and no
person shall be appointed as an auxiliary police officer if
that person has been convicted of a felony or other crime
involving moral turpitude.
(c) The Line of Duty Compensation Act shall be applicable
to auxiliary police officers upon their death in the line of
duty described in this Code.
(Source: P.A. 98-725, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.