Full Text of SB2243 94th General Assembly
SB2243sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2243
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| AMENDMENT NO. ______. Amend Senate Bill 2243 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Police Training Act is amended by | 5 |
| changing Section 2 as follows:
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| (50 ILCS 705/2) (from Ch. 85, par. 502)
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| Sec. 2. Definitions. As used in this Act, unless the | 8 |
| context otherwise
requires:
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| "Board" means the Illinois Law Enforcement Training | 10 |
| Standards Board.
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| "Local governmental agency" means any local governmental | 12 |
| unit or
municipal corporation in this State. It does not | 13 |
| include the State of
Illinois or any office, officer, | 14 |
| department, division, bureau, board,
commission, or agency of | 15 |
| the State, except that it does include a
State-controlled | 16 |
| university, college or public community college.
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| "Police training school" means any school located within | 18 |
| the State of
Illinois whether privately or publicly owned which | 19 |
| offers a course in
police or county corrections training and | 20 |
| has been approved by the Board.
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| "Probationary police officer" means a recruit law | 22 |
| enforcement officer
required to successfully complete initial | 23 |
| minimum basic training requirements
at a police training school | 24 |
| to be eligible for permanent full-time
employment as a local |
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| law enforcement officer.
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| "Probationary part-time police officer" means a recruit | 3 |
| part-time law
enforcement officer required to successfully | 4 |
| complete initial minimum part-time
training requirements to be | 5 |
| eligible for employment on a part-time basis as a
local law | 6 |
| enforcement officer.
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| "Permanent police officer" means a law enforcement officer | 8 |
| who has
completed his or her probationary period and is | 9 |
| permanently employed on a
full-time basis as a local law | 10 |
| enforcement officer by a participating local
governmental unit | 11 |
| or as a security officer or campus policeman permanently
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| employed by a participating State-controlled university, | 13 |
| college, or public
community college.
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| "Part-time police officer" means a law enforcement officer | 15 |
| who has
completed his or her probationary period and is | 16 |
| employed on a part-time basis
as a law enforcement officer by a | 17 |
| participating unit of local government or as
a campus policeman | 18 |
| by a participating State-controlled university, college, or
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| public community college.
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| "Law enforcement officer" means (i) any police officer of a | 21 |
| local governmental
agency who is primarily responsible for
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| prevention or detection of crime and the enforcement of the | 23 |
| criminal code,
traffic, or highway laws of this State or any | 24 |
| political subdivision
of this State or (ii) any member of a | 25 |
| police force appointed and maintained as provided in Section 2 | 26 |
| of the Railroad Police Act .
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| "Recruit" means any full-time or part-time law
enforcement | 28 |
| officer or
full-time
county corrections officer who is enrolled | 29 |
| in an
approved training course.
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| "Probationary county corrections officer" means a recruit | 31 |
| county
corrections officer required to successfully complete | 32 |
| initial minimum basic
training requirements at a police | 33 |
| training school to be eligible for permanent
employment on a | 34 |
| full-time basis as a county corrections officer.
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| "Permanent county corrections officer" means a county | 2 |
| corrections
officer who has completed his probationary period | 3 |
| and is permanently employed
on a full-time basis as a county | 4 |
| corrections officer by a participating
local governmental | 5 |
| unit.
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| "County corrections officer" means any sworn
officer of the | 7 |
| sheriff who is primarily responsible for the control and | 8 |
| custody
of offenders, detainees or inmates.
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| "Probationary court security officer" means a recruit | 10 |
| court security
officer required to successfully complete | 11 |
| initial minimum basic training
requirements at a designated | 12 |
| training school to be eligible for employment as a
court | 13 |
| security officer.
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| "Permanent court security officer" means a court security | 15 |
| officer who has
completed his or her probationary period and is | 16 |
| employed as a court
security officer by a participating local | 17 |
| governmental unit.
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| "Court security officer" has the meaning ascribed to it in | 19 |
| Section 3-6012.1
of the Counties Code.
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| (Source: P.A. 90-271, eff. 7-30-97; 91-357, eff. 7-29-99.)
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| Section 10. The Railroad Police Act is amended by changing | 22 |
| Section 2 as follows:
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| (610 ILCS 80/2) (from Ch. 114, par. 98)
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| Sec. 2. Conductors of all railroad trains, and the captain | 25 |
| or master of any
boat carrying passengers within the | 26 |
| jurisdiction of this state, is vested
with police powers while | 27 |
| on duty on their respective trains and boats, and
may wear an | 28 |
| appropriate badge indicative of such authority.
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| In the policing of its properties any registered rail | 30 |
| carrier, as defined in Section 18c-7201 of the Illinois Vehicle | 31 |
| Code,
railroad may provide for the
appointment and maintenance | 32 |
| of such police force as it may find necessary
and practicable |
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| to aid and supplement the police forces of any municipality
in | 2 |
| the protection of its property and the protection of the | 3 |
| persons and
property of its passengers and employees, or | 4 |
| otherwise in furtherance of
the purposes for which such | 5 |
| railroad was organized. While engaged in the
conduct of their | 6 |
| employment, the members of such railroad police force have
and | 7 |
| may exercise like police powers as those conferred upon any | 8 |
| peace officer employed by a law enforcement agency of this | 9 |
| State
the police of
cities .
