Full Text of SB0292 97th General Assembly
SB0292 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0292 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 20 ILCS 2910/1 | from Ch. 127 1/2, par. 501 |
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Amends the Peace Officer Fire Investigation Act. Makes a technical change
in a Section concerning peace officer status.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Peace Officer Fire Investigation Act is | 5 | | amended by changing Section 1 as follows:
| 6 | | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| 7 | | Sec. 1. Peace Officer Status.
| 8 | | (a) Any person who is a sworn member of any
organized and
| 9 | | and paid fire department of a political subdivision of this | 10 | | State
and is authorized to investigate fires or explosions for | 11 | | such political
subdivision and
to determine the cause, origin | 12 | | and circumstances of fires or explosions
that are suspected to | 13 | | be arson or arson-related crimes, may be classified
as a peace | 14 | | officer by the political subdivision or agency employing such
| 15 | | person. A person so classified shall possess the same powers of | 16 | | arrest,
search and seizure and the securing and service of | 17 | | warrants as sheriffs
of counties, and police officers within | 18 | | the jurisdiction of their political
subdivision. While in the | 19 | | actual investigation and matters incident thereto,
such person | 20 | | may carry weapons as may be necessary, but only if that person | 21 | | has
satisfactorily completed (1) a training program offered or | 22 | | approved by the
Illinois Law Enforcement Training Standards | 23 | | Board which substantially conforms
to standards promulgated |
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| 1 | | pursuant to the Illinois Police Training Act and the Peace | 2 | | Officer Firearm Training Act; and (2) a course in fire and | 3 | | arson investigation approved by the
Office of the State Fire | 4 | | Marshal pursuant to the Illinois Fire Protection
Training Act. | 5 | | Such training need not include exposure to vehicle and traffic
| 6 | | law, traffic control and accident investigation, or first aid, | 7 | | but shall
include training in the law relating to the rights of | 8 | | persons suspected of
involvement in criminal activities. | 9 | | Any person granted the powers enumerated in this subsection | 10 | | (a) may exercise such
powers only during the actual | 11 | | investigation of the cause, origin and
circumstances of such | 12 | | fires or explosions that are suspected to be arson or
| 13 | | arson-related crimes.
| 14 | | (b) Persons employed by the Office of the State Fire | 15 | | Marshal to conduct arson investigations shall be designated | 16 | | State Fire Marshal Arson Investigator Special Agents and shall | 17 | | be peace officers with all of the powers of peace officers in | 18 | | cities and sheriffs in counties, except that they may exercise | 19 | | those powers throughout the State. These Special Agents may | 20 | | exercise these powers only when engaging in official duties | 21 | | during the actual investigation of the cause, origin, and
| 22 | | circumstances of such fires or explosions that are suspected to | 23 | | be arson or
arson-related crimes and may carry weapons at all | 24 | | times, but only if they have satisfactorily completed (1) a | 25 | | training course approved by the Illinois Law Enforcement | 26 | | Training Standards Board that substantially conforms to the |
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| 1 | | standards promulgated pursuant to the Peace Officer Firearm | 2 | | Training Act and (2) a course in fire and arson investigation | 3 | | approved by the
Office of the State Fire Marshal pursuant to | 4 | | the Illinois Fire Protection
Training Act. Such training need | 5 | | not include exposure to vehicle and traffic
law, traffic | 6 | | control and accident investigation, or first aid, but shall
| 7 | | include training in the law relating to the rights of persons | 8 | | suspected of
involvement in criminal activities. | 9 | | For purposes of this subsection (b), a "State Fire Marshal | 10 | | Arson Investigator Special Agent" does not include any fire | 11 | | investigator, fireman, police officer, or other employee of the | 12 | | federal government; any fire investigator, fireman, police | 13 | | officer, or other employee of any unit of local government; or | 14 | | any fire investigator, fireman, police officer, or other | 15 | | employee of the State of Illinois other than an employee of the | 16 | | Office of the State Fire Marshal assigned to investigate arson.
| 17 | | The State Fire Marshal must authorize to each employee of | 18 | | the Office
of the State Fire Marshal who is exercising the | 19 | | powers of a peace officer a
distinct badge that, on its face, | 20 | | (i) clearly states that the badge is
authorized by the Office | 21 | | of the State Fire Marshal and (ii) contains a unique
| 22 | | identifying number. No other badge shall be authorized by the | 23 | | Office of the
State Fire Marshal, except that a badge, | 24 | | different from the badge issued to
peace officers, may be | 25 | | authorized by the Office of the State Fire Marshal for
the use | 26 | | of fire prevention inspectors employed by that Office.
Nothing |
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| 1 | | in this subsection prohibits the State Fire Marshal from | 2 | | issuing
shields or other distinctive identification to | 3 | | employees not exercising the
powers of a peace officer if the | 4 | | State Fire Marshal determines that a shield or
distinctive | 5 | | identification is needed by the employee to carry out his or | 6 | | her
responsibilities.
| 7 | | (Source: P.A. 95-502, eff. 8-28-07.)
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