Full Text of SB0740 95th General Assembly
SB0740 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0740
Introduced 2/8/2007, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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50 ILCS 710/2 |
from Ch. 85, par. 516 |
55 ILCS 5/3-6013 |
from Ch. 34, par. 3-6013 |
65 ILCS 5/3.1-30-20 |
from Ch. 24, par. 3.1-30-20 |
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Amends the Peace Officer Firearm Training Act, the Counties Code, and the Municipal Code. Provides that all auxiliary police officers and deputies must submit to a background check. Provides that an auxiliary officer or deputy who has completed an approved background check must be allowed to participate in firearm training. Effective immediately.
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A BILL FOR
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SB0740 |
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LRB095 07784 HLH 27945 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 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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LRB095 07784 HLH 27945 b |
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| (3) Instruction in the legal use of firearms under the | 2 |
| Criminal Code of
1961 and relevant court decisions.
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| (4) A forceful presentation of the ethical and moral | 4 |
| considerations
assumed by any person who uses a firearm.
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| (b) Any officer who successfully completes the Basic | 6 |
| Training Course
prescribed for recruits by the Board shall be | 7 |
| presumed to have satisfied
the requirements of this Act.
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| (c) The Board shall cause the training courses to be | 9 |
| conducted twice each
year within each of the Mobile Team | 10 |
| Regions, but no training course need be
held when there are no | 11 |
| police officers requiring the training.
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| (d) (Blank).
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| (e) The Board may waive, or may conditionally waive, the 40 | 14 |
| hour course of
training if, in the Board's opinion, the officer | 15 |
| has previously successfully
completed a
course of similar | 16 |
| content and duration. In cases of waiver, the officer shall
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| demonstrate
his or her knowledge and proficiency by passing the | 18 |
| written examination on
firearms and
by successfully passing the | 19 |
| range qualification portion of the prescribed
course
of | 20 |
| training.
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| (f) The Board shall require that auxiliary police officers | 22 |
| complete a successful background check and shall not refuse | 23 |
| training to an auxiliary officer who has completed an approved | 24 |
| background check.
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| (Source: P.A. 94-984, eff. 6-30-06.)
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| Section 10. The Counties Code is amended by changing | 2 |
| 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 | 5 |
| auxiliary deputies. Auxiliary deputies shall not supplement | 6 |
| members of the regular county
police department or regular | 7 |
| deputies in the performance of their assigned
and normal | 8 |
| duties, except as provided herein. Auxiliary deputies may be
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| assigned and directed by the sheriff to perform the following | 10 |
| duties in
the county:
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| To aid or direct traffic within the county, to aid in | 12 |
| control of natural
or human made disasters, to aid in case of | 13 |
| civil disorder as assigned and
directed by the sheriff, | 14 |
| provided, that in emergency cases which render it
impractical | 15 |
| for members of the regular county police department or regular
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| deputies to perform their assigned and normal duties, the | 17 |
| sheriff is hereby
authorized to assign and direct auxiliary | 18 |
| deputies to perform such regular
and normal duties. | 19 |
| Identification symbols worn by such auxiliary deputies
shall be | 20 |
| different and distinct from those used by members of the | 21 |
| regular
county police department or regular deputies. Such | 22 |
| auxiliary deputies
shall at all times during the performance of | 23 |
| their duties be subject to the
direction and control of the | 24 |
| sheriff of the county. Such auxiliary deputies
shall not carry | 25 |
| firearms, except with the permission of the sheriff, and
only |
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| while in uniform and in the performance of their assigned | 2 |
| duties.
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| Auxiliary deputies, prior to entering upon any of their | 4 |
| duties, shall
receive a course of training in the use of | 5 |
| weapons and other police
procedures as shall be appropriate in | 6 |
| the exercise of the powers
conferred upon them under this | 7 |
| Division, which training and
course of study shall be | 8 |
| determined and provided by the sheriff of each
county utilizing | 9 |
| auxiliary deputies, provided that, before being
permitted to | 10 |
| carry a firearm an auxiliary deputy must have the same
course | 11 |
| of training as required of peace officers in Section 2 of the
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| Peace Officer Firearm Training Act. The county authorities | 13 |
| shall require
that all auxiliary deputies be residents of the | 14 |
| county served by them.
