Full Text of HB1429 102nd General Assembly
HB1429ham001 102ND GENERAL ASSEMBLY | Rep. Curtis J. Tarver, II Filed: 4/12/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1429
| 2 | | AMENDMENT NO. ______. Amend House Bill 1429 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 3-9013 as follows: | 6 | | (55 ILCS 5/3-9013) | 7 | | Sec. 3-9013. Pension funds; job-related felony. If an | 8 | | employee who is covered under a retirement system or pension | 9 | | fund created under the Illinois Pension Code is convicted of a | 10 | | disqualifying offense as that term is defined in the Illinois | 11 | | Pension Code or of a felony relating to or arising out of or in | 12 | | connection with the employment for which the employee is | 13 | | covered under the retirement system or pension fund, the | 14 | | State's Attorney must notify the board of trustees for that | 15 | | retirement system or pension fund.
| 16 | | (Source: P.A. 95-836, eff. 8-15-08.) |
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| 1 | | Section 10. The Illinois Pension Code is amended by | 2 | | changing Sections 3-147, 5-227, 7-219, 8-251, 9-235, 10-109, | 3 | | 14-149, and 15-187 as follows:
| 4 | | (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
| 5 | | Sec. 3-147. Felony conviction. None of the benefits | 6 | | provided in
this Article shall be paid to any person who is | 7 | | convicted of any felony
relating to or arising out of or in
| 8 | | connection with his or her service as a police officer. | 9 | | Upon petition by the Board or on its own motion, a circuit | 10 | | court may order that none of the benefits provided in this | 11 | | Article be paid to a person who first becomes a police officer | 12 | | on or after the effective date of this amendatory Act of the | 13 | | 102nd General Assembly and who has been convicted of a | 14 | | disqualifying offense if the court finds that: (1) the | 15 | | disqualifying offense was committed with the use of police | 16 | | authority, resources, or other materials; (2) the | 17 | | disqualifying offense threatened public safety; or (3) the | 18 | | totality of the circumstances of the disqualifying offense are | 19 | | against the guiding principles and training of law | 20 | | enforcement. | 21 | | None of the benefits provided for in this Article shall be | 22 | | paid to any person who otherwise would receive a survivor | 23 | | benefit who is convicted of any felony relating to or arising | 24 | | out of or in connection with the service of the police officer |
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| 1 | | from whom the benefit results. | 2 | | Upon petition by the Board or on its own motion, a court | 3 | | may order that none of the benefits provided for in this | 4 | | Article be paid to any person who otherwise would receive a | 5 | | survivor benefit if the benefit results from the service of a | 6 | | police officer who first became a police officer on or after | 7 | | the effective date of this amendatory Act of the 102nd General | 8 | | Assembly and who was convicted of a disqualifying offense if | 9 | | the court finds that: (1) the disqualifying offense was | 10 | | committed with the use of police authority, resources, or | 11 | | other materials; (2) the disqualifying offense threatened | 12 | | public safety; or (3) the totality of the circumstances of the | 13 | | disqualifying offense are against the guiding principles and | 14 | | training of law enforcement.
| 15 | | This Section shall not impair any contract or vested right | 16 | | acquired prior
to July 11, 1955 under any law
continued in this | 17 | | Article, nor
preclude the right to a refund, and for the | 18 | | changes under this amendatory Act of the 100th General | 19 | | Assembly, shall not impair any contract or vested right | 20 | | acquired by a survivor prior to the effective date of this | 21 | | amendatory Act of the 100th General Assembly. The changes made | 22 | | by this amendatory Act of the 102nd General Assembly shall not | 23 | | impair any contract or vested right acquired by a survivor | 24 | | prior to the effective date of this amendatory Act of the 102nd | 25 | | General Assembly.
| 26 | | All persons entering service subsequent to July
11, 1955 |
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| 1 | | are deemed to have consented to the provisions of this Section | 2 | | as a
condition of coverage, and all participants entering | 3 | | service subsequent to the effective date of this amendatory | 4 | | Act of the 100th General Assembly shall be deemed to have | 5 | | consented to the provisions of this amendatory Act as a | 6 | | condition of participation. All persons entering service after | 7 | | the effective date of this amendatory Act of the 102nd General | 8 | | Assembly shall be deemed to have consented to the provisions | 9 | | of this amendatory Act of the 102nd General Assembly as a | 10 | | condition of participation.
