Rep. Curtis J. Tarver, II
Filed: 4/12/2021
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1 | AMENDMENT TO HOUSE BILL 1429
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2 | AMENDMENT NO. ______. Amend House Bill 1429 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Section 3-9013 as follows: | ||||||
6 | (55 ILCS 5/3-9013) | ||||||
7 | Sec. 3-9013. Pension funds; job-related felony. If an | ||||||
8 | employee who is covered under a retirement system or pension | ||||||
9 | fund created under the Illinois Pension Code is convicted of a | ||||||
10 | disqualifying offense as that term is defined in the Illinois | ||||||
11 | Pension Code or of a felony relating to or arising out of or in | ||||||
12 | connection with the employment for which the employee is | ||||||
13 | covered under the retirement system or pension fund, the | ||||||
14 | State's Attorney must notify the board of trustees for that | ||||||
15 | retirement system or pension fund.
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16 | (Source: P.A. 95-836, eff. 8-15-08.) |
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1 | Section 10. The Illinois Pension Code is amended by | ||||||
2 | changing Sections 3-147, 5-227, 7-219, 8-251, 9-235, 10-109, | ||||||
3 | 14-149, and 15-187 as follows:
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4 | (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
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5 | Sec. 3-147. Felony conviction. None of the benefits | ||||||
6 | provided in
this Article shall be paid to any person who is | ||||||
7 | convicted of any felony
relating to or arising out of or in
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8 | connection with his or her service as a police officer. | ||||||
9 | Upon petition by the Board or on its own motion, a circuit | ||||||
10 | court may order that none of the benefits provided in this | ||||||
11 | Article be paid to a person who first becomes a police officer | ||||||
12 | on or after the effective date of this amendatory Act of the | ||||||
13 | 102nd General Assembly and who has been convicted of a | ||||||
14 | disqualifying offense if the court finds that: (1) the | ||||||
15 | disqualifying offense was committed with the use of police | ||||||
16 | authority, resources, or other materials; (2) the | ||||||
17 | disqualifying offense threatened public safety; or (3) the | ||||||
18 | totality of the circumstances of the disqualifying offense are | ||||||
19 | against the guiding principles and training of law | ||||||
20 | enforcement. | ||||||
21 | None of the benefits provided for in this Article shall be | ||||||
22 | paid to any person who otherwise would receive a survivor | ||||||
23 | benefit who is convicted of any felony relating to or arising | ||||||
24 | out of or in connection with the service of the police officer |
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1 | from whom the benefit results. | ||||||
2 | Upon petition by the Board or on its own motion, a court | ||||||
3 | may order that none of the benefits provided for in this | ||||||
4 | Article be paid to any person who otherwise would receive a | ||||||
5 | survivor benefit if the benefit results from the service of a | ||||||
6 | police officer who first became a police officer on or after | ||||||
7 | the effective date of this amendatory Act of the 102nd General | ||||||
8 | Assembly and who was convicted of a disqualifying offense if | ||||||
9 | the court finds that: (1) the disqualifying offense was | ||||||
10 | committed with the use of police authority, resources, or | ||||||
11 | other materials; (2) the disqualifying offense threatened | ||||||
12 | public safety; or (3) the totality of the circumstances of the | ||||||
13 | disqualifying offense are against the guiding principles and | ||||||
14 | training of law enforcement.
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15 | This Section shall not impair any contract or vested right | ||||||
16 | acquired prior
to July 11, 1955 under any law
continued in this | ||||||
17 | Article, nor
preclude the right to a refund, and for the | ||||||
18 | changes under this amendatory Act of the 100th General | ||||||
19 | Assembly, shall not impair any contract or vested right | ||||||
20 | acquired by a survivor prior to the effective date of this | ||||||
21 | amendatory Act of the 100th General Assembly. The changes made | ||||||
22 | by this amendatory Act of the 102nd General Assembly shall not | ||||||
23 | impair any contract or vested right acquired by a survivor | ||||||
24 | prior to the effective date of this amendatory Act of the 102nd | ||||||
25 | General Assembly.
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26 | All persons entering service subsequent to July
11, 1955 |
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1 | are deemed to have consented to the provisions of this Section | ||||||
2 | as a
condition of coverage, and all participants entering | ||||||
3 | service subsequent to the effective date of this amendatory | ||||||
4 | Act of the 100th General Assembly shall be deemed to have | ||||||
5 | consented to the provisions of this amendatory Act as a | ||||||
6 | condition of participation. All persons entering service after | ||||||
7 | the effective date of this amendatory Act of the 102nd General | ||||||
8 | Assembly shall be deemed to have consented to the provisions | ||||||
9 | of this amendatory Act of the 102nd General Assembly as a | ||||||
10 | condition of participation.
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11 | In this Section, "disqualifying offense" means any of the | ||||||
12 | following offenses set forth in the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012 or any substantially similar offense | ||||||
14 | in federal law, the Uniform Code of Military Justice, or state | ||||||
15 | law: | ||||||
16 | (1) Indecent solicitation of a child. | ||||||
17 | (2) Sexual exploitation of a child. | ||||||
18 | (3) Custodial sexual misconduct. | ||||||
19 | (4) Exploitation of a child. | ||||||
20 | (5) Child pornography. | ||||||
21 | (6) Aggravated child pornography. | ||||||
22 | (7) First degree murder. | ||||||
23 | (8) Second degree murder. | ||||||
24 | (9) Predatory criminal sexual assault of a child. | ||||||
25 | (10) Aggravated criminal sexual assault. | ||||||
26 | (11) Criminal sexual assault. |
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1 | (12) Aggravated kidnaping. | ||||||
2 | (13) Aggravated battery resulting in great bodily harm
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3 | or permanent disability or disfigurement. | ||||||
4 | (Source: P.A. 100-334, eff. 8-25-17.)
