Full Text of HB5688 98th General Assembly
HB5688ham001 98TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 3/14/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5688
| 2 | | AMENDMENT NO. ______. Amend House Bill 5688 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Law | 5 | | Enforcement Officer Bulletproof Vest Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Armor vest" or "bulletproof vest" means body armor, no | 8 | | less than
Type I, which has been tested through the voluntary | 9 | | compliance
testing program operated by the National Law | 10 | | Enforcement and
Corrections Technology Center of the National | 11 | | Institute of
Justice, and found to meet or exceed the | 12 | | requirements of
National Institute of Justice Standard | 13 | | 0101.03, or any subsequent revision of that
standard. | 14 | | "Law enforcement agency" means an agency of this State or | 15 | | unit of local government
which is vested by law or ordinance | 16 | | with the duty to maintain public order
and to enforce criminal |
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| 1 | | laws or ordinances. | 2 | | "Law enforcement officer" means any officer,
agent, or | 3 | | employee of this State or a unit of local government authorized | 4 | | by law or by a government agency
to engage in or supervise the | 5 | | prevention, detection, or
investigation of any violation of | 6 | | criminal law, or authorized by
law to supervise sentenced | 7 | | criminal offenders. | 8 | | "Recruit" means any full-time or part-time law enforcement | 9 | | officer or full-time county corrections officer who is enrolled | 10 | | in an approved training course. | 11 | | Section 10. Law enforcement agencies to provide | 12 | | bulletproof vests for officers. | 13 | | (a) Each law enforcement agency within this State shall | 14 | | provide a bulletproof vest for every law enforcement officer of | 15 | | that agency who is employed as a new recruit by that agency on | 16 | | or after the effective date of this Act as part of the | 17 | | officer's initial equipment issue. | 18 | | (b) All officer bulletproof vests shall be replaced before | 19 | | or at the expiration of the warranty period of the vest at the | 20 | | expense of the law enforcement agency. | 21 | | (c) The State or unit of local government which has | 22 | | jurisdiction over the law enforcement agency shall apply to the | 23 | | United States Department of Justice under the Bulletproof Vest | 24 | | Partnership Grant Act of 1998 or a successor Act for matching | 25 | | grants of the purchase price of the bulletproof vests for the |
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| 1 | | officers of the law enforcement agency. | 2 | | (d) If the law enforcement agency is a local law | 3 | | enforcement agency and not a State agency, the costs of | 4 | | purchasing the bulletproof vests shall be from State funds and | 5 | | from the funds of the unit of local government, including the | 6 | | matching grants received from the United States Department of | 7 | | Justice. | 8 | | Section 15. Applicability. If substantial funding for the | 9 | | purchase of bulletproof vests is provided
to law enforcement | 10 | | agencies by the federal government and State government, the | 11 | | law
enforcement agency shall comply with the provisions of this | 12 | | Act. This Act does not apply to a
law enforcement agency if any | 13 | | one of the following is applicable: | 14 | | (1) substantial funding, as determined by the Illinois Law | 15 | | Enforcement Training
Standards Board, is not provided to that | 16 | | agency by the federal and State
government; | 17 | | (2) the law enforcement agency collectively bargains with | 18 | | its officers or exclusive
representative of the officers for | 19 | | uniform allowances, and bulletproof vests are
considered to be | 20 | | a part of the uniform for which the allowance is given; or | 21 | | (3) the law enforcement agency collectively bargains with | 22 | | its officers or exclusive
representative of the officers for | 23 | | the provision of bulletproof vests.
| 24 | | Section 905. The Illinois Police Training Act is amended by |
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| 1 | | changing Section 9 as follows:
| 2 | | (50 ILCS 705/9) (from Ch. 85, par. 509)
| 3 | | Sec. 9.
