Sen. Mary Edly-Allen
Filed: 5/5/2023
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1 | AMENDMENT TO HOUSE BILL 3751
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2 | AMENDMENT NO. ______. Amend House Bill 3751 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 3. The Counties Code is amended by changing | ||||||
5 | Sections 3-6033 and 3-7008 as follows:
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6 | (55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
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7 | Sec. 3-6033. Citizenship and residence. The It is unlawful | ||||||
8 | for the
sheriff of any county of fewer than 1,000,000 | ||||||
9 | inhabitants, or the corporate
authorities of any municipality | ||||||
10 | may city, town or village to authorize, empower, employ , or
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11 | permit a any person to act as deputy sheriff or special | ||||||
12 | policeman for the
purpose of preserving the peace , who is not a | ||||||
13 | citizen of the United States , who is legally authorized under | ||||||
14 | federal law to work in the United States and is authorized | ||||||
15 | under federal law to obtain, carry, or purchase or otherwise | ||||||
16 | possess a firearm, or who is an individual against whom |
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1 | immigration action has been deferred by the U.S. Citizenship | ||||||
2 | and Immigration Services under the federal Deferred Action for | ||||||
3 | Childhood Arrivals (DACA) process and is authorized under | ||||||
4 | federal law to obtain, carry, or purchase or otherwise possess | ||||||
5 | a firearm .
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6 | (Source: P.A. 86-962; 87-357.)
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7 | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
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8 | Sec. 3-7008. Appointments. The appointment of deputy | ||||||
9 | sheriffs in the
Police Department, full-time deputy sheriffs | ||||||
10 | not employed as county police
officers or county corrections | ||||||
11 | officers and of employees in the Department
of Corrections | ||||||
12 | shall be made from those applicants who have been certified
by | ||||||
13 | the Board as being qualified for appointment. Certification | ||||||
14 | for
appointment in one department shall not constitute | ||||||
15 | certification for
appointment in another department. | ||||||
16 | Certification may be made at any point prior to appointment | ||||||
17 | and may be made in conjunction with the Sheriff's application | ||||||
18 | process. All persons so appointed shall, at the
time of their | ||||||
19 | appointment, be not less than 21 years of age, or 20 years of
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20 | age and have successfully completed 2 years of law enforcement | ||||||
21 | studies at
an accredited college or university. Any person | ||||||
22 | appointed subsequent to
successful completion of 2 years of | ||||||
23 | such law enforcement studies shall not
have power of arrest, | ||||||
24 | nor shall he or she be permitted to carry firearms,
until he or | ||||||
25 | she reaches 21 years of age. Any person appointed shall be a |
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1 | citizen of the United States, an individual who is legally | ||||||
2 | authorized to work
in the United States under federal law and | ||||||
3 | is authorized under federal law to obtain, carry, or purchase | ||||||
4 | or otherwise possess a firearm, or an individual against whom | ||||||
5 | immigration action has been deferred by the U.S. Citizenship | ||||||
6 | and Immigration Services under the federal Deferred Action for | ||||||
7 | Childhood Arrivals (DACA) process and who is authorized under | ||||||
8 | federal law to obtain, carry, or purchase or otherwise possess | ||||||
9 | a firearm. In addition,
all persons so appointed shall be not | ||||||
10 | more than the maximum age limit fixed
by the Board from time to | ||||||
11 | time, be of sound mind and body, be of good moral
character, be | ||||||
12 | citizens of the United States, have not been convicted of a | ||||||
13 | crime
which the Board considers to be detrimental to the | ||||||
14 | applicant's ability to
carry out his or her duties, possess | ||||||
15 | such prerequisites of training, education
and experience as | ||||||
16 | the Board may from time to time prescribe, and shall be
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17 | required to pass successfully mental, physical, psychiatric | ||||||
18 | and other tests
and examinations as may be prescribed by the | ||||||
19 | Board. Preference shall be
given in such appointments to | ||||||
20 | persons who have honorably served in the
military or naval | ||||||
21 | services of the United States. All appointees shall serve a
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22 | probationary period of 12 months and during that period may be | ||||||
23 | discharged
at the will of the Sheriff. However, civil service | ||||||
24 | employees of the house
of correction who have certified status | ||||||
25 | at the time of the transfer of the
house of correction to the | ||||||
26 | County Department of Corrections are not subject
to this |
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1 | probationary period, and they shall retain their job titles, | ||||||
2 | such
tenure privileges as are now enjoyed and any subsequent | ||||||
3 | title changes shall
not cause reduction in rank or elimination | ||||||
4 | of positions.
