Full Text of HB4417 98th General Assembly
HB4417sam002 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/20/2014
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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 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 | | paid fire department of a political subdivision of this State
| 10 | | and is authorized to investigate fires or explosions for such | 11 | | political
subdivision and
to determine the cause, origin and | 12 | | circumstances of fires or explosions
that are suspected to be | 13 | | 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 |
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| 1 | | warrants as sheriffs
of counties, and police officers within | 2 | | the jurisdiction of their political
subdivision. While in the | 3 | | actual investigation and matters incident thereto,
such person | 4 | | may carry weapons as may be necessary, but only if that person | 5 | | has
satisfactorily completed (1) a training program offered or | 6 | | approved by the
Illinois Law Enforcement Training Standards | 7 | | Board which substantially conforms
to standards promulgated | 8 | | pursuant to the Illinois Police Training Act and the Peace | 9 | | Officer and Probation Officer Firearm Training Act; and (2) a | 10 | | course in fire and arson investigation approved by the
Office | 11 | | of the State Fire Marshal pursuant to the Illinois Fire | 12 | | Protection
Training Act. Such training need not include | 13 | | exposure to vehicle and traffic
law, traffic control and | 14 | | accident investigation, or first aid, but shall
include | 15 | | training in the law relating to the rights of persons suspected | 16 | | of
involvement in criminal activities.
| 17 | | Any person granted the powers enumerated in this subsection | 18 | | (a) may exercise such
powers only during the actual | 19 | | investigation of the cause, origin and
circumstances of such | 20 | | fires or explosions that are suspected to be arson or
| 21 | | arson-related crimes.
| 22 | | (b) Persons employed by the Office of the State Fire | 23 | | Marshal to conduct arson investigations shall be designated | 24 | | State Fire Marshal Arson Investigator Special Agents and shall | 25 | | be peace officers with all of the powers of peace officers in | 26 | | cities and sheriffs in counties, except that they may exercise |
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| 1 | | those powers throughout the State. These Special Agents may | 2 | | exercise these powers only when engaging in official duties | 3 | | during the actual investigation of the cause, origin, and
| 4 | | circumstances of such fires or explosions that are suspected to | 5 | | be arson or
arson-related crimes and may carry weapons at all | 6 | | times, but only if they have satisfactorily completed (1) a | 7 | | training course approved by the Illinois Law Enforcement | 8 | | Training Standards Board that substantially conforms to the | 9 | | standards promulgated pursuant to the Peace Officer and | 10 | | Probation Officer Firearm Training Act and (2) a course in fire | 11 | | and arson investigation approved by the
Office of the State | 12 | | Fire Marshal pursuant to the Illinois Fire Protection
Training | 13 | | Act. Such training need not include exposure to vehicle and | 14 | | traffic
law, traffic control and accident investigation, or | 15 | | first aid, but shall
include training in the law relating to | 16 | | the rights of persons suspected of
involvement in criminal | 17 | | activities. | 18 | | For purposes of this subsection (b), a "State Fire Marshal | 19 | | Arson Investigator Special Agent" does not include any fire | 20 | | investigator, fireman, police officer, or other employee of the | 21 | | federal government; any fire investigator, fireman, police | 22 | | officer, or other employee of any unit of local government; or | 23 | | any fire investigator, fireman, police officer, or other | 24 | | employee of the State of Illinois other than an employee of the | 25 | | Office of the State Fire Marshal assigned to investigate arson.
| 26 | | The State Fire Marshal must authorize to each employee of |
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| 1 | | the Office
of the State Fire Marshal who is exercising the | 2 | | powers of a peace officer a
distinct badge that, on its face, | 3 | | (i) clearly states that the badge is
authorized by the Office | 4 | | of the State Fire Marshal and (ii) contains a unique
| 5 | | identifying number. No other badge shall be authorized by the | 6 | | Office of the
State Fire Marshal, except that a badge, | 7 | | different from the badge issued to
peace officers, may be | 8 | | authorized by the Office of the State Fire Marshal for
the use | 9 | | of fire prevention inspectors employed by that Office.
Nothing | 10 | | in this subsection prohibits the State Fire Marshal from | 11 | | issuing
shields or other distinctive identification to | 12 | | employees not exercising the
powers of a peace officer if the | 13 | | State Fire Marshal determines that a shield or
distinctive | 14 | | identification is needed by the employee to carry out his or | 15 | | her
responsibilities.
| 16 | | (Source: P.A. 95-502, eff. 8-28-07.)
| 17 | | Section 10. The Illinois Police Training Act is amended by | 18 | | changing Section 10.4 as follows: | 19 | | (50 ILCS 705/10.4) | 20 | | Sec. 10.4. Weapon certification for retired law | 21 | | enforcement officers. The Board may initiate, administer, and | 22 | | conduct annual firearm certification courses consistent with | 23 | | the requirements enumerated in the Peace Officer and Probation | 24 | | Officer Firearm Training Act for retired law enforcement |
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| 1 | | officers qualified under federal law to carry a concealed | 2 | | weapon.
| 3 | | (Source: P.A. 94-103, eff. 7-1-05.) | 4 | | Section 15. The Peace Officer Firearm Training Act is | 5 | | amended by changing the title of the Act and Sections 0.01, 1, | 6 | | 2, 2.5, and 3 as follows:
| 7 | | (50 ILCS 710/Act title)
| 8 | | An Act in relation to firearms training for peace officers | 9 | | and probation officers .
| 10 | | (50 ILCS 710/0.01) (from Ch. 85, par. 514)
| 11 | | Sec. 0.01. Short title. This Act may be cited as the
Peace | 12 | | Officer and Probation Officer Firearm Training Act.
| 13 | | (Source: P.A. 86-1324.)
| 14 | | (50 ILCS 710/1) (from Ch. 85, par. 515)
| 15 | | Sec. 1. Definitions. As used in this Act: | 16 | | (a) "Peace officer"
means (i) any person who by virtue of | 17 | | his office or public employment is
vested by law with a primary | 18 | | duty to maintain public order or to make
arrests for offenses, | 19 | | whether that duty extends to all offenses or is
limited to | 20 | | specific offenses, and who is employed in such capacity by any
| 21 | | county or municipality or (ii) any retired law enforcement | 22 | | officers qualified under federal law to carry a concealed |
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| 1 | | weapon. | 2 | | (a-5) "Probation officer" means a county probation officer | 3 | | authorized by the Chief Judge of the Circuit Court to carry a | 4 | | firearm as part of his or her duties under Section 12 of the | 5 | | Probation and Probation Officers Act and Section 24-2 of the | 6 | | Criminal Code of 2012. | 7 | | (b)
"Firearms" means any weapon or device defined as a | 8 | | firearm in Section
1.1 of "An Act relating to the acquisition, | 9 | | possession and transfer of
firearms and firearm ammunition, to | 10 | | provide a penalty for the violation
thereof and to make an | 11 | | appropriation in connection therewith", approved
August 3, | 12 | | 1967, as amended.
