Bill Text: IL SB1768 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that the position of police chief shall be elected by the registered voters of each municipality with a police department starting at the 2024 general election. Provides that a police chief shall enter upon the duties of his or her office on the December 1 following his or her election, and, on December 1, 2024, the term of any appointed police chief expires. Establishes qualifications for police chiefs. Makes conforming changes. Amends the Election Code to make conforming changes. Effective immediately, except that the changes to the Civil Service In Cities Division and the Board Of Fire and Police Commissioners Division of the Illinois Municipal Code take effect on December 1, 2024.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-09 - Referred to Assignments [SB1768 Detail]

Download: Illinois-2023-SB1768-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1768 Introduced 2/9/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-56 new
65 ILCS 5/3.1-15-5 from Ch. 24, par. 3.1-15-5
65 ILCS 5/3.1-15-11 new
65 ILCS 5/3.1-15-15 from Ch. 24, par. 3.1-15-15
65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7
65 ILCS 5/10-2.1-4 from Ch. 24, par. 10-2.1-4
65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
65 ILCS 5/10-2.1-17 from Ch. 24, par. 10-2.1-17
Amends the Illinois Municipal Code. Provides that the position of police chief shall be elected by the registered voters of each municipality with a police department starting at the 2024 general election. Provides that a police chief shall enter upon the duties of his or her office on the December 1 following his or her election, and, on December 1, 2024, the term of any appointed police chief expires. Establishes qualifications for police chiefs. Makes conforming changes. Amends the Election Code to make conforming changes. Effective immediately, except that the changes to the Civil Service In Cities Division and the Board Of Fire and Police Commissioners Division of the Illinois Municipal Code take effect on December 1, 2024.
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A BILL FOR
SB1768 LRB103 28448 AWJ 54828 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by adding Section
2A-56 as follows:
(10 ILCS 5/2A-56 new)
Sec. 2A-56. Police chief; time of election. The police
chief of each municipality shall be elected at the general
election in 2024 and at the general election every 4 years
thereafter.
Section 10. The Illinois Municipal Code is amended by
changing Sections 3.1-15-5, 3.1-15-15, 10-1-7, 10-2.1-4,
10-2.1-6, and 10-2.1-17 and by adding Section 3.1-15-11 as
follows:
(65 ILCS 5/3.1-15-5) (from Ch. 24, par. 3.1-15-5)
Sec. 3.1-15-5. Officers to be elected. In all cities
incorporated under this Code there shall be elected a mayor,
alderpersons, a city clerk, and a city treasurer (except in
the case of a city of 10,000 or fewer inhabitants that, by
ordinance, allows for the appointment of a city treasurer by
the mayor, subject to the advice and consent of the city

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council), and a police chief. In all villages and incorporated
towns, there shall be elected a president, trustees, and a
clerk, and a police chief, except as otherwise provided in
this Code. A police chief shall only be elected if the
municipality has a police department.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/3.1-15-11 new)
Sec. 3.1-15-11. Police chief.
(a) The position of police chief shall be elected by the
registered voters of each municipality with a police
department starting the 2024 general election. The police
chief shall enter upon the duties of his or her office on the
December 1 following his or her election. On December 1, 2024,
the term of any appointed police chief expires.
(b) A person is not eligible to be elected or appointed to
the office of police chief unless that person:
(1) is a United States citizen;
(2) has been a resident of the municipality for at
least one year;
(3) has not been convicted of a felony; and
(4) has a certificate attesting to his or her
successful completion of the Minimum Standards Basic Law
Enforcement Officers Training Course as prescribed by the
Illinois Law Enforcement Training Standards Board or a
substantially similar training program of another state or

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the federal government.
(65 ILCS 5/3.1-15-15) (from Ch. 24, par. 3.1-15-15)
Sec. 3.1-15-15. Holding other offices. A mayor, president,
alderperson, trustee, clerk, or treasurer, or police chief
shall not hold any other office under the municipal government
during the term of that office, except when the officer is
granted a leave of absence from that office or except as
otherwise provided in Sections 3.1-10-50, 3.1-35-135, and
8-2-9.1. Moreover, an officer may serve as a volunteer fireman
and receive compensation for that service.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are
subject to examination. The examination shall be public,
competitive, and open to all citizens of the United States,
with specified limitations as to residence, age, health,
habits and moral character.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that