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5 | (Source: P.A. 100-912, eff. 8-17-18.)
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6 | Section 5. The Illinois Municipal Code is amended by | ||||||
7 | changing Sections 10-1-7 and 10-2.1-6 as follows:
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8 | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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9 | Sec. 10-1-7. Examination of applicants; disqualifications.
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10 | (a) All applicants for offices or places in the classified | ||||||
11 | service, except
those mentioned in Section 10-1-17, are | ||||||
12 | subject to examination. The
examination shall be public, | ||||||
13 | competitive, and open to all citizens of the
United States, | ||||||
14 | with specified limitations as to residence, age, health, | ||||||
15 | habits ,
and moral character. An individual who is not a | ||||||
16 | citizen but is legally authorized to work
in the United States | ||||||
17 | under federal law or is an individual against whom immigration | ||||||
18 | action has been deferred by the U.S. Citizenship and | ||||||
19 | Immigration Services under the federal Deferred Action for | ||||||
20 | Childhood Arrivals (DACA) process is authorized to apply for | ||||||
21 | the position of police officer, subject to (i) all | ||||||
22 | requirements and limitations, other than citizenship, to which | ||||||
23 | other applicants are subject and (ii) the individual being | ||||||
24 | authorized under federal law to obtain, carry, or purchase or |
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1 | otherwise possess a firearm.
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2 | (b) Residency requirements in effect at the time an | ||||||
3 | individual enters the
fire or police service of a municipality | ||||||
4 | (other than a municipality that
has more than 1,000,000 | ||||||
5 | inhabitants) cannot be made more restrictive
for that | ||||||
6 | individual during his or her period of service for that | ||||||
7 | municipality,
or be made a condition of promotion, except for | ||||||
8 | the rank or position of Fire or
Police Chief.
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9 | (c) No person with a record of misdemeanor convictions | ||||||
10 | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
11 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
12 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, | ||||||
13 | 31-6, 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 | ||||||
16 | Code of 1961 or the Criminal Code of 2012 or arrested for any | ||||||
17 | cause but
not convicted on that cause shall be disqualified | ||||||
18 | from taking the examination
on grounds of habits or moral | ||||||
19 | character, unless the person is attempting to
qualify for a | ||||||
20 | position on the police department, in which case the | ||||||
21 | conviction
or arrest may be considered as a factor in | ||||||
22 | determining the person's habits or
moral character.
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23 | (d) Persons entitled to military preference under Section | ||||||
24 | 10-1-16
shall not be subject to limitations specifying age | ||||||
25 | unless they are
applicants for a position as a fireman or a | ||||||
26 | policeman having no previous
employment status as a fireman or |
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1 | policeman in the regularly constituted
fire or police | ||||||
2 | department of the municipality, in which case they must not
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3 | have attained their 35th birthday, except any person who has | ||||||
4 | served as an
auxiliary police officer under Section 3.1-30-20 | ||||||
5 | for at least 5 years and is
under 40 years of age.
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6 | (e) All employees of a municipality of less than 500,000 | ||||||
7 | population (except
those who would be excluded from the | ||||||
8 | classified service as provided in this
Division 1) who are | ||||||
9 | holding that employment as of the date a municipality
adopts | ||||||
10 | this Division 1, or as of July 17, 1959, whichever date is the | ||||||
11 | later,
and who have held that employment for at least 2 years | ||||||
12 | immediately before that
later date, and all firemen and | ||||||
13 | policemen regardless of length of service who
were either | ||||||
14 | appointed to their respective positions by the board of fire | ||||||
15 | and
police commissioners under the provisions of Division 2 of | ||||||
16 | this Article or who
are serving in a position (except as a | ||||||
17 | temporary employee) in the fire or
police department in the | ||||||
18 | municipality on the date a municipality adopts
this Division | ||||||
19 | 1, or as of July 17, 1959, whichever date is the later, shall
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20 | become members of the classified civil service of the | ||||||
21 | municipality
without examination.
