Full Text of HB1188 97th General Assembly
HB1188ham001 97TH GENERAL ASSEMBLY | Rep. Greg Harris Filed: 3/1/2011
| | 09700HB1188ham001 | | LRB097 05518 KMW 51666 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1188
| 2 | | AMENDMENT NO. ______. Amend House Bill 1188 on page 6, | 3 | | immediately below line 17, by inserting the following:
| 4 | | "Section 20. The Illinois Vehicle Code is amended by | 5 | | changing Section 2-116 as follows:
| 6 | | (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
| 7 | | Sec. 2-116. Secretary of State Department of Police.
| 8 | | (a) The Secretary of State and the officers, inspectors, | 9 | | and
investigators appointed by him shall cooperate with the | 10 | | State Police and
the sheriffs and police in enforcing the laws | 11 | | regulating the operation of
vehicles and the use of the | 12 | | highways.
| 13 | | (b) The Secretary of State may provide training and | 14 | | education for
members of his office in traffic regulation, the | 15 | | promotion of traffic
safety and the enforcement of laws vested | 16 | | in the Secretary of State for
administration and enforcement |
| | | 09700HB1188ham001 | - 2 - | LRB097 05518 KMW 51666 a |
|
| 1 | | regulating the operation of vehicles and the
use of the | 2 | | highways.
| 3 | | (c) The Secretary of State may provide distinctive uniforms | 4 | | and badges
for officers, inspectors and investigators employed | 5 | | in the administration
of laws relating to the operation of | 6 | | vehicles and the use of the highways
and vesting the | 7 | | administration and enforcement of such laws in the
Secretary of | 8 | | State.
| 9 | | (d) The Secretary of State Department of Police is | 10 | | authorized to:
| 11 | | (1) investigate the origins, activities, persons, and | 12 | | incidents of
crime and the ways and means, if any, to | 13 | | redress the victims of crimes, and
study the impact, if | 14 | | any, of legislation relative to the criminal laws of this
| 15 | | State related thereto and conduct any other investigations | 16 | | as may be provided
by law;
| 17 | | (2) employ skilled experts, technicians, | 18 | | investigators, special agents, or
otherwise specially | 19 | | qualified persons to aid in preventing or detecting crime,
| 20 | | apprehending criminals, or preparing and presenting | 21 | | evidence of violations of
the criminal laws of the State;
| 22 | | (3) cooperate with the police of cities, villages, and | 23 | | incorporated towns,
and with the police officers of any | 24 | | county, in enforcing the laws of the State
and in making | 25 | | arrests;
| 26 | | (4) provide, as may be required by law, assistance to |
| | | 09700HB1188ham001 | - 3 - | LRB097 05518 KMW 51666 a |
|
| 1 | | local law
enforcement agencies through training, | 2 | | management, and consultant services
for local law | 3 | | enforcement agencies, pertaining to law enforcement | 4 | | activities;
| 5 | | (5) exercise the rights, powers, and duties which have | 6 | | been vested in
it by the Secretary of State Act and this | 7 | | Code; and
| 8 | | (6) enforce and administer any other laws in relation | 9 | | to law
enforcement as may be vested in the Secretary of | 10 | | State Department of Police.
| 11 | | Persons within the Secretary of State Department of Police | 12 | | who exercise
these powers are conservators of the peace and | 13 | | have all the powers possessed
by policemen in municipalities | 14 | | and sheriffs, and may exercise these powers
anywhere in the | 15 | | State in cooperation with local
law enforcement officials. | 16 | | These
persons may use false or fictitious names in the | 17 | | performance of their duties
under this Section, upon approval | 18 | | of the Director of Police-Secretary of
State, and shall not be | 19 | | subject to prosecution under the criminal laws for that
use.
