HB3751 EngrossedLRB103 26925 AWJ 53289 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Counties Code is amended by changing
5Sections 3-6033 and 3-7008 as follows:
 
6    (55 ILCS 5/3-6033)  (from Ch. 34, par. 3-6033)
7    Sec. 3-6033. Citizenship and residence. The It is unlawful
8for the sheriff of any county of fewer than 1,000,000
9inhabitants, or the corporate authorities of any municipality
10may city, town or village to authorize, empower, employ, or
11permit a any person to act as deputy sheriff or special
12policeman for the purpose of preserving the peace, who is not a
13citizen of the United States or who is legally authorized to
14work in the United States under federal law and, upon federal
15approval, to obtain, carry, or purchase or otherwise possess a
16firearm.
17(Source: P.A. 86-962; 87-357.)
 
18    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
19    Sec. 3-7008. Appointments. The appointment of deputy
20sheriffs in the Police Department, full-time deputy sheriffs
21not employed as county police officers or county corrections
22officers and of employees in the Department of Corrections

 

 

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1shall be made from those applicants who have been certified by
2the Board as being qualified for appointment. Certification
3for appointment in one department shall not constitute
4certification for appointment in another department.
5Certification may be made at any point prior to appointment
6and may be made in conjunction with the Sheriff's application
7process. All persons so appointed shall, at the time of their
8appointment, be not less than 21 years of age, or 20 years of
9age and have successfully completed 2 years of law enforcement
10studies at an accredited college or university. Any person
11appointed subsequent to successful completion of 2 years of
12such law enforcement studies shall not have power of arrest,
13nor shall he or she be permitted to carry firearms, until he or
14she reaches 21 years of age. In addition, all persons so
15appointed shall be not more than the maximum age limit fixed by
16the Board from time to time, be of sound mind and body, be of
17good moral character, be citizens of the United States or is
18legally authorized to work in the United States under federal
19law and, upon federal approval, to obtain, carry, or purchase
20or otherwise possess a firearm, have not been convicted of a
21crime which the Board considers to be detrimental to the
22applicant's ability to carry out his or her duties, possess
23such prerequisites of training, education and experience as
24the Board may from time to time prescribe, and shall be
25required to pass successfully mental, physical, psychiatric
26and other tests and examinations as may be prescribed by the

 

 

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1Board. Preference shall be given in such appointments to
2persons who have honorably served in the military or naval
3services of the United States. All appointees shall serve a
4probationary period of 12 months and during that period may be
5discharged at the will of the Sheriff. However, civil service
6employees of the house of correction who have certified status
7at the time of the transfer of the house of correction to the
8County Department of Corrections are not subject to this
9probationary period, and they shall retain their job titles,
10such tenure privileges as are now enjoyed and any subsequent
11title changes shall not cause reduction in rank or elimination
12of positions.
13(Source: P.A. 100-912, eff. 8-17-18.)
 
14    Section 5. The Illinois Municipal Code is amended by
15changing Sections 10-1-7 and 10-2.1-6 as follows:
 
16    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
17    Sec. 10-1-7. Examination of applicants; disqualifications.
18    (a) All applicants for offices or places in the classified
19service, except those mentioned in Section 10-1-17, are
20subject to examination. The examination shall be public,
21competitive, and open to all citizens of the United States,
22with specified limitations as to residence, age, health,
23habits, and moral character. An individual who is not a
24citizen but is legally authorized to work in the United States

 

 

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1under federal law is authorized to apply for the position of
2police officer, subject to all requirements and limitations,
3other than citizenship, to which other applicants are subject,
4and subject to federal approval of the individual to obtain,
5carry, or purchase or otherwise possess a firearm.
6    (b) Residency requirements in effect at the time an
7individual enters the fire or police service of a municipality
8(other than a municipality that has more than 1,000,000
9inhabitants) cannot be made more restrictive for that
10individual during his or her period of service for that
11municipality, or be made a condition of promotion, except for
12the rank or position of Fire or Police Chief.
13    (c) No person with a record of misdemeanor convictions
14except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1511-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1614-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
1731-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
18(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
19(6), and (8) of subsection (a) of Section 24-1 of the Criminal
20Code of 1961 or the Criminal Code of 2012 or arrested for any
21cause but not convicted on that cause shall be disqualified
22from taking the examination on grounds of habits or moral
23character, unless the person is attempting to qualify for a
24position on the police department, in which case the
25conviction or arrest may be considered as a factor in
26determining the person's habits or moral character.