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22 | (f) The examinations shall be practical in their | ||||||
23 | character, and shall
relate to those matters that will fairly | ||||||
24 | test the relative capacity of the
persons examined to | ||||||
25 | discharge the duties of the positions to which they
seek to be | ||||||
26 | appointed. The examinations shall include tests of physical
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1 | qualifications, health, and (when appropriate) manual skill. | ||||||
2 | If an applicant
is unable to pass the physical examination | ||||||
3 | solely as the result of an injury
received by the applicant as | ||||||
4 | the result of the performance of an act of duty
while working | ||||||
5 | as a temporary employee in the position for which he or she is
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6 | being examined, however, the physical examination shall be | ||||||
7 | waived and the
applicant shall be considered to have passed | ||||||
8 | the examination. No questions in
any examination shall relate | ||||||
9 | to political or religious opinions or
affiliations. Results of | ||||||
10 | examinations and the eligible registers prepared from
the | ||||||
11 | results shall be published by the commission within 60 days | ||||||
12 | after any
examinations are held.
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13 | (g) The commission shall control all examinations, and | ||||||
14 | may, whenever an
examination is to take place, designate a | ||||||
15 | suitable number of persons,
either in or not in the official | ||||||
16 | service of the municipality, to be
examiners. The examiners | ||||||
17 | shall conduct the examinations as directed by the
commission | ||||||
18 | and shall make a return or report of the examinations to the
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19 | commission. If the appointed examiners are in the official | ||||||
20 | service of the
municipality, the examiners shall not receive | ||||||
21 | extra compensation for conducting
the examinations unless the | ||||||
22 | examiners are subject to a collective bargaining agreement | ||||||
23 | with the municipality. The commission may at any time | ||||||
24 | substitute any other person,
whether or not in the service of | ||||||
25 | the municipality, in the place of any one
selected as an | ||||||
26 | examiner. The commission members may themselves at any time |
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1 | act
as examiners without appointing examiners. The examiners | ||||||
2 | at any examination
shall not all be members of the same | ||||||
3 | political party.
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4 | (h) In municipalities of 500,000 or more population, no | ||||||
5 | person who has
attained his or her 35th birthday shall be | ||||||
6 | eligible to take an examination for
a position as a fireman or | ||||||
7 | a policeman unless the person has had previous
employment | ||||||
8 | status as a policeman or fireman in the regularly constituted | ||||||
9 | police
or fire department of the municipality, except as | ||||||
10 | provided in this Section.
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11 | (i) In municipalities of more than 5,000 but not more than | ||||||
12 | 200,000
inhabitants, no person who has attained his or her | ||||||
13 | 35th birthday shall be
eligible to take an examination for a | ||||||
14 | position as a fireman or a policeman
unless the person has had | ||||||
15 | previous employment status as a policeman or fireman
in the | ||||||
16 | regularly constituted police or fire department of the | ||||||
17 | municipality,
except as provided in this Section.
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18 | (j) In all municipalities, applicants who are 20 years of | ||||||
19 | age and who have
successfully completed 2 years of law | ||||||
20 | enforcement studies at an accredited
college or university may | ||||||
21 | be considered for appointment to active duty with
the police | ||||||
22 | department. An applicant described in this subsection (j) who | ||||||
23 | is
appointed to active duty shall not have power of arrest, nor | ||||||
24 | shall the
applicant be permitted to carry firearms, until he | ||||||
25 | or she reaches 21 years of
age.
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26 | (k) In municipalities of more than 500,000 population, |
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1 | applications for
examination for and appointment to positions | ||||||
2 | as firefighters or police
shall be made available at various | ||||||
3 | branches of the public library of the
municipality.
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4 | (l) No municipality having a population less than | ||||||
5 | 1,000,000 shall require
that any fireman appointed to the | ||||||
6 | lowest rank serve a probationary employment
period of longer | ||||||
7 | than one year. The limitation on periods of probationary
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8 | employment provided in Public Act 86-990 is an exclusive power | ||||||
9 | and
function of the State. Pursuant to subsection (h) of | ||||||
10 | Section 6 of Article VII
of the Illinois Constitution, a home | ||||||
11 | rule municipality having a population less
than 1,000,000 must | ||||||
12 | comply with this limitation on periods of probationary
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13 | employment, which is a denial and limitation of home rule | ||||||
14 | powers.
Notwithstanding anything to the contrary in this | ||||||
15 | Section, the probationary
employment period limitation may be | ||||||
16 | extended for a firefighter who is required, as a condition of | ||||||
17 | employment, to be a licensed paramedic, during which time the | ||||||
18 | sole reason that a firefighter may be discharged without a | ||||||
19 | hearing is for failing to meet the requirements for paramedic | ||||||
20 | licensure.
