Bill Text: IL SB2275 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Provides that a parole agent or parole supervisor must receive training in the use of firearms initially at the Illinois Department of Corrections Parole Academy and be certified as having successfully completing the training by the Illinois Law Enforcement Training Standards Board upon graduation of parole training at the Academy. Thereafter, the parole agent or supervisor must successfully complete firearms training required for his or her position with the Department of Corrections. Eliminates provision that the training shall be taken while off-duty. Eliminates requirement that the agent or supervisor must register the firearm with the Department of State Police and with any other local law enforcement agency that requires registration. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2275 Detail]

Download: Illinois-2011-SB2275-Amended.html

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Sen. John J. Millner

Filed: 3/29/2011

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AMENDMENT TO SENATE BILL 2275
AMENDMENT NO. ______. Amend Senate Bill 2275 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Police Training Act is amended by
changing Sections 10, 10.2, and 10.4 as follows:
(50 ILCS 705/10) (from Ch. 85, par. 510)
Sec. 10. The Board may make, amend and rescind such rules
and regulations as may be necessary to carry out the provisions
of this Act, including those relating to the annual
certification of retired law enforcement officers qualified
under federal law or the annual certification of retired parole
agents or parole supervisors qualified under Illinois law to
carry a concealed weapon. A copy of all rules and regulations
and amendments or rescissions thereof shall be filed with the
Secretary of State within a reasonable time after their
adoption. The schools certified by the Board and participating

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in the training program may dismiss from the school any trainee
prior to his completion of the course, if in the opinion of the
person in charge of the training school, the trainee is unable
or unwilling to satisfactorily complete the prescribed course
of training.
(Source: P.A. 94-103, eff. 7-1-05.)
(50 ILCS 705/10.2)
Sec. 10.2. Criminal background investigations.
(a) On and after July 1, 2005 (the effective date of Public
Act 94-103) the effective date of this amendatory Act of the
92nd General Assembly, an applicant for employment as a peace
officer, or for annual certification as a retired law
enforcement officer qualified under federal law or the annual
certification of a retired parole agent or parole supervisor
qualified under Illinois law to carry a concealed weapon, shall
authorize an investigation to determine if the applicant has
been convicted of any criminal offense that disqualifies the
person as a peace officer.
(b) No law enforcement agency may knowingly employ a
person, or certify a retired law enforcement officer qualified
under federal law or a retired parole agent or parole
supervisor qualified under Illinois law to carry a concealed
weapon, unless (i) a criminal background investigation of that
person has been completed and (ii) that investigation reveals
no convictions of offenses specified in subsection (a) of

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Section 6.1 of this Act.
(Source: P.A. 94-103, eff. 7-1-05.)
(50 ILCS 705/10.4)
Sec. 10.4. Weapon certification for retired law
enforcement officers. The Board may initiate, administer, and
conduct annual firearm certification courses consistent with
the requirements enumerated in the Peace Officer Firearm
Training Act for retired law enforcement officers qualified
under federal law or of retired parole agents or parole
supervisors qualified under Illinois law to carry a concealed
weapon.
(Source: P.A. 94-103, eff. 7-1-05.)
Section 10. The Peace Officer Firearm Training Act is
amended by changing Sections 1 and 3 as follows:
(50 ILCS 710/1) (from Ch. 85, par. 515)
Sec. 1. Definitions. As used in this Act:
(a) "Peace officer" means (i) any person who by virtue of
his office or public employment is vested by law with a primary
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, and who is employed in such capacity by any
county or municipality or (ii) any retired law enforcement
officers qualified under federal law or retired parole agents

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or parole supervisors qualified under Illinois law to carry a
concealed weapon.
(b) "Firearms" means any weapon or device defined as a
firearm in Section 1.1 of "An Act relating to the acquisition,
possession and transfer of firearms and firearm ammunition, to
provide a penalty for the violation thereof and to make an
appropriation in connection therewith", approved August 3,
1967, as amended.
(Source: P.A. 94-103, eff. 7-1-05.)
(50 ILCS 710/3) (from Ch. 85, par. 517)
Sec. 3. The Board is charged with enforcing this Act and
making inspections to insure compliance with its provisions,
and is empowered to promulgate rules necessary for its
administration and enforcement, including those relating to
the annual certification of retired law enforcement officers
qualified under federal law or the annual certification of
retired parole agents or parole supervisors qualified under
Illinois law to carry a concealed weapon. All units of
government or other agencies which employ or utilize peace
officers, or that certify retired law enforcement officers
qualified under federal law or that certify retired parole
agents or parole supervisors qualified under Illinois law to
carry a concealed weapon, shall cooperate with the Board by
furnishing relevant information which the Board may require.
The Executive Director of the Board shall report annually, no