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municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
Code of 1961 or the Criminal Code of 2012 or arrested for any
cause but not convicted on that cause shall be disqualified
from taking the examination on grounds of habits or moral
character, unless the person is attempting to qualify for a
position on the police department, in which case the
conviction or arrest may be considered as a factor in
determining the person's habits or moral character.
(d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer under Section 3.1-30-20
for at least 5 years and is under 40 years of age.
(e) All employees of a municipality of less than 500,000

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population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division
1, or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
(f) The examinations shall be practical in their
character, and shall relate to those matters that will fairly
test the relative capacity of the persons examined to
discharge the duties of the positions to which they seek to be
appointed. The examinations shall include tests of physical
qualifications, health, and (when appropriate) manual skill.
If an applicant is unable to pass the physical examination
solely as the result of an injury received by the applicant as
the result of the performance of an act of duty while working
as a temporary employee in the position for which he or she is
being examined, however, the physical examination shall be

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waived and the applicant shall be considered to have passed
the examination. No questions in any examination shall relate
to political or religious opinions or affiliations. Results of
examinations and the eligible registers prepared from the
results shall be published by the commission within 60 days
after any examinations are held.
(g) The commission shall control all examinations, and
may, whenever an examination is to take place, designate a
suitable number of persons, either in or not in the official
service of the municipality, to be examiners. The examiners
shall conduct the examinations as directed by the commission
and shall make a return or report of the examinations to the
commission. If the appointed examiners are in the official
service of the municipality, the examiners shall not receive
extra compensation for conducting the examinations unless the
examiners are subject to a collective bargaining agreement
with the municipality. The commission may at any time
substitute any other person, whether or not in the service of
the municipality, in the place of any one selected as an
examiner. The commission members may themselves at any time
act as examiners without appointing examiners. The examiners
at any examination shall not all be members of the same
political party.
(h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or

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a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
(i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her
35th birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he
or she reaches 21 years of age.
(k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
(l) No municipality having a population less than
1,000,000 shall require that any fireman appointed to the
lowest rank serve a probationary employment period of longer

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than one year. The limitation on periods of probationary
employment provided in Public Act 86-990 is an exclusive power
and function of the State. Pursuant to subsection (h) of
Section 6 of Article VII of the Illinois Constitution, a home
rule municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
(m) To the extent that this Section or any other Section in
this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
then Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 102-813, eff. 5-13-22.)
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; appointment of
members; certificates of appointments. The board of fire and
police commissioners shall appoint all officers and members of
the fire and police departments of the municipality, including
the chief of police and the chief of the fire department,
unless the council or board of trustees shall by ordinance as

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to them otherwise provide; except as otherwise provided in
this Section, and except that in any municipality which adopts
or has adopted this Division 2.1 and also adopts or has adopted
Article 5 of this Code, the chief of police and the chief of
the fire department shall be appointed by the municipal
manager, if it is provided by ordinance in such municipality
that the chief such chiefs, or either of them, shall not be
appointed by the board of fire and police commissioners.
If the chief of the fire department is or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, the chief they may be removed or
discharged by the appointing authority. In such case the
appointing authority shall file with the corporate authorities
the reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities.
After January 1, 2019 (the effective date of Public Act
100-1126), a person shall not be appointed as the chief, the
acting chief, the department head, or a position, by whatever
title, that is responsible for day-to-day operations of a fire
department for greater than 180 days unless he or she
possesses the following qualifications and certifications:
(1) Office of the State Fire Marshal Basic Operations
Firefighter Certification or Office of the State Fire
Marshal Firefighter II Certification; Office of the State
Fire Marshal Advanced Fire Officer Certification or Office