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21 | (m) To the extent that this Section or any other Section in | ||||||
22 | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, | ||||||
23 | then Section 10-1-7.1 or 10-1-7.2 shall control. | ||||||
24 | (Source: P.A. 102-813, eff. 5-13-22.)
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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; | ||||||
2 | disqualifications.
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3 | (a) All applicants for a position in either the fire or | ||||||
4 | police department
of the municipality shall be under 35 years | ||||||
5 | of age, shall be subject to an
examination that shall be | ||||||
6 | public, competitive, and open to all applicants
(unless the | ||||||
7 | council or board of trustees by ordinance limit applicants to
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8 | electors of the municipality, county, state , or nation) and | ||||||
9 | shall be subject to
reasonable limitations as to residence, | ||||||
10 | health, habits, and moral character. An individual who is not | ||||||
11 | a citizen but is legally authorized to work
in the United | ||||||
12 | States under federal law or is an individual against whom | ||||||
13 | immigration action has been deferred by the U.S. Citizenship | ||||||
14 | and Immigration Services under the federal Deferred Action for | ||||||
15 | Childhood Arrivals (DACA) process is authorized to apply for | ||||||
16 | the position of police officer, subject to (i) all | ||||||
17 | requirements and limitations, other than citizenship, to which | ||||||
18 | other applicants are subject and (ii) the individual being | ||||||
19 | authorized under federal law to obtain, carry, or purchase or | ||||||
20 | otherwise possess a firearm.
The municipality may not charge | ||||||
21 | or collect any fee from an applicant who has
met all | ||||||
22 | prequalification standards established by the municipality for | ||||||
23 | any such
position. With respect to a police department, a | ||||||
24 | veteran shall be allowed to exceed the maximum age provision | ||||||
25 | of this Section by the number of years served on active | ||||||
26 | military duty, but by no more than 10 years of active military |
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1 | duty.
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2 | (b) Residency requirements in effect at the time an | ||||||
3 | individual enters the
fire or police service of a municipality | ||||||
4 | (other than a municipality that
has more than 1,000,000 | ||||||
5 | inhabitants) cannot be made more restrictive for
that | ||||||
6 | individual during his period of service for that municipality, | ||||||
7 | or be
made a condition of promotion, except for the rank or | ||||||
8 | position of Fire or
Police Chief.
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9 | (c) No person with a record of misdemeanor convictions | ||||||
10 | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
11 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
12 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
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13 | 31-6, 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 | ||||||
16 | Code of 1961 or the Criminal Code of 2012, or arrested for any | ||||||
17 | cause but not
convicted on that cause shall be disqualified | ||||||
18 | from taking the examination to
qualify for a position in the | ||||||
19 | fire department on grounds of habits or moral
character.
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20 | (d) The age limitation in subsection (a) does not apply | ||||||
21 | (i) to any person
previously employed as a policeman or | ||||||
22 | fireman in a regularly constituted police
or fire department | ||||||
23 | of (I) any municipality, regardless of whether the | ||||||
24 | municipality is located in Illinois or in another state, or | ||||||
25 | (II) a fire protection district
whose obligations were assumed | ||||||
26 | by a municipality under Section 21 of the Fire
Protection |
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1 | District Act, (ii) to any person who has served a municipality | ||||||
2 | as a
regularly enrolled volunteer fireman for 5 years | ||||||
3 | immediately preceding the time
that municipality begins to use | ||||||
4 | full time firemen to provide all or part of its
fire protection | ||||||
5 | service, or (iii) to any person who has served as an auxiliary | ||||||
6 | police officer under Section 3.1-30-20 for at least 5 years | ||||||
7 | and is under 40 years of
age, (iv) to any person who has served | ||||||
8 | as a deputy under Section 3-6008 of
the Counties Code and | ||||||
9 | otherwise meets necessary training requirements, or (v) to any | ||||||
10 | person who has served as a sworn officer as a member of the | ||||||
11 | Illinois State Police.
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12 | (e) Applicants who are 20 years of age and who have | ||||||
13 | successfully completed 2
years of law enforcement studies at | ||||||
14 | an accredited college or university may be
considered for | ||||||
15 | appointment to active duty with the police department. An
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16 | applicant described in this subsection (e) who is appointed to | ||||||
17 | active duty
shall not have power of arrest, nor shall the | ||||||
18 | applicant be permitted to carry
firearms, until he or she | ||||||
19 | reaches 21 years of age.
