Public Act 094-0984
 
SB2680 Enrolled LRB094 18997 BDD 54480 b

    AN ACT concerning law enforcement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Peace Officer Firearm Training Act is
amended by changing Section 2 as follows:
 
    (50 ILCS 710/2)  (from Ch. 85, par. 516)
    Sec. 2. Training course for peace officers.
    (a) Successful completion of a 40 hour course of training
in use of a suitable type firearm shall be a condition
precedent to the possession and use of that respective firearm
by any peace officer in this State in connection with the
officer's official duties. The training must be approved by the
Illinois Law Enforcement Training Standards Board ("the
Board") and may be given in logical segments but must be
completed within 6 months from the date of the officer's
initial employment. To satisfy the requirements of this Act,
the training must include the following:
        (1) Instruction in the dangers of misuse of the
    firearm, safety rules, and care and cleaning of the
    firearm.
        (2) Practice firing on a range and qualification with
    the firearm in accordance with the standards established by
    the Board.
        (3) Instruction in the legal use of firearms under the
    Criminal Code of 1961 and relevant court decisions.
        (4) A forceful presentation of the ethical and moral
    considerations assumed by any person who uses a firearm.
    (b) Any officer who successfully completes the Basic
Training Course prescribed for recruits by the Board shall be
presumed to have satisfied the requirements of this Act.
    (c) The Board shall cause the training courses to be
conducted twice each year within each of the Mobile Team
Regions, but no training course need be held when there are no
police officers requiring the training.
    (d) (Blank). This Act shall not apply to auxiliary
policemen authorized by Section 3.1-30-20 of the Illinois
Municipal Code, except that the training course provided for in
that Section shall contain a presentation of the ethical,
moral, and legal considerations to be taken into account by any
person who uses a firearm.
    (e) The Board may waive, or may conditionally waive, the 40
hour course of training if, in the Board's opinion, the officer
has previously successfully completed a course of similar
content and duration. In cases of waiver, the officer shall
demonstrate his or her knowledge and proficiency by passing the
written examination on firearms and by successfully passing the
range qualification portion of the prescribed course of
training.
(Source: P.A. 90-646, eff. 7-24-98.)
 
    Section 10. The Counties Code is amended by changing
Section 3-6013 as follows:
 
    (55 ILCS 5/3-6013)  (from Ch. 34, par. 3-6013)
    Sec. 3-6013. Duties, training and compensation of
auxiliary deputies. Auxiliary deputies shall not supplement
members of the regular county police department or regular
deputies in the performance of their assigned and normal
duties, except as provided herein. Auxiliary deputies may be
assigned and directed by the sheriff to perform the following
duties in the county:
    To aid or direct traffic within the county, to aid in
control of natural or human made disasters, to aid in case of
civil disorder as assigned and directed by the sheriff,
provided, that in emergency cases which render it impractical
for members of the regular county police department or regular
deputies to perform their assigned and normal duties, the
sheriff is hereby authorized to assign and direct auxiliary
deputies to perform such regular and normal duties.
Identification symbols worn by such auxiliary deputies shall be
different and distinct from those used by members of the
regular county police department or regular deputies. Such
auxiliary deputies shall at all times during the performance of
their duties be subject to the direction and control of the
sheriff of the county. Such auxiliary deputies shall not carry
firearms, except with the permission of the sheriff, and only
while in uniform and in the performance of their assigned
duties.
    Auxiliary deputies, prior to entering upon any of their
duties, shall receive a course of training in the use of
weapons and other police procedures as shall be appropriate in
the exercise of the powers conferred upon them under this
Division, which training and course of study shall be
determined and provided by the sheriff of each county utilizing
auxiliary deputies, provided that, before being permitted to
carry a firearm an auxiliary deputy must have the same course
of training as required of peace officers in Section 2 of the
Peace Officer Firearm Training Act. The county authorities
shall require that all auxiliary deputies be residents of the
county served by them. Prior to the appointment of any
auxiliary deputy his or her fingerprints shall be taken and no
person shall be appointed as such auxiliary deputy if he or she
has been convicted of a felony or other crime involving moral
turpitude.
    Auxiliary deputies may not be paid a salary, except as
provided in Section 3-6036, but may be reimbursed for actual
expenses incurred in performing their assigned duty. The County
Board must approve such actual expenses and arrange for
payment.
    Nothing in this Division shall preclude an auxiliary deputy
from holding a simultaneous appointment as an auxiliary police
officer policeman pursuant to Section 3-6-5 of the Illinois
Municipal Code.
(Source: P.A. 86-972; 86-1475; 87-895.)
 
