Full Text of HB0305 100th General Assembly
HB0305enr 100TH GENERAL ASSEMBLY |
| | HB0305 Enrolled | | LRB100 00068 AWJ 10072 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 10-2.1-6 as follows:
| 6 | | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| 7 | | Sec. 10-2.1-6. Examination of applicants; | 8 | | disqualifications.
| 9 | | (a) All applicants for a position in either the fire or | 10 | | police department
of the municipality shall be under 35 years | 11 | | of age, shall be subject to an
examination that shall be | 12 | | public, competitive, and open to all applicants
(unless the | 13 | | council or board of trustees by ordinance limit applicants to
| 14 | | electors of the municipality, county, state or nation) and | 15 | | shall be subject to
reasonable limitations as to residence, | 16 | | health, habits, and moral character.
The municipality may not | 17 | | charge or collect any fee from an applicant who has
met all | 18 | | prequalification standards established by the municipality for | 19 | | any such
position. With respect to a police department, a | 20 | | veteran shall be allowed to exceed the maximum age provision of | 21 | | this Section by the number of years served on active military | 22 | | duty, but by no more than 10 years of active military duty.
| 23 | | (b) Residency requirements in effect at the time an |
| | | HB0305 Enrolled | - 2 - | LRB100 00068 AWJ 10072 b |
|
| 1 | | individual enters the
fire or police service of a municipality | 2 | | (other than a municipality that
has more than 1,000,000 | 3 | | inhabitants) cannot be made more restrictive for
that | 4 | | individual during his period of service for that municipality, | 5 | | or be
made a condition of promotion, except for the rank or | 6 | | position of Fire or
Police Chief.
| 7 | | (c) No person with a record of misdemeanor convictions | 8 | | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | 9 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | 10 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, | 11 | | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | 12 | | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8) | 13 | | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, or arrested for any cause but not
convicted on | 15 | | that cause shall be disqualified from taking the examination to
| 16 | | qualify for a position in the fire department on grounds of | 17 | | habits or moral
character.
| 18 | | (d) The age limitation in subsection (a) does not apply (i) | 19 | | to any person
previously employed as a policeman or fireman in | 20 | | a regularly constituted police
or fire department of (I) any | 21 | | municipality, regardless of whether the municipality is | 22 | | located in Illinois or in another state, or (II) a fire | 23 | | protection district
whose obligations were assumed by a | 24 | | municipality under Section 21 of the Fire
Protection District | 25 | | Act, (ii) to any person who has served a municipality as a
| 26 | | regularly enrolled volunteer fireman for 5 years immediately |
| | | HB0305 Enrolled | - 3 - | LRB100 00068 AWJ 10072 b |
|
| 1 | | preceding the time
that municipality begins to use full time | 2 | | firemen to provide all or part of its
fire protection service, | 3 | | or (iii) to any person who has served as an auxiliary police | 4 | | officer under Section 3.1-30-20 for at least 5 years and is | 5 | | under 40 years of
age, (iv) to any person who has served as a | 6 | | deputy under Section 3-6008 of
the Counties Code and otherwise | 7 | | meets necessary training requirements, or (v) to any person who | 8 | | has served as a sworn officer as a member of the Illinois | 9 | | Department of State Police.
| 10 | | (e) Applicants who are 20 years of age and who have | 11 | | successfully completed 2
years of law enforcement studies at an | 12 | | accredited college or university may be
considered for | 13 | | appointment to active duty with the police department. An
| 14 | | applicant described in this subsection (e) who is appointed to | 15 | | active duty
shall not have power of arrest, nor shall the | 16 | | applicant be permitted to carry
firearms, until he or she | 17 | | reaches 21 years of age.
| 18 | | (f) Applicants who are 18 years of age and who have | 19 | | successfully
completed 2 years of study in fire techniques, | 20 | | amounting to a total of 4
high school credits, within the cadet | 21 | | program of a municipality may be
considered for appointment to | 22 | | active duty with the fire department of any
municipality.
| 23 | | (g) The council or board of trustees may by ordinance | 24 | | provide
that persons residing outside the municipality are | 25 | | eligible to take the
examination.
| 26 | | (h) The examinations shall be practical in character and |
| | | HB0305 Enrolled | - 4 - | LRB100 00068 AWJ 10072 b |
|
| 1 | | relate to
those matters that will fairly test the capacity of | 2 | | the persons examined
to discharge the duties of the positions | 3 | | to which they seek appointment. No
person shall be appointed to | 4 | | the police or fire department if he or she does
not possess a | 5 | | high school diploma or an equivalent high school education.