| 13 | | (Source: P.A. 94-103, eff. 7-1-05.)
| 14 | | (50 ILCS 710/2) (from Ch. 85, par. 516)
| 15 | | Sec. 2. Training course for peace officers and probation | 16 | | officers .
| 17 | | (a) Successful completion of a 40 hour course of training | 18 | | in use of a
suitable type firearm shall be a condition | 19 | | precedent to the possession and use
of that respective firearm | 20 | | by any peace officer or probation officer in this State in | 21 | | connection
with the officer's official duties. The training | 22 | | must be approved by the
Illinois Law Enforcement Training | 23 | | Standards Board ("the
Board") and may be given in logical | 24 | | segments but must be completed by a peace officer within 6
| 25 | | months from the date of the officer's initial employment and by |
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| 1 | | a probation officer before possession and use of a firearms in | 2 | | connection with the probation officer's official duties . To | 3 | | satisfy the
requirements of this Act, the training must include | 4 | | the following:
| 5 | | (1) Instruction in the dangers of misuse of the | 6 | | firearm, safety
rules, and care and cleaning of the | 7 | | firearm.
| 8 | | (2) Practice firing on a range and qualification with | 9 | | the firearm in
accordance with the standards established by | 10 | | the Board.
| 11 | | (3) Instruction in the legal use of firearms under the | 12 | | Criminal Code of
2012 and relevant court decisions.
| 13 | | (4) A forceful presentation of the ethical and moral | 14 | | considerations
assumed by any person who uses a firearm.
| 15 | | (b) Any officer who successfully completes the Basic | 16 | | Training Course
prescribed for recruits by the Board shall be | 17 | | presumed to have satisfied
the requirements of this Act.
| 18 | | (c) The Board shall cause the training courses to be | 19 | | conducted twice each
year within each of the Mobile Team | 20 | | Regions, but no training course need be
held when there are no | 21 | | police officers or probation officers requiring the training.
| 22 | | (d) (Blank).
| 23 | | (e) The Board may waive, or may conditionally waive, the 40 | 24 | | hour course of
training if, in the Board's opinion, the officer | 25 | | has previously successfully
completed a
course of similar | 26 | | content and duration. In cases of waiver, the officer shall
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| 1 | | demonstrate
his or her knowledge and proficiency by passing the | 2 | | written examination on
firearms and
by successfully passing the | 3 | | range qualification portion of the prescribed
course
of | 4 | | training.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (50 ILCS 710/2.5) | 7 | | Sec. 2.5. Annual range qualification. The annual range | 8 | | qualification for peace officers and probation officers shall | 9 | | consist of range fire approved by the Illinois Law Enforcement | 10 | | Training Standards Board.
| 11 | | (Source: P.A. 94-103, eff. 7-1-05.)
| 12 | | (50 ILCS 710/3) (from Ch. 85, par. 517)
| 13 | | Sec. 3. The Board is charged with enforcing this Act and | 14 | | making
inspections to insure compliance with its provisions, | 15 | | and is empowered
to promulgate rules necessary for its | 16 | | administration and enforcement, including those relating to | 17 | | the annual certification of retired law enforcement officers | 18 | | qualified under federal law to carry a concealed weapon.
All | 19 | | units of government
or other agencies
which employ or utilize | 20 | | peace officers, probation officers, or that certify retired law | 21 | | enforcement officers qualified under federal law to carry a | 22 | | concealed weapon, shall cooperate with
the Board by furnishing | 23 | | relevant information which the Board may
require. The Executive | 24 | | Director of the Board shall report annually, no later
than |
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| 1 | | February 1, to the Board, with copies to the Governor and the | 2 | | General
Assembly, the results of
these inspections and provide | 3 | | other related information and
recommendations as it deems | 4 | | proper.
| 5 | | (Source: P.A. 94-103, eff. 7-1-05.)
| 6 | | Section 20. The Counties Code is amended by changing | 7 | | Sections 3-6013 and 5-37011 as follows:
| 8 | | (55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
| 9 | | Sec. 3-6013. Duties, training and compensation of | 10 | | auxiliary deputies. Auxiliary deputies shall not supplement | 11 | | members of the regular county
police department or regular | 12 | | deputies in the performance of their assigned
and normal | 13 | | duties, except as provided herein. Auxiliary deputies may be
| 14 | | assigned and directed by the sheriff to perform the following | 15 | | duties in
the county:
| 16 | | To aid or direct traffic within the county, to aid in | 17 | | control of natural
or human made disasters, to aid in case of | 18 | | civil disorder as assigned and
directed by the sheriff, | 19 | | provided, that in emergency cases which render it
impractical | 20 | | for members of the regular county police department or regular
| 21 | | deputies to perform their assigned and normal duties, the | 22 | | sheriff is hereby
authorized to assign and direct auxiliary | 23 | | deputies to perform such regular
and normal duties. | 24 | | Identification symbols worn by such auxiliary deputies
shall be |
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| 1 | | different and distinct from those used by members of the | 2 | | regular
county police department or regular deputies. Such | 3 | | auxiliary deputies
shall at all times during the performance of | 4 | | their duties be subject to the
direction and control of the | 5 | | sheriff of the county. Such auxiliary deputies
shall not carry | 6 | | firearms, except with the permission of the sheriff, and
only | 7 | | while in uniform and in the performance of their assigned | 8 | | duties.
| 9 | | Auxiliary deputies, prior to entering upon any of their | 10 | | duties, shall
receive a course of training in the use of | 11 | | weapons and other police
procedures as shall be appropriate in | 12 | | the exercise of the powers
conferred upon them under this | 13 | | Division, which training and
course of study shall be | 14 | | determined and provided by the sheriff of each
county utilizing | 15 | | auxiliary deputies, provided that, before being
permitted to | 16 | | carry a firearm an auxiliary deputy must have the same
course | 17 | | of training as required of peace officers in Section 2 of the
| 18 | | Peace Officer and Probation Officer Firearm Training Act. The | 19 | | county authorities shall require
that all auxiliary deputies be | 20 | | residents of the county served by them.
