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1 | AN ACT concerning criminal law.
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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 1. Short title. This Act may be cited as the Peace | |||||||||||||||||||||||||||
5 | Officer Accountability Act. | |||||||||||||||||||||||||||
6 | Section 5. Legislative findings. The General Assembly | |||||||||||||||||||||||||||
7 | finds that: | |||||||||||||||||||||||||||
8 | (1) The United States Department of Justice has found | |||||||||||||||||||||||||||
9 | reasonable cause to believe that the Chicago Police Department | |||||||||||||||||||||||||||
10 | engages in a pattern or practice of using force, including | |||||||||||||||||||||||||||
11 | deadly force, in violation of the Fourth Amendment of the | |||||||||||||||||||||||||||
12 | United States Constitution. | |||||||||||||||||||||||||||
13 | (2) The Department found that Chicago Police Department | |||||||||||||||||||||||||||
14 | officers' practices unnecessarily endanger themselves and | |||||||||||||||||||||||||||
15 | result in unnecessary and avoidable uses of force. | |||||||||||||||||||||||||||
16 | (3) The pattern or practice results from systemic | |||||||||||||||||||||||||||
17 | deficiencies in training and accountability, including the | |||||||||||||||||||||||||||
18 | failure to train officers in de-escalation and the failure to | |||||||||||||||||||||||||||
19 | conduct meaningful investigations of uses of force. | |||||||||||||||||||||||||||
20 | (4) A law codifying the suggestions of the United States | |||||||||||||||||||||||||||
21 | Department of Justice for the Chicago Police Department and | |||||||||||||||||||||||||||
22 | applying to all police departments in this State could aid in | |||||||||||||||||||||||||||
23 | improving those departments. |
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1 | Section 10. Definitions. As used in this Act: | ||||||
2 | "Department" means a municipal police department or office | ||||||
3 | of the county sheriff. | ||||||
4 | "Exclusive representative" has the meaning ascribed to it | ||||||
5 | in Section 3 of the Illinois Public Labor Relations Act. | ||||||
6 | "Liability insurance" means insurance on
risks based upon | ||||||
7 | negligence by a peace officer. | ||||||
8 | "Peace officer" has the meaning ascribed to it in Section | ||||||
9 | 2-13 of the Criminal Code of 2012; except that the term is | ||||||
10 | limited to peace officers employed by a municipality or county | ||||||
11 | sheriff. | ||||||
12 | "Unethical conduct" means non-criminal conduct that | ||||||
13 | violates department rules or procedures or violates ordinances | ||||||
14 | concerning peace officer conduct. | ||||||
15 | "Unit of government" means a municipality with respect to | ||||||
16 | peace officers employed by the municipality and the county | ||||||
17 | with respect to peace officers employed by the county sheriff. | ||||||
18 | "Unlawful conduct" means conduct that violates the penal | ||||||
19 | statutes of this State or criminal conduct proscribed by | ||||||
20 | ordinance of the unit of government. | ||||||
21 | Section 15. Peace officer firearms requirement. Before a | ||||||
22 | peace officer is permitted to carry a firearm in the unit of | ||||||
23 | government in which he or she is employed, the peace officer | ||||||
24 | must either: |
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1 | (1) live in the unit of government in which he or she | ||||||
2 | serves; or | ||||||
3 | (2) complete either: | ||||||
4 | (A) 200 hours of volunteer work in the unit of | ||||||
5 | government in which he or she shall be serving; or | ||||||
6 | (B) 200 hours of specified training related to the | ||||||
7 | unit of government in which he or she shall be serving, or | ||||||
8 | any combination of volunteer work and training.
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9 | Section 20. Liability insurance. In addition to the | ||||||
10 | indemnity provided to peace officers by the unit of government | ||||||
11 | under Section 5-1002 of the Counties Code or under Section | ||||||
12 | 1-4-5 or 1-4-6 of the Illinois Municipal Code, the unit of | ||||||
13 | government shall require each peace officer employed by the | ||||||
14 | unit of government before entering upon the officer's duties | ||||||
15 | to have a liability insurance policy to indemnify the unit of | ||||||
16 | government which employs the officer for any negligence | ||||||
17 | committed by the officer in the performance of his or her | ||||||
18 | duties. | ||||||
19 | Section 25. Promotions; transparency. Promotions of peace | ||||||
20 | officers shall be transparent. The public shall have access to | ||||||
21 | all documents concerning promotions, which documents are | ||||||
22 | subject to disclosure under the Freedom of Information Act. | ||||||
23 | Section 30. Peace officer report of unlawful and unethical |
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1 | conduct to internal affairs. Each peace officer, before | ||||||
2 | discharging his or her duties as a peace officer, shall sign an | ||||||
3 | affidavit declaring that he or she will report all unethical | ||||||
4 | and unlawful conduct of other peace officers immediately to | ||||||
5 | the internal affairs division of the department. The affidavit | ||||||
6 | shall be a public record subject to disclosure under the | ||||||
7 | Freedom of Information Act. | ||||||
8 | Section 35. Unconstitutional contracts and collective | ||||||
9 | bargaining agreements prohibited. The exclusive representative | ||||||
10 | of a peace officer bargaining unit may not enter into a | ||||||
11 | contract or collective bargaining agreement with the | ||||||
12 | department that permits unconstitutional conduct by peace | ||||||
13 | officers. | ||||||
14 | Section 100. The Freedom of Information Act is amended by | ||||||
15 | changing Section 7.5 as follows:
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16 | (5 ILCS 140/7.5)
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17 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
18 | by the statutes referenced below, the following shall be | ||||||
19 | exempt from inspection and copying: | ||||||
20 | (a) All information determined to be confidential | ||||||
21 | under Section 4002 of the Technology Advancement and | ||||||
22 | Development Act. | ||||||
23 | (b) Library circulation and order records identifying |
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1 | library users with specific materials under the Library | ||||||
2 | Records Confidentiality Act. | ||||||
3 | (c) Applications, related documents, and medical | ||||||
4 | records received by the Experimental Organ Transplantation | ||||||
5 | Procedures Board and any and all documents or other | ||||||
6 | records prepared by the Experimental Organ Transplantation | ||||||
7 | Procedures Board or its staff relating to applications it | ||||||
8 | has received. | ||||||
9 | (d) Information and records held by the Department of | ||||||
10 | Public Health and its authorized representatives relating | ||||||
11 | to known or suspected cases of sexually transmissible | ||||||
12 | disease or any information the disclosure of which is | ||||||
13 | restricted under the Illinois Sexually Transmissible | ||||||
14 | Disease Control Act. | ||||||
15 | (e) Information the disclosure of which is exempted | ||||||
16 | under Section 30 of the Radon Industry Licensing Act. | ||||||
17 | (f) Firm performance evaluations under Section 55 of | ||||||
18 | the Architectural, Engineering, and Land Surveying | ||||||
19 | Qualifications Based Selection Act. | ||||||
20 | (g) Information the disclosure of which is restricted | ||||||
21 | and exempted under Section 50 of the Illinois Prepaid | ||||||
22 | Tuition Act. | ||||||
23 | (h) Information the disclosure of which is exempted | ||||||
24 | under the State Officials and Employees Ethics Act, and | ||||||
25 | records of any lawfully created State or local inspector | ||||||
26 | general's office that would be exempt if created or |
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1 | obtained by an Executive Inspector General's office under | ||||||
2 | that Act. | ||||||
3 | (i) Information contained in a local emergency energy | ||||||
4 | plan submitted to a municipality in accordance with a | ||||||
5 | local emergency energy plan ordinance that is adopted | ||||||
6 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
