Full Text of HB1089 103rd General Assembly
HB1089 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1089 Introduced 1/12/2023, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| New Act | | 5 ILCS 140/7.5 | | 5 ILCS 315/4 | from Ch. 48, par. 1604 | 50 ILCS 705/7 | | 720 ILCS 5/24-2 | |
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Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training.
Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Peace | 5 | | Officer Accountability Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds that: | 8 | | (1) The United States Department of Justice has found | 9 | | reasonable cause to believe that the Chicago Police Department | 10 | | engages in a pattern or practice of using force, including | 11 | | deadly force, in violation of the Fourth Amendment of the | 12 | | United States Constitution. | 13 | | (2) The Department found that Chicago Police Department | 14 | | officers' practices unnecessarily endanger themselves and | 15 | | result in unnecessary and avoidable uses of force. | 16 | | (3) The pattern or practice results from systemic | 17 | | deficiencies in training and accountability, including the | 18 | | failure to train officers in de-escalation and the failure to | 19 | | conduct meaningful investigations of uses of force. | 20 | | (4) A law codifying the suggestions of the United States | 21 | | Department of Justice for the Chicago Police Department and | 22 | | applying to all police departments in this State could aid in | 23 | | improving those departments. |
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| 1 | | Section 10. Definitions. As used in this Act: | 2 | | "Department" means a municipal police department or office | 3 | | of the county sheriff. | 4 | | "Exclusive representative" has the meaning ascribed to it | 5 | | in Section 3 of the Illinois Public Labor Relations Act. | 6 | | "Liability insurance" means insurance on
risks based upon | 7 | | negligence by a peace officer. | 8 | | "Peace officer" has the meaning ascribed to it in Section | 9 | | 2-13 of the Criminal Code of 2012; except that the term is | 10 | | limited to peace officers employed by a municipality or county | 11 | | sheriff. | 12 | | "Unethical conduct" means non-criminal conduct that | 13 | | violates department rules or procedures or violates ordinances | 14 | | concerning peace officer conduct. | 15 | | "Unit of government" means a municipality with respect to | 16 | | peace officers employed by the municipality and the county | 17 | | with respect to peace officers employed by the county sheriff. | 18 | | "Unlawful conduct" means conduct that violates the penal | 19 | | statutes of this State or criminal conduct proscribed by | 20 | | ordinance of the unit of government. | 21 | | Section 15. Peace officer firearms requirement. Before a | 22 | | peace officer is permitted to carry a firearm in the unit of | 23 | | government in which he or she is employed, the peace officer | 24 | | must either: |
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| 1 | | (1) live in the unit of government in which he or she | 2 | | serves; or | 3 | | (2) complete either: | 4 | | (A) 200 hours of volunteer work in the unit of | 5 | | government in which he or she shall be serving; or | 6 | | (B) 200 hours of specified training related to the | 7 | | unit of government in which he or she shall be serving, or | 8 | | any combination of volunteer work and training.
| 9 | | Section 20. Liability insurance. In addition to the | 10 | | indemnity provided to peace officers by the unit of government | 11 | | under Section 5-1002 of the Counties Code or under Section | 12 | | 1-4-5 or 1-4-6 of the Illinois Municipal Code, the unit of | 13 | | government shall require each peace officer employed by the | 14 | | unit of government before entering upon the officer's duties | 15 | | to have a liability insurance policy to indemnify the unit of | 16 | | government which employs the officer for any negligence | 17 | | committed by the officer in the performance of his or her | 18 | | duties. | 19 | | Section 25. Promotions; transparency. Promotions of peace | 20 | | officers shall be transparent. The public shall have access to | 21 | | all documents concerning promotions, which documents are | 22 | | subject to disclosure under the Freedom of Information Act. | 23 | | Section 30. Peace officer report of unlawful and unethical |
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| 1 | | conduct to internal affairs. Each peace officer, before | 2 | | discharging his or her duties as a peace officer, shall sign an | 3 | | affidavit declaring that he or she will report all unethical | 4 | | and unlawful conduct of other peace officers immediately to | 5 | | the internal affairs division of the department. The affidavit | 6 | | shall be a public record subject to disclosure under the | 7 | | Freedom of Information Act. | 8 | | Section 35. Unconstitutional contracts and collective | 9 | | bargaining agreements prohibited. The exclusive representative | 10 | | of a peace officer bargaining unit may not enter into a | 11 | | contract or collective bargaining agreement with the | 12 | | department that permits unconstitutional conduct by peace | 13 | | officers. | 14 | | Section 100. The Freedom of Information Act is amended by | 15 | | changing Section 7.5 as follows:
| 16 | | (5 ILCS 140/7.5)
| 17 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 18 | | by the statutes referenced below, the following shall be | 19 | | exempt from inspection and copying: | 20 | | (a) All information determined to be confidential | 21 | | under Section 4002 of the Technology Advancement and | 22 | | Development Act. | 23 | | (b) Library circulation and order records identifying |
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| 1 | | library users with specific materials under the Library | 2 | | Records Confidentiality Act. | 3 | | (c) Applications, related documents, and medical | 4 | | records received by the Experimental Organ Transplantation | 5 | | Procedures Board and any and all documents or other | 6 | | records prepared by the Experimental Organ Transplantation | 7 | | Procedures Board or its staff relating to applications it | 8 | | has received. | 9 | | (d) Information and records held by the Department of | 10 | | Public Health and its authorized representatives relating | 11 | | to known or suspected cases of sexually transmissible | 12 | | disease or any information the disclosure of which is | 13 | | restricted under the Illinois Sexually Transmissible | 14 | | Disease Control Act. | 15 | | (e) Information the disclosure of which is exempted | 16 | | under Section 30 of the Radon Industry Licensing Act. | 17 | | (f) Firm performance evaluations under Section 55 of | 18 | | the Architectural, Engineering, and Land Surveying | 19 | | Qualifications Based Selection Act. | 20 | | (g) Information the disclosure of which is restricted | 21 | | and exempted under Section 50 of the Illinois Prepaid | 22 | | Tuition Act. | 23 | | (h) Information the disclosure of which is exempted | 24 | | under the State Officials and Employees Ethics Act, and | 25 | | records of any lawfully created State or local inspector | 26 | | general's office that would be exempt if created or |
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| 1 | | obtained by an Executive Inspector General's office under | 2 | | that Act. | 3 | | (i) Information contained in a local emergency energy | 4 | | plan submitted to a municipality in accordance with a | 5 | | local emergency energy plan ordinance that is adopted | 6 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 7 | | (j) Information and data concerning the distribution | 8 | | of surcharge moneys collected and remitted by carriers | 9 | | under the Emergency Telephone System Act. | 10 | | (k) Law enforcement officer identification information | 11 | | or driver identification information compiled by a law | 12 | | enforcement agency or the Department of Transportation | 13 | | under Section 11-212 of the Illinois Vehicle Code. | 14 | | (l) Records and information provided to a residential | 15 | | health care facility resident sexual assault and death | 16 | | review team or the Executive Council under the Abuse | 17 | | Prevention Review Team Act. | 18 | | (m) Information provided to the predatory lending | 19 | | database created pursuant to Article 3 of the Residential | 20 | | Real Property Disclosure Act, except to the extent | 21 | | authorized under that Article. | 22 | | (n) Defense budgets and petitions for certification of | 23 | | compensation and expenses for court appointed trial | 24 | | counsel as provided under Sections 10 and 15 of the | 25 | | Capital Crimes Litigation Act. This subsection (n) shall | 26 | | apply until the conclusion of the trial of the case, even |
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| 1 | | if the prosecution chooses not to pursue the death penalty | 2 | | prior to trial or sentencing. | 3 | | (o) Information that is prohibited from being | 4 | | disclosed under Section 4 of the Illinois Health and | 5 | | Hazardous Substances Registry Act. | 6 | | (p) Security portions of system safety program plans, | 7 | | investigation reports, surveys, schedules, lists, data, or | 8 | | information compiled, collected, or prepared by or for the | 9 | | Department of Transportation under Sections 2705-300 and | 10 | | 2705-616 of the Department of Transportation Law of the | 11 | | Civil Administrative Code of Illinois, the Regional | 12 | | Transportation Authority under Section 2.11 of the | 13 | | Regional Transportation Authority Act, or the St. Clair | 14 | | County Transit District under the Bi-State Transit Safety | 15 | | Act. | 16 | | (q) Information prohibited from being disclosed by the | 17 | | Personnel Record Review Act , except information required | 18 | | to be disclosed under Section 25 of the Peace Officer | 19 | | Accountability Act . | 20 | | (r) Information prohibited from being disclosed by the | 21 | | Illinois School Student Records Act. | 22 | | (s) Information the disclosure of which is restricted | 23 | | under Section 5-108 of the Public Utilities Act.
