Full Text of HB4417 98th General Assembly
HB4417sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/12/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4417
| 2 | | AMENDMENT NO. ______. Amend House Bill 4417 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Police Training Act is amended by | 5 | | changing Sections 2 and 10.4 as follows:
| 6 | | (50 ILCS 705/2) (from Ch. 85, par. 502)
| 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires:
| 9 | | "Board" means the Illinois Law Enforcement Training | 10 | | Standards Board.
| 11 | | "Local governmental agency" means any local governmental | 12 | | unit or
municipal corporation in this State. It does not | 13 | | include the State of
Illinois or any office, officer, | 14 | | department, division, bureau, board,
commission, or agency of | 15 | | the State, except that it does include a
State-controlled | 16 | | university, college or public community college.
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| 1 | | "Police training school" means any school located within | 2 | | the State of
Illinois whether privately or publicly owned which | 3 | | offers a course in
police or county corrections training and | 4 | | has been approved by the Board.
| 5 | | "Probationary police officer" means a recruit law | 6 | | enforcement officer
required to successfully complete initial | 7 | | minimum basic training requirements
at a police training school | 8 | | to be eligible for permanent full-time
employment as a local | 9 | | law enforcement officer.
| 10 | | "Probationary part-time police officer" means a recruit | 11 | | part-time law
enforcement officer required to successfully | 12 | | complete initial minimum part-time
training requirements to be | 13 | | eligible for employment on a part-time basis as a
local law | 14 | | enforcement officer.
| 15 | | "Permanent police officer" means a law enforcement officer | 16 | | who has
completed his or her probationary period and is | 17 | | permanently employed on a
full-time basis as a local law | 18 | | enforcement officer by a participating local
governmental unit | 19 | | or as a security officer or campus policeman permanently
| 20 | | employed by a participating State-controlled university, | 21 | | college, or public
community college.
| 22 | | "Part-time police officer" means a law enforcement officer | 23 | | who has
completed his or her probationary period and is | 24 | | employed on a part-time basis
as a law enforcement officer by a | 25 | | participating unit of local government or as
a campus policeman | 26 | | by a participating State-controlled university, college, or
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| 1 | | public community college.
| 2 | | "Law enforcement officer" means (i) any police officer of a | 3 | | local governmental
agency who is primarily responsible for
| 4 | | prevention or detection of crime and the enforcement of the | 5 | | criminal code,
traffic, or highway laws of this State or any | 6 | | political subdivision
of this State or (ii) any member of a | 7 | | police force appointed and maintained as provided in Section 2 | 8 | | of the Railroad Police Act.
| 9 | | "Recruit" means any full-time or part-time law
enforcement | 10 | | officer or
full-time
county corrections officer who is enrolled | 11 | | in an
approved training course.
| 12 | | "Probationary county corrections officer" means a recruit | 13 | | county
corrections officer required to successfully complete | 14 | | initial minimum basic
training requirements at a police | 15 | | training school to be eligible for permanent
employment on a | 16 | | full-time basis as a county corrections officer.
| 17 | | "Permanent county corrections officer" means a county | 18 | | corrections
officer who has completed his probationary period | 19 | | and is permanently employed
on a full-time basis as a county | 20 | | corrections officer by a participating
local governmental | 21 | | unit.
| 22 | | "County corrections officer" means any sworn
officer of the | 23 | | sheriff who is primarily responsible for the control and | 24 | | custody
of offenders, detainees or inmates.
| 25 | | "Probationary court security officer" means a recruit | 26 | | court security
officer required to successfully complete |
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| 1 | | initial minimum basic training
requirements at a designated | 2 | | training school to be eligible for employment as a
court | 3 | | security officer.
| 4 | | "Permanent court security officer" means a court security | 5 | | officer who has
completed his or her probationary period and is | 6 | | employed as a court
security officer by a participating local | 7 | | governmental unit.
| 8 | | "Court security officer" has the meaning ascribed to it in | 9 | | Section 3-6012.1
of the Counties Code.
| 10 | | "Probation officer" means a county probation officer | 11 | | authorized by the Chief Judge of the Circuit Court to carry a | 12 | | firearm as part of his or her duties under Section 12 of the | 13 | | Probation and Probation Officers Act, and whose functions shall | 14 | | include the enforcement of the Illinois Vehicle Code, the | 15 | | Criminal Code of 2012, and the Juvenile Court Act of 1987, and | 16 | | the monitoring of offenders charged thereunder. | 17 | | (Source: P.A. 94-846, eff. 1-1-07.)
| 18 | | (50 ILCS 705/10.4) | 19 | | Sec. 10.4. Weapon certification for retired law | 20 | | enforcement officers ; probation officers . The Board may | 21 | | initiate, administer, and conduct annual firearm certification | 22 | | courses consistent with the requirements enumerated in the | 23 | | Peace Officer Firearm Training Act for retired law enforcement | 24 | | officers qualified under federal law to carry a concealed | 25 | | weapon and for probation officers .
