SB0740 95TH GENERAL ASSEMBLY

LRB095 07784 HLH 27945 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0740

Introduced 2/8/2007, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

50 ILCS 710/2	from Ch. 85, par. 516
55 ILCS 5/3-6013	from Ch. 34, par. 3-6013
65 ILCS 5/3.1-30-20	from Ch. 24, par. 3.1-30-20

Amends the Peace Officer Firearm Training Act, the Counties Code, and the Municipal Code. Provides that all auxiliary police officers and deputies must submit to a background check. Provides that an auxiliary officer or deputy who has completed an approved background check must be allowed to participate in firearm training. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 Peace Officer Firearm Training Act is amended by changing Section 2 as follows:

(50 ILCS 710/2) (from Ch. 85, par. 516)

Sec. 2. Training course for peace officers.

(a) Successful completion of a 40 hour course of training in use of a suitable type firearm shall be a condition precedent to the possession and use of that respective firearm by any peace officer in this State in connection with the officer's official duties. The training must be approved by the Illinois Law Enforcement Training Standards Board ("the Board") and may be given in logical segments but must be completed within 6 months from the date of the officer's initial employment. To satisfy the requirements of this Act, the training must include the following:

(1) Instruction in the dangers of misuse of the firearm, safety rules, and care and cleaning of the firearm.

(2) Practice firing on a range and qualification with the firearm in accordance with the standards established by the Board.

(3) Instruction in the legal use of firearms under the Criminal Code of 1961 and relevant court decisions.

(4) A forceful presentation of the ethical and moral considerations assumed by any person who uses a firearm.

(b) Any officer who successfully completes the Basic Training Course prescribed for recruits by the Board shall be presumed to have satisfied the requirements of this Act.

(c) The Board shall cause the training courses to be conducted twice each year within each of the Mobile Team Regions, but no training course need be held when there are no police officers requiring the training.

(d) (Blank).

(e) The Board may waive, or may conditionally waive, the 40 hour course of training if, in the Board's opinion, the officer has previously successfully completed a course of similar content and duration. In cases of waiver, the officer shall demonstrate his or her knowledge and proficiency by passing the written examination on firearms and by successfully passing the range qualification portion of the prescribed course of training.

(f) The Board shall require that auxiliary police officers complete a successful background check and shall not refuse training to an auxiliary officer who has completed an approved background check.

(Source: P.A. 94-984, eff. 6-30-06.)

Section 10. The Counties Code is amended by changing Section 3-6013 as follows:

(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)

Sec. 3-6013. Duties, training and compensation of auxiliary deputies. Auxiliary deputies shall not supplement members of the regular county police department or regular deputies in the performance of their assigned and normal duties, except as provided herein. Auxiliary deputies may be assigned and directed by the sheriff to perform the following duties in the county:

To aid or direct traffic within the county, to aid in control of natural or human made disasters, to aid in case of civil disorder as assigned and directed by the sheriff, provided, that in emergency cases which render it impractical for members of the regular county police department or regular deputies to perform their assigned and normal duties, the sheriff is hereby authorized to assign and direct auxiliary deputies to perform such regular and normal duties. Identification symbols worn by such auxiliary deputies shall be different and distinct from those used by members of the regular county police department or regular deputies. Such auxiliary deputies shall at all times during the performance of their duties be subject to the direction and control of the sheriff of the county. Such auxiliary deputies shall not carry firearms, except with the permission of the sheriff, and only while in uniform and in the performance of their assigned duties.

Auxiliary deputies, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures as shall be appropriate in the exercise of the powers conferred upon them under this Division, which training and course of study shall be determined and provided by the sheriff of each county utilizing auxiliary deputies, provided that, before being permitted to carry a firearm an auxiliary deputy must have the same course of training as required of peace officers in Section 2 of the Peace Officer Firearm Training Act. The county authorities shall require that all auxiliary deputies be residents of the county served by them. Prior to the appointment of any auxiliary deputy he or she shall submit to a background check and his or her fingerprints shall be taken. No and no person shall be appointed as such auxiliary deputy if he or she has been convicted of a felony or other crime involving moral turpitude. An auxiliary deputy who has completed a successful background check must be allowed to participate in firearm training.

Auxiliary deputies may not be paid a salary, except as provided in Section 3-6036, but may be reimbursed for actual expenses incurred in performing their assigned duty. The County Board must approve such actual expenses and arrange for payment.

Nothing in this Division shall preclude an auxiliary deputy from holding a simultaneous appointment as an auxiliary police officer pursuant to Section 3-6-5 of the Illinois Municipal Code.

(Source: P.A. 94-984, eff. 6-30-06.)

Section 20. The Illinois Municipal Code is amended by changing Section 3.1-30-20 as follows:

(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)

Sec. 3.1-30-20. Auxiliary police officers.

(a) Auxiliary police officers shall not be members of the regular police department of the municipality. Auxiliary police officers shall not supplement members of the regular police department of any municipality in the performance of their assigned and normal duties, except as otherwise provided in this Code. Auxiliary police officers shall only be assigned to perform the following duties in a municipality: (i) to aid or direct traffic within the municipality, (ii) to aid in control of natural or man made disasters, and (iii) to aid in case of civil disorder as directed by the chief of police. When it is impractical for members of the regular police department to perform those normal and regular police duties, however, the chief of police of the regular police department may assign auxiliary police officers to perform those normal and regular police duties. Identification symbols worn by auxiliary police officers shall be different and distinct from those used by members of the regular police department. Auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the chief of police of the municipality. Auxiliary police officers shall not carry firearms, except with the permission of the chief of police and while in uniform and in the performance of their duties. Auxiliary police officers, when on duty, shall also be conservators of the peace and shall have the powers specified in Section 3.1-15-25.

(b) Auxiliary police officers