| 24 | | (t) All identified or deidentified health information | 25 | | in the form of health data or medical records contained | 26 | | in, stored in, submitted to, transferred by, or released |
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| 1 | | from the Illinois Health Information Exchange, and | 2 | | identified or deidentified health information in the form | 3 | | of health data and medical records of the Illinois Health | 4 | | Information Exchange in the possession of the Illinois | 5 | | Health Information Exchange Office due to its | 6 | | administration of the Illinois Health Information | 7 | | Exchange. The terms "identified" and "deidentified" shall | 8 | | be given the same meaning as in the Health Insurance | 9 | | Portability and Accountability Act of 1996, Public Law | 10 | | 104-191, or any subsequent amendments thereto, and any | 11 | | regulations promulgated thereunder. | 12 | | (u) Records and information provided to an independent | 13 | | team of experts under the Developmental Disability and | 14 | | Mental Health Safety Act (also known as Brian's Law). | 15 | | (v) Names and information of people who have applied | 16 | | for or received Firearm Owner's Identification Cards under | 17 | | the Firearm Owners Identification Card Act or applied for | 18 | | or received a concealed carry license under the Firearm | 19 | | Concealed Carry Act, unless otherwise authorized by the | 20 | | Firearm Concealed Carry Act; and databases under the | 21 | | Firearm Concealed Carry Act, records of the Concealed | 22 | | Carry Licensing Review Board under the Firearm Concealed | 23 | | Carry Act, and law enforcement agency objections under the | 24 | | Firearm Concealed Carry Act. | 25 | | (v-5) Records of the Firearm Owner's Identification | 26 | | Card Review Board that are exempted from disclosure under |
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| 1 | | Section 10 of the Firearm Owners Identification Card Act. | 2 | | (w) Personally identifiable information which is | 3 | | exempted from disclosure under subsection (g) of Section | 4 | | 19.1 of the Toll Highway Act. | 5 | | (x) Information which is exempted from disclosure | 6 | | under Section 5-1014.3 of the Counties Code or Section | 7 | | 8-11-21 of the Illinois Municipal Code. | 8 | | (y) Confidential information under the Adult | 9 | | Protective Services Act and its predecessor enabling | 10 | | statute, the Elder Abuse and Neglect Act, including | 11 | | information about the identity and administrative finding | 12 | | against any caregiver of a verified and substantiated | 13 | | decision of abuse, neglect, or financial exploitation of | 14 | | an eligible adult maintained in the Registry established | 15 | | under Section 7.5 of the Adult Protective Services Act. | 16 | | (z) Records and information provided to a fatality | 17 | | review team or the Illinois Fatality Review Team Advisory | 18 | | Council under Section 15 of the Adult Protective Services | 19 | | Act. | 20 | | (aa) Information which is exempted from disclosure | 21 | | under Section 2.37 of the Wildlife Code. | 22 | | (bb) Information which is or was prohibited from | 23 | | disclosure by the Juvenile Court Act of 1987. | 24 | | (cc) Recordings made under the Law Enforcement | 25 | | Officer-Worn Body Camera Act, except to the extent | 26 | | authorized under that Act. |
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| 1 | | (dd) Information that is prohibited from being | 2 | | disclosed under Section 45 of the Condominium and Common | 3 | | Interest Community Ombudsperson Act. | 4 | | (ee) Information that is exempted from disclosure | 5 | | under Section 30.1 of the Pharmacy Practice Act. | 6 | | (ff) Information that is exempted from disclosure | 7 | | under the Revised Uniform Unclaimed Property Act. | 8 | | (gg) Information that is prohibited from being | 9 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 10 | | Code. | 11 | | (hh) Records that are exempt from disclosure under | 12 | | Section 1A-16.7 of the Election Code. | 13 | | (ii) Information which is exempted from disclosure | 14 | | under Section 2505-800 of the Department of Revenue Law of | 15 | | the Civil Administrative Code of Illinois. | 16 | | (jj) Information and reports that are required to be | 17 | | submitted to the Department of Labor by registering day | 18 | | and temporary labor service agencies but are exempt from | 19 | | disclosure under subsection (a-1) of Section 45 of the Day | 20 | | and Temporary Labor Services Act. | 21 | | (kk) Information prohibited from disclosure under the | 22 | | Seizure and Forfeiture Reporting Act. | 23 | | (ll) Information the disclosure of which is restricted | 24 | | and exempted under Section 5-30.8 of the Illinois Public | 25 | | Aid Code. | 26 | | (mm) Records that are exempt from disclosure under |
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| 1 | | Section 4.2 of the Crime Victims Compensation Act. | 2 | | (nn) Information that is exempt from disclosure under | 3 | | Section 70 of the Higher Education Student Assistance Act. | 4 | | (oo) Communications, notes, records, and reports | 5 | | arising out of a peer support counseling session | 6 | | prohibited from disclosure under the First Responders | 7 | | Suicide Prevention Act. | 8 | | (pp) Names and all identifying information relating to | 9 | | an employee of an emergency services provider or law | 10 | | enforcement agency under the First Responders Suicide | 11 | | Prevention Act. | 12 | | (qq) Information and records held by the Department of | 13 | | Public Health and its authorized representatives collected | 14 | | under the Reproductive Health Act. | 15 | | (rr) Information that is exempt from disclosure under | 16 | | the Cannabis Regulation and Tax Act. | 17 | | (ss) Data reported by an employer to the Department of | 18 | | Human Rights pursuant to Section 2-108 of the Illinois | 19 | | Human Rights Act. | 20 | | (tt) Recordings made under the Children's Advocacy | 21 | | Center Act, except to the extent authorized under that | 22 | | Act. | 23 | | (uu) Information that is exempt from disclosure under | 24 | | Section 50 of the Sexual Assault Evidence Submission Act. | 25 | | (vv) Information that is exempt from disclosure under | 26 | | subsections (f) and (j) of Section 5-36 of the Illinois |
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| 1 | | Public Aid Code. | 2 | | (ww) Information that is exempt from disclosure under | 3 | | Section 16.8 of the State Treasurer Act. | 4 | | (xx) Information that is exempt from disclosure or | 5 | | information that shall not be made public under the | 6 | | Illinois Insurance Code. | 7 | | (yy) Information prohibited from being disclosed under | 8 | | the Illinois Educational Labor Relations Act. | 9 | | (zz) Information prohibited from being disclosed under | 10 | | the Illinois Public Labor Relations Act. | 11 | | (aaa) Information prohibited from being disclosed | 12 | | under Section 1-167 of the Illinois Pension Code. | 13 | | (bbb) Information that is prohibited from disclosure | 14 | | by the Illinois Police Training Act and the Illinois State | 15 | | Police Act. | 16 | | (ccc) Records exempt from disclosure under Section
