HB3354 103RD GENERAL ASSEMBLY

LRB103 25580 AWJ 51929 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3354

Introduced 2/17/2023, by Rep. David Friess - Patrick Windhorst

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-6013

from Ch. 34, par. 3-6013

Amends the Counties Code. Provides that, in matters a sheriff deems essential to preventing or assisting with disasters or events of civil disorder, the sheriff may authorize plain clothes to be worn by auxiliary deputies as long as the auxiliary deputies are carrying proper identification while performing this function. Provides that auxiliary deputies may only carry firearms while in the performance of their assigned duties (rather than while in uniform and in the performance of their assigned duties).

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 3-6013 as follows:

(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)

Sec. 3-6013. Duties, training and compensation of auxiliary deputies. Auxiliary deputies shall not supplement members of the regular county police department or regular deputies in the performance of their assigned and normal duties, except as provided herein. Auxiliary deputies may be assigned and directed by the sheriff to perform the following duties in the county:

To aid or direct traffic within the county, to aid in control of natural or human made disasters, to aid in case of civil disorder as assigned and directed by the sheriff, provided, that in emergency cases which render it impractical for members of the regular county police department or regular deputies to perform their assigned and normal duties, the sheriff is hereby authorized to assign and direct auxiliary deputies to perform such regular and normal duties. Identification symbols worn by such auxiliary deputies shall be different and distinct from those used by members of the regular county police department or regular deputies. In matters the sheriff deems essential to preventing or assisting with disasters or events of civil disorder, the sheriff may authorize plain clothes to be worn by auxiliary deputies as long as the auxiliary deputies are carrying proper identification while performing this function. Such auxiliary deputies shall at all times during the performance of their duties be subject to the direction and control of the sheriff of the county. Such auxiliary deputies shall not carry firearms, except with the permission of the sheriff, and only while in uniform and in the performance of their assigned duties.

Auxiliary deputies, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures as shall be appropriate in the exercise of the powers conferred upon them under this Division, which training and course of study shall be determined and provided by the sheriff of each county utilizing auxiliary deputies, provided that, before being permitted to carry a firearm an auxiliary deputy must have the same course of training as required of peace officers in Section 2 of the Peace Officer and Probation Officer Firearm Training Act. The county authorities shall require that all auxiliary deputies be residents of the county served by them. Prior to the appointment of any auxiliary deputy his or her fingerprints shall be taken and no person shall be appointed as such auxiliary deputy if he or she has been convicted of a felony or other crime involving moral turpitude.

Auxiliary deputies may receive such compensation as is set by the County Board, with the advice and consent of the Sheriff, not to exceed the lowest hourly pay of a full-time sworn member of the regular county police or sheriff's department and not be paid a salary, except as provided in Section 3-6036, but may be reimbursed for actual expenses incurred in performing their assigned duty. The County Board must approve such actual expenses and arrange for payment.

Nothing in this Division shall preclude an auxiliary deputy from holding a simultaneous appointment as an auxiliary police officer pursuant to Section 3-6-5 of the Illinois Municipal Code.

(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)