7 | (j) Information and data concerning the distribution | ||||||
8 | of surcharge moneys collected and remitted by carriers | ||||||
9 | under the Emergency Telephone System Act. | ||||||
10 | (k) Law enforcement officer identification information | ||||||
11 | or driver identification information compiled by a law | ||||||
12 | enforcement agency or the Department of Transportation | ||||||
13 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
14 | (l) Records and information provided to a residential | ||||||
15 | health care facility resident sexual assault and death | ||||||
16 | review team or the Executive Council under the Abuse | ||||||
17 | Prevention Review Team Act. | ||||||
18 | (m) Information provided to the predatory lending | ||||||
19 | database created pursuant to Article 3 of the Residential | ||||||
20 | Real Property Disclosure Act, except to the extent | ||||||
21 | authorized under that Article. | ||||||
22 | (n) Defense budgets and petitions for certification of | ||||||
23 | compensation and expenses for court appointed trial | ||||||
24 | counsel as provided under Sections 10 and 15 of the | ||||||
25 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
26 | apply until the conclusion of the trial of the case, even |
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1 | if the prosecution chooses not to pursue the death penalty | ||||||
2 | prior to trial or sentencing. | ||||||
3 | (o) Information that is prohibited from being | ||||||
4 | disclosed under Section 4 of the Illinois Health and | ||||||
5 | Hazardous Substances Registry Act. | ||||||
6 | (p) Security portions of system safety program plans, | ||||||
7 | investigation reports, surveys, schedules, lists, data, or | ||||||
8 | information compiled, collected, or prepared by or for the | ||||||
9 | Department of Transportation under Sections 2705-300 and | ||||||
10 | 2705-616 of the Department of Transportation Law of the | ||||||
11 | Civil Administrative Code of Illinois, the Regional | ||||||
12 | Transportation Authority under Section 2.11 of the | ||||||
13 | Regional Transportation Authority Act, or the St. Clair | ||||||
14 | County Transit District under the Bi-State Transit Safety | ||||||
15 | Act. | ||||||
16 | (q) Information prohibited from being disclosed by the | ||||||
17 | Personnel Record Review Act , except information required | ||||||
18 | to be disclosed under Section 25 of the Peace Officer | ||||||
19 | Accountability Act . | ||||||
20 | (r) Information prohibited from being disclosed by the | ||||||
21 | Illinois School Student Records Act. | ||||||
22 | (s) Information the disclosure of which is restricted | ||||||
23 | under Section 5-108 of the Public Utilities Act.
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24 | (t) All identified or deidentified health information | ||||||
25 | in the form of health data or medical records contained | ||||||
26 | in, stored in, submitted to, transferred by, or released |
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1 | from the Illinois Health Information Exchange, and | ||||||
2 | identified or deidentified health information in the form | ||||||
3 | of health data and medical records of the Illinois Health | ||||||
4 | Information Exchange in the possession of the Illinois | ||||||
5 | Health Information Exchange Office due to its | ||||||
6 | administration of the Illinois Health Information | ||||||
7 | Exchange. The terms "identified" and "deidentified" shall | ||||||
8 | be given the same meaning as in the Health Insurance | ||||||
9 | Portability and Accountability Act of 1996, Public Law | ||||||
10 | 104-191, or any subsequent amendments thereto, and any | ||||||
11 | regulations promulgated thereunder. | ||||||
12 | (u) Records and information provided to an independent | ||||||
13 | team of experts under the Developmental Disability and | ||||||
14 | Mental Health Safety Act (also known as Brian's Law). | ||||||
15 | (v) Names and information of people who have applied | ||||||
16 | for or received Firearm Owner's Identification Cards under | ||||||
17 | the Firearm Owners Identification Card Act or applied for | ||||||
18 | or received a concealed carry license under the Firearm | ||||||
19 | Concealed Carry Act, unless otherwise authorized by the | ||||||
20 | Firearm Concealed Carry Act; and databases under the | ||||||
21 | Firearm Concealed Carry Act, records of the Concealed | ||||||
22 | Carry Licensing Review Board under the Firearm Concealed | ||||||
23 | Carry Act, and law enforcement agency objections under the | ||||||
24 | Firearm Concealed Carry Act. | ||||||
25 | (v-5) Records of the Firearm Owner's Identification | ||||||
26 | Card Review Board that are exempted from disclosure under |
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1 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
2 | (w) Personally identifiable information which is | ||||||
3 | exempted from disclosure under subsection (g) of Section | ||||||
4 | 19.1 of the Toll Highway Act. | ||||||
5 | (x) Information which is exempted from disclosure | ||||||
6 | under Section 5-1014.3 of the Counties Code or Section | ||||||
7 | 8-11-21 of the Illinois Municipal Code. | ||||||
8 | (y) Confidential information under the Adult | ||||||
9 | Protective Services Act and its predecessor enabling | ||||||
10 | statute, the Elder Abuse and Neglect Act, including | ||||||
11 | information about the identity and administrative finding | ||||||
12 | against any caregiver of a verified and substantiated | ||||||
13 | decision of abuse, neglect, or financial exploitation of | ||||||
14 | an eligible adult maintained in the Registry established | ||||||
15 | under Section 7.5 of the Adult Protective Services Act. | ||||||
16 | (z) Records and information provided to a fatality | ||||||
17 | review team or the Illinois Fatality Review Team Advisory | ||||||
18 | Council under Section 15 of the Adult Protective Services | ||||||
19 | Act. | ||||||
20 | (aa) Information which is exempted from disclosure | ||||||
21 | under Section 2.37 of the Wildlife Code. | ||||||
22 | (bb) Information which is or was prohibited from | ||||||
23 | disclosure by the Juvenile Court Act of 1987. | ||||||
24 | (cc) Recordings made under the Law Enforcement | ||||||
25 | Officer-Worn Body Camera Act, except to the extent | ||||||
26 | authorized under that Act. |
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1 | (dd) Information that is prohibited from being | ||||||
2 | disclosed under Section 45 of the Condominium and Common | ||||||
3 | Interest Community Ombudsperson Act. | ||||||
4 | (ee) Information that is exempted from disclosure | ||||||
5 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
6 | (ff) Information that is exempted from disclosure | ||||||
7 | under the Revised Uniform Unclaimed Property Act. | ||||||
8 | (gg) Information that is prohibited from being | ||||||
9 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
10 | Code. | ||||||
11 | (hh) Records that are exempt from disclosure under | ||||||
12 | Section 1A-16.7 of the Election Code. | ||||||
13 | (ii) Information which is exempted from disclosure | ||||||
14 | under Section 2505-800 of the Department of Revenue Law of | ||||||
15 | the Civil Administrative Code of Illinois. | ||||||
16 | (jj) Information and reports that are required to be | ||||||
17 | submitted to the Department of Labor by registering day | ||||||
18 | and temporary labor service agencies but are exempt from | ||||||
19 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
20 | and Temporary Labor Services Act. | ||||||
21 | (kk) Information prohibited from disclosure under the | ||||||
22 | Seizure and Forfeiture Reporting Act. | ||||||
23 | (ll) Information the disclosure of which is restricted | ||||||
24 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
25 | Aid Code. | ||||||
26 | (mm) Records that are exempt from disclosure under |
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1 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
2 | (nn) Information that is exempt from disclosure under | ||||||
3 | Section 70 of the Higher Education Student Assistance Act. | ||||||
4 | (oo) Communications, notes, records, and reports | ||||||
5 | arising out of a peer support counseling session | ||||||
6 | prohibited from disclosure under the First Responders | ||||||
7 | Suicide Prevention Act. | ||||||
8 | (pp) Names and all identifying information relating to | ||||||
9 | an employee of an emergency services provider or law | ||||||