Prior to the appointment of any | 15 |
| auxiliary deputy he or she shall submit to a background check | 16 |
| and his or her fingerprints
shall be taken . No
and no person | 17 |
| shall be appointed as such auxiliary deputy if
he or she has | 18 |
| been convicted of a felony or other crime involving moral
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| turpitude. An auxiliary deputy who has completed a successful | 20 |
| background check must be allowed to participate in firearm | 21 |
| training.
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| Auxiliary deputies may not be paid a salary, except as | 23 |
| provided in
Section 3-6036, but may be reimbursed for actual | 24 |
| expenses incurred in
performing their assigned duty. The County | 25 |
| Board must approve such actual
expenses and arrange for | 26 |
| payment.
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| Nothing in this Division shall preclude an auxiliary deputy | 2 |
| from holding
a simultaneous appointment as an auxiliary police | 3 |
| officer pursuant to Section
3-6-5 of the Illinois Municipal | 4 |
| Code.
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| (Source: P.A. 94-984, eff. 6-30-06.)
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| Section 20. The Illinois Municipal Code is amended by | 7 |
| changing Section 3.1-30-20 as follows:
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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.
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| (a) Auxiliary police officers shall
not be members of the | 11 |
| regular police department of the municipality.
Auxiliary | 12 |
| police officers shall not supplement members of the regular
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| police department of any municipality in the performance of | 14 |
| their
assigned and normal duties, except as otherwise provided | 15 |
| in this Code.
Auxiliary police officers shall only be assigned | 16 |
| to perform the following
duties in a municipality:
(i) to aid | 17 |
| or direct traffic within the
municipality, (ii) to aid in | 18 |
| control of natural or man made disasters, and
(iii) to aid
in | 19 |
| case of civil disorder as directed by the chief of police.
When | 20 |
| it is impractical for members of the regular
police department | 21 |
| to perform those normal and regular police duties, however,
the
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| chief of police of the regular police department may
assign | 23 |
| auxiliary police officers to perform those normal and regular | 24 |
| police
duties. Identification symbols worn by auxiliary police |
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| officers shall be
different and distinct from those used by | 2 |
| members of the regular police
department. Auxiliary police | 3 |
| officers shall at all times during the
performance of their | 4 |
| duties be subject to the direction and control of
the chief of | 5 |
| police of the municipality. Auxiliary police officers
shall not | 6 |
| carry firearms, except with the permission of the chief of
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| police and while in uniform and in the performance of their | 8 |
| duties.
Auxiliary police officers, when on duty, shall also be | 9 |
| conservators of the
peace and shall have the powers specified | 10 |
| in Section 3.1-15-25.
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| (b) Auxiliary police officers, before entering upon any of | 12 |
| their duties,
shall receive a course of training in the use of | 13 |
| weapons and other
police procedures appropriate for the | 14 |
| exercise of the powers
conferred upon them under this Code. The | 15 |
| training and course of study
shall be determined and provided | 16 |
| by the corporate authorities of each
municipality employing | 17 |
| auxiliary police officers. Before being permitted to carry a | 18 |
| firearm, however, an auxiliary police officer must have the | 19 |
| same course of training as required of peace officers under | 20 |
| Section 2 of the Peace Officer Firearm Training Act and must | 21 |
| complete background check . The municipal authorities may
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| require that all auxiliary police officers be residents of the | 23 |
| municipality
served by them. Before the appointment of an | 24 |
| auxiliary police officer, the
person's fingerprints shall be | 25 |
| taken, and no person shall be appointed as an
auxiliary police | 26 |
| officer if that person has been convicted of a felony or other
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| crime
involving moral turpitude. An auxiliary police officer | 2 |
| who has completed a successful background check must be allowed | 3 |
| to participate in firearm training.
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| (c) The Line of Duty Compensation Act
shall be applicable | 5 |
| to auxiliary police officers
upon their death in the line of | 6 |
| duty described in this Code.
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| (Source: P.A. 94-984, eff. 6-30-06.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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