97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0292

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2910/1  from Ch. 127 1/2, par. 501

    Amends the Peace Officer Fire Investigation Act. Makes a technical change in a Section concerning peace officer status.


LRB097 04922 KMW 44962 b

 

 

A BILL FOR

 

SB0292LRB097 04922 KMW 44962 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Peace Officer Fire Investigation Act is
5amended by changing Section 1 as follows:
 
6    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
7    Sec. 1. Peace Officer Status.
8    (a) Any person who is a sworn member of any organized and
9and paid fire department of a political subdivision of this
10State and is authorized to investigate fires or explosions for
11such political subdivision and to determine the cause, origin
12and circumstances of fires or explosions that are suspected to
13be arson or arson-related crimes, may be classified as a peace
14officer by the political subdivision or agency employing such
15person. A person so classified shall possess the same powers of
16arrest, search and seizure and the securing and service of
17warrants as sheriffs of counties, and police officers within
18the jurisdiction of their political subdivision. While in the
19actual investigation and matters incident thereto, such person
20may carry weapons as may be necessary, but only if that person
21has satisfactorily completed (1) a training program offered or
22approved by the Illinois Law Enforcement Training Standards
23Board which substantially conforms to standards promulgated

 

 

SB0292- 2 -LRB097 04922 KMW 44962 b

1pursuant to the Illinois Police Training Act and the Peace
2Officer Firearm Training Act; and (2) a course in fire and
3arson investigation approved by the Office of the State Fire
4Marshal pursuant to the Illinois Fire Protection Training Act.
5Such training need not include exposure to vehicle and traffic
6law, traffic control and accident investigation, or first aid,
7but shall include training in the law relating to the rights of
8persons suspected of involvement in criminal activities.
9    Any person granted the powers enumerated in this subsection
10(a) may exercise such powers only during the actual
11investigation of the cause, origin and circumstances of such
12fires or explosions that are suspected to be arson or
13arson-related crimes.
14    (b) Persons employed by the Office of the State Fire
15Marshal to conduct arson investigations shall be designated
16State Fire Marshal Arson Investigator Special Agents and shall
17be peace officers with all of the powers of peace officers in
18cities and sheriffs in counties, except that they may exercise
19those powers throughout the State. These Special Agents may
20exercise these powers only when engaging in official duties
21during the actual investigation of the cause, origin, and
22circumstances of such fires or explosions that are suspected to
23be arson or arson-related crimes and may carry weapons at all
24times, but only if they have satisfactorily completed (1) a
25training course approved by the Illinois Law Enforcement
26Training Standards Board that substantially conforms to the

 

 

SB0292- 3 -LRB097 04922 KMW 44962 b

1standards promulgated pursuant to the Peace Officer Firearm
2Training Act and (2) a course in fire and arson investigation
3approved by the Office of the State Fire Marshal pursuant to
4the Illinois Fire Protection Training Act. Such training need
5not include exposure to vehicle and traffic law, traffic
6control and accident investigation, or first aid, but shall
7include training in the law relating to the rights of persons
8suspected of involvement in criminal activities.
9    For purposes of this subsection (b), a "State Fire Marshal
10Arson Investigator Special Agent" does not include any fire
11investigator, fireman, police officer, or other employee of the
12federal government; any fire investigator, fireman, police
13officer, or other employee of any unit of local government; or
14any fire investigator, fireman, police officer, or other
15employee of the State of Illinois other than an employee of the
16Office of the State Fire Marshal assigned to investigate arson.
17    The State Fire Marshal must authorize to each employee of
18the Office of the State Fire Marshal who is exercising the
19powers of a peace officer a distinct badge that, on its face,
20(i) clearly states that the badge is authorized by the Office
21of the State Fire Marshal and (ii) contains a unique
22identifying number. No other badge shall be authorized by the
23Office of the State Fire Marshal, except that a badge,
24different from the badge issued to peace officers, may be
25authorized by the Office of the State Fire Marshal for the use
26of fire prevention inspectors employed by that Office. Nothing

 

 

SB0292- 4 -LRB097 04922 KMW 44962 b

1in this subsection prohibits the State Fire Marshal from
2issuing shields or other distinctive identification to
3employees not exercising the powers of a peace officer if the
4State Fire Marshal determines that a shield or distinctive
5identification is needed by the employee to carry out his or
6her responsibilities.
7(Source: P.A. 95-502, eff. 8-28-07.)