    Section 15. The Township Code is amended by changing
Section 100-10 as follows:
 
    (60 ILCS 1/100-10)
    Sec. 100-10. Township enforcement officer.
    (a) The township board may appoint a township enforcement
officer to serve for a term of one year and may remove the
officer for cause. Every person appointed to the office of
township enforcement officer, before entering on the duties of
the office and within 10 days after being notified of the
appointment, shall cause to be filed in the office of the
township clerk a notice signifying his or her acceptance of the
office. A neglect to cause the notice to be filed shall be
deemed a refusal to serve.
    (b) The sheriff of the county in which the township is
situated may disapprove the appointment within 30 days after
the notice is filed. The disapproval precludes that person from
serving as the township enforcement officer, and the township
board may appoint another person to that position subject to
approval by the sheriff.
    (c) Every person appointed to the office of township
enforcement officer, before entering upon the duties of the
office, shall execute, with sufficient sureties to be approved
by the supervisor or clerk of the township, an instrument in
writing by which the township enforcement officer and his or
her sureties shall jointly and severally agree to pay to each
and every person who may be entitled thereto all sums of money
as the township enforcement officer may become liable to pay on
account of any neglect or default of the township enforcement
officer or on account of any misfeasance of the township
enforcement officer in the discharge of, or failure to
faithfully perform, any of the duties of the office.
    (d) The township enforcement officer shall have the same
power and authority within the township as a deputy sheriff but
only for the purpose of enforcing township ordinances. The
township enforcement officer shall not carry firearms and will
not be required to comply with the Peace Officer Firearm
Training Act. The officer shall attend law enforcement training
classes conducted by the Illinois Law Enforcement Training
Standards Board. The township board shall appropriate all
necessary monies for the training.
    (d-5) (1) Except as provided in paragraph (2) of this
subsection, in all actions for the violation of any township
ordinance, the township enforcement officer shall be
authorized to issue and to serve upon any person who the
township enforcement officer has reasonable grounds to believe
is guilty of a violation of a township ordinance a notice of
violation that shall constitute a summons and complaint. A copy
of such notice of violation shall be forwarded to the circuit
court having jurisdiction over the township where the violation
is alleged to have been committed. Every person who has been
issued a summons shall appear for trial, and the action shall
be prosecuted in the corporate name of the township.
    (2) In all actions for violation of any township ordinance
when the fine would not be in excess of $500 and no jail term
could be imposed, service of summons may be made by the
township clerk by certified mail, return receipt requested,
whether service is to be within or without the State.
    (e) The township enforcement officer shall carry an
identification document provided by the township board
identifying him or her as the township enforcement officer. The
officer shall notify the township clerk of any violations of
township ordinances.
    (f) Nothing in this Code precludes a county auxiliary
deputy or deputy sheriff, or a municipal policeman or auxiliary
police officer policeman from serving as a township enforcement
officer during off-duty hours.
    (g) The township board may provide compensation for the
township enforcement officer on either a per diem or a salary
basis.
    (h) (Blank).
(Source: P.A. 88-62; 88-586, eff. 8-12-94; 89-589, eff.
1-1-97.)
 
    Section 20. The Illinois Municipal Code is amended by
changing Sections 3.1-30-5, 3.1-30-20, 10-1-7, 10-2.1-4,
10-2.1-6, and 10-3-1 as follows:
 