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later than February 1, to the Board, with copies to the
Governor and the General Assembly, the results of these
inspections and provide other related information and
recommendations as it deems proper.
(Source: P.A. 94-103, eff. 7-1-05.)
Section 15. The Intergovernmental Law Enforcement
Officer's In-Service Training Act is amended by changing
Sections 2, 3, and 4 as follows:
(50 ILCS 720/2) (from Ch. 85, par. 562)
Sec. 2. Definitions.
"Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
"Director" means the Executive Director of the Board.
"Chairman" means the Chairman of the Board.
"Appointed Member" means a member of the Board appointed by
the Governor pursuant to the Illinois Police Training Act and
designated by the Director to serve on an Advisory Board.
"Mobile Team In-Service Training Unit" or "Mobile Team"
means an organization formed by a combination of units of local
government and the Board and established under this Act to
deliver in-service training at scheduled times and selected
sites within a geographic region to (i) local and State law
enforcement officers (whether employed on a full-time or
part-time basis) and (ii) retired law enforcement officers

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qualified under federal law or retired parole agents or parole
supervisors qualified under Illinois law to carry a concealed
weapon.
"Advisory Board" means a Board composed of a representative
number of county board members, mayors, chiefs of police, and
sheriffs of participating units of local government, and the
Director, Chairman or appointed member of the Illinois Law
Enforcement Training Standards Board. The composition and
number of each Advisory Board will be determined by the
participants. Members of the Advisory Board shall serve without
compensation but may be reimbursed for reasonable expenses
incurred in carrying out their duties.
"Unit of local government" means a unit of local government
as defined in Article VII, Section 1 of the Illinois
Constitution of 1970 and includes both home rule units and
units which are not home rule units.
(Source: P.A. 94-103, eff. 7-1-05.)
(50 ILCS 720/3) (from Ch. 85, par. 563)
Sec. 3. Powers and Duties.
(a) Powers and Duties of the Advisory Board.
(1) To incorporate as a general not-for-profit
corporation or other appropriate structure under Illinois
law.
(2) To adopt By-Laws and Operating Procedures.
(3) To designate a Financial Officer who is an elected

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local government official.
(4) To employ a coordinator and to approve the
employment of such other full or part-time staff as may be
required.
(5) To develop and approve the total budget for the
Mobile Team annually.
(6) To determine equitable formulae for providing the
local share of cost of the Mobile Team, and to assure
receipt of such funds from participating units of local
government.
(7) To oversee the development of training programs,
the delivery of training, and the proper expenditure of
funds.
(8) To carry out such other actions or activities
appropriate to the operation of the Mobile Team including
but not limited to contracting for services and supplies,
and purchase of furniture, fixtures, equipment and
supplies.
(9) To exercise all other powers and duties as are
reasonable to fulfill its functions in furtherance of the
purposes of this Act.
(b) Powers and Duties of the Illinois Law Enforcement
Training Standards Board.
(1) To act as the State agency participant on each
Mobile Team Advisory Board.
(2) To act as the State agency to coordinate the

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actions of Mobile Teams established in the State.
(3) To determine that the Mobile Team meets the
criteria for the receipt of funds from the State in
accordance with Section 4 of this Act.
(4) To budget for and authorize quarterly disbursement
of State funds up to 50% of the total approved budget of
the eligible Mobile Team.
(5) To establish such reasonable rules and regulations
as the Director deems necessary to carry out the duties
described in this Act, including those relating to the
annual certification of retired law enforcement officers
qualified under federal law or the annual certification of
retired parole agents or parole supervisors qualified
under Illinois law to carry a concealed weapon.
(c) Powers and Duties of the Coordinator of an Advisory
Board.
(1) To manage and coordinate the ongoing operations of
the Mobile Team.
(2) To employ and supervise additional authorized full
or part-time staff.
(3) To arrange for qualified instructors from among the
employees of State, local or federal Departments or
agencies wherever practical and to obtain other
instructional services as required.
(Source: P.A. 94-103, eff. 7-1-05.)

