Full Text of SB2680 94th General Assembly
SB2680eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning law enforcement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Peace Officer Firearm Training Act is | 5 |
| amended by changing Section 2 as follows:
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| (50 ILCS 710/2) (from Ch. 85, par. 516)
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| Sec. 2. Training course for peace officers.
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| (a) Successful completion of a 40 hour course of training | 9 |
| in use of a
suitable type firearm shall be a condition | 10 |
| precedent to the possession and use
of that respective firearm | 11 |
| by any peace officer in this State in connection
with the | 12 |
| officer's official duties. The training must be approved by the
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| Illinois Law Enforcement Training Standards Board ("the
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| Board") and may be given in logical segments but must be | 15 |
| completed within 6
months from the date of the officer's | 16 |
| initial employment. To satisfy the
requirements of this Act, | 17 |
| the training must include the following:
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| (1) Instruction in the dangers of misuse of the | 19 |
| firearm, safety
rules, and care and cleaning of the | 20 |
| firearm.
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| (2) Practice firing on a range and qualification with | 22 |
| the firearm in
accordance with the standards established by | 23 |
| the Board.
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| (3) Instruction in the legal use of firearms under the | 25 |
| Criminal Code of
1961 and relevant court decisions.
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| (4) A forceful presentation of the ethical and moral | 27 |
| considerations
assumed by any person who uses a firearm.
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| (b) Any officer who successfully completes the Basic | 29 |
| Training Course
prescribed for recruits by the Board shall be | 30 |
| presumed to have satisfied
the requirements of this Act.
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| (c) The Board shall cause the training courses to be | 32 |
| conducted twice each
year within each of the Mobile Team |
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| Regions, but no training course need be
held when there are no | 2 |
| police officers requiring the training.
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| (d) (Blank).
This Act shall not apply to auxiliary | 4 |
| policemen authorized by Section
3.1-30-20 of the Illinois | 5 |
| Municipal Code, except that the training course
provided for in | 6 |
| that Section shall contain a presentation of the ethical,
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| moral, and legal considerations to be taken into account by any | 8 |
| person who uses
a firearm.
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| (e) The Board may waive, or may conditionally waive, the 40 | 10 |
| hour course of
training if, in the Board's opinion, the officer | 11 |
| has previously successfully
completed a
course of similar | 12 |
| content and duration. In cases of waiver, the officer shall
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| demonstrate
his or her knowledge and proficiency by passing the | 14 |
| written examination on
firearms and
by successfully passing the | 15 |
| range qualification portion of the prescribed
course
of | 16 |
| training.
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| (Source: P.A. 90-646, eff. 7-24-98.)
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| Section 10. The Counties Code is amended by changing | 19 |
| Section 3-6013 as follows:
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| (55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
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| Sec. 3-6013. Duties, training and compensation of | 22 |
| auxiliary deputies. Auxiliary deputies shall not supplement | 23 |
| members of the regular county
police department or regular | 24 |
| deputies in the performance of their assigned
and normal | 25 |
| duties, except as provided herein. Auxiliary deputies may be
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| assigned and directed by the sheriff to perform the following | 27 |
| duties in
the county:
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| To aid or direct traffic within the county, to aid in | 29 |
| control of natural
or human made disasters, to aid in case of | 30 |
| civil disorder as assigned and
directed by the sheriff, | 31 |
| provided, that in emergency cases which render it
impractical | 32 |
| for members of the regular county police department or regular
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| deputies to perform their assigned and normal duties, the | 34 |
| sheriff is hereby
authorized to assign and direct auxiliary |
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| deputies to perform such regular
and normal duties. | 2 |
| Identification symbols worn by such auxiliary deputies
shall be | 3 |
| different and distinct from those used by members of the | 4 |
| regular
county police department or regular deputies. Such | 5 |
| auxiliary deputies
shall at all times during the performance of | 6 |
| their duties be subject to the
direction and control of the | 7 |
| sheriff of the county. Such auxiliary deputies
shall not carry | 8 |
| firearms, except with the permission of the sheriff, and
only | 9 |
| while in uniform and in the performance of their assigned | 10 |
| duties.
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| Auxiliary deputies, prior to entering upon any of their | 12 |
| duties, shall
receive a course of training in the use of | 13 |
| weapons and other police
procedures as shall be appropriate in | 14 |
| the exercise of the powers
conferred upon them under this | 15 |
| Division, which training and
course of study shall be | 16 |
| determined and provided by the sheriff of each
county utilizing | 17 |
| auxiliary deputies, provided that, before being
permitted to | 18 |
| carry a firearm an auxiliary deputy must have the same
course | 19 |
| of training as required of peace officers in Section 2 of the
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| Peace Officer Firearm Training Act. The county authorities | 21 |
| shall require
that all auxiliary deputies be residents of the | 22 |
| county served by them.
Prior to the appointment of any | 23 |
| auxiliary deputy his or her fingerprints
shall be taken and no | 24 |
| person shall be appointed as such auxiliary deputy if
he or she | 25 |
| has been convicted of a felony or other crime involving moral
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| turpitude.
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| Auxiliary deputies may not be paid a salary, except as | 28 |
| provided in
Section 3-6036, but may be reimbursed for actual | 29 |
| expenses incurred in
performing their assigned duty. The County | 30 |
| Board must approve such actual
expenses and arrange for | 31 |
| payment.
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| Nothing in this Division shall preclude an auxiliary deputy | 33 |
| from holding
a simultaneous appointment as an auxiliary police | 34 |
| officer
policeman pursuant to Section
3-6-5 of the Illinois | 35 |
| Municipal Code.
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| (Source: P.A. 86-972; 86-1475; 87-895.)
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| Section 15. The Township Code is amended by changing | 2 |
| Section 100-10 as follows:
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| (60 ILCS 1/100-10)
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| Sec. 100-10. Township enforcement officer.