10 | enforcement agency under the First Responders Suicide | ||||||
11 | Prevention Act. | ||||||
12 | (qq) Information and records held by the Department of | ||||||
13 | Public Health and its authorized representatives collected | ||||||
14 | under the Reproductive Health Act. | ||||||
15 | (rr) Information that is exempt from disclosure under | ||||||
16 | the Cannabis Regulation and Tax Act. | ||||||
17 | (ss) Data reported by an employer to the Department of | ||||||
18 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
19 | Human Rights Act. | ||||||
20 | (tt) Recordings made under the Children's Advocacy | ||||||
21 | Center Act, except to the extent authorized under that | ||||||
22 | Act. | ||||||
23 | (uu) Information that is exempt from disclosure under | ||||||
24 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
25 | (vv) Information that is exempt from disclosure under | ||||||
26 | subsections (f) and (j) of Section 5-36 of the Illinois |
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1 | Public Aid Code. | ||||||
2 | (ww) Information that is exempt from disclosure under | ||||||
3 | Section 16.8 of the State Treasurer Act. | ||||||
4 | (xx) Information that is exempt from disclosure or | ||||||
5 | information that shall not be made public under the | ||||||
6 | Illinois Insurance Code. | ||||||
7 | (yy) Information prohibited from being disclosed under | ||||||
8 | the Illinois Educational Labor Relations Act. | ||||||
9 | (zz) Information prohibited from being disclosed under | ||||||
10 | the Illinois Public Labor Relations Act. | ||||||
11 | (aaa) Information prohibited from being disclosed | ||||||
12 | under Section 1-167 of the Illinois Pension Code. | ||||||
13 | (bbb) Information that is prohibited from disclosure | ||||||
14 | by the Illinois Police Training Act and the Illinois State | ||||||
15 | Police Act. | ||||||
16 | (ccc) Records exempt from disclosure under Section
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17 | 2605-304 of the Illinois State Police Law of the Civil
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18 | Administrative Code of Illinois. | ||||||
19 | (ddd) Information prohibited from being disclosed | ||||||
20 | under Section 35 of the Address Confidentiality for | ||||||
21 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
22 | Trafficking, or Stalking Act. | ||||||
23 | (eee) Information prohibited from being disclosed | ||||||
24 | under subsection (b) of Section 75 of the Domestic | ||||||
25 | Violence Fatality Review Act. | ||||||
26 | (fff) Images from cameras under the Expressway Camera |
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1 | Act. This subsection (fff) is inoperative on and after | ||||||
2 | July 1, 2023. | ||||||
3 | (ggg) (fff) Information prohibited from disclosure | ||||||
4 | under paragraph (3) of subsection (a) of Section 14 of the | ||||||
5 | Nurse Agency Licensing Act. | ||||||
6 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
7 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
8 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
9 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
10 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
11 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
12 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
13 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
14 | 7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
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15 | Section 105. The Illinois Public Labor Relations Act is | ||||||
16 | amended by changing Section 4 as follows: | ||||||
17 | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| ||||||
18 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
19 | which has been held unconstitutional) | ||||||
20 | Sec. 4. Management Rights ; Unconstitutional Peace Officer | ||||||
21 | Conduct . Employers shall not be required to bargain
over | ||||||
22 | matters of inherent managerial policy, which shall include | ||||||
23 | such areas
of discretion or policy as the functions of the | ||||||
24 | employer, standards of
services,
its overall budget, the |
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1 | organizational structure and selection of new
employees, | ||||||
2 | examination techniques
and direction of employees. Employers, | ||||||
3 | however, shall be required to bargain
collectively with regard | ||||||
4 | to
policy matters directly affecting wages, hours and terms | ||||||
5 | and conditions of employment
as well as the impact thereon | ||||||
6 | upon request by employee representatives.
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7 | The exclusive representative of a peace officer unit and | ||||||
8 | an employer may not bargain over matters that would permit | ||||||
9 | peace officer conduct that would violate the Constitution of | ||||||
10 | the United States or this State and any agreement that would | ||||||
11 | permit peace officer conduct that would violate the | ||||||
12 | Constitution of the United States or this State is void. | ||||||
13 | To preserve the rights of employers and exclusive | ||||||
14 | representatives which
have established collective bargaining | ||||||
15 | relationships or negotiated collective
bargaining agreements | ||||||
16 | prior to the effective date of this Act, employers
shall be | ||||||
17 | required to bargain collectively with regard to any matter | ||||||
18 | concerning
wages, hours or conditions of employment about | ||||||
19 | which they have bargained
for and agreed to in a collective | ||||||
20 | bargaining agreement
prior to the effective date of this Act.
| ||||||
21 | The chief judge of the judicial circuit that employs a | ||||||
22 | public employee who
is
a court reporter, as defined in the | ||||||
23 | Court Reporters Act, has the authority to
hire, appoint, | ||||||
24 | promote, evaluate, discipline, and discharge court reporters
| ||||||
25 | within that judicial circuit.
| ||||||
26 | Nothing in this amendatory Act of the 94th General |
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| |||||||
1 | Assembly shall
be construed to intrude upon the judicial | ||||||
2 | functions of any court. This
amendatory Act of the 94th | ||||||
3 | General Assembly applies only to nonjudicial
administrative | ||||||
4 | matters relating to the collective bargaining rights of court
| ||||||
5 | reporters.
| ||||||
6 | (Source: P.A. 94-98, eff. 7-1-05.)
| ||||||
7 | Section 110. The Illinois Police Training Act is amended | ||||||
8 | by changing Section 7 as follows:
| ||||||
9 | (50 ILCS 705/7)
| ||||||
10 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
11 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
12 | adopt rules and
minimum standards for such schools which shall | ||||||
13 | include, but not be limited to,
the following:
| ||||||
14 | a. The curriculum for probationary law enforcement | ||||||
15 | officers which shall be
offered by all certified schools | ||||||
16 | shall include, but not be limited to,
courses of | ||||||
17 | procedural justice, arrest and use and control tactics, | ||||||
18 | search and seizure, including temporary questioning, civil | ||||||
19 | rights, human rights, human relations,
cultural | ||||||
20 | competency, including implicit bias and racial and ethnic | ||||||
21 | sensitivity,
criminal law, law of criminal procedure, | ||||||
22 | constitutional and proper use of law enforcement | ||||||
23 | authority, crisis intervention training, vehicle and | ||||||
24 | traffic law including
uniform and non-discriminatory |
| |||||||
| |||||||
1 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
2 | and accident investigation, techniques of obtaining
| ||||||
3 | physical evidence, court testimonies, statements, reports, | ||||||
4 | firearms
training, training in the use of electronic | ||||||
5 | control devices, including the psychological and | ||||||
6 | physiological effects of the use of those devices on | ||||||
7 | humans, first-aid (including cardiopulmonary | ||||||
8 | resuscitation), training in the administration of opioid | ||||||
9 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
10 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
11 | handling of
juvenile offenders, recognition of
mental | ||||||
12 | conditions and crises, including, but not limited to, the | ||||||
13 | disease of addiction, which require immediate assistance | ||||||
14 | and response and methods to
safeguard and provide | ||||||
