Full Text of HB5910 99th General Assembly
HB5910enr 99TH GENERAL ASSEMBLY |
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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 1. The Illinois Police Training Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (50 ILCS 705/3) (from Ch. 85, par. 503)
| 7 | | Sec. 3. Board - composition - appointments - tenure - | 8 | | vacancies. The Board
shall be composed of 19 20 members | 9 | | selected as follows: The Attorney
General of
the State of | 10 | | Illinois, the Director of State Police, the Director of
| 11 | | Corrections, the Superintendent of the
Chicago Police | 12 | | Department, the Sheriff of Cook County, the Director of the
| 13 | | Illinois Police Training Institute, the Special Agent in Charge | 14 | | of the
Springfield, Illinois, division of the Federal Bureau of | 15 | | Investigation, the Clerk of the Circuit Court of Cook County, | 16 | | and the following
to be appointed by the Governor: 2 mayors or | 17 | | village presidents of Illinois
municipalities, 2 Illinois | 18 | | county sheriffs from counties other than Cook
County, 2 | 19 | | managers of Illinois municipalities, 2 chiefs of municipal | 20 | | police
departments in Illinois having no Superintendent of the | 21 | | Police Department on
the Board, 2 citizens of Illinois who | 22 | | shall be members of
an organized enforcement officers' | 23 | | association, one active member of a statewide association |
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| 1 | | representing sheriffs, and one active member of a statewide | 2 | | association representing municipal police chiefs. The | 3 | | appointments of the Governor
shall be made on the first Monday | 4 | | of August in 1965 with 3 of the appointments
to be for a period | 5 | | of one year, 3 for 2 years, and 3 for 3 years. Their
successors | 6 | | shall be appointed in like manner for terms to expire the first
| 7 | | Monday of August each 3 years thereafter. All members shall | 8 | | serve until their
respective successors are appointed and | 9 | | qualify. Vacancies shall be filled by
the Governor for the | 10 | | unexpired terms.
| 11 | | (Source: P.A. 97-327, eff. 1-1-12; 97-747, eff. 7-6-12.)
| 12 | | Section 5. The Criminal Code of 2012 is amended by changing | 13 | | Section 2-13 as follows:
| 14 | | (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| 15 | | Sec. 2-13. "Peace officer". "Peace officer" means (i) any | 16 | | person who by
virtue of his office or public
employment is | 17 | | vested by law with a duty to maintain public order or to make
| 18 | | arrests for offenses, whether that duty extends to all offenses | 19 | | or is
limited to specific offenses, or (ii) any person who, by | 20 | | statute, is granted and authorized to exercise powers similar | 21 | | to those conferred upon any peace officer employed by a law | 22 | | enforcement agency of this State.
| 23 | | For purposes of Sections concerning unlawful use of | 24 | | weapons,
for the purposes of assisting an Illinois peace |
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| 1 | | officer in an arrest, or when
the commission of any offense | 2 | | under Illinois law is directly observed by the
person, and | 3 | | statutes involving the false personation of a peace officer, | 4 | | false personation of a peace officer while carrying a deadly | 5 | | weapon, false personation of a peace officer in attempting or | 6 | | committing a felony, and false personation of a peace officer | 7 | | in attempting or committing a forcible felony, then officers, | 8 | | agents, or employees of the federal government
commissioned by
| 9 | | federal statute to make arrests for violations of federal | 10 | | criminal laws
shall be considered "peace officers" under this | 11 | | Code, including, but not
limited to all criminal investigators | 12 | | of:
| 13 | | (1) the United States Department of Justice, the | 14 | | Federal Bureau of
Investigation, the Drug Enforcement | 15 | | Agency and all United States Marshals or Deputy United | 16 | | States Marshals whose
duties involve the enforcement of | 17 | | federal criminal laws the Department of
Immigration and | 18 | | Naturalization ;
| 19 | | (1.5) the United States Department of Homeland | 20 | | Security, United States Citizenship and Immigration | 21 | | Services,
United States Coast Guard, United States Customs | 22 | | and Border Protection,
and United States Immigration and | 23 | | Customs Enforcement; | 24 | | (2) the United States Department of the Treasury, the | 25 | | Alcohol and Tobacco Tax and Trade Bureau, and the United | 26 | | States the Secret Service ,
the Bureau of Alcohol, Tobacco |
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| 1 | | and Firearms and the Customs Service ;
| 2 | | (3) the United States Internal Revenue Service;
| 3 | | (4) the United States General Services Administration;
| 4 | | (5) the United States Postal Service;
| 5 | | (6) (blank); and all United States Marshals or Deputy | 6 | | United States Marshals whose
duties involve the | 7 | | enforcement of federal criminal laws; and
| 8 | | (7) the United States Department of Defense.
| 9 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 10 | | Section 10. The Federal Law Enforcement Officer Immunity | 11 | | Act is amended by changing Section 5 as follows:
| 12 | | (745 ILCS 22/5)
| 13 | | Sec. 5. Definition. As used in this Act, "federal law | 14 | | enforcement
officer" means any officer, agent or employee of | 15 | | the federal government
commissioned by federal statute to make | 16 | | arrests for violations of federal
criminal laws, including but | 17 | | not limited to, all criminal investigators of:
| 18 | | (a) The United States Department of Justice, the The | 19 | | Federal Bureau of
Investigation, the The Drug Enforcement | 20 | | Agency and all United States Marshals or Deputy United States | 21 | | Marshals whose
duties involve the enforcement of federal | 22 | | criminal laws and The Department of Immigration
and | 23 | | Naturalization ;
| 24 | | (a-5) The United States Department of Homeland Security, |
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| 1 | | United States Citizenship and Immigration Services,
United | 2 | | States Coast Guard, United States Customs and Border | 3 | | Protection,
and United States Immigration and Customs | 4 | | Enforcement; | 5 | | (b) The United States Department of the Treasury, the | 6 | | Alcohol and Tobacco Tax and Trade Bureau, and the United States | 7 | | The Secret Service , The
Bureau of Alcohol, Tobacco and Firearms | 8 | | and The Customs Service ;
| 9 | | (c) The United States Internal Revenue Service;
| 10 | | (d) The United States General Services Administration;
| 11 | | (e) The United States Postal Service; and
| 12 | | (f) (Blank); and All United States Marshals or Deputy | 13 | | United States Marshals whose
duties involve the enforcement of | 14 | | federal criminal laws.
| 15 | | (g) The United States Department of Defense. | 16 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 17 | | Section 99. Effective date. This Section and Section 1 take | 18 | | effect upon becoming law.
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