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| (a) The township board may appoint a township enforcement | 6 |
| officer to serve
for a term of one year and may remove the | 7 |
| officer for cause. Every person
appointed to the office of | 8 |
| township enforcement officer, before entering on the
duties of | 9 |
| the office and within 10 days after being notified of the
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| appointment, shall cause to be filed in the office of the | 11 |
| township clerk a
notice signifying his or her acceptance of the | 12 |
| office. A neglect to cause the
notice to be filed shall be | 13 |
| deemed a refusal to serve.
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| (b) The sheriff of the county in which the township is | 15 |
| situated may
disapprove the appointment within 30 days after | 16 |
| the notice is filed. The
disapproval precludes that person from | 17 |
| serving as the township enforcement
officer, and the township | 18 |
| board may appoint another person
to that position
subject to | 19 |
| approval by the sheriff.
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| (c) Every person appointed to the office of township | 21 |
| enforcement officer,
before entering upon the duties of the | 22 |
| office, shall execute, with sufficient
sureties to be approved | 23 |
| by the supervisor or clerk of the township, an
instrument in | 24 |
| writing by which the township enforcement officer and his or | 25 |
| her
sureties shall jointly and severally agree to pay to each | 26 |
| and every person who
may be entitled thereto all sums of money | 27 |
| as the township enforcement officer
may become liable to pay on | 28 |
| account of any neglect or default of the township
enforcement | 29 |
| officer or on account of any misfeasance of the township
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| enforcement officer in the discharge of, or failure to | 31 |
| faithfully perform, any
of the duties of the office.
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| (d) The township enforcement officer shall have the same | 33 |
| power and authority
within the township as a deputy sheriff but | 34 |
| only for the purpose of enforcing
township ordinances. The |
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| township enforcement officer shall not carry firearms
and will | 2 |
| not be required to comply with the Peace Officer Firearm | 3 |
| Training Act.
The officer shall attend law enforcement training | 4 |
| classes conducted by the
Illinois Law Enforcement Training | 5 |
| Standards Board. The township board
shall appropriate all | 6 |
| necessary monies for the training.
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| (d-5) (1) Except as provided in paragraph (2) of this | 8 |
| subsection, in all
actions for the violation of any township | 9 |
| ordinance, the township enforcement
officer shall be | 10 |
| authorized to issue and to serve upon any person who the
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| township enforcement officer has reasonable grounds to believe | 12 |
| is guilty of a
violation of a township ordinance a notice of | 13 |
| violation that shall constitute
a summons and complaint. A copy | 14 |
| of such notice of violation shall be forwarded
to the circuit | 15 |
| court having jurisdiction over the township where the violation
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| is alleged to have been committed. Every person who has been | 17 |
| issued a summons
shall appear for trial, and the action shall | 18 |
| be prosecuted in the corporate
name of the township.
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| (2) In all actions for violation of any township ordinance | 20 |
| when the fine
would not be in excess of $500 and no jail term | 21 |
| could be imposed, service of
summons may be made by the | 22 |
| township clerk by certified mail, return receipt
requested, | 23 |
| whether service is to be within or without the State.
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| (e) The township enforcement officer shall carry an | 25 |
| identification document
provided by the township board | 26 |
| identifying him or her as the township
enforcement officer. The | 27 |
| officer shall notify the township clerk of any
violations of | 28 |
| township ordinances.
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| (f) Nothing in this Code precludes a county auxiliary | 30 |
| deputy or deputy
sheriff, or a municipal policeman or auxiliary | 31 |
| police officer
policeman from serving as a
township enforcement | 32 |
| officer during off-duty hours.
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| (g) The township board may provide compensation for the | 34 |
| township enforcement
officer on either a per diem or a salary | 35 |
| basis.
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| (h) (Blank).
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| (Source: P.A. 88-62; 88-586, eff. 8-12-94; 89-589, eff. | 2 |
| 1-1-97.)
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| Section 20. The Illinois Municipal Code is amended by | 4 |
| changing Sections 3.1-30-5, 3.1-30-20, 10-1-7, 10-2.1-4, | 5 |
| 10-2.1-6, and 10-3-1 as follows:
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| (65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
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| Sec. 3.1-30-5. Appointed officers in all municipalities.
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| (a) The mayor or president, as the case may be, by and with | 9 |
| the advice
and consent of the city council or the board
of | 10 |
| trustees, may appoint (1) a treasurer (if the treasurer is not | 11 |
| an
elected position in the municipality), (2) a collector, (3) | 12 |
| a
comptroller, (4) a marshal, (5) an attorney or a corporation | 13 |
| counsel, (6)
one or more purchasing agents and deputies, (7) | 14 |
| the number of auxiliary police officers
policemen determined | 15 |
| necessary by the corporate authorities, (8)
police matrons, (9) | 16 |
| a commissioner of public works, (10) a budget director
or a | 17 |
| budget officer, and (11) other officers
necessary to carry into | 18 |
| effect the powers conferred upon municipalities.
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| (b) By ordinance or resolution to take effect at the end of | 20 |
| the current
fiscal year, the corporate authorities, by a | 21 |
| two-thirds vote, may discontinue
any appointed office and | 22 |
| devolve the duties of that office on any other
municipal | 23 |
| officer. After discontinuance, no officer filling the office | 24 |
| before
its discontinuance shall have any claim against the | 25 |
| municipality for salary
alleged to accrue after the date of | 26 |
| discontinuance.
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| (c) Vacancies in all appointed municipal offices may be | 28 |
| filled in the same
manner as appointments are made under | 29 |
| subsection (a). The city council or board
of trustees of a | 30 |
| municipality, by ordinance not inconsistent with this Code,
may | 31 |
| prescribe the duties, define the powers, and fix the term of | 32 |
| office of all
appointed officers of the municipality; but the | 33 |
| term of office, except as
otherwise expressly provided in this | 34 |
| Code, shall not exceed that of the mayor
or president of the |
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| municipality.
