103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1612

 

Introduced 2/8/2023, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/9  from Ch. 121, par. 307.9

    Amends the Illinois State Police Act. Provides that the collegiate educational requirements for being appointed an Illinois State Police officer are met if the person: (1) has been honorably discharged by the United States Armed Forces and has been awarded the Global War on Terrorism Service Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), or Inherent Resolve Campaign Medal, in addition to other specified medals; or (2) is an active member of the Illinois National Guard or a reserve component of the United States Armed Forces and who has been awarded the Global War on Terrorism Service Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), or Inherent Resolve Campaign Medal, in addition to other specified medals, as a result of honorable service during deployment on active duty. Provides that the collegiate educational requirements are satisfied by having at least 3 years of full active and continuous United States Armed Forces (rather than military) duty, which shall also include a period of active duty with the State of Illinois under Title 10 or Title 32 of the United States Code pursuant to an order of the President or the Governor of the State of Illinois, and receiving an honorable discharge before hiring.


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A BILL FOR

 

SB1612LRB103 00113 AWJ 52476 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois State Police Act is amended by
5changing Section 9 as follows:
 
6    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
7    Sec. 9. Appointment; qualifications.
8    (a) Except as otherwise provided in this Section, the
9appointment of Illinois State Police officers shall be made
10from those applicants who have been certified by the Board as
11being qualified for appointment. All persons so appointed
12shall, at the time of their appointment, be not less than 21
13years of age, or 20 years of age and have successfully
14completed an associate's degree or 60 credit hours at an
15accredited college or university. Any person appointed
16subsequent to successful completion of an associate's degree
17or 60 credit hours at an accredited college or university
18shall not have power of arrest, nor shall he or she be
19permitted to carry firearms, until he or she reaches 21 years
20of age. In addition, all persons so certified for appointment
21shall be of sound mind and body, be of good moral character, be
22citizens of the United States, have no criminal records,
23possess such prerequisites of training, education, and

 

 

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1experience as the Board may from time to time prescribe so long
2as persons who have an associate's degree or 60 credit hours at
3an accredited college or university are not disqualified, and
4shall be required to pass successfully such mental and
5physical tests and examinations as may be prescribed by the
6Board. All persons who meet one of the following requirements
7are deemed to have met the collegiate educational
8requirements:
9        (i) have been honorably discharged and who have been
10    awarded a Southwest Asia Service Medal, Kuwait Liberation
11    Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait),
12    Kosovo Campaign Medal, Korean Defense Service Medal,
13    Afghanistan Campaign Medal, Iraq Campaign Medal, Global
14    War on Terrorism Service Medal, or Global War on Terrorism
15    Expeditionary Medal, or Inherent Resolve Campaign Medal by
16    the United States Armed Forces;
17        (ii) are active members of the Illinois National Guard
18    or a reserve component of the United States Armed Forces
19    and who have been awarded a Southwest Asia Service Medal,
20    Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation
21    Medal (Kuwait), Kosovo Campaign Medal, Korean Defense
22    Service Medal, Afghanistan Campaign Medal, Iraq Campaign
23    Medal, Global War on Terrorism Service Medal, or Global
24    War on Terrorism Expeditionary Medal, or Inherent Resolve
25    Campaign Medal as a result of honorable service during
26    deployment on active duty;

 

 

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1        (iii) have been honorably discharged who served in a
2    combat mission by proof of hostile fire pay or imminent
3    danger pay during deployment on active duty; or
4        (iv) have at least 3 years of full active and
5    continuous United States Armed Forces military duty, which
6    shall also include a period of active duty with the State
7    of Illinois under Title 10 or Title 32 of the United States
8    Code pursuant to an order of the President or the Governor
9    of the State of Illinois, and received an honorable
10    discharge before hiring.
11    Preference shall be given in such appointments to persons
12who have honorably served in the United States Armed Forces
13military or naval services of the United States. All
14appointees shall serve a probationary period of 12 months from
15the date of appointment and during that period may be
16discharged at the will of the Director. However, the Director
17may in his or her sole discretion extend the probationary
18period of an officer up to an additional 6 months when to do so
19is deemed in the best interest of the Illinois State Police.
20Nothing in this subsection (a) limits the Board's ability to
21prescribe education prerequisites or requirements to certify
22Illinois State Police officers for promotion as provided in
23Section 10 of this Act.
24    (b) Notwithstanding the other provisions of this Act,
25after July 1, 1977 and before July 1, 1980, the Director of
26State Police may appoint and promote not more than 20 persons