Prior to the | 21 | | appointment of any auxiliary deputy his or her fingerprints
| 22 | | shall be taken and no person shall be appointed as such | 23 | | auxiliary deputy if
he or she has been convicted of a felony or | 24 | | other crime involving moral
turpitude.
| 25 | | Auxiliary deputies may receive such compensation as is set | 26 | | by the County Board, with the advice and consent of the |
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| 1 | | Sheriff, not to exceed the lowest hourly pay of a full-time | 2 | | sworn member of the regular county police or sheriff's | 3 | | department and not be paid a salary, except as provided in
| 4 | | Section 3-6036, but may be reimbursed for actual expenses | 5 | | incurred in
performing their assigned duty. The County Board | 6 | | must approve such actual
expenses and arrange for payment.
| 7 | | Nothing in this Division shall preclude an auxiliary deputy | 8 | | from holding
a simultaneous appointment as an auxiliary police | 9 | | officer pursuant to Section
3-6-5 of the Illinois Municipal | 10 | | Code.
| 11 | | (Source: P.A. 97-379, eff. 8-15-11.)
| 12 | | (55 ILCS 5/5-37011) (from Ch. 34, par. 5-37011)
| 13 | | Sec. 5-37011. Hospital security police force. The board of
| 14 | | commissioners, subject to the applicable merit system rules, | 15 | | may establish
and maintain a Hospital Security Police Force and | 16 | | may define and prescribe
all such peace officers' duties and | 17 | | compensation. Every security police
officer appointed by the | 18 | | board to such Security Police Force, as the same
shall be from | 19 | | time to time hereafter constituted, shall have and is hereby
| 20 | | vested with police powers, and is hereby authorized to act as a | 21 | | conservator
of the peace within and upon any and all hospital | 22 | | facilities operated and
hospital premises controlled by such | 23 | | board, and shall have power to make
arrests or cause to be | 24 | | arrested, with or without process, any person who
breaks the | 25 | | peace, or may be found violating any State statutes or city or
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| 1 | | county ordinances within or upon such facilities or premises.
| 2 | | The board may establish reasonable eligibility | 3 | | requirements for appointment
to such Security Police Force | 4 | | relating to residence, health, habits and
moral character. | 5 | | However, no person may be appointed hereunder unless that
| 6 | | person is at least 21 years of age. No person may be appointed | 7 | | to or be
retained in the Hospital Security Police Force unless | 8 | | that person is of
good character and not a habitual drunkard, | 9 | | gambler or a person convicted
of a felony or a crime involving | 10 | | moral turpitude. All Security Police Force
personnel | 11 | | authorized to carry weapons within or upon hospital facilities
| 12 | | or premises while on-duty shall receive a course of training in | 13 | | the legal
and practical use of such weapons as is required of a | 14 | | police officer under
the Peace Officer and Probation Officer | 15 | | Firearm Training Act "An Act in relation to firearms training | 16 | | for peace officers", approved
August 29, 1975, as amended, and | 17 | | all such Security Police Force personnel
shall also have | 18 | | received the training and certification required by the
| 19 | | "Illinois Police Training Act" as now or hereafter amended. | 20 | | Security Police
Force personnel shall not carry weapons while | 21 | | off-duty and all weapons shall
be checked and secured on the | 22 | | hospital premises while such personnel remain
off-duty.
| 23 | | (Source: P.A. 86-962.)
| 24 | | Section 25. The Township Code is amended by changing | 25 | | Section 100-10 as follows:
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| 1 | | (60 ILCS 1/100-10)
| 2 | | Sec. 100-10. Township enforcement officer.
| 3 | | (a) The township board may appoint one or more township | 4 | | enforcement officers to serve
for a term of one year and may | 5 | | remove an officer with or without cause. Every person
appointed | 6 | | to the office of township enforcement officer, before entering | 7 | | on the
duties of the office and within 10 days after being | 8 | | notified of the
appointment, shall cause to be filed in the | 9 | | office of the township clerk a
notice signifying his or her | 10 | | acceptance of the office. A neglect to cause the
notice to be | 11 | | filed shall be deemed a refusal to serve.
| 12 | | (b) The sheriff of the county in which the township is | 13 | | situated may
disapprove any such appointment within 30 days | 14 | | after the notice is filed. The
disapproval precludes that | 15 | | person from serving as a township enforcement
officer, and the | 16 | | township board may appoint another person
to that position
| 17 | | subject to approval by the sheriff.
| 18 | | (c) Every person appointed to the office of township | 19 | | enforcement officer,
before entering upon the duties of the | 20 | | office, shall execute, with sufficient
sureties to be approved | 21 | | by the supervisor or clerk of the township, an
instrument in | 22 | | writing by which the township enforcement officer and his or | 23 | | her
sureties shall jointly and severally agree to pay to each | 24 | | and every person who
may be entitled thereto all sums of money | 25 | | as the township enforcement officer
may become liable to pay on |
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| 1 | | account of any neglect or default of the township
enforcement | 2 | | officer or on account of any misfeasance of the township
| 3 | | enforcement officer in the discharge of, or failure to | 4 | | faithfully perform, any
of the duties of the office.
| 5 | | (d) The township enforcement officers shall have the same | 6 | | power and authority
within the township as a deputy sheriff but | 7 | | only for the purpose of enforcing
township ordinances. | 8 | | Notwithstanding any other provisions of this Section, township | 9 | | enforcement officers are authorized to enforce county | 10 | | ordinances within areas of a county located within the township | 11 | | pursuant to intergovernmental agreements between the | 12 | | respective county and township to the extent authorized by the | 13 | | agreement. The township enforcement officer shall not carry | 14 | | firearms
and will not be required to comply with the Peace | 15 | | Officer and Probation Officer Firearm Training Act.