A | 6 | | board of fire and police commissioners may, by its rules, | 7 | | require police
applicants to have obtained an associate's | 8 | | degree or a bachelor's degree as a
prerequisite for employment. | 9 | | The
examinations shall include tests of physical | 10 | | qualifications and health. A board of fire and police | 11 | | commissioners may, by its rules, waive portions of the required | 12 | | examination for police applicants who have previously been | 13 | | full-time sworn officers of a regular police department in any | 14 | | municipal, county, university, or State law enforcement | 15 | | agency, provided they are certified by the Illinois Law | 16 | | Enforcement Training Standards Board and have been with their | 17 | | respective law enforcement agency within the State for at least | 18 | | 2 years. No
person shall be appointed to the police or fire | 19 | | department if he or she has
suffered the amputation of any limb | 20 | | unless the applicant's duties will be only
clerical or as a | 21 | | radio operator. No applicant shall be examined concerning his
| 22 | | or her political or religious opinions or affiliations. The | 23 | | examinations shall
be conducted by the board of fire and police | 24 | | commissioners of the municipality
as provided in this Division | 25 | | 2.1.
| 26 | | The requirement that a police applicant possess an |
| | | HB0305 Enrolled | - 5 - | LRB100 00068 AWJ 10072 b |
|
| 1 | | associate's degree under this subsection may be waived if one | 2 | | or more of the following applies: (1) the applicant has served | 3 | | for 24 months of honorable active duty in the United States | 4 | | Armed Forces and has not been discharged dishonorably or under | 5 | | circumstances other than honorable ; or (2) the applicant has | 6 | | served for 180 days of active duty in the United States Armed | 7 | | Forces in combat duty recognized by the Department of Defense | 8 | | and has not been discharged dishonorably or under circumstances | 9 | | other than honorable ; or (3) the applicant has successfully | 10 | | received credit for a minimum of 60 credit hours toward a | 11 | | bachelor's degree from an accredited college or university . | 12 | | The requirement that a police applicant possess a | 13 | | bachelor's degree under this subsection may be waived if one or | 14 | | more of the following applies: (1) the applicant has served for | 15 | | 36 months of honorable active duty in the United States Armed | 16 | | Forces and has not been discharged dishonorably or under | 17 | | circumstances other than honorable or (2) the applicant has | 18 | | served for 180 days of active duty in the United States Armed | 19 | | Forces in combat duty recognized by the Department of Defense | 20 | | and has not been discharged dishonorably or under circumstances | 21 | | other than honorable. | 22 | | (i) No person who is classified by his local selective | 23 | | service draft board
as a conscientious objector, or who has | 24 | | ever been so classified, may be
appointed to the police | 25 | | department.
| 26 | | (j) No person shall be appointed to the police or fire |
| | | HB0305 Enrolled | - 6 - | LRB100 00068 AWJ 10072 b |
|
| 1 | | department unless he
or she is a person of good character and | 2 | | not an habitual drunkard, gambler, or
a person who has been | 3 | | convicted of a felony or a crime involving moral
turpitude. No | 4 | | person, however, shall be disqualified from appointment to the
| 5 | | fire department because of his or her record of misdemeanor | 6 | | convictions except
those under Sections 11-1.50, 11-6, 11-7, | 7 | | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| 8 | | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | 9 | | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | 10 | | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | 11 | | subsections (1), (6) and (8) of Section
24-1 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012, or arrest for any | 13 | | cause without conviction on
that cause. Any such person who is | 14 | | in the department may be removed on charges
brought and after a | 15 | | trial as provided in this Division 2.1.
| 16 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-510, eff. 8-19-13.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
|
|