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5 | (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
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6 | Sec. 5-227. Felony conviction. None of the benefits | ||||||
7 | provided for in this
Article shall be paid to any person who is | ||||||
8 | convicted of any felony relating
to or arising out of or in | ||||||
9 | connection with his service as a policeman.
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10 | Upon petition by the Board or on its own motion, a circuit | ||||||
11 | court may order that none of the benefits provided in this | ||||||
12 | Article be paid to a person who first becomes a policeman on or | ||||||
13 | after the effective date of this amendatory Act of the 102nd | ||||||
14 | General Assembly and who has been convicted of a disqualifying | ||||||
15 | offense if the court finds that: (1) the disqualifying offense | ||||||
16 | was committed with the use of police authority, resources, or | ||||||
17 | other materials; (2) the disqualifying offense threatened | ||||||
18 | public safety; or (3) the totality of the circumstances of the | ||||||
19 | disqualifying offense are against the guiding principles and | ||||||
20 | training of law enforcement. | ||||||
21 | None of the benefits provided for in this Article shall be | ||||||
22 | paid to any person who otherwise would receive a survivor | ||||||
23 | benefit who is convicted of any felony relating to or arising | ||||||
24 | out of or in connection with the service of the policeman from | ||||||
25 | whom the benefit results. |
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1 | Upon petition by the Board or on its own motion, a court | ||||||
2 | may order that none of the benefits provided for in this | ||||||
3 | Article be paid to any person who otherwise would receive a | ||||||
4 | survivor benefit if the benefit results from the service of a | ||||||
5 | policeman who first became a policeman on or after the | ||||||
6 | effective date of this amendatory Act of the 102nd General | ||||||
7 | Assembly and who was convicted of a disqualifying offense if | ||||||
8 | the court finds that: (1) the disqualifying offense was | ||||||
9 | committed with the use of police authority, resources, or | ||||||
10 | other materials; (2) the disqualifying offense threatened | ||||||
11 | public safety; or (3) the totality of the circumstances of the | ||||||
12 | disqualifying offense are against the guiding principles and | ||||||
13 | training of law enforcement. | ||||||
14 | None of the benefits provided for in this Article shall be | ||||||
15 | paid to any
person who is convicted of any felony while in | ||||||
16 | receipt of disability benefits.
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17 | None of the benefits provided for in this Article shall be | ||||||
18 | paid to any
person who is convicted of any felony relating to | ||||||
19 | or arising out of or in
connection with the intentional and | ||||||
20 | wrongful death of a police officer,
either active or retired, | ||||||
21 | through whom such person would become eligible
to receive, or | ||||||
22 | is receiving, an annuity under this Article.
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23 | A person who intentionally and unjustifiably causes delay | ||||||
24 | in proceedings in which the person is ultimately convicted of | ||||||
25 | a felony relating to or arising out of or in connection with | ||||||
26 | his service as a policeman shall not be entitled to any |
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1 | benefits provided for in this Article on and after the filing | ||||||
2 | date of the related indictment or charges. This paragraph | ||||||
3 | applies to all persons whose felony conviction was entered on | ||||||
4 | or after January 1, 2019. | ||||||
5 | Any refund required under this Article shall be calculated | ||||||
6 | based on that person's contributions to the Fund, less the | ||||||
7 | amount of any annuity benefit previously received by the | ||||||
8 | person or his or her beneficiaries. This paragraph applies to | ||||||
9 | all persons who make an application for refund to the Fund on | ||||||
10 | or after January 1, 2019. | ||||||
11 | This Section shall not operate to impair any contract or | ||||||
12 | vested right heretofore
acquired under any law or laws | ||||||
13 | continued in this Article, nor to preclude
the right to a | ||||||
14 | refund, and for the changes under this amendatory Act of the | ||||||
15 | 100th General Assembly, shall not impair any contract or | ||||||
16 | vested right acquired by a survivor prior to the effective | ||||||
17 | date of this amendatory Act of the 100th General Assembly. The | ||||||
18 | changes made by this amendatory Act of the 102nd General | ||||||
19 | Assembly shall not impair any contract or vested right | ||||||
20 | acquired by a survivor prior to the effective date of this | ||||||
21 | amendatory Act of the 102nd General Assembly.
| ||||||
22 | All future entrants entering service subsequent to July | ||||||
23 | 11, 1955, shall
be deemed to have consented to the provisions | ||||||
24 | of this Section as a
condition of coverage, and all | ||||||
25 | participants entering service subsequent to the effective date | ||||||
26 | of this amendatory Act of the 100th General Assembly shall be |
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1 | deemed to have consented to the provisions of this amendatory | ||||||
2 | Act as a condition of participation. All persons entering | ||||||
3 | service after the effective date of this amendatory Act of the | ||||||
4 | 102nd General Assembly shall be deemed to have consented to | ||||||
5 | the provisions of this amendatory Act of the 102nd General | ||||||
6 | Assembly as a condition of participation.
