HB1429ham001 102ND GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 4/12/2021

10200HB1429ham001 LRB102 03445 RPS 24995 a

AMENDMENT TO HOUSE BILL 1429

AMENDMENT NO. ______. Amend House Bill 1429 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by changing Section 3-9013 as follows:

(55 ILCS 5/3-9013)

Sec. 3-9013. Pension funds; job-related felony. If an employee who is covered under a retirement system or pension fund created under the Illinois Pension Code is convicted of a disqualifying offense as that term is defined in the Illinois Pension Code or of a felony relating to or arising out of or in connection with the employment for which the employee is covered under the retirement system or pension fund, the State's Attorney must notify the board of trustees for that retirement system or pension fund.

(Source: P.A. 95-836, eff. 8-15-08.)

Section 10. The Illinois Pension Code is amended by changing Sections 3-147, 5-227, 7-219, 8-251, 9-235, 10-109, 14-149, and 15-187 as follows:

(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)

Sec. 3-147. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a police officer.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the police officer from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not impair any contract or vested right acquired prior to July 11, 1955 under any law continued in this Article, nor preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

All persons entering service subsequent to July 11, 1955 are deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section, "disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)

Sec. 5-227. Felony conviction. None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as a policeman.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a policeman on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the policeman from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a policeman who first became a policeman on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony while in receipt of disability benefits.

None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with the intentional and wrongful death of a police officer, either active or retired, through whom such person would become eligible to receive, or is receiving, an annuity under this Article.

A person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman shall not be entitled to any benefits provided for in this Article on and after the filing date of the related indictment or charges. This paragraph applies to all persons whose felony conviction was entered on or after January 1, 2019.

Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. This paragraph applies to all persons who make an application for refund to the Fund on or after January 1, 2019.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

All future entrants entering service subsequent to July 11, 1955, shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section, "disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)

(40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)

Sec. 7-219. Felony conviction. None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a sheriff's law enforcement employee on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a sheriff's law enforcement employee who first became a sheriff's law enforcement employee on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

All future entrants entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section, "disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)

Sec. 8-251. Felony conviction. None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as a municipal employee.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under Public Act 100-334, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334). The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. The changes made to this Section by Public Act 100-23 apply only to persons who first become participants under this Article on or after July 6, 2017 (the effective date of Public Act 100-23).

All future entrants entering service subsequent to July 11, 1955 shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to August 25, 2017 (the effective date of Public Act 100-334) shall be deemed to have consented to the provisions of Public Act 100-334 as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section:

"Disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

"Police officer" means an employee who renders service as a police officer and member of the regularly constituted police department of the city.

(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; 100-863, eff. 8-14-18.)

(40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)

Sec. 9-235. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

All future entrants entering service after July 11, 1955, shall be deemed to have consented to the provisions of this section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section:

"Disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

"Police officer" means an employee of the county employed in any position under the County Police Merit Board as a deputy sheriff in the County Police Department.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/10-109)

Sec. 10-109. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

All future entrants entering service after the effective date of this amendatory Act of the 95th General Assembly shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section:

"Disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

"Police officer" means a member of the police force of the district, as provided for in Section 15 of the Cook County Forest Preserve District Act.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)

Sec. 14-149. Felony conviction. None of the benefits herein provided for shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article nor to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 102nd General Assembly.

All future entrants entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section:

"Disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

"Police officer" means a State policeman, special agent, investigator for the Secretary of State, conservation police officer, investigator for the Department of Revenue or the Illinois Gaming Board, security employee of the Department of Human Services, Central Management Services security police officer, security employee of the Department of Corrections or the Department of Juvenile Justice, dangerous drugs investigator, investigator for the Department of State Police, investigator for the Office of the Attorney General, controlled substance inspector, investigator for the Office of the State's Attorneys Appellate Prosecutor, Commerce Commission police officer, arson investigator, or security employee of the Department of Innovation and Technology.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)

Sec. 15-187. Felony conviction. None of the benefits provided under this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with a person's service as an employee from which the benefit derives.

Upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided in this Article be paid to a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

Upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in this Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund. The changes made to this Section by this amendatory Act of the 100th General Assembly shall not impair any contract or vested right acquired prior to the effective date of this amendatory Act of the 100th General Assembly. No refund paid based on a court order that none of the benefits provided for in this Article be paid to a person or to any person who is convicted of a felony relating to or arising out of or in connection with the person's service as an employee shall include employer contributions or interest or, in the case of the self-managed plan authorized under Section 15-158.2, any employer contributions or investment return on such employer contributions.

All persons entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service on or subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of participation.

In this Section, "disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

(Source: P.A. 100-334, eff. 8-25-17.)

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