Rep. Josh Harms

Filed: 5/9/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1908

2    AMENDMENT NO. ______. Amend Senate Bill 1908, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6changing Section 10-2.1-6 as follows:
 
7    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
8    Sec. 10-2.1-6. Examination of applicants;
9disqualifications.
10    (a) All applicants for a position in either the fire or
11police department of the municipality shall be under 35 years
12of age, shall be subject to an examination that shall be
13public, competitive, and open to all applicants (unless the
14council or board of trustees by ordinance limit applicants to
15electors of the municipality, county, state or nation) and
16shall be subject to reasonable limitations as to residence,

 

 

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1health, habits, and moral character. The municipality may not
2charge or collect any fee from an applicant who has met all
3prequalification standards established by the municipality for
4any such position. With respect to a police department, a
5veteran shall be allowed to exceed the maximum age provision of
6this Section by the number of years served on active military
7duty, but by no more than 10 years of active military duty.
8    (b) Residency requirements in effect at the time an
9individual enters the fire or police service of a municipality
10(other than a municipality that has more than 1,000,000
11inhabitants) cannot be made more restrictive for that
12individual during his period of service for that municipality,
13or be made a condition of promotion, except for the rank or
14position of Fire or Police Chief.
15    (c) No person with a record of misdemeanor convictions
16except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1711-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1814-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
1931-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
20(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
21of Section 24-1 of the Criminal Code of 1961 or the Criminal
22Code of 2012, or arrested for any cause but not convicted on
23that cause shall be disqualified from taking the examination to
24qualify for a position in the fire department on grounds of
25habits or moral character.
26    (d) The age limitation in subsection (a) does not apply (i)

 

 

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1to any person previously employed as a policeman or fireman in
2a regularly constituted police or fire department of (I) any
3municipality, regardless of whether the municipality is
4located in Illinois or in another state, or (II) a fire
5protection district whose obligations were assumed by a
6municipality under Section 21 of the Fire Protection District
7Act, (ii) to any person who has served a municipality as a
8regularly enrolled volunteer fireman for 5 years immediately
9preceding the time that municipality begins to use full time
10firemen to provide all or part of its fire protection service,
11or (iii) to any person who has served as an auxiliary police
12officer under Section 3.1-30-20 for at least 5 years and is
13under 40 years of age, (iv) to any person who has served as a
14deputy under Section 3-6008 of the Counties Code and otherwise
15meets necessary training requirements, or (v) to any person who
16has served as a sworn officer as a member of the Illinois
17Department of State Police.
18    (e) Applicants who are 20 years of age and who have
19successfully completed 2 years of law enforcement studies at an
20accredited college or university may be considered for
21appointment to active duty with the police department. An
22applicant described in this subsection (e) who is appointed to
23active duty shall not have power of arrest, nor shall the
24applicant be permitted to carry firearms, until he or she
25reaches 21 years of age.
26    (f) Applicants who are 18 years of age and who have

 

 

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1successfully completed 2 years of study in fire techniques,
2amounting to a total of 4 high school credits, within the cadet
3program of a municipality may be considered for appointment to
4active duty with the fire department of any municipality.
5    (g) The council or board of trustees may by ordinance
6provide that persons residing outside the municipality are
7eligible to take the examination.
8    (h) The examinations shall be practical in character and
9relate to those matters that will fairly test the capacity of
10the persons examined to discharge the duties of the positions
11to which they seek appointment. No person shall be appointed to
12the police or fire department if he or she does not possess a
13high school diploma or an equivalent high school education. A
14board of fire and police commissioners may, by its rules,
15require police applicants to have obtained an associate's
16degree or a bachelor's degree as a prerequisite for employment.
17The examinations shall include tests of physical
18qualifications and health. A board of fire and police
19commissioners may, by its rules, waive portions of the required
20examination for police applicants who have previously been
21full-time sworn officers of a regular police department in any
22municipal, county, university, or State law enforcement
23agency, provided they are certified by the Illinois Law
24Enforcement Training Standards Board and have been with their
25respective law enforcement agency within the State for at least
262 years. No person shall be appointed to the police or fire

 

 

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1department if he or she has suffered the amputation of any limb
2unless the applicant's duties will be only clerical or as a
3radio operator. No applicant shall be examined concerning his
4or her political or religious opinions or affiliations. The
5examinations shall be conducted by the board of fire and police
6commissioners of the municipality as provided in this Division
72.1.
8    The requirement that a police applicant possess an
9associate's degree under this subsection may be waived if one
10or more of the following applies: (1) the applicant has served
11for 24 months of honorable active duty in the United States
12Armed Forces and has not been discharged dishonorably or under
13circumstances other than honorable or (2) the applicant has
14served for 180 days of active duty in the United States Armed
15Forces in combat duty recognized by the Department of Defense
16and has not been discharged dishonorably or under circumstances
17other than honorable.
18    The requirement that a police applicant possess a
19bachelor's degree under this subsection may be waived if one or
20more of the following applies: (1) the applicant has served for
2136 months of honorable active duty in the United States Armed
22Forces and has not been discharged dishonorably or under
23circumstances other than honorable or (2) the applicant has
24served for 180 days of active duty in the United States Armed
25Forces in combat duty recognized by the Department of Defense
26and has not been discharged dishonorably or under circumstances

 

 

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1other than honorable.
2    (i) No person who is classified by his local selective
3service draft board as a conscientious objector, or who has
4ever been so classified, may be appointed to the police
5department.
6    (j) No person shall be appointed to the police or fire
7department unless he or she is a person of good character and
8not an habitual drunkard, gambler, or a person who has been
9convicted of a felony or a crime involving moral turpitude. No
10person, however, shall be disqualified from appointment to the
11fire department because of his or her record of misdemeanor
12convictions except those under Sections 11-1.50, 11-6, 11-7,
1311-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
1412-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
1531-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
16subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
17subsections (1), (6) and (8) of Section 24-1 of the Criminal
18Code of 1961 or the Criminal Code of 2012, or arrest for any
19cause without conviction on that cause. Any such person who is
20in the department may be removed on charges brought and after a
21trial as provided in this Division 2.1.
22(Source: P.A. 96-472, eff. 8-14-09; 96-1551, eff. 7-1-11;
2397-1150, eff. 1-25-13.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".