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of the State Fire Marshal Fire Officer II Certification;
and an associate degree in fire science or a bachelor's
degree from an accredited university or college;
(2) a current certification from the International
Fire Service Accreditation Congress or Pro Board Fire
Service Professional Qualifications System that meets the
National Fire Protection Association standard NFPA 1001,
Standard for Fire Fighter Professional Qualifications,
Level I job performance requirements; a current
certification from the International Fire Service
Accreditation Congress or Pro Board Fire Service
Professional Qualifications System that meets the National
Fire Protection Association standard NFPA 1021, Standard
for Fire Officer Professional Qualifications, Fire Officer
II job performance requirements; and an associate degree
in fire science or a bachelor's degree from an accredited
university or college;
(3) qualifications that meet the National Fire
Protection Association standard NFPA 1001, Standard for
Fire Fighter Professional Qualifications, Level I job
performance requirements; qualifications that meet the
National Fire Protection Association standard NFPA 1021,
Standard for Fire Officer Professional Qualifications,
Fire Officer II job performance requirements; and an
associate degree in fire science or a bachelor's degree
from an accredited university or college; or

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(4) a minimum of 10 years' experience as a firefighter
at the fire department in the jurisdiction making the
appointment.
This paragraph applies to fire departments that employ
firefighters hired under the provisions of this Division. On
and after January 1, 2019 (the effective date of Public Act
100-1126), a home rule municipality may not appoint a fire
chief, an acting chief, a department head, or a position, by
whatever title, that is responsible for day-to-day operations
of a fire department for greater than 180 days in a manner
inconsistent with this paragraph. This paragraph is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
If a member of the department is elected appointed chief
of police or appointed chief of the fire department prior to
being eligible to retire on pension, he shall be considered as
on furlough from the rank he held immediately prior to his
appointment as chief. If he resigns as chief or is discharged
as chief prior to attaining eligibility to retire on pension,
he shall revert to and be established in whatever rank he
currently holds, except for previously appointed positions,
and thereafter be entitled to all the benefits and emoluments
of that rank, without regard as to whether a vacancy then
exists in that rank.
All appointments to each department other than that of the

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lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the fire department police and fire departments, respectively,
regardless of rank, unless the council or board of trustees
shall have by ordinance as to them otherwise provided. A chief
of police or the chief of the fire department, having been
appointed from among members of the police or fire department,
respectively, shall be permitted, regardless of rank, to take
promotional exams and be promoted to a higher classified rank
than he currently holds, without having to resign as chief of
police or chief of the fire department.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality
shall be signed by the chairman and secretary respectively of
the board of fire and police commissioners of such
municipality, upon appointment of such officer or member of
the fire and police department of such municipality by action
of the board of fire and police commissioners. After being
selected from the register of eligibles to fill a vacancy in
the affected department, each appointee shall be presented
with his or her certificate of appointment on the day on which
he or she is sworn in as a classified member of the affected

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department. Firefighters who were not issued a certificate of
appointment when originally appointed shall be provided with a
certificate within 10 days after making a written request to
the chairperson of the Board of Fire and Police Commissioners.
In any municipal fire department that employs full-time
firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular
appointment under the provisions of this Division 2.1 shall
not be used as a temporary or permanent substitute for
classified members of a municipality's fire department or for
regular appointment as a classified member of a municipality's
fire department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Municipal fire departments
covered by the changes made by Public Act 95-490 that are using
non-certificated employees as substitutes immediately prior to
June 1, 2008 (the effective date of Public Act 95-490) may, by
mutual agreement with the certified bargaining agent, continue
the existing practice or a modified practice and that
agreement shall be considered a permissive subject of
bargaining. A home rule unit may not regulate the hiring of
temporary or substitute members of the municipality's fire
department in a manner that is inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised

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by the State.
The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
Any full-time member of a regular fire or police
department of any municipality which comes under the
provisions of this Division or adopts this Division 2.1 or
which has adopted any of the prior Acts pertaining to fire and
police commissioners, is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-home rule
municipality of more than 130,000 inhabitants may, without the
advice or consent of the Board of Fire and Police
Commissioners, appoint up to 6 officers who shall be known as
deputy chiefs or assistant deputy chiefs, and whose rank shall
be immediately below that of Chief. The deputy or assistant
deputy chiefs may be appointed from any rank of sworn officers
of that municipality, but no person who is not such a sworn
officer may be so appointed. Such deputy chief or assistant
deputy chief shall have the authority to direct and issue
orders to all employees of the Department holding the rank of
captain or any lower rank. A deputy chief of police or
assistant deputy chief of police, having been appointed from
any rank of sworn officers of that municipality, shall be
permitted, regardless of rank, to take promotional exams and
be promoted to a higher classified rank than he currently