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7 | In this Section, "disqualifying offense" means any of the | ||||||
8 | following offenses set forth in the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012 or any substantially similar offense | ||||||
10 | in federal law, the Uniform Code of Military Justice, or state | ||||||
11 | law: | ||||||
12 | (1) Indecent solicitation of a child. | ||||||
13 | (2) Sexual exploitation of a child. | ||||||
14 | (3) Custodial sexual misconduct. | ||||||
15 | (4) Exploitation of a child. | ||||||
16 | (5) Child pornography. | ||||||
17 | (6) Aggravated child pornography. | ||||||
18 | (7) First degree murder. | ||||||
19 | (8) Second degree murder. | ||||||
20 | (9) Predatory criminal sexual assault of a child. | ||||||
21 | (10) Aggravated criminal sexual assault. | ||||||
22 | (11) Criminal sexual assault. | ||||||
23 | (12) Aggravated kidnaping. | ||||||
24 | (13) Aggravated battery resulting in great bodily harm
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25 | or permanent disability or disfigurement. | ||||||
26 | (Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
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1 | (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
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2 | Sec. 7-219. Felony conviction. None of the benefits | ||||||
3 | provided for in this Article shall be paid to any
person who is | ||||||
4 | convicted of any felony relating to or arising out of or in
| ||||||
5 | connection with his service as an employee.
| ||||||
6 | Upon petition by the Board or on its own motion, a circuit | ||||||
7 | court may order that none of the benefits provided in this | ||||||
8 | Article be paid to a person who first becomes a sheriff's law | ||||||
9 | enforcement employee on or after the effective date of this | ||||||
10 | amendatory Act of the 102nd General Assembly and who has been | ||||||
11 | convicted of a disqualifying offense if the court finds that: | ||||||
12 | (1) the disqualifying offense was committed with the use of | ||||||
13 | police authority, resources, or other materials; (2) the | ||||||
14 | disqualifying offense threatened public safety; or (3) the | ||||||
15 | totality of the circumstances of the disqualifying offense are | ||||||
16 | against the guiding principles and training of law | ||||||
17 | enforcement. | ||||||
18 | None of the benefits provided for in this Article shall be | ||||||
19 | paid to any person who otherwise would receive a survivor | ||||||
20 | benefit who is convicted of any felony relating to or arising | ||||||
21 | out of or in connection with the service of the employee from | ||||||
22 | whom the benefit results. | ||||||
23 | Upon petition by the Board or on its own motion, a court | ||||||
24 | may order that none of the benefits provided for in this | ||||||
25 | Article be paid to any person who otherwise would receive a |
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| |||||||
1 | survivor benefit if the benefit results from the service of a | ||||||
2 | sheriff's law enforcement employee who first became a | ||||||
3 | sheriff's law enforcement employee on or after the effective | ||||||
4 | date of this amendatory Act of the 102nd General Assembly and | ||||||
5 | who was convicted of a disqualifying offense if the court | ||||||
6 | finds that: (1) the disqualifying offense was committed with | ||||||
7 | the use of police authority, resources, or other materials; | ||||||
8 | (2) the disqualifying offense threatened public safety; or (3) | ||||||
9 | the totality of the circumstances of the disqualifying offense | ||||||
10 | are against the guiding principles and training of law | ||||||
11 | enforcement. | ||||||
12 | This Section shall not operate to impair any contract or | ||||||
13 | vested right
heretofore acquired under any law or laws | ||||||
14 | continued in this Article, nor to
preclude the right to a | ||||||
15 | refund, and for the changes under this amendatory Act of the | ||||||
16 | 100th General Assembly, shall not impair any contract or | ||||||
17 | vested right acquired by a survivor prior to the effective | ||||||
18 | date of this amendatory Act of the 100th General Assembly. The | ||||||
19 | changes made by this amendatory Act of the 102nd General | ||||||
20 | Assembly shall not impair any contract or vested right | ||||||
21 | acquired by a survivor prior to the effective date of this | ||||||
22 | amendatory Act of the 102nd General Assembly.
| ||||||
23 | All future entrants entering service subsequent to July 9, | ||||||
24 | 1955 shall be
deemed to have consented to the provisions of | ||||||
25 | this Section as a condition
of coverage, and all participants | ||||||
26 | entering service subsequent to the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly shall be deemed | ||||||
2 | to have consented to the provisions of this amendatory Act as a | ||||||
3 | condition of participation. All persons entering service after | ||||||
4 | the effective date of this amendatory Act of the 102nd General | ||||||
5 | Assembly shall be deemed to have consented to the provisions | ||||||
6 | of this amendatory Act of the 102nd General Assembly as a | ||||||
7 | condition of participation.
| ||||||
8 | In this Section, "disqualifying offense" means any of the | ||||||
9 | following offenses set forth in the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012 or any substantially similar offense | ||||||
11 | in federal law, the Uniform Code of Military Justice, or state | ||||||
12 | law: | ||||||
13 | (1) Indecent solicitation of a child. | ||||||
14 | (2) Sexual exploitation of a child. | ||||||
15 | (3) Custodial sexual misconduct. | ||||||
16 | (4) Exploitation of a child. | ||||||
17 | (5) Child pornography. | ||||||
18 | (6) Aggravated child pornography. | ||||||
19 | (7) First degree murder. | ||||||
20 | (8) Second degree murder. | ||||||
21 | (9) Predatory criminal sexual assault of a child. | ||||||
22 | (10) Aggravated criminal sexual assault. | ||||||
23 | (11) Criminal sexual assault. | ||||||
24 | (12) Aggravated kidnaping. | ||||||
25 | (13) Aggravated battery resulting in great bodily harm
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26 | or permanent disability or disfigurement. |
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1 | (Source: P.A. 100-334, eff. 8-25-17.)