 

 

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1    (d) Persons entitled to military preference under Section
210-1-16 shall not be subject to limitations specifying age
3unless they are applicants for a position as a fireman or a
4policeman having no previous employment status as a fireman or
5policeman in the regularly constituted fire or police
6department of the municipality, in which case they must not
7have attained their 35th birthday, except any person who has
8served as an auxiliary police officer under Section 3.1-30-20
9for at least 5 years and is under 40 years of age.
10    (e) All employees of a municipality of less than 500,000
11population (except those who would be excluded from the
12classified service as provided in this Division 1) who are
13holding that employment as of the date a municipality adopts
14this Division 1, or as of July 17, 1959, whichever date is the
15later, and who have held that employment for at least 2 years
16immediately before that later date, and all firemen and
17policemen regardless of length of service who were either
18appointed to their respective positions by the board of fire
19and police commissioners under the provisions of Division 2 of
20this Article or who are serving in a position (except as a
21temporary employee) in the fire or police department in the
22municipality on the date a municipality adopts this Division
231, or as of July 17, 1959, whichever date is the later, shall
24become members of the classified civil service of the
25municipality without examination.
26    (f) The examinations shall be practical in their

 

 

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1character, and shall relate to those matters that will fairly
2test the relative capacity of the persons examined to
3discharge the duties of the positions to which they seek to be
4appointed. The examinations shall include tests of physical
5qualifications, health, and (when appropriate) manual skill.
6If an applicant is unable to pass the physical examination
7solely as the result of an injury received by the applicant as
8the result of the performance of an act of duty while working
9as a temporary employee in the position for which he or she is
10being examined, however, the physical examination shall be
11waived and the applicant shall be considered to have passed
12the examination. No questions in any examination shall relate
13to political or religious opinions or affiliations. Results of
14examinations and the eligible registers prepared from the
15results shall be published by the commission within 60 days
16after any examinations are held.
17    (g) The commission shall control all examinations, and
18may, whenever an examination is to take place, designate a
19suitable number of persons, either in or not in the official
20service of the municipality, to be examiners. The examiners
21shall conduct the examinations as directed by the commission
22and shall make a return or report of the examinations to the
23commission. If the appointed examiners are in the official
24service of the municipality, the examiners shall not receive
25extra compensation for conducting the examinations unless the
26examiners are subject to a collective bargaining agreement

 

 

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1with the municipality. The commission may at any time
2substitute any other person, whether or not in the service of
3the municipality, in the place of any one selected as an
4examiner. The commission members may themselves at any time
5act as examiners without appointing examiners. The examiners
6at any examination shall not all be members of the same
7political party.
8    (h) In municipalities of 500,000 or more population, no
9person who has attained his or her 35th birthday shall be
10eligible to take an examination for a position as a fireman or
11a policeman unless the person has had previous employment
12status as a policeman or fireman in the regularly constituted
13police or fire department of the municipality, except as
14provided in this Section.
15    (i) In municipalities of more than 5,000 but not more than
16200,000 inhabitants, no person who has attained his or her
1735th birthday shall be eligible to take an examination for a
18position as a fireman or a policeman unless the person has had
19previous employment status as a policeman or fireman in the
20regularly constituted police or fire department of the
21municipality, except as provided in this Section.
22    (j) In all municipalities, applicants who are 20 years of
23age and who have successfully completed 2 years of law
24enforcement studies at an accredited college or university may
25be considered for appointment to active duty with the police
26department. An applicant described in this subsection (j) who