| 17 | | 2605-304 of the Illinois State Police Law of the Civil
| 18 | | Administrative Code of Illinois. | 19 | | (ddd) Information prohibited from being disclosed | 20 | | under Section 35 of the Address Confidentiality for | 21 | | Victims of Domestic Violence, Sexual Assault, Human | 22 | | Trafficking, or Stalking Act. | 23 | | (eee) Information prohibited from being disclosed | 24 | | under subsection (b) of Section 75 of the Domestic | 25 | | Violence Fatality Review Act. | 26 | | (fff) Images from cameras under the Expressway Camera |
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| 1 | | Act. This subsection (fff) is inoperative on and after | 2 | | July 1, 2023. | 3 | | (ggg) (fff) Information prohibited from disclosure | 4 | | under paragraph (3) of subsection (a) of Section 14 of the | 5 | | Nurse Agency Licensing Act. | 6 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | 7 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | 8 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | 9 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | 10 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | 11 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | 12 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | 13 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | 14 | | 7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
| 15 | | Section 105. The Illinois Public Labor Relations Act is | 16 | | amended by changing Section 4 as follows: | 17 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 18 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 19 | | which has been held unconstitutional) | 20 | | Sec. 4. Management Rights ; Unconstitutional Peace Officer | 21 | | Conduct . Employers shall not be required to bargain
over | 22 | | matters of inherent managerial policy, which shall include | 23 | | such areas
of discretion or policy as the functions of the | 24 | | employer, standards of
services,
its overall budget, the |
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| 1 | | organizational structure and selection of new
employees, | 2 | | examination techniques
and direction of employees. Employers, | 3 | | however, shall be required to bargain
collectively with regard | 4 | | to
policy matters directly affecting wages, hours and terms | 5 | | and conditions of employment
as well as the impact thereon | 6 | | upon request by employee representatives.
| 7 | | The exclusive representative of a peace officer unit and | 8 | | an employer may not bargain over matters that would permit | 9 | | peace officer conduct that would violate the Constitution of | 10 | | the United States or this State and any agreement that would | 11 | | permit peace officer conduct that would violate the | 12 | | Constitution of the United States or this State is void. | 13 | | To preserve the rights of employers and exclusive | 14 | | representatives which
have established collective bargaining | 15 | | relationships or negotiated collective
bargaining agreements | 16 | | prior to the effective date of this Act, employers
shall be | 17 | | required to bargain collectively with regard to any matter | 18 | | concerning
wages, hours or conditions of employment about | 19 | | which they have bargained
for and agreed to in a collective | 20 | | bargaining agreement
prior to the effective date of this Act.
| 21 | | The chief judge of the judicial circuit that employs a | 22 | | public employee who
is
a court reporter, as defined in the | 23 | | Court Reporters Act, has the authority to
hire, appoint, | 24 | | promote, evaluate, discipline, and discharge court reporters
| 25 | | within that judicial circuit.
| 26 | | Nothing in this amendatory Act of the 94th General |
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| 1 | | Assembly shall
be construed to intrude upon the judicial | 2 | | functions of any court. This
amendatory Act of the 94th | 3 | | General Assembly applies only to nonjudicial
administrative | 4 | | matters relating to the collective bargaining rights of court
| 5 | | reporters.
| 6 | | (Source: P.A. 94-98, eff. 7-1-05.)
| 7 | | Section 110. The Illinois Police Training Act is amended | 8 | | by changing Section 7 as follows:
| 9 | | (50 ILCS 705/7)
| 10 | | (Text of Section before amendment by P.A. 102-982 ) | 11 | | Sec. 7. Rules and standards for schools. The Board shall | 12 | | adopt rules and
minimum standards for such schools which shall | 13 | | include, but not be limited to,
the following:
| 14 | | a. The curriculum for probationary law enforcement | 15 | | officers which shall be
offered by all certified schools | 16 | | shall include, but not be limited to,
courses of | 17 | | procedural justice, arrest and use and control tactics, | 18 | | search and seizure, including temporary questioning, civil | 19 | | rights, human rights, human relations,
cultural | 20 | | competency, including implicit bias and racial and ethnic | 21 | | sensitivity,
criminal law, law of criminal procedure, | 22 | | constitutional and proper use of law enforcement | 23 | | authority, crisis intervention training, vehicle and | 24 | | traffic law including
uniform and non-discriminatory |
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| 1 | | enforcement of the Illinois Vehicle Code,
traffic control | 2 | | and accident investigation, techniques of obtaining
| 3 | | physical evidence, court testimonies, statements, reports, | 4 | | firearms
training, training in the use of electronic | 5 | | control devices, including the psychological and | 6 | | physiological effects of the use of those devices on | 7 | | humans, first-aid (including cardiopulmonary | 8 | | resuscitation), training in the administration of opioid | 9 | | antagonists as defined in paragraph (1) of subsection (e) | 10 | | of Section 5-23 of the Substance Use Disorder Act, | 11 | | handling of
juvenile offenders, recognition of
mental | 12 | | conditions and crises, including, but not limited to, the | 13 | | disease of addiction, which require immediate assistance | 14 | | and response and methods to
safeguard and provide | 15 | | assistance to a person in need of mental
treatment, | 16 | | recognition of abuse, neglect, financial exploitation, and | 17 | | self-neglect of adults with disabilities and older adults, | 18 | | as defined in Section 2 of the Adult Protective Services | 19 | | Act, crimes against the elderly, law of evidence, the | 20 | | hazards of high-speed police vehicle
chases with an | 21 | | emphasis on alternatives to the high-speed chase, and
| 22 | | physical training. The curriculum shall include specific | 23 | | training in
techniques for immediate response to and | 24 | | investigation of cases of domestic
violence and of sexual | 25 | | assault of adults and children, including cultural | 26 | | perceptions and common myths of sexual assault and sexual |
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| 1 | | abuse as well as interview techniques that are age | 2 | | sensitive and are trauma informed, victim centered, and | 3 | | victim sensitive. The curriculum shall include