The officer | 16 | | shall attend law enforcement training classes conducted by the
| 17 | | Illinois Law Enforcement Training Standards Board. The | 18 | | township board
shall appropriate all necessary monies for the | 19 | | training.
| 20 | | (d-5) (1) Except as provided in paragraph (2) of this | 21 | | subsection, in all
actions for the violation of any township | 22 | | ordinance, township enforcement
officers shall be authorized | 23 | | to issue and to serve upon any person who the
township | 24 | | enforcement officer has reasonable grounds to believe is guilty | 25 | | of a
violation of a township ordinance a notice of violation | 26 | | that shall constitute
a summons and complaint. A copy of such |
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| 1 | | notice of violation shall be forwarded
to the circuit court | 2 | | having jurisdiction over the township where the violation
is | 3 | | alleged to have been committed. Every person who has been | 4 | | issued a summons
shall appear for trial, and the action shall | 5 | | be prosecuted in the corporate
name of the township. | 6 | | Enforcement of county ordinances shall be in accordance with | 7 | | procedures adopted by the county and any applicable State law.
| 8 | | (2) In all actions for violation of any township ordinance | 9 | | when the fine
would not be in excess of $500 and no jail term | 10 | | could be imposed, service of
summons may be made by the | 11 | | township clerk by certified mail, return receipt
requested, | 12 | | whether service is to be within or without the State.
| 13 | | (e) The township enforcement officers shall carry | 14 | | identification documents
provided by the township board | 15 | | identifying him or her as a township
enforcement officer. The | 16 | | officers shall notify the township clerk of any
violations of | 17 | | township ordinances.
| 18 | | (f) Nothing in this Code precludes a county auxiliary | 19 | | deputy or deputy
sheriff, or a municipal policeman or auxiliary | 20 | | police officer from serving as a
township enforcement officer | 21 | | during off-duty hours.
| 22 | | (g) The township board may provide compensation for the | 23 | | township enforcement
officer on either a per diem or a salary | 24 | | basis.
| 25 | | (h) (Blank).
| 26 | | (Source: P.A. 97-330, eff. 8-12-11.)
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| 1 | | Section 30. The Illinois Municipal Code is amended by | 2 | | changing Section 3.1-30-20 as follows:
| 3 | | (65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
| 4 | | Sec. 3.1-30-20. Auxiliary police officers.
| 5 | | (a) Auxiliary police officers shall
not be members of the | 6 | | regular police department of the municipality.
Auxiliary | 7 | | police officers shall not supplement members of the regular
| 8 | | police department of any municipality in the performance of | 9 | | their
assigned and normal duties, except as otherwise provided | 10 | | in this Code.
Auxiliary police officers shall only be assigned | 11 | | to perform the following
duties in a municipality:
(i) to aid | 12 | | or direct traffic within the
municipality, (ii) to aid in | 13 | | control of natural or man made disasters, and
(iii) to aid
in | 14 | | case of civil disorder as directed by the chief of police.
When | 15 | | it is impractical for members of the regular
police department | 16 | | to perform those normal and regular police duties, however,
the
| 17 | | chief of police of the regular police department may
assign | 18 | | auxiliary police officers to perform those normal and regular | 19 | | police
duties. Identification symbols worn by auxiliary police | 20 | | officers shall be
different and distinct from those used by | 21 | | members of the regular police
department. Auxiliary police | 22 | | officers shall at all times during the
performance of their | 23 | | duties be subject to the direction and control of
the chief of | 24 | | police of the municipality. Auxiliary police officers
shall not |
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| 1 | | carry firearms, except with the permission of the chief of
| 2 | | police and while in uniform and in the performance of their | 3 | | duties.
Auxiliary police officers, when on duty, shall also be | 4 | | conservators of the
peace and shall have the powers specified | 5 | | in Section 3.1-15-25.
| 6 | | (b) Auxiliary police officers, before entering upon any of | 7 | | their duties,
shall receive a course of training in the use of | 8 | | weapons and other
police procedures appropriate for the | 9 | | exercise of the powers
conferred upon them under this Code. The | 10 | | training and course of study
shall be determined and provided | 11 | | by the corporate authorities of each
municipality employing | 12 | | auxiliary police officers. Before being permitted to carry a | 13 | | firearm, however, an auxiliary police officer must have the | 14 | | same course of training as required of peace officers under | 15 | | Section 2 of the Peace Officer and Probation Officer Firearm | 16 | | Training Act. The municipal authorities may
require that all | 17 | | auxiliary police officers be residents of the municipality
| 18 | | served by them. Before the appointment of an auxiliary police | 19 | | officer, the
person's fingerprints shall be taken, and no | 20 | | person shall be appointed as an
auxiliary police officer if | 21 | | that person has been convicted of a felony or other
crime
| 22 | | involving moral turpitude.
| 23 | | (c) The Line of Duty Compensation Act
shall be applicable | 24 | | to auxiliary police officers
upon their death in the line of | 25 | | duty described in this Code.
| 26 | | (Source: P.A. 94-984, eff. 6-30-06.)
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| 1 | | Section 35. The Civic Center Code is amended by changing | 2 | | Section 240-40 as follows:
| 3 | | (70 ILCS 200/240-40)
| 4 | | Sec. 240-40. Security police force. The Board of the
| 5 | | Authority may establish and maintain a Security
Police Force | 6 | | and may define and prescribe all such peace officers' duties
| 7 | | and compensation. Every security police officer appointed by | 8 | | the Board
to such Security Police Force, as the same shall be | 9 | | from time to time hereafter
constituted, shall have and is | 10 | | hereby vested with police powers, and is
hereby authorized to | 11 | | act as a conservator of the peace within and upon driveways,
| 12 | | sidewalks and property controlled by such Authority, and shall | 13 | | have power
to make arrests or cause to be arrested, with or | 14 | | without process, any person
who breaks the peace, or may be | 15 | | found violating any of the penal ordinances
of such Authority, | 16 | | or of the City of Rockford or any criminal law of the State.
| 17 | | An arrest may be made by any such officer without a warrant | 18 | | when a criminal
offense is committed or attempted in his | 19 | | presence or when a criminal offense
has, in fact, been | 20 | | committed, and the officer has reasonable ground for
believing | 21 | | that the person to be arrested has committed it. Any person so
| 22 | | arrested shall, without unnecessary delay, be taken by such | 23 | | officer before
the circuit court of the county having | 24 | | jurisdiction of the offense committed
or charged against such |
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| 1 | | person, and such police officer shall thereupon
make and file a | 2 | | complaint in writing under oath, against such defendant,
| 3 | | charging the violation by such defendant of such statute or | 4 | | ordinance, and
such offender shall thereupon be dealt with | 5 | | according to law in the same
manner as if he had been arrested | 6 | | in the first instance under warrant lawfully
issued. However, | 7 | | no member of any such Security Police Force shall be vested
| 8 | | with any police power outside the limits of the metropolitan | 9 | | area except
pursuant to and in accordance with an | 10 | | intergovernmental cooperation agreement
to which the Authority | 11 | | is a party.
| 12 | | In all actions for the violation of any ordinance of the | 13 | | Authority, the
first process shall be a summons or a warrant. A | 14 | | warrant for the arrest
of an accused person may issue upon the | 15 | | affidavit of any person that an
ordinance has been violated, | 16 | | and that person making the complaint has reasonable
grounds to | 17 | | believe that the party charged is guilty thereof. Every person
| 18 | | arrested upon a warrant, without unnecessary delay, shall be | 19 | | taken before
the proper officer for trial.