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| (Source: Laws 1968, p. 198.)
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| Section 15. The Criminal Code of 1961 is amended by | 12 |
| changing Section 2-13 as follows:
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| (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
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| Sec. 2-13. "Peace officer". "Peace officer" means (i) any | 15 |
| person who by
virtue of his office or public
employment is | 16 |
| vested by law with a duty to maintain public order or to make
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| arrests for offenses, whether that duty extends to all offenses | 18 |
| or is
limited to specific offenses , or (ii) any person who, by | 19 |
| statute, is granted and authorized to exercise powers similar | 20 |
| to those conferred upon any peace officer employed by a law | 21 |
| enforcement agency of this State .
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| For purposes of Sections concerning unlawful use of | 23 |
| weapons,
for the purposes of assisting an Illinois peace | 24 |
| officer in an arrest, or when
the commission of a felony under | 25 |
| Illinois law is directly observed by the
person, then officers, | 26 |
| agents or employees of the federal government
commissioned by
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| federal statute to make arrests for violations of federal | 28 |
| criminal laws
shall be considered "peace officers" under this | 29 |
| Code, including, but not
limited to all criminal investigators | 30 |
| of:
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| (1) The United States Department of Justice, The Federal | 32 |
| Bureau of
Investigation, The Drug Enforcement Agency and The |
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| Department of
Immigration and Naturalization;
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| (2) The United States Department of the Treasury, The | 3 |
| Secret Service,
The Bureau of Alcohol, Tobacco and Firearms and | 4 |
| The Customs Service;
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| (3) The United States Internal Revenue Service;
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| (4) The United States General Services Administration;
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| (5) The United States Postal Service; and
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| (6) all United States Marshals
Marshalls or Deputy United | 9 |
| States Marshals
Marshalls whose
duties involve the enforcement | 10 |
| of federal criminal laws.
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| (Source: P.A. 88-677, eff. 12-15-94; revised 10-13-05.)
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| Section 20. The Code of Criminal Procedure of 1963 is | 13 |
| amended by changing Section 107-4 as follows:
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| (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
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| Sec. 107-4. Arrest by peace officer from other | 16 |
| jurisdiction.
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| (a) As used in this Section:
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| (1) "State" means any State of the United States and | 19 |
| the District of
Columbia.
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| (2) "Peace Officer" means any peace officer or member | 21 |
| of any duly
organized State, County, or Municipal peace | 22 |
| unit , any
or police force of another
State , or any police | 23 |
| force whose members, by statute, are granted and authorized | 24 |
| to exercise powers similar to those conferred upon any | 25 |
| peace officer employed by a law enforcement agency of this | 26 |
| State .
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| (3) "Fresh pursuit" means the immediate pursuit of a | 28 |
| person who is
endeavoring to avoid arrest.
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| (4) "Law enforcement agency" means a municipal police | 30 |
| department or
county
sheriff's office of this State.
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| (a-3) Any peace officer employed by a law enforcement | 32 |
| agency of this State
may conduct temporary questioning pursuant |
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| to Section 107-14 of this Code and
may make arrests in any | 2 |
| jurisdiction within this State if: (1) the officer is
engaged | 3 |
| in the investigation of an offense that occurred in the | 4 |
| officer's
primary jurisdiction and the temporary questioning | 5 |
| is conducted or the arrest
is made pursuant to that | 6 |
| investigation; or (2) the officer, while on duty as a
peace | 7 |
| officer, becomes personally aware of the immediate commission | 8 |
| of a felony
or misdemeanor violation of the laws of this State; | 9 |
| or (3)
the officer, while on duty as a peace officer, is | 10 |
| requested by an
appropriate State or local law enforcement | 11 |
| official to render aid or
assistance to the requesting law | 12 |
| enforcement agency that is outside the
officer's primary | 13 |
| jurisdiction. While acting pursuant to this subsection, an
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| officer has the same authority as within his or her
own | 15 |
| jurisdiction.
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| (a-7) The law enforcement agency of the county or | 17 |
| municipality in which any
arrest is made under this Section | 18 |
| shall be immediately notified of the
arrest.
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| (b) Any peace officer of another State who enters this | 20 |
| State in
fresh
pursuit and continues within this State in fresh | 21 |
| pursuit of a person in
order to arrest him on the ground that | 22 |
| he has committed an offense in the
other State has the same | 23 |
| authority to arrest and hold the person in custody
as peace | 24 |
| officers of this State have to arrest and hold a person in | 25 |
| custody
on the ground that he has committed an offense in this | 26 |
| State.
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| (c) If an arrest is made in this State by a peace officer | 28 |
| of
another
State in accordance with the provisions of this | 29 |
| Section he shall without
unnecessary delay take the person | 30 |
| arrested before the circuit court of the
county in which the | 31 |
| arrest was made. Such court shall conduct a hearing for
the | 32 |
| purpose of determining the lawfulness of the arrest. If the | 33 |
| court
determines that the arrest was lawful it shall commit the | 34 |
| person arrested,
to await for a reasonable time the issuance of |
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| an extradition warrant by
the Governor of this State, or admit | 2 |
| him to bail for such purpose. If the
court determines that the | 3 |
| arrest was unlawful it shall discharge the person
arrested.
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| (Source: P.A. 93-232, eff. 1-1-04.)".
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