Full Text of SB1684 94th General Assembly
SB1684ham001 94TH GENERAL ASSEMBLY
|
Rep. Jay C. Hoffman
Filed: 3/30/2006
|
|
09400SB1684ham001 |
|
LRB094 09287 RSP 57830 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1684
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1684 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The State Fire Marshal Act is amended by | 5 |
| changing Section 2 as follows:
| 6 |
| (20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
| 7 |
| Sec. 2. The Office shall have the following powers and | 8 |
| duties:
| 9 |
| 1. To exercise the rights, powers and duties which have | 10 |
| been vested
by law in the Department of State Police as the | 11 |
| successor of the
Department of Public Safety, State Fire | 12 |
| Marshal, inspectors, officers and employees of the State Fire | 13 |
| Marshal,
including arson investigation. Arson investigations | 14 |
| conducted by the State Fire Marshal's Office shall be conducted | 15 |
| by State Fire Marshal Special Agents, who shall be peace | 16 |
| officers as provided in the Peace Officer Fire Investigation | 17 |
| Act.
| 18 |
| 2. To keep a record, as may be required by law, of all | 19 |
| fires
occurring in the State, together with all facts, | 20 |
| statistics and
circumstances, including the origin of fires.
| 21 |
| 3. To exercise the rights, powers and duties which have | 22 |
| been vested
in the Department of State Police by the "Boiler | 23 |
| and Pressure Vessel
Safety Act", approved August 7, 1951, as | 24 |
| amended.
|
|
|
|
09400SB1684ham001 |
- 2 - |
LRB094 09287 RSP 57830 a |
|
| 1 |
| 4. To administer the Illinois Fire Protection Training Act.
| 2 |
| 5. To aid in the establishment and maintenance of the | 3 |
| training facilities
and programs of the Illinois Fire Service | 4 |
| Institute.
| 5 |
| 6. To disburse Federal grants for fire protection purposes | 6 |
| to units of
local government.
| 7 |
| 7. To pay to or in behalf of the City of Chicago for the | 8 |
| maintenance,
expenses, facilities and structures directly | 9 |
| incident to the Chicago Fire
Department training program. Such | 10 |
| payments may be made either as
reimbursements for expenditures | 11 |
| previously made by the City, or as payments at the time
the | 12 |
| City has incurred an obligation which is then due and payable | 13 |
| for such
expenditures. Payments for the Chicago Fire Department | 14 |
| training program
shall be made only for those expenditures | 15 |
| which are not claimable by the
City under "An Act relating to | 16 |
| fire protection training", certified November
9, 1971, as | 17 |
| amended.
| 18 |
| 8. To administer General Revenue Fund grants to areas not | 19 |
| located in a
fire protection district or in a municipality | 20 |
| which provides fire
protection services, to defray
the | 21 |
| organizational expenses of forming a fire protection district.
| 22 |
| 9. In cooperation with the Illinois Environmental | 23 |
| Protection Agency,
to administer the Illinois Leaking | 24 |
| Underground Storage Tank program in
accordance with Section 4 | 25 |
| of this Act and Section 22.12 of the
Environmental Protection | 26 |
| Act.
| 27 |
| 10. To expend state and federal funds as appropriated by | 28 |
| the General Assembly.
| 29 |
| 11. To provide technical assistance, to areas not located | 30 |
| in a fire
protection district or in a municipality which | 31 |
| provides fire protection
service, to form a fire protection | 32 |
| district, to join an existing district,
or to establish a | 33 |
| municipal fire department, whichever is applicable.
| 34 |
| 12. To exercise such other powers and duties as may be
|
|
|
|
09400SB1684ham001 |
- 3 - |
LRB094 09287 RSP 57830 a |
|
| 1 |
| vested in the Office by law.
| 2 |
| (Source: P.A. 94-178, eff. 1-1-06.)
| 3 |
| Section 10. The Peace Officer Fire Investigation Act is | 4 |
| amended by changing Section 1 as follows:
| 5 |
| (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| 6 |
| Sec. 1. Peace Officer Status.