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| (d) An appointed officer of a municipality may resign from | 3 |
| his or her
office. If an appointed officer resigns, he or she | 4 |
| shall continue in office
until a successor has been chosen and | 5 |
| has qualified. If there is a failure to
appoint a municipal | 6 |
| officer, or the person appointed fails to qualify, the
person | 7 |
| filling the office shall continue in office until a successor | 8 |
| has been
chosen and has qualified. If an appointed municipal | 9 |
| officer ceases to perform
the duties of or to hold the office | 10 |
| by reason of death, permanent physical or
mental disability, | 11 |
| conviction of a disqualifying crime, or dismissal from or
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| abandonment of office, the mayor or president of the | 13 |
| municipality may appoint a
temporary successor to the officer.
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| (Source: P.A. 87-1119; 88-537.)
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| (65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
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| Sec. 3.1-30-20. Auxiliary police officers
policemen .
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| (a) Auxiliary police officers
policemen shall
not be | 18 |
| members of the regular police department of the municipality.
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| Auxiliary police officers
policemen shall not supplement | 20 |
| members of the regular
police department of any municipality in | 21 |
| the performance of their
assigned and normal duties, except as | 22 |
| otherwise provided in this Code.
Auxiliary police officers
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| policemen shall only be assigned to perform the following
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| duties in a municipality:
(i) to aid or direct traffic within | 25 |
| the
municipality, (ii) to aid in control of natural or man made | 26 |
| disasters, and
(iii) to aid
in case of civil disorder as | 27 |
| directed by the chief of police.
When it is impractical for | 28 |
| members of the regular
police department to perform those | 29 |
| normal and regular police duties, however,
the
chief of police | 30 |
| of the regular police department may
assign auxiliary police | 31 |
| officers
policemen to perform those normal and regular police
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| duties. Identification symbols worn by auxiliary police | 33 |
| officers
policemen shall be
different and distinct from those | 34 |
| used by members of the regular police
department. Auxiliary | 35 |
| police officers
policemen shall at all times during the
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| performance of their duties be subject to the direction and | 2 |
| control of
the chief of police of the municipality. Auxiliary | 3 |
| police officers
policemen
shall not carry firearms, except with | 4 |
| the permission of the chief of
police and while in uniform and | 5 |
| in the performance of their duties.
Auxiliary policemen, when | 6 |
| on duty, shall also be conservators of the
peace and shall have | 7 |
| the powers specified in Section 3.1-15-25.
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| (b) Auxiliary police officers
policemen , before entering | 9 |
| upon any of their duties,
shall receive a course of training in | 10 |
| the use of weapons and other
police procedures appropriate for | 11 |
| the exercise of the powers
conferred upon them under this Code. | 12 |
| The training and course of study
shall be determined and | 13 |
| provided by the corporate authorities of each
municipality | 14 |
| employing auxiliary police officers
policemen . Before being | 15 |
| permitted to carry a firearm, however, an auxiliary police | 16 |
| officer must have the same course of training as required of | 17 |
| peace officers under Section 2 of the Peace Officer Firearm | 18 |
| Training Act. The municipal authorities may
require that all | 19 |
| auxiliary police officers
policemen be residents of the | 20 |
| municipality
served by them. Before the appointment of an | 21 |
| auxiliary police officer
policeman , the
person's fingerprints | 22 |
| shall be taken, and no person shall be appointed as an
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| auxiliary police officer
policeman if that person has been | 24 |
| convicted of a felony or other
crime
involving moral turpitude.
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| (c) The Line of Duty
Law Enforcement Officers, Civil | 26 |
| Defense Workers, Civil Air Patrol
Members, Paramedics and | 27 |
| Firemen Compensation Act
shall be applicable to auxiliary | 28 |
| police officers
policemen
upon their death in the line of duty | 29 |
| described in this Code.
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| (Source: P.A. 87-1119; revised 11-15-04.)
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| (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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| Sec. 10-1-7. Examination of applicants; disqualifications.
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| (a) All applicants for offices or places in the classified | 34 |
| service, except
those mentioned in Section 10-1-17, are subject | 35 |
| to examination. The
examination shall be public, competitive, |
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| and open to all citizens of the
United States, with specified | 2 |
| limitations as to residence, age, health, habits
and moral | 3 |
| character.
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| (b) Residency requirements in effect at the time an | 5 |
| individual enters the
fire or police service of a municipality | 6 |
| (other than a municipality that
has more than 1,000,000 | 7 |
| inhabitants) cannot be made more restrictive
for that | 8 |
| individual during his or her period of service for that | 9 |
| municipality,
or be made a condition of promotion, except for | 10 |
| the rank or position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions | 12 |
| except
those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 13 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 14 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, | 15 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and
(8) of Section | 16 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but
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| not convicted on that cause shall be disqualified from taking | 18 |
| the examination
on grounds of habits or moral character, unless | 19 |
| the person is attempting to
qualify for a position on the | 20 |
| police department, in which case the conviction
or arrest may | 21 |
| be considered as a factor in determining the person's habits or
| 22 |
| moral character.
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| (d) Persons entitled to military preference under Section | 24 |
| 10-1-16
shall not be subject to limitations specifying age | 25 |
| unless they are
applicants for a position as a fireman or a | 26 |
| policeman having no previous
employment status as a fireman or | 27 |
| policeman in the regularly constituted
fire or police | 28 |
| department of the municipality, in which case they must not
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| have attained their 35th birthday, except any person who has | 30 |
| served as an
auxiliary police officer
policeman under Section | 31 |
| 3.1-30-20 for at least 5 years and is
under 40 years of age.