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(50 ILCS 720/4) (from Ch. 85, par. 564)
Sec. 4. State Funding-Minimum Criteria. A Mobile Team
In-Service Training Unit which meets the minimum criteria
established in this Section is eligible to receive State funds
to help defray the costs of operation. To be eligible a Mobile
Team must:
(1) Be established and operating pursuant to the
Intergovernmental Cooperation Section Article VII, Section 10,
of the Illinois Constitution of 1970 and must involve two or
more units of local government including at least one county
and the Board.
(2) Establish an Advisory Board composed of elected local
officials and chief law enforcement officers from
participating units of local government and the Director,
Chairman or appointed member of the Board to oversee the
operations of the Mobile Team and make such reports to the
Board as the Board may require.
(3) Designate an elected local official to act as the
financial officer of the Mobile Team for all participating
units of government, and to receive and expend funds for the
operation of the Mobile Team.
(4) Limit its operations to in-service training of law
enforcement personnel employed by the State, by units of local
government or by the Federal government or their agencies and
departments in the administration of justice or retired law
enforcement officers qualified under federal law or retired

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parole agents or parole supervisors qualified under Illinois
law to carry a concealed weapon.
(5) Cooperate with the Board in order to assure compliance
with this Act and to enable the Board to fulfill its duties
under this Act, and to supply the Board with such information
as the Board deems necessary therefor.
(6) Receive funding of up to 50% of the total approved
budget of the Mobile Team from the participating units of local
government.
(Source: P.A. 94-103, eff. 7-1-05.)
Section 20. The Unified Code of Corrections is amended by
changing Section 3-14-1.5 as follows:
(730 ILCS 5/3-14-1.5)
Sec. 3-14-1.5. Parole agents and parole supervisors;
off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
Section 24-1.6 of the Criminal Code of 1961 do not apply to
parole agents and parole supervisors who meet the following
conditions:
(1) The parole agent or parole supervisor must receive
training in the use of firearms while off-duty conducted by the
Illinois Law Enforcement Training Standards Board and be
certified as having successfully completing such training by
the Board. The Board shall determine the amount of such
training and the course content for such training. The parole

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agent or parole supervisor shall requalify for the firearms
training annually at a State range certified by the Illinois
Law Enforcement Training Standards Board. The expenses of such
retraining shall be paid by the parole agent or parole
supervisor and moneys for such requalification shall be
expended at the request of the Illinois Law Enforcement
Training Standards Board.
(2) The parole agent or parole supervisor shall purchase
such firearm at his or her own expense and shall register the
firearm with the Illinois Department of State Police and with
any other local law enforcement agencies that require such
registration.
(3) The parole agent or parole supervisor may not carry any
Illinois Department of Corrections State issued firearm while
off-duty. A person who violates this paragraph (3) is subject
to disciplinary action by the Illinois Department of
Corrections.
(4) Parole agents and supervisors who are discharged from
employment of the Illinois Department of Corrections shall no
longer be considered law enforcement officials and all their
rights as law enforcement officials shall be revoked
permanently.
(5) Retired parole agents and supervisors who were not
terminated from employment due to disciplinary action or mental
instability and who were otherwise in good standing with the
Department may continue to carry a concealed firearm in

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Illinois subject to the following criteria and limitations:
(A) the retired parole agent or supervisor must not
otherwise be prohibited by Illinois or federal law from
receiving or carrying a firearm;
(B) the retired parole agent or supervisor must have
been employed as a parole agent, parole supervisor, or law
enforcement officer for an aggregate of 15 years or more;
(C) the retired parole agent or supervisor must have
met the State's standards for training and qualification to
carry firearms during the most recent 12 month period;
(D) the retired parole agent or supervisor must not be
under the influence of alcohol or another intoxicating or
hallucinatory drug or substance;
(E) the retired parole agent or supervisor may only
possess the types and quantities of firearms that are
authorized by federal law under the Law Enforcement
Officers Safety Act of 2004.
Those individuals who qualify must apply to the Illinois
Retired Officer Concealed Carry program which is supervised by
the Illinois Law Enforcement Training Standards Board and shall
be subject to the same certification and annual
re-certification as retired law enforcement officers who are
authorized by federal law to carry a firearm under the Law
Enforcement Officers Safety Act of 2004.
(Source: P.A. 96-230, eff. 1-1-10; revised 9-16-10.)

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Section 99. Effective date. This Act takes effect upon
becoming law.".