 

 

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1is appointed to active duty shall not have power of arrest, nor
2shall the applicant be permitted to carry firearms, until he
3or she reaches 21 years of age.
4    (k) In municipalities of more than 500,000 population,
5applications for examination for and appointment to positions
6as firefighters or police shall be made available at various
7branches of the public library of the municipality.
8    (l) No municipality having a population less than
91,000,000 shall require that any fireman appointed to the
10lowest rank serve a probationary employment period of longer
11than one year. The limitation on periods of probationary
12employment provided in Public Act 86-990 is an exclusive power
13and function of the State. Pursuant to subsection (h) of
14Section 6 of Article VII of the Illinois Constitution, a home
15rule municipality having a population less than 1,000,000 must
16comply with this limitation on periods of probationary
17employment, which is a denial and limitation of home rule
18powers. Notwithstanding anything to the contrary in this
19Section, the probationary employment period limitation may be
20extended for a firefighter who is required, as a condition of
21employment, to be a licensed paramedic, during which time the
22sole reason that a firefighter may be discharged without a
23hearing is for failing to meet the requirements for paramedic
24licensure.
25    (m) To the extent that this Section or any other Section in
26this Division conflicts with Section 10-1-7.1 or 10-1-7.2,

 

 

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1then Section 10-1-7.1 or 10-1-7.2 shall control.
2(Source: P.A. 102-813, eff. 5-13-22.)
 
3    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
4    Sec. 10-2.1-6. Examination of applicants;
5disqualifications.
6    (a) All applicants for a position in either the fire or
7police department of the municipality shall be under 35 years
8of age, shall be subject to an examination that shall be
9public, competitive, and open to all applicants (unless the
10council or board of trustees by ordinance limit applicants to
11electors of the municipality, county, state, or nation) and
12shall be subject to reasonable limitations as to residence,
13health, habits, and moral character. An individual who is not
14a citizen but is legally authorized to work in the United
15States under federal law is authorized to apply for the
16position of police officer, subject to all requirements and
17limitations, other than citizenship, to which other applicants
18are subject, and subject to federal approval of the individual
19to obtain, carry, or purchase or otherwise possess a firearm.
20The municipality may not charge or collect any fee from an
21applicant who has met all prequalification standards
22established by the municipality for any such position. With
23respect to a police department, a veteran shall be allowed to
24exceed the maximum age provision of this Section by the number
25of years served on active military duty, but by no more than 10

 

 

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1years of active military duty.
2    (b) Residency requirements in effect at the time an
3individual enters the fire or police service of a municipality
4(other than a municipality that has more than 1,000,000
5inhabitants) cannot be made more restrictive for that
6individual during his period of service for that municipality,
7or be made a condition of promotion, except for the rank or
8position of Fire or Police Chief.
9    (c) No person with a record of misdemeanor convictions
10except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1111-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1214-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
1331-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
14(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
15(6), and (8) of subsection (a) of Section 24-1 of the Criminal
16Code of 1961 or the Criminal Code of 2012, or arrested for any
17cause but not convicted on that cause shall be disqualified
18from taking the examination to qualify for a position in the
19fire department on grounds of habits or moral character.
20    (d) The age limitation in subsection (a) does not apply
21(i) to any person previously employed as a policeman or
22fireman in a regularly constituted police or fire department
23of (I) any municipality, regardless of whether the
24municipality is located in Illinois or in another state, or
25(II) a fire protection district whose obligations were assumed
26by a municipality under Section 21 of the Fire Protection

 

 