    (65 ILCS 5/3.1-30-5)  (from Ch. 24, par. 3.1-30-5)
    Sec. 3.1-30-5. Appointed officers in all municipalities.
    (a) The mayor or president, as the case may be, by and with
the advice and consent of the city council or the board of
trustees, may appoint (1) a treasurer (if the treasurer is not
an elected position in the municipality), (2) a collector, (3)
a comptroller, (4) a marshal, (5) an attorney or a corporation
counsel, (6) one or more purchasing agents and deputies, (7)
the number of auxiliary police officers policemen determined
necessary by the corporate authorities, (8) police matrons, (9)
a commissioner of public works, (10) a budget director or a
budget officer, and (11) other officers necessary to carry into
effect the powers conferred upon municipalities.
    (b) By ordinance or resolution to take effect at the end of
the current fiscal year, the corporate authorities, by a
two-thirds vote, may discontinue any appointed office and
devolve the duties of that office on any other municipal
officer. After discontinuance, no officer filling the office
before its discontinuance shall have any claim against the
municipality for salary alleged to accrue after the date of
discontinuance.
    (c) Vacancies in all appointed municipal offices may be
filled in the same manner as appointments are made under
subsection (a). The city council or board of trustees of a
municipality, by ordinance not inconsistent with this Code, may
prescribe the duties, define the powers, and fix the term of
office of all appointed officers of the municipality; but the
term of office, except as otherwise expressly provided in this
Code, shall not exceed that of the mayor or president of the
municipality.
    (d) An appointed officer of a municipality may resign from
his or her office. If an appointed officer resigns, he or she
shall continue in office until a successor has been chosen and
has qualified. If there is a failure to appoint a municipal
officer, or the person appointed fails to qualify, the person
filling the office shall continue in office until a successor
has been chosen and has qualified. If an appointed municipal
officer ceases to perform the duties of or to hold the office
by reason of death, permanent physical or mental disability,
conviction of a disqualifying crime, or dismissal from or
abandonment of office, the mayor or president of the
municipality may appoint a temporary successor to the officer.
(Source: P.A. 87-1119; 88-537.)
 
    (65 ILCS 5/3.1-30-20)  (from Ch. 24, par. 3.1-30-20)
    Sec. 3.1-30-20. Auxiliary police officers policemen.
    (a) Auxiliary police officers policemen shall not be
members of the regular police department of the municipality.
Auxiliary police officers policemen shall not supplement
members of the regular police department of any municipality in
the performance of their assigned and normal duties, except as
otherwise provided in this Code. Auxiliary police officers
policemen shall only be assigned to perform the following
duties in a municipality: (i) to aid or direct traffic within
the municipality, (ii) to aid in control of natural or man made
disasters, and (iii) to aid in case of civil disorder as
directed by the chief of police. When it is impractical for
members of the regular police department to perform those
normal and regular police duties, however, the chief of police
of the regular police department may assign auxiliary police
officers policemen to perform those normal and regular police
duties. Identification symbols worn by auxiliary police
officers policemen shall be different and distinct from those
used by members of the regular police department. Auxiliary
police officers policemen shall at all times during the
performance of their duties be subject to the direction and
control of the chief of police of the municipality. Auxiliary
police officers policemen shall not carry firearms, except with
the permission of the chief of police and while in uniform and
in the performance of their duties. Auxiliary police officers
policemen, when on duty, shall also be conservators of the
peace and shall have the powers specified in Section 3.1-15-25.
    (b) Auxiliary police officers policemen, before entering
upon any of their duties, shall receive a course of training in
the use of weapons and other police procedures appropriate for
the exercise of the powers conferred upon them under this Code.
The training and course of study shall be determined and
provided by the corporate authorities of each municipality
employing auxiliary police officers policemen. Before being
permitted to carry a firearm, however, an auxiliary police
officer must have the same course of training as required of
peace officers under Section 2 of the Peace Officer Firearm
Training Act. The municipal authorities may require that all
auxiliary police officers policemen be residents of the
municipality served by them. Before the appointment of an
auxiliary police officer policeman, the person's fingerprints
shall be taken, and no person shall be appointed as an
auxiliary police officer policeman if that person has been
convicted of a felony or other crime involving moral turpitude.
    (c) The Line of Duty Law Enforcement Officers, Civil
Defense Workers, Civil Air Patrol Members, Paramedics and
Firemen Compensation Act shall be applicable to auxiliary
police officers policemen upon their death in the line of duty
described in this Code.
(Source: P.A. 87-1119; revised 11-15-04.)
 
