Full Text of SB2674 96th General Assembly
SB2674 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2674
Introduced 1/28/2010, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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20 ILCS 2910/1 |
from Ch. 127 1/2, par. 501 |
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Amends the Peace Officer Fire Investigation Act. Makes a technical change
in a Section concerning peace officer status.
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A BILL FOR
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SB2674 |
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LRB096 17275 RCE 32625 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Peace Officer Fire Investigation Act is | 5 |
| amended by changing Section 1 as follows:
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| (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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| Sec. 1. Peace Officer Status.
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| (a) Any person who is a sworn member of any
organized and
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| and paid fire department of a political subdivision of this | 10 |
| State
and is authorized to investigate fires or explosions for | 11 |
| such political
subdivision and
to determine the cause, origin | 12 |
| and circumstances of fires or explosions
that are suspected to | 13 |
| be arson or arson-related crimes, may be classified
as a peace | 14 |
| officer by the political subdivision or agency employing such
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| person. A person so classified shall possess the same powers of | 16 |
| arrest,
search and seizure and the securing and service of | 17 |
| warrants as sheriffs
of counties, and police officers within | 18 |
| the jurisdiction of their political
subdivision. While in the | 19 |
| actual investigation and matters incident thereto,
such person | 20 |
| may carry weapons as may be necessary, but only if that person | 21 |
| has
satisfactorily completed (1) a training program offered or | 22 |
| approved by the
Illinois Law Enforcement Training Standards | 23 |
| Board which substantially conforms
to standards promulgated |
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SB2674 |
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LRB096 17275 RCE 32625 b |
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| pursuant to the Illinois Police Training Act and the Peace | 2 |
| Officer Firearm Training Act; and (2) a course in fire and | 3 |
| arson investigation approved by the
Office of the State Fire | 4 |
| Marshal pursuant to the Illinois Fire Protection
Training Act. | 5 |
| Such training need not include exposure to vehicle and traffic
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| law, traffic control and accident investigation, or first aid, | 7 |
| but shall
include training in the law relating to the rights of | 8 |
| persons suspected of
involvement in criminal activities. | 9 |
| Any person granted the powers enumerated in this subsection | 10 |
| (a) may exercise such
powers only during the actual | 11 |
| investigation of the cause, origin and
circumstances of such | 12 |
| fires or explosions that are suspected to be arson or
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| arson-related crimes.
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| (b) Persons employed by the Office of the State Fire | 15 |
| Marshal to conduct arson investigations shall be designated | 16 |
| State Fire Marshal Arson Investigator Special Agents and shall | 17 |
| be peace officers with all of the powers of peace officers in | 18 |
| cities and sheriffs in counties, except that they may exercise | 19 |
| those powers throughout the State. These Special Agents may | 20 |
| exercise these powers only when engaging in official duties | 21 |
| during the actual investigation of the cause, origin, and
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| circumstances of such fires or explosions that are suspected to | 23 |
| be arson or
arson-related crimes and may carry weapons at all | 24 |
| times, but only if they have satisfactorily completed (1) a | 25 |
| training course approved by the Illinois Law Enforcement | 26 |
| Training Standards Board that substantially conforms to the |
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SB2674 |
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LRB096 17275 RCE 32625 b |
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| standards promulgated pursuant to the Peace Officer Firearm | 2 |
| Training Act and (2) a course in fire and arson investigation | 3 |
| approved by the
Office of the State Fire Marshal pursuant to | 4 |
| the Illinois Fire Protection
Training Act. Such training need | 5 |
| not include exposure to vehicle and traffic
law, traffic | 6 |
| control and accident investigation, or first aid, but shall
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| include training in the law relating to the rights of persons | 8 |
| suspected of
involvement in criminal activities. | 9 |
| For purposes of this subsection (b), a "State Fire Marshal | 10 |
| Arson Investigator Special Agent" does not include any fire | 11 |
| investigator, fireman, police officer, or other employee of the | 12 |
| federal government; any fire investigator, fireman, police | 13 |
| officer, or other employee of any unit of local government; or | 14 |
| any fire investigator, fireman, police officer, or other | 15 |
| employee of the State of Illinois other than an employee of the | 16 |
| Office of the State Fire Marshal assigned to investigate arson.
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| The State Fire Marshal must authorize to each employee of | 18 |
| the Office
of the State Fire Marshal who is exercising the | 19 |
| powers of a peace officer a
distinct badge that, on its face, | 20 |
| (i) clearly states that the badge is
authorized by the Office | 21 |
| of the State Fire Marshal and (ii) contains a unique
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| identifying number. No other badge shall be authorized by the | 23 |
| Office of the
State Fire Marshal, except that a badge, | 24 |
| different from the badge issued to
peace officers, may be | 25 |
| authorized by the Office of the State Fire Marshal for
the use | 26 |
| of fire prevention inspectors employed by that Office.
Nothing |
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SB2674 |
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LRB096 17275 RCE 32625 b |
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| in this subsection prohibits the State Fire Marshal from | 2 |
| issuing
shields or other distinctive identification to | 3 |
| employees not exercising the
powers of a peace officer if the | 4 |
| State Fire Marshal determines that a shield or
distinctive | 5 |
| identification is needed by the employee to carry out his or | 6 |
| her
responsibilities.
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| (Source: P.A. 95-502, eff. 8-28-07.)
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