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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 10-1-12, 10-2.1-6, and 10-2.1-14 as follows:
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6 | (65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
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7 | Sec. 10-1-12. Register; eligibility list. From the returns | ||||||
8 | or reports
of the examiners, or from the examinations made by | ||||||
9 | the commission, the
commission shall prepare a register for | ||||||
10 | each grade or class of positions in the
classified service of | ||||||
11 | such municipality of the persons whose general average
standing | ||||||
12 | upon examination for such grade or class is not less than the | ||||||
13 | minimum
fixed by the rules of such commission, and who are | ||||||
14 | otherwise eligible. Such
persons shall take rank upon the | ||||||
15 | register as candidates in the order of their
relative | ||||||
16 | excellence as determined by examination, without reference to | ||||||
17 | priority
of time of examination.
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18 | Within 60 days after each examination, an eligibility list | ||||||
19 | shall be posted
by the Commission, which shall show the final | ||||||
20 | grades of the candidates without
reference to priority of time | ||||||
21 | of examination and subject to claim for military
credit. | ||||||
22 | Candidates who are eligible for military credit shall make a | ||||||
23 | claim
in writing within 10 days after posting of the |
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1 | eligibility list or such
claim shall be deemed waived. | ||||||
2 | Appointment shall be subject to a final physical
examination.
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3 | If a person is placed on an eligibility list and becomes | ||||||
4 | overage before he
or she is appointed to a police or fire | ||||||
5 | department, the person remains eligible
for appointment until | ||||||
6 | the list is abolished pursuant to authorized procedures.
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7 | Otherwise no person who has attained the age of 36 years shall | ||||||
8 | be inducted as a
member of a police department and no person | ||||||
9 | who has attained the age of 35
years shall be inducted as a | ||||||
10 | member of a fire department, except as otherwise
provided in | ||||||
11 | this division. With respect to a police department, a veteran | ||||||
12 | shall be allowed to exceed the maximum age provision of this | ||||||
13 | Section by the number of years served on active military duty, | ||||||
14 | but by no more than 10 years of active military duty.
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15 | (Source: P.A. 89-52, eff. 6-30-95; 90-481, eff. 8-17-97.)
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16 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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17 | Sec. 10-2.1-6. Examination of applicants; | ||||||
18 | disqualifications.
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19 | (a) All applicants for a position in either the fire or | ||||||
20 | police department
of the municipality shall be under 35 years | ||||||
21 | of age, shall be subject to an
examination that shall be | ||||||
22 | public, competitive, and open to all applicants
(unless the | ||||||
23 | council or board of trustees by ordinance limit applicants to
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24 | electors of the municipality, county, state or nation) and | ||||||
25 | shall be subject to
reasonable limitations as to residence, |
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1 | health, habits, and moral character.
The municipality may not | ||||||
2 | charge or collect any fee from an applicant who has
met all | ||||||
3 | prequalification standards established by the municipality for | ||||||
4 | any such
position. With respect to a police department, a | ||||||
5 | veteran shall be allowed to exceed the maximum age provision of | ||||||
6 | this Section by the number of years served on active military | ||||||
7 | duty, but by no more than 10 years of active military duty.
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8 | (b) Residency requirements in effect at the time an | ||||||
9 | individual enters the
fire or police service of a municipality | ||||||
10 | (other than a municipality that
has more than 1,000,000 | ||||||
11 | inhabitants) cannot be made more restrictive for
that | ||||||
12 | individual during his period of service for that municipality, | ||||||
13 | or be
made a condition of promotion, except for the rank or | ||||||
14 | position of Fire or
Police Chief.
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15 | (c) No person with a record of misdemeanor convictions | ||||||
16 | except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | ||||||
17 | 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | ||||||
18 | 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | ||||||
19 | 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | ||||||
20 | 24-1 of the Criminal Code of 1961 or arrested for any cause but | ||||||
21 | not
convicted on that cause shall be disqualified from taking | ||||||
22 | the examination to
qualify for a position in the fire | ||||||
23 | department on grounds of habits or moral
character.
