SB2275sam001 97TH GENERAL ASSEMBLY

Sen. John J. Millner

Filed: 3/29/2011

09700SB2275sam001 LRB097 10327 RLC 53183 a

AMENDMENT TO SENATE BILL 2275

AMENDMENT NO. ______. Amend Senate Bill 2275 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Police Training Act is amended by changing Sections 10, 10.2, and 10.4 as follows:

(50 ILCS 705/10) (from Ch. 85, par. 510)

Sec. 10. The Board may make, amend and rescind such rules and regulations as may be necessary to carry out the provisions of this Act, including those relating to the annual certification of retired law enforcement officers qualified under federal law or the annual certification of retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon. A copy of all rules and regulations and amendments or rescissions thereof shall be filed with the Secretary of State within a reasonable time after their adoption. The schools certified by the Board and participating in the training program may dismiss from the school any trainee prior to his completion of the course, if in the opinion of the person in charge of the training school, the trainee is unable or unwilling to satisfactorily complete the prescribed course of training.

(Source: P.A. 94-103, eff. 7-1-05.)

(50 ILCS 705/10.2)

Sec. 10.2. Criminal background investigations.

(a) On and after July 1, 2005 (the effective date of Public Act 94-103) the effective date of this amendatory Act of the 92nd General Assembly, an applicant for employment as a peace officer, or for annual certification as a retired law enforcement officer qualified under federal law or the annual certification of a retired parole agent or parole supervisor qualified under Illinois law to carry a concealed weapon, shall authorize an investigation to determine if the applicant has been convicted of any criminal offense that disqualifies the person as a peace officer.

(b) No law enforcement agency may knowingly employ a person, or certify a retired law enforcement officer qualified under federal law or a retired parole agent or parole supervisor qualified under Illinois law to carry a concealed weapon, unless (i) a criminal background investigation of that person has been completed and (ii) that investigation reveals no convictions of offenses specified in subsection (a) of Section 6.1 of this Act.

(Source: P.A. 94-103, eff. 7-1-05.)

(50 ILCS 705/10.4)

Sec. 10.4. Weapon certification for retired law enforcement officers. The Board may initiate, administer, and conduct annual firearm certification courses consistent with the requirements enumerated in the Peace Officer Firearm Training Act for retired law enforcement officers qualified under federal law or of retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon.

(Source: P.A. 94-103, eff. 7-1-05.)

Section 10. The Peace Officer Firearm Training Act is amended by changing Sections 1 and 3 as follows:

(50 ILCS 710/1) (from Ch. 85, par. 515)

Sec. 1. Definitions. As used in this Act:

(a) "Peace officer" means (i) any person who by virtue of his office or public employment is vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, and who is employed in such capacity by any county or municipality or (ii) any retired law enforcement officers qualified under federal law or retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon.

(b) "Firearms" means any weapon or device defined as a firearm in Section 1.1 of "An Act relating to the acquisition, possession and transfer of firearms and firearm ammunition, to provide a penalty for the violation thereof and to make an appropriation in connection therewith", approved August 3, 1967, as amended.

(Source: P.A. 94-103, eff. 7-1-05.)

(50 ILCS 710/3) (from Ch. 85, par. 517)

Sec. 3. The Board is charged with enforcing this Act and making inspections to insure compliance with its provisions, and is empowered to promulgate rules necessary for its administration and enforcement, including those relating to the annual certification of retired law enforcement officers qualified under federal law or the annual certification of retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon. All units of government or other agencies which employ or utilize peace officers, or that certify retired law enforcement officers qualified under federal law or that certify retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon, shall cooperate with the Board by furnishing relevant information which the Board may require. The Executive Director of the Board shall report annually, no later than February 1, to the Board, with copies to the Governor and the General Assembly, the results of these inspections and provide other related information and recommendations as it deems proper.

(Source: P.A. 94-103, eff. 7-1-05.)

Section 15. The Intergovernmental Law Enforcement Officer's In-Service Training Act is amended by changing Sections 2, 3, and 4 as follows:

(50 ILCS 720/2) (from Ch. 85, par. 562)

Sec. 2. Definitions.

"Board" means the Illinois Law Enforcement Training Standards Board created by the Illinois Police Training Act.

"Director" means the Executive Director of the Board.

"Chairman" means the Chairman of the Board.

"Appointed Member" means a member of the Board appointed by the Governor pursuant to the Illinois Police Training Act and designated by the Director to serve on an Advisory Board.

"Mobile Team In-Service Training Unit" or "Mobile Team" means an organization formed by a combination of units of local government and the Board and established under this Act to deliver in-service training at scheduled times and selected sites within a geographic region to (i) local and State law enforcement officers (whether employed on a full-time or part-time basis) and (ii) retired law enforcement officers qualified under federal law or retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon.

"Advisory Board" means a Board composed of a representative number of county board members, mayors, chiefs of police, and sheriffs of participating units of local government, and the Director, Chairman or appointed member of the Illinois Law Enforcement Training Standards Board. The composition and number of each Advisory Board will be determined by the participants. Members of the Advisory Board shall serve without compensation but may be reimbursed for reasonable expenses incurred in carrying out their duties.

"Unit of local government" means a unit of local government as defined in Article VII, Section 1 of the Illinois Constitution of 1970 and includes both home rule units and units which are not home rule units.

(Source: P.A. 94-103, eff. 7-1-05.)

(50 ILCS 720/3) (from Ch. 85, par. 563)

Sec. 3. Powers and Duties.

(a) Powers and Duties of the Advisory Board.

(1) To incorporate as a general not-for-profit corporation or other appropriate structure under Illinois law.

(2) To adopt By-Laws and Operating Procedures.

(3) To designate a Financial Officer who is an elected local government official.