| 20 | | (e) The Secretary of State Department of Police may charge, | 21 | | collect, and
receive fees or moneys equivalent to the cost of | 22 | | providing its personnel,
equipment, and services to | 23 | | governmental agencies when explicitly requested by
a | 24 | | governmental agency and according to an intergovernmental | 25 | | agreement or
memorandums of understanding as provided by this | 26 | | Section, including but not
limited to fees or moneys equivalent |
| | | 09700HB1188ham001 | - 4 - | LRB097 05518 KMW 51666 a |
|
| 1 | | to the cost of providing training to other
governmental | 2 | | agencies on terms and conditions that in the judgment of the
| 3 | | Director of Police-Secretary of State are in the best interest | 4 | | of the
Secretary of State. All fees received by the Secretary | 5 | | of State Police
Department under this Act shall be deposited in | 6 | | a special fund in the State
Treasury to be known as
the | 7 | | Secretary of State Police Services Fund. The money deposited in | 8 | | the
Secretary of State Police Services Fund shall be | 9 | | appropriated to the Secretary
of State Department of Police as | 10 | | provided for in subsection (g).
| 11 | | (f) The Secretary of State Department of Police may apply | 12 | | for grants or
contracts and receive, expend, allocate, or | 13 | | disburse moneys made
available by public or private entities, | 14 | | including, but not limited to,
contracts,
bequests, grants, or | 15 | | receiving equipment from corporations, foundations, or
public | 16 | | or private institutions of higher learning.
| 17 | | (g) The Secretary of State Police Services Fund is hereby | 18 | | created as a
special fund in the State Treasury. All moneys | 19 | | received under this Section by
the Secretary of
State
| 20 | | Department of Police shall be deposited into the Secretary of | 21 | | State Police
Services Fund to be appropriated to the Secretary | 22 | | of State Department of Police
for purposes as indicated by the | 23 | | grantor or contractor or, in the case of
moneys bequeathed or | 24 | | granted for no specific purpose, for any purpose as
deemed | 25 | | appropriate by the Director of Police-Secretary of State in
| 26 | | administering the responsibilities of the Secretary of State |
| | | 09700HB1188ham001 | - 5 - | LRB097 05518 KMW 51666 a |
|
| 1 | | Department of
Police.
| 2 | | (h) A duty disabled Secretary of State Police officer is | 3 | | authorized to carry a concealed weapon. However, the Director | 4 | | of the Secretary of State Police may summarily revoke or | 5 | | suspend that authorization for any one or more of the following | 6 | | reasons: | 7 | | (1) The officer is duty disabled due to a mental | 8 | | illness or impairment that renders the officer a danger to | 9 | | himself, herself, or others. | 10 | | (2) The officer is being treated for alcohol, drug, or | 11 | | substance abuse or with medications that could impair his | 12 | | or her judgment or ability to safely operate a firearm. | 13 | | (3) The officer is subject to a disciplinary action. | 14 | | (4) The officer does not meet the minimum mandatory | 15 | | annual active duty and retired officer handgun | 16 | | qualification course of fire requirements established by | 17 | | the Illinois Law Enforcement Training Standards Board. | 18 | | (5) The authorization otherwise threatens public | 19 | | safety. | 20 | | Neither a revocation or suspension of authorization under | 21 | | this Section nor the failure to revoke or suspend an | 22 | | authorization under this Section shall be used to determine | 23 | | whether a duty disabled Secretary of State Police officer is | 24 | | qualified for active duty or to establish the liability of the | 25 | | Secretary of State for the actions of the officer. Likewise, | 26 | | neither the ability of a duty disabled Secretary of State |
| | | 09700HB1188ham001 | - 6 - | LRB097 05518 KMW 51666 a |
|
| 1 | | Police officer to meet the minimum mandatory annual active duty | 2 | | and retired officer handgun qualification course of fire | 3 | | requirements nor any other demonstration of ability or fitness | 4 | | required under this Section may be used to assess whether the | 5 | | officer is qualified for active duty. | 6 | | For the purposes of this Section, "duty disabled Secretary | 7 | | of State Police officer" includes, without limitation, any | 8 | | Secretary of State Police officer who is placed on duty | 9 | | disability, occupational disability, or regular disability or | 10 | | is receiving workers' compensation benefits. | 11 | | (Source: P.A. 92-501, eff. 12-19-01.)".
|
|