    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
    Sec. 10-1-7. Examination of applicants; disqualifications.
    (a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
    (b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
    (c) No person with a record of misdemeanor convictions
except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
24-1 of the Criminal Code of 1961 or arrested for any cause but
not convicted on that cause shall be disqualified from taking
the examination on grounds of habits or moral character, unless
the person is attempting to qualify for a position on the
police department, in which case the conviction or arrest may
be considered as a factor in determining the person's habits or
moral character.
    (d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer policeman under Section
3.1-30-20 for at least 5 years and is under 40 years of age.
    (e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
    (f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.
    (g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of
the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations. The commission
may at any time substitute any other person, whether or not in
the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves
at any time act as examiners without appointing examiners. The
examiners at any examination shall not all be members of the
same political party.
    (h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
    (i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
    (j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he or
she reaches 21 years of age.
    (k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
    (l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
(Source: P.A. 94-135, eff. 7-7-05.)
 
    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
    Sec. 10-2.1-4. Fire and police departments; Appointment of
members; Certificates of appointments.
    The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments of
the municipality, including the chief of police and the chief
of the fire department, unless the council or board of trustees
shall by ordinance as to them otherwise provide; except as
otherwise provided in this Section, and except that in any
municipality which adopts or has adopted this Division 2.1 and
also adopts or has adopted Article 5 of this Code, the chief of
police and the chief of the fire department shall be appointed
by the municipal manager, if it is provided by ordinance in
such municipality that such chiefs, or either of them, shall
not be appointed by the board of fire and police commissioners.
    If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
    If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard
as to whether a vacancy then exists in that rank.
    All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
    The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners.
    The term "policemen" as used in this Division does not
include auxiliary police officers policemen except as provided
for in Section 10-2.1-6.
    Any full time member of a regular fire or police department
of any municipality which comes under the provisions of this
Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
    Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-homerule municipality
of more than 130,000 inhabitants may, without the advice or
consent of the Board of Fire and Police Commissioners, appoint
up to 6 officers who shall be known as deputy chiefs or
assistant deputy chiefs, and whose rank shall be immediately
below that of Chief. The deputy or assistant deputy chiefs may
be appointed from any rank of sworn officers of that
municipality, but no person who is not such a sworn officer may
be so appointed. Such deputy chief or assistant deputy chief
shall have the authority to direct and issue orders to all
employees of the Department holding the rank of captain or any
lower rank. A deputy chief of police or assistant deputy chief
of police, having been appointed from any rank of sworn
officers of that municipality, shall be permitted, regardless
of rank, to take promotional exams and be promoted to a higher
classified rank than he currently holds, without having to
resign as deputy chief of police or assistant deputy chief of
police.
    Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide for
no more than one deputy chief position if the police department
has fewer than 25 full-time police officers and for no more
than 2 deputy chief positions if the police department has 25
or more full-time police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The
deputy chief may be appointed from any rank of sworn, full-time
officers of the municipality's police department, but must have
at least 5 years of full-time service as a police officer in
that department. A deputy chief shall serve at the discretion
of the Chief and, if removed from the position, shall revert to
the rank currently held, without regard as to whether a vacancy
exists in that rank. A deputy chief of police, having been
appointed from any rank of sworn full-time officers of that
municipality's police department, shall be permitted,
regardless of rank, to take promotional exams and be promoted
to a higher classified rank than he currently holds, without
having to resign as deputy chief of police.
    No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
(Source: P.A. 93-486, eff. 8-8-03; 94-135, eff. 7-7-05.)
 