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| (e) All employees of a municipality of less than 500,000 | 33 |
| population (except
those who would be excluded from the | 34 |
| classified service as provided in this
Division 1) who are | 35 |
| holding that employment as of the date a municipality
adopts | 36 |
| this Division 1, or as of July 17, 1959, whichever date is the |
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| later,
and who have held that employment for at least 2 years | 2 |
| immediately before that
later date, and all firemen and | 3 |
| policemen regardless of length of service who
were either | 4 |
| appointed to their respective positions by the board of fire | 5 |
| and
police commissioners under the provisions of Division 2 of | 6 |
| this Article or who
are serving in a position (except as a | 7 |
| temporary employee) in the fire or
police department in the | 8 |
| municipality on the date a municipality adopts
this Division 1, | 9 |
| or as of July 17, 1959, whichever date is the later, shall
| 10 |
| become members of the classified civil service of the | 11 |
| municipality
without examination.
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| (f) The examinations shall be practical in their character, | 13 |
| and shall
relate to those matters that will fairly test the | 14 |
| relative capacity of the
persons examined to discharge the | 15 |
| duties of the positions to which they
seek to be appointed. The | 16 |
| examinations shall include tests of physical
qualifications, | 17 |
| health, and (when appropriate) manual skill. If an applicant
is | 18 |
| unable to pass the physical examination solely as the result of | 19 |
| an injury
received by the applicant as the result of the | 20 |
| performance of an act of duty
while working as a temporary | 21 |
| employee in the position for which he or she is
being examined, | 22 |
| however, the physical examination shall be waived and the
| 23 |
| applicant shall be considered to have passed the examination. | 24 |
| No questions in
any examination shall relate to political or | 25 |
| religious opinions or
affiliations. Results of examinations | 26 |
| and the eligible registers prepared from
the results shall be | 27 |
| published by the commission within 60 days after any
| 28 |
| examinations are held.
| 29 |
| (g) The commission shall control all examinations, and may, | 30 |
| whenever an
examination is to take place, designate a suitable | 31 |
| number of persons,
either in or not in the official service of | 32 |
| the municipality, to be
examiners. The examiners shall conduct | 33 |
| the examinations as directed by the
commission and shall make a | 34 |
| return or report of the examinations to the
commission. If the | 35 |
| appointed examiners are in the official service of the
| 36 |
| municipality, the examiners shall not receive extra |
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| compensation for conducting
the examinations. The commission | 2 |
| may at any time substitute any other person,
whether or not in | 3 |
| the service of the municipality, in the place of any one
| 4 |
| selected as an examiner. The commission members may themselves | 5 |
| at any time act
as examiners without appointing examiners. The | 6 |
| examiners at any examination
shall not all be members of the | 7 |
| same political party.
| 8 |
| (h) In municipalities of 500,000 or more population, no | 9 |
| person who has
attained his or her 35th birthday shall be | 10 |
| eligible to take an examination for
a position as a fireman or | 11 |
| a policeman unless the person has had previous
employment | 12 |
| status as a policeman or fireman in the regularly constituted | 13 |
| police
or fire department of the municipality, except as | 14 |
| provided in this Section.
| 15 |
| (i) In municipalities of more than 5,000 but not more than | 16 |
| 200,000
inhabitants, no person who has attained his or her 35th | 17 |
| birthday shall be
eligible to take an examination for a | 18 |
| position as a fireman or a policeman
unless the person has had | 19 |
| previous employment status as a policeman or fireman
in the | 20 |
| regularly constituted police or fire department of the | 21 |
| municipality,
except as provided in this Section.
| 22 |
| (j) In all municipalities, applicants who are 20 years of | 23 |
| age and who have
successfully completed 2 years of law | 24 |
| enforcement studies at an accredited
college or university may | 25 |
| be considered for appointment to active duty with
the police | 26 |
| department. An applicant described in this subsection (j) who | 27 |
| is
appointed to active duty shall not have power of arrest, nor | 28 |
| shall the
applicant be permitted to carry firearms, until he or | 29 |
| she reaches 21 years of
age.
| 30 |
| (k) In municipalities of more than 500,000 population, | 31 |
| applications for
examination for and appointment to positions | 32 |
| as firefighters or police
shall be made available at various | 33 |
| branches of the public library of the
municipality.
| 34 |
| (l) No municipality having a population less than 1,000,000 | 35 |
| shall require
that any fireman appointed to the lowest rank | 36 |
| serve a probationary employment
period of longer than one year. |
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| The limitation on periods of probationary
employment provided | 2 |
| in this amendatory Act of 1989 is an exclusive power and
| 3 |
| function of the State. Pursuant to subsection (h) of Section 6 | 4 |
| of Article VII
of the Illinois Constitution, a home rule | 5 |
| municipality having a population less
than 1,000,000 must | 6 |
| comply with this limitation on periods of probationary
| 7 |
| employment, which is a denial and limitation of home rule | 8 |
| powers.
Notwithstanding anything to the contrary in this | 9 |
| Section, the probationary
employment period limitation may be | 10 |
| extended for a firefighter who is required, as a condition of | 11 |
| employment, to be a certified paramedic, during which time the | 12 |
| sole reason that a firefighter may be discharged without a | 13 |
| hearing is for failing to meet the requirements for paramedic | 14 |
| certification.
| 15 |
| (Source: P.A. 94-135, eff. 7-7-05.)
| 16 |
| (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 17 |
| Sec. 10-2.1-4. Fire and police departments; Appointment of
| 18 |
| members; Certificates of appointments.
| 19 |
| The board of fire and police commissioners shall appoint | 20 |
| all officers
and members of the fire and police departments of | 21 |
| the municipality,
including the chief of police and the chief | 22 |
| of the fire department,
unless the council or board of trustees | 23 |
| shall by ordinance as to them
otherwise provide; except as | 24 |
| otherwise provided in this Section, and
except that in any | 25 |
| municipality which adopts or has
adopted this Division 2.1 and | 26 |
| also adopts or has adopted Article 5 of
this Code, the chief of | 27 |
| police and the chief of the fire department
shall be appointed | 28 |
| by the municipal manager, if it is provided by
ordinance in | 29 |
| such municipality that such chiefs, or either of them,
shall | 30 |
| not be appointed by the board of fire and police commissioners.
