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Rep. Jay Hoffman
Filed: 5/10/2018
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1 | | AMENDMENT TO SENATE BILL 2640
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2640 on page 2, |
3 | | immediately below line 11, by inserting the following:
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4 | | "Section 13. 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 |
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1 | | warrants as sheriffs
of counties, and police officers within |
2 | | the jurisdiction of their political
subdivision. While in the |
3 | | actual investigation and matters incident thereto,
such person |
4 | | may carry weapons as may be necessary, but only if that person |
5 | | has
satisfactorily completed (1) a training program offered or |
6 | | approved by the
Illinois Law Enforcement Training Standards |
7 | | Board which substantially conforms
to standards promulgated |
8 | | pursuant to the Illinois Police Training Act and the Peace |
9 | | Officer and Probation Officer Firearm Training Act; and (2) a |
10 | | course in fire and arson investigation approved by the
Office |
11 | | of the State Fire Marshal pursuant to the Illinois Fire |
12 | | Protection
Training Act. Such training need not include |
13 | | exposure to vehicle and traffic
law, traffic control and |
14 | | accident investigation, or first aid, but shall
include |
15 | | training in the law relating to the rights of persons suspected |
16 | | of
involvement in criminal activities.
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17 | | Any person granted the powers enumerated in this subsection |
18 | | (a) may exercise such
powers only during the actual |
19 | | investigation of the cause, origin and
circumstances of such |
20 | | fires or explosions that are suspected to be arson or
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21 | | arson-related crimes.
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22 | | (b) Persons employed by the Office of the State Fire |
23 | | Marshal to conduct arson investigations shall be designated |
24 | | State Fire Marshal Arson Investigator Special Agents and shall |
25 | | be peace officers with all of the powers of peace officers in |
26 | | cities and sheriffs in counties, except that they may exercise |
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1 | | those powers throughout the State. These Special Agents may |
2 | | exercise these powers only when engaging in official duties |
3 | | during the actual investigation of the cause, origin, and
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4 | | circumstances of such fires or explosions that are suspected to |
5 | | be arson or
arson-related crimes and may carry weapons at all |
6 | | times, but only if they have satisfactorily completed (1) a |
7 | | training course approved by the Illinois Law Enforcement |
8 | | Training Standards Board that substantially conforms to the |
9 | | standards promulgated pursuant to the Peace Officer and |
10 | | Probation Officer Firearm Training Act and (2) a course in fire |
11 | | and arson investigation approved by the
Office of the State |
12 | | Fire Marshal pursuant to the Illinois Fire Protection
Training |
13 | | Act. Such training need not include exposure to vehicle and |
14 | | traffic
law, traffic control and accident investigation, or |
15 | | first aid, but shall
include training in the law relating to |
16 | | the rights of persons suspected of
involvement in criminal |
17 | | activities. |
18 | | For purposes of this subsection (b), a "State Fire Marshal |
19 | | Arson Investigator Special Agent" does not include any fire |
20 | | investigator, fireman, police officer, or other employee of the |
21 | | federal government; any fire investigator, fireman, police |
22 | | officer, or other employee of any unit of local government; or |
23 | | any fire investigator, fireman, police officer, or other |
24 | | employee of the State of Illinois other than an employee of the |
25 | | Office of the State Fire Marshal assigned to investigate arson.
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26 | | The State Fire Marshal must authorize to each employee of |
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1 | | the Office
of the State Fire Marshal who is exercising the |
2 | | powers of a peace officer a
distinct badge that, on its face, |
3 | | (i) clearly states that the badge is
authorized by the Office |
4 | | of the State Fire Marshal and (ii) contains a unique
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5 | | identifying number. No other badge shall be authorized by the |
6 | | Office of the
State Fire Marshal, except that a badge, |
7 | | different from the badge issued to
peace officers, may be |
8 | | authorized by the Office of the State Fire Marshal for
the use |
9 | | of fire prevention inspectors employed by that Office.
Nothing |
10 | | in this subsection prohibits the State Fire Marshal from |
11 | | issuing
shields or other distinctive identification to |
12 | | employees not exercising the
powers of a peace officer if the |
13 | | State Fire Marshal determines that a shield or
distinctive |
14 | | identification is needed by the employee to carry out his or |
15 | | her
responsibilities.
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16 | | (c) The Office of the State Fire Marshal shall establish a |
17 | | policy to allow a State Fire Marshal Arson Investigator Special |
18 | | Agent who is honorably retiring or separating in good standing |
19 | | to purchase either one or both of the following: (i) any badge |
20 | | previously issued to that State Fire Marshal Arson Investigator |
21 | | Special Agent; or (ii) if the State Fire Marshal Arson |
22 | | Investigator Special Agent has a currently valid Firearm |
23 | | Owner's Identification Card, the service firearm issued or |
24 | | previously issued to the State Fire Marshal Arson Investigator |
25 | | Special Agent by the Office of the State Fire Marshal. The cost |
26 | | of the firearm purchased shall be the replacement value of the |
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1 | | firearm and not the firearm's fair market value. All funds |
2 | | received by the agency under this program shall be deposited |
3 | | into the Fire Prevention Fund. |
4 | | (Source: P.A. 98-725, eff. 1-1-15 .)"; and
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5 | | on page 7, line 4, after the period, by inserting " The Office |
6 | | of the State Fire Marshal may dispose of a service firearm or |
7 | | badge previously issued to a State Fire Marshal Arson |
8 | | Investigator Special Agent who is honorably retiring or |
9 | | separating in good standing as provided in subsection (c) of |
10 | | Section 1 of the Peace Officer Fire Investigation Act. ".
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