| 20 | | The Board of the Authority may establish reasonable | 21 | | eligibility requirements
for appointment to such Security | 22 | | Police Force relating to health, habits
and moral character. | 23 | | However, no person may be appointed hereunder unless
that | 24 | | person is at least 21 years of age. No person may be appointed | 25 | | to
or be retained in the Security Police Force unless that | 26 | | person is of good
character and not a habitual drunkard, |
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| 1 | | gambler or a person convicted of
a felony or a crime involving | 2 | | moral turpitude. All such Security Police
Force personnel | 3 | | authorized to carry weapons shall receive a course of training
| 4 | | in the legal and practical use of such weapons as is required | 5 | | of a police
officer under the Peace Officer and Probation | 6 | | Officer Firearm Training Act, and all such Security Police | 7 | | Force
personnel shall also have received the training and | 8 | | certification required
by the Illinois Police Training Act.
| 9 | | (Source: P.A. 90-328, eff. 1-1-98.)
| 10 | | Section 40. The Park District Police Act is amended by | 11 | | changing Section 1 as follows:
| 12 | | (70 ILCS 1325/1) (from Ch. 105, par. 330a)
| 13 | | Sec. 1. Park police powers.
| 14 | | (a) Whenever any park district establishes a
police force | 15 | | under Section 4-7 of the Park District Code, each officer of | 16 | | that
force is vested with police
powers, is authorized to act | 17 | | as a conservator of the peace
within that park district,
and | 18 | | may arrest or cause to be arrested, with or without a warrant, | 19 | | any
person who breaks the peace, or who violates any
ordinance
| 20 | | of a city, town, or village, or of the park district, or any | 21 | | criminal
law of the State.
If a park district maintains an | 22 | | airport, this authority also extends to any
violation of a rule | 23 | | or regulation of a governing federal agency or any federal,
| 24 | | State, or local law relating to that operation. The authority |
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| 1 | | granted under
this Section is expressly limited to park | 2 | | district property and shall not be
construed to extend to any | 3 | | other jurisdiction except in cases of fresh pursuit
or under a | 4 | | validly executed intergovernmental cooperation agreement.
| 5 | | (b) An arrest may be made by a park police officer
without | 6 | | a
warrant when a criminal offense is committed or attempted in | 7 | | his
presence, or when a criminal offense has been committed
and
| 8 | | the officer has reasonable ground for believing that the person | 9 | | to be
arrested has committed it. Any person so arrested shall, | 10 | | without
unnecessary delay, be taken by the officer before the | 11 | | circuit
court of
the county having jurisdiction, and the | 12 | | officer shall file a complaint in writing under oath,
charging
| 13 | | the defendant with a violation of a
statute or ordinance.
| 14 | | (c) A full or part-time police officer employed under this | 15 | | Section shall
comply with the requirements of the Illinois | 16 | | Police Training Act. In addition,
before carrying a firearm, | 17 | | each officer shall complete a training course
under the Peace | 18 | | Officer and Probation Officer Firearm Training Act.
| 19 | | (Source: P.A. 89-458, eff. 5-24-96.)
| 20 | | Section 45. The Private College Campus Police Act is | 21 | | amended by changing Section 1 as follows:
| 22 | | (110 ILCS 1020/1) (from Ch. 144, par. 1951)
| 23 | | Sec. 1.
The Board of Trustees of a private college or | 24 | | private
university, may appoint persons to be members of a |
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| 1 | | campus police
department. The Board shall assign duties, | 2 | | including the enforcement of
college or university | 3 | | regulations, and prescribe the oath of office. With
respect to | 4 | | any such campus police department established for police
| 5 | | protection, the members of such campus police department shall | 6 | | be persons
who have successfully completed the Minimum | 7 | | Standards Basic Law Enforcement
Training Course offered at a | 8 | | police training school established under the
Illinois Police | 9 | | Training Act, as such Act may be now or hereafter amended.
All | 10 | | members of such campus police departments must also | 11 | | successfully
complete the Firearms Training for Peace Officers | 12 | | established under the Peace Officer and Probation Officer | 13 | | Firearm Training Act an Act
in Relation To Firearms Training | 14 | | for Peace Officers, as such Act may be now
or hereafter | 15 | | amended .
Members of the campus police department shall have the | 16 | | powers of municipal
peace officers and county sheriffs, | 17 | | including the power to make arrests
under the circumstances | 18 | | prescribed in Section 107-2 of the Code of
Criminal Procedure | 19 | | of 1963, as amended, for violations of state statutes or
| 20 | | municipal or county ordinances, including the ability to | 21 | | regulate and control traffic on the public way contiguous to | 22 | | the college or university property, for the protection of
| 23 | | students, employees, visitors and their property, and the | 24 | | property branches, and interests of the college or university, | 25 | | in the county where the college or university is located. | 26 | | Campus police shall have no authority to serve civil process.
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| 1 | | Members of the campus police department at a private | 2 | | college or private
university shall not be eligible to | 3 | | participate in any State, county or
municipal retirement fund | 4 | | and shall not be reimbursed for training with
state funds. the | 5 | | uniforms, vehicles, and badges of such officers shall be
| 6 | | distinctive from those of the local law enforcement agency | 7 | | where the main campus is located.
| 8 | | The Board of Trustees shall provide liability insurance | 9 | | coverage for each
member of the campus police department | 10 | | without cost to the member, which
insures the member against | 11 | | any liability which arises out of or in the
course of the | 12 | | member's employment for no less than $250,000 of coverage,
| 13 | | unless such indemnification is provided by a program of | 14 | | self-insurance.
| 15 | | For the purposes of this Section, "private college" or | 16 | | "private
university" means: (1) any college or university which | 17 | | is not owned or
controlled by the State or any political | 18 | | subdivision thereof, and (2) which
provides a program of | 19 | | education in residence leading to a baccalaureate
degree, or | 20 | | which provides a program of education in residence, for which
| 21 | | the baccalaureate degree is a prerequisite, leading to an | 22 | | academic or
professional degree, and (3) which is accredited by | 23 | | the
North Central Association or other nationally recognized | 24 | | accrediting agency.
| 25 | | (Source: P.A. 96-594, eff. 1-1-10.)