| 11 | | In this Section, "disqualifying offense" means any of the | 12 | | following offenses set forth in the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012 or any substantially similar offense | 14 | | in federal law, the Uniform Code of Military Justice, or state | 15 | | law: | 16 | | (1) Indecent solicitation of a child. | 17 | | (2) Sexual exploitation of a child. | 18 | | (3) Custodial sexual misconduct. | 19 | | (4) Exploitation of a child. | 20 | | (5) Child pornography. | 21 | | (6) Aggravated child pornography. | 22 | | (7) First degree murder. | 23 | | (8) Second degree murder. | 24 | | (9) Predatory criminal sexual assault of a child. | 25 | | (10) Aggravated criminal sexual assault. | 26 | | (11) Criminal sexual assault. |
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| 1 | | (12) Aggravated kidnaping. | 2 | | (13) Aggravated battery resulting in great bodily harm
| 3 | | or permanent disability or disfigurement. | 4 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 5 | | (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
| 6 | | Sec. 5-227. Felony conviction. None of the benefits | 7 | | provided for in this
Article shall be paid to any person who is | 8 | | convicted of any felony relating
to or arising out of or in | 9 | | connection with his service as a policeman.
| 10 | | Upon petition by the Board or on its own motion, a circuit | 11 | | court may order that none of the benefits provided in this | 12 | | Article be paid to a person who first becomes a policeman on or | 13 | | after the effective date of this amendatory Act of the 102nd | 14 | | General Assembly and who has been convicted of a disqualifying | 15 | | offense if the court finds that: (1) the disqualifying offense | 16 | | was committed with the use of police authority, resources, or | 17 | | other materials; (2) the disqualifying offense threatened | 18 | | public safety; or (3) the totality of the circumstances of the | 19 | | disqualifying offense are against the guiding principles and | 20 | | training of law enforcement. | 21 | | None of the benefits provided for in this Article shall be | 22 | | paid to any person who otherwise would receive a survivor | 23 | | benefit who is convicted of any felony relating to or arising | 24 | | out of or in connection with the service of the policeman from | 25 | | whom the benefit results. |
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| 1 | | Upon petition by the Board or on its own motion, a court | 2 | | may order that none of the benefits provided for in this | 3 | | Article be paid to any person who otherwise would receive a | 4 | | survivor benefit if the benefit results from the service of a | 5 | | policeman who first became a policeman on or after the | 6 | | effective date of this amendatory Act of the 102nd General | 7 | | Assembly and who was convicted of a disqualifying offense if | 8 | | the court finds that: (1) the disqualifying offense was | 9 | | committed with the use of police authority, resources, or | 10 | | other materials; (2) the disqualifying offense threatened | 11 | | public safety; or (3) the totality of the circumstances of the | 12 | | disqualifying offense are against the guiding principles and | 13 | | training of law enforcement. | 14 | | None of the benefits provided for in this Article shall be | 15 | | paid to any
person who is convicted of any felony while in | 16 | | receipt of disability benefits.
| 17 | | None of the benefits provided for in this Article shall be | 18 | | paid to any
person who is convicted of any felony relating to | 19 | | or arising out of or in
connection with the intentional and | 20 | | wrongful death of a police officer,
either active or retired, | 21 | | through whom such person would become eligible
to receive, or | 22 | | is receiving, an annuity under this Article.
| 23 | | A person who intentionally and unjustifiably causes delay | 24 | | in proceedings in which the person is ultimately convicted of | 25 | | a felony relating to or arising out of or in connection with | 26 | | his service as a policeman shall not be entitled to any |
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| 1 | | benefits provided for in this Article on and after the filing | 2 | | date of the related indictment or charges. This paragraph | 3 | | applies to all persons whose felony conviction was entered on | 4 | | or after January 1, 2019. | 5 | | Any refund required under this Article shall be calculated | 6 | | based on that person's contributions to the Fund, less the | 7 | | amount of any annuity benefit previously received by the | 8 | | person or his or her beneficiaries. This paragraph applies to | 9 | | all persons who make an application for refund to the Fund on | 10 | | or after January 1, 2019. | 11 | | This Section shall not operate to impair any contract or | 12 | | vested right heretofore
acquired under any law or laws | 13 | | continued in this Article, nor to preclude
the right to a | 14 | | refund, and for the changes under this amendatory Act of the | 15 | | 100th General Assembly, shall not impair any contract or | 16 | | vested right acquired by a survivor prior to the effective | 17 | | date of this amendatory Act of the 100th General Assembly. The | 18 | | changes made by this amendatory Act of the 102nd General | 19 | | Assembly shall not impair any contract or vested right | 20 | | acquired by a survivor prior to the effective date of this | 21 | | amendatory Act of the 102nd General Assembly.