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2 | (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
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3 | Sec. 8-251. Felony conviction. None of the benefits | ||||||
4 | provided for in this Article shall be paid to any
person who is | ||||||
5 | convicted of any felony relating to or arising out of or in
| ||||||
6 | connection with his service as a municipal employee.
| ||||||
7 | Upon petition by the Board or on its own motion, a circuit | ||||||
8 | court may order that none of the benefits provided in this | ||||||
9 | Article be paid to a person who first becomes a police officer | ||||||
10 | on or after the effective date of this amendatory Act of the | ||||||
11 | 102nd General Assembly and who has been convicted of a | ||||||
12 | disqualifying offense if the court finds that: (1) the | ||||||
13 | disqualifying offense was committed with the use of police | ||||||
14 | authority, resources, or other materials; (2) the | ||||||
15 | disqualifying offense threatened public safety; or (3) the | ||||||
16 | totality of the circumstances of the disqualifying offense are | ||||||
17 | against the guiding principles and training of law | ||||||
18 | enforcement. | ||||||
19 | None of the benefits provided for in this Article shall be | ||||||
20 | paid to any person who otherwise would receive a survivor | ||||||
21 | benefit who is convicted of any felony relating to or arising | ||||||
22 | out of or in connection with the service of the employee from | ||||||
23 | whom the benefit results. | ||||||
24 | Upon petition by the Board or on its own motion, a court | ||||||
25 | may order that none of the benefits provided for in this |
| |||||||
| |||||||
1 | Article be paid to any person who otherwise would receive a | ||||||
2 | survivor benefit if the benefit results from the service of a | ||||||
3 | police officer who first became a police officer on or after | ||||||
4 | the effective date of this amendatory Act of the 102nd General | ||||||
5 | Assembly and who was convicted of a disqualifying offense if | ||||||
6 | the court finds that: (1) the disqualifying offense was | ||||||
7 | committed with the use of police authority, resources, or | ||||||
8 | other materials; (2) the disqualifying offense threatened | ||||||
9 | public safety; or (3) the totality of the circumstances of the | ||||||
10 | disqualifying offense are against the guiding principles and | ||||||
11 | training of law enforcement. | ||||||
12 | This Section shall not operate to impair any contract or | ||||||
13 | vested right
heretofore acquired under any law or laws | ||||||
14 | continued in this Article, nor to
preclude the right to a | ||||||
15 | refund, and for the changes under Public Act 100-334, shall | ||||||
16 | not impair any contract or vested right acquired by a survivor | ||||||
17 | prior to August 25, 2017 (the effective date of Public Act | ||||||
18 | 100-334). The changes made by this amendatory Act of the 102nd | ||||||
19 | General Assembly shall not impair any contract or vested right | ||||||
20 | acquired by a survivor prior to the effective date of this | ||||||
21 | amendatory Act of the 102nd General Assembly.
| ||||||
22 | Any refund required under this Article shall be calculated | ||||||
23 | based on that person's contributions to the Fund, less the | ||||||
24 | amount of any annuity benefit previously received by the | ||||||
25 | person or his or her beneficiaries. The changes made to this | ||||||
26 | Section by Public Act 100-23 apply only to persons who first |
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| |||||||
1 | become participants under this Article on or after July 6, | ||||||
2 | 2017 (the effective date of Public Act 100-23). | ||||||
3 | All future entrants entering service subsequent to July | ||||||
4 | 11, 1955 shall
be deemed to have consented to the provisions of | ||||||
5 | this Section as a
condition of coverage, and all participants | ||||||
6 | entering service subsequent to August 25, 2017 (the effective | ||||||
7 | date of Public Act 100-334) shall be deemed to have consented | ||||||
8 | to the provisions of Public Act 100-334 as a condition of | ||||||
9 | participation. All persons entering service after the | ||||||
10 | effective date of this amendatory Act of the 102nd General | ||||||
11 | Assembly shall be deemed to have consented to the provisions | ||||||
12 | of this amendatory Act of the 102nd General Assembly as a | ||||||
13 | condition of participation.