| 31 |
| If the chief of the fire department or the chief of the | 32 |
| police department
or both of them are appointed in the manner | 33 |
| provided by ordinance, they
may be removed or discharged by the | 34 |
| appointing authority. In such case
the appointing authority | 35 |
| shall file with the corporate authorities the reasons
for such |
|
|
|
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|
| 1 |
| removal or discharge, which removal or discharge shall not | 2 |
| become
effective unless confirmed by a majority vote of the | 3 |
| corporate authorities.
| 4 |
| If a member of the department is appointed chief of police | 5 |
| or chief
of the fire department prior to being eligible to | 6 |
| retire on pension, he
shall be considered as on furlough from | 7 |
| the rank he held immediately
prior to his appointment as chief. | 8 |
| If he resigns as chief or is
discharged as chief prior to | 9 |
| attaining eligibility to retire on pension,
he shall revert to | 10 |
| and be established in whatever rank he currently holds,
except | 11 |
| for previously appointed positions, and thereafter
be entitled | 12 |
| to all the benefits and emoluments of that rank,
without regard | 13 |
| as to whether a vacancy then exists in that rank.
| 14 |
| All appointments to each department other than that of the | 15 |
| lowest
rank, however, shall be from the rank next below that to | 16 |
| which the
appointment is made except as otherwise provided in | 17 |
| this Section, and
except that the chief of police and the chief | 18 |
| of the
fire department may be appointed from among members of | 19 |
| the police and
fire departments, respectively, regardless of | 20 |
| rank, unless the council
or board of trustees shall have by | 21 |
| ordinance as to them otherwise provided.
A chief of police or | 22 |
| the chief of the fire department, having been appointed
from | 23 |
| among members
of the police or fire department, respectively, | 24 |
| shall be permitted, regardless
of rank, to
take promotional
| 25 |
| exams and be promoted to a higher classified rank than he | 26 |
| currently holds,
without having to
resign as chief of police or | 27 |
| chief of the fire department.
| 28 |
| The sole authority to issue certificates of appointment | 29 |
| shall be
vested in the Board of Fire and Police Commissioners | 30 |
| and all
certificates of appointments issued to any officer or | 31 |
| member of the fire
or police department of a municipality shall | 32 |
| be signed by the chairman
and secretary respectively of the | 33 |
| board of fire and police commissioners
of such municipality, | 34 |
| upon appointment of such officer or member of the
fire and | 35 |
| police department of such municipality by action of the board
| 36 |
| of fire and police commissioners.
|
|
|
|
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|
| 1 |
| The term "policemen" as used in this Division does not | 2 |
| include
auxiliary police officers
policemen except as provided | 3 |
| for in Section 10-2.1-6.
| 4 |
| Any full time member of a regular fire or police department | 5 |
| of any
municipality which comes under the provisions of this | 6 |
| Division or adopts
this Division 2.1 or which has adopted any | 7 |
| of the prior Acts pertaining to
fire and police commissioners, | 8 |
| is a city officer.
| 9 |
| Notwithstanding any other provision of this Section, the | 10 |
| Chief of
Police of a department in a non-homerule municipality | 11 |
| of more than 130,000
inhabitants may, without the advice or | 12 |
| consent of the Board of
Fire and Police Commissioners, appoint | 13 |
| up to 6 officers who shall be known
as deputy chiefs or | 14 |
| assistant deputy chiefs, and whose rank shall be
immediately | 15 |
| below that of Chief. The deputy or assistant deputy chiefs may
| 16 |
| be appointed from any rank of sworn officers of that | 17 |
| municipality, but no
person who is not such a sworn officer may | 18 |
| be so appointed. Such deputy
chief or assistant deputy chief | 19 |
| shall have the authority to direct and
issue orders to all | 20 |
| employees of the Department holding the rank of captain
or any | 21 |
| lower rank.
A deputy chief of police or assistant deputy chief | 22 |
| of police, having been
appointed from any rank
of sworn | 23 |
| officers of that municipality, shall be permitted, regardless | 24 |
| of rank,
to take promotional
exams and be promoted to a higher | 25 |
| classified rank than he currently holds,
without having to
| 26 |
| resign as deputy chief of police or assistant deputy chief of | 27 |
| police.
| 28 |
| Notwithstanding any other provision of this Section, a | 29 |
| non-homerule
municipality of 130,000 or fewer inhabitants, | 30 |
| through its council or board
of trustees, may, by ordinance, | 31 |
| provide for a position of deputy chief to be
appointed by the | 32 |
| chief of the police department. The ordinance shall provide
for | 33 |
| no more than one deputy chief position if the police department | 34 |
| has fewer
than 25 full-time police officers and for no more | 35 |
| than 2 deputy chief positions
if the police department has 25 | 36 |
| or more full-time police officers. The deputy
chief position
|
|
|
|
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|
| 1 |
| shall be an exempt rank immediately below that of Chief. The | 2 |
| deputy chief may
be appointed from any rank of sworn, full-time | 3 |
| officers of the municipality's
police department, but must have | 4 |
| at least 5 years of full-time service as a
police officer in | 5 |
| that department. A deputy chief shall serve at the
discretion | 6 |
| of the Chief and, if removed from the position,
shall revert to | 7 |
| the rank currently held, without regard as to whether a
vacancy | 8 |
| exists in
that rank. A deputy chief
of police, having been | 9 |
| appointed from any rank of sworn full-time officers of
that | 10 |
| municipality's
police department, shall be permitted, | 11 |
| regardless of rank, to take promotional
exams and be
promoted | 12 |
| to a higher classified rank than he currently holds, without | 13 |
| having to
resign as deputy
chief of police.
| 14 |
| No municipality having a population less than 1,000,000 | 15 |
| shall require
that any firefighter appointed to the lowest
rank | 16 |
| serve a probationary employment period of longer than one year. | 17 |
| The
limitation on periods of probationary employment provided | 18 |
| in this
amendatory Act of 1989 is an exclusive power and | 19 |
| function of the State.
