Public Act 0651 99TH GENERAL ASSEMBLY

HB5910 Enrolled LRB099 18730 RLC 43114 b

Public Act 099-0651

AN ACT concerning federal law enforcement agencies.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. The Illinois Police Training Act is amended by changing Section 3 as follows:

(50 ILCS 705/3) (from Ch. 85, par. 503)

Sec. 3. Board - composition - appointments - tenure - vacancies. The Board shall be composed of 19 20 members selected as follows: The Attorney General of the State of Illinois, the Director of State Police, the Director of Corrections, the Superintendent of the Chicago Police Department, the Sheriff of Cook County, the Director of the Illinois Police Training Institute, the Special Agent in Charge of the Springfield, Illinois, division of the Federal Bureau of Investigation, the Clerk of the Circuit Court of Cook County, and the following to be appointed by the Governor: 2 mayors or village presidents of Illinois municipalities, 2 Illinois county sheriffs from counties other than Cook County, 2 managers of Illinois municipalities, 2 chiefs of municipal police departments in Illinois having no Superintendent of the Police Department on the Board, 2 citizens of Illinois who shall be members of an organized enforcement officers' association, one active member of a statewide association representing sheriffs, and one active member of a statewide association representing municipal police chiefs. The appointments of the Governor shall be made on the first Monday of August in 1965 with 3 of the appointments to be for a period of one year, 3 for 2 years, and 3 for 3 years. Their successors shall be appointed in like manner for terms to expire the first Monday of August each 3 years thereafter. All members shall serve until their respective successors are appointed and qualify. Vacancies shall be filled by the Governor for the unexpired terms.

(Source: P.A. 97-327, eff. 1-1-12; 97-747, eff. 7-6-12.)

Section 5. The Criminal Code of 2012 is amended by changing Section 2-13 as follows:

(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)

Sec. 2-13. "Peace officer". "Peace officer" means (i) any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or (ii) any person who, by statute, is granted and authorized to exercise powers similar to those conferred upon any peace officer employed by a law enforcement agency of this State.

For purposes of Sections concerning unlawful use of weapons, for the purposes of assisting an Illinois peace officer in an arrest, or when the commission of any offense under Illinois law is directly observed by the person, and statutes involving the false personation of a peace officer, false personation of a peace officer while carrying a deadly weapon, false personation of a peace officer in attempting or committing a felony, and false personation of a peace officer in attempting or committing a forcible felony, then officers, agents, or employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws shall be considered "peace officers" under this Code, including, but not limited to all criminal investigators of:

(1) the United States Department of Justice, the Federal Bureau of Investigation, the Drug Enforcement Agency and all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws the Department of Immigration and Naturalization;

(1.5) the United States Department of Homeland Security, United States Citizenship and Immigration Services, United States Coast Guard, United States Customs and Border Protection, and United States Immigration and Customs Enforcement;

(2) the United States Department of the Treasury, the Alcohol and Tobacco Tax and Trade Bureau, and the United States the Secret Service, the Bureau of Alcohol, Tobacco and Firearms and the Customs Service;

(3) the United States Internal Revenue Service;

(4) the United States General Services Administration;

(5) the United States Postal Service;

(6) (blank); and all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws; and

(7) the United States Department of Defense.

(Source: P.A. 97-1150, eff. 1-25-13.)

Section 10. The Federal Law Enforcement Officer Immunity Act is amended by changing Section 5 as follows:

(745 ILCS 22/5)

Sec. 5. Definition. As used in this Act, "federal law enforcement officer" means any officer, agent or employee of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws, including but not limited to, all criminal investigators of:

(a) The United States Department of Justice, the The Federal Bureau of Investigation, the The Drug Enforcement Agency and all United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws and The Department of Immigration and Naturalization;

(a-5) The United States Department of Homeland Security, United States Citizenship and Immigration Services, United States Coast Guard, United States Customs and Border Protection, and United States Immigration and Customs Enforcement;

(b) The United States Department of the Treasury, the Alcohol and Tobacco Tax and Trade Bureau, and the United States The Secret Service, The Bureau of Alcohol, Tobacco and Firearms and The Customs Service;

(c) The United States Internal Revenue Service;

(d) The United States General Services Administration;

(e) The United States Postal Service; and

(f) (Blank); and All United States Marshals or Deputy United States Marshals whose duties involve the enforcement of federal criminal laws.

(g) The United States Department of Defense.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 99. Effective date. This Section and Section 1 take effect upon becoming law.

Effective Date: 7/28/2016