| ||||||
14 | In this Section: | ||||||
15 | "Disqualifying offense" means any of the following | ||||||
16 | offenses set forth in the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012 or any substantially similar offense in federal | ||||||
18 | law, the Uniform Code of Military Justice, or state law: | ||||||
19 | (1) Indecent solicitation of a child. | ||||||
20 | (2) Sexual exploitation of a child. | ||||||
21 | (3) Custodial sexual misconduct. | ||||||
22 | (4) Exploitation of a child. | ||||||
23 | (5) Child pornography. | ||||||
24 | (6) Aggravated child pornography. | ||||||
25 | (7) First degree murder. | ||||||
26 | (8) Second degree murder. |
| |||||||
| |||||||
1 | (9) Predatory criminal sexual assault of a child. | ||||||
2 | (10) Aggravated criminal sexual assault. | ||||||
3 | (11) Criminal sexual assault. | ||||||
4 | (12) Aggravated kidnaping. | ||||||
5 | (13) Aggravated battery resulting in great bodily harm
| ||||||
6 | or permanent disability or disfigurement. | ||||||
7 | "Police officer" means an employee who renders service as | ||||||
8 | a police officer and member of the regularly constituted | ||||||
9 | police department of the city. | ||||||
10 | (Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; | ||||||
11 | 100-863, eff. 8-14-18.)
| ||||||
12 | (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
| ||||||
13 | Sec. 9-235. Felony conviction. None of the benefits | ||||||
14 | provided in this Article shall be paid to any
person who is | ||||||
15 | convicted of any felony relating to or arising out of or in
| ||||||
16 | connection with his service as an employee.
| ||||||
17 | Upon petition by the Board or on its own motion, a circuit | ||||||
18 | court may order that none of the benefits provided in this | ||||||
19 | Article be paid to a person who first becomes a police officer | ||||||
20 | on or after the effective date of this amendatory Act of the | ||||||
21 | 102nd General Assembly and who has been convicted of a | ||||||
22 | disqualifying offense if the court finds that: (1) the | ||||||
23 | disqualifying offense was committed with the use of police | ||||||
24 | authority, resources, or other materials; (2) the | ||||||
25 | disqualifying offense threatened public safety; or (3) the |
| |||||||
| |||||||
1 | totality of the circumstances of the disqualifying offense are | ||||||
2 | against the guiding principles and training of law | ||||||
3 | enforcement. | ||||||
4 | None of the benefits provided for in this Article shall be | ||||||
5 | paid to any person who otherwise would receive a survivor | ||||||
6 | benefit who is convicted of any felony relating to or arising | ||||||
7 | out of or in connection with the service of the employee from | ||||||
8 | whom the benefit results. | ||||||
9 | Upon petition by the Board or on its own motion, a court | ||||||
10 | may order that none of the benefits provided for in this | ||||||
11 | Article be paid to any person who otherwise would receive a | ||||||
12 | survivor benefit if the benefit results from the service of a | ||||||
13 | police officer who first became a police officer on or after | ||||||
14 | the effective date of this amendatory Act of the 102nd General | ||||||
15 | Assembly and who was convicted of a disqualifying offense if | ||||||
16 | the court finds that: (1) the disqualifying offense was | ||||||
17 | committed with the use of police authority, resources, or | ||||||
18 | other materials; (2) the disqualifying offense threatened | ||||||
19 | public safety; or (3) the totality of the circumstances of the | ||||||
20 | disqualifying offense are against the guiding principles and | ||||||
21 | training of law enforcement. | ||||||
22 | This Section shall not operate to impair any contract or | ||||||
23 | vested right
heretofore acquired under any law or laws | ||||||
24 | continued in this Article, nor to
preclude the right to a | ||||||
25 | refund, and for the changes under this amendatory Act of the | ||||||
26 | 100th General Assembly, shall not impair any contract or |
| |||||||
| |||||||
1 | vested right acquired by a survivor prior to the effective | ||||||
2 | date of this amendatory Act of the 100th General Assembly. The | ||||||
3 | changes made by this amendatory Act of the 102nd General | ||||||
4 | Assembly shall not impair any contract or vested right | ||||||
5 | acquired by a survivor prior to the effective date of this | ||||||
6 | amendatory Act of the 102nd General Assembly.
| ||||||
7 | All future entrants entering service after July 11, 1955, | ||||||
8 | shall be
deemed to have consented to the provisions of this | ||||||
9 | section as a condition
of coverage, and all participants | ||||||
10 | entering service subsequent to the effective date of this | ||||||
11 | amendatory Act of the 100th General Assembly shall be deemed | ||||||
12 | to have consented to the provisions of this amendatory Act as a | ||||||
13 | condition of participation. All persons entering service after | ||||||
14 | the effective date of this amendatory Act of the 102nd General | ||||||
15 | Assembly shall be deemed to have consented to the provisions | ||||||
16 | of this amendatory Act of the 102nd General Assembly as a | ||||||
17 | condition of participation.
| ||||||
18 | In this Section: | ||||||
19 | "Disqualifying offense" means any of the following | ||||||
20 | offenses set forth in the Criminal Code of 1961 or the Criminal | ||||||
21 | Code of 2012 or any substantially similar offense in federal | ||||||
22 | law, the Uniform Code of Military Justice, or state law: | ||||||
23 | (1) Indecent solicitation of a child. | ||||||
24 | (2) Sexual exploitation of a child. | ||||||
25 | (3) Custodial sexual misconduct. | ||||||
26 | (4) Exploitation of a child. |
| |||||||
| |||||||
1 | (5) Child pornography. | ||||||
2 | (6) Aggravated child pornography. | ||||||
3 | (7) First degree murder. | ||||||
4 | (8) Second degree murder. | ||||||
5 | (9) Predatory criminal sexual assault of a child. | ||||||
6 | (10) Aggravated criminal sexual assault. | ||||||
7 | (11) Criminal sexual assault. | ||||||
8 | (12) Aggravated kidnaping. | ||||||
9 | (13) Aggravated battery resulting in great bodily harm
| ||||||
10 | or permanent disability or disfigurement. | ||||||
11 | "Police officer" means an employee of the county employed | ||||||
12 | in any position under the County Police Merit Board as a deputy | ||||||
13 | sheriff in the County Police Department. | ||||||
14 | (Source: P.A. 100-334, eff. 8-25-17.)