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| 1 | | Section 50. The Animal Control Act is amended by changing | 2 | | Section 5 as follows:
| 3 | | (510 ILCS 5/5) (from Ch. 8, par. 355)
| 4 | | Sec. 5. Duties and powers.
| 5 | | (a) It shall be the duty of the Administrator or the Deputy
| 6 | | Administrator, through sterilization,
humane education, rabies
| 7 | | inoculation, stray control, impoundment, quarantine, and any | 8 | | other means deemed
necessary, to control and prevent the spread | 9 | | of rabies and
to exercise dog and cat overpopulation control. | 10 | | It
shall
also be the duty of the Administrator to investigate | 11 | | and substantiate all
claims made under Section 19 of this Act.
| 12 | | (b) Counties may by ordinance determine the extent of the | 13 | | police powers
that may be exercised by the Administrator, | 14 | | Deputy Administrators, and Animal
Control Wardens, which
| 15 | | powers shall pertain only to this Act. The Administrator, | 16 | | Deputy
Administrators, and Animal Control Wardens may issue and | 17 | | serve citations and
orders for violations of
this Act. The
| 18 | | Administrator, Deputy Administrators, and Animal Control | 19 | | Wardens may not
carry weapons unless they have been
| 20 | | specifically authorized to carry weapons by county ordinance. | 21 | | Animal Control
Wardens, however, may use tranquilizer guns and | 22 | | other nonlethal weapons and
equipment without specific
weapons | 23 | | authorization.
| 24 | | A person authorized to carry firearms by county ordinance | 25 | | under this
subsection must have completed the training course |
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| 1 | | for peace officers
prescribed in the Peace Officer and | 2 | | Probation Officer Firearm Training Act. The cost of this
| 3 | | training
shall be paid by the county.
| 4 | | (c) The sheriff and all sheriff's deputies and municipal
| 5 | | police officers shall cooperate with the Administrator and his | 6 | | or her
representatives in carrying out the
provisions of this | 7 | | Act.
| 8 | | (d) The Administrator and animal control wardens shall aid | 9 | | in the enforcement of the Humane Care for Animals Act and have | 10 | | the ability to impound animals and apply for security posting | 11 | | for violation of that Act.
| 12 | | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 13 | | Section 55. The Criminal Code of 2012 is amended by | 14 | | changing Section 24-2 as follows:
| 15 | | (720 ILCS 5/24-2)
| 16 | | Sec. 24-2. Exemptions.
| 17 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 18 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 19 | | the following:
| 20 | | (1) Peace officers, and any person summoned by a peace | 21 | | officer to
assist in making arrests or preserving the | 22 | | peace, while actually engaged in
assisting such officer.
| 23 | | (2) Wardens, superintendents and keepers of prisons,
| 24 | | penitentiaries, jails and other institutions for the |
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| 1 | | detention of persons
accused or convicted of an offense, | 2 | | while in the performance of their
official duty, or while | 3 | | commuting between their homes and places of employment.
| 4 | | (3) Members of the Armed Services or Reserve Forces of | 5 | | the United States
or the Illinois National Guard or the | 6 | | Reserve Officers Training Corps,
while in the performance | 7 | | of their official duty.
| 8 | | (4) Special agents employed by a railroad or a public | 9 | | utility to
perform police functions, and guards of armored | 10 | | car companies, while
actually engaged in the performance of | 11 | | the duties of their employment or
commuting between their | 12 | | homes and places of employment; and watchmen
while actually | 13 | | engaged in the performance of the duties of their | 14 | | employment.
| 15 | | (5) Persons licensed as private security contractors, | 16 | | private
detectives, or private alarm contractors, or | 17 | | employed by an agency
certified by the Department of | 18 | | Financial and Professional Regulation, if their duties
| 19 | | include the carrying of a weapon under the provisions of | 20 | | the Private
Detective, Private Alarm,
Private Security, | 21 | | Fingerprint Vendor, and Locksmith Act of 2004,
while | 22 | | actually
engaged in the performance of the duties of their | 23 | | employment or commuting
between their homes and places of | 24 | | employment, provided that such commuting
is accomplished | 25 | | within one hour from departure from home or place of
| 26 | | employment, as the case may be. A person shall be |
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| 1 | | considered eligible for this
exemption if he or she has | 2 | | completed the required 20
hours of training for a private | 3 | | security contractor, private
detective, or private alarm | 4 | | contractor, or employee of a licensed agency and 20 hours | 5 | | of required firearm
training, and has been issued a firearm | 6 | | control card by
the Department of Financial and | 7 | | Professional Regulation. Conditions for the renewal of
| 8 | | firearm control cards issued under the provisions of this | 9 | | Section
shall be the same as for those cards issued under | 10 | | the provisions of the
Private Detective, Private Alarm,
| 11 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 12 | | 2004. The
firearm control card shall be carried by the | 13 | | private security contractor, private
detective, or private | 14 | | alarm contractor, or employee of the licensed agency at all
| 15 | | times when he or she is in possession of a concealable | 16 | | weapon.
| 17 | | (6) Any person regularly employed in a commercial or | 18 | | industrial
operation as a security guard for the protection | 19 | | of persons employed
and private property related to such | 20 | | commercial or industrial
operation, while actually engaged | 21 | | in the performance of his or her
duty or traveling between | 22 | | sites or properties belonging to the
employer, and who, as | 23 | | a security guard, is a member of a security force of
at | 24 | | least 5 persons registered with the Department of Financial | 25 | | and Professional
Regulation; provided that such security | 26 | | guard has successfully completed a
course of study, |
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| 1 | | approved by and supervised by the Department of
Financial | 2 | | and Professional Regulation, consisting of not less than 40 | 3 | | hours of training
that includes the theory of law | 4 | | enforcement, liability for acts, and the
handling of | 5 | | weapons. A person shall be considered eligible for this
| 6 | | exemption if he or she has completed the required 20
hours | 7 | | of training for a security officer and 20 hours of required | 8 | | firearm
training, and has been issued a firearm control | 9 | | card by
the Department of Financial and Professional | 10 | | Regulation. Conditions for the renewal of
firearm control | 11 | | cards issued under the provisions of this Section
shall be | 12 | | the same as for those cards issued under the provisions of | 13 | | the
Private Detective, Private Alarm,
Private Security, | 14 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 15 | | control card shall be carried by the security guard at all
| 16 | | times when he or she is in possession of a concealable | 17 | | weapon.
| 18 | | (7) Agents and investigators of the Illinois | 19 | | Legislative Investigating
Commission authorized by the | 20 | | Commission to carry the weapons specified in
subsections | 21 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 22 | | any investigation for the Commission.
| 23 | | (8) Persons employed by a financial institution for the | 24 | | protection of
other employees and property related to such | 25 | | financial institution, while
actually engaged in the | 26 | | performance of their duties, commuting between
their homes |
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| 1 | | and places of employment, or traveling between sites or
| 2 | | properties owned or operated by such financial | 3 | | institution, provided that
any person so employed has | 4 | | successfully completed a course of study,
approved by and | 5 | | supervised by the Department of Financial and Professional | 6 | | Regulation,
consisting of not less than 40 hours of | 7 | | training which includes theory of
law enforcement, | 8 | | liability for acts, and the handling of weapons.