Pursuant to subsection (h) of Section 6 | 20 |
| of Article VII of the Illinois
Constitution, a home rule | 21 |
| municipality having a population less than 1,000,000
must | 22 |
| comply with this limitation on periods of probationary | 23 |
| employment, which
is a denial and limitation of home rule | 24 |
| powers. Notwithstanding anything to
the contrary in this | 25 |
| Section, the probationary employment period limitation
may be | 26 |
| extended for a firefighter who is required, as a condition of | 27 |
| employment, to be a certified paramedic, during which time the | 28 |
| sole reason that a firefighter may be discharged without a | 29 |
| hearing is for failing to meet the requirements for paramedic | 30 |
| certification.
| 31 |
| (Source: P.A. 93-486, eff. 8-8-03; 94-135, eff. 7-7-05.)
| 32 |
| (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| 33 |
| Sec. 10-2.1-6. Examination of applicants; | 34 |
| disqualifications.
| 35 |
| (a) All applicants for a position in either the fire or |
|
|
|
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|
| 1 |
| police department
of the municipality shall be under 35 years | 2 |
| of age, shall be subject to an
examination that shall be | 3 |
| public, competitive, and open to all applicants
(unless the | 4 |
| council or board of trustees by ordinance limit applicants to
| 5 |
| electors of the municipality, county, state or nation) and | 6 |
| shall be subject to
reasonable limitations as to residence, | 7 |
| health, habits, and moral character.
The municipality may not | 8 |
| charge or collect any fee from an applicant who has
met all | 9 |
| prequalification standards established by the municipality for | 10 |
| any such
position.
| 11 |
| (b) Residency requirements in effect at the time an | 12 |
| individual enters the
fire or police service of a municipality | 13 |
| (other than a municipality that
has more than 1,000,000 | 14 |
| inhabitants) cannot be made more restrictive for
that | 15 |
| individual during his period of service for that municipality, | 16 |
| or be
made a condition of promotion, except for the rank or | 17 |
| position of Fire or
Police Chief.
| 18 |
| (c) No person with a record of misdemeanor convictions | 19 |
| except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 20 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 21 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | 22 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | 23 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but | 24 |
| not
convicted on that cause shall be disqualified from taking | 25 |
| the examination to
qualify for a position in the fire | 26 |
| department on grounds of habits or moral
character.
| 27 |
| (d) The age limitation in subsection (a) does not apply (i) | 28 |
| to any person
previously employed as a policeman or fireman in | 29 |
| a regularly constituted police
or fire department of (I) any | 30 |
| municipality or (II) a fire protection district
whose | 31 |
| obligations were assumed by a municipality under Section 21 of | 32 |
| the Fire
Protection District Act, (ii) to any person who has | 33 |
| served a municipality as a
regularly enrolled volunteer fireman | 34 |
| for 5 years immediately preceding the time
that municipality | 35 |
| begins to use full time firemen to provide all or part of its
| 36 |
| fire protection service, or (iii) to any person who has served |
|
|
|
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|
| 1 |
| as an auxiliary police officer
policeman under Section | 2 |
| 3.1-30-20 for at least 5 years and is under 40 years of
age, | 3 |
| (iv) to any person who has served as a deputy under Section | 4 |
| 3-6008 of
the Counties Code and otherwise meets necessary | 5 |
| training requirements, or (v) to any person who has served as a | 6 |
| sworn officer as a member of the Illinois Department of State | 7 |
| Police.
| 8 |
| (e) Applicants who are 20 years of age and who have | 9 |
| successfully completed 2
years of law enforcement studies at an | 10 |
| accredited college or university may be
considered for | 11 |
| appointment to active duty with the police department. An
| 12 |
| applicant described in this subsection (e) who is appointed to | 13 |
| active duty
shall not have power of arrest, nor shall the | 14 |
| applicant be permitted to carry
firearms, until he or she | 15 |
| reaches 21 years of age.
| 16 |
| (f) Applicants who are 18 years of age and who have | 17 |
| successfully
completed 2 years of study in fire techniques, | 18 |
| amounting to a total of 4
high school credits, within the cadet | 19 |
| program of a municipality may be
considered for appointment to | 20 |
| active duty with the fire department of any
municipality.
| 21 |
| (g) The council or board of trustees may by ordinance | 22 |
| provide
that persons residing outside the municipality are | 23 |
| eligible to take the
examination.
| 24 |
| (h) The examinations shall be practical in character and | 25 |
| relate to
those matters that will fairly test the capacity of | 26 |
| the persons examined
to discharge the duties of the positions | 27 |
| to which they seek appointment. No
person shall be appointed to | 28 |
| the police or fire department if he or she does
not possess a | 29 |
| high school diploma or an equivalent high school education.
A | 30 |
| board of fire and police commissioners may, by its rules, | 31 |
| require police
applicants to have obtained an associate's | 32 |
| degree or a bachelor's degree as a
prerequisite for employment. | 33 |
| The
examinations shall include tests of physical | 34 |
| qualifications and health. No
person shall be appointed to the | 35 |
| police or fire department if he or she has
suffered the | 36 |
| amputation of any limb unless the applicant's duties will be |
|
|
|
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LRB094 18997 BDD 54480 b |
|
| 1 |
| only
clerical or as a radio operator. No applicant shall be | 2 |
| examined concerning his
or her political or religious opinions | 3 |
| or affiliations. The examinations shall
be conducted by the | 4 |
| board of fire and police commissioners of the municipality
as | 5 |
| provided in this Division 2.1.
| 6 |
| (i) No person who is classified by his local selective | 7 |
| service draft board
as a conscientious objector, or who has | 8 |
| ever been so classified, may be
appointed to the police | 9 |
| department.