| 7 |
| (a) Any person who is a sworn member of any
organized and | 8 |
| paid fire department of a political subdivision of this State
| 9 |
| and is authorized to investigate fires or explosions for such | 10 |
| political
subdivision and , or who is employed by the Office of | 11 |
| the State Fire Marshal
to determine the cause, origin and | 12 |
| circumstances of such fires or explosions
that are suspected to | 13 |
| be arson or arson-related crimes, may be classified
as a peace | 14 |
| officer by the political subdivision or agency employing such
| 15 |
| person. A person so classified shall possess the same powers of | 16 |
| arrest,
search and seizure and the securing and service of | 17 |
| warrants as sheriffs
of counties, and police officers within | 18 |
| the jurisdiction of their political
subdivision. While in the | 19 |
| actual investigation and matters incident thereto,
such person | 20 |
| may carry weapons as may be necessary, but only if that person | 21 |
| has
satisfactorily completed (1) a training program offered or | 22 |
| approved by the
Illinois Law Enforcement Training Standards | 23 |
| Board which substantially conforms
to standards promulgated | 24 |
| pursuant to the Illinois Police Training Act and the Peace | 25 |
| Officer Firearm Training Act
"An
Act in relation to firearms | 26 |
| training for peace officers", approved August 29,
1975, as | 27 |
| amended; or in the case of employees of the Office of the State | 28 |
| Fire
Marshal, a training course approved by the Department of | 29 |
| State Police which
also substantially conforms to standards | 30 |
| promulgated pursuant to "An Act in
relation to firearms | 31 |
| training for peace officers", approved August 29, 1975, as
| 32 |
| amended ; and (2) a course in fire and arson investigation |
|
|
|
09400SB1684ham001 |
- 4 - |
LRB094 09287 RSP 57830 a |
|
| 1 |
| approved by the
Office of the State Fire Marshal pursuant to | 2 |
| the Illinois Fire Protection
Training Act. Such training need | 3 |
| not include exposure to vehicle and traffic
law, traffic | 4 |
| control and accident investigation, or first aid, but shall
| 5 |
| include training in the law relating to the rights of persons | 6 |
| suspected of
involvement in criminal activities.
| 7 |
| Any person granted the powers enumerated in this subsection | 8 |
| (a)
Section may exercise such
powers only during the actual | 9 |
| investigation of the cause, origin and
circumstances of such | 10 |
| fires or explosions that are suspected to be arson or
| 11 |
| arson-related crimes.
| 12 |
| (b) Persons employed by the Office of the State Fire | 13 |
| Marshal to conduct arson investigations shall be designated | 14 |
| State Fire Marshal Special Agents and shall be peace officers | 15 |
| with all of the powers of peace officers in cities and sheriffs | 16 |
| in counties, except that they may exercise those powers | 17 |
| throughout the State. These Special Agents may exercise these | 18 |
| powers only during the actual investigation of the cause, | 19 |
| origin and
circumstances of such fires or explosions that are | 20 |
| suspected to be arson or
arson-related crimes and may carry | 21 |
| weapons at all times, but only if they have satisfactorily | 22 |
| completed (1) a training course approved by the Illinois Law | 23 |
| Enforcement Training Standards Board that substantially | 24 |
| conforms to the standards promulgated pursuant to the Peace | 25 |
| Officer Firearm Training Act and (2) a course in fire and arson | 26 |
| investigation approved by the
Office of the State Fire Marshal | 27 |
| pursuant to the Illinois Fire Protection
Training Act. Such | 28 |
| training need not include exposure to vehicle and traffic
law, | 29 |
| traffic control and accident investigation, or first aid, but | 30 |
| shall
include training in the law relating to the rights of | 31 |
| persons suspected of
involvement in criminal activities. | 32 |
| For purposes of this subsection (b), a "State Fire Marshal | 33 |
| Special Agent" does not include any fire investigator, fireman, | 34 |
| police officer, or other employee of the Federal government; |
|
|
|
09400SB1684ham001 |
- 5 - |
LRB094 09287 RSP 57830 a |
|
| 1 |
| any fire investigator, fireman, police officer, or other | 2 |
| employee of any unit of local government; or any fire | 3 |
| investigator, fireman, police officer, or other employee of the | 4 |
| State of Illinois other than an employee of the Office of the | 5 |
| State Fire Marshal assigned to investigate arson.
| 6 |
| The State Fire Marshal must authorize to each employee of | 7 |
| the Office
of the State Fire Marshal who is exercising the | 8 |
| powers of a peace officer a
distinct badge that, on its face, | 9 |
| (i) clearly states that the badge is
authorized by the Office | 10 |
| of the State Fire Marshal and (ii) contains a unique
| 11 |
| identifying number. No other badge shall be authorized by the | 12 |
| Office of the
State Fire Marshal, except that a badge, | 13 |
| different from the badge issued to
peace officers, may be | 14 |
| authorized by the Office of the State Fire Marshal for
the use | 15 |
| of fire prevention inspectors employed by that Office.
Nothing | 16 |
| in this subsection prohibits the State Fire Marshal from | 17 |
| issuing
shields or other distinctive identification to | 18 |
| employees not exercising the
powers of a peace officer if the | 19 |
| State Fire Marshal determines that a shield or
distinctive | 20 |
| identification is needed by the employee to carry out his or | 21 |
| her
responsibilities.
| 22 |
| (Source: P.A. 92-339, eff. 8-10-01; 93-423, eff. 8-5-03.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
|
|