training in | 4 | | techniques designed to promote effective
communication at | 5 | | the initial contact with crime victims and ways to | 6 | | comprehensively
explain to victims and witnesses their | 7 | | rights under the Rights
of Crime Victims and Witnesses Act | 8 | | and the Crime
Victims Compensation Act. The curriculum | 9 | | shall also include training in effective recognition of | 10 | | and responses to stress, trauma, and post-traumatic stress | 11 | | experienced by law enforcement officers that is consistent | 12 | | with Section 25 of the Illinois Mental Health First Aid | 13 | | Training Act in a peer setting, including recognizing | 14 | | signs and symptoms of work-related cumulative stress, | 15 | | issues that may lead to suicide, and solutions for | 16 | | intervention with peer support resources. The curriculum | 17 | | shall include a block of instruction addressing the | 18 | | mandatory reporting requirements under the Abused and | 19 | | Neglected Child Reporting Act. The curriculum shall also | 20 | | include a block of instruction aimed at identifying and | 21 | | interacting with persons with autism and other | 22 | | developmental or physical disabilities, reducing barriers | 23 | | to reporting crimes against persons with autism, and | 24 | | addressing the unique challenges presented by cases | 25 | | involving victims or witnesses with autism and other | 26 | | developmental disabilities. The curriculum shall include |
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| 1 | | training in the detection and investigation of all forms | 2 | | of human trafficking. The curriculum shall also include | 3 | | instruction in trauma-informed responses designed to | 4 | | ensure the physical safety and well-being of a child of an | 5 | | arrested parent or immediate family member; this | 6 | | instruction must include, but is not limited to: (1) | 7 | | understanding the trauma experienced by the child while | 8 | | maintaining the integrity of the arrest and safety of | 9 | | officers, suspects, and other involved individuals; (2) | 10 | | de-escalation tactics that would include the use of force | 11 | | when reasonably necessary; and (3) inquiring whether a | 12 | | child will require supervision and care. The curriculum | 13 | | for probationary law enforcement officers shall include: | 14 | | (1) at least 12 hours of hands-on, scenario-based | 15 | | role-playing; (2) at least 6 hours of instruction on use | 16 | | of force techniques, including the use of de-escalation | 17 | | techniques to prevent or reduce the need for force | 18 | | whenever safe and feasible; (3) specific training on | 19 | | officer safety techniques, including cover, concealment, | 20 | | and time; and (4) at least 6 hours of training focused on | 21 | | high-risk traffic stops. The curriculum for
permanent law | 22 | | enforcement officers shall include, but not be limited to: | 23 | | (1) refresher
and in-service training in any of the | 24 | | courses listed above in this
subparagraph, (2) advanced | 25 | | courses in any of the subjects listed above in
this | 26 | | subparagraph, (3) training for supervisory personnel, and |
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| 1 | | (4)
specialized training in subjects and fields to be | 2 | | selected by the board. The training in the use of | 3 | | electronic control devices shall be conducted for | 4 | | probationary law enforcement officers, including | 5 | | University police officers. The curriculum shall also | 6 | | include training on the use of a firearms restraining | 7 | | order by providing instruction on the process used to file | 8 | | a firearms restraining order and how to identify | 9 | | situations in which a firearms restraining order is | 10 | | appropriate.
| 11 | | b. Minimum courses of study, attendance requirements | 12 | | and equipment
requirements.
| 13 | | c. Minimum requirements for instructors.
| 14 | | d. Minimum basic training requirements, which a | 15 | | probationary law enforcement
officer must satisfactorily | 16 | | complete before being eligible for permanent
employment as | 17 | | a local law enforcement officer for a participating local
| 18 | | governmental or State governmental agency. Those | 19 | | requirements shall include training in first aid
| 20 | | (including cardiopulmonary resuscitation).
| 21 | | e. Minimum basic training requirements, which a | 22 | | probationary county
corrections officer must | 23 | | satisfactorily complete before being eligible for
| 24 | | permanent employment as a county corrections officer for a | 25 | | participating
local governmental agency.
| 26 | | f. Minimum basic training requirements which a |
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| 1 | | probationary court
security officer must satisfactorily | 2 | | complete before being eligible for
permanent employment as | 3 | | a court security officer for a participating local
| 4 | | governmental agency. The Board shall
establish those | 5 | | training requirements which it considers appropriate for | 6 | | court
security officers and shall certify schools to | 7 | | conduct that training.
| 8 | | A person hired to serve as a court security officer | 9 | | must obtain from the
Board a certificate (i) attesting to | 10 | | the officer's successful completion of the
training | 11 | | course; (ii) attesting to the officer's satisfactory
| 12 | | completion of a training program of similar content and | 13 | | number of hours that
has been found acceptable by the | 14 | | Board under the provisions of this Act; or
(iii) attesting | 15 | | to the Board's determination that the training
course is | 16 | | unnecessary because of the person's extensive prior law | 17 | | enforcement
experience.
| 18 | | Individuals who currently serve as court security | 19 | | officers shall be deemed
qualified to continue to serve in | 20 | | that capacity so long as they are certified
as provided by | 21 | | this Act within 24 months of June 1, 1997 (the effective | 22 | | date of Public Act 89-685). Failure to be so certified, | 23 | | absent a waiver from the
Board, shall cause the officer to | 24 | | forfeit his or her position.
| 25 | | All individuals hired as court security officers on or | 26 | | after June 1, 1997 (the effective
date of Public Act |
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| 1 | | 89-685) shall be certified within 12 months of the
date of | 2 | | their hire, unless a waiver has been obtained by the | 3 | | Board, or they
shall forfeit their positions.
| 4 | | The Sheriff's Merit Commission, if one exists, or the | 5 | | Sheriff's Office if
there is no Sheriff's Merit | 6 | | Commission, shall maintain a list of all
individuals who | 7 | | have filed applications to become court security officers | 8 | | and
who meet the eligibility requirements established | 9 | | under this Act. Either
the Sheriff's Merit Commission, or | 10 | | the Sheriff's Office if no Sheriff's Merit
Commission | 11 | | exists, shall establish a schedule of reasonable intervals | 12 | | for
verification of the applicants' qualifications under
| 13 | | this Act and as established by the Board.
