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1 | AN ACT concerning State 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 Peace Officer Fire Investigation Act is | |||||||||||||||||||
5 | amended by changing Section 1 as follows:
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6 | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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7 | Sec. 1. Peace Officer Status.
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8 | (a) Any person who is a sworn member of any
organized and | |||||||||||||||||||
9 | paid fire department of a political subdivision of this State
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10 | and is authorized to investigate fires or explosions for such | |||||||||||||||||||
11 | political
subdivision and
to determine the cause, origin and | |||||||||||||||||||
12 | circumstances of fires or explosions
that are suspected to be | |||||||||||||||||||
13 | arson or arson-related crimes, may be classified
as a peace | |||||||||||||||||||
14 | officer by the political subdivision or agency employing such
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15 | person. A person so classified shall possess the same powers of | |||||||||||||||||||
16 | arrest,
search and seizure and the securing and service of | |||||||||||||||||||
17 | warrants as sheriffs
of counties, and police officers within | |||||||||||||||||||
18 | the jurisdiction of their political
subdivision. While in the | |||||||||||||||||||
19 | actual investigation and matters incident thereto,
such person | |||||||||||||||||||
20 | may carry weapons as may be necessary, but only if that person | |||||||||||||||||||
21 | has
satisfactorily completed (1) a training program offered or | |||||||||||||||||||
22 | approved by the
Illinois Law Enforcement Training Standards | |||||||||||||||||||
23 | Board which substantially conforms
to standards promulgated |
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1 | pursuant to the Illinois Police Training Act and the Peace | ||||||
2 | Officer Firearm Training Act including without limitation an | ||||||
3 | arson investigator course and a firearms course offered by a | ||||||
4 | State-sponsored institution of higher learning ; and (2) a | ||||||
5 | course in fire and arson investigation approved by the
Office | ||||||
6 | of the State Fire Marshal pursuant to the Illinois Fire | ||||||
7 | Protection
Training Act. Such training need not include | ||||||
8 | exposure to vehicle and traffic
law, traffic control and | ||||||
9 | accident investigation, or first aid, but shall
include | ||||||
10 | training in the law relating to the rights of persons suspected | ||||||
11 | of
involvement in criminal activities.
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12 | Any person granted the powers enumerated in this subsection | ||||||
13 | (a) may exercise such
powers only during the actual | ||||||
14 | investigation of the cause, origin and
circumstances of such | ||||||
15 | fires or explosions that are suspected to be arson or
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16 | arson-related crimes.
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17 | (b) Persons employed by the Office of the State Fire | ||||||
18 | Marshal to conduct arson investigations shall be designated | ||||||
19 | State Fire Marshal Arson Investigator Special Agents and shall | ||||||
20 | be peace officers with all of the powers of peace officers in | ||||||
21 | cities and sheriffs in counties, except that they may exercise | ||||||
22 | those powers throughout the State. These Special Agents may | ||||||
23 | exercise these powers only when engaging in official duties | ||||||
24 | during the actual investigation of the cause, origin, and
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25 | circumstances of such fires or explosions that are suspected to | ||||||
26 | be arson or
arson-related crimes and may carry weapons at all |
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1 | times, but only if they have satisfactorily completed (1) a | ||||||
2 | training course approved by the Illinois Law Enforcement | ||||||
3 | Training Standards Board that substantially conforms to the | ||||||
4 | standards promulgated pursuant to the Peace Officer Firearm | ||||||
5 | Training Act and (2) a course in fire and arson investigation | ||||||
6 | approved by the
Office of the State Fire Marshal pursuant to | ||||||
7 | the Illinois Fire Protection
Training Act. Such training need | ||||||
8 | not include exposure to vehicle and traffic
law, traffic | ||||||
9 | control and accident investigation, or first aid, but shall
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10 | include training in the law relating to the rights of persons | ||||||
11 | suspected of
involvement in criminal activities. | ||||||
12 | For purposes of this subsection (b), a "State Fire Marshal | ||||||
13 | Arson Investigator Special Agent" does not include any fire | ||||||
14 | investigator, fireman, police officer, or other employee of the | ||||||
15 | federal government; any fire investigator, fireman, police | ||||||
16 | officer, or other employee of any unit of local government; or | ||||||
17 | any fire investigator, fireman, police officer, or other | ||||||
18 | employee of the State of Illinois other than an employee of the | ||||||
19 | Office of the State Fire Marshal assigned to investigate arson.
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20 | The State Fire Marshal must authorize to each employee of | ||||||
21 | the Office
of the State Fire Marshal who is exercising the | ||||||
22 | powers of a peace officer a
distinct badge that, on its face, | ||||||
23 | (i) clearly states that the badge is
authorized by the Office | ||||||
24 | of the State Fire Marshal and (ii) contains a unique
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25 | identifying number. No other badge shall be authorized by the | ||||||
26 | Office of the
State Fire Marshal, except that a badge, |
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1 | different from the badge issued to
peace officers, may be | ||||||
2 | authorized by the Office of the State Fire Marshal for
the use | ||||||
3 | of fire prevention inspectors employed by that Office.
Nothing | ||||||
4 | in this subsection prohibits the State Fire Marshal from | ||||||
5 | issuing
shields or other distinctive identification to | ||||||
6 | employees not exercising the
powers of a peace officer if the | ||||||
7 | State Fire Marshal determines that a shield or
distinctive | ||||||
8 | identification is needed by the employee to carry out his or | ||||||
9 | her
responsibilities.
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10 | (Source: P.A. 95-502, eff. 8-28-07.)
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