| 22 | | All future entrants entering service subsequent to July | 23 | | 11, 1955, shall
be deemed to have consented to the provisions | 24 | | of this Section as a
condition of coverage, and all | 25 | | participants entering service subsequent to the effective date | 26 | | of this amendatory Act of the 100th General Assembly shall be |
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| 1 | | deemed to have consented to the provisions of this amendatory | 2 | | Act as a condition of participation. All persons entering | 3 | | service after the effective date of this amendatory Act of the | 4 | | 102nd General Assembly shall be deemed to have consented to | 5 | | the provisions of this amendatory Act of the 102nd General | 6 | | Assembly as a condition of participation.
| 7 | | In this Section, "disqualifying offense" means any of the | 8 | | following offenses set forth in the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012 or any substantially similar offense | 10 | | in federal law, the Uniform Code of Military Justice, or state | 11 | | law: | 12 | | (1) Indecent solicitation of a child. | 13 | | (2) Sexual exploitation of a child. | 14 | | (3) Custodial sexual misconduct. | 15 | | (4) Exploitation of a child. | 16 | | (5) Child pornography. | 17 | | (6) Aggravated child pornography. | 18 | | (7) First degree murder. | 19 | | (8) Second degree murder. | 20 | | (9) Predatory criminal sexual assault of a child. | 21 | | (10) Aggravated criminal sexual assault. | 22 | | (11) Criminal sexual assault. | 23 | | (12) Aggravated kidnaping. | 24 | | (13) Aggravated battery resulting in great bodily harm
| 25 | | or permanent disability or disfigurement. | 26 | | (Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
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| 1 | | (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
| 2 | | Sec. 7-219. Felony conviction. None of the benefits | 3 | | provided for in this Article shall be paid to any
person who is | 4 | | convicted of any felony relating to or arising out of or in
| 5 | | connection with his service as an employee.
| 6 | | Upon petition by the Board or on its own motion, a circuit | 7 | | court may order that none of the benefits provided in this | 8 | | Article be paid to a person who first becomes a sheriff's law | 9 | | enforcement employee on or after the effective date of this | 10 | | amendatory Act of the 102nd General Assembly and who has been | 11 | | convicted of a disqualifying offense if the court finds that: | 12 | | (1) the disqualifying offense was committed with the use of | 13 | | police authority, resources, or other materials; (2) the | 14 | | disqualifying offense threatened public safety; or (3) the | 15 | | totality of the circumstances of the disqualifying offense are | 16 | | against the guiding principles and training of law | 17 | | enforcement. | 18 | | None of the benefits provided for in this Article shall be | 19 | | paid to any person who otherwise would receive a survivor | 20 | | benefit who is convicted of any felony relating to or arising | 21 | | out of or in connection with the service of the employee from | 22 | | whom the benefit results. | 23 | | Upon petition by the Board or on its own motion, a court | 24 | | may order that none of the benefits provided for in this | 25 | | Article be paid to any person who otherwise would receive a |
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| 1 | | survivor benefit if the benefit results from the service of a | 2 | | sheriff's law enforcement employee who first became a | 3 | | sheriff's law enforcement employee on or after the effective | 4 | | date of this amendatory Act of the 102nd General Assembly and | 5 | | who was convicted of a disqualifying offense if the court | 6 | | finds that: (1) the disqualifying offense was committed with | 7 | | the use of police authority, resources, or other materials; | 8 | | (2) the disqualifying offense threatened public safety; or (3) | 9 | | the totality of the circumstances of the disqualifying offense | 10 | | are against the guiding principles and training of law | 11 | | enforcement. | 12 | | This Section shall not operate to impair any contract or | 13 | | vested right
heretofore acquired under any law or laws | 14 | | continued in this Article, nor to
preclude the right to a | 15 | | refund, and for the changes under this amendatory Act of the | 16 | | 100th General Assembly, shall not impair any contract or | 17 | | vested right acquired by a survivor prior to the effective | 18 | | date of this amendatory Act of the 100th General Assembly. The | 19 | | changes made by this amendatory Act of the 102nd General | 20 | | Assembly shall not impair any contract or vested right | 21 | | acquired by a survivor prior to the effective date of this | 22 | | amendatory Act of the 102nd General Assembly.
| 23 | | All future entrants entering service subsequent to July 9, | 24 | | 1955 shall be
deemed to have consented to the provisions of | 25 | | this Section as a condition
of coverage, and all participants | 26 | | entering service subsequent to the effective date of this |
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| 1 | | amendatory Act of the 100th General Assembly shall be deemed | 2 | | to have consented to the provisions of this amendatory Act as a | 3 | | condition of participation. All persons entering service after | 4 | | the effective date of this amendatory Act of the 102nd General | 5 | | Assembly shall be deemed to have consented to the provisions | 6 | | of this amendatory Act of the 102nd General Assembly as a | 7 | | condition of participation.
