96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2674


 
Introduced 1/28/2010, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		







  



20 ILCS 2910/1
  from Ch. 127 1/2, par. 501








    Amends the Peace Officer Fire Investigation Act.  Makes a technical change
in a Section concerning peace officer status.
















LRB096 17275 RCE 32625 b

















 


 


A BILL FOR









 











SB2674

LRB096 17275 RCE 32625 b






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    AN ACT concerning State government.

 
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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 Peace Officer Fire Investigation Act is 
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amended by changing Section 1 as follows:
 



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    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)



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    Sec. 1. Peace Officer Status. 

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    (a) Any person who is a sworn member of any
organized and

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and paid fire department of a political subdivision of this 
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State
and is authorized to investigate fires or explosions for 
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such political
subdivision and
to determine the cause, origin 
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and circumstances of fires or explosions
that are suspected to 
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be arson or arson-related crimes, may be classified
as a peace 
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officer by the political subdivision or agency employing such

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person. A person so classified shall possess the same powers of 
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arrest,
search and seizure and the securing and service of 
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warrants as sheriffs
of counties, and police officers within 
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the jurisdiction of their political
subdivision. While in the 
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actual investigation and matters incident thereto,
such person 
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may carry weapons as may be necessary, but only if that person 
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has
satisfactorily completed (1) a training program offered or 
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approved by the
Illinois Law Enforcement Training Standards 
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Board which substantially conforms
to standards promulgated 
 


 






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pursuant to the Illinois Police Training Act and the Peace 
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Officer Firearm Training Act; and (2) a course in fire and 
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arson investigation approved by the
Office of the State Fire 
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Marshal pursuant to the Illinois Fire Protection
Training Act.  
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Such training need not include exposure to vehicle and traffic

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law, traffic control and accident investigation, or first aid, 
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but shall
include training in the law relating to the rights of 
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persons suspected of
involvement in criminal activities.
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    Any person granted the powers enumerated in this subsection 
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(a) may exercise such
powers only during the actual 
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investigation of the cause, origin and
circumstances of such 
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fires or explosions that are suspected to be arson or

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arson-related crimes.

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    (b) Persons employed by the Office of the State Fire 
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Marshal to conduct arson investigations shall be designated 
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State Fire Marshal Arson Investigator Special Agents and  shall 
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be peace officers with all of the powers of peace officers in 
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cities and sheriffs in counties, except that they may exercise 
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those powers throughout the State.  These Special Agents may 
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exercise these powers only when engaging in official duties 
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during the actual investigation of the cause, origin, and

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circumstances of such fires or explosions that are suspected to 
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be arson or
arson-related crimes and may carry weapons at all 
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times, but only if they have satisfactorily completed (1) a 
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training course approved by the Illinois Law Enforcement 
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Training Standards Board that substantially conforms to the 
 


 






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standards promulgated pursuant to the Peace Officer Firearm 
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Training Act and (2) a course in fire and arson investigation 
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approved by the
Office of the State Fire Marshal pursuant to 
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the Illinois Fire Protection
Training Act.  Such training need 
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not include exposure to vehicle and traffic
law, traffic 
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control and accident investigation, or first aid, but shall

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include training in the law relating to the rights of persons 
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suspected of
involvement in criminal activities.
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    For purposes of this subsection (b), a "State Fire Marshal 
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Arson Investigator Special Agent" does not include any fire 
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investigator, fireman, police officer, or other employee   of the 
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federal government;  any fire investigator, fireman, police 
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officer, or other employee of any unit  of local government; or 
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any fire investigator, fireman, police officer, or other 
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employee of the State of Illinois other than an employee of the 
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Office of the State Fire Marshal assigned to investigate arson.

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    The State Fire Marshal must authorize to each employee of 
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the Office
of the State Fire Marshal who is exercising the 
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powers of a peace officer a
distinct badge that, on its face, 
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(i) clearly states that the badge is
authorized by the Office 
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of the State Fire Marshal and (ii) contains a unique

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identifying number.  No other badge shall be authorized by the 
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Office of the
State Fire Marshal, except that a badge, 
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different from the badge issued to
peace officers, may be 
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authorized by the Office of the State Fire Marshal for
the use 
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of fire prevention inspectors employed by that Office.
Nothing 
 


 






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in this subsection prohibits the State Fire Marshal from 
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issuing
shields or other distinctive identification to 
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employees not exercising the
powers of a peace officer if the 
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State Fire Marshal determines that a shield or
distinctive 
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identification is needed by the employee to carry out his or 
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her
responsibilities.

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(Source: P.A. 95-502, eff. 8-28-07.)