| 14 | | g. Minimum in-service training requirements, which a | 15 | | law enforcement officer must satisfactorily complete every | 16 | | 3 years. Those requirements shall include constitutional | 17 | | and proper use of law enforcement authority, procedural | 18 | | justice, civil rights, human rights, reporting child abuse | 19 | | and neglect, and cultural competency, including implicit | 20 | | bias and racial and ethnic sensitivity. These trainings | 21 | | shall consist of at least 30 hours of training every 3 | 22 | | years. | 23 | | h. Minimum in-service training requirements, which a | 24 | | law enforcement officer must satisfactorily complete at | 25 | | least annually. Those requirements shall include law | 26 | | updates, emergency medical response training and |
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| 1 | | certification, crisis intervention training, and officer | 2 | | wellness and mental health. | 3 | | i. Minimum in-service training requirements as set | 4 | | forth in Section 10.6. | 5 | | The amendatory changes to this Section made by Public Act | 6 | | 101-652 shall take effect January 1, 2022. | 7 | | Notwithstanding any provision of law to the contrary, the | 8 | | changes made to this Section by this amendatory Act of the | 9 | | 102nd General Assembly, Public Act 101-652, and Public Act | 10 | | 102-28 take effect July 1, 2022. | 11 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | 12 | | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | 13 | | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | 14 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | 15 | | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | 16 | | eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.) | 17 | | (Text of Section after amendment by P.A. 102-982 )
| 18 | | Sec. 7. Rules and standards for schools. The Board shall | 19 | | adopt rules and
minimum standards for such schools which shall | 20 | | include, but not be limited to,
the following:
| 21 | | a. The curriculum for probationary law enforcement | 22 | | officers which shall be
offered by all certified schools | 23 | | shall include, but not be limited to,
courses of | 24 | | procedural justice, arrest and use and control tactics, | 25 | | search and seizure, including temporary questioning, civil |
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| 1 | | rights, human rights, human relations,
cultural | 2 | | competency, including implicit bias and racial and ethnic | 3 | | sensitivity,
20 hours of race relations training, | 4 | | acquaintance with the youth residing in the unit of | 5 | | government in which the officers will serve, when | 6 | | discharging a firearm, the avoidance of the use of deadly | 7 | | force except when necessary to protect the life of the | 8 | | officer and on methods of using less than deadly force to | 9 | | disarm a suspect, criminal law, law of criminal procedure, | 10 | | constitutional and proper use of law enforcement | 11 | | authority, crisis intervention training, vehicle and | 12 | | traffic law including
uniform and non-discriminatory | 13 | | enforcement of the Illinois Vehicle Code,
traffic control | 14 | | and crash investigation, techniques of obtaining
physical | 15 | | evidence, court testimonies, statements, reports, firearms
| 16 | | training, training in the use of electronic control | 17 | | devices, including the psychological and physiological | 18 | | effects of the use of those devices on humans, first-aid | 19 | | (including cardiopulmonary resuscitation), training in the | 20 | | administration of opioid antagonists as defined in | 21 | | paragraph (1) of subsection (e) of Section 5-23 of the | 22 | | Substance Use Disorder Act, handling of
juvenile | 23 | | offenders, recognition of
mental conditions and crises, | 24 | | including, but not limited to, the disease of addiction, | 25 | | which require immediate assistance and response and | 26 | | methods to
safeguard and provide assistance to a person in |
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| 1 | | need of mental
treatment, recognition of abuse, neglect, | 2 | | financial exploitation, and self-neglect of adults with | 3 | | disabilities and older adults, as defined in Section 2 of | 4 | | the Adult Protective Services Act, crimes against the | 5 | | elderly, law of evidence, the hazards of high-speed police | 6 | | vehicle
chases with an emphasis on alternatives to the | 7 | | high-speed chase, and
physical training. The curriculum | 8 | | shall include specific training in
techniques for | 9 | | immediate response to and investigation of cases of | 10 | | domestic
violence and of sexual assault of adults and | 11 | | children, including cultural perceptions and common myths | 12 | | of sexual assault and sexual abuse as well as interview | 13 | | techniques that are age sensitive and are trauma informed, | 14 | | victim centered, and victim sensitive. The curriculum | 15 | | shall include
training in techniques designed to promote | 16 | | effective
communication at the initial contact with crime | 17 | | victims and ways to comprehensively
explain to victims and | 18 | | witnesses their rights under the Rights
of Crime Victims | 19 | | and Witnesses Act and the Crime
Victims Compensation Act. | 20 | | The curriculum shall also include training in effective | 21 | | recognition of and responses to stress, trauma, and | 22 | | post-traumatic stress experienced by law enforcement | 23 | | officers that is consistent with Section 25 of the | 24 | | Illinois Mental Health First Aid Training Act in a peer | 25 | | setting, including recognizing signs and symptoms of | 26 | | work-related cumulative stress, issues that may lead to |
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| 1 | | suicide, and solutions for intervention with peer support | 2 | | resources. The curriculum shall include a block of | 3 | | instruction addressing the mandatory reporting | 4 | | requirements under the Abused and Neglected Child | 5 | | Reporting Act. The curriculum shall also include a block | 6 | | of instruction aimed at identifying and interacting with | 7 | | persons with autism and other developmental or physical | 8 | | disabilities, reducing barriers to reporting crimes | 9 | | against persons with autism, and addressing the unique | 10 | | challenges presented by cases involving victims or | 11 | | witnesses with autism and other developmental | 12 | | disabilities. The curriculum shall include training in the | 13 | | detection and investigation of all forms of human | 14 | | trafficking. The curriculum shall also include instruction | 15 | | in trauma-informed responses designed to ensure the | 16 | | physical safety and well-being of a child of an arrested | 17 | | parent or immediate family member; this instruction must | 18 | | include, but is not limited to: (1) understanding the | 19 | | trauma experienced by the child while maintaining the | 20 | | integrity of the arrest and safety of officers, suspects, | 21 | | and other involved individuals; (2) de-escalation tactics | 22 | | that would include the use of force when reasonably | 23 | | necessary; and (3) inquiring whether a child will require | 24 | | supervision and care. The curriculum for probationary law | 25 | | enforcement officers shall include: (1) at least 12 hours | 26 | | of hands-on, scenario-based role-playing; (2) at least 6 |
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| 1 | | hours of instruction on use of force techniques, including | 2 | | the use of de-escalation techniques to prevent or reduce | 3 | | the need for force whenever safe and feasible; (3) | 4 | | specific training on officer safety techniques, including | 5 | | cover, concealment, and time; and (4) at least 6 hours of | 6 | | training focused on high-risk traffic stops. The | 7 | | curriculum for
permanent law enforcement officers shall | 8 | | include, but not be limited to: (1) refresher
and | 9 | | in-service training in any of the courses listed above in | 10 | | this
subparagraph, (2) advanced courses in any of the | 11 | | subjects listed above in
this subparagraph, (3) training | 12 | | for supervisory personnel, and (4)
specialized training in | 13 | | subjects and fields to be selected by the board. The | 14 | | training in the use of electronic control devices shall be | 15 | | conducted for probationary law enforcement officers, | 16 | | including University police officers. The curriculum shall | 17 | | also include training on the use of a firearms restraining | 18 | | order by providing instruction on the process used to file | 19 | | a firearms restraining order and how to identify | 20 | | situations in which a firearms restraining order is | 21 | | appropriate.
| 22 | | b. Minimum courses of study, attendance requirements | 23 | | and equipment
requirements.
| 24 | | c. Minimum requirements for instructors.
| 25 | | d. Minimum basic training requirements, which a | 26 | | probationary law enforcement
officer must satisfactorily |
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| 1 | | complete before being eligible for permanent
employment as | 2 | | a local law enforcement officer for a participating local
| 3 | | governmental or State governmental agency. Those | 4 | | requirements shall include training in first aid
| 5 | | (including cardiopulmonary resuscitation).