| 10 |
| (j) No person shall be appointed to the police or fire | 11 |
| department unless he
or she is a person of good character and | 12 |
| not an habitual drunkard, gambler, or
a person who has been | 13 |
| convicted of a felony or a crime involving moral
turpitude. No | 14 |
| person, however, shall be disqualified from appointment to the
| 15 |
| fire department because of his or her record of misdemeanor | 16 |
| convictions except
those under Sections 11-6, 11-7, 11-9, | 17 |
| 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | 18 |
| 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | 19 |
| 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | 20 |
| of Section
24-1 of the Criminal Code of 1961 or arrest for any | 21 |
| cause without conviction on
that cause. Any such person who is | 22 |
| in the department may be removed on charges
brought and after a | 23 |
| trial as provided in this Division 2.1.
| 24 |
| (Source: P.A. 94-29, eff. 6-14-05.)
| 25 |
| (65 ILCS 5/10-3-1) (from Ch. 24, par. 10-3-1)
| 26 |
| Sec. 10-3-1. The salary to be paid to a policeman in any | 27 |
| municipality with
5,000 or more inhabitants but with less than | 28 |
| 25,000 inhabitants, shall be
not less than $500 per month. The | 29 |
| salary to be paid to a policeman in any
municipality with | 30 |
| 25,000 or more inhabitants but with less than 50,000
| 31 |
| inhabitants shall be not less than $550 per month. The salary | 32 |
| to be paid to
a policeman in any municipality with 50,000 or | 33 |
| more inhabitants but with
less than 250,000 inhabitants shall | 34 |
| be not less than $600 per month.
| 35 |
| In this Section 10-3-1 "policeman" means any member of a |
|
|
|
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LRB094 18997 BDD 54480 b |
|
| 1 |
| regularly
constituted police department of a municipality, | 2 |
| sworn and commissioned to
perform police duties, and includes | 3 |
| the chief of police, assistant chief of
police, chief of | 4 |
| detectives, captains, lieutenants, sergeants, plain
clothes | 5 |
| men and patrolmen. The term "policeman" as used in this Section
| 6 |
| 10-3-1 does not include any of the following persons: Part time | 7 |
| policemen,
special policemen, auxiliary police officers
| 8 |
| policemen , policemen serving initial
probationary periods, | 9 |
| night watchmen, temporary employees, clerks or other
civilian | 10 |
| employees of a police department, traffic guards, civilian | 11 |
| parking
meter and parking facilities personnel or so-called | 12 |
| auxiliary police officers
policemen
specially appointed to aid | 13 |
| or direct traffic at or near schools or public
functions, or to | 14 |
| aid in civilian defense, or special policemen temporarily
| 15 |
| employed or commissioned as police officers.
| 16 |
| (Source: Laws 1968, p. 76.)
| 17 |
| Section 25. The Criminal Code of 1961 is amended by | 18 |
| changing Section 17-2 as follows:
| 19 |
| (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| 20 |
| Sec. 17-2. False personation; use of title; solicitation; | 21 |
| certain
entities.
| 22 |
| (a) A person commits a false personation when he or she | 23 |
| falsely represents
himself or herself to be a member or | 24 |
| representative of any
veterans' or public safety personnel | 25 |
| organization
or a representative of
any charitable | 26 |
| organization, or when any person exhibits or uses in any manner
| 27 |
| any decal, badge or insignia of any
charitable, public safety | 28 |
| personnel, or veterans' organization
when not authorized to
do | 29 |
| so by the
charitable, public safety personnel, or veterans' | 30 |
| organization.
"Public safety personnel organization" has the | 31 |
| meaning ascribed to that term
in Section 1 of the Solicitation | 32 |
| for Charity Act.
| 33 |
| (a-5) A person commits a false personation when he or she | 34 |
| falsely
represents himself or herself to be a veteran in |
|
|
|
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LRB094 18997 BDD 54480 b |
|
| 1 |
| seeking employment or
public office.
In this subsection, | 2 |
| "veteran" means a person who has served in the
Armed Services | 3 |
| or Reserved Forces of the United States.
| 4 |
| (b) No person shall use the words "Chicago Police," | 5 |
| "Chicago Police
Department," "Chicago Patrolman," "Chicago
| 6 |
| Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
| 7 |
| any other words to the same effect in the title
of any | 8 |
| organization, magazine, or other publication without the | 9 |
| express
approval of the Chicago Police Board.
| 10 |
| (b-5) No person shall use the words "Cook County Sheriff's | 11 |
| Police" or
"Cook County Sheriff" or any other words to the same | 12 |
| effect in the title of any
organization, magazine, or other | 13 |
| publication without the express approval of
the office of the | 14 |
| Cook County Sheriff's Merit Board. The references to names
and | 15 |
| titles in
this
Section may not be construed as authorizing use | 16 |
| of the names and titles of
other organizations or public safety | 17 |
| personnel organizations otherwise
prohibited by this Section | 18 |
| or the Solicitation for Charity Act.
| 19 |
| (b-10) No person may use, in the title of any organization, | 20 |
| magazine, or other publication, the words "officer", "peace | 21 |
| officer", "police", "law enforcement", "trooper", "sheriff", | 22 |
| "deputy", "deputy sheriff", "state police", or any other word | 23 |
| or words that would reasonably be understood to imply that an | 24 |
| organization is composed of law enforcement personnel. This | 25 |
| subsection does not apply to:
| 26 |
| (1) any organization that is authorized to use those | 27 |
| terms under
subsection (d-2) of Section 11 of the | 28 |
| Solicitation for
Charities Act;
| 29 |
| (2) any public or private institution of higher | 30 |
| education that is authorized to grant degrees under | 31 |
| Illinois law if the terms are used to describe the | 32 |
| expertise or activities of the institution or any | 33 |
| department, unit, or program of that institution; or
| 34 |
| (3) any unit of local government or other public body | 35 |
| created under Illinois law.
| 36 |
| (c) (Blank).