| ||||||
15 | (40 ILCS 5/10-109) | ||||||
16 | Sec. 10-109. Felony conviction. None of the benefits | ||||||
17 | provided in this Article shall be paid to any
person who is | ||||||
18 | convicted of any felony relating to or arising out of or in
| ||||||
19 | connection with his service as an employee. | ||||||
20 | Upon petition by the Board or on its own motion, a circuit | ||||||
21 | court may order that none of the benefits provided in this | ||||||
22 | Article be paid to a person who first becomes a police officer | ||||||
23 | on or after the effective date of this amendatory Act of the | ||||||
24 | 102nd General Assembly and who has been convicted of a | ||||||
25 | disqualifying offense if the court finds that: (1) the |
| |||||||
| |||||||
1 | disqualifying offense was committed with the use of police | ||||||
2 | authority, resources, or other materials; (2) the | ||||||
3 | disqualifying offense threatened public safety; or (3) the | ||||||
4 | totality of the circumstances of the disqualifying offense are | ||||||
5 | against the guiding principles and training of law | ||||||
6 | enforcement. | ||||||
7 | None of the benefits provided for in this Article shall be | ||||||
8 | paid to any person who otherwise would receive a survivor | ||||||
9 | benefit who is convicted of any felony relating to or arising | ||||||
10 | out of or in connection with the service of the employee from | ||||||
11 | whom the benefit results. | ||||||
12 | Upon petition by the Board or on its own motion, a court | ||||||
13 | may order that none of the benefits provided for in this | ||||||
14 | Article be paid to any person who otherwise would receive a | ||||||
15 | survivor benefit if the benefit results from the service of a | ||||||
16 | police officer who first became a police officer on or after | ||||||
17 | the effective date of this amendatory Act of the 102nd General | ||||||
18 | Assembly and who was convicted of a disqualifying offense if | ||||||
19 | the court finds that: (1) the disqualifying offense was | ||||||
20 | committed with the use of police authority, resources, or | ||||||
21 | other materials; (2) the disqualifying offense threatened | ||||||
22 | public safety; or (3) the totality of the circumstances of the | ||||||
23 | disqualifying offense are against the guiding principles and | ||||||
24 | training of law enforcement. | ||||||
25 | This Section shall not operate to impair any contract or | ||||||
26 | vested right
heretofore acquired under any law or laws |
| |||||||
| |||||||
1 | continued in this Article, nor to
preclude the right to a | ||||||
2 | refund, and for the changes under this amendatory Act of the | ||||||
3 | 100th General Assembly, shall not impair any contract or | ||||||
4 | vested right acquired by a survivor prior to the effective | ||||||
5 | date of this amendatory Act of the 100th General Assembly. The | ||||||
6 | changes made by this amendatory Act of the 102nd General | ||||||
7 | Assembly shall not impair any contract or vested right | ||||||
8 | acquired by a survivor prior to the effective date of this | ||||||
9 | amendatory Act of the 102nd General Assembly. | ||||||
10 | All future entrants entering service after the effective | ||||||
11 | date of this amendatory Act of the 95th General Assembly shall | ||||||
12 | be
deemed to have consented to the provisions of this Section | ||||||
13 | as a condition
of coverage, and all participants entering | ||||||
14 | service subsequent to the effective date of this amendatory | ||||||
15 | Act of the 100th General Assembly shall be deemed to have | ||||||
16 | consented to the provisions of this amendatory Act as a | ||||||
17 | condition of participation. All persons entering service after | ||||||
18 | the effective date of this amendatory Act of the 102nd General | ||||||
19 | Assembly shall be deemed to have consented to the provisions | ||||||
20 | of this amendatory Act of the 102nd General Assembly as a | ||||||
21 | condition of participation.
| ||||||
22 | In this Section: | ||||||
23 | "Disqualifying offense" means any of the following | ||||||
24 | offenses set forth in the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012 or any substantially similar offense in federal | ||||||
26 | law, the Uniform Code of Military Justice, or state law: |
| |||||||
| |||||||
1 | (1) Indecent solicitation of a child. | ||||||
2 | (2) Sexual exploitation of a child. | ||||||
3 | (3) Custodial sexual misconduct. | ||||||
4 | (4) Exploitation of a child. | ||||||
5 | (5) Child pornography. | ||||||
6 | (6) Aggravated child pornography. | ||||||
7 | (7) First degree murder. | ||||||
8 | (8) Second degree murder. | ||||||
9 | (9) Predatory criminal sexual assault of a child. | ||||||
10 | (10) Aggravated criminal sexual assault. | ||||||
11 | (11) Criminal sexual assault. | ||||||
12 | (12) Aggravated kidnaping. | ||||||
13 | (13) Aggravated battery resulting in great bodily harm
| ||||||
14 | or permanent disability or disfigurement. | ||||||
15 | "Police officer" means a member of the police force of the | ||||||
16 | district, as provided for in Section 15 of the Cook County | ||||||
17 | Forest Preserve District Act. | ||||||
18 | (Source: P.A. 100-334, eff. 8-25-17.)
