Sen. Mary Edly-Allen

Filed: 5/5/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3751

2    AMENDMENT NO. ______. Amend House Bill 3751 by replacing
3everything after the enacting clause with the following:
 
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, who is legally authorized under
14federal law to work in the United States and is authorized
15under federal law to obtain, carry, or purchase or otherwise
16possess a firearm, or who is an individual against whom

 

 

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1immigration action has been deferred by the U.S. Citizenship
2and Immigration Services under the federal Deferred Action for
3Childhood Arrivals (DACA) process and is authorized under
4federal law to obtain, carry, or purchase or otherwise possess
5a firearm.
6(Source: P.A. 86-962; 87-357.)
 
7    (55 ILCS 5/3-7008)  (from Ch. 34, par. 3-7008)
8    Sec. 3-7008. Appointments. The appointment of deputy
9sheriffs in the Police Department, full-time deputy sheriffs
10not employed as county police officers or county corrections
11officers and of employees in the Department of Corrections
12shall be made from those applicants who have been certified by
13the Board as being qualified for appointment. Certification
14for appointment in one department shall not constitute
15certification for appointment in another department.
16Certification may be made at any point prior to appointment
17and may be made in conjunction with the Sheriff's application
18process. All persons so appointed shall, at the time of their
19appointment, be not less than 21 years of age, or 20 years of
20age and have successfully completed 2 years of law enforcement
21studies at an accredited college or university. Any person
22appointed subsequent to successful completion of 2 years of
23such law enforcement studies shall not have power of arrest,
24nor shall he or she be permitted to carry firearms, until he or
25she reaches 21 years of age. Any person appointed shall be a

 

 

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1citizen of the United States, an individual who is legally
2authorized to work in the United States under federal law and
3is authorized under federal law to obtain, carry, or purchase
4or otherwise possess a firearm, or an individual against whom
5immigration action has been deferred by the U.S. Citizenship
6and Immigration Services under the federal Deferred Action for
7Childhood Arrivals (DACA) process and who is authorized under
8federal law to obtain, carry, or purchase or otherwise possess
9a firearm. In addition, all persons so appointed shall be not
10more than the maximum age limit fixed by the Board from time to
11time, be of sound mind and body, be of good moral character, be
12citizens of the United States, have not been convicted of a
13crime which the Board considers to be detrimental to the
14applicant's ability to carry out his or her duties, possess
15such prerequisites of training, education and experience as
16the Board may from time to time prescribe, and shall be
17required to pass successfully mental, physical, psychiatric
18and other tests and examinations as may be prescribed by the
19Board. Preference shall be given in such appointments to
20persons who have honorably served in the military or naval
21services of the United States. All appointees shall serve a
22probationary period of 12 months and during that period may be
23discharged at the will of the Sheriff. However, civil service
24employees of the house of correction who have certified status
25at the time of the transfer of the house of correction to the
26County Department of Corrections are not subject to this

 

 

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1probationary period, and they shall retain their job titles,
2such tenure privileges as are now enjoyed and any subsequent
3title changes shall not cause reduction in rank or elimination
4of positions.
5(Source: P.A. 100-912, eff. 8-17-18.)
 
6    Section 5. The Illinois Municipal Code is amended by
7changing Sections 10-1-7 and 10-2.1-6 as follows:
 
8    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
9    Sec. 10-1-7. Examination of applicants; disqualifications.
10    (a) All applicants for offices or places in the classified
11service, except those mentioned in Section 10-1-17, are
12subject to examination. The examination shall be public,
13competitive, and open to all citizens of the United States,
14with specified limitations as to residence, age, health,
15habits, and moral character. An individual who is not a
16citizen but is legally authorized to work in the United States
17under federal law or is an individual against whom immigration
18action has been deferred by the U.S. Citizenship and
19Immigration Services under the federal Deferred Action for
20Childhood Arrivals (DACA) process is authorized to apply for
21the position of police officer, subject to (i) all
22requirements and limitations, other than citizenship, to which
23other applicants are subject and (ii) the individual being
24authorized under federal law to obtain, carry, or purchase or

 

 

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1otherwise possess a firearm.
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 or her period of service for that
7municipality, or be made a condition of promotion, except for
8the rank or position 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 on grounds of habits or moral
19character, unless the person is attempting to qualify for a
20position on the police department, in which case the
21conviction or arrest may be considered as a factor in
22determining the person's habits or moral character.
23    (d) Persons entitled to military preference under Section
2410-1-16 shall not be subject to limitations specifying age
25unless they are applicants for a position as a fireman or a
26policeman having no previous employment status as a fireman or

 

 