|
|
|
|
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LRB094 18997 BDD 54480 b |
|
| 1 |
| (c-1) No person may claim or represent that he or she is | 2 |
| acting on behalf
of
any police
department, chief of a police | 3 |
| department, fire department, chief of a fire
department, | 4 |
| sheriff's
department, or sheriff when soliciting financial | 5 |
| contributions or selling or
delivering or offering
to sell or | 6 |
| deliver any merchandise, goods, services, memberships, or
| 7 |
| advertisements unless the
chief of the police department, fire | 8 |
| department, and the
corporate or municipal authority thereof,
| 9 |
| or the sheriff has first
entered into a written
agreement with | 10 |
| the person or with an organization with which the person is
| 11 |
| affiliated and the
agreement permits the activity.
| 12 |
| (c-2) No person, when soliciting financial contributions | 13 |
| or selling or
delivering or offering
to sell or deliver any | 14 |
| merchandise, goods, services, memberships, or
advertisements | 15 |
| may claim
or represent that he or she is representing or acting | 16 |
| on behalf of any
nongovernmental
organization by any name which | 17 |
| includes "officer", "peace officer", "police",
"law
| 18 |
| enforcement", "trooper", "sheriff", "deputy", "deputy | 19 |
| sheriff", "State police",
or any other word
or words which | 20 |
| would reasonably be understood to imply that the organization | 21 |
| is
composed of
law enforcement personnel unless the person is | 22 |
| actually representing or acting
on behalf of the
| 23 |
| nongovernmental organization, and the nongovernmental | 24 |
| organization is
controlled by and
governed by a membership of | 25 |
| and represents a group or association of active
duty peace | 26 |
| officers,
retired peace officers, or injured peace officers and | 27 |
| before commencing the
solicitation or the
sale or the offers to | 28 |
| sell any merchandise, goods, services, memberships, or
| 29 |
| advertisements, a
written contract between the soliciting or | 30 |
| selling person and the
nongovernmental
organization has been | 31 |
| entered into.
| 32 |
| (c-3) No person may solicit financial contributions or sell | 33 |
| or deliver or
offer to sell or
deliver any merchandise, goods, | 34 |
| services, memberships, or advertisements on
behalf of a police,
| 35 |
| sheriff, or other law enforcement department unless that person | 36 |
| is actually
representing or acting
on behalf of the department |
|
|
|
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LRB094 18997 BDD 54480 b |
|
| 1 |
| or governmental organization and has entered into a
written | 2 |
| contract
with the police chief, or head of the law enforcement | 3 |
| department,
and the corporate or
municipal authority thereof, | 4 |
| or the sheriff, which specifies and states clearly
and fully | 5 |
| the purposes for which
the proceeds of the solicitation, | 6 |
| contribution, or sale will be used.
| 7 |
| (c-4) No person, when soliciting financial contributions | 8 |
| or selling or
delivering or
offering to sell or deliver any | 9 |
| merchandise, goods, services, memberships, or
advertisements,
| 10 |
| may claim or represent that he or she is representing or acting | 11 |
| on behalf of
any nongovernmental
organization by any name which | 12 |
| includes the term "fireman", "fire fighter",
"paramedic", or | 13 |
| any
other word or words which would reasonably be understood to | 14 |
| imply that the
organization is
composed of fire fighter or | 15 |
| paramedic personnel unless the person is actually
representing | 16 |
| or
acting on behalf of the nongovernmental organization, and | 17 |
| the nongovernmental
organization is
controlled by and governed | 18 |
| by a membership of and represents a group or
association of | 19 |
| active
duty, retired, or injured fire fighters (for the | 20 |
| purposes of this Section,
"fire fighter" has the
meaning | 21 |
| ascribed to that term in Section 2 of the Illinois Fire | 22 |
| Protection
Training Act)
or active duty, retired, or injured | 23 |
| emergency medical technicians - ambulance,
emergency
medical | 24 |
| technicians - intermediate, emergency medical technicians - | 25 |
| paramedic,
ambulance
drivers, or other medical assistance or | 26 |
| first aid personnel, and before
commencing the solicitation
or | 27 |
| the sale or delivery or the offers to sell or deliver any | 28 |
| merchandise,
goods, services,
memberships, or advertisements, | 29 |
| a written contract between the soliciting
or selling person
and | 30 |
| the nongovernmental organization has been entered into.
| 31 |
| (c-5) No person may solicit financial contributions or sell | 32 |
| or deliver or
offer to sell or
deliver any merchandise, goods, | 33 |
| services, memberships, or advertisements on
behalf of a
| 34 |
| department or departments of fire fighters unless that person | 35 |
| is actually
representing or acting on
behalf of the department | 36 |
| or departments and has entered into a written contract
with the
|
|
|
|
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|
| 1 |
| department chief and corporate or municipal authority thereof | 2 |
| which specifies
and states clearly
and fully the purposes for | 3 |
| which the proceeds of the solicitation,
contribution, or sale | 4 |
| will be
used.
| 5 |
| (c-6) No person may claim or represent that he or she is an | 6 |
| airman, airline employee, airport employee, or contractor at an | 7 |
| airport in order to obtain the uniform, identification card, | 8 |
| license, or other identification paraphernalia of an airman, | 9 |
| airline employee, airport employee, or contractor at an | 10 |
| airport.
| 11 |
| (d) Sentence. False personation, unapproved use of a name | 12 |
| or title,
or solicitation in violation of subsection (a), (b), | 13 |
| or (b-5) , or (b-10)
of
this Section is a Class C misdemeanor. | 14 |
| False personation in violation of
subsections (a-5) and (c-6) | 15 |
| is a Class A misdemeanor.
Engaging in any activity in violation | 16 |
| of subsection (c-1), (c-2), (c-3),
(c-4), or (c-5) of this | 17 |
| Section is a Class 4 felony.
| 18 |
| (Source: P.A. 94-548, eff. 8-11-05.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|