HB1188 97TH GENERAL ASSEMBLY

LRB097 05518 KMW 45579 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1188

Introduced 02/08/11, by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

20 ILCS 2610/35 new
55 ILCS 5/3-6040 new
65 ILCS 5/11-1-12 new

Amends the State Police Act, Counties Code, and Illinois Municipal Code. Authorizes any State Police officer, sheriff, deputy sheriff, or municipal peace officer who is on duty disability to carry a concealed weapon. Authorizes the summary revocation or suspension of such an authorization. Provides that neither a revocation or suspension of authorization to carry a concealed weapon nor the failure to revoke or suspend such an authorization may be used to determine whether an officer is fit for duty or to establish the liability of the Department of State Police, a county, or a municipality for the actions of a duty disabled officer. Provides that neither the ability of a duty disabled officer to meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements nor any other demonstration of ability or fitness required under these provisions may be used to assess whether that officer is qualified for active duty. Limits the concurrent exercise of home rule powers. Defines "duty disabled Department of State Police Officer", "duty disabled sheriff", "duty disabled deputy sheriff", and "duty disable municipal peace officer". Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning law enforcement.

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

Section 5. The State Police Act is amended by adding Section 35 as follows:

(20 ILCS 2610/35 new)

Sec. 35. Concealed weapons; duty disabled officers.

(a) A duty disabled Department of State Police officer is authorized to carry a concealed weapon. However, the Director of State Police may summarily revoke or suspend that authorization for any one or more of the following reasons:

(1) The officer is duty disabled due to a mental illness or impairment that renders the officer a danger to himself, herself, or others.

(2) The officer is being treated for alcohol, drug, or substance abuse or with medications that could impair his or her judgment or ability to safely operate a firearm.

(3) The officer is subject to a disciplinary action.

(4) The officer does not meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements established by the Illinois Law Enforcement Training Standards Board.

(5) The authorization otherwise threatens public safety.

(b) Neither a revocation or suspension of authorization under this Section nor the failure to revoke or suspend an authorization under this Section shall be used to determine whether a duty disabled Department of State Police officer is qualified for active duty or to establish the liability of the Department for the actions of the officer. Likewise, neither the ability of a duty disabled Department of State Police officer to meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements nor any other demonstration of ability or fitness required under this Section may be used to assess whether the officer is qualified for active duty.

(c) For the purposes of this Section, "duty disabled Department of State Police Officer" includes, without limitation, any Department of State Police Officer who is placed on duty disability, occupational disability, or regular disability or is receiving workers' compensation benefits.

Section 10. The Counties Code is amended by adding Section 3-6040 as follows:

(55 ILCS 5/3-6040 new)

Sec. 3-6040. Concealed weapons; duty disabled sheriffs and duty disabled deputy sheriffs.

(a) A duty disabled sheriff or duty disabled deputy sheriff is authorized to carry a concealed weapon. However, the sheriff (or the chair or president of the county board, as applicable, if the sheriff is duty disabled) may summarily revoke or suspend that authorization for any one or more of the following reasons:

(1) The sheriff or deputy sheriff is duty disabled due to a mental illness or impairment that causes him or her to be a danger to himself, herself, or others.

(2) The sheriff or deputy sheriff is being treated for alcohol, drug, or substance abuse or with medications that could impair his or her judgment or ability to safely operate a firearm.

(3) The sheriff or deputy sheriff is subject to a disciplinary action.

(4) The sheriff or deputy sheriff does not meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire established by the Illinois Law Enforcement Training Standards Board.

(5) The authorization otherwise threatens public safety.

(b) Neither a revocation or suspension of authorization under this Section nor the failure to revoke or suspend an authorization under this Section shall be used to determine whether a sheriff or deputy sheriff is qualified for active duty or to establish the liability of the county for the actions of the sheriff or deputy sheriff. Likewise, neither the ability of a duty disabled sheriff or duty disabled deputy sheriff to meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements nor any other demonstration of ability or fitness required under this Section may be used to assess whether the sheriff or deputy sheriff is qualified for active duty.

(c) A home rule county may not regulate the carrying of a weapon by a duty disabled sheriff or duty disabled deputy sheriff in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule counties of powers and functions exercised by the State.

(d) For the purposes of this Section, "duty disabled sheriff" includes, without limitation, any sheriff who is placed on duty disability, occupational disability, regular disability or is receiving workers' compensation benefits, and "duty disabled deputy sheriff" includes, without limitation, any deputy sheriff who is placed on duty disability, occupational disability, or regular disability or is receiving workers' compensation benefits.

Section 15. The Illinois Municipal Code is amended by adding Section 11-1-12 as follows:

(65 ILCS 5/11-1-12 new)

Sec. 11-1-12. Concealed weapons; duty disabled peace officers.

(a) A duty disabled municipal peace officer is authorized to carry a concealed weapon. However, the chief of the municipal police department (or the mayor of the municipality if the chief of the municipal police department is duty disabled) may summarily revoke or suspend that authorization for any one or more of the following reasons:

(1) The officer is duty disabled due to a mental illness or impairment that causes him or her to be a danger to himself, herself, or others.

(2) The officer is being treated for alcohol, drug, or substance abuse or with medications that could impair his or her judgment or ability to safely operate a firearm.

(3) The officer is subject to a disciplinary action.

(4) The officer does not meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire established by the Illinois Law Enforcement Training Standards Board.

(5) The authorization otherwise threatens public safety.

(b) Neither a revocation or suspension of authorization under this Section nor the failure to revoke or suspend an authorization under this Section shall be used to determine whether a municipal peace officer is qualified for active duty or to establish the liability of the municipality for the actions of the officer. Likewise, neither the ability of a duty disabled municipal peace officer to meet the minimum mandatory annual active duty and retired officer handgun qualification course of fire requirements nor any other demonstration of ability or fitness required under this Section may be used to assess whether the officer is qualified for active duty.

(c) A home rule municipality may not regulate the carrying of a weapon by a peace officer in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.

(d) For the purposes of this Section, "duty disabled municipal peace officer" includes, without limitation, any municipal peace officer who is placed on duty disability, occupational disability, or regular disability or is receiving workers' compensation benefits.

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