15 | assistance to a person in need of mental
treatment, | ||||||
16 | recognition of abuse, neglect, financial exploitation, and | ||||||
17 | self-neglect of adults with disabilities and older adults, | ||||||
18 | as defined in Section 2 of the Adult Protective Services | ||||||
19 | Act, crimes against the elderly, law of evidence, the | ||||||
20 | hazards of high-speed police vehicle
chases with an | ||||||
21 | emphasis on alternatives to the high-speed chase, and
| ||||||
22 | physical training. The curriculum shall include specific | ||||||
23 | training in
techniques for immediate response to and | ||||||
24 | investigation of cases of domestic
violence and of sexual | ||||||
25 | assault of adults and children, including cultural | ||||||
26 | perceptions and common myths of sexual assault and sexual |
| |||||||
| |||||||
1 | abuse as well as interview techniques that are age | ||||||
2 | sensitive and are trauma informed, victim centered, and | ||||||
3 | victim sensitive. The curriculum shall include
training in | ||||||
4 | techniques designed to promote effective
communication at | ||||||
5 | the initial contact with crime victims and ways to | ||||||
6 | comprehensively
explain to victims and witnesses their | ||||||
7 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
8 | and the Crime
Victims Compensation Act. The curriculum | ||||||
9 | shall also include training in effective recognition of | ||||||
10 | and responses to stress, trauma, and post-traumatic stress | ||||||
11 | experienced by law enforcement officers that is consistent | ||||||
12 | with Section 25 of the Illinois Mental Health First Aid | ||||||
13 | Training Act in a peer setting, including recognizing | ||||||
14 | signs and symptoms of work-related cumulative stress, | ||||||
15 | issues that may lead to suicide, and solutions for | ||||||
16 | intervention with peer support resources. The curriculum | ||||||
17 | shall include a block of instruction addressing the | ||||||
18 | mandatory reporting requirements under the Abused and | ||||||
19 | Neglected Child Reporting Act. The curriculum shall also | ||||||
20 | include a block of instruction aimed at identifying and | ||||||
21 | interacting with persons with autism and other | ||||||
22 | developmental or physical disabilities, reducing barriers | ||||||
23 | to reporting crimes against persons with autism, and | ||||||
24 | addressing the unique challenges presented by cases | ||||||
25 | involving victims or witnesses with autism and other | ||||||
26 | developmental disabilities. The curriculum shall include |
| |||||||
| |||||||
1 | training in the detection and investigation of all forms | ||||||
2 | of human trafficking. The curriculum shall also include | ||||||
3 | instruction in trauma-informed responses designed to | ||||||
4 | ensure the physical safety and well-being of a child of an | ||||||
5 | arrested parent or immediate family member; this | ||||||
6 | instruction must include, but is not limited to: (1) | ||||||
7 | understanding the trauma experienced by the child while | ||||||
8 | maintaining the integrity of the arrest and safety of | ||||||
9 | officers, suspects, and other involved individuals; (2) | ||||||
10 | de-escalation tactics that would include the use of force | ||||||
11 | when reasonably necessary; and (3) inquiring whether a | ||||||
12 | child will require supervision and care. The curriculum | ||||||
13 | for probationary law enforcement officers shall include: | ||||||
14 | (1) at least 12 hours of hands-on, scenario-based | ||||||
15 | role-playing; (2) at least 6 hours of instruction on use | ||||||
16 | of force techniques, including the use of de-escalation | ||||||
17 | techniques to prevent or reduce the need for force | ||||||
18 | whenever safe and feasible; (3) specific training on | ||||||
19 | officer safety techniques, including cover, concealment, | ||||||
20 | and time; and (4) at least 6 hours of training focused on | ||||||
21 | high-risk traffic stops. The curriculum for
permanent law | ||||||
22 | enforcement officers shall include, but not be limited to: | ||||||
23 | (1) refresher
and in-service training in any of the | ||||||
24 | courses listed above in this
subparagraph, (2) advanced | ||||||
25 | courses in any of the subjects listed above in
this | ||||||
26 | subparagraph, (3) training for supervisory personnel, and |
| |||||||
| |||||||
1 | (4)
specialized training in subjects and fields to be | ||||||
2 | selected by the board. The training in the use of | ||||||
3 | electronic control devices shall be conducted for | ||||||
4 | probationary law enforcement officers, including | ||||||
5 | University police officers. The curriculum shall also | ||||||
6 | include training on the use of a firearms restraining | ||||||
7 | order by providing instruction on the process used to file | ||||||
8 | a firearms restraining order and how to identify | ||||||
9 | situations in which a firearms restraining order is | ||||||
10 | appropriate.
| ||||||
11 | b. Minimum courses of study, attendance requirements | ||||||
12 | and equipment
requirements.
| ||||||
13 | c. Minimum requirements for instructors.
| ||||||
14 | d. Minimum basic training requirements, which a | ||||||
15 | probationary law enforcement
officer must satisfactorily | ||||||
16 | complete before being eligible for permanent
employment as | ||||||
17 | a local law enforcement officer for a participating local
| ||||||
18 | governmental or State governmental agency. Those | ||||||
19 | requirements shall include training in first aid
| ||||||
20 | (including cardiopulmonary resuscitation).
| ||||||
21 | e. Minimum basic training requirements, which a | ||||||
22 | probationary county
corrections officer must | ||||||
23 | satisfactorily complete before being eligible for
| ||||||
24 | permanent employment as a county corrections officer for a | ||||||
25 | participating
local governmental agency.
| ||||||
26 | f. Minimum basic training requirements which a |
| |||||||
| |||||||
1 | probationary court
security officer must satisfactorily | ||||||
2 | complete before being eligible for
permanent employment as | ||||||
3 | a court security officer for a participating local
| ||||||
4 | governmental agency. The Board shall
establish those | ||||||
5 | training requirements which it considers appropriate for | ||||||
6 | court
security officers and shall certify schools to | ||||||
7 | conduct that training.
| ||||||
8 | A person hired to serve as a court security officer | ||||||
9 | must obtain from the
Board a certificate (i) attesting to | ||||||
10 | the officer's successful completion of the
training | ||||||
11 | course; (ii) attesting to the officer's satisfactory
| ||||||
12 | completion of a training program of similar content and | ||||||
13 | number of hours that
has been found acceptable by the | ||||||
14 | Board under the provisions of this Act; or
(iii) attesting | ||||||
15 | to the Board's determination that the training
course is | ||||||
16 | unnecessary because of the person's extensive prior law | ||||||
17 | enforcement
experience.
| ||||||
18 | Individuals who currently serve as court security | ||||||
19 | officers shall be deemed
qualified to continue to serve in | ||||||
20 | that capacity so long as they are certified
as provided by | ||||||
21 | this Act within 24 months of June 1, 1997 (the effective | ||||||
22 | date of Public Act 89-685). Failure to be so certified, | ||||||
23 | absent a waiver from the
Board, shall cause the officer to | ||||||
24 | forfeit his or her position.
| ||||||
25 | All individuals hired as court security officers on or | ||||||
26 | after June 1, 1997 (the effective
date of Public Act |
| |||||||
| |||||||
1 | 89-685) shall be certified within 12 months of the
date of | ||||||
2 | their hire, unless a waiver has been obtained by the | ||||||
3 | Board, or they
shall forfeit their positions.
| ||||||
4 | The Sheriff's Merit Commission, if one exists, or the | ||||||
5 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
6 | Commission, shall maintain a list of all
individuals who | ||||||
7 | have filed applications to become court security officers | ||||||
8 | and
who meet the eligibility requirements established | ||||||
9 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
10 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
11 | exists, shall establish a schedule of reasonable intervals | ||||||
12 | for
verification of the applicants' qualifications under
| ||||||
13 | this Act and as established by the Board.
