Full Text of HB5528 96th General Assembly
HB5528 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5528
Introduced 2/9/2010, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
|
20 ILCS 2910/1 |
from Ch. 127 1/2, par. 501 |
|
Amends the Peace Officer Fire Investigation Act. In provisions authorizing a peace officer to carry weapons under specified circumstances, provides that the person must complete a training program approved by the Illinois Law Enforcement Training Standards Board "including without limitation an arson investigator course and a firearms course offered by a State-sponsored institution of higher learning".
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5528 |
|
LRB096 19184 RLJ 34575 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Peace Officer Fire Investigation Act is | 5 |
| amended by changing Section 1 as follows:
| 6 |
| (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| 7 |
| Sec. 1. Peace Officer Status.
| 8 |
| (a) Any person who is a sworn member of any
organized and | 9 |
| paid fire department of a political subdivision of this State
| 10 |
| and is authorized to investigate fires or explosions for such | 11 |
| political
subdivision and
to determine the cause, origin and | 12 |
| circumstances of fires or explosions
that are suspected to be | 13 |
| arson or arson-related crimes, may be classified
as a peace | 14 |
| officer by the political subdivision or agency employing such
| 15 |
| 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 |
|
|
|
HB5528 |
- 2 - |
LRB096 19184 RLJ 34575 b |
|
| 1 |
| pursuant to the Illinois Police Training Act and the Peace | 2 |
| Officer Firearm Training Act including without limitation an | 3 |
| arson investigator course and a firearms course offered by a | 4 |
| State-sponsored institution of higher learning ; and (2) a | 5 |
| course in fire and arson investigation approved by the
Office | 6 |
| of the State Fire Marshal pursuant to the Illinois Fire | 7 |
| Protection
Training Act. Such training need not include | 8 |
| exposure to vehicle and traffic
law, traffic control and | 9 |
| accident investigation, or first aid, but shall
include | 10 |
| training in the law relating to the rights of persons suspected | 11 |
| of
involvement in criminal activities.
| 12 |
| Any person granted the powers enumerated in this subsection | 13 |
| (a) may exercise such
powers only during the actual | 14 |
| investigation of the cause, origin and
circumstances of such | 15 |
| fires or explosions that are suspected to be arson or
| 16 |
| arson-related crimes.
| 17 |
| (b) Persons employed by the Office of the State Fire | 18 |
| Marshal to conduct arson investigations shall be designated | 19 |
| State Fire Marshal Arson Investigator Special Agents and shall | 20 |
| be peace officers with all of the powers of peace officers in | 21 |
| cities and sheriffs in counties, except that they may exercise | 22 |
| those powers throughout the State. These Special Agents may | 23 |
| exercise these powers only when engaging in official duties | 24 |
| during the actual investigation of the cause, origin, and
| 25 |
| circumstances of such fires or explosions that are suspected to | 26 |
| be arson or
arson-related crimes and may carry weapons at all |
|
|
|
HB5528 |
- 3 - |
LRB096 19184 RLJ 34575 b |
|
| 1 |
| times, but only if they have satisfactorily completed (1) a | 2 |
| training course approved by the Illinois Law Enforcement | 3 |
| Training Standards Board that substantially conforms to the | 4 |
| standards promulgated pursuant to the Peace Officer Firearm | 5 |
| Training Act and (2) a course in fire and arson investigation | 6 |
| approved by the
Office of the State Fire Marshal pursuant to | 7 |
| the Illinois Fire Protection
Training Act. Such training need | 8 |
| not include exposure to vehicle and traffic
law, traffic | 9 |
| control and accident investigation, or first aid, but shall
| 10 |
| include training in the law relating to the rights of persons | 11 |
| suspected of
involvement in criminal activities. | 12 |
| For purposes of this subsection (b), a "State Fire Marshal | 13 |
| Arson Investigator Special Agent" does not include any fire | 14 |
| investigator, fireman, police officer, or other employee of the | 15 |
| federal government; any fire investigator, fireman, police | 16 |
| officer, or other employee of any unit of local government; or | 17 |
| any fire investigator, fireman, police officer, or other | 18 |
| employee of the State of Illinois other than an employee of the | 19 |
| Office of the State Fire Marshal assigned to investigate arson.
| 20 |
| The State Fire Marshal must authorize to each employee of | 21 |
| the Office
of the State Fire Marshal who is exercising the | 22 |
| powers of a peace officer a
distinct badge that, on its face, | 23 |
| (i) clearly states that the badge is
authorized by the Office | 24 |
| of the State Fire Marshal and (ii) contains a unique
| 25 |
| identifying number. No other badge shall be authorized by the | 26 |
| Office of the
State Fire Marshal, except that a badge, |
|
|
|
HB5528 |
- 4 - |
LRB096 19184 RLJ 34575 b |
|
| 1 |
| different from the badge issued to
peace officers, may be | 2 |
| authorized by the Office of the State Fire Marshal for
the use | 3 |
| of fire prevention inspectors employed by that Office.
Nothing | 4 |
| in this subsection prohibits the State Fire Marshal from | 5 |
| issuing
shields or other distinctive identification to | 6 |
| employees not exercising the
powers of a peace officer if the | 7 |
| State Fire Marshal determines that a shield or
distinctive | 8 |
| identification is needed by the employee to carry out his or | 9 |
| her
responsibilities.
| 10 |
| (Source: P.A. 95-502, eff. 8-28-07.)
|
|