A special fund is hereby established in the State | 4 | | Treasury to
be known as "The Traffic and Criminal Conviction | 5 | | Surcharge Fund" and shall
be financed as provided in Section | 6 | | 9.1 of this Act and Section 5-9-1 of the
"Unified Code of | 7 | | Corrections", unless the fines, costs or additional
amounts | 8 | | imposed are subject to disbursement by the circuit clerk under
| 9 | | Section 27.5 of the Clerks of Courts Act. Moneys in this Fund | 10 | | shall be
expended as follows:
| 11 | | (1) A portion of the total amount deposited in the Fund | 12 | | may be used, as
appropriated by the General Assembly, for | 13 | | the ordinary and contingent expenses
of the Illinois Law | 14 | | Enforcement Training Standards Board;
| 15 | | (2) A portion of the total amount deposited in the Fund
| 16 | | shall be appropriated for the reimbursement of local | 17 | | governmental agencies
participating in training programs | 18 | | certified by the Board, in an amount
equaling 1/2 of the | 19 | | total sum paid by such agencies during the State's previous
| 20 | | fiscal year for mandated training for probationary police | 21 | | officers or
probationary county corrections officers and | 22 | | for optional advanced and
specialized law enforcement or | 23 | | county corrections training. These
reimbursements may | 24 | | include the costs for tuition at training schools, the
| 25 | | salaries of trainees while in schools, and the necessary |
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| 1 | | travel and room
and board expenses for each trainee. If the | 2 | | appropriations under this
paragraph (2) are not sufficient | 3 | | to fully reimburse the participating local
governmental | 4 | | agencies, the available funds shall be apportioned among | 5 | | such
agencies, with priority first given to repayment of | 6 | | the costs of mandatory
training given to law enforcement | 7 | | officer or county corrections officer
recruits, then to | 8 | | repayment of costs of advanced or specialized training
for | 9 | | permanent police officers or permanent county corrections | 10 | | officers;
| 11 | | (3) A portion of the total amount deposited in the Fund | 12 | | may be used to
fund the "Intergovernmental Law Enforcement | 13 | | Officer's In-Service Training
Act", veto overridden | 14 | | October 29, 1981, as now or hereafter amended, at
a rate | 15 | | and method to be determined by the board;
| 16 | | (4) A portion of the Fund also may be used by the | 17 | | Illinois Department
of State Police for expenses incurred | 18 | | in the training of employees from
any State, county or | 19 | | municipal agency whose function includes enforcement
of | 20 | | criminal or traffic law;
| 21 | | (5) A portion of the Fund may be used by the Board to | 22 | | fund grant-in-aid
programs and services for the training of | 23 | | employees from any county or
municipal agency whose | 24 | | functions include corrections or the enforcement of
| 25 | | criminal or traffic
law; and
| 26 | | (6) For fiscal years 2013 and 2014 only, a portion of |
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| 1 | | the Fund also may be used by the
Department of State Police | 2 | | to finance any of its lawful purposes or functions ; and . | 3 | | (7) A portion of the Fund may be used by the Board, | 4 | | subject to appropriation, to administer grants to local law | 5 | | enforcement agencies for the purpose of purchasing | 6 | | bulletproof vests under the Law Enforcement Officer | 7 | | Bulletproof Vest Act. | 8 | | All payments from the Traffic and Criminal Conviction | 9 | | Surcharge Fund shall
be made each year from moneys appropriated | 10 | | for the purposes specified in
this Section. No more than 50% of | 11 | | any appropriation under this Act shall be
spent in any city | 12 | | having a population of more than 500,000. The State
Comptroller | 13 | | and the State Treasurer shall from time to time, at the
| 14 | | direction of the Governor, transfer from the Traffic and | 15 | | Criminal
Conviction Surcharge Fund to the General Revenue Fund | 16 | | in the State Treasury
such amounts as the Governor determines | 17 | | are in excess of the amounts
required to meet the obligations | 18 | | of the Traffic and Criminal Conviction
Surcharge Fund.
| 19 | | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)".
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