Illinois General Assembly - Full Text of Public Act 094-0846
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Public Act 094-0846


 

Public Act 0846 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0846
 
SB2243 Enrolled LRB094 16076 DRH 51311 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Police Training Act is amended by
changing Section 2 as follows:
 
    (50 ILCS 705/2)  (from Ch. 85, par. 502)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    "Board" means the Illinois Law Enforcement Training
Standards Board.
    "Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
    "Police training school" means any school located within
the State of Illinois whether privately or publicly owned which
offers a course in police or county corrections training and
has been approved by the Board.
    "Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training school
to be eligible for permanent full-time employment as a local
law enforcement officer.
    "Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
    "Permanent police officer" means a law enforcement officer
who has completed his or her probationary period and is
permanently employed on a full-time basis as a local law
enforcement officer by a participating local governmental unit
or as a security officer or campus policeman permanently
employed by a participating State-controlled university,
college, or public community college.
    "Part-time police officer" means a law enforcement officer
who has completed his or her probationary period and is
employed on a part-time basis as a law enforcement officer by a
participating unit of local government or as a campus policeman
by a participating State-controlled university, college, or
public community college.
    "Law enforcement officer" means (i) any police officer of a
local governmental agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
    "Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is enrolled
in an approved training course.
    "Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.
    "Permanent county corrections officer" means a county
corrections officer who has completed his probationary period
and is permanently employed on a full-time basis as a county
corrections officer by a participating local governmental
unit.
    "County corrections officer" means any sworn officer of the
sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
    "Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
    "Permanent court security officer" means a court security
officer who has completed his or her probationary period and is
employed as a court security officer by a participating local
governmental unit.
    "Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
(Source: P.A. 90-271, eff. 7-30-97; 91-357, eff. 7-29-99.)
 
    Section 10. The Railroad Police Act is amended by changing
Section 2 as follows:
 
    (610 ILCS 80/2)  (from Ch. 114, par. 98)
    Sec. 2. Conductors of all railroad trains, and the captain
or master of any boat carrying passengers within the
jurisdiction of this state, is vested with police powers while
on duty on their respective trains and boats, and may wear an
appropriate badge indicative of such authority.
    In the policing of its properties any registered rail
carrier, as defined in Section 18c-7201 of the Illinois Vehicle
Code, railroad may provide for the appointment and maintenance
of such police force as it may find necessary and practicable
to aid and supplement the police forces of any municipality in
the protection of its property and the protection of the
persons and property of its passengers and employees, or
otherwise in furtherance of the purposes for which such
railroad was organized. While engaged in the conduct of their
employment, the members of such railroad police force have and
may exercise like police powers as those conferred upon any
peace officer employed by a law enforcement agency of this
State the police of cities.
    Any registered rail carrier that appoints and maintains a
police force shall comply with the following requirements:
        (1) Establish an internal policy that includes
    procedures to ensure objective oversight in addressing
    allegations of abuse of authority or other misconduct on
    the part of its police officers.
        (2) Adopt appropriate policies and guidelines for
    employee investigations by police officers. These policies
    and guidelines shall provide for initiating employee
    investigations only under the following conditions:
            (A) There is reason to believe criminal misconduct
        has occurred.
            (B) In response to an employee accident.
            (C) There is reason to believe that the interview
        of an employee could result in workplace violence.
            (D) There is a legitimate concern for the personal
        safety of one or more employees.
        These policies and guidelines shall provide for the
    right of an employee to request a representative to be
    present during any interview concerning a non-criminal
    matter.
        (3) File copies of the policies and guidelines adopted
    under paragraphs (1) and (2) with the Illinois Law
    Enforcement Training Standards Board, which shall make
    them available for public inspection.
(Source: Laws 1968, p. 198.)
 
    Section 15. The Criminal Code of 1961 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 a felony under
Illinois law is directly observed by the person, 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 The
Department of Immigration and Naturalization;
    (2) The United States Department of the Treasury, 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; and
    (6) all United States Marshals Marshalls or Deputy United
States Marshals Marshalls whose duties involve the enforcement
of federal criminal laws.
(Source: P.A. 88-677, eff. 12-15-94; revised 10-13-05.)
 
    Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Section 107-4 as follows:
 
    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
    Sec. 107-4. Arrest by peace officer from other
jurisdiction.
    (a) As used in this Section:
        (1) "State" means any State of the United States and
    the District of Columbia.
        (2) "Peace Officer" means any peace officer or member
    of any duly organized State, County, or Municipal peace
    unit, any or police force of another State, or any police
    force whose members, by statute, are granted and authorized
    to exercise powers similar to those conferred upon any
    peace officer employed by a law enforcement agency of this
    State.
        (3) "Fresh pursuit" means the immediate pursuit of a
    person who is endeavoring to avoid arrest.
        (4) "Law enforcement agency" means a municipal police
    department or county sheriff's office of this State.
    (a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning pursuant
to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State if: (1) the officer is engaged
in the investigation of an offense that occurred in the
officer's primary jurisdiction and the temporary questioning
is conducted or the arrest is made pursuant to that
investigation; or (2) the officer, while on duty as a peace
officer, becomes personally aware of the immediate commission
of a felony or misdemeanor violation of the laws of this State;
or (3) the officer, while on duty as a peace officer, is
requested by an appropriate State or local law enforcement
official to render aid or assistance to the requesting law
enforcement agency that is outside the officer's primary
jurisdiction. While acting pursuant to this subsection, an
officer has the same authority as within his or her own
jurisdiction.
    (a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
    (b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in
custody on the ground that he has committed an offense in this
State.
    (c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or admit
him to bail for such purpose. If the court determines that the
arrest was unlawful it shall discharge the person arrested.
(Source: P.A. 93-232, eff. 1-1-04.)

Effective Date: 1/1/2007