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24 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
25 | to any person
previously employed as a policeman or fireman in | ||||||
26 | a regularly constituted police
or fire department of (I) any |
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1 | municipality, regardless of whether the municipality is | ||||||
2 | located in Illinois or in another state, or (II) a fire | ||||||
3 | protection district
whose obligations were assumed by a | ||||||
4 | municipality under Section 21 of the Fire
Protection District | ||||||
5 | Act, (ii) to any person who has served a municipality as a
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6 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
7 | preceding the time
that municipality begins to use full time | ||||||
8 | firemen to provide all or part of its
fire protection service, | ||||||
9 | or (iii) to any person who has served as an auxiliary police | ||||||
10 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
11 | under 40 years of
age, (iv) to any person who has served as a | ||||||
12 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
13 | meets necessary training requirements, or (v) to any person who | ||||||
14 | has served as a sworn officer as a member of the Illinois | ||||||
15 | Department of State Police.
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16 | (e) Applicants who are 20 years of age and who have | ||||||
17 | successfully completed 2
years of law enforcement studies at an | ||||||
18 | accredited college or university may be
considered for | ||||||
19 | appointment to active duty with the police department. An
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20 | applicant described in this subsection (e) who is appointed to | ||||||
21 | active duty
shall not have power of arrest, nor shall the | ||||||
22 | applicant be permitted to carry
firearms, until he or she | ||||||
23 | reaches 21 years of age.
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24 | (f) Applicants who are 18 years of age and who have | ||||||
25 | successfully
completed 2 years of study in fire techniques, | ||||||
26 | amounting to a total of 4
high school credits, within the cadet |
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1 | program of a municipality may be
considered for appointment to | ||||||
2 | active duty with the fire department of any
municipality.
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3 | (g) The council or board of trustees may by ordinance | ||||||
4 | provide
that persons residing outside the municipality are | ||||||
5 | eligible to take the
examination.
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6 | (h) The examinations shall be practical in character and | ||||||
7 | relate to
those matters that will fairly test the capacity of | ||||||
8 | the persons examined
to discharge the duties of the positions | ||||||
9 | to which they seek appointment. No
person shall be appointed to | ||||||
10 | the police or fire department if he or she does
not possess a | ||||||
11 | high school diploma or an equivalent high school education.
A | ||||||
12 | board of fire and police commissioners may, by its rules, | ||||||
13 | require police
applicants to have obtained an associate's | ||||||
14 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
15 | The
examinations shall include tests of physical | ||||||
16 | qualifications and health. A board of fire and police | ||||||
17 | commissioners may, by its rules, waive portions of the required | ||||||
18 | examination for police applicants who have previously been | ||||||
19 | full-time sworn officers of a regular police department in any | ||||||
20 | municipal, county, university, or State law enforcement | ||||||
21 | agency, provided they are certified by the Illinois Law | ||||||
22 | Enforcement Training Standards Board and have been with their | ||||||
23 | respective law enforcement agency within the State for at least | ||||||
24 | 2 years. No
person shall be appointed to the police or fire | ||||||
25 | department if he or she has
suffered the amputation of any limb | ||||||
26 | unless the applicant's duties will be only
clerical or as a |
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1 | radio operator. No applicant shall be examined concerning his
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2 | or her political or religious opinions or affiliations. The | ||||||
3 | examinations shall
be conducted by the board of fire and police | ||||||
4 | commissioners of the municipality
as provided in this Division | ||||||
5 | 2.1.
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6 | (i) No person who is classified by his local selective | ||||||
7 | service draft board
as a conscientious objector, or who has | ||||||
8 | ever been so classified, may be
appointed to the police | ||||||
9 | department.
