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SB0450 Engrossed |
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LRB095 09964 HLH 30176 b |
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| AN ACT concerning law enforcement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Sections 3.1-15-25 and 3.1-30-5 as follows:
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| (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
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| Sec. 3.1-15-25. Conservators of the peace; service of |
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| warrants.
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| (a) After receiving a certificate attesting to the |
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| successful completion
of
a training course administered by the |
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| Illinois Law Enforcement Training
Standards Board, the mayor, |
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| aldermen,
president, trustees, marshal, deputy
marshals, and
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| policemen in municipalities shall be conservators
of the peace. |
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| Conservators of the peace
Those persons and others authorized |
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| by
ordinance shall have power (i) to arrest or cause to be |
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| arrested, with or
without process, all persons who break the |
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| peace or are found violating
any municipal ordinance or any |
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| criminal law of the State, (ii) to commit
arrested persons for |
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| examination, (iii) if necessary, to detain arrested
persons in |
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| custody over night or Sunday in any safe place or until they
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| can be brought before the proper court, and (iv) to exercise |
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| all other
powers as conservators of the peace prescribed by the |
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| corporate authorities.
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SB0450 Engrossed |
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LRB095 09964 HLH 30176 b |
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| (b) All warrants for the violation of municipal ordinances |
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| or the State
criminal law, directed to any person, may be |
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| served and executed within the
limits of a municipality by any |
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| policeman or marshal of the
municipality. For that purpose, |
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| policemen and marshals have all the
common law and statutory |
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| powers of sheriffs.
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| (Source: P.A. 90-540, eff. 12-1-97.)
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| (65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
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| Sec. 3.1-30-5. Appointed officers in all municipalities.
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| (a) The mayor or president, as the case may be, by and with |
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| the advice
and consent of the city council or the board
of |
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| trustees, may appoint (1) a treasurer (if the treasurer is not |
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| an
elected position in the municipality), (2) a collector, (3) |
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| a
comptroller, (4) a marshal, (5) an attorney or a corporation |
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| counsel, (5)
(6)
one or more purchasing agents and deputies, |
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| (6)
(7) the number of auxiliary police officers determined |
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| necessary by the corporate authorities, (7)
(8)
police matrons, |
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| (8)
(9) a commissioner of public works, (9)
(10) a budget |
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| director
or a budget officer, and (10)
(11) other officers
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| necessary to carry into effect the powers conferred upon |
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| municipalities.
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| (b) By ordinance or resolution to take effect at the end of |
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| the current
fiscal year, the corporate authorities, by a |
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| two-thirds vote, may discontinue
any appointed office and |
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| devolve the duties of that office on any other
municipal |
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SB0450 Engrossed |
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LRB095 09964 HLH 30176 b |
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| officer. After discontinuance, no officer filling the office |
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| before
its discontinuance shall have any claim against the |
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| municipality for salary
alleged to accrue after the date of |
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| discontinuance.
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| (c) Vacancies in all appointed municipal offices may be |
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| filled in the same
manner as appointments are made under |
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| subsection (a). The city council or board
of trustees of a |
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| municipality, by ordinance not inconsistent with this Code,
may |
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| prescribe the duties, define the powers, and fix the term of |
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| office of all
appointed officers of the municipality; but the |
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| term of office, except as
otherwise expressly provided in this |
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| Code, shall not exceed that of the mayor
or president of the |
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| municipality.
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| (d) An appointed officer of a municipality may resign from |
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| his or her
office. If an appointed officer resigns, he or she |
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| shall continue in office
until a successor has been chosen and |
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| has qualified. If there is a failure to
appoint a municipal |
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| officer, or the person appointed fails to qualify, the
person |
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| filling the office shall continue in office until a successor |
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| has been
chosen and has qualified. If an appointed municipal |
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| officer ceases to perform
the duties of or to hold the office |
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| by reason of death, permanent physical or
mental disability, |
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| conviction of a disqualifying crime, or dismissal from or
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| abandonment of office, the mayor or president of the |
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| municipality may appoint a
temporary successor to the officer.
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| (Source: P.A. 94-984, eff. 6-30-06.)
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