| 8 | | In this Section, "disqualifying offense" means any of the | 9 | | following offenses set forth in the Criminal Code of 1961 or | 10 | | the Criminal Code of 2012 or any substantially similar offense | 11 | | in federal law, the Uniform Code of Military Justice, or state | 12 | | law: | 13 | | (1) Indecent solicitation of a child. | 14 | | (2) Sexual exploitation of a child. | 15 | | (3) Custodial sexual misconduct. | 16 | | (4) Exploitation of a child. | 17 | | (5) Child pornography. | 18 | | (6) Aggravated child pornography. | 19 | | (7) First degree murder. | 20 | | (8) Second degree murder. | 21 | | (9) Predatory criminal sexual assault of a child. | 22 | | (10) Aggravated criminal sexual assault. | 23 | | (11) Criminal sexual assault. | 24 | | (12) Aggravated kidnaping. | 25 | | (13) Aggravated battery resulting in great bodily harm
| 26 | | or permanent disability or disfigurement. |
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| 1 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 2 | | (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
| 3 | | Sec. 8-251. Felony conviction. None of the benefits | 4 | | provided for in this Article shall be paid to any
person who is | 5 | | convicted of any felony relating to or arising out of or in
| 6 | | connection with his service as a municipal employee.
| 7 | | Upon petition by the Board or on its own motion, a circuit | 8 | | court may order that none of the benefits provided in this | 9 | | Article be paid to a person who first becomes a police officer | 10 | | on or after the effective date of this amendatory Act of the | 11 | | 102nd General Assembly and who has been convicted of a | 12 | | disqualifying offense if the court finds that: (1) the | 13 | | disqualifying offense was committed with the use of police | 14 | | authority, resources, or other materials; (2) the | 15 | | disqualifying offense threatened public safety; or (3) the | 16 | | totality of the circumstances of the disqualifying offense are | 17 | | against the guiding principles and training of law | 18 | | enforcement. | 19 | | None of the benefits provided for in this Article shall be | 20 | | paid to any person who otherwise would receive a survivor | 21 | | benefit who is convicted of any felony relating to or arising | 22 | | out of or in connection with the service of the employee from | 23 | | whom the benefit results. | 24 | | Upon petition by the Board or on its own motion, a court | 25 | | may order that none of the benefits provided for in this |
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| 1 | | Article be paid to any person who otherwise would receive a | 2 | | survivor benefit if the benefit results from the service of a | 3 | | police officer who first became a police officer on or after | 4 | | the effective date of this amendatory Act of the 102nd General | 5 | | Assembly and who was convicted of a disqualifying offense if | 6 | | the court finds that: (1) the disqualifying offense was | 7 | | committed with the use of police authority, resources, or | 8 | | other materials; (2) the disqualifying offense threatened | 9 | | public safety; or (3) the totality of the circumstances of the | 10 | | disqualifying offense are against the guiding principles and | 11 | | training of law enforcement. | 12 | | This Section shall not operate to impair any contract or | 13 | | vested right
heretofore acquired under any law or laws | 14 | | continued in this Article, nor to
preclude the right to a | 15 | | refund, and for the changes under Public Act 100-334, shall | 16 | | not impair any contract or vested right acquired by a survivor | 17 | | prior to August 25, 2017 (the effective date of Public Act | 18 | | 100-334). The changes made by this amendatory Act of the 102nd | 19 | | General Assembly shall not impair any contract or vested right | 20 | | acquired by a survivor prior to the effective date of this | 21 | | amendatory Act of the 102nd General Assembly.
| 22 | | Any refund required under this Article shall be calculated | 23 | | based on that person's contributions to the Fund, less the | 24 | | amount of any annuity benefit previously received by the | 25 | | person or his or her beneficiaries. The changes made to this | 26 | | Section by Public Act 100-23 apply only to persons who first |
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| 1 | | become participants under this Article on or after July 6, | 2 | | 2017 (the effective date of Public Act 100-23). | 3 | | All future entrants entering service subsequent to July | 4 | | 11, 1955 shall
be deemed to have consented to the provisions of | 5 | | this Section as a
condition of coverage, and all participants | 6 | | entering service subsequent to August 25, 2017 (the effective | 7 | | date of Public Act 100-334) shall be deemed to have consented | 8 | | to the provisions of Public Act 100-334 as a condition of | 9 | | participation. All persons entering service after the | 10 | | effective date of this amendatory Act of the 102nd General | 11 | | Assembly shall be deemed to have consented to the provisions | 12 | | of this amendatory Act of the 102nd General Assembly as a | 13 | | condition of participation.
