Full Text of SB0450 95th General Assembly
SB0450eng 95TH GENERAL ASSEMBLY
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SB0450 Engrossed |
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LRB095 09964 HLH 30176 b |
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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 Illinois Municipal Code is amended by | 5 |
| changing Sections 3.1-15-25 and 3.1-30-5 as follows:
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| (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
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| Sec. 3.1-15-25. Conservators of the peace; service of | 8 |
| warrants.
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| (a) After receiving a certificate attesting to the | 10 |
| successful completion
of
a training course administered by the | 11 |
| Illinois Law Enforcement Training
Standards Board, the mayor, | 12 |
| aldermen,
president, trustees, marshal, deputy
marshals, and
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| policemen in municipalities shall be conservators
of the peace. | 14 |
| Conservators of the peace
Those persons and others authorized | 15 |
| by
ordinance shall have power (i) to arrest or cause to be | 16 |
| arrested, with or
without process, all persons who break the | 17 |
| peace or are found violating
any municipal ordinance or any | 18 |
| criminal law of the State, (ii) to commit
arrested persons for | 19 |
| examination, (iii) if necessary, to detain arrested
persons in | 20 |
| custody over night or Sunday in any safe place or until they
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| can be brought before the proper court, and (iv) to exercise | 22 |
| all other
powers as conservators of the peace prescribed by the | 23 |
| corporate authorities.
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| (b) All warrants for the violation of municipal ordinances | 2 |
| or the State
criminal law, directed to any person, may be | 3 |
| served and executed within the
limits of a municipality by any | 4 |
| policeman or marshal of the
municipality. For that purpose, | 5 |
| policemen and marshals have all the
common law and statutory | 6 |
| powers of sheriffs.
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| (Source: P.A. 90-540, eff. 12-1-97.)
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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 | 11 |
| the advice
and consent of the city council or the board
of | 12 |
| trustees, may appoint (1) a treasurer (if the treasurer is not | 13 |
| an
elected position in the municipality), (2) a collector, (3) | 14 |
| a
comptroller, (4) a marshal, (5) an attorney or a corporation | 15 |
| counsel, (5)
(6)
one or more purchasing agents and deputies, | 16 |
| (6)
(7) the number of auxiliary police officers determined | 17 |
| necessary by the corporate authorities, (7)
(8)
police matrons, | 18 |
| (8)
(9) a commissioner of public works, (9)
(10) a budget | 19 |
| director
or a budget officer, and (10)
(11) other officers
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| necessary to carry into effect the powers conferred upon | 21 |
| municipalities.
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| (b) By ordinance or resolution to take effect at the end of | 23 |
| the current
fiscal year, the corporate authorities, by a | 24 |
| two-thirds vote, may discontinue
any appointed office and | 25 |
| devolve the duties of that office on any other
municipal |
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| officer. After discontinuance, no officer filling the office | 2 |
| before
its discontinuance shall have any claim against the | 3 |
| municipality for salary
alleged to accrue after the date of | 4 |
| discontinuance.
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| (c) Vacancies in all appointed municipal offices may be | 6 |
| filled in the same
manner as appointments are made under | 7 |
| subsection (a). The city council or board
of trustees of a | 8 |
| municipality, by ordinance not inconsistent with this Code,
may | 9 |
| prescribe the duties, define the powers, and fix the term of | 10 |
| office of all
appointed officers of the municipality; but the | 11 |
| term of office, except as
otherwise expressly provided in this | 12 |
| Code, shall not exceed that of the mayor
or president of the | 13 |
| municipality.
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| (d) An appointed officer of a municipality may resign from | 15 |
| his or her
office. If an appointed officer resigns, he or she | 16 |
| shall continue in office
until a successor has been chosen and | 17 |
| has qualified. If there is a failure to
appoint a municipal | 18 |
| officer, or the person appointed fails to qualify, the
person | 19 |
| filling the office shall continue in office until a successor | 20 |
| has been
chosen and has qualified. If an appointed municipal | 21 |
| officer ceases to perform
the duties of or to hold the office | 22 |
| by reason of death, permanent physical or
mental disability, | 23 |
| conviction of a disqualifying crime, or dismissal from or
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| abandonment of office, the mayor or president of the | 25 |
| municipality may appoint a
temporary successor to the officer.
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| (Source: P.A. 94-984, eff. 6-30-06.)
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