Full Text of SB1684 94th General Assembly
SB1684eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning law enforcement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Fire Marshal Act is amended by | 5 |
| changing Section 2 as follows:
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| (20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
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| Sec. 2. The Office shall have the following powers and | 8 |
| duties:
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| 1. To exercise the rights, powers and duties which have | 10 |
| been vested
by law in the Department of State Police as the | 11 |
| successor of the
Department of Public Safety, State Fire | 12 |
| Marshal, deputy State Fire
Marshal, inspectors, officers and | 13 |
| employees of the State Fire Marshal,
including arson | 14 |
| investigation. Arson investigations shall be conducted by | 15 |
| State Fire Marshal Special Agents, who shall be peace officers | 16 |
| with all of the powers of peace officers in cities and sheriffs | 17 |
| in counties, except that they may exercise those powers | 18 |
| throughout the State.
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| 2. To keep a record, as may be required by law, of all | 20 |
| fires
occurring in the State, together with all facts, | 21 |
| statistics and
circumstances, including the origin of fires.
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| 3. To exercise the rights, powers and duties which have | 23 |
| been vested
in the Department of State Police by the "Boiler | 24 |
| and Pressure Vessel
Safety Act", approved August 7, 1951, as | 25 |
| amended.
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| 4. To administer the Illinois Fire Protection Training Act.
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| 5. To aid in the establishment and maintenance of the | 28 |
| training facilities
and programs of the Illinois Fire Service | 29 |
| Institute.
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| 6. To disburse Federal grants for fire protection purposes | 31 |
| to units of
local government.
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| 7. To pay to or in behalf of the City of Chicago for the |
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| maintenance,
expenses, facilities and structures directly | 2 |
| incident to the Chicago Fire
Department training program. Such | 3 |
| payments may be made either as
reimbursements for expenditures | 4 |
| previously made by the City, or as payments at the time
the | 5 |
| City has incurred an obligation which is then due and payable | 6 |
| for such
expenditures. Payments for the Chicago Fire Department | 7 |
| training program
shall be made only for those expenditures | 8 |
| which are not claimable by the
City under "An Act relating to | 9 |
| fire protection training", certified November
9, 1971, as | 10 |
| amended.
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| 8. To administer General Revenue Fund grants to areas not | 12 |
| located in a
fire protection district or in a municipality | 13 |
| which provides fire
protection services, to defray
the | 14 |
| organizational expenses of forming a fire protection district.
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| 9. In cooperation with the Illinois Environmental | 16 |
| Protection Agency,
to administer the Illinois Leaking | 17 |
| Underground Storage Tank program in
accordance with Section 4 | 18 |
| of this Act and Section 22.12 of the
Environmental Protection | 19 |
| Act.
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| 10. To expend state and federal funds as appropriated by | 21 |
| the General Assembly.
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| 11. To provide technical assistance, to areas not located | 23 |
| in a fire
protection district or in a municipality which | 24 |
| provides fire protection
service, to form a fire protection | 25 |
| district, to join an existing district,
or to establish a | 26 |
| municipal fire department, whichever is applicable.
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| 12. To exercise such other powers and duties as may be
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| vested in the Office by law.
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| (Source: P.A. 86-761.)
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| Section 10. The Peace Officer Fire Investigation Act is | 31 |
| amended by changing Section 1 as follows:
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| (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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| Sec. 1. Peace Officer Status.