| 6 | | e. Minimum basic training requirements, which a | 7 | | probationary county
corrections officer must | 8 | | satisfactorily complete before being eligible for
| 9 | | permanent employment as a county corrections officer for a | 10 | | participating
local governmental agency.
| 11 | | f. Minimum basic training requirements which a | 12 | | probationary court
security officer must satisfactorily | 13 | | complete before being eligible for
permanent employment as | 14 | | a court security officer for a participating local
| 15 | | governmental agency. The Board shall
establish those | 16 | | training requirements which it considers appropriate for | 17 | | court
security officers and shall certify schools to | 18 | | conduct that training.
| 19 | | A person hired to serve as a court security officer | 20 | | must obtain from the
Board a certificate (i) attesting to | 21 | | the officer's successful completion of the
training | 22 | | course; (ii) attesting to the officer's satisfactory
| 23 | | completion of a training program of similar content and | 24 | | number of hours that
has been found acceptable by the | 25 | | Board under the provisions of this Act; or
(iii) attesting | 26 | | to the Board's determination that the training
course is |
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| 1 | | unnecessary because of the person's extensive prior law | 2 | | enforcement
experience.
| 3 | | Individuals who currently serve as court security | 4 | | officers shall be deemed
qualified to continue to serve in | 5 | | that capacity so long as they are certified
as provided by | 6 | | this Act within 24 months of June 1, 1997 (the effective | 7 | | date of Public Act 89-685). Failure to be so certified, | 8 | | absent a waiver from the
Board, shall cause the officer to | 9 | | forfeit his or her position.
| 10 | | All individuals hired as court security officers on or | 11 | | after June 1, 1997 (the effective
date of Public Act | 12 | | 89-685) shall be certified within 12 months of the
date of | 13 | | their hire, unless a waiver has been obtained by the | 14 | | Board, or they
shall forfeit their positions.
| 15 | | The Sheriff's Merit Commission, if one exists, or the | 16 | | Sheriff's Office if
there is no Sheriff's Merit | 17 | | Commission, shall maintain a list of all
individuals who | 18 | | have filed applications to become court security officers | 19 | | and
who meet the eligibility requirements established | 20 | | under this Act. Either
the Sheriff's Merit Commission, or | 21 | | the Sheriff's Office if no Sheriff's Merit
Commission | 22 | | exists, shall establish a schedule of reasonable intervals | 23 | | for
verification of the applicants' qualifications under
| 24 | | this Act and as established by the Board.
| 25 | | g. Minimum in-service training requirements, which a | 26 | | law enforcement officer must satisfactorily complete every |
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| 1 | | 3 years. Those requirements shall include constitutional | 2 | | and proper use of law enforcement authority, procedural | 3 | | justice, civil rights, human rights, reporting child abuse | 4 | | and neglect, and cultural competency, including implicit | 5 | | bias and racial and ethnic sensitivity. These trainings | 6 | | shall consist of at least 30 hours of training every 3 | 7 | | years. | 8 | | h. Minimum in-service training requirements, which a | 9 | | law enforcement officer must satisfactorily complete at | 10 | | least annually. Those requirements shall include 20 hours | 11 | | of race relations training, constitutional methods of the | 12 | | use of force, law updates, emergency medical response | 13 | | training and certification, crisis intervention training, | 14 | | and officer wellness and mental health. | 15 | | i. Minimum in-service training requirements as set | 16 | | forth in Section 10.6. | 17 | | The amendatory changes to this Section made by Public Act | 18 | | 101-652 shall take effect January 1, 2022. | 19 | | Notwithstanding any provision of law to the contrary, the | 20 | | changes made to this Section by this amendatory Act of the | 21 | | 102nd General Assembly, Public Act 101-652, and Public Act | 22 | | 102-28 , and Public Act 102-694 take effect July 1, 2022. | 23 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | 24 | | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | 25 | | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | 26 | | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. |
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| 1 | | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | 2 | | eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23; | 3 | | revised 8-11-22.) | 4 | | Section 115. The Criminal Code of 2012 is amended by | 5 | | changing Section 24-2 as follows:
| 6 | | (720 ILCS 5/24-2)
| 7 | | Sec. 24-2. Exemptions.
| 8 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 9 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 10 | | the following:
| 11 | | (1) Peace officers, and any person summoned by a peace | 12 | | officer to
assist in making arrests or preserving the | 13 | | peace, while actually engaged in
assisting such officer , | 14 | | subject to the provisions of Section 15 of the Peace | 15 | | Officer Accountability Act .
| 16 | | (2) Wardens, superintendents and keepers of prisons,
| 17 | | penitentiaries, jails and other institutions for the | 18 | | detention of persons
accused or convicted of an offense, | 19 | | while in the performance of their
official duty, or while | 20 | | commuting between their homes and places of employment.
| 21 | | (3) Members of the Armed Services or Reserve Forces of | 22 | | the United States
or the Illinois National Guard or the | 23 | | Reserve Officers Training Corps,
while in the performance | 24 | | of their official duty.
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| 1 | | (4) Special agents employed by a railroad or a public | 2 | | utility to
perform police functions, and guards of armored | 3 | | car companies, while
actually engaged in the performance | 4 | | of the duties of their employment or
commuting between | 5 | | their homes and places of employment; and watchmen
while | 6 | | actually engaged in the performance of the duties of their | 7 | | employment.
| 8 | | (5) Persons licensed as private security contractors, | 9 | | private
detectives, or private alarm contractors, or | 10 | | employed by a private security contractor, private | 11 | | detective, or private alarm contractor agency licensed
by | 12 | | the Department of Financial and Professional Regulation, | 13 | | if their duties
include the carrying of a weapon under the | 14 | | provisions of the Private
Detective, Private Alarm,
| 15 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 16 | | 2004,
while actually
engaged in the performance of the | 17 | | duties of their employment or commuting
between their | 18 | | homes and places of employment. A person shall be | 19 | | considered eligible for this
exemption if he or she has | 20 | | completed the required 20
hours of training for a private | 21 | | security contractor, private
detective, or private alarm | 22 | | contractor, or employee of a licensed private security | 23 | | contractor, private detective, or private alarm contractor | 24 | | agency and 28 hours of required firearm
training, and has | 25 | | been issued a firearm control card by
the Department of | 26 | | Financial and Professional Regulation. Conditions for the |
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| 1 | | renewal of
firearm control cards issued under the | 2 | | provisions of this Section
shall be the same as for those | 3 | | cards issued under the provisions of the
Private | 4 | | Detective, Private Alarm,
Private Security, Fingerprint | 5 | | Vendor, and Locksmith Act of 2004. The
firearm control | 6 | | card shall be carried by the private security contractor, | 7 | | private
detective, or private alarm contractor, or | 8 | | employee of the licensed private security contractor, | 9 | | private detective, or private alarm contractor agency at | 10 | | all
times when he or she is in possession of a concealable | 11 | | weapon permitted by his or her firearm control card.