| 14 | | In this Section: | 15 | | "Disqualifying offense" means any of the following | 16 | | offenses set forth in the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012 or any substantially similar offense in federal | 18 | | law, the Uniform Code of Military Justice, or state law: | 19 | | (1) Indecent solicitation of a child. | 20 | | (2) Sexual exploitation of a child. | 21 | | (3) Custodial sexual misconduct. | 22 | | (4) Exploitation of a child. | 23 | | (5) Child pornography. | 24 | | (6) Aggravated child pornography. | 25 | | (7) First degree murder. | 26 | | (8) Second degree murder. |
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| 1 | | (9) Predatory criminal sexual assault of a child. | 2 | | (10) Aggravated criminal sexual assault. | 3 | | (11) Criminal sexual assault. | 4 | | (12) Aggravated kidnaping. | 5 | | (13) Aggravated battery resulting in great bodily harm
| 6 | | or permanent disability or disfigurement. | 7 | | "Police officer" means an employee who renders service as | 8 | | a police officer and member of the regularly constituted | 9 | | police department of the city. | 10 | | (Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; | 11 | | 100-863, eff. 8-14-18.)
| 12 | | (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
| 13 | | Sec. 9-235. Felony conviction. None of the benefits | 14 | | provided in this Article shall be paid to any
person who is | 15 | | convicted of any felony relating to or arising out of or in
| 16 | | connection with his service as an employee.
| 17 | | Upon petition by the Board or on its own motion, a circuit | 18 | | court may order that none of the benefits provided in this | 19 | | Article be paid to a person who first becomes a police officer | 20 | | on or after the effective date of this amendatory Act of the | 21 | | 102nd General Assembly and who has been convicted of a | 22 | | disqualifying offense if the court finds that: (1) the | 23 | | disqualifying offense was committed with the use of police | 24 | | authority, resources, or other materials; (2) the | 25 | | disqualifying offense threatened public safety; or (3) the |
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| 1 | | totality of the circumstances of the disqualifying offense are | 2 | | against the guiding principles and training of law | 3 | | enforcement. | 4 | | None of the benefits provided for in this Article shall be | 5 | | paid to any person who otherwise would receive a survivor | 6 | | benefit who is convicted of any felony relating to or arising | 7 | | out of or in connection with the service of the employee from | 8 | | whom the benefit results. | 9 | | Upon petition by the Board or on its own motion, a court | 10 | | may order that none of the benefits provided for in this | 11 | | Article be paid to any person who otherwise would receive a | 12 | | survivor benefit if the benefit results from the service of a | 13 | | police officer who first became a police officer on or after | 14 | | the effective date of this amendatory Act of the 102nd General | 15 | | Assembly and who was convicted of a disqualifying offense if | 16 | | the court finds that: (1) the disqualifying offense was | 17 | | committed with the use of police authority, resources, or | 18 | | other materials; (2) the disqualifying offense threatened | 19 | | public safety; or (3) the totality of the circumstances of the | 20 | | disqualifying offense are against the guiding principles and | 21 | | training of law enforcement. | 22 | | This Section shall not operate to impair any contract or | 23 | | vested right
heretofore acquired under any law or laws | 24 | | continued in this Article, nor to
preclude the right to a | 25 | | refund, and for the changes under this amendatory Act of the | 26 | | 100th General Assembly, shall not impair any contract or |
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| 1 | | vested right acquired by a survivor prior to the effective | 2 | | date of this amendatory Act of the 100th General Assembly. The | 3 | | changes made by this amendatory Act of the 102nd General | 4 | | Assembly shall not impair any contract or vested right | 5 | | acquired by a survivor prior to the effective date of this | 6 | | amendatory Act of the 102nd General Assembly.
| 7 | | All future entrants entering service after July 11, 1955, | 8 | | shall be
deemed to have consented to the provisions of this | 9 | | section as a condition
of coverage, and all participants | 10 | | entering service subsequent to the effective date of this | 11 | | amendatory Act of the 100th General Assembly shall be deemed | 12 | | to have consented to the provisions of this amendatory Act as a | 13 | | condition of participation. All persons entering service after | 14 | | the effective date of this amendatory Act of the 102nd General | 15 | | Assembly shall be deemed to have consented to the provisions | 16 | | of this amendatory Act of the 102nd General Assembly as a | 17 | | condition of participation.
