State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_SB0437eng

      65 ILCS 5/10-2.1-6        from Ch. 24, par. 10-2.1-6
      65 ILCS 5/10-2.1-8        from Ch. 24, par. 10-2.1-8
      65 ILCS 5/10-2.1-14       from Ch. 24, par. 10-2.1-14
          Amends the Illinois Municipal Code. Provides that a board
      of  fire  and  police  commissioners   may   require   police
      applicants  to  have  obtained  an  associate's  degree  or a
      bachelor's degree as a prerequisite for employment.    Grants
      an  employment  preference  to  persons who have successfully
      obtained  an  associate's  degree  in  the   field   of   law
      enforcement,  criminal  justice,  fire  service, or emergency
      medical services, or a bachelor's degree from  an  accredited
      college  or  university  located in Illinois, and persons who
      have been awarded a certificate attesting to  the  successful
      completion  of  the  Minimum  Standards Basic Law Enforcement
      Training Course and are serving as a law enforcement  officer
      in  Illinois.   Removes  a  preference  for  persons who have
      completed 2 years of study in fire techniques or 2  years  of
      police cadet training.  Effective immediately.
                                                     LRB9001749DNcd
SB437 Engrossed                                LRB9001749DNcd
 1        AN  ACT  to amend the Illinois Municipal Code by changing
 2    Sections 10-2.1-6, 10-2.1-8, and 10-2.1-14.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.   The  Illinois Municipal Code is amended by
 6    changing  Sections  10-2.1-6,  10-2.1-8,  and  10-2.1-14   as
 7    follows:
 8        (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
 9        Sec.     10-2.1-6.     Examination     of     applicants;
10    disqualifications.
11        (a)  All  applicants for a position in either the fire or
12    police department of the municipality shall be subject to  an
13    examination  that  shall  be public, competitive, and open to
14    all applicants (unless the council or board  of  trustees  by
15    ordinance  limit  applicants to electors of the municipality,
16    county, state or nation) and shall be subject  to  reasonable
17    limitations  as  to  residence,  health,  habits,  and  moral
18    character.    The  municipality may not charge or collect any
19    fee from  an  applicant  who  has  met  all  prequalification
20    standards  established  by  the  municipality  for  any  such
21    position.
22        (b)  Residency  requirements  in  effect  at  the time an
23    individual  enters  the  fire  or   police   service   of   a
24    municipality  (other  than  a municipality that has more than
25    1,000,000 inhabitants) cannot be made  more  restrictive  for
26    that  individual  during  his  period  of  service  for  that
27    municipality, or be made a condition of promotion, except for
28    the rank or position of Fire or Police Chief.
29        (c)  No  person  with a record of misdemeanor convictions
30    except those under Sections 11-6, 11-7, 11-9,  11-14,  11-15,
31    11-17,  11-18,  11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
SB437 Engrossed             -2-                LRB9001749DNcd
 1    24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
 2    32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
 3    24-1 of the Criminal Code of 1961 or arrested for  any  cause
 4    but  not  convicted  on that cause shall be disqualified from
 5    taking the examination to qualify for a position in the  fire
 6    department on grounds of habits or moral character.
 7        (d)  (Blank).
 8        (e)  Applicants  who  are  20  years  of age and who have
 9    successfully completed 2 years of law enforcement studies  at
10    an  accredited  college  or  university may be considered for
11    appointment to active duty with the  police  department.   An
12    applicant  described  in this subsection (e) who is appointed
13    to active duty shall not have power of arrest, nor shall  the
14    applicant  be  permitted  to  carry firearms, until he or she
15    reaches 21 years of age.
16        (f)  Applicants who are 18 years  of  age  and  who  have
17    successfully  completed  2 years of study in fire techniques,
18    amounting to a total of 4 high  school  credits,  within  the
19    cadet  program  of  a  municipality  may  be  considered  for
20    appointment  to  active  duty with the fire department of any
21    municipality.
22        (g)  The council or board of trustees  may  by  ordinance
23    provide  that  persons  residing outside the municipality are
24    eligible to take the examination.
25        (h)  The examinations shall be practical in character and
26    relate to those matters that will fairly test the capacity of
27    the persons examined to discharge the duties of the positions
28    to which they seek appointment. No person shall be  appointed
29    to  the  police  or  fire  department  if  he or she does not
30    possess a high school diploma or an  equivalent  high  school
31    education.  A  board of fire and police commissioners may, by
32    its rules, require police  applicants  to  have  obtained  an
33    associate's  degree  or a bachelor's degree as a prerequisite
34    for employment.  The  examinations  shall  include  tests  of
SB437 Engrossed             -3-                LRB9001749DNcd
 1    physical  qualifications  and  health.  No  person  shall  be
 2    appointed  to  the police or fire department if he or she has
 3    suffered the amputation of any limb  unless  the  applicant's
 4    duties  will  be  only  clerical  or as a radio operator.  No
 5    applicant shall be examined concerning his or  her  political
 6    or  religious  opinions  or  affiliations.   The examinations
 7    shall  be  conducted  by  the  board  of  fire   and   police
 8    commissioners   of  the  municipality  as  provided  in  this
 9    Division 2.1.
10        (i)  No person who is classified by his  local  selective
11    service  draft  board as a conscientious objector, or who has
12    ever been so classified,  may  be  appointed  to  the  police
13    department.