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| (a) Any person who is a sworn member of any
organized and |
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| paid fire department of a political subdivision of this State
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| and is authorized to investigate fires or explosions for such | 3 |
| political
subdivision and , or who is employed by the Office of | 4 |
| the State Fire Marshal
to determine the cause, origin and | 5 |
| circumstances of such fires or explosions
that are suspected to | 6 |
| be arson or arson-related crimes, may be classified
as a peace | 7 |
| officer by the political subdivision or agency employing such
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| person. A person so classified shall possess the same powers of | 9 |
| arrest,
search and seizure and the securing and service of | 10 |
| warrants as sheriffs
of counties, and police officers within | 11 |
| the jurisdiction of their political
subdivision. While in the | 12 |
| actual investigation and matters incident thereto,
such person | 13 |
| may carry weapons as may be necessary, but only if that person | 14 |
| has
satisfactorily completed (1) a training program offered or | 15 |
| approved by the
Illinois Law Enforcement Training Standards | 16 |
| Board which substantially conforms
to standards promulgated | 17 |
| pursuant to the Illinois Police Training Act and the Peace | 18 |
| Officer Firearm Training Act
"An
Act in relation to firearms | 19 |
| training for peace officers", approved August 29,
1975, as | 20 |
| amended; or in the case of employees of the Office of the State | 21 |
| Fire
Marshal, a training course approved by the Department of | 22 |
| State Police which
also substantially conforms to standards | 23 |
| promulgated pursuant to "An Act in
relation to firearms | 24 |
| training for peace officers", approved August 29, 1975, as
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| amended ; and (2) a course in fire and arson investigation | 26 |
| approved by the
Office of the State Fire Marshal pursuant to | 27 |
| the Illinois Fire Protection
Training Act. Such training need | 28 |
| not include exposure to vehicle and traffic
law, traffic | 29 |
| control and accident investigation, or first aid, but shall
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| include training in the law relating to the rights of persons | 31 |
| suspected of
involvement in criminal activities.
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| Any person granted the powers enumerated in this subsection | 33 |
| (a)
Section may exercise such
powers only during the actual | 34 |
| investigation of the cause, origin and
circumstances of such | 35 |
| fires or explosions that are suspected to be arson or
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| arson-related crimes.
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| (b) Persons employed by the Office of the State Fire | 2 |
| Marshal to conduct arson investigations shall be designated | 3 |
| State Fire Marshal Special Agents and shall be peace officers | 4 |
| with all of the powers of peace officers in cities and sheriffs | 5 |
| in counties, except that they may exercise those powers | 6 |
| throughout the State. These Special Agents may exercise these | 7 |
| powers and carry weapons at all times, but only if they have | 8 |
| satisfactorily completed (1) a training course approved by the | 9 |
| Department of State Police that substantially conforms to the | 10 |
| standards promulgated pursuant to the Peace Officer Firearm | 11 |
| Training Act and (2) a course in fire and arson investigation | 12 |
| approved by the
Office of the State Fire Marshal pursuant to | 13 |
| the Illinois Fire Protection
Training Act. Such training need | 14 |
| not include exposure to vehicle and traffic
law, traffic | 15 |
| control and accident investigation, or first aid, but shall
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| include training in the law relating to the rights of persons | 17 |
| suspected of
involvement in criminal activities.
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| The State Fire Marshal must authorize to each employee of | 19 |
| the Office
of the State Fire Marshal who is exercising the | 20 |
| powers of a peace officer a
distinct badge that, on its face, | 21 |
| (i) clearly states that the badge is
authorized by the Office | 22 |
| of the State Fire Marshal and (ii) contains a unique
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| identifying number. No other badge shall be authorized by the | 24 |
| Office of the
State Fire Marshal, except that a badge, | 25 |
| different from the badge issued to
peace officers, may be | 26 |
| authorized by the Office of the State Fire Marshal for
the use | 27 |
| of fire prevention inspectors employed by that Office.
Nothing | 28 |
| in this subsection prohibits the State Fire Marshal from | 29 |
| issuing
shields or other distinctive identification to | 30 |
| employees not exercising the
powers of a peace officer if the | 31 |
| State Fire Marshal determines that a shield or
distinctive | 32 |
| identification is needed by the employee to carry out his or | 33 |
| her
responsibilities.
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| (Source: P.A. 92-339, eff. 8-10-01; 93-423, eff. 8-5-03.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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