| 18 | | In this Section: | 19 | | "Disqualifying offense" means any of the following | 20 | | offenses set forth in the Criminal Code of 1961 or the Criminal | 21 | | Code of 2012 or any substantially similar offense in federal | 22 | | law, the Uniform Code of Military Justice, or state law: | 23 | | (1) Indecent solicitation of a child. | 24 | | (2) Sexual exploitation of a child. | 25 | | (3) Custodial sexual misconduct. | 26 | | (4) Exploitation of a child. |
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| 1 | | (5) Child pornography. | 2 | | (6) Aggravated child pornography. | 3 | | (7) First degree murder. | 4 | | (8) Second degree murder. | 5 | | (9) Predatory criminal sexual assault of a child. | 6 | | (10) Aggravated criminal sexual assault. | 7 | | (11) Criminal sexual assault. | 8 | | (12) Aggravated kidnaping. | 9 | | (13) Aggravated battery resulting in great bodily harm
| 10 | | or permanent disability or disfigurement. | 11 | | "Police officer" means an employee of the county employed | 12 | | in any position under the County Police Merit Board as a deputy | 13 | | sheriff in the County Police Department. | 14 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 15 | | (40 ILCS 5/10-109) | 16 | | Sec. 10-109. Felony conviction. None of the benefits | 17 | | provided in this Article shall be paid to any
person who is | 18 | | convicted of any felony relating to or arising out of or in
| 19 | | connection with his service as an employee. | 20 | | Upon petition by the Board or on its own motion, a circuit | 21 | | court may order that none of the benefits provided in this | 22 | | Article be paid to a person who first becomes a police officer | 23 | | on or after the effective date of this amendatory Act of the | 24 | | 102nd General Assembly and who has been convicted of a | 25 | | disqualifying offense if the court finds that: (1) the |
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| 1 | | disqualifying offense was committed with the use of police | 2 | | authority, resources, or other materials; (2) the | 3 | | disqualifying offense threatened public safety; or (3) the | 4 | | totality of the circumstances of the disqualifying offense are | 5 | | against the guiding principles and training of law | 6 | | enforcement. | 7 | | None of the benefits provided for in this Article shall be | 8 | | paid to any person who otherwise would receive a survivor | 9 | | benefit who is convicted of any felony relating to or arising | 10 | | out of or in connection with the service of the employee from | 11 | | whom the benefit results. | 12 | | Upon petition by the Board or on its own motion, a court | 13 | | may order that none of the benefits provided for in this | 14 | | Article be paid to any person who otherwise would receive a | 15 | | survivor benefit if the benefit results from the service of a | 16 | | police officer who first became a police officer on or after | 17 | | the effective date of this amendatory Act of the 102nd General | 18 | | Assembly and who was convicted of a disqualifying offense if | 19 | | the court finds that: (1) the disqualifying offense was | 20 | | committed with the use of police authority, resources, or | 21 | | other materials; (2) the disqualifying offense threatened | 22 | | public safety; or (3) the totality of the circumstances of the | 23 | | disqualifying offense are against the guiding principles and | 24 | | training of law enforcement. | 25 | | This Section shall not operate to impair any contract or | 26 | | vested right
heretofore acquired under any law or laws |
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| 1 | | continued in this Article, nor to
preclude the right to a | 2 | | refund, and for the changes under this amendatory Act of the | 3 | | 100th General Assembly, shall not impair any contract or | 4 | | vested right acquired by a survivor prior to the effective | 5 | | date of this amendatory Act of the 100th General Assembly. The | 6 | | changes made by this amendatory Act of the 102nd General | 7 | | Assembly shall not impair any contract or vested right | 8 | | acquired by a survivor prior to the effective date of this | 9 | | amendatory Act of the 102nd General Assembly. | 10 | | All future entrants entering service after the effective | 11 | | date of this amendatory Act of the 95th General Assembly shall | 12 | | be
deemed to have consented to the provisions of this Section | 13 | | as a condition
of coverage, and all participants entering | 14 | | service subsequent to the effective date of this amendatory | 15 | | Act of the 100th General Assembly shall be deemed to have | 16 | | consented to the provisions of this amendatory Act as a | 17 | | condition of participation. All persons entering service after | 18 | | the effective date of this amendatory Act of the 102nd General | 19 | | Assembly shall be deemed to have consented to the provisions | 20 | | of this amendatory Act of the 102nd General Assembly as a | 21 | | condition of participation.
| 22 | | In this Section: | 23 | | "Disqualifying offense" means any of the following | 24 | | offenses set forth in the Criminal Code of 1961 or the Criminal | 25 | | Code of 2012 or any substantially similar offense in federal | 26 | | law, the Uniform Code of Military Justice, or state law: |
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| 1 | | (1) Indecent solicitation of a child. | 2 | | (2) Sexual exploitation of a child. | 3 | | (3) Custodial sexual misconduct. | 4 | | (4) Exploitation of a child. | 5 | | (5) Child pornography. | 6 | | (6) Aggravated child pornography. | 7 | | (7) First degree murder. | 8 | | (8) Second degree murder. | 9 | | (9) Predatory criminal sexual assault of a child. | 10 | | (10) Aggravated criminal sexual assault. | 11 | | (11) Criminal sexual assault. | 12 | | (12) Aggravated kidnaping. | 13 | | (13) Aggravated battery resulting in great bodily harm
| 14 | | or permanent disability or disfigurement. | 15 | | "Police officer" means a member of the police force of the | 16 | | district, as provided for in Section 15 of the Cook County | 17 | | Forest Preserve District Act. | 18 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 19 | | (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
| 20 | | Sec. 14-149. Felony conviction. None of the benefits | 21 | | herein provided for
shall be paid to any person
who is | 22 | | convicted of any felony relating to or arising out of or in
| 23 | | connection with his service as an employee.