(4) To employ a coordinator and to approve the employment of such other full or part-time staff as may be required.

(5) To develop and approve the total budget for the Mobile Team annually.

(6) To determine equitable formulae for providing the local share of cost of the Mobile Team, and to assure receipt of such funds from participating units of local government.

(7) To oversee the development of training programs, the delivery of training, and the proper expenditure of funds.

(8) To carry out such other actions or activities appropriate to the operation of the Mobile Team including but not limited to contracting for services and supplies, and purchase of furniture, fixtures, equipment and supplies.

(9) To exercise all other powers and duties as are reasonable to fulfill its functions in furtherance of the purposes of this Act.

(b) Powers and Duties of the Illinois Law Enforcement Training Standards Board.

(1) To act as the State agency participant on each Mobile Team Advisory Board.

(2) To act as the State agency to coordinate the actions of Mobile Teams established in the State.

(3) To determine that the Mobile Team meets the criteria for the receipt of funds from the State in accordance with Section 4 of this Act.

(4) To budget for and authorize quarterly disbursement of State funds up to 50% of the total approved budget of the eligible Mobile Team.

(5) To establish such reasonable rules and regulations as the Director deems necessary to carry out the duties described in this Act, including those relating to the annual certification of retired law enforcement officers qualified under federal law or the annual certification of retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon.

(c) Powers and Duties of the Coordinator of an Advisory Board.

(1) To manage and coordinate the ongoing operations of the Mobile Team.

(2) To employ and supervise additional authorized full or part-time staff.

(3) To arrange for qualified instructors from among the employees of State, local or federal Departments or agencies wherever practical and to obtain other instructional services as required.

(Source: P.A. 94-103, eff. 7-1-05.)

(50 ILCS 720/4) (from Ch. 85, par. 564)

Sec. 4. State Funding-Minimum Criteria. A Mobile Team In-Service Training Unit which meets the minimum criteria established in this Section is eligible to receive State funds to help defray the costs of operation. To be eligible a Mobile Team must:

(1) Be established and operating pursuant to the Intergovernmental Cooperation Section Article VII, Section 10, of the Illinois Constitution of 1970 and must involve two or more units of local government including at least one county and the Board.

(2) Establish an Advisory Board composed of elected local officials and chief law enforcement officers from participating units of local government and the Director, Chairman or appointed member of the Board to oversee the operations of the Mobile Team and make such reports to the Board as the Board may require.

(3) Designate an elected local official to act as the financial officer of the Mobile Team for all participating units of government, and to receive and expend funds for the operation of the Mobile Team.

(4) Limit its operations to in-service training of law enforcement personnel employed by the State, by units of local government or by the Federal government or their agencies and departments in the administration of justice or retired law enforcement officers qualified under federal law or retired parole agents or parole supervisors qualified under Illinois law to carry a concealed weapon.

(5) Cooperate with the Board in order to assure compliance with this Act and to enable the Board to fulfill its duties under this Act, and to supply the Board with such information as the Board deems necessary therefor.

(6) Receive funding of up to 50% of the total approved budget of the Mobile Team from the participating units of local government.

(Source: P.A. 94-103, eff. 7-1-05.)

Section 20. The Unified Code of Corrections is amended by changing Section 3-14-1.5 as follows:

(730 ILCS 5/3-14-1.5)

Sec. 3-14-1.5. Parole agents and parole supervisors; off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 of the Criminal Code of 1961 do not apply to parole agents and parole supervisors who meet the following conditions:

(1) The parole agent or parole supervisor must receive training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board and be certified as having successfully completing such training by the Board. The Board shall determine the amount of such training and the course content for such training. The parole agent or parole supervisor shall requalify for the firearms training annually at a State range certified by the Illinois Law Enforcement Training Standards Board. The expenses of such retraining shall be paid by the parole agent or parole supervisor and moneys for such requalification shall be expended at the request of the Illinois Law Enforcement Training Standards Board.

(2) The parole agent or parole supervisor shall purchase such firearm at his or her own expense and shall register the firearm with the Illinois Department of State Police and with any other local law enforcement agencies that require such registration.

(3) The parole agent or parole supervisor may not carry any Illinois Department of Corrections State issued firearm while off-duty. A person who violates this paragraph (3) is subject to disciplinary action by the Illinois Department of Corrections.

(4) Parole agents and supervisors who are discharged from employment of the Illinois Department of Corrections shall no longer be considered law enforcement officials and all their rights as law enforcement officials shall be revoked permanently.

(5) Retired parole agents and supervisors who were not terminated from employment due to disciplinary action or mental instability and who were otherwise in good standing with the Department may continue to carry a concealed firearm in Illinois subject to the following criteria and limitations:

(A) the retired parole agent or supervisor must not otherwise be prohibited by Illinois or federal law from receiving or carrying a firearm;

(B) the retired parole agent or supervisor must have been employed as a parole agent, parole supervisor, or law enforcement officer for an aggregate of 15 years or more;

(C) the retired parole agent or supervisor must have met the State's standards for training and qualification to carry firearms during the most recent 12 month period;

(D) the retired parole agent or supervisor must not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance;

(E) the retired parole agent or supervisor may only possess the types and quantities of firearms that are authorized by federal law under the Law Enforcement Officers Safety Act of 2004.

Those individuals who qualify must apply to the Illinois Retired Officer Concealed Carry program which is supervised by the Illinois Law Enforcement Training Standards Board and shall be subject to the same certification and annual re-certification as retired law enforcement officers who are authorized by federal law to carry a firearm under the Law Enforcement Officers Safety Act of 2004.

(Source: P.A. 96-230, eff. 1-1-10; revised 9-16-10.)

Section 99. Effective date. This Act takes effect upon becoming law.".