| ||||||
19 | (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
| ||||||
20 | Sec. 14-149. Felony conviction. None of the benefits | ||||||
21 | herein provided for
shall be paid to any person
who is | ||||||
22 | convicted of any felony relating to or arising out of or in
| ||||||
23 | connection with his service as an employee.
| ||||||
24 | Upon petition by the Board or on its own motion, a circuit | ||||||
25 | court may order that none of the benefits provided in this |
| |||||||
| |||||||
1 | Article be paid to a person who first becomes a police officer | ||||||
2 | on or after the effective date of this amendatory Act of the | ||||||
3 | 102nd General Assembly and who has been convicted of a | ||||||
4 | disqualifying offense if the court finds that: (1) the | ||||||
5 | disqualifying offense was committed with the use of police | ||||||
6 | authority, resources, or other materials; (2) the | ||||||
7 | disqualifying offense threatened public safety; or (3) the | ||||||
8 | totality of the circumstances of the disqualifying offense are | ||||||
9 | against the guiding principles and training of law | ||||||
10 | enforcement. | ||||||
11 | None of the benefits provided for in this Article shall be | ||||||
12 | paid to any person who otherwise would receive a survivor | ||||||
13 | benefit who is convicted of any felony relating to or arising | ||||||
14 | out of or in connection with the service of the employee from | ||||||
15 | whom the benefit results. | ||||||
16 | Upon petition by the Board or on its own motion, a court | ||||||
17 | may order that none of the benefits provided for in this | ||||||
18 | Article be paid to any person who otherwise would receive a | ||||||
19 | survivor benefit if the benefit results from the service of a | ||||||
20 | police officer who first became a police officer on or after | ||||||
21 | the effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly and who was convicted of a disqualifying offense if | ||||||
23 | the court finds that: (1) the disqualifying offense was | ||||||
24 | committed with the use of police authority, resources, or | ||||||
25 | other materials; (2) the disqualifying offense threatened | ||||||
26 | public safety; or (3) the totality of the circumstances of the |
| |||||||
| |||||||
1 | disqualifying offense are against the guiding principles and | ||||||
2 | training of law enforcement. | ||||||
3 | This Section shall not operate to impair any contract or | ||||||
4 | vested right
heretofore acquired under any law or laws | ||||||
5 | continued in this Article nor
to preclude the right to a | ||||||
6 | refund, and for the changes under this amendatory Act of the | ||||||
7 | 100th General Assembly, shall not impair any contract or | ||||||
8 | vested right acquired by a survivor prior to the effective | ||||||
9 | date of this amendatory Act of the 100th General Assembly. The | ||||||
10 | changes made by this amendatory Act of the 102nd General | ||||||
11 | Assembly shall not impair any contract or vested right | ||||||
12 | acquired by a survivor prior to the effective date of this | ||||||
13 | amendatory Act of the 102nd General Assembly.
| ||||||
14 | All future entrants entering service subsequent to July 9, | ||||||
15 | 1955 shall
be deemed to have consented to the provisions of | ||||||
16 | this section as a
condition of coverage, and all participants | ||||||
17 | entering service subsequent to the effective date of this | ||||||
18 | amendatory Act of the 100th General Assembly shall be deemed | ||||||
19 | to have consented to the provisions of this amendatory Act as a | ||||||
20 | condition of participation. All persons entering service after | ||||||
21 | the effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly shall be deemed to have consented to the provisions | ||||||
23 | of this amendatory Act of the 102nd General Assembly as a | ||||||
24 | condition of participation.
| ||||||
25 | In this Section: | ||||||
26 | "Disqualifying offense" means any of the following |
| |||||||
| |||||||
1 | offenses set forth in the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012 or any substantially similar offense in federal | ||||||
3 | law, the Uniform Code of Military Justice, or state law: | ||||||
4 | (1) Indecent solicitation of a child. | ||||||
5 | (2) Sexual exploitation of a child. | ||||||
6 | (3) Custodial sexual misconduct. | ||||||
7 | (4) Exploitation of a child. | ||||||
8 | (5) Child pornography. | ||||||
9 | (6) Aggravated child pornography. | ||||||
10 | (7) First degree murder. | ||||||
11 | (8) Second degree murder. | ||||||
12 | (9) Predatory criminal sexual assault of a child. | ||||||
13 | (10) Aggravated criminal sexual assault. | ||||||
14 | (11) Criminal sexual assault. | ||||||
15 | (12) Aggravated kidnaping. | ||||||
16 | (13) Aggravated battery resulting in great bodily harm
| ||||||
17 | or permanent disability or disfigurement. | ||||||
18 | "Police officer" means a State policeman, special agent, | ||||||
19 | investigator for the Secretary of State, conservation police | ||||||
20 | officer, investigator for the Department of Revenue or the
| ||||||
21 | Illinois Gaming Board, security employee of the Department of | ||||||
22 | Human
Services, Central Management Services security police
| ||||||
23 | officer, security employee of the Department of
Corrections or | ||||||
24 | the Department of Juvenile Justice, dangerous drugs | ||||||
25 | investigator, investigator for the Department of State Police, | ||||||
26 | investigator for the Office of the Attorney
General, |
| |||||||
| |||||||
1 | controlled substance inspector, investigator for the Office of | ||||||
2 | the State's
Attorneys Appellate Prosecutor, Commerce | ||||||
3 | Commission police officer, arson investigator, or security | ||||||
4 | employee of the Department of
Innovation and Technology. | ||||||
5 | (Source: P.A. 100-334, eff. 8-25-17.)
