Full Text of HB5910 99th General Assembly
HB5910 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5910 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/2-13 | from Ch. 38, par. 2-13 | 745 ILCS 22/5 | |
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Amends the Criminal Code of 2012. Changes references of various federal law enforcement agencies from their previous names to their current names. Includes in the definition of "peace officer" under the Criminal Code of 2012 for particular purposes: (1) Amtrak Police; (2) Federal Reserve Police; (3) the United States Department of Veterans Affairs Police; and (4) U.S. Probation and Pre-trial Services. Amends the Federal Law Enforcement Officer Immunity Act to make conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning federal law enforcement agencies.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 2-13 as follows:
| 6 | | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| 7 | | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | 8 | | person who by
virtue of his office or public
employment is | 9 | | vested by law with a duty to maintain public order or to make
| 10 | | arrests for offenses, whether that duty extends to all offenses | 11 | | or is
limited to specific offenses, or (ii) any person who, by | 12 | | statute, is granted and authorized to exercise powers similar | 13 | | to those conferred upon any peace officer employed by a law | 14 | | enforcement agency of this State.
| 15 | | For purposes of Sections concerning unlawful use of | 16 | | weapons,
for the purposes of assisting an Illinois peace | 17 | | officer in an arrest, or when
the commission of any offense | 18 | | under Illinois law is directly observed by the
person, and | 19 | | statutes involving the false personation of a peace officer, | 20 | | false personation of a peace officer while carrying a deadly | 21 | | weapon, false personation of a peace officer in attempting or | 22 | | committing a felony, and false personation of a peace officer | 23 | | in attempting or committing a forcible felony, then officers, |
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| 1 | | agents, or employees of the federal government
commissioned by
| 2 | | federal statute to make arrests for violations of federal | 3 | | criminal laws
shall be considered "peace officers" under this | 4 | | Code, including, but not
limited to all criminal investigators | 5 | | of:
| 6 | | (1) the United States Department of Justice, the | 7 | | Federal Bureau of
Investigation, the Drug Enforcement | 8 | | Agency and all United States Marshals or Deputy United | 9 | | States Marshals whose
duties involve the enforcement of | 10 | | federal criminal laws the Department of
Immigration and | 11 | | Naturalization ;
| 12 | | (1.5) the United States Department of Homeland | 13 | | Security, United States Citizenship and Immigration | 14 | | Services,
United States Coast Guard, United States Customs | 15 | | and Border Protection,
and United States Immigration and | 16 | | Customs Enforcement; | 17 | | (2) the United States Department of the Treasury, the | 18 | | Alcohol and Tobacco Tax and Trade Bureau, and the United | 19 | | States the Secret Service ,
the Bureau of Alcohol, Tobacco | 20 | | and Firearms and the Customs Service ;
| 21 | | (3) the United States Internal Revenue Service;
| 22 | | (4) the United States General Services Administration;
| 23 | | (5) the United States Postal Service;
| 24 | | (6) (blank); all United States Marshals or Deputy | 25 | | United States Marshals whose
duties involve the | 26 | | enforcement of federal criminal laws; and
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| 1 | | (7) the United States Department of Defense ; .
| 2 | | (8) Amtrak Police; | 3 | | (9) Federal Reserve Police; | 4 | | (10) the United States Department of Veterans Affairs | 5 | | Police; and | 6 | | (11) U.S. Probation and Pre-trial Services. | 7 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 8 | | Section 10. The Federal Law Enforcement Officer Immunity | 9 | | Act is amended by changing Section 5 as follows:
| 10 | | (745 ILCS 22/5)
| 11 | | Sec. 5. Definition. As used in this Act, "federal law | 12 | | enforcement
officer" means any officer, agent or employee of | 13 | | the federal government
commissioned by federal statute to make | 14 | | arrests for violations of federal
criminal laws, including but | 15 | | not limited to, all criminal investigators of:
| 16 | | (a) The United States Department of Justice, the The | 17 | | Federal Bureau of
Investigation, the The Drug Enforcement | 18 | | Agency and all United States Marshals or Deputy United States | 19 | | Marshals whose
duties involve the enforcement of federal | 20 | | criminal laws and The Department of Immigration
and | 21 | | Naturalization ;
| 22 | | (a-5) The United States Department of Homeland Security, | 23 | | United States Citizenship and Immigration Services,
United | 24 | | States Coast Guard, United States Customs and Border |
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| 1 | | Protection,
and United States Immigration and Customs | 2 | | Enforcement; | 3 | | (b) The United States Department of the Treasury, the | 4 | | Alcohol and Tobacco Tax and Trade Bureau, and the United States | 5 | | The Secret Service , The
Bureau of Alcohol, Tobacco and Firearms | 6 | | and The Customs Service ;
| 7 | | (c) The United States Internal Revenue Service;
| 8 | | (d) The United States General Services Administration;
| 9 | | (e) The United States Postal Service; and
| 10 | | (f) (Blank); All United States Marshals or Deputy United | 11 | | States Marshals whose
duties involve the enforcement of federal | 12 | | criminal laws.
| 13 | | (g) The United States Department of Defense; | 14 | | (h) Amtrak Police; | 15 | | (i) Federal Reserve Police; | 16 | | (j) the United States Department of Veterans Affairs | 17 | | Police; and | 18 | | (k) U.S. Probation and Pre-trial Services. | 19 | | (Source: P.A. 95-331, eff. 8-21-07.)
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