| 12 | | (6) Any person regularly employed in a commercial or | 13 | | industrial
operation as a security guard for the | 14 | | protection of persons employed
and private property | 15 | | related to such commercial or industrial
operation, while | 16 | | actually engaged in the performance of his or her
duty or | 17 | | traveling between sites or properties belonging to the
| 18 | | employer, and who, as a security guard, is a member of a | 19 | | security force registered with the Department of Financial | 20 | | and Professional
Regulation; provided that such security | 21 | | guard has successfully completed a
course of study, | 22 | | approved by and supervised by the Department of
Financial | 23 | | and Professional Regulation, consisting of not less than | 24 | | 48 hours of training
that includes the theory of law | 25 | | enforcement, liability for acts, and the
handling of | 26 | | weapons. A person shall be considered eligible for this
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| 1 | | exemption if he or she has completed the required 20
hours | 2 | | of training for a security officer and 28 hours of | 3 | | required firearm
training, and has been issued a firearm | 4 | | control card by
the Department of Financial and | 5 | | Professional Regulation. Conditions for the renewal of
| 6 | | firearm control cards issued under the provisions of this | 7 | | Section
shall be the same as for those cards issued under | 8 | | the provisions of the
Private Detective, Private Alarm,
| 9 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 10 | | 2004. The
firearm control card shall be carried by the | 11 | | security guard at all
times when he or she is in possession | 12 | | of a concealable weapon permitted by his or her firearm | 13 | | control card.
| 14 | | (7) Agents and investigators of the Illinois | 15 | | Legislative Investigating
Commission authorized by the | 16 | | Commission to carry the weapons specified in
subsections | 17 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 18 | | any investigation for the Commission.
| 19 | | (8) Persons employed by a financial institution as a | 20 | | security guard for the protection of
other employees and | 21 | | property related to such financial institution, while
| 22 | | actually engaged in the performance of their duties, | 23 | | commuting between
their homes and places of employment, or | 24 | | traveling between sites or
properties owned or operated by | 25 | | such financial institution, and who, as a security guard, | 26 | | is a member of a security force registered with the |
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| 1 | | Department; provided that
any person so employed has | 2 | | successfully completed a course of study,
approved by and | 3 | | supervised by the Department of Financial and Professional | 4 | | Regulation,
consisting of not less than 48 hours of | 5 | | training which includes theory of
law enforcement, | 6 | | liability for acts, and the handling of weapons.
A person | 7 | | shall be considered to be eligible for this exemption if | 8 | | he or
she has completed the required 20 hours of training | 9 | | for a security officer
and 28 hours of required firearm | 10 | | training, and has been issued a
firearm control card by | 11 | | the Department of Financial and Professional Regulation.
| 12 | | Conditions for renewal of firearm control cards issued | 13 | | under the
provisions of this Section shall be the same as | 14 | | for those issued under the
provisions of the Private | 15 | | Detective, Private Alarm,
Private Security, Fingerprint | 16 | | Vendor, and Locksmith Act of 2004. The
firearm control | 17 | | card shall be carried by the security guard at all times | 18 | | when he or she is in possession of a concealable
weapon | 19 | | permitted by his or her firearm control card. For purposes | 20 | | of this subsection, "financial institution" means a
bank, | 21 | | savings and loan association, credit union or company | 22 | | providing
armored car services.
| 23 | | (9) Any person employed by an armored car company to | 24 | | drive an armored
car, while actually engaged in the | 25 | | performance of his duties.
| 26 | | (10) Persons who have been classified as peace |
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| 1 | | officers pursuant
to the Peace Officer Fire Investigation | 2 | | Act.
| 3 | | (11) Investigators of the Office of the State's | 4 | | Attorneys Appellate
Prosecutor authorized by the board of | 5 | | governors of the Office of the
State's Attorneys Appellate | 6 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 7 | | the State's Attorneys Appellate Prosecutor's Act.
| 8 | | (12) Special investigators appointed by a State's | 9 | | Attorney under
Section 3-9005 of the Counties Code.
| 10 | | (12.5) Probation officers while in the performance of | 11 | | their duties, or
while commuting between their homes, | 12 | | places of employment or specific locations
that are part | 13 | | of their assigned duties, with the consent of the chief | 14 | | judge of
the circuit for which they are employed, if they | 15 | | have received weapons training according
to requirements | 16 | | of the Peace Officer and Probation Officer Firearm | 17 | | Training Act.
| 18 | | (13) Court Security Officers while in the performance | 19 | | of their official
duties, or while commuting between their | 20 | | homes and places of employment, with
the
consent of the | 21 | | Sheriff.
| 22 | | (13.5) A person employed as an armed security guard at | 23 | | a nuclear energy,
storage, weapons or development site or | 24 | | facility regulated by the Nuclear
Regulatory Commission | 25 | | who has completed the background screening and training
| 26 | | mandated by the rules and regulations of the Nuclear |
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| 1 | | Regulatory Commission.
| 2 | | (14) Manufacture, transportation, or sale of weapons | 3 | | to
persons
authorized under subdivisions (1) through | 4 | | (13.5) of this
subsection
to
possess those weapons.
| 5 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 6 | | to
or affect any person carrying a concealed pistol, revolver, | 7 | | or handgun and the person has been issued a currently valid | 8 | | license under the Firearm Concealed Carry Act at the time of | 9 | | the commission of the offense. | 10 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 11 | | to
or affect a qualified current or retired law enforcement | 12 | | officer or a current or retired deputy, county correctional | 13 | | officer, or correctional officer of the Department of | 14 | | Corrections qualified under the laws of this State or under | 15 | | the federal Law Enforcement Officers Safety Act. | 16 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 17 | | 24-1.6 do not
apply to or affect
any of the following:
| 18 | | (1) Members of any club or organization organized for | 19 | | the purpose of
practicing shooting at targets upon | 20 | | established target ranges, whether
public or private, and | 21 | | patrons of such ranges, while such members
or patrons are | 22 | | using their firearms on those target ranges.
| 23 | | (2) Duly authorized military or civil organizations | 24 | | while parading,
with the special permission of the | 25 | | Governor.
| 26 | | (3) Hunters, trappers, or fishermen while engaged in |
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| 1 | | lawful hunting,
trapping, or fishing under the provisions | 2 | | of the Wildlife Code or the Fish and Aquatic Life Code.
| 3 | | (4) Transportation of weapons that are broken down in | 4 | | a
non-functioning state or are not immediately accessible.
| 5 | | (5) Carrying or possessing any pistol, revolver, stun | 6 | | gun or taser or other firearm on the land or in the legal | 7 | | dwelling of another person as an invitee with that | 8 | | person's permission. | 9 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 10 | | of the
following:
| 11 | | (1) Peace officers while in performance of their | 12 | | official duties.
| 13 | | (2) Wardens, superintendents and keepers of prisons, | 14 | | penitentiaries,
jails and other institutions for the | 15 | | detention of persons accused or
convicted of an offense.
| 16 | | (3) Members of the Armed Services or Reserve Forces of | 17 | | the United States
or the Illinois National Guard, while in | 18 | | the performance of their official
duty.
| 19 | | (4) Manufacture, transportation, or sale of machine | 20 | | guns to persons
authorized under subdivisions (1) through | 21 | | (3) of this subsection to
possess machine guns, if the | 22 | | machine guns are broken down in a
non-functioning state or | 23 | | are not immediately accessible.