| ||||||
6 | (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
| ||||||
7 | Sec. 15-187. Felony conviction. None of the benefits | ||||||
8 | provided under this
Article shall be paid to any person who is | ||||||
9 | convicted of any felony relating to
or arising out of or in | ||||||
10 | connection with a person's service as an employee from which | ||||||
11 | the benefit derives.
| ||||||
12 | Upon petition by the Board or on its own motion, a circuit | ||||||
13 | court may order that none of the benefits provided in this | ||||||
14 | Article be paid to a person who first becomes a police officer | ||||||
15 | on or after the effective date of this amendatory Act of the | ||||||
16 | 102nd General Assembly and who has been convicted of a | ||||||
17 | disqualifying offense if the court finds that: (1) the | ||||||
18 | disqualifying offense was committed with the use of police | ||||||
19 | authority, resources, or other materials; (2) the | ||||||
20 | disqualifying offense threatened public safety; or (3) the | ||||||
21 | totality of the circumstances of the disqualifying offense are | ||||||
22 | against the guiding principles and training of law | ||||||
23 | enforcement. | ||||||
24 | Upon petition by the Board or on its own motion, a court | ||||||
25 | may order that none of the benefits provided for in this |
| |||||||
| |||||||
1 | Article be paid to any person who otherwise would receive a | ||||||
2 | survivor benefit if the benefit results from the service of a | ||||||
3 | police officer who first became a police officer on or after | ||||||
4 | the effective date of this amendatory Act of the 102nd General | ||||||
5 | Assembly and who was convicted of a disqualifying offense if | ||||||
6 | the court finds that: (1) the disqualifying offense was | ||||||
7 | committed with the use of police authority, resources, or | ||||||
8 | other materials; (2) the disqualifying offense threatened | ||||||
9 | public safety; or (3) the totality of the circumstances of the | ||||||
10 | disqualifying offense are against the guiding principles and | ||||||
11 | training of law enforcement. | ||||||
12 | This Section shall not operate to impair any contract or | ||||||
13 | vested right
heretofore acquired under any law or laws | ||||||
14 | continued in this Article, nor
to preclude the right to a | ||||||
15 | refund. The changes made to this Section by this amendatory | ||||||
16 | Act of the 100th General Assembly shall not impair any | ||||||
17 | contract or vested right acquired prior to the effective date | ||||||
18 | of this amendatory Act of the 100th General Assembly. No | ||||||
19 | refund paid based on a court order that none of the benefits | ||||||
20 | provided for in this Article be paid to a person or to any | ||||||
21 | person who is
convicted of a felony relating to or arising out | ||||||
22 | of or in connection with the person's service as an employee | ||||||
23 | shall include employer contributions or
interest or, in the | ||||||
24 | case of the self-managed plan authorized under Section
| ||||||
25 | 15-158.2, any employer contributions or investment return on | ||||||
26 | such employer
contributions.
|
| |||||||
| |||||||
1 | All persons entering service subsequent to July 9, 1955 | ||||||
2 | shall be deemed to
have consented to the provisions of this | ||||||
3 | Section as a condition of coverage, and all participants | ||||||
4 | entering service on or subsequent to the effective date of | ||||||
5 | this amendatory Act of the 100th General Assembly shall be | ||||||
6 | deemed to have consented to the provisions of this amendatory | ||||||
7 | Act as a condition of participation. All persons entering | ||||||
8 | service after the effective date of this amendatory Act of the | ||||||
9 | 102nd General Assembly shall be deemed to have consented to | ||||||
10 | the provisions of this amendatory Act of the 102nd General | ||||||
11 | Assembly as a condition of participation.
| ||||||
12 | In this Section, "disqualifying offense" means any of the | ||||||
13 | following offenses set forth in the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012 or any substantially similar offense | ||||||
15 | in federal law, the Uniform Code of Military Justice, or state | ||||||
16 | law: | ||||||
17 | (1) Indecent solicitation of a child. | ||||||
18 | (2) Sexual exploitation of a child. | ||||||
19 | (3) Custodial sexual misconduct. | ||||||
20 | (4) Exploitation of a child. | ||||||
21 | (5) Child pornography. | ||||||
22 | (6) Aggravated child pornography. | ||||||
23 | (7) First degree murder. | ||||||
24 | (8) Second degree murder. | ||||||
25 | (9) Predatory criminal sexual assault of a child. | ||||||
26 | (10) Aggravated criminal sexual assault. |
| |||||||
| |||||||
1 | (11) Criminal sexual assault. | ||||||
2 | (12) Aggravated kidnaping. | ||||||
3 | (13) Aggravated battery resulting in great bodily harm
| ||||||
4 | or permanent disability or disfigurement. | ||||||
5 | (Source: P.A. 100-334, eff. 8-25-17.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|