Sen. William R. Haine
Filed: 5/12/2005
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1 | AMENDMENT TO HOUSE BILL 3597
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2 | AMENDMENT NO. ______. Amend House Bill 3597 on page 1, line | ||||||
3 | 4, after "by", by inserting the following:
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4 | "changing Sections 10 and 10.2 and"; and | ||||||
5 | on page 1, between lines 5 and 6, by inserting the following:
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6 | "(50 ILCS 705/10) (from Ch. 85, par. 510)
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7 | Sec. 10. The Board may make, amend and rescind such rules | ||||||
8 | and regulations
as may be necessary to carry out the provisions | ||||||
9 | of this Act , including those relating to the annual | ||||||
10 | certification of retired law enforcement officers qualified | ||||||
11 | under federal law to carry a concealed weapon . A copy of all
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12 | rules and regulations and amendments or rescissions thereof | ||||||
13 | shall be filed
with the Secretary of State within a reasonable | ||||||
14 | time after their adoption.
The schools certified by the Board | ||||||
15 | and participating in the training
program may dismiss from the | ||||||
16 | school any trainee prior to his completion of
the course, if in | ||||||
17 | the opinion of the person in charge of the training
school, the | ||||||
18 | trainee is unable or unwilling to satisfactorily complete the
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19 | prescribed course of training.
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20 | (Source: Laws 1965, p. 3099.)
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21 | (50 ILCS 705/10.2)
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22 | Sec. 10.2. Criminal background investigations.
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23 | (a) On and after the effective date of this amendatory Act |
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1 | of the 92nd
General Assembly,
an applicant for employment as a | ||||||
2 | peace officer , or for annual certification as a retired law | ||||||
3 | enforcement officer qualified under federal law to carry a | ||||||
4 | concealed weapon, shall authorize an
investigation to | ||||||
5 | determine if
the applicant has been convicted of any criminal | ||||||
6 | offense that disqualifies the
person as a peace
officer.
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7 | (b) No law enforcement agency may knowingly employ a | ||||||
8 | person , or certify a retired law enforcement officer qualified | ||||||
9 | under federal law to carry a concealed weapon, unless (i) a
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10 | criminal
background investigation of that person
has been | ||||||
11 | completed and (ii) that investigation reveals no convictions of
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12 | offenses specified in subsection (a) of Section 6.1 of this | ||||||
13 | Act.
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14 | (Source: P.A. 92-533, eff. 3-14-02.)"; and
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15 | on page 1, line 14, by replacing "Section 1" with "Sections 1 | ||||||
16 | and 3"; and | ||||||
17 | on page 2, between lines 5 and 6, by inserting the following:
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18 | "(50 ILCS 710/3) (from Ch. 85, par. 517)
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19 | Sec. 3. The Board is charged with enforcing this Act and | ||||||
20 | making
inspections to insure compliance with its provisions, | ||||||
21 | and is empowered
to promulgate rules necessary for its | ||||||
22 | administration and enforcement , including those relating to | ||||||
23 | the annual certification of retired law enforcement officers | ||||||
24 | qualified under federal law to carry a concealed weapon .
All | ||||||
25 | units of government
or other agencies
which employ or utilize | ||||||
26 | peace officers , or that certify retired law enforcement | ||||||
27 | officers qualified under federal law to carry a concealed | ||||||
28 | weapon, shall cooperate with
the Board by furnishing relevant | ||||||
29 | information which the Board may
require. The Executive Director | ||||||
30 | of the Board shall report annually, no later
than February 1, | ||||||
31 | to the Board, with copies to the Governor and the General
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1 | Assembly, the results of
these inspections and provide other | ||||||
2 | related information and
recommendations as it deems proper.
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3 | (Source: P.A. 92-84, eff. 7-1-02.)"; and
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4 | on page 2, line 8, after "2", by inserting ", 3,"; and | ||||||
5 | on page 3, between lines 7 and 8, by inserting the following:
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6 | "(50 ILCS 720/3) (from Ch. 85, par. 563)
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7 | Sec. 3. Powers and Duties.
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8 | (a) Powers and Duties of the Advisory Board.
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9 | (1) To incorporate as a general not-for-profit | ||||||
10 | corporation or other
appropriate structure under Illinois | ||||||
11 | law.
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12 | (2) To adopt By-Laws and Operating Procedures.
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13 | (3) To designate a Financial Officer who is an elected | ||||||
14 | local government
official.
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15 | (4) To employ a coordinator and to approve the | ||||||
16 | employment of such other
full or part-time staff as may be | ||||||
17 | required.
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18 | (5) To develop and approve the total budget for the | ||||||
19 | Mobile Team annually.
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20 | (6) To determine equitable formulae for providing the | ||||||
21 | local share of
cost of the Mobile Team, and to assure | ||||||
22 | receipt of such funds from participating
units of local | ||||||
23 | government.
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24 | (7) To oversee the development of training programs, | ||||||
25 | the delivery of
training, and the proper expenditure of | ||||||
26 | funds.
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27 | (8) To carry out such other actions or activities | ||||||
28 | appropriate to the
operation of the Mobile Team including | ||||||
29 | but not limited to contracting for
services and supplies, | ||||||
30 | and purchase of furniture, fixtures, equipment and
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31 | supplies.
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1 | (9) To exercise all other powers and duties as are | ||||||
2 | reasonable to fulfill
its functions in furtherance of the | ||||||
3 | purposes of this Act.
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4 | (b) Powers and Duties of the Illinois Law Enforcement | ||||||
5 | Training Standards
Board.
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6 | (1) To act as the State agency participant on each | ||||||
7 | Mobile Team Advisory
Board.
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8 | (2) To act as the State agency to coordinate the | ||||||
9 | actions of Mobile Teams
established in the State.
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10 | (3) To determine that the Mobile Team meets the | ||||||
11 | criteria for the receipt
of funds from the State in | ||||||
12 | accordance with Section 4 of this Act.
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13 | (4) To budget for and authorize quarterly disbursement | ||||||
14 | of State funds
up to 50% of the total approved budget of | ||||||
15 | the eligible Mobile Team.
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16 | (5) To establish such reasonable rules and regulations | ||||||
17 | as the Director
deems necessary to carry out the duties | ||||||
18 | described in this Act , including those relating to the | ||||||
19 | annual certification of retired law enforcement officers | ||||||
20 | qualified under federal law to carry a concealed weapon .
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21 | (c) Powers and Duties of the Coordinator of an Advisory | ||||||
22 | Board.
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23 | (1) To manage and coordinate the ongoing operations of | ||||||
24 | the Mobile Team.
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25 | (2) To employ and supervise additional authorized full | ||||||
26 | or part-time staff.
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27 | (3) To arrange for qualified instructors from among the | ||||||
28 | employees of
State, local or federal Departments or | ||||||
29 | agencies wherever practical and to
obtain other | ||||||
30 | instructional services as required.
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31 | (Source: P.A. 88-586, eff. 8-12-94.)".
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