14        (j)  No  person  shall be appointed to the police or fire
15    department unless he or she is a person of good character and
16    not an habitual drunkard, gambler, or a person who  has  been
17    convicted  of  a felony or a crime involving moral turpitude.
18    No person, however, shall be disqualified from appointment to
19    the  fire  department  because  of  his  or  her  record   of
20    misdemeanor  convictions  except  those  under Sections 11-6,
21    11-7, 11-9, 11-14, 11-15, 11-17, 11-18,  11-19,  12-2,  12-6,
22    12-15,  14-4,  16-1,  21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
23    31-4,  31-6,  31-7,  32-1,  32-2,  32-3,  32-4,   32-8,   and
24    subsections  (1), (6) and (8) of Section 24-1 of the Criminal
25    Code of 1961 or arrest for any cause  without  conviction  on
26    that  cause.  Any such person who is in the department may be
27    removed on charges brought and after a trial as  provided  in
28    this Division 2.1.
29    (Source: P.A. 88-45; 89-52, eff. 6-30-95.)
30        (65 ILCS 5/10-2.1-8) (from Ch. 24, par. 10-2.1-8)
31        Sec.   10-2.1-8.   Veteran's   and   educational  cadet's
32    preference.)   Persons  who  have  successfully  obtained  an
33    associate's  degree in the field of law enforcement, criminal
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 1    justice, fire service, or emergency medical  services,  or  a
 2    bachelor's  degree  from  an accredited college or university
 3    located  in  Illinois;  persons  who  have  been  awarded   a
 4    certificate  attesting  to  the  successful completion of the
 5    Minimum Standards Basic Law Enforcement  Training  Course  as
 6    provided   in  the  Illinois  Police  Training  Act  and  are
 7    currently serving as a law enforcement officer on a part-time
 8    or full-time basis within the State of Illinois; completed  2
 9    years  of study in fire techniques or 2 years of police cadet
10    training within the cadet program established under the rules
11    of the Fire and Police Commission  of  any  municipality  and
12    persons  who were engaged in the military or naval service of
13    the United States for a period of at least one year  and  who
14    were  honorably  discharged  therefrom, or who are now or may
15    hereafter be on inactive or reserve duty in such military  or
16    naval  service  (not  including,  however,  in  the  case  of
17    offices,  positions  and  places  of employment in the police
18    department, persons who were convicted  by  court-martial  of
19    disobedience  of orders, where such disobedience consisted in
20    the refusal to perform military  service  on  the  ground  of
21    religious  or  conscientious objections against war) shall be
22    preferred for appointments to offices, positions, and  places
23    of  employment  in  the  fire  and  police departments of the
24    municipality coming under the  provisions  of  this  Division
25    2.1.  The  preference points awarded under this Section shall
26    not be cumulative.
27        This amendatory  Act  of  1973  does  not  apply  to  any
28    municipality which is a home rule unit.
29    (Source: P.A. 79-1075.)
30        (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
31        Sec. 10-2.1-14. Register of eligibles.  The board of fire
32    and police commissioners shall prepare and keep a register of
33    persons  whose general average standing, upon examination, is
SB437 Engrossed             -5-                LRB9001749DNcd
 1    not less than the minimum fixed by the rules  of  the  board,
 2    and  who  are  otherwise  eligible.  These persons shall take
 3    rank upon the register as candidates in the  order  of  their
 4    relative  excellence  as  determined  by examination, without
 5    reference to priority of time of examination. Applicants  who
 6    have been awarded a certificate attesting to their successful
 7    completion  of  the  Minimum  Standards Basic Law Enforcement
 8    Training Course, as provided in the Illinois Police  Training
 9    Act, may be given preference in appointment over noncertified
10    applicants.
11        Within  60  days  after  each examination, an eligibility
12    list shall be posted by the board, which shall show the final
13    grades of the candidates without  reference  to  priority  of
14    time of examination and subject to claim for military credit.
15    Candidates  who are eligible for military credit shall make a
16    claim in writing within 10 days  after  the  posting  of  the
17    eligibility  list  or  such  claim  shall  be  deemed waived.
18    Appointment shall be subject to a final physical examination.
19    (Source: P.A. 89-52, eff. 6-30-95.)
20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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