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1policeman in the regularly constituted fire or police
2department of the municipality, in which case they must not
3have attained their 35th birthday, except any person who has
4served as an auxiliary police officer under Section 3.1-30-20
5for at least 5 years and is under 40 years of age.
6    (e) All employees of a municipality of less than 500,000
7population (except those who would be excluded from the
8classified service as provided in this Division 1) who are
9holding that employment as of the date a municipality adopts
10this Division 1, or as of July 17, 1959, whichever date is the
11later, and who have held that employment for at least 2 years
12immediately before that later date, and all firemen and
13policemen regardless of length of service who were either
14appointed to their respective positions by the board of fire
15and police commissioners under the provisions of Division 2 of
16this Article or who are serving in a position (except as a
17temporary employee) in the fire or police department in the
18municipality on the date a municipality adopts this Division
191, or as of July 17, 1959, whichever date is the later, shall
20become members of the classified civil service of the
21municipality without examination.
22    (f) The examinations shall be practical in their
23character, and shall relate to those matters that will fairly
24test the relative capacity of the persons examined to
25discharge the duties of the positions to which they seek to be
26appointed. The examinations shall include tests of physical

 

 

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

 

 

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1act as examiners without appointing examiners. The examiners
2at any examination shall not all be members of the same
3political party.
4    (h) In municipalities of 500,000 or more population, no
5person who has attained his or her 35th birthday shall be
6eligible to take an examination for a position as a fireman or
7a policeman unless the person has had previous employment
8status as a policeman or fireman in the regularly constituted
9police or fire department of the municipality, except as
10provided in this Section.
11    (i) In municipalities of more than 5,000 but not more than
12200,000 inhabitants, no person who has attained his or her
1335th birthday shall be eligible to take an examination for a
14position as a fireman or a policeman unless the person has had
15previous employment status as a policeman or fireman in the
16regularly constituted police or fire department of the
17municipality, except as provided in this Section.
18    (j) In all municipalities, applicants who are 20 years of
19age and who have successfully completed 2 years of law
20enforcement studies at an accredited college or university may
21be considered for appointment to active duty with the police
22department. An applicant described in this subsection (j) who
23is appointed to active duty shall not have power of arrest, nor
24shall the applicant be permitted to carry firearms, until he
25or she reaches 21 years of age.
26    (k) In municipalities of more than 500,000 population,

 

 

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1applications for examination for and appointment to positions
2as firefighters or police shall be made available at various
3branches of the public library of the municipality.
4    (l) No municipality having a population less than
51,000,000 shall require that any fireman appointed to the
6lowest rank serve a probationary employment period of longer
7than one year. The limitation on periods of probationary
8employment provided in Public Act 86-990 is an exclusive power
9and function of the State. Pursuant to subsection (h) of
10Section 6 of Article VII of the Illinois Constitution, a home
11rule municipality having a population less than 1,000,000 must
12comply with this limitation on periods of probationary
13employment, which is a denial and limitation of home rule
14powers. Notwithstanding anything to the contrary in this
15Section, the probationary employment period limitation may be
16extended for a firefighter who is required, as a condition of
17employment, to be a licensed paramedic, during which time the
18sole reason that a firefighter may be discharged without a
19hearing is for failing to meet the requirements for paramedic
20licensure.
21    (m) To the extent that this Section or any other Section in
22this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
23then Section 10-1-7.1 or 10-1-7.2 shall control.
24(Source: P.A. 102-813, eff. 5-13-22.)
 
25    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)

 

 

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1    Sec. 10-2.1-6. Examination of applicants;
2disqualifications.
3    (a) All applicants for a position in either the fire or
4police department of the municipality shall be under 35 years
5of age, shall be subject to an examination that shall be
6public, competitive, and open to all applicants (unless the
7council or board of trustees by ordinance limit applicants to
8electors of the municipality, county, state, or nation) and
9shall be subject to reasonable limitations as to residence,
10health, habits, and moral character. An individual who is not
11a citizen but is legally authorized to work in the United
12States under federal law or is an individual against whom
13immigration action has been deferred by the U.S. Citizenship
14and Immigration Services under the federal Deferred Action for
15Childhood Arrivals (DACA) process is authorized to apply for
16the position of police officer, subject to (i) all
17requirements and limitations, other than citizenship, to which
18other applicants are subject and (ii) the individual being
19authorized under federal law to obtain, carry, or purchase or
20otherwise possess a firearm. The municipality may not charge
21or collect any fee from an applicant who has met all
22prequalification standards established by the municipality for
23any such position. With respect to a police department, a
24veteran shall be allowed to exceed the maximum age provision
25of this Section by the number of years served on active
26military duty, but by no more than 10 years of active military

 

 

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1duty.
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.".