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90_SB0369ren
65 ILCS 5/11-1-2 from Ch. 24, par. 11-1-2
65 ILCS 5/3.1-15-25 rep.
70 ILCS 1205/4-7 from Ch. 105, par. 4-7
Amends the Illinois Municipal Code. Provides that police
officers (now the mayor, alderman, president, trustees,
marshals, deputy marshals, and policemen) shall be
conservators of the peace and have the corresponding police
powers. Amends the Park District Code. Provides that police
officers (now board members and police officers) shall be
conservators of the peace. Effective immediately.
LRB9002517PTcw
SB369 Re-enrolled LRB9002517PTcw
1 AN ACT concerning peace officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Attorney General Act is amended by
5 changing Section 4c as follows:
6 (15 ILCS 205/4c) (from Ch. 14, par. 4c)
7 Sec. 4c. Subject to the qualifications set forth below,
8 investigators employed by the Attorney General shall be peace
9 officers and shall have all the powers possessed by policemen
10 in cities and by sheriffs; provided, that Attorney General's
11 investigators may shall exercise such powers anywhere in the
12 State only after contact and in cooperation with and after
13 contact with the appropriate local law enforcement officials
14 agencies.
15 No investigator employed by the Attorney General shall
16 have peace officer status or exercise police powers unless he
17 or she successfully completes the basic police training
18 course mandated and approved by the Illinois Law Enforcement
19 Training Standards Board or such board waives the training
20 requirement by reason of the investigator's prior law
21 enforcement experience or training or both.
22 The board shall not waive the training requirement unless
23 the investigator has had a minimum of 5 years experience as a
24 sworn officer of a local, state or federal law enforcement
25 agency, 2 of which shall have been in an investigatory
26 capacity.
27 (Source: P.A. 88-586, eff. 8-12-94.)
28 Section 3. The Illinois Police Training Act is amended
29 by adding Section 10.5 as follows:
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1 (50 ILCS 705/10.5 new)
2 Sec. 10.5. Conservators of the Peace training course.
3 The Board shall initiate, administer, and conduct a training
4 course for conservators of the peace. The training course
5 may include all or any part of the subjects enumerated in
6 Section 7. The Board shall issue a certificate to those
7 persons successfully completing the course.
8 For the purposes of this Section, "conservators of the
9 peace" means those persons designated under Section 3.1-15-25
10 of the Illinois Municipal Code and Section 4-7 of the Park
11 District Code.
12 Section 5. The Illinois Municipal Code is amended by
13 changing Section 11-1-2 as follows:
14 (65 ILCS 5/11-1-2) (from Ch. 24, par. 11-1-2)
15 Sec. 11-1-2. Duties and powers of police officers.
16 (a) Police officers in municipalities shall be
17 conservators of the peace. They shall have the power (i) to
18 arrest or cause to be arrested, with or without process, all
19 persons who break the peace or are found violating any
20 municipal ordinance or any criminal law of the State, (ii) to
21 commit arrested persons for examination, (iii) if necessary,
22 to detain arrested persons in custody over night or Sunday in
23 any safe place or until they can be brought before the proper
24 court, and (iv) to exercise all other powers as conservators
25 of the peace prescribed by the corporate authorities.
26 (b) All warrants for the violation of municipal
27 ordinances or the State criminal law, directed to any person,
28 may be served and executed within the limits of a
29 municipality by any police officer of the municipality. For
30 that purpose, police officers have all the common law and
31 statutory powers of sheriffs.
32 (c) The corporate authorities of each municipality may
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1 prescribe any additional the duties and powers of the all
2 police officers.
3 (Source: Laws 1961, p. 576.)
4 Section 10. The Illinois Municipal Code is amended by
5 changing Section 3.1-15-25 as follows:
6 (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
7 Sec. 3.1-15-25. Conservators of the peace; service of
8 warrants.
9 (a) After receiving a certificate attesting to the
10 successful completion of a training course administered by
11 the Illinois Law Enforcement Training Standards Board, the
12 mayor, aldermen, president, trustees, marshal, deputy
13 marshals, and policemen in municipalities shall be
14 conservators of the peace. Those persons and others
15 authorized by ordinance shall have power (i) to arrest or
16 cause to be arrested, with or without process, all persons
17 who break the peace or are found violating any municipal
18 ordinance or any criminal law of the State, (ii) to commit
19 arrested persons for examination, (iii) if necessary, to
20 detain arrested persons in custody over night or Sunday in
21 any safe place or until they can be brought before the proper
22 court, and (iv) to exercise all other powers as conservators
23 of the peace prescribed by the corporate authorities.
24 (b) All warrants for the violation of municipal
25 ordinances or the State criminal law, directed to any person,
26 may be served and executed within the limits of a
27 municipality by any policeman or marshal of the municipality.
28 For that purpose, policemen and marshals have all the common
29 law and statutory powers of sheriffs.
30 (Source: P.A. 87-1119.)
31 Section 15. The Park District Code is amended by
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1 changing Section 4-7 as follows:
2 (70 ILCS 1205/4-7) (from Ch. 105, par. 4-7)
3 Sec. 4-7. Employees; police force. The board of any
4 park district may employ engineers, attorneys, clerks and
5 other employees, including a police force, as may be
6 required, and may define and prescribe their respective
7 duties and compensation. After receiving a certificate
8 attesting to the successful completion of a training course
9 administered by the Illinois Law Enforcement Training
10 Standards Board, the members of the board and all police
11 officers appointed by the board shall be conservators of the
12 peace within and upon the parks, boulevards, driveways, and
13 property controlled by that park district, and shall have
14 power to make arrests subject to the provisions of the Park
15 District Police Act. The exercise of such authority shall not
16 permit the possession or use of firearms by members of the
17 board.
18 (Source: P.A. 89-458, eff. 5-24-96.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.