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| 1 | | (Source: P.A. 94-103, eff. 7-1-05.) | 2 | | Section 10. The Peace Officer Firearm Training Act is | 3 | | amended by changing Section 1 as follows:
| 4 | | (50 ILCS 710/1) (from Ch. 85, par. 515)
| 5 | | Sec. 1. Definitions. As used in this Act: | 6 | | (a) "Peace officer"
means (i) any person who by virtue of | 7 | | his office or public employment is
vested by law with a primary | 8 | | duty to maintain public order or to make
arrests for offenses, | 9 | | whether that duty extends to all offenses or is
limited to | 10 | | specific offenses, and who is employed in such capacity by any
| 11 | | county or municipality ; or (ii) any retired law enforcement | 12 | | officers qualified under federal law to carry a concealed | 13 | | weapon ; or (iii) any probation officer as defined under Section | 14 | | 2 of the Illinois Police Training Act . | 15 | | (b)
"Firearms" means any weapon or device defined as a | 16 | | firearm in Section
1.1 of "An Act relating to the acquisition, | 17 | | possession and transfer of
firearms and firearm ammunition, to | 18 | | provide a penalty for the violation
thereof and to make an | 19 | | appropriation in connection therewith", approved
August 3, | 20 | | 1967, as amended.
| 21 | | (Source: P.A. 94-103, eff. 7-1-05.)
| 22 | | Section 15. The Probation and Probation Officers Act is | 23 | | amended by changing Section 9b and adding Section 17 as |
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| 1 | | follows:
| 2 | | (730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
| 3 | | Sec. 9b.
For the purposes of this Act, the words and | 4 | | phrases
described in this Section have the meanings designated | 5 | | in this Section,
except when a particular context clearly | 6 | | requires a different meaning.
| 7 | | (1) "Division" means the Division of Probation
Services of | 8 | | the
Supreme Court.
| 9 | | (2) "Department" means a probation or court
services | 10 | | department that
provides probation or court services and such
| 11 | | other related services
assigned to it by the circuit court or | 12 | | by law.
| 13 | | (3) "Probation Officer" means a person
employed full time | 14 | | in a probation
or court services department providing services | 15 | | to a court under this Act
or the Juvenile Court Act of 1987. A | 16 | | probation
officer includes detention
staff, non-secure group | 17 | | home staff and management personnel who meet
minimum standards | 18 | | established by the Supreme
Court and who are hired under the | 19 | | direction of the circuit court. These
probation officers are | 20 | | judicial employees
designated on a circuit wide or
county basis | 21 | | and compensated by the appropriate county board or boards.
| 22 | | (4) "Basic Services" means the number of personnel | 23 | | determined by the
Division as necessary to comply with adult, | 24 | | juvenile, and
detention services workload standards
and to | 25 | | operate authorized programs of intermediate sanctions, |
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| 1 | | intensive
probation
supervision,
public or community service, | 2 | | intake services, secure detention services,
non-secure group | 3 | | home services and home confinement.
| 4 | | (5) "New or Expanded Services" means personnel necessary to | 5 | | operate
pretrial programs, victim and restitution programs, | 6 | | psychological services,
drunk driving programs, specialized | 7 | | caseloads, community resource
coordination programs, and other | 8 | | programs designed to generally improve the
quality of probation | 9 | | and court services.
| 10 | | (6) "Individualized Services and Programs" means | 11 | | individualized services
provided through purchase of service | 12 | | agreements with individuals,
specialists, and local public or | 13 | | private agencies providing non-residential
services for the | 14 | | rehabilitation of adult and juvenile offenders as an
| 15 | | alternative to local or state incarceration.
| 16 | | (7) "Jurisdiction" means the geographical area of | 17 | | authority of a
probation department as designated by the chief | 18 | | judge of
each circuit court under Section 15 of this Act.
| 19 | | (8) "Transfer case" means any case where an adult or | 20 | | juvenile offender seeks to have supervision transferred from | 21 | | one county to another or from another state to a county in | 22 | | Illinois, and the transfer is approved by a judicial officer, a | 23 | | department, or through an interstate compact. | 24 | | (9) "Pretrial services" means the services and programs | 25 | | established by a circuit court within a Probation and Court | 26 | | Services Department under the Pretrial Services Act. |
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| 1 | | (Source: P.A. 98-575, eff. 1-1-14.)
| 2 | | (730 ILCS 110/17 new) | 3 | | Sec. 17. Authorization to carry weapons. Probation | 4 | | officers may only carry weapons while in the performance of | 5 | | their official duties, or while commuting between their homes, | 6 | | places of employment, or specific locations that are part of | 7 | | their assigned duties, provided they have received the prior | 8 | | consent of the Chief Judge of the Circuit Court for which they | 9 | | are employed, and they have received weapons training according | 10 | | to requirements of the Peace Officer Firearm Training Act.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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