| ||||||
14 | g. Minimum in-service training requirements, which a | ||||||
15 | law enforcement officer must satisfactorily complete every | ||||||
16 | 3 years. Those requirements shall include constitutional | ||||||
17 | and proper use of law enforcement authority, procedural | ||||||
18 | justice, civil rights, human rights, reporting child abuse | ||||||
19 | and neglect, and cultural competency, including implicit | ||||||
20 | bias and racial and ethnic sensitivity. These trainings | ||||||
21 | shall consist of at least 30 hours of training every 3 | ||||||
22 | years. | ||||||
23 | h. Minimum in-service training requirements, which a | ||||||
24 | law enforcement officer must satisfactorily complete at | ||||||
25 | least annually. Those requirements shall include law | ||||||
26 | updates, emergency medical response training and |
| |||||||
| |||||||
1 | certification, crisis intervention training, and officer | ||||||
2 | wellness and mental health. | ||||||
3 | i. Minimum in-service training requirements as set | ||||||
4 | forth in Section 10.6. | ||||||
5 | The amendatory changes to this Section made by Public Act | ||||||
6 | 101-652 shall take effect January 1, 2022. | ||||||
7 | Notwithstanding any provision of law to the contrary, the | ||||||
8 | changes made to this Section by this amendatory Act of the | ||||||
9 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
10 | 102-28 take effect July 1, 2022. | ||||||
11 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
12 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
13 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
14 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
15 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
16 | eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.) | ||||||
17 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
18 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
19 | adopt rules and
minimum standards for such schools which shall | ||||||
20 | include, but not be limited to,
the following:
| ||||||
21 | a. The curriculum for probationary law enforcement | ||||||
22 | officers which shall be
offered by all certified schools | ||||||
23 | shall include, but not be limited to,
courses of | ||||||
24 | procedural justice, arrest and use and control tactics, | ||||||
25 | search and seizure, including temporary questioning, civil |
| |||||||
| |||||||
1 | rights, human rights, human relations,
cultural | ||||||
2 | competency, including implicit bias and racial and ethnic | ||||||
3 | sensitivity,
20 hours of race relations training, | ||||||
4 | acquaintance with the youth residing in the unit of | ||||||
5 | government in which the officers will serve, when | ||||||
6 | discharging a firearm, the avoidance of the use of deadly | ||||||
7 | force except when necessary to protect the life of the | ||||||
8 | officer and on methods of using less than deadly force to | ||||||
9 | disarm a suspect, criminal law, law of criminal procedure, | ||||||
10 | constitutional and proper use of law enforcement | ||||||
11 | authority, crisis intervention training, vehicle and | ||||||
12 | traffic law including
uniform and non-discriminatory | ||||||
13 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
14 | and crash investigation, techniques of obtaining
physical | ||||||
15 | evidence, court testimonies, statements, reports, firearms
| ||||||
16 | training, training in the use of electronic control | ||||||
17 | devices, including the psychological and physiological | ||||||
18 | effects of the use of those devices on humans, first-aid | ||||||
19 | (including cardiopulmonary resuscitation), training in the | ||||||
20 | administration of opioid antagonists as defined in | ||||||
21 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
22 | Substance Use Disorder Act, handling of
juvenile | ||||||
23 | offenders, recognition of
mental conditions and crises, | ||||||
24 | including, but not limited to, the disease of addiction, | ||||||
25 | which require immediate assistance and response and | ||||||
26 | methods to
safeguard and provide assistance to a person in |
| |||||||
| |||||||
1 | need of mental
treatment, recognition of abuse, neglect, | ||||||
2 | financial exploitation, and self-neglect of adults with | ||||||
3 | disabilities and older adults, as defined in Section 2 of | ||||||
4 | the Adult Protective Services Act, crimes against the | ||||||
5 | elderly, law of evidence, the hazards of high-speed police | ||||||
6 | vehicle
chases with an emphasis on alternatives to the | ||||||
7 | high-speed chase, and
physical training. The curriculum | ||||||
8 | shall include specific training in
techniques for | ||||||
9 | immediate response to and investigation of cases of | ||||||
10 | domestic
violence and of sexual assault of adults and | ||||||
11 | children, including cultural perceptions and common myths | ||||||
12 | of sexual assault and sexual abuse as well as interview | ||||||
13 | techniques that are age sensitive and are trauma informed, | ||||||
14 | victim centered, and victim sensitive. The curriculum | ||||||
15 | shall include
training in techniques designed to promote | ||||||
16 | effective
communication at the initial contact with crime | ||||||
17 | victims and ways to comprehensively
explain to victims and | ||||||
18 | witnesses their rights under the Rights
of Crime Victims | ||||||
19 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
20 | The curriculum shall also include training in effective | ||||||
21 | recognition of and responses to stress, trauma, and | ||||||
22 | post-traumatic stress experienced by law enforcement | ||||||
23 | officers that is consistent with Section 25 of the | ||||||
24 | Illinois Mental Health First Aid Training Act in a peer | ||||||
25 | setting, including recognizing signs and symptoms of | ||||||
26 | work-related cumulative stress, issues that may lead to |
| |||||||
| |||||||
1 | suicide, and solutions for intervention with peer support | ||||||
2 | resources. The curriculum shall include a block of | ||||||
3 | instruction addressing the mandatory reporting | ||||||
4 | requirements under the Abused and Neglected Child | ||||||
5 | Reporting Act. The curriculum shall also include a block | ||||||
6 | of instruction aimed at identifying and interacting with | ||||||
7 | persons with autism and other developmental or physical | ||||||
8 | disabilities, reducing barriers to reporting crimes | ||||||
9 | against persons with autism, and addressing the unique | ||||||
10 | challenges presented by cases involving victims or | ||||||
11 | witnesses with autism and other developmental | ||||||
12 | disabilities. The curriculum shall include training in the | ||||||
13 | detection and investigation of all forms of human | ||||||
14 | trafficking. The curriculum shall also include instruction | ||||||
15 | in trauma-informed responses designed to ensure the | ||||||
16 | physical safety and well-being of a child of an arrested | ||||||
17 | parent or immediate family member; this instruction must | ||||||
18 | include, but is not limited to: (1) understanding the | ||||||
19 | trauma experienced by the child while maintaining the | ||||||
20 | integrity of the arrest and safety of officers, suspects, | ||||||
21 | and other involved individuals; (2) de-escalation tactics | ||||||
22 | that would include the use of force when reasonably | ||||||
23 | necessary; and (3) inquiring whether a child will require | ||||||
24 | supervision and care. The curriculum for probationary law | ||||||
25 | enforcement officers shall include: (1) at least 12 hours | ||||||
26 | of hands-on, scenario-based role-playing; (2) at least 6 |
| |||||||
| |||||||
1 | hours of instruction on use of force techniques, including | ||||||
2 | the use of de-escalation techniques to prevent or reduce | ||||||
3 | the need for force whenever safe and feasible; (3) | ||||||
4 | specific training on officer safety techniques, including | ||||||
5 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
6 | training focused on high-risk traffic stops. The | ||||||
7 | curriculum for
permanent law enforcement officers shall | ||||||
8 | include, but not be limited to: (1) refresher
and | ||||||
9 | in-service training in any of the courses listed above in | ||||||
10 | this
subparagraph, (2) advanced courses in any of the | ||||||
11 | subjects listed above in
this subparagraph, (3) training | ||||||
12 | for supervisory personnel, and (4)
specialized training in | ||||||
13 | subjects and fields to be selected by the board. The | ||||||
14 | training in the use of electronic control devices shall be | ||||||
15 | conducted for probationary law enforcement officers, | ||||||
16 | including University police officers. The curriculum shall | ||||||
17 | also include training on the use of a firearms restraining | ||||||
18 | order by providing instruction on the process used to file | ||||||
19 | a firearms restraining order and how to identify | ||||||
20 | situations in which a firearms restraining order is | ||||||
21 | appropriate.
| ||||||
22 | b. Minimum courses of study, attendance requirements | ||||||
23 | and equipment
requirements.
| ||||||
24 | c. Minimum requirements for instructors.