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holds, without having to resign as deputy chief of police or
assistant deputy chief of police.
Notwithstanding any other provision of this Section, a
non-home rule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide
for no more than one deputy chief position if the police
department has fewer than 25 full-time police officers and for
no more than 2 deputy chief positions if the police department
has 25 or more full-time police officers. The deputy chief
position shall be an exempt rank immediately below that of
Chief. The deputy chief may be appointed from any rank of
sworn, full-time officers of the municipality's police
department, but must have at least 5 years of full-time
service as a police officer in that department. A deputy chief
shall serve at the discretion of the Chief and, if removed from
the position, shall revert to the rank currently held, without
regard as to whether a vacancy exists in that rank. A deputy
chief of police, having been appointed from any rank of sworn
full-time officers of that municipality's police department,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as deputy chief of
police.
No municipality having a population less than 1,000,000

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shall require that any firefighter appointed to the lowest
rank serve a probationary employment period of longer than one
year. The limitation on periods of probationary employment
provided in Public Act 86-990 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff.
7-12-19.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants;
disqualifications.

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(a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may not
charge or collect any fee from an applicant who has met all
prequalification standards established by the municipality for
any such position. With respect to a police department, a
veteran shall be allowed to exceed the maximum age provision
of this Section by the number of years served on active
military duty, but by no more than 10 years of active military
duty.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his period of service for that municipality,
or be made a condition of promotion, except for the rank or
position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,

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31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
Code of 1961 or the Criminal Code of 2012, or arrested for any
cause but not convicted on that cause shall be disqualified
from taking the examination to qualify for a position in the
fire department on grounds of habits or moral character.
(d) The age limitation in subsection (a) does not apply
(i) to any person previously employed as a policeman or
fireman in a regularly constituted police or fire department
of (I) any municipality, regardless of whether the
municipality is located in Illinois or in another state, or
(II) a fire protection district whose obligations were assumed
by a municipality under Section 21 of the Fire Protection
District Act, (ii) to any person who has served a municipality
as a regularly enrolled volunteer fireman for 5 years
immediately preceding the time that municipality begins to use
full time firemen to provide all or part of its fire protection
service, or (iii) to any person who has served as an auxiliary
police officer under Section 3.1-30-20 for at least 5 years
and is under 40 years of age, (iv) to any person who has served
as a deputy under Section 3-6008 of the Counties Code and
otherwise meets necessary training requirements, or (v) to any
person who has served as a sworn officer as a member of the
Illinois State Police.
(e) Applicants who are 20 years of age and who have

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successfully completed 2 years of law enforcement studies at
an accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to
active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
(f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality may be considered for appointment to
active duty with the fire department of any municipality.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed
to the police or fire department if he or she does not possess
a high school diploma or an equivalent high school education.
A board of fire and police commissioners may, by its rules,
require police applicants to have obtained an associate's
degree or a bachelor's degree as a prerequisite for
employment. The examinations shall include tests of physical
qualifications and health. A board of fire and police

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commissioners may, by its rules, waive portions of the
required examination for police applicants who have previously
been full-time sworn officers of a regular police department
in any municipal, county, university, or State law enforcement
agency, provided they are certified by the Illinois Law
Enforcement Training Standards Board and have been with their
respective law enforcement agency within the State for at
least 2 years. No person shall be appointed to the police or
fire department if he or she has suffered the amputation of any
limb unless the applicant's duties will be only clerical or as
a radio operator. No applicant shall be examined concerning
his or her political or religious opinions or affiliations.
The examinations shall be conducted by the board of fire and
police commissioners of the municipality as provided in this
Division 2.1.
The requirement that a police applicant possess an
associate's degree under this subsection may be waived if one
or more of the following applies: (1) the applicant has served
for 24 months of honorable active duty in the United States
Armed Forces and has not been discharged dishonorably or under
circumstances other than honorable; (2) the applicant has
served for 180 days of active duty in the United States Armed
Forces in combat duty recognized by the Department of Defense
and has not been discharged dishonorably or under
circumstances other than honorable; or (3) the applicant has
successfully received credit for a minimum of 60 credit hours