A person | 9 | | shall be considered to be eligible for this exemption if he | 10 | | or
she has completed the required 20 hours of training for | 11 | | a security officer
and 20 hours of required firearm | 12 | | training, and has been issued a
firearm control card by the | 13 | | Department of Financial and Professional Regulation.
| 14 | | Conditions for renewal of firearm control cards issued | 15 | | under the
provisions of this Section shall be the same as | 16 | | for those issued under the
provisions of the Private | 17 | | Detective, Private Alarm,
Private Security, Fingerprint | 18 | | Vendor, and Locksmith Act of 2004.
Such firearm control | 19 | | card shall be carried by the person so
trained at all times | 20 | | when such person is in possession of a concealable
weapon. | 21 | | For purposes of this subsection, "financial institution" | 22 | | means a
bank, savings and loan association, credit union or | 23 | | company providing
armored car services.
| 24 | | (9) Any person employed by an armored car company to | 25 | | drive an armored
car, while actually engaged in the | 26 | | performance of his duties.
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| 1 | | (10) Persons who have been classified as peace officers | 2 | | pursuant
to the Peace Officer Fire Investigation Act.
| 3 | | (11) Investigators of the Office of the State's | 4 | | Attorneys Appellate
Prosecutor authorized by the board of | 5 | | governors of the Office of the
State's Attorneys Appellate | 6 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 7 | | State's Attorneys Appellate Prosecutor's Act.
| 8 | | (12) Special investigators appointed by a State's | 9 | | Attorney under
Section 3-9005 of the Counties Code.
| 10 | | (12.5) Probation officers while in the performance of | 11 | | their duties, or
while commuting between their homes, | 12 | | places of employment or specific locations
that are part of | 13 | | their assigned duties, with the consent of the chief judge | 14 | | of
the circuit for which they are employed , if they have | 15 | | received weapons training according
to requirements of the | 16 | | Peace Officer and Probation Officer Firearm Training Act .
| 17 | | (13) Court Security Officers while in the performance | 18 | | of their official
duties, or while commuting between their | 19 | | homes and places of employment, with
the
consent of the | 20 | | Sheriff.
| 21 | | (13.5) A person employed as an armed security guard at | 22 | | a nuclear energy,
storage, weapons or development site or | 23 | | facility regulated by the Nuclear
Regulatory Commission | 24 | | who has completed the background screening and training
| 25 | | mandated by the rules and regulations of the Nuclear | 26 | | Regulatory Commission.
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| 1 | | (14) Manufacture, transportation, or sale of weapons | 2 | | to
persons
authorized under subdivisions (1) through | 3 | | (13.5) of this
subsection
to
possess those weapons.
| 4 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 5 | | to
or affect any person carrying a concealed pistol, revolver, | 6 | | or handgun and the person has been issued a currently valid | 7 | | license under the Firearm Concealed Carry Act at the time of | 8 | | the commission of the offense. | 9 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 10 | | 24-1.6 do not
apply to or affect
any of the following:
| 11 | | (1) Members of any club or organization organized for | 12 | | the purpose of
practicing shooting at targets upon | 13 | | established target ranges, whether
public or private, and | 14 | | patrons of such ranges, while such members
or patrons are | 15 | | using their firearms on those target ranges.
| 16 | | (2) Duly authorized military or civil organizations | 17 | | while parading,
with the special permission of the | 18 | | Governor.
| 19 | | (3) Hunters, trappers or fishermen with a license or
| 20 | | permit while engaged in hunting,
trapping or fishing.
| 21 | | (4) Transportation of weapons that are broken down in a
| 22 | | non-functioning state or are not immediately accessible.
| 23 | | (5) Carrying or possessing any pistol, revolver, stun | 24 | | gun or taser or other firearm on the land or in the legal | 25 | | dwelling of another person as an invitee with that person's | 26 | | permission. |
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| 1 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 2 | | of the
following:
| 3 | | (1) Peace officers while in performance of their | 4 | | official duties.
| 5 | | (2) Wardens, superintendents and keepers of prisons, | 6 | | penitentiaries,
jails and other institutions for the | 7 | | detention of persons accused or
convicted of an offense.
| 8 | | (3) Members of the Armed Services or Reserve Forces of | 9 | | the United States
or the Illinois National Guard, while in | 10 | | the performance of their official
duty.
| 11 | | (4) Manufacture, transportation, or sale of machine | 12 | | guns to persons
authorized under subdivisions (1) through | 13 | | (3) of this subsection to
possess machine guns, if the | 14 | | machine guns are broken down in a
non-functioning state or | 15 | | are not immediately accessible.
| 16 | | (5) Persons licensed under federal law to manufacture | 17 | | any weapon from
which 8 or more shots or bullets can be | 18 | | discharged by a
single function of the firing device, or | 19 | | ammunition for such weapons, and
actually engaged in the | 20 | | business of manufacturing such weapons or
ammunition, but | 21 | | only with respect to activities which are within the lawful
| 22 | | scope of such business, such as the manufacture, | 23 | | transportation, or testing
of such weapons or ammunition. | 24 | | This exemption does not authorize the
general private | 25 | | possession of any weapon from which 8 or more
shots or | 26 | | bullets can be discharged by a single function of the |
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| 1 | | firing
device, but only such possession and activities as | 2 | | are within the lawful
scope of a licensed manufacturing | 3 | | business described in this paragraph.
| 4 | | During transportation, such weapons shall be broken | 5 | | down in a
non-functioning state or not immediately | 6 | | accessible.
| 7 | | (6) The manufacture, transport, testing, delivery, | 8 | | transfer or sale,
and all lawful commercial or experimental | 9 | | activities necessary thereto, of
rifles, shotguns, and | 10 | | weapons made from rifles or shotguns,
or ammunition for | 11 | | such rifles, shotguns or weapons, where engaged in
by a | 12 | | person operating as a contractor or subcontractor pursuant | 13 | | to a
contract or subcontract for the development and supply | 14 | | of such rifles,
shotguns, weapons or ammunition to the | 15 | | United States government or any
branch of the Armed Forces | 16 | | of the United States, when such activities are
necessary | 17 | | and incident to fulfilling the terms of such contract.