| 24 | | (5) Persons licensed under federal law to manufacture | 25 | | any weapon from
which 8 or more shots or bullets can be | 26 | | discharged by a
single function of the firing device, or |
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| 1 | | ammunition for such weapons, and
actually engaged in the | 2 | | business of manufacturing such weapons or
ammunition, but | 3 | | only with respect to activities which are within the | 4 | | lawful
scope of such business, such as the manufacture, | 5 | | transportation, or testing
of such weapons or ammunition. | 6 | | This exemption does not authorize the
general private | 7 | | possession of any weapon from which 8 or more
shots or | 8 | | bullets can be discharged by a single function of the | 9 | | firing
device, but only such possession and activities as | 10 | | are within the lawful
scope of a licensed manufacturing | 11 | | business described in this paragraph.
| 12 | | During transportation, such weapons shall be broken | 13 | | down in a
non-functioning state or not immediately | 14 | | accessible.
| 15 | | (6) The manufacture, transport, testing, delivery, | 16 | | transfer or sale,
and all lawful commercial or | 17 | | experimental activities necessary thereto, of
rifles, | 18 | | shotguns, and weapons made from rifles or shotguns,
or | 19 | | ammunition for such rifles, shotguns or weapons, where | 20 | | engaged in
by a person operating as a contractor or | 21 | | subcontractor pursuant to a
contract or subcontract for | 22 | | the development and supply of such rifles,
shotguns, | 23 | | weapons or ammunition to the United States government or | 24 | | any
branch of the Armed Forces of the United States, when | 25 | | such activities are
necessary and incident to fulfilling | 26 | | the terms of such contract.
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| 1 | | The exemption granted under this subdivision (c)(6)
| 2 | | shall also apply to any authorized agent of any such | 3 | | contractor or
subcontractor who is operating within the | 4 | | scope of his employment, where
such activities involving | 5 | | such weapon, weapons or ammunition are necessary
and | 6 | | incident to fulfilling the terms of such contract.
| 7 | | (7) A person possessing a rifle with a barrel or | 8 | | barrels less than 16 inches in length if: (A) the person | 9 | | has been issued a Curios and Relics license from the U.S. | 10 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | 11 | | (B) the person is an active member of a bona fide, | 12 | | nationally recognized military re-enacting group and the | 13 | | modification is required and necessary to accurately | 14 | | portray the weapon for historical re-enactment purposes; | 15 | | the re-enactor is in possession of a valid and current | 16 | | re-enacting group membership credential; and the overall | 17 | | length of the weapon as modified is not less than 26 | 18 | | inches. | 19 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 20 | | possession
or carrying of a black-jack or slung-shot by a | 21 | | peace officer.
| 22 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 23 | | manager or
authorized employee of any place specified in that | 24 | | subsection nor to any
law enforcement officer.
| 25 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 26 | | Section 24-1.6
do not apply
to members of any club or |
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| 1 | | organization organized for the purpose of practicing
shooting | 2 | | at targets upon established target ranges, whether public or | 3 | | private,
while using their firearms on those target ranges.
| 4 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 5 | | to:
| 6 | | (1) Members of the Armed Services or Reserve Forces of | 7 | | the United
States or the Illinois National Guard, while in | 8 | | the performance of their
official duty.
| 9 | | (2) Bonafide collectors of antique or surplus military | 10 | | ordnance.
| 11 | | (3) Laboratories having a department of forensic | 12 | | ballistics, or
specializing in the development of | 13 | | ammunition or explosive ordnance.
| 14 | | (4) Commerce, preparation, assembly or possession of | 15 | | explosive
bullets by manufacturers of ammunition licensed | 16 | | by the federal government,
in connection with the supply | 17 | | of those organizations and persons exempted
by subdivision | 18 | | (g)(1) of this Section, or like organizations and persons
| 19 | | outside this State, or the transportation of explosive | 20 | | bullets to any
organization or person exempted in this | 21 | | Section by a common carrier or by a
vehicle owned or leased | 22 | | by an exempted manufacturer.
| 23 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 24 | | persons licensed
under federal law to manufacture any device | 25 | | or attachment of any kind designed,
used, or intended for use | 26 | | in silencing the report of any firearm, firearms, or
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| 1 | | ammunition
for those firearms equipped with those devices, and | 2 | | actually engaged in the
business of manufacturing those | 3 | | devices, firearms, or ammunition, but only with
respect to
| 4 | | activities that are within the lawful scope of that business, | 5 | | such as the
manufacture, transportation, or testing of those | 6 | | devices, firearms, or
ammunition. This
exemption does not | 7 | | authorize the general private possession of any device or
| 8 | | attachment of any kind designed, used, or intended for use in | 9 | | silencing the
report of any firearm, but only such possession | 10 | | and activities as are within
the
lawful scope of a licensed | 11 | | manufacturing business described in this subsection
(g-5). | 12 | | During transportation, these devices shall be detached from | 13 | | any weapon
or
not immediately accessible.
| 14 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 15 | | 24-1.6 do not apply to
or affect any parole agent or parole | 16 | | supervisor who meets the qualifications and conditions | 17 | | prescribed in Section 3-14-1.5 of the Unified Code of | 18 | | Corrections. | 19 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 20 | | officer while serving as a member of a tactical response team | 21 | | or special operations team. A peace officer may not personally | 22 | | own or apply for ownership of a device or attachment of any | 23 | | kind designed, used, or intended for use in silencing the | 24 | | report of any firearm. These devices shall be owned and | 25 | | maintained by lawfully recognized units of government whose | 26 | | duties include the investigation of criminal acts. |
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| 1 | | (g-10) (Blank). | 2 | | (h) An information or indictment based upon a violation of | 3 | | any
subsection of this Article need not negative any | 4 | | exemptions contained in
this Article. The defendant shall have | 5 | | the burden of proving such an
exemption.
| 6 | | (i) Nothing in this Article shall prohibit, apply to, or | 7 | | affect
the transportation, carrying, or possession, of any | 8 | | pistol or revolver,
stun gun, taser, or other firearm | 9 | | consigned to a common carrier operating
under license of the | 10 | | State of Illinois or the federal government, where
such | 11 | | transportation, carrying, or possession is incident to the | 12 | | lawful
transportation in which such common carrier is engaged; | 13 | | and nothing in this
Article shall prohibit, apply to, or | 14 | | affect the transportation, carrying,
or possession of any | 15 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 16 | | subject of and regulated by subsection 24-1(a)(7) or | 17 | | subsection
24-2(c) of this Article, which is unloaded and | 18 | | enclosed in a case, firearm
carrying box, shipping box, or | 19 | | other container, by the possessor of a valid
Firearm Owners | 20 | | Identification Card.
| 21 | | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; | 22 | | 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised | 23 | | 12-14-22.) | 24 | | Section 995. No acceleration or delay. Where this Act | 25 | | makes changes in a statute that is represented in this Act by |
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| 1 | | text that is not yet or no longer in effect (for example, a | 2 | | Section represented by multiple versions), the use of that | 3 | | text does not accelerate or delay the taking effect of (i) the | 4 | | changes made by this Act or (ii) provisions derived from any | 5 | | other Public Act.
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