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1District Act, (ii) to any person who has served a municipality
2as a regularly enrolled volunteer fireman for 5 years
3immediately preceding the time that municipality begins to use
4full time firemen to provide all or part of its fire protection
5service, or (iii) to any person who has served as an auxiliary
6police officer under Section 3.1-30-20 for at least 5 years
7and is under 40 years of age, (iv) to any person who has served
8as a deputy under Section 3-6008 of the Counties Code and
9otherwise meets necessary training requirements, or (v) to any
10person who has served as a sworn officer as a member of the
11Illinois State Police.
12    (e) Applicants who are 20 years of age and who have
13successfully completed 2 years of law enforcement studies at
14an accredited college or university may be considered for
15appointment to active duty with the police department. An
16applicant described in this subsection (e) who is appointed to
17active duty shall not have power of arrest, nor shall the
18applicant be permitted to carry firearms, until he or she
19reaches 21 years of age.
20    (f) Applicants who are 18 years of age and who have
21successfully completed 2 years of study in fire techniques,
22amounting to a total of 4 high school credits, within the cadet
23program of a municipality may be considered for appointment to
24active duty with the fire department of any municipality.
25    (g) The council or board of trustees may by ordinance
26provide that persons residing outside the municipality are

 

 

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1eligible to take the examination.
2    (h) The examinations shall be practical in character and
3relate to those matters that will fairly test the capacity of
4the persons examined to discharge the duties of the positions
5to which they seek appointment. No person shall be appointed
6to the police or fire department if he or she does not possess
7a high school diploma or an equivalent high school education.
8A board of fire and police commissioners may, by its rules,
9require police applicants to have obtained an associate's
10degree or a bachelor's degree as a prerequisite for
11employment. The examinations shall include tests of physical
12qualifications and health. A board of fire and police
13commissioners may, by its rules, waive portions of the
14required examination for police applicants who have previously
15been full-time sworn officers of a regular police department
16in any municipal, county, university, or State law enforcement
17agency, provided they are certified by the Illinois Law
18Enforcement Training Standards Board and have been with their
19respective law enforcement agency within the State for at
20least 2 years. No person shall be appointed to the police or
21fire department if he or she has suffered the amputation of any
22limb unless the applicant's duties will be only clerical or as
23a radio operator. No applicant shall be examined concerning
24his or her political or religious opinions or affiliations.
25The examinations shall be conducted by the board of fire and
26police commissioners of the municipality as provided in this

 

 

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1Division 2.1.
2    The requirement that a police applicant possess an
3associate's degree under this subsection may be waived if one
4or more of the following applies: (1) the applicant has served
5for 24 months of honorable active duty in the United States
6Armed Forces and has not been discharged dishonorably or under
7circumstances other than honorable; (2) the applicant has
8served for 180 days of active duty in the United States Armed
9Forces in combat duty recognized by the Department of Defense
10and has not been discharged dishonorably or under
11circumstances other than honorable; or (3) the applicant has
12successfully received credit for a minimum of 60 credit hours
13toward a bachelor's degree from an accredited college or
14university.
15    The requirement that a police applicant possess a
16bachelor's degree under this subsection may be waived if one
17or more of the following applies: (1) the applicant has served
18for 36 months of honorable active duty in the United States
19Armed Forces and has not been discharged dishonorably or under
20circumstances other than honorable or (2) the applicant has
21served for 180 days of active duty in the United States Armed
22Forces in combat duty recognized by the Department of Defense
23and has not been discharged dishonorably or under
24circumstances other than honorable.
25    (i) No person who is classified by his local selective
26service draft board as a conscientious objector, or who has

 

 

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1ever been so classified, may be appointed to the police
2department.
3    (j) No person shall be appointed to the police or fire
4department unless he or she is a person of good character and
5not an habitual drunkard, gambler, or a person who has been
6convicted of a felony or a crime involving moral turpitude. No
7person, however, shall be disqualified from appointment to the
8fire department because of his or her record of misdemeanor
9convictions except those under Sections 11-1.50, 11-6, 11-7,
1011-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
1112-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
1231-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
13subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
14paragraphs (1), (6), and (8) of subsection (a) of Section 24-1
15of the Criminal Code of 1961 or the Criminal Code of 2012, or
16arrest for any cause without conviction on that cause. Any
17such person who is in the department may be removed on charges
18brought and after a trial as provided in this Division 2.1.
19(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    Section 99. Effective date. This Act takes effect January
211, 2024.