| ||||||
25 | d. Minimum basic training requirements, which a | ||||||
26 | probationary law enforcement
officer must satisfactorily |
| |||||||
| |||||||
1 | complete before being eligible for permanent
employment as | ||||||
2 | a local law enforcement officer for a participating local
| ||||||
3 | governmental or State governmental agency. Those | ||||||
4 | requirements shall include training in first aid
| ||||||
5 | (including cardiopulmonary resuscitation).
| ||||||
6 | e. Minimum basic training requirements, which a | ||||||
7 | probationary county
corrections officer must | ||||||
8 | satisfactorily complete before being eligible for
| ||||||
9 | permanent employment as a county corrections officer for a | ||||||
10 | participating
local governmental agency.
| ||||||
11 | f. Minimum basic training requirements which a | ||||||
12 | probationary court
security officer must satisfactorily | ||||||
13 | complete before being eligible for
permanent employment as | ||||||
14 | a court security officer for a participating local
| ||||||
15 | governmental agency. The Board shall
establish those | ||||||
16 | training requirements which it considers appropriate for | ||||||
17 | court
security officers and shall certify schools to | ||||||
18 | conduct that training.
| ||||||
19 | A person hired to serve as a court security officer | ||||||
20 | must obtain from the
Board a certificate (i) attesting to | ||||||
21 | the officer's successful completion of the
training | ||||||
22 | course; (ii) attesting to the officer's satisfactory
| ||||||
23 | completion of a training program of similar content and | ||||||
24 | number of hours that
has been found acceptable by the | ||||||
25 | Board under the provisions of this Act; or
(iii) attesting | ||||||
26 | to the Board's determination that the training
course is |
| |||||||
| |||||||
1 | unnecessary because of the person's extensive prior law | ||||||
2 | enforcement
experience.
| ||||||
3 | Individuals who currently serve as court security | ||||||
4 | officers shall be deemed
qualified to continue to serve in | ||||||
5 | that capacity so long as they are certified
as provided by | ||||||
6 | this Act within 24 months of June 1, 1997 (the effective | ||||||
7 | date of Public Act 89-685). Failure to be so certified, | ||||||
8 | absent a waiver from the
Board, shall cause the officer to | ||||||
9 | forfeit his or her position.
| ||||||
10 | All individuals hired as court security officers on or | ||||||
11 | after June 1, 1997 (the effective
date of Public Act | ||||||
12 | 89-685) shall be certified within 12 months of the
date of | ||||||
13 | their hire, unless a waiver has been obtained by the | ||||||
14 | Board, or they
shall forfeit their positions.
| ||||||
15 | The Sheriff's Merit Commission, if one exists, or the | ||||||
16 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
17 | Commission, shall maintain a list of all
individuals who | ||||||
18 | have filed applications to become court security officers | ||||||
19 | and
who meet the eligibility requirements established | ||||||
20 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
21 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
22 | exists, shall establish a schedule of reasonable intervals | ||||||
23 | for
verification of the applicants' qualifications under
| ||||||
24 | this Act and as established by the Board.
| ||||||
25 | g. Minimum in-service training requirements, which a | ||||||
26 | law enforcement officer must satisfactorily complete every |
| |||||||
| |||||||
1 | 3 years. Those requirements shall include constitutional | ||||||
2 | and proper use of law enforcement authority, procedural | ||||||
3 | justice, civil rights, human rights, reporting child abuse | ||||||
4 | and neglect, and cultural competency, including implicit | ||||||
5 | bias and racial and ethnic sensitivity. These trainings | ||||||
6 | shall consist of at least 30 hours of training every 3 | ||||||
7 | years. | ||||||
8 | h. Minimum in-service training requirements, which a | ||||||
9 | law enforcement officer must satisfactorily complete at | ||||||
10 | least annually. Those requirements shall include 20 hours | ||||||
11 | of race relations training, constitutional methods of the | ||||||
12 | use of force, law updates, emergency medical response | ||||||
13 | training and certification, crisis intervention training, | ||||||
14 | and officer wellness and mental health. | ||||||
15 | i. Minimum in-service training requirements as set | ||||||
16 | forth in Section 10.6. | ||||||
17 | The amendatory changes to this Section made by Public Act | ||||||
18 | 101-652 shall take effect January 1, 2022. | ||||||
19 | Notwithstanding any provision of law to the contrary, the | ||||||
20 | changes made to this Section by this amendatory Act of the | ||||||
21 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
22 | 102-28 , and Public Act 102-694 take effect July 1, 2022. | ||||||
23 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
24 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
25 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
26 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
| |||||||
| |||||||
1 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
2 | eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23; | ||||||
3 | revised 8-11-22.) | ||||||
4 | Section 115. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 24-2 as follows:
| ||||||
6 | (720 ILCS 5/24-2)
| ||||||
7 | Sec. 24-2. Exemptions.
| ||||||
8 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
9 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
10 | the following:
| ||||||
11 | (1) Peace officers, and any person summoned by a peace | ||||||
12 | officer to
assist in making arrests or preserving the | ||||||
13 | peace, while actually engaged in
assisting such officer , | ||||||
14 | subject to the provisions of Section 15 of the Peace | ||||||
15 | Officer Accountability Act .
| ||||||
16 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
17 | penitentiaries, jails and other institutions for the | ||||||
18 | detention of persons
accused or convicted of an offense, | ||||||
19 | while in the performance of their
official duty, or while | ||||||
20 | commuting between their homes and places of employment.
| ||||||
21 | (3) Members of the Armed Services or Reserve Forces of | ||||||
22 | the United States
or the Illinois National Guard or the | ||||||
23 | Reserve Officers Training Corps,
while in the performance | ||||||
24 | of their official duty.
|
| |||||||
| |||||||
1 | (4) Special agents employed by a railroad or a public | ||||||
2 | utility to
perform police functions, and guards of armored | ||||||
3 | car companies, while
actually engaged in the performance | ||||||
4 | of the duties of their employment or
commuting between | ||||||
5 | their homes and places of employment; and watchmen
while | ||||||
6 | actually engaged in the performance of the duties of their | ||||||
7 | employment.
| ||||||
8 | (5) Persons licensed as private security contractors, | ||||||
9 | private
detectives, or private alarm contractors, or | ||||||
10 | employed by a private security contractor, private | ||||||
11 | detective, or private alarm contractor agency licensed
by | ||||||
12 | the Department of Financial and Professional Regulation, | ||||||
13 | if their duties
include the carrying of a weapon under the | ||||||
14 | provisions of the Private
Detective, Private Alarm,
| ||||||
15 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
16 | 2004,
while actually
engaged in the performance of the | ||||||
17 | duties of their employment or commuting
between their | ||||||
18 | homes and places of employment. A person shall be | ||||||
19 | considered eligible for this
exemption if he or she has | ||||||
20 | completed the required 20
hours of training for a private | ||||||
21 | security contractor, private
detective, or private alarm | ||||||
22 | contractor, or employee of a licensed private security | ||||||
23 | contractor, private detective, or private alarm contractor | ||||||
24 | agency and 28 hours of required firearm
training, and has | ||||||
25 | been issued a firearm control card by
the Department of | ||||||
26 | Financial and Professional Regulation. Conditions for the |
| |||||||
| |||||||
1 | renewal of
firearm control cards issued under the | ||||||
2 | provisions of this Section
shall be the same as for those | ||||||
3 | cards issued under the provisions of the
Private | ||||||
4 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
5 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
6 | card shall be carried by the private security contractor, | ||||||
7 | private
detective, or private alarm contractor, or | ||||||
8 | employee of the licensed private security contractor, | ||||||
9 | private detective, or private alarm contractor agency at | ||||||
10 | all
times when he or she is in possession of a concealable | ||||||
11 | weapon permitted by his or her firearm control card.