| 24 | | Upon petition by the Board or on its own motion, a circuit | 25 | | court may order that none of the benefits provided in this |
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| 1 | | Article be paid to a person who first becomes a police officer | 2 | | on or after the effective date of this amendatory Act of the | 3 | | 102nd General Assembly and who has been convicted of a | 4 | | disqualifying offense if the court finds that: (1) the | 5 | | disqualifying offense was committed with the use of police | 6 | | authority, resources, or other materials; (2) the | 7 | | disqualifying offense threatened public safety; or (3) the | 8 | | totality of the circumstances of the disqualifying offense are | 9 | | against the guiding principles and training of law | 10 | | enforcement. | 11 | | None of the benefits provided for in this Article shall be | 12 | | paid to any person who otherwise would receive a survivor | 13 | | benefit who is convicted of any felony relating to or arising | 14 | | out of or in connection with the service of the employee from | 15 | | whom the benefit results. | 16 | | Upon petition by the Board or on its own motion, a court | 17 | | may order that none of the benefits provided for in this | 18 | | Article be paid to any person who otherwise would receive a | 19 | | survivor benefit if the benefit results from the service of a | 20 | | police officer who first became a police officer on or after | 21 | | the effective date of this amendatory Act of the 102nd General | 22 | | Assembly and who was convicted of a disqualifying offense if | 23 | | the court finds that: (1) the disqualifying offense was | 24 | | committed with the use of police authority, resources, or | 25 | | other materials; (2) the disqualifying offense threatened | 26 | | public safety; or (3) the totality of the circumstances of the |
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| 1 | | disqualifying offense are against the guiding principles and | 2 | | training of law enforcement. | 3 | | This Section shall not operate to impair any contract or | 4 | | vested right
heretofore acquired under any law or laws | 5 | | continued in this Article nor
to preclude the right to a | 6 | | refund, and for the changes under this amendatory Act of the | 7 | | 100th General Assembly, shall not impair any contract or | 8 | | vested right acquired by a survivor prior to the effective | 9 | | date of this amendatory Act of the 100th General Assembly. The | 10 | | changes made by this amendatory Act of the 102nd General | 11 | | Assembly shall not impair any contract or vested right | 12 | | acquired by a survivor prior to the effective date of this | 13 | | amendatory Act of the 102nd General Assembly.
| 14 | | All future entrants entering service subsequent to July 9, | 15 | | 1955 shall
be deemed to have consented to the provisions of | 16 | | this section as a
condition of coverage, and all participants | 17 | | entering service subsequent to the effective date of this | 18 | | amendatory Act of the 100th General Assembly shall be deemed | 19 | | to have consented to the provisions of this amendatory Act as a | 20 | | condition of participation. All persons entering service after | 21 | | the effective date of this amendatory Act of the 102nd General | 22 | | Assembly shall be deemed to have consented to the provisions | 23 | | of this amendatory Act of the 102nd General Assembly as a | 24 | | condition of participation.
| 25 | | In this Section: | 26 | | "Disqualifying offense" means any of the following |
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| 1 | | offenses set forth in the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012 or any substantially similar offense in federal | 3 | | law, the Uniform Code of Military Justice, or state law: | 4 | | (1) Indecent solicitation of a child. | 5 | | (2) Sexual exploitation of a child. | 6 | | (3) Custodial sexual misconduct. | 7 | | (4) Exploitation of a child. | 8 | | (5) Child pornography. | 9 | | (6) Aggravated child pornography. | 10 | | (7) First degree murder. | 11 | | (8) Second degree murder. | 12 | | (9) Predatory criminal sexual assault of a child. | 13 | | (10) Aggravated criminal sexual assault. | 14 | | (11) Criminal sexual assault. | 15 | | (12) Aggravated kidnaping. | 16 | | (13) Aggravated battery resulting in great bodily harm
| 17 | | or permanent disability or disfigurement. | 18 | | "Police officer" means a State policeman, special agent, | 19 | | investigator for the Secretary of State, conservation police | 20 | | officer, investigator for the Department of Revenue or the
| 21 | | Illinois Gaming Board, security employee of the Department of | 22 | | Human
Services, Central Management Services security police
| 23 | | officer, security employee of the Department of
Corrections or | 24 | | the Department of Juvenile Justice, dangerous drugs | 25 | | investigator, investigator for the Department of State Police, | 26 | | investigator for the Office of the Attorney
General, |
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| 1 | | controlled substance inspector, investigator for the Office of | 2 | | the State's
Attorneys Appellate Prosecutor, Commerce | 3 | | Commission police officer, arson investigator, or security | 4 | | employee of the Department of
Innovation and Technology. | 5 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 6 | | (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
| 7 | | Sec. 15-187. Felony conviction. None of the benefits | 8 | | provided under this
Article shall be paid to any person who is | 9 | | convicted of any felony relating to
or arising out of or in | 10 | | connection with a person's service as an employee from which | 11 | | the benefit derives.