    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
    Sec. 10-2.1-6. Examination of applicants;
disqualifications.
    (a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may not
charge or collect any fee from an applicant who has met all
prequalification standards established by the municipality for
any such position.
    (b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his period of service for that municipality,
or be made a condition of promotion, except for the rank or
position of Fire or Police Chief.
    (c) No person with a record of misdemeanor convictions
except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
24-1 of the Criminal Code of 1961 or arrested for any cause but
not convicted on that cause shall be disqualified from taking
the examination to qualify for a position in the fire
department on grounds of habits or moral character.
    (d) The age limitation in subsection (a) does not apply (i)
to any person previously employed as a policeman or fireman in
a regularly constituted police or fire department of (I) any
municipality or (II) a fire protection district whose
obligations were assumed by a municipality under Section 21 of
the Fire Protection District Act, (ii) to any person who has
served a municipality as a regularly enrolled volunteer fireman
for 5 years immediately preceding the time that municipality
begins to use full time firemen to provide all or part of its
fire protection service, or (iii) to any person who has served
as an auxiliary police officer policeman under Section
3.1-30-20 for at least 5 years and is under 40 years of age,
(iv) to any person who has served as a deputy under Section
3-6008 of the Counties Code and otherwise meets necessary
training requirements, or (v) to any person who has served as a
sworn officer as a member of the Illinois Department of State
Police.
    (e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at an
accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to
active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
    (f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality may be considered for appointment to
active duty with the fire department of any municipality.
    (g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
    (h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed to
the police or fire department if he or she does not possess a
high school diploma or an equivalent high school education. A
board of fire and police commissioners may, by its rules,
require police applicants to have obtained an associate's
degree or a bachelor's degree as a prerequisite for employment.
The examinations shall include tests of physical
qualifications and health. No person shall be appointed to the
police or fire department if he or she has suffered the
amputation of any limb unless the applicant's duties will be
only clerical or as a radio operator. No applicant shall be
examined concerning his or her political or religious opinions
or affiliations. The examinations shall be conducted by the
board of fire and police commissioners of the municipality as
provided in this Division 2.1.
    (i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
    (j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude. No
person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor
convictions except those under Sections 11-6, 11-7, 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4,
16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7,
32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8)
of Section 24-1 of the Criminal Code of 1961 or arrest for any
cause without conviction on that cause. Any such person who is
in the department may be removed on charges brought and after a
trial as provided in this Division 2.1.
(Source: P.A. 94-29, eff. 6-14-05.)
 
    (65 ILCS 5/10-3-1)  (from Ch. 24, par. 10-3-1)
    Sec. 10-3-1. The salary to be paid to a policeman in any
municipality with 5,000 or more inhabitants but with less than
25,000 inhabitants, shall be not less than $500 per month. The
salary to be paid to a policeman in any municipality with
25,000 or more inhabitants but with less than 50,000
inhabitants shall be not less than $550 per month. The salary
to be paid to a policeman in any municipality with 50,000 or
more inhabitants but with less than 250,000 inhabitants shall
be not less than $600 per month.
    In this Section 10-3-1 "policeman" means any member of a
regularly constituted police department of a municipality,
sworn and commissioned to perform police duties, and includes
the chief of police, assistant chief of police, chief of
detectives, captains, lieutenants, sergeants, plain clothes
men and patrolmen. The term "policeman" as used in this Section
10-3-1 does not include any of the following persons: Part time
policemen, special policemen, auxiliary police officers
policemen, policemen serving initial probationary periods,
night watchmen, temporary employees, clerks or other civilian
employees of a police department, traffic guards, civilian
parking meter and parking facilities personnel or so-called
auxiliary police officers policemen specially appointed to aid
or direct traffic at or near schools or public functions, or to
aid in civilian defense, or special policemen temporarily
employed or commissioned as police officers.
(Source: Laws 1968, p. 76.)
 
    Section 25. The Criminal Code of 1961 is amended by
changing Section 17-2 as follows:
 
