HB2253 96TH GENERAL ASSEMBLY

LRB096 04696 NHT 20900 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2253

Introduced 2/18/2009, by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

110 ILCS 805/3-30	from Ch. 122, par. 103-30
110 ILCS 805/3-42.1	from Ch. 122, par. 103-42.1
110 ILCS 805/3-42.2	from Ch. 122, par. 103-42.2

Amends the Public Community College Act. Removes provisions allowing the board of trustees of a community college district to appoint persons to be members of the security department of the community college. Allows instead for the appointment of sworn and non-sworn members of the community college district police department, department of public safety, or security department. Sets forth requirements and other provisions concerning both sworn and non-sworn members. Allows the board of trustees to establish regulations that are determined to be necessary for the protection of community college students, staff, visitors, properties, and interests or for the proper maintenance, operation, or development of any community college or colleges under the jurisdiction of the board and to prescribe fines and penalties for the violation of these regulations. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Community College Act is amended by changing Sections 3-30, 3-42.1, and 3-42.2 as follows:

(110 ILCS 805/3-30) (from Ch. 122, par. 103-30)

Sec. 3-30. The board of any community college district has the powers enumerated in Sections 3-31 through 3-43 of this Act. This enumeration of powers is not exclusive but the board may exercise all other powers, not inconsistent with this Act, that may be requisite or proper for the maintenance, operation and development of any college or colleges under the jurisdiction of the board.

(Source: P.A. 78-669.)

(110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)

Sec. 3-42.1. (a) To appoint sworn and non-sworn members of the community college district police department, department of public safety, or security department.

(b) Sworn members of the community college district police department, department of public safety, or security department, with sworn police powers, shall be peace officers under the laws of this State. As such, sworn members of these departments shall have all of the powers of police officers in cities and sheriffs in counties, including the power to make arrests on view or on warrants for violations of State statutes and to enforce county or city ordinances in all counties that lie within the community college district, when such is required for the protection of community college personnel, students, property, or interests. Such officers shall have no power to serve and execute civil process.

As peace officers in this State, all laws pertaining to hiring, training, retention, service authority, and discipline of police officers, under State law, shall apply. Sworn members, who have successfully completed an Illinois Law Enforcement Training and Standards Board certified firearms course, shall be equipped with appropriate firearms and auxiliary weapons.

(c) Non-sworn members of the community college police, public safety, or security departments whose job requirements include performing patrol and security type functions shall, within 6 months after their initial hiring date or the effective date of this amendatory Act of the 96th General Assembly, whichever is later, be required to successfully complete the 20-hour basic security training course required by (i) the Department of Financial and Professional Regulation, Division of Professional Regulation for Security Officers, (ii) by the International Association of College Law Enforcement Administrators, or (iii) campus protection officer training program or a similar course certified and approved by the Illinois Law Enforcement Training and Standards Board. They shall also be permitted to become members of an Illinois State Training Board Mobile Training Unit and shall complete 8 hours in continuing training, related to their specific position of employment, each year. The board may establish reasonable eligibility requirements for appointment and retention of non-sworn members.

All non-sworn members authorized to carry weapons, other than firearms, shall receive training on the proper deployment and use of force regarding such weapons. persons to be members of the Security Department of the community college. Members of the Security Department shall be conservators of the peace and as such have all powers possessed by policemen in cities, and sheriffs in counties, including the power to make arrests on view or warrants of violations of State statutes and city or county ordinances of the counties in which the community college is located, when such is required for the protection of community college properties and interest, and its students and personnel, and within such counties when specifically requested by appropriate State or local law enforcement officials. Such officers have no power to serve and execute civil process.

The local community college board may establish reasonable eligibility requirements for appointment to the security department relating to residence, health, habits and moral character. However, no person may be appointed hereunder unless that person is at least 21 years of age and possesses a high school diploma or the equivalent. No person may be appointed to or retained in the security department unless that person is of good character and not a habitual drunkard, gambler or a person convicted of a felony or a crime involving moral turpitude. All community college security department personnel authorized to carry weapons shall receive a course of training in the legal and practical use of such weapons and shall also be instructed in and understand the provisions of Article 7 of the "Criminal Code of 1961", as now or hereafter amended, which pertain to justifiable use of force.

(Source: P.A. 79-1002.)

(110 ILCS 805/3-42.2) (from Ch. 122, par. 103-42.2)

Sec. 3-42.2. (a) To establish parking regulations, to regulate, and control the speed of, travel on all paths, driveways and roadways which are owned and maintained by, and within the property of, the community college district, to prohibit the use of such paths, driveways and roadways for racing or speeding purposes, to exclude therefrom traffic and vehicles, and to prescribe such fines and penalties for the violation of such traffic regulations as cities and villages are allowed to prescribe for the violation of their traffic ordinances.

(b) To establish such other regulations as are determined to be necessary for the protection of community college students, staff, visitors, properties, and interests or for the proper maintenance, operation, or development of any community college or colleges under the jurisdiction of the board, and to prescribe fines and penalties for the violation of these regulations.

(c) Fines and penalties recovered under this Section shall be paid, collected and used in accordance with the policy of the local community college board.

(d) The local community college board may enforce the provisions of this Section by use of members of the police department, public safety department, or security department Security Department of the community college or by agreeing in writing with a municipality, county or the State for its law enforcement officers to provide such enforcement.

(Source: P.A. 81-311.)

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