Public Act 90-0540 of the 90th General Assembly

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Public Act 90-0540

SB369 Re-enrolled                              LRB9002517PTcw

    AN ACT concerning peace officers.

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

    Section  1.  The  Attorney  General  Act  is  amended  by
changing Section 4c as follows:

    (15 ILCS 205/4c) (from Ch. 14, par. 4c)
    Sec.  4c.  Subject to the qualifications set forth below,
investigators employed by the Attorney General shall be peace
officers and shall have all the powers possessed by policemen
in cities and by sheriffs; provided, that Attorney  General's
investigators  may shall exercise such powers anywhere in the
State only after contact and in cooperation  with  and  after
contact  with the appropriate local law enforcement officials
agencies.
    No investigator employed by the  Attorney  General  shall
have peace officer status or exercise police powers unless he
or  she  successfully  completes  the  basic  police training
course mandated and approved by the Illinois Law  Enforcement
Training  Standards  Board  or such board waives the training
requirement  by  reason  of  the  investigator's  prior   law
enforcement experience or training or both.
    The board shall not waive the training requirement unless
the investigator has had a minimum of 5 years experience as a
sworn  officer  of  a local, state or federal law enforcement
agency, 2 of  which  shall  have  been  in  an  investigatory
capacity.
(Source: P.A. 88-586, eff. 8-12-94.)

    Section  3.  The  Illinois Police Training Act is amended
by adding Section 10.5 as follows:
    (50 ILCS 705/10.5 new)
    Sec. 10.5.  Conservators of the  Peace  training  course.
The  Board shall initiate, administer, and conduct a training
course for conservators of the peace.   The  training  course
may  include  all  or  any part of the subjects enumerated in
Section 7.  The Board shall  issue  a  certificate  to  those
persons successfully completing the course.
    For  the  purposes  of this Section, "conservators of the
peace" means those persons designated under Section 3.1-15-25
of the Illinois Municipal Code and Section 4-7  of  the  Park
District Code.

    Section  5.   The  Illinois  Municipal Code is amended by
changing Section 11-1-2 as follows:

    (65 ILCS 5/11-1-2) (from Ch. 24, par. 11-1-2)
    Sec. 11-1-2. Duties and powers of police officers.
    (a)  Police   officers   in   municipalities   shall   be
conservators of the peace. They shall have the power  (i)  to
arrest  or cause to be arrested, with or without process, all
persons who break  the  peace  or  are  found  violating  any
municipal ordinance or any criminal law of the State, (ii) to
commit  arrested persons for examination, (iii) if necessary,
to detain arrested persons in custody over night or Sunday in
any safe place or until they can be brought before the proper
court, and (iv) to exercise all other powers as  conservators
of the peace prescribed by the corporate authorities.
    (b)  All   warrants   for   the  violation  of  municipal
ordinances or the State criminal law, directed to any person,
may  be  served  and  executed  within  the   limits   of   a
municipality  by  any police officer of the municipality. For
that purpose, police officers have all  the  common  law  and
statutory powers of sheriffs.
    (c)  The  corporate  authorities of each municipality may
prescribe any additional the duties and  powers  of  the  all
police officers.
(Source: Laws 1961, p. 576.)

    Section  10.  The  Illinois  Municipal Code is amended by
changing Section 3.1-15-25 as follows:

    (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
    Sec. 3.1-15-25.  Conservators of the  peace;  service  of
warrants.
    (a)  After  receiving  a  certificate  attesting  to  the
successful  completion  of  a training course administered by
the Illinois Law Enforcement Training  Standards  Board,  the
mayor,   aldermen,   president,   trustees,  marshal,  deputy
marshals,  and   policemen   in   municipalities   shall   be
conservators   of   the  peace.   Those  persons  and  others
authorized by ordinance shall have power  (i)  to  arrest  or
cause  to  be  arrested, with or without process, all persons
who break the peace or  are  found  violating  any  municipal
ordinance  or  any  criminal law of the State, (ii) to commit
arrested persons for  examination,  (iii)  if  necessary,  to
detain  arrested  persons  in custody over night or Sunday in
any safe place or until they can be brought before the proper
court, and (iv) to exercise all other powers as  conservators
of the peace prescribed by the corporate authorities.
    (b)  All   warrants   for   the  violation  of  municipal
ordinances or the State criminal law, directed to any person,
may  be  served  and  executed  within  the   limits   of   a
municipality by any policeman or marshal of the municipality.
For  that purpose, policemen and marshals have all the common
law and statutory powers of sheriffs.
(Source: P.A. 87-1119.)

    Section  15.  The  Park  District  Code  is  amended   by
changing Section 4-7 as follows:

    (70 ILCS 1205/4-7) (from Ch. 105, par. 4-7)
    Sec.  4-7.   Employees;  police  force.  The board of any
park district may employ  engineers,  attorneys,  clerks  and
other   employees,  including  a  police  force,  as  may  be
required, and  may  define  and  prescribe  their  respective
duties  and  compensation.    After  receiving  a certificate
attesting to the successful completion of a  training  course
administered   by   the  Illinois  Law  Enforcement  Training
Standards Board, the members of  the  board  and  all  police
officers  appointed by the board shall be conservators of the
peace within and upon the parks, boulevards,  driveways,  and
property  controlled  by  that  park district, and shall have
power to make arrests subject to the provisions of  the  Park
District Police Act. The exercise of such authority shall not
permit  the  possession  or use of firearms by members of the
board.
(Source: P.A. 89-458, eff. 5-24-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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