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10 | (j) No person shall be appointed to the police or fire | ||||||
11 | department unless he
or she is a person of good character and | ||||||
12 | not an habitual drunkard, gambler, or
a person who has been | ||||||
13 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
14 | person, however, shall be disqualified from appointment to the
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15 | fire department because of his or her record of misdemeanor | ||||||
16 | convictions except
those under Sections 11-6, 11-7, 11-9, | ||||||
17 | 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | ||||||
18 | 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | ||||||
19 | 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | ||||||
20 | of Section
24-1 of the Criminal Code of 1961 or arrest for any | ||||||
21 | cause without conviction on
that cause. Any such person who is | ||||||
22 | in the department may be removed on charges
brought and after a | ||||||
23 | trial as provided in this Division 2.1.
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24 | (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06; | ||||||
25 | 95-165, eff. 1-1-08; 95-931, eff. 1-1-09.)
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1 | (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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2 | Sec. 10-2.1-14. Register of eligibles. The board of fire | ||||||
3 | and police
commissioners shall prepare and keep a register of | ||||||
4 | persons whose general
average standing, upon examination, is | ||||||
5 | not less than the minimum fixed by the
rules of the board, and | ||||||
6 | who are otherwise eligible. These persons shall take
rank upon | ||||||
7 | the register as candidates in the order of their relative | ||||||
8 | excellence
as determined by examination, without reference to | ||||||
9 | priority of time of
examination.
The board of fire and police | ||||||
10 | commissioners may prepare and keep a second register of persons | ||||||
11 | who have previously been full-time sworn officers of a regular | ||||||
12 | police department in any municipal, county, university, or | ||||||
13 | State law enforcement agency, provided they are certified by | ||||||
14 | the Illinois Law Enforcement Training Standards Board and have | ||||||
15 | been with their respective law enforcement agency within the | ||||||
16 | State for at least 2 years. The persons on this list shall take | ||||||
17 | rank upon the register as candidates in the order of their | ||||||
18 | relative excellence as determined by members of the board of | ||||||
19 | fire and police commissioners. Applicants who have been awarded | ||||||
20 | a certificate attesting to their successful
completion of the | ||||||
21 | Minimum Standards Basic Law Enforcement Training Course, as
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22 | provided in the Illinois Police Training Act, may be given | ||||||
23 | preference in
appointment over noncertified applicants. | ||||||
24 | Applicants for appointment to fire departments who are licensed | ||||||
25 | as an EMT-B, EMT-I, or EMT-P under the Emergency Medical | ||||||
26 | Services (EMS) Systems Act, may be given preference in |
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1 | appointment over non-licensed applicants.
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2 | Within 60 days after each examination, an eligibility list
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3 | shall be posted by the board, which shall show the final grades | ||||||
4 | of
the candidates without reference to priority of time of | ||||||
5 | examination
and subject to claim for military credit. | ||||||
6 | Candidates who are
eligible for military credit shall make a | ||||||
7 | claim in writing within 10 days after
the posting of the | ||||||
8 | eligibility list or such claim shall be deemed waived.
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9 | Appointment shall be subject to a final physical examination.
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10 | If a person is placed on an eligibility list and becomes | ||||||
11 | overage before he
or she is appointed to a police or fire | ||||||
12 | department, the person remains eligible
for appointment until | ||||||
13 | the list is abolished pursuant to authorized procedures.
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14 | Otherwise no person who has attained the age of 36 years shall | ||||||
15 | be inducted as a
member of a police department and no person | ||||||
16 | who has attained the age of 35
years shall be inducted as a | ||||||
17 | member of a fire department, except as otherwise
provided in | ||||||
18 | this division. With respect to a police department, a veteran | ||||||
19 | shall be allowed to exceed the maximum age provision of this | ||||||
20 | Section by the number of years served on active military duty, | ||||||
21 | but by no more than 10 years of active military duty.
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22 | (Source: P.A. 94-281, eff. 1-1-06; 95-931, eff. 1-1-09.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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