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20 | (f) Applicants who are 18 years of age and who have | ||||||
21 | successfully
completed 2 years of study in fire techniques, | ||||||
22 | amounting to a total of 4
high school credits, within the cadet | ||||||
23 | program of a municipality may be
considered for appointment to | ||||||
24 | active duty with the fire department of any
municipality.
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25 | (g) The council or board of trustees may by ordinance | ||||||
26 | provide
that persons residing outside the municipality are |
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1 | eligible to take the
examination.
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2 | (h) The examinations shall be practical in character and | ||||||
3 | relate to
those matters that will fairly test the capacity of | ||||||
4 | the persons examined
to discharge the duties of the positions | ||||||
5 | to which they seek appointment. No
person shall be appointed | ||||||
6 | to the police or fire department if he or she does
not possess | ||||||
7 | a high school diploma or an equivalent high school education.
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8 | A board of fire and police commissioners may, by its rules, | ||||||
9 | require police
applicants to have obtained an associate's | ||||||
10 | degree or a bachelor's degree as a
prerequisite for | ||||||
11 | employment. The
examinations shall include tests of physical | ||||||
12 | qualifications and health. A board of fire and police | ||||||
13 | commissioners may, by its rules, waive portions of the | ||||||
14 | required examination for police applicants who have previously | ||||||
15 | been full-time sworn officers of a regular police department | ||||||
16 | in any municipal, county, university, or State law enforcement | ||||||
17 | agency, provided they are certified by the Illinois Law | ||||||
18 | Enforcement Training Standards Board and have been with their | ||||||
19 | respective law enforcement agency within the State for at | ||||||
20 | least 2 years. No
person shall be appointed to the police or | ||||||
21 | fire department if he or she has
suffered the amputation of any | ||||||
22 | limb unless the applicant's duties will be only
clerical or as | ||||||
23 | a radio operator. No applicant shall be examined concerning | ||||||
24 | his
or her political or religious opinions or affiliations. | ||||||
25 | The examinations shall
be conducted by the board of fire and | ||||||
26 | police commissioners of the municipality
as provided in this |
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1 | Division 2.1.
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2 | The requirement that a police applicant possess an | ||||||
3 | associate's degree under this subsection may be waived if one | ||||||
4 | or more of the following applies: (1) the applicant has served | ||||||
5 | for 24 months of honorable active duty in the United States | ||||||
6 | Armed Forces and has not been discharged dishonorably or under | ||||||
7 | circumstances other than honorable; (2) the applicant has | ||||||
8 | served for 180 days of active duty in the United States Armed | ||||||
9 | Forces in combat duty recognized by the Department of Defense | ||||||
10 | and has not been discharged dishonorably or under | ||||||
11 | circumstances other than honorable; or (3) the applicant has | ||||||
12 | successfully received credit for a minimum of 60 credit hours | ||||||
13 | toward a bachelor's degree from an accredited college or | ||||||
14 | university. | ||||||
15 | The requirement that a police applicant possess a | ||||||
16 | bachelor's degree under this subsection may be waived if one | ||||||
17 | or more of the following applies: (1) the applicant has served | ||||||
18 | for 36 months of honorable active duty in the United States | ||||||
19 | Armed Forces and has not been discharged dishonorably or under | ||||||
20 | circumstances other than honorable or (2) the applicant has | ||||||
21 | served for 180 days of active duty in the United States Armed | ||||||
22 | Forces in combat duty recognized by the Department of Defense | ||||||
23 | and has not been discharged dishonorably or under | ||||||
24 | circumstances other than honorable. | ||||||
25 | (i) No person who is classified by his local selective | ||||||
26 | service draft board
as a conscientious objector, or who has |
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1 | ever been so classified, may be
appointed to the police | ||||||
2 | department.
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3 | (j) No person shall be appointed to the police or fire | ||||||
4 | department unless he
or she is a person of good character and | ||||||
5 | not an habitual drunkard, gambler, or
a person who has been | ||||||
6 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
7 | person, however, shall be disqualified from appointment to the
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8 | fire department because of his or her record of misdemeanor | ||||||
9 | convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||||||
10 | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
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11 | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||||||
12 | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||||||
13 | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||||||
14 | paragraphs (1), (6), and (8) of subsection (a) of Section
24-1 | ||||||
15 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
16 | arrest for any cause without conviction on
that cause. Any | ||||||
17 | such person who is in the department may be removed on charges
| ||||||
18 | brought and after a trial as provided in this Division 2.1.
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19 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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20 | Section 99. Effective date. This Act takes effect January | ||||||
21 | 1, 2024.".
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