| ||||||
12 | (6) Any person regularly employed in a commercial or | ||||||
13 | industrial
operation as a security guard for the | ||||||
14 | protection of persons employed
and private property | ||||||
15 | related to such commercial or industrial
operation, while | ||||||
16 | actually engaged in the performance of his or her
duty or | ||||||
17 | traveling between sites or properties belonging to the
| ||||||
18 | employer, and who, as a security guard, is a member of a | ||||||
19 | security force registered with the Department of Financial | ||||||
20 | and Professional
Regulation; provided that such security | ||||||
21 | guard has successfully completed a
course of study, | ||||||
22 | approved by and supervised by the Department of
Financial | ||||||
23 | and Professional Regulation, consisting of not less than | ||||||
24 | 48 hours of training
that includes the theory of law | ||||||
25 | enforcement, liability for acts, and the
handling of | ||||||
26 | weapons. A person shall be considered eligible for this
|
| |||||||
| |||||||
1 | exemption if he or she has completed the required 20
hours | ||||||
2 | of training for a security officer and 28 hours of | ||||||
3 | required firearm
training, and has been issued a firearm | ||||||
4 | control card by
the Department of Financial and | ||||||
5 | Professional Regulation. Conditions for the renewal of
| ||||||
6 | firearm control cards issued under the provisions of this | ||||||
7 | Section
shall be the same as for those cards issued under | ||||||
8 | the provisions of the
Private Detective, Private Alarm,
| ||||||
9 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
10 | 2004. The
firearm control card shall be carried by the | ||||||
11 | security guard at all
times when he or she is in possession | ||||||
12 | of a concealable weapon permitted by his or her firearm | ||||||
13 | control card.
| ||||||
14 | (7) Agents and investigators of the Illinois | ||||||
15 | Legislative Investigating
Commission authorized by the | ||||||
16 | Commission to carry the weapons specified in
subsections | ||||||
17 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
18 | any investigation for the Commission.
| ||||||
19 | (8) Persons employed by a financial institution as a | ||||||
20 | security guard for the protection of
other employees and | ||||||
21 | property related to such financial institution, while
| ||||||
22 | actually engaged in the performance of their duties, | ||||||
23 | commuting between
their homes and places of employment, or | ||||||
24 | traveling between sites or
properties owned or operated by | ||||||
25 | such financial institution, and who, as a security guard, | ||||||
26 | is a member of a security force registered with the |
| |||||||
| |||||||
1 | Department; provided that
any person so employed has | ||||||
2 | successfully completed a course of study,
approved by and | ||||||
3 | supervised by the Department of Financial and Professional | ||||||
4 | Regulation,
consisting of not less than 48 hours of | ||||||
5 | training which includes theory of
law enforcement, | ||||||
6 | liability for acts, and the handling of weapons.
A person | ||||||
7 | shall be considered to be eligible for this exemption if | ||||||
8 | he or
she has completed the required 20 hours of training | ||||||
9 | for a security officer
and 28 hours of required firearm | ||||||
10 | training, and has been issued a
firearm control card by | ||||||
11 | the Department of Financial and Professional Regulation.
| ||||||
12 | Conditions for renewal of firearm control cards issued | ||||||
13 | under the
provisions of this Section shall be the same as | ||||||
14 | for those issued under the
provisions of the Private | ||||||
15 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
16 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
17 | card shall be carried by the security guard at all times | ||||||
18 | when he or she is in possession of a concealable
weapon | ||||||
19 | permitted by his or her firearm control card. For purposes | ||||||
20 | of this subsection, "financial institution" means a
bank, | ||||||
21 | savings and loan association, credit union or company | ||||||
22 | providing
armored car services.
| ||||||
23 | (9) Any person employed by an armored car company to | ||||||
24 | drive an armored
car, while actually engaged in the | ||||||
25 | performance of his duties.
| ||||||
26 | (10) Persons who have been classified as peace |
| |||||||
| |||||||
1 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
2 | Act.
| ||||||
3 | (11) Investigators of the Office of the State's | ||||||
4 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
5 | governors of the Office of the
State's Attorneys Appellate | ||||||
6 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
7 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
8 | (12) Special investigators appointed by a State's | ||||||
9 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
10 | (12.5) Probation officers while in the performance of | ||||||
11 | their duties, or
while commuting between their homes, | ||||||
12 | places of employment or specific locations
that are part | ||||||
13 | of their assigned duties, with the consent of the chief | ||||||
14 | judge of
the circuit for which they are employed, if they | ||||||
15 | have received weapons training according
to requirements | ||||||
16 | of the Peace Officer and Probation Officer Firearm | ||||||
17 | Training Act.
| ||||||
18 | (13) Court Security Officers while in the performance | ||||||
19 | of their official
duties, or while commuting between their | ||||||
20 | homes and places of employment, with
the
consent of the | ||||||
21 | Sheriff.
| ||||||
22 | (13.5) A person employed as an armed security guard at | ||||||
23 | a nuclear energy,
storage, weapons or development site or | ||||||
24 | facility regulated by the Nuclear
Regulatory Commission | ||||||
25 | who has completed the background screening and training
| ||||||
26 | mandated by the rules and regulations of the Nuclear |
| |||||||
| |||||||
1 | Regulatory Commission.
| ||||||
2 | (14) Manufacture, transportation, or sale of weapons | ||||||
3 | to
persons
authorized under subdivisions (1) through | ||||||
4 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
5 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
6 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
7 | or handgun and the person has been issued a currently valid | ||||||
8 | license under the Firearm Concealed Carry Act at the time of | ||||||
9 | the commission of the offense. | ||||||
10 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
11 | to
or affect a qualified current or retired law enforcement | ||||||
12 | officer or a current or retired deputy, county correctional | ||||||
13 | officer, or correctional officer of the Department of | ||||||
14 | Corrections qualified under the laws of this State or under | ||||||
15 | the federal Law Enforcement Officers Safety Act. | ||||||
16 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
17 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
18 | (1) Members of any club or organization organized for | ||||||
19 | the purpose of
practicing shooting at targets upon | ||||||
20 | established target ranges, whether
public or private, and | ||||||
21 | patrons of such ranges, while such members
or patrons are | ||||||
22 | using their firearms on those target ranges.
| ||||||
23 | (2) Duly authorized military or civil organizations | ||||||
24 | while parading,
with the special permission of the | ||||||
25 | Governor.
| ||||||
26 | (3) Hunters, trappers, or fishermen while engaged in |
| |||||||
| |||||||
1 | lawful hunting,
trapping, or fishing under the provisions | ||||||
2 | of the Wildlife Code or the Fish and Aquatic Life Code.
| ||||||
3 | (4) Transportation of weapons that are broken down in | ||||||
4 | a
non-functioning state or are not immediately accessible.
| ||||||
5 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
6 | gun or taser or other firearm on the land or in the legal | ||||||
7 | dwelling of another person as an invitee with that | ||||||
8 | person's permission. | ||||||
9 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
10 | of the
following:
| ||||||
11 | (1) Peace officers while in performance of their | ||||||
12 | official duties.
| ||||||
13 | (2) Wardens, superintendents and keepers of prisons, | ||||||
14 | penitentiaries,
jails and other institutions for the | ||||||
15 | detention of persons accused or
convicted of an offense.
| ||||||
16 | (3) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United States
or the Illinois National Guard, while in | ||||||
18 | the performance of their official
duty.
| ||||||
19 | (4) Manufacture, transportation, or sale of machine | ||||||
20 | guns to persons
authorized under subdivisions (1) through | ||||||
21 | (3) of this subsection to
possess machine guns, if the | ||||||
22 | machine guns are broken down in a
non-functioning state or | ||||||
23 | are not immediately accessible.
