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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 10-2.1-6 and 10-2.1-14 as follows:
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6 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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7 | Sec. 10-2.1-6. Examination of applicants; | ||||||
8 | disqualifications.
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9 | (a) All applicants for a position in either the fire or | ||||||
10 | police department
of the municipality shall be under 35 years | ||||||
11 | of age, shall be subject to an
examination that shall be | ||||||
12 | public, competitive, and open to all applicants
(unless the | ||||||
13 | council or board of trustees by ordinance limit applicants to
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14 | electors of the municipality, county, state or nation) and | ||||||
15 | shall be subject to
reasonable limitations as to residence, | ||||||
16 | health, habits, and moral character.
The municipality may not | ||||||
17 | charge or collect any fee from an applicant who has
met all | ||||||
18 | prequalification standards established by the municipality for | ||||||
19 | any such
position.
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20 | (b) Residency requirements in effect at the time an | ||||||
21 | individual enters the
fire or police service of a municipality | ||||||
22 | (other than a municipality that
has more than 1,000,000 | ||||||
23 | inhabitants) cannot be made more restrictive for
that |
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1 | individual during his period of service for that municipality, | ||||||
2 | or be
made a condition of promotion, except for the rank or | ||||||
3 | position of Fire or
Police Chief.
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4 | (c) No person with a record of misdemeanor convictions | ||||||
5 | except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | ||||||
6 | 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | ||||||
7 | 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | ||||||
8 | 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | ||||||
9 | 24-1 of the Criminal Code of 1961 or arrested for any cause but | ||||||
10 | not
convicted on that cause shall be disqualified from taking | ||||||
11 | the examination to
qualify for a position in the fire | ||||||
12 | department on grounds of habits or moral
character.
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13 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
14 | to any person
previously employed as a policeman or fireman in | ||||||
15 | a regularly constituted police
or fire department of (I) any | ||||||
16 | municipality, regardless of whether the municipality is | ||||||
17 | located in Illinois or in another state, or (II) a fire | ||||||
18 | protection district
whose obligations were assumed by a | ||||||
19 | municipality under Section 21 of the Fire
Protection District | ||||||
20 | Act, (ii) to any person who has served a municipality as a
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21 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
22 | preceding the time
that municipality begins to use full time | ||||||
23 | firemen to provide all or part of its
fire protection service, | ||||||
24 | or (iii) to any person who has served as an auxiliary police | ||||||
25 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
26 | under 40 years of
age, (iv) to any person who has served as a |
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1 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
2 | meets necessary training requirements, or (v) to any person who | ||||||
3 | has served as a sworn officer as a member of the Illinois | ||||||
4 | Department of State Police.
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5 | (e) Applicants who are 20 years of age and who have | ||||||
6 | successfully completed 2
years of law enforcement studies at an | ||||||
7 | accredited college or university may be
considered for | ||||||
8 | appointment to active duty with the police department. An
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9 | applicant described in this subsection (e) who is appointed to | ||||||
10 | active duty
shall not have power of arrest, nor shall the | ||||||
11 | applicant be permitted to carry
firearms, until he or she | ||||||
12 | reaches 21 years of age.
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13 | (f) Applicants who are 18 years of age and who have | ||||||
14 | successfully
completed 2 years of study in fire techniques, | ||||||
15 | amounting to a total of 4
high school credits, within the cadet | ||||||
16 | program of a municipality may be
considered for appointment to | ||||||
17 | active duty with the fire department of any
municipality.
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18 | (g) The council or board of trustees may by ordinance | ||||||
19 | provide
that persons residing outside the municipality are | ||||||
20 | eligible to take the
examination.
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21 | (h) The examinations shall be practical in character and | ||||||
22 | relate to
those matters that will fairly test the capacity of | ||||||
23 | the persons examined
to discharge the duties of the positions | ||||||
24 | to which they seek appointment. No
person shall be appointed to | ||||||
25 | the police or fire department if he or she does
not possess a | ||||||
26 | high school diploma or an equivalent high school education.
