HB1188ham001 97TH GENERAL ASSEMBLY

Rep. Greg Harris

Filed: 3/1/2011

09700HB1188ham001 LRB097 05518 KMW 51666 a

AMENDMENT TO HOUSE BILL 1188

AMENDMENT NO. ______. Amend House Bill 1188 on page 6, immediately below line 17, by inserting the following:

"Section 20. The Illinois Vehicle Code is amended by changing Section 2-116 as follows:

(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)

Sec. 2-116. Secretary of State Department of Police.

(a) The Secretary of State and the officers, inspectors, and investigators appointed by him shall cooperate with the State Police and the sheriffs and police in enforcing the laws regulating the operation of vehicles and the use of the highways.

(b) The Secretary of State may provide training and education for members of his office in traffic regulation, the promotion of traffic safety and the enforcement of laws vested in the Secretary of State for administration and enforcement regulating the operation of vehicles and the use of the highways.

(c) The Secretary of State may provide distinctive uniforms and badges for officers, inspectors and investigators employed in the administration of laws relating to the operation of vehicles and the use of the highways and vesting the administration and enforcement of such laws in the Secretary of State.

(d) The Secretary of State Department of Police is authorized to:

(1) investigate the origins, activities, persons, and incidents of crime and the ways and means, if any, to redress the victims of crimes, and study the impact, if any, of legislation relative to the criminal laws of this State related thereto and conduct any other investigations as may be provided by law;

(2) employ skilled experts, technicians, investigators, special agents, or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State;

(3) cooperate with the police of cities, villages, and incorporated towns, and with the police officers of any county, in enforcing the laws of the State and in making arrests;

(4) provide, as may be required by law, assistance to local law enforcement agencies through training, management, and consultant services for local law enforcement agencies, pertaining to law enforcement activities;

(5) exercise the rights, powers, and duties which have been vested in it by the Secretary of State Act and this Code; and

(6) enforce and administer any other laws in relation to law enforcement as may be vested in the Secretary of State Department of Police.

Persons within the Secretary of State Department of Police who exercise these powers are conservators of the peace and have all the powers possessed by policemen in municipalities and sheriffs, and may exercise these powers anywhere in the State in cooperation with local law enforcement officials. These persons may use false or fictitious names in the performance of their duties under this Section, upon approval of the Director of Police-Secretary of State, and shall not be subject to prosecution under the criminal laws for that use.

(e) The Secretary of State Department of Police may charge, collect, and receive fees or moneys equivalent to the cost of providing its personnel, equipment, and services to governmental agencies when explicitly requested by a governmental agency and according to an intergovernmental agreement or memorandums of understanding as provided by this Section, including but not limited to fees or moneys equivalent to the cost of providing training to other governmental agencies on terms and conditions that in the judgment of the Director of Police-Secretary of State are in the best interest of the Secretary of State. All fees received by the Secretary of State Police Department under this Act shall be deposited in a special fund in the State Treasury to be known as the Secretary of State Police Services Fund. The money deposited in the Secretary of State Police Services Fund shall be appropriated to the Secretary of State Department of Police as provided for in subsection (g).

(f) The Secretary of State Department of Police may apply for grants or contracts and receive, expend, allocate, or disburse moneys made available by public or private entities, including, but not limited to, contracts, bequests, grants, or receiving equipment from corporations, foundations, or public or private institutions of higher learning.

(g) The Secretary of State Police Services Fund is hereby created as a special fund in the State Treasury. All moneys received under this Section by the Secretary of State Department of Police shall be deposited into the Secretary of State Police Services Fund to be appropriated to the Secretary of State Department of Police for purposes as indicated by the grantor or contractor or, in the case of moneys bequeathed or granted for no specific purpose, for any purpose as deemed appropriate by the Director of Police-Secretary of State in administering the responsibilities of the Secretary of State Department of Police.

(h) A duty disabled Secretary of State Police officer is authorized to carry a concealed weapon. However, the Director of the Secretary of State Police may summarily revoke or suspend that authorization for any one or more of the following reasons:

(1) The officer is duty disabled due to a mental illness or impairment that renders the officer a danger to himself, herself, or others.

(2) The officer is being treated for alcohol, drug, or substance abuse or with medications that could impair his or her judgment or ability to safely operate a firearm.

(3) The officer is subject to a disciplinary action.

(4) The officer does not meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements established by the Illinois Law Enforcement Training Standards Board.

(5) The authorization otherwise threatens public safety.

Neither a revocation or suspension of authorization under this Section nor the failure to revoke or suspend an authorization under this Section shall be used to determine whether a duty disabled Secretary of State Police officer is qualified for active duty or to establish the liability of the Secretary of State for the actions of the officer. Likewise, neither the ability of a duty disabled Secretary of State Police officer to meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements nor any other demonstration of ability or fitness required under this Section may be used to assess whether the officer is qualified for active duty.

For the purposes of this Section, "duty disabled Secretary of State Police officer" includes, without limitation, any Secretary of State Police officer who is placed on duty disability, occupational disability, or regular disability or is receiving workers' compensation benefits.

(Source: P.A. 92-501, eff. 12-19-01.)".