| 12 | | Upon petition by the Board or on its own motion, a circuit | 13 | | court may order that none of the benefits provided in this | 14 | | Article be paid to a person who first becomes a police officer | 15 | | on or after the effective date of this amendatory Act of the | 16 | | 102nd General Assembly and who has been convicted of a | 17 | | disqualifying offense if the court finds that: (1) the | 18 | | disqualifying offense was committed with the use of police | 19 | | authority, resources, or other materials; (2) the | 20 | | disqualifying offense threatened public safety; or (3) the | 21 | | totality of the circumstances of the disqualifying offense are | 22 | | against the guiding principles and training of law | 23 | | enforcement. | 24 | | Upon petition by the Board or on its own motion, a court | 25 | | may order that none of the benefits provided for in this |
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| 1 | | Article be paid to any person who otherwise would receive a | 2 | | survivor benefit if the benefit results from the service of a | 3 | | police officer who first became a police officer on or after | 4 | | the effective date of this amendatory Act of the 102nd General | 5 | | Assembly and who was convicted of a disqualifying offense if | 6 | | the court finds that: (1) the disqualifying offense was | 7 | | committed with the use of police authority, resources, or | 8 | | other materials; (2) the disqualifying offense threatened | 9 | | public safety; or (3) the totality of the circumstances of the | 10 | | disqualifying offense are against the guiding principles and | 11 | | training of law enforcement. | 12 | | This Section shall not operate to impair any contract or | 13 | | vested right
heretofore acquired under any law or laws | 14 | | continued in this Article, nor
to preclude the right to a | 15 | | refund. The changes made to this Section by this amendatory | 16 | | Act of the 100th General Assembly shall not impair any | 17 | | contract or vested right acquired prior to the effective date | 18 | | of this amendatory Act of the 100th General Assembly. No | 19 | | refund paid based on a court order that none of the benefits | 20 | | provided for in this Article be paid to a person or to any | 21 | | person who is
convicted of a felony relating to or arising out | 22 | | of or in connection with the person's service as an employee | 23 | | shall include employer contributions or
interest or, in the | 24 | | case of the self-managed plan authorized under Section
| 25 | | 15-158.2, any employer contributions or investment return on | 26 | | such employer
contributions.
|
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| 1 | | All persons entering service subsequent to July 9, 1955 | 2 | | shall be deemed to
have consented to the provisions of this | 3 | | Section as a condition of coverage, and all participants | 4 | | entering service on or subsequent to the effective date of | 5 | | this amendatory Act of the 100th General Assembly shall be | 6 | | deemed to have consented to the provisions of this amendatory | 7 | | Act as a condition of participation. All persons entering | 8 | | service after the effective date of this amendatory Act of the | 9 | | 102nd General Assembly shall be deemed to have consented to | 10 | | the provisions of this amendatory Act of the 102nd General | 11 | | Assembly as a condition of participation.
| 12 | | In this Section, "disqualifying offense" means any of the | 13 | | following offenses set forth in the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012 or any substantially similar offense | 15 | | in federal law, the Uniform Code of Military Justice, or state | 16 | | law: | 17 | | (1) Indecent solicitation of a child. | 18 | | (2) Sexual exploitation of a child. | 19 | | (3) Custodial sexual misconduct. | 20 | | (4) Exploitation of a child. | 21 | | (5) Child pornography. | 22 | | (6) Aggravated child pornography. | 23 | | (7) First degree murder. | 24 | | (8) Second degree murder. | 25 | | (9) Predatory criminal sexual assault of a child. | 26 | | (10) Aggravated criminal sexual assault. |
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| 1 | | (11) Criminal sexual assault. | 2 | | (12) Aggravated kidnaping. | 3 | | (13) Aggravated battery resulting in great bodily harm
| 4 | | or permanent disability or disfigurement. | 5 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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