A |
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1 | board of fire and police commissioners may, by its rules, | ||||||
2 | require police
applicants to have obtained an associate's | ||||||
3 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
4 | The
examinations shall include tests of physical | ||||||
5 | qualifications and health. A board of fire and police | ||||||
6 | commissioners may, by its rules, waive portions of the required | ||||||
7 | examination for police applicants who have previously been | ||||||
8 | full-time sworn officers of a regular police department in any | ||||||
9 | municipal, county, university, or State law enforcement | ||||||
10 | agency, provided they are certified by the Illinois Law | ||||||
11 | Enforcement Training Standards Board and have been with their | ||||||
12 | respective law enforcement agency within the State for at least | ||||||
13 | 2 years. No
person shall be appointed to the police or fire | ||||||
14 | department if he or she has
suffered the amputation of any limb | ||||||
15 | unless the applicant's duties will be only
clerical or as a | ||||||
16 | radio operator. No applicant shall be examined concerning his
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17 | or her political or religious opinions or affiliations. The | ||||||
18 | examinations shall
be conducted by the board of fire and police | ||||||
19 | commissioners of the municipality
as provided in this Division | ||||||
20 | 2.1.
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21 | (i) No person who is classified by his local selective | ||||||
22 | service draft board
as a conscientious objector, or who has | ||||||
23 | ever been so classified, may be
appointed to the police | ||||||
24 | department.
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25 | (j) No person shall be appointed to the police or fire | ||||||
26 | department unless he
or she is a person of good character and |
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1 | not an habitual drunkard, gambler, or
a person who has been | ||||||
2 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
3 | person, however, shall be disqualified from appointment to the
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4 | fire department because of his or her record of misdemeanor | ||||||
5 | convictions except
those under Sections 11-6, 11-7, 11-9, | ||||||
6 | 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | ||||||
7 | 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | ||||||
8 | 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | ||||||
9 | of Section
24-1 of the Criminal Code of 1961 or arrest for any | ||||||
10 | cause without conviction on
that cause. Any such person who is | ||||||
11 | in the department may be removed on charges
brought and after a | ||||||
12 | trial as provided in this Division 2.1.
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13 | (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06; | ||||||
14 | 95-165, eff. 1-1-08.)
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15 | (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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16 | Sec. 10-2.1-14. Register of eligibles. The board of fire | ||||||
17 | and police
commissioners shall prepare and keep a register of | ||||||
18 | persons whose general
average standing, upon examination, is | ||||||
19 | not less than the minimum fixed by the
rules of the board, and | ||||||
20 | who are otherwise eligible. These persons shall take
rank upon | ||||||
21 | the register as candidates in the order of their relative | ||||||
22 | excellence
as determined by examination, without reference to | ||||||
23 | priority of time of
examination.
The board of fire and police | ||||||
24 | commissioners may prepare and keep a second register of persons | ||||||
25 | who have previously been full-time sworn officers of a regular |
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1 | police department in any municipal, county, university, or | ||||||
2 | State law enforcement agency, provided they are certified by | ||||||
3 | the Illinois Law Enforcement Training Standards Board and have | ||||||
4 | been with their respective law enforcement agency within the | ||||||
5 | State for at least 2 years. The persons on this list shall take | ||||||
6 | rank upon the register as candidates in the order of their | ||||||
7 | relative excellence as determined by members of the board of | ||||||
8 | fire and police commissioners. Applicants who have been awarded | ||||||
9 | a certificate attesting to their successful
completion of the | ||||||
10 | Minimum Standards Basic Law Enforcement Training Course, as
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11 | provided in the Illinois Police Training Act, may be given | ||||||
12 | preference in
appointment over noncertified applicants. | ||||||
13 | Applicants for appointment to fire departments who are licensed | ||||||
14 | as an EMT-B, EMT-I, or EMT-P under the Emergency Medical | ||||||
15 | Services (EMS) Systems Act, may be given preference in | ||||||
16 | appointment over non-licensed applicants.
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17 | Within 60 days after each examination, an eligibility list
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18 | shall be posted by the board, which shall show the final grades | ||||||
19 | of
the candidates without reference to priority of time of | ||||||
20 | examination
and subject to claim for military credit. | ||||||
21 | Candidates who are
eligible for military credit shall make a | ||||||
22 | claim in writing within 10 days after
the posting of the | ||||||
23 | eligibility list or such claim shall be deemed waived.
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24 | Appointment shall be subject to a final physical examination.
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25 | If a person is placed on an eligibility list and becomes | ||||||
26 | overage before he
or she is appointed to a police or fire |
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1 | department, the person remains eligible
for appointment until | ||||||
2 | the list is abolished pursuant to authorized procedures.
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3 | Otherwise no person who has attained the age of 36 years shall | ||||||
4 | be inducted as a
member of a police department and no person | ||||||
5 | who has attained the age of 35
years shall be inducted as a | ||||||
6 | member of a fire department, except as otherwise
provided in | ||||||
7 | this division.
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8 | (Source: P.A. 94-281, eff. 1-1-06.)
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