HB0108 102ND GENERAL ASSEMBLY

LRB102 04046 AWJ 14062 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0108

Introduced 1/14/2021, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-1-15 new
110 ILCS 1020/1	from Ch. 144, par. 1951

Amends the Illinois Municipal Code. Provides that a municipality or municipal police department may not contract with a private college or private university to have the college's or university's campus police department patrol or police within the jurisdiction of the municipal police department. Provides that a contract in effect on the effective date of the amendatory Act that conflicts with the Section shall not be renewed, extended, or otherwise be expanded to grant any additional authority other than what is already included in such contract. Limits home rule powers. Amends the Private College Campus Police Act making conforming changes.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 11-1-15 as follows:

(65 ILCS 5/11-1-15 new)

Sec. 11-1-15. Contracts with private colleges or universities for patrolling or policing.

(a) Notwithstanding any other provision of law, a municipality or municipal police department may not contract with a private college or private university to have the college's or university's campus police department patrol or police within the jurisdiction of the municipal police department.

(b) A contract in effect on the effective date of this amendatory Act of the 102nd General Assembly that conflicts with subsection (a) shall not be renewed, extended, or otherwise be expanded to grant any additional authority other than what is already included in such contract.

(c) The regulation of contracting by municipalities or municipal police departments for patrolling and policing by private college or university campus police departments are exclusive powers and functions of the State. A home rule municipality may not regulate contracting by municipalities or municipal police departments for patrolling and policing by private college or university campus police departments. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 10. The Private College Campus Police Act is amended by changing Section 1 as follows:

(110 ILCS 1020/1) (from Ch. 144, par. 1951)

Sec. 1. The Board of Trustees of a private college or private university, may appoint persons to be members of a campus police department. The Board shall assign duties, including the enforcement of college or university regulations, and prescribe the oath of office. With respect to any such campus police department established for police protection, the members of such campus police department shall be persons who have successfully completed the Minimum Standards Basic Law Enforcement Training Course offered at a police training school established under the Illinois Police Training Act, as such Act may be now or hereafter amended. All members of such campus police departments must also successfully complete the Firearms Training for Peace Officers established under the Peace Officer and Probation Officer Firearm Training Act. Members of the campus police department shall have the powers of municipal peace officers and county sheriffs, including the power to make arrests under the circumstances prescribed in Section 107-2 of the Code of Criminal Procedure of 1963, as amended, for violations of state statutes or municipal or county ordinances, including the ability to regulate and control traffic on the public way contiguous to the college or university property, for the protection of students, employees, visitors and their property, and the property branches, and interests of the college or university, in the county where the college or university is located. Campus police shall have no authority to serve civil process.

Members of the campus police department at a private college or private university shall not be eligible to participate in any State, county or municipal retirement fund and shall not be reimbursed for training with state funds. the uniforms, vehicles, and badges of such officers shall be distinctive from those of the local law enforcement agency where the main campus is located.

The Board of Trustees shall provide liability insurance coverage for each member of the campus police department without cost to the member, which insures the member against any liability which arises out of or in the course of the member's employment for no less than $250,000 of coverage, unless such indemnification is provided by a program of self-insurance.

For the purposes of this Section, "private college" or "private university" means: (1) any college or university which is not owned or controlled by the State or any political subdivision thereof, and (2) which provides a program of education in residence leading to a baccalaureate degree, or which provides a program of education in residence, for which the baccalaureate degree is a prerequisite, leading to an academic or professional degree, and (3) which is accredited by the North Central Association or other nationally recognized accrediting agency.

A campus police department shall not contract with a municipality or municipal police department in violation of Section 11-1-15 of the Illinois Municipal Code.

(Source: P.A. 98-725, eff. 1-1-15.)