| ||||||
24 | (5) Persons licensed under federal law to manufacture | ||||||
25 | any weapon from
which 8 or more shots or bullets can be | ||||||
26 | discharged by a
single function of the firing device, or |
| |||||||
| |||||||
1 | ammunition for such weapons, and
actually engaged in the | ||||||
2 | business of manufacturing such weapons or
ammunition, but | ||||||
3 | only with respect to activities which are within the | ||||||
4 | lawful
scope of such business, such as the manufacture, | ||||||
5 | transportation, or testing
of such weapons or ammunition. | ||||||
6 | This exemption does not authorize the
general private | ||||||
7 | possession of any weapon from which 8 or more
shots or | ||||||
8 | bullets can be discharged by a single function of the | ||||||
9 | firing
device, but only such possession and activities as | ||||||
10 | are within the lawful
scope of a licensed manufacturing | ||||||
11 | business described in this paragraph.
| ||||||
12 | During transportation, such weapons shall be broken | ||||||
13 | down in a
non-functioning state or not immediately | ||||||
14 | accessible.
| ||||||
15 | (6) The manufacture, transport, testing, delivery, | ||||||
16 | transfer or sale,
and all lawful commercial or | ||||||
17 | experimental activities necessary thereto, of
rifles, | ||||||
18 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
19 | ammunition for such rifles, shotguns or weapons, where | ||||||
20 | engaged in
by a person operating as a contractor or | ||||||
21 | subcontractor pursuant to a
contract or subcontract for | ||||||
22 | the development and supply of such rifles,
shotguns, | ||||||
23 | weapons or ammunition to the United States government or | ||||||
24 | any
branch of the Armed Forces of the United States, when | ||||||
25 | such activities are
necessary and incident to fulfilling | ||||||
26 | the terms of such contract.
|
| |||||||
| |||||||
1 | The exemption granted under this subdivision (c)(6)
| ||||||
2 | shall also apply to any authorized agent of any such | ||||||
3 | contractor or
subcontractor who is operating within the | ||||||
4 | scope of his employment, where
such activities involving | ||||||
5 | such weapon, weapons or ammunition are necessary
and | ||||||
6 | incident to fulfilling the terms of such contract.
| ||||||
7 | (7) A person possessing a rifle with a barrel or | ||||||
8 | barrels less than 16 inches in length if: (A) the person | ||||||
9 | has been issued a Curios and Relics license from the U.S. | ||||||
10 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
11 | (B) the person is an active member of a bona fide, | ||||||
12 | nationally recognized military re-enacting group and the | ||||||
13 | modification is required and necessary to accurately | ||||||
14 | portray the weapon for historical re-enactment purposes; | ||||||
15 | the re-enactor is in possession of a valid and current | ||||||
16 | re-enacting group membership credential; and the overall | ||||||
17 | length of the weapon as modified is not less than 26 | ||||||
18 | inches. | ||||||
19 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
20 | possession
or carrying of a black-jack or slung-shot by a | ||||||
21 | peace officer.
| ||||||
22 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
23 | manager or
authorized employee of any place specified in that | ||||||
24 | subsection nor to any
law enforcement officer.
| ||||||
25 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
26 | Section 24-1.6
do not apply
to members of any club or |
| |||||||
| |||||||
1 | organization organized for the purpose of practicing
shooting | ||||||
2 | at targets upon established target ranges, whether public or | ||||||
3 | private,
while using their firearms on those target ranges.
| ||||||
4 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
5 | to:
| ||||||
6 | (1) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United
States or the Illinois National Guard, while in | ||||||
8 | the performance of their
official duty.
| ||||||
9 | (2) Bonafide collectors of antique or surplus military | ||||||
10 | ordnance.
| ||||||
11 | (3) Laboratories having a department of forensic | ||||||
12 | ballistics, or
specializing in the development of | ||||||
13 | ammunition or explosive ordnance.
| ||||||
14 | (4) Commerce, preparation, assembly or possession of | ||||||
15 | explosive
bullets by manufacturers of ammunition licensed | ||||||
16 | by the federal government,
in connection with the supply | ||||||
17 | of those organizations and persons exempted
by subdivision | ||||||
18 | (g)(1) of this Section, or like organizations and persons
| ||||||
19 | outside this State, or the transportation of explosive | ||||||
20 | bullets to any
organization or person exempted in this | ||||||
21 | Section by a common carrier or by a
vehicle owned or leased | ||||||
22 | by an exempted manufacturer.
| ||||||
23 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
24 | persons licensed
under federal law to manufacture any device | ||||||
25 | or attachment of any kind designed,
used, or intended for use | ||||||
26 | in silencing the report of any firearm, firearms, or
|
| |||||||
| |||||||
1 | ammunition
for those firearms equipped with those devices, and | ||||||
2 | actually engaged in the
business of manufacturing those | ||||||
3 | devices, firearms, or ammunition, but only with
respect to
| ||||||
4 | activities that are within the lawful scope of that business, | ||||||
5 | such as the
manufacture, transportation, or testing of those | ||||||
6 | devices, firearms, or
ammunition. This
exemption does not | ||||||
7 | authorize the general private possession of any device or
| ||||||
8 | attachment of any kind designed, used, or intended for use in | ||||||
9 | silencing the
report of any firearm, but only such possession | ||||||
10 | and activities as are within
the
lawful scope of a licensed | ||||||
11 | manufacturing business described in this subsection
(g-5). | ||||||
12 | During transportation, these devices shall be detached from | ||||||
13 | any weapon
or
not immediately accessible.
| ||||||
14 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
15 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
16 | supervisor who meets the qualifications and conditions | ||||||
17 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
18 | Corrections. | ||||||
19 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
20 | officer while serving as a member of a tactical response team | ||||||
21 | or special operations team. A peace officer may not personally | ||||||
22 | own or apply for ownership of a device or attachment of any | ||||||
23 | kind designed, used, or intended for use in silencing the | ||||||
24 | report of any firearm. These devices shall be owned and | ||||||
25 | maintained by lawfully recognized units of government whose | ||||||
26 | duties include the investigation of criminal acts. |
| |||||||
| |||||||
1 | (g-10) (Blank). | ||||||
2 | (h) An information or indictment based upon a violation of | ||||||
3 | any
subsection of this Article need not negative any | ||||||
4 | exemptions contained in
this Article. The defendant shall have | ||||||
5 | the burden of proving such an
exemption.
| ||||||
6 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
7 | affect
the transportation, carrying, or possession, of any | ||||||
8 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
9 | consigned to a common carrier operating
under license of the | ||||||
10 | State of Illinois or the federal government, where
such | ||||||
11 | transportation, carrying, or possession is incident to the | ||||||
12 | lawful
transportation in which such common carrier is engaged; | ||||||
13 | and nothing in this
Article shall prohibit, apply to, or | ||||||
14 | affect the transportation, carrying,
or possession of any | ||||||
15 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
16 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
17 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
18 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
19 | other container, by the possessor of a valid
Firearm Owners | ||||||
20 | Identification Card.
| ||||||
21 | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; | ||||||
22 | 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised | ||||||
23 | 12-14-22.) | ||||||
24 | Section 995. No acceleration or delay. Where this Act | ||||||
25 | makes changes in a statute that is represented in this Act by |
| |||||||
| |||||||
1 | text that is not yet or no longer in effect (for example, a | ||||||
2 | Section represented by multiple versions), the use of that | ||||||
3 | text does not accelerate or delay the taking effect of (i) the | ||||||
4 | changes made by this Act or (ii) provisions derived from any | ||||||
5 | other Public Act.
|