    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
    Sec. 17-2. False personation; use of title; solicitation;
certain entities.
    (a) A person commits a false personation when he or she
falsely represents himself or herself to be a member or
representative of any veterans' or public safety personnel
organization or a representative of any charitable
organization, or when any person exhibits or uses in any manner
any decal, badge or insignia of any charitable, public safety
personnel, or veterans' organization when not authorized to do
so by the charitable, public safety personnel, or veterans'
organization. "Public safety personnel organization" has the
meaning ascribed to that term in Section 1 of the Solicitation
for Charity Act.
    (a-5) A person commits a false personation when he or she
falsely represents himself or herself to be a veteran in
seeking employment or public office. In this subsection,
"veteran" means a person who has served in the Armed Services
or Reserved Forces of the United States.
    (b) No person shall use the words "Chicago Police,"
"Chicago Police Department," "Chicago Patrolman," "Chicago
Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
any other words to the same effect in the title of any
organization, magazine, or other publication without the
express approval of the Chicago Police Board.
    (b-5) No person shall use the words "Cook County Sheriff's
Police" or "Cook County Sheriff" or any other words to the same
effect in the title of any organization, magazine, or other
publication without the express approval of the office of the
Cook County Sheriff's Merit Board. The references to names and
titles in this Section may not be construed as authorizing use
of the names and titles of other organizations or public safety
personnel organizations otherwise prohibited by this Section
or the Solicitation for Charity Act.
    (b-10) No person may use, in the title of any organization,
magazine, or other publication, the words "officer", "peace
officer", "police", "law enforcement", "trooper", "sheriff",
"deputy", "deputy sheriff", or "state police" in combination
with the name of any state, state agency, public university, or
unit of local government without the express written
authorization of that state, state agency, or unit of local
government.
    (c) (Blank).
    (c-1) No person may claim or represent that he or she is
acting on behalf of any police department, chief of a police
department, fire department, chief of a fire department,
sheriff's department, or sheriff when soliciting financial
contributions or selling or delivering or offering to sell or
deliver any merchandise, goods, services, memberships, or
advertisements unless the chief of the police department, fire
department, and the corporate or municipal authority thereof,
or the sheriff has first entered into a written agreement with
the person or with an organization with which the person is
affiliated and the agreement permits the activity.
    (c-2) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements
may claim or represent that he or she is representing or acting
on behalf of any nongovernmental organization by any name which
includes "officer", "peace officer", "police", "law
enforcement", "trooper", "sheriff", "deputy", "deputy
sheriff", "State police", or any other word or words which
would reasonably be understood to imply that the organization
is composed of law enforcement personnel unless the person is
actually representing or acting on behalf of the
nongovernmental organization, and the nongovernmental
organization is controlled by and governed by a membership of
and represents a group or association of active duty peace
officers, retired peace officers, or injured peace officers and
before commencing the solicitation or the sale or the offers to
sell any merchandise, goods, services, memberships, or
advertisements, a written contract between the soliciting or
selling person and the nongovernmental organization has been
entered into.
    (c-3) No person may solicit financial contributions or sell
or deliver or offer to sell or deliver any merchandise, goods,
services, memberships, or advertisements on behalf of a police,
sheriff, or other law enforcement department unless that person
is actually representing or acting on behalf of the department
or governmental organization and has entered into a written
contract with the police chief, or head of the law enforcement
department, and the corporate or municipal authority thereof,
or the sheriff, which specifies and states clearly and fully
the purposes for which the proceeds of the solicitation,
contribution, or sale will be used.
    (c-4) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements,
may claim or represent that he or she is representing or acting
on behalf of any nongovernmental organization by any name which
includes the term "fireman", "fire fighter", "paramedic", or
any other word or words which would reasonably be understood to
imply that the organization is composed of fire fighter or
paramedic personnel unless the person is actually representing
or acting on behalf of the nongovernmental organization, and
the nongovernmental organization is controlled by and governed
by a membership of and represents a group or association of
active duty, retired, or injured fire fighters (for the
purposes of this Section, "fire fighter" has the meaning
ascribed to that term in Section 2 of the Illinois Fire
Protection Training Act) or active duty, retired, or injured
emergency medical technicians - ambulance, emergency medical
technicians - intermediate, emergency medical technicians -
paramedic, ambulance drivers, or other medical assistance or
first aid personnel, and before commencing the solicitation or
the sale or delivery or the offers to sell or deliver any
merchandise, goods, services, memberships, or advertisements,
a written contract between the soliciting or selling person and
the nongovernmental organization has been entered into.
    (c-5) No person may solicit financial contributions or sell
or deliver or offer to sell or deliver any merchandise, goods,
services, memberships, or advertisements on behalf of a
department or departments of fire fighters unless that person
is actually representing or acting on behalf of the department
or departments and has entered into a written contract with the
department chief and corporate or municipal authority thereof
which specifies and states clearly and fully the purposes for
which the proceeds of the solicitation, contribution, or sale
will be used.
    (c-6) No person may claim or represent that he or she is an
airman, airline employee, airport employee, or contractor at an
airport in order to obtain the uniform, identification card,
license, or other identification paraphernalia of an airman,
airline employee, airport employee, or contractor at an
airport.
    (d) Sentence. False personation, unapproved use of a name
or title, or solicitation in violation of subsection (a), (b),
or (b-5), or (b-10) of this Section is a Class C misdemeanor.
False personation in violation of subsections (a-5) and (c-6)
is a Class A misdemeanor. Engaging in any activity in violation
of subsection (c-1), (c-2), (c-3), (c-4), or (c-5) of this
Section is a Class 4 felony.
(Source: P.A. 94-548, eff. 8-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.