 

 

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1having special qualifications as special agents as he or she
2deems necessary to carry out the Department's objectives. Any
3such appointment or promotion shall be ratified by the Board.
4    (c) During the 90 days following March 31, 1995 (the
5effective date of Public Act 89-9), the Director of State
6Police may appoint up to 25 persons as State Police officers.
7These appointments shall be made in accordance with the
8requirements of this subsection (c) and any additional
9criteria that may be established by the Director, but are not
10subject to any other requirements of this Act. The Director
11may specify the initial rank for each person appointed under
12this subsection.
13    All appointments under this subsection (c) shall be made
14from personnel certified by the Board. A person certified by
15the Board and appointed by the Director under this subsection
16must have been employed by the Illinois Commerce Commission on
17November 30, 1994 in a job title subject to the Personnel Code
18and in a position for which the person was eligible to earn
19"eligible creditable service" as a "noncovered employee", as
20those terms are defined in Article 14 of the Illinois Pension
21Code.
22    Persons appointed under this subsection (c) shall
23thereafter be subject to the same requirements and procedures
24as other State police officers. A person appointed under this
25subsection must serve a probationary period of 12 months from
26the date of appointment, during which he or she may be

 

 

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1discharged at the will of the Director.
2    This subsection (c) does not affect or limit the
3Director's authority to appoint other State Police officers
4under subsection (a) of this Section.
5    (d) During the 180 days following January 1, 2022 (the
6effective date of Public Act 101-652), the Director of the
7Illinois State Police may appoint current Illinois State
8Police employees serving in law enforcement officer positions
9previously within Central Management Services as State Police
10officers. These appointments shall be made in accordance with
11the requirements of this subsection (d) and any institutional
12criteria that may be established by the Director, but are not
13subject to any other requirements of this Act. All
14appointments under this subsection (d) shall be made from
15personnel certified by the Board. A person certified by the
16Board and appointed by the Director under this subsection must
17have been employed by the a State agency, board, or commission
18on January 1, 2021 in a job title subject to the Personnel Code
19and in a position for which the person was eligible to earn
20"eligible creditable service" as a "noncovered employee", as
21those terms are defined in Article 14 of the Illinois Pension
22Code. Persons appointed under this subsection (d) shall
23thereafter be subject to the same requirements, and subject to
24the same contractual benefits and obligations, as other State
25police officers. This subsection (d) does not affect or limit
26the Director's authority to appoint other State Police

 

 

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1officers under subsection (a) of this Section.
2    (e) The Merit Board shall review Illinois State Police
3Cadet applicants. The Illinois State Police may provide
4background check and investigation material to the Board for
5its review pursuant to this Section. The Board shall approve
6and ensure that no cadet applicant is certified unless the
7applicant is a person of good character and has not been
8convicted of, or entered a plea of guilty to, a felony offense,
9any of the misdemeanors specified in this Section or if
10committed in any other state would be an offense similar to
11Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
1211-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
1317-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
14violation of any Section of Part E of Title III of the Criminal
15Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
16the Criminal Code of 1961 or the Criminal Code of 2012, or
17subsection (a) of Section 17-32 of the Criminal Code of 1961 or
18the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
19Control Act, or any felony or misdemeanor in violation of
20federal law or the law of any state that is the equivalent of
21any of the offenses specified therein. The Officer
22Professional Conduct Database, provided for in Section 9.2 of
23the Illinois Police Training Act, shall be searched as part of
24this process. For purposes of this Section, "convicted of, or
25entered a plea of guilty" regardless of whether the
26adjudication of guilt or sentence is withheld or not entered

 

 

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1thereon. This includes sentences of supervision, conditional
2discharge, or first offender probation, or any similar
3disposition provided for by law.
4    (f) The Board shall by rule establish an application fee
5waiver program for any person who meets one or more of the
6following criteria:
7        (1) his or her available personal income is 200% or
8    less of the current poverty level; or
9        (2) he or she is, in the discretion of the Board,
10    unable to proceed in an action with payment of application
11    fee and payment of that fee would result in substantial
12    hardship to the person or the person's family.
13(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
14102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.
155-13-22; revised 8-24-22.)