| 18 | | The exemption granted under this subdivision (c)(6)
| 19 | | shall also apply to any authorized agent of any such | 20 | | contractor or
subcontractor who is operating within the | 21 | | scope of his employment, where
such activities involving | 22 | | such weapon, weapons or ammunition are necessary
and | 23 | | incident to fulfilling the terms of such contract.
| 24 | | (7) A person possessing a rifle with a barrel or | 25 | | barrels less than 16 inches in length if: (A) the person | 26 | | has been issued a Curios and Relics license from the U.S. |
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| 1 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 2 | | the person is an active member of a bona fide, nationally | 3 | | recognized military re-enacting group and the modification | 4 | | is required and necessary to accurately portray the weapon | 5 | | for historical re-enactment purposes; the re-enactor is in | 6 | | possession of a valid and current re-enacting group | 7 | | membership credential; and the overall length of the weapon | 8 | | as modified is not less than 26 inches. | 9 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 10 | | possession
or carrying of a black-jack or slung-shot by a peace | 11 | | officer.
| 12 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 13 | | manager or
authorized employee of any place specified in that | 14 | | subsection nor to any
law enforcement officer.
| 15 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 16 | | Section 24-1.6
do not apply
to members of any club or | 17 | | organization organized for the purpose of practicing
shooting | 18 | | at targets upon established target ranges, whether public or | 19 | | private,
while using their firearms on those target ranges.
| 20 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 21 | | to:
| 22 | | (1) Members of the Armed Services or Reserve Forces of | 23 | | the United
States or the Illinois National Guard, while in | 24 | | the performance of their
official duty.
| 25 | | (2) Bonafide collectors of antique or surplus military | 26 | | ordinance.
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| 1 | | (3) Laboratories having a department of forensic | 2 | | ballistics, or
specializing in the development of | 3 | | ammunition or explosive ordinance.
| 4 | | (4) Commerce, preparation, assembly or possession of | 5 | | explosive
bullets by manufacturers of ammunition licensed | 6 | | by the federal government,
in connection with the supply of | 7 | | those organizations and persons exempted
by subdivision | 8 | | (g)(1) of this Section, or like organizations and persons
| 9 | | outside this State, or the transportation of explosive | 10 | | bullets to any
organization or person exempted in this | 11 | | Section by a common carrier or by a
vehicle owned or leased | 12 | | by an exempted manufacturer.
| 13 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 14 | | persons licensed
under federal law to manufacture any device or | 15 | | attachment of any kind designed,
used, or intended for use in | 16 | | silencing the report of any firearm, firearms, or
ammunition
| 17 | | for those firearms equipped with those devices, and actually | 18 | | engaged in the
business of manufacturing those devices, | 19 | | firearms, or ammunition, but only with
respect to
activities | 20 | | that are within the lawful scope of that business, such as the
| 21 | | manufacture, transportation, or testing of those devices, | 22 | | firearms, or
ammunition. This
exemption does not authorize the | 23 | | general private possession of any device or
attachment of any | 24 | | kind designed, used, or intended for use in silencing the
| 25 | | report of any firearm, but only such possession and activities | 26 | | as are within
the
lawful scope of a licensed manufacturing |
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| 1 | | business described in this subsection
(g-5). During | 2 | | transportation, these devices shall be detached from any weapon
| 3 | | or
not immediately accessible.
| 4 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 5 | | 24-1.6 do not apply to
or affect any parole agent or parole | 6 | | supervisor who meets the qualifications and conditions | 7 | | prescribed in Section 3-14-1.5 of the Unified Code of | 8 | | Corrections. | 9 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 10 | | officer while serving as a member of a tactical response team | 11 | | or special operations team. A peace officer may not personally | 12 | | own or apply for ownership of a device or attachment of any | 13 | | kind designed, used, or intended for use in silencing the | 14 | | report of any firearm. These devices shall be owned and | 15 | | maintained by lawfully recognized units of government whose | 16 | | duties include the investigation of criminal acts. | 17 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 18 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 19 | | athlete's possession, transport on official Olympic and | 20 | | Paralympic transit systems established for athletes, or use of | 21 | | competition firearms sanctioned by the International Olympic | 22 | | Committee, the International Paralympic Committee, the | 23 | | International Shooting Sport Federation, or USA Shooting in | 24 | | connection with such athlete's training for and participation | 25 | | in shooting competitions at the 2016 Olympic and Paralympic | 26 | | Games and sanctioned test events leading up to the 2016 Olympic |
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| 1 | | and Paralympic Games. | 2 | | (h) An information or indictment based upon a violation of | 3 | | any
subsection of this Article need not negative any exemptions | 4 | | contained in
this Article. The defendant shall have the burden | 5 | | of proving such an
exemption.
| 6 | | (i) Nothing in this Article shall prohibit, apply to, or | 7 | | affect
the transportation, carrying, or possession, of any | 8 | | pistol or revolver,
stun gun, taser, or other firearm consigned | 9 | | to a common carrier operating
under license of the State of | 10 | | Illinois or the federal government, where
such transportation, | 11 | | carrying, or possession is incident to the lawful
| 12 | | transportation in which such common carrier is engaged; and | 13 | | nothing in this
Article shall prohibit, apply to, or affect the | 14 | | transportation, carrying,
or possession of any pistol, | 15 | | revolver, stun gun, taser, or other firearm,
not the subject of | 16 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 17 | | this Article, which is unloaded and enclosed in a case, firearm
| 18 | | carrying box, shipping box, or other container, by the | 19 | | possessor of a valid
Firearm Owners Identification Card.
| 20 | | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; | 21 | | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; | 22 | | 98-463, eff. 8-16-13.) | 23 | | Section 60. The Probation and Probation Officers Act is | 24 | | amended by adding Section 17 as follows: |
| | | 09800HB4417sam002 | - 38 - | LRB098 18638 RLC 59788 a |
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| 1 | | (730 ILCS 110/17 new) | 2 | | Sec. 17. Authorization to carry weapons. Probation
| 3 | | officers may only carry weapons while in the performance of
| 4 | | their official duties, or while commuting between their homes,
| 5 | | places of employment, or specific locations that are part of
| 6 | | their assigned duties, provided they have received the prior
| 7 | | consent of the Chief Judge of the Circuit Court for which they
| 8 | | are employed, and they have received weapons training according
| 9 | | to requirements of the Peace Officer and Probation Officer | 10 | | Firearm Training Act. ".
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