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toward a bachelor's degree from an accredited college or
university.
The requirement that a police applicant possess a
bachelor's degree under this subsection may be waived if one
or more of the following applies: (1) the applicant has served
for 36 months of honorable active duty in the United States
Armed Forces and has not been discharged dishonorably or under
circumstances other than honorable or (2) the applicant has
served for 180 days of active duty in the United States Armed
Forces in combat duty recognized by the Department of Defense
and has not been discharged dishonorably or under
circumstances other than honorable.
(i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
(j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude. No
person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,

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subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
paragraphs (1), (6), and (8) of subsection (a) of Section 24-1
of the Criminal Code of 1961 or the Criminal Code of 2012, or
arrest for any cause without conviction on that cause. Any
such person who is in the department may be removed on charges
brought and after a trial as provided in this Division 2.1.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of
charges; retirement. Except as hereinafter provided, no
officer or member of the fire or police department of any
municipality subject to this Division 2.1 shall be removed or
discharged except for cause, upon written charges, and after
an opportunity to be heard in his own defense. The hearing
shall be as hereinafter provided, unless the employer and the
labor organization representing the person have negotiated an
alternative or supplemental form of due process based upon
impartial arbitration as a term of a collective bargaining
agreement. Such bargaining shall be mandatory unless the
parties mutually agree otherwise. Any such alternative
agreement shall be permissive.
If the chief of the fire department is or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, the chief they may be removed or
discharged by the appointing authority. In such case the

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appointing authority shall file with the corporate authorities
the reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities. The board of fire
and police commissioners shall conduct a fair and impartial
hearing of the charges, to be commenced within 30 days of the
filing thereof, which hearing may be continued from time to
time. In case an officer or member is found guilty, the board
may discharge him, or may suspend him not exceeding 30 days
without pay. The board may suspend any officer or member
pending the hearing with or without pay, but not to exceed 30
days. If the Board of Fire and Police Commissioners determines
that the charges are not sustained, the officer or member
shall be reimbursed for all wages withheld, if any. In the
conduct of this hearing, each member of the board shall have
power to administer oaths and affirmations, and the board
shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and
papers relevant to the hearing.
The age for retirement of policemen or firemen in the
service of any municipality which adopts this Division 2.1 is
65 years, unless the Council or Board of Trustees shall by
ordinance provide for an earlier retirement age of not less
than 60 years.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted

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pursuant thereto, shall apply to and govern all proceedings
for the judicial review of final administrative decisions of
the board of fire and police commissioners hereunder. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
Nothing in this Section shall be construed to prevent the
chief of the fire department or the chief of the police
department from suspending without pay a member of his
department for a period of not more than 5 calendar days, but
he shall notify the board in writing of such suspension. The
hearing shall be as hereinafter provided, unless the employer
and the labor organization representing the person have
negotiated an alternative or supplemental form of due process
based upon impartial arbitration as a term of a collective
bargaining agreement. Such bargaining shall be mandatory
unless the parties mutually agree otherwise. Any such
alternative agreement shall be permissive.
Any policeman or fireman so suspended may appeal to the
board of fire and police commissioners for a review of the
suspension within 5 calendar days after such suspension, and
upon such appeal, the board may sustain the action of the chief
of the department, may reverse it with instructions that the
man receive his pay for the period involved, or may suspend the
officer for an additional period of not more than 30 days or
discharge him, depending upon the facts presented.
(Source: P.A. 95-356, eff. 8-23-07.)

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Section 99. Effective date. This Act takes effect upon
becoming law, except that the changes to Sections 10-1-7,
10-2.1-4, 10-2.1-6, and 10-2.1-17 of the Illinois Municipal
Code take effect on December 1, 2024.