|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning local government.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 10-2.1-6 as follows:
| ||||||
6 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||||||
7 | Sec. 10-2.1-6. Examination of applicants; | ||||||
8 | disqualifications.
| ||||||
9 | (a) All applicants for a position in either the fire or | ||||||
10 | police department
of the municipality shall be under 35 years | ||||||
11 | of age, shall be subject to an
examination that shall be | ||||||
12 | public, competitive, and open to all applicants
(unless the | ||||||
13 | council or board of trustees by ordinance limit applicants to
| ||||||
14 | electors of the municipality, county, state or nation) and | ||||||
15 | shall be subject to
reasonable limitations as to residence, | ||||||
16 | health, habits, and moral character.
The municipality may not | ||||||
17 | charge or collect any fee from an applicant who has
met all | ||||||
18 | prequalification standards established by the municipality for | ||||||
19 | any such
position.
| ||||||
20 | (b) Residency requirements in effect at the time an | ||||||
21 | individual enters the
fire or police service of a municipality | ||||||
22 | (other than a municipality that
has more than 1,000,000 | ||||||
23 | inhabitants) cannot be made more restrictive for
that |
| |||||||
| |||||||
1 | individual during his period of service for that municipality, | ||||||
2 | or be
made a condition of promotion, except for the rank or | ||||||
3 | position of Fire or
Police Chief.
| ||||||
4 | (c) No person with a record of misdemeanor convictions | ||||||
5 | except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | ||||||
6 | 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | ||||||
7 | 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | ||||||
8 | 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | ||||||
9 | 24-1 of the Criminal Code of 1961 or arrested for any cause but | ||||||
10 | not
convicted on that cause shall be disqualified from taking | ||||||
11 | the examination to
qualify for a position in the fire | ||||||
12 | department on grounds of habits or moral
character.
| ||||||
13 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
14 | to any person
previously employed as a policeman or fireman in | ||||||
15 | a regularly constituted police
or fire department of (I) any | ||||||
16 | municipality , regardless of whether the municipality is | ||||||
17 | located in Illinois or in another state, or (II) a fire | ||||||
18 | protection district
whose obligations were assumed by a | ||||||
19 | municipality under Section 21 of the Fire
Protection District | ||||||
20 | Act, (ii) to any person who has served a municipality as a
| ||||||
21 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
22 | preceding the time
that municipality begins to use full time | ||||||
23 | firemen to provide all or part of its
fire protection service, | ||||||
24 | or (iii) to any person who has served as an auxiliary police | ||||||
25 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
26 | under 40 years of
age, (iv) to any person who has served as a |
| |||||||
| |||||||
1 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
2 | meets necessary training requirements, or (v) to any person who | ||||||
3 | has served as a sworn officer as a member of the Illinois | ||||||
4 | Department of State Police.
| ||||||
5 | (e) Applicants who are 20 years of age and who have | ||||||
6 | successfully completed 2
years of law enforcement studies at an | ||||||
7 | accredited college or university may be
considered for | ||||||
8 | appointment to active duty with the police department. An
| ||||||
9 | applicant described in this subsection (e) who is appointed to | ||||||
10 | active duty
shall not have power of arrest, nor shall the | ||||||
11 | applicant be permitted to carry
firearms, until he or she | ||||||
12 | reaches 21 years of age.
| ||||||
13 | (f) Applicants who are 18 years of age and who have | ||||||
14 | successfully
completed 2 years of study in fire techniques, | ||||||
15 | amounting to a total of 4
high school credits, within the cadet | ||||||
16 | program of a municipality may be
considered for appointment to | ||||||
17 | active duty with the fire department of any
municipality.
| ||||||
18 | (g) The council or board of trustees may by ordinance | ||||||
19 | provide
that persons residing outside the municipality are | ||||||
20 | eligible to take the
examination.
| ||||||
21 | (h) The examinations shall be practical in character and | ||||||
22 | relate to
those matters that will fairly test the capacity of | ||||||
23 | the persons examined
to discharge the duties of the positions | ||||||
24 | to which they seek appointment. No
person shall be appointed to | ||||||
25 | the police or fire department if he or she does
not possess a | ||||||
26 | high school diploma or an equivalent high school education.
A |
| |||||||
| |||||||
1 | board of fire and police commissioners may, by its rules, | ||||||
2 | require police
applicants to have obtained an associate's | ||||||
3 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
4 | The
examinations shall include tests of physical | ||||||
5 | qualifications and health. No
person shall be appointed to the | ||||||
6 | police or fire department if he or she has
suffered the | ||||||
7 | amputation of any limb unless the applicant's duties will be | ||||||
8 | only
clerical or as a radio operator. No applicant shall be | ||||||
9 | examined concerning his
or her political or religious opinions | ||||||
10 | or affiliations. The examinations shall
be conducted by the | ||||||
11 | board of fire and police commissioners of the municipality
as | ||||||
12 | provided in this Division 2.1.
| ||||||
13 | (i) No person who is classified by his local selective | ||||||
14 | service draft board
as a conscientious objector, or who has | ||||||
15 | ever been so classified, may be
appointed to the police | ||||||
16 | department.
| ||||||
17 | (j) No person shall be appointed to the police or fire | ||||||
18 | department unless he
or she is a person of good character and | ||||||
19 | not an habitual drunkard, gambler, or
a person who has been | ||||||
20 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
21 | person, however, shall be disqualified from appointment to the
| ||||||
22 | fire department because of his or her record of misdemeanor | ||||||
23 | convictions except
those under Sections 11-6, 11-7, 11-9, | ||||||
24 | 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | ||||||
25 | 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | ||||||
26 | 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) |
| |||||||
| |||||||
1 | of Section
24-1 of the Criminal Code of 1961 or arrest for any | ||||||
2 | cause without conviction on
that cause. Any such person who is | ||||||
3 | in the department may be removed on charges
brought and after a | ||||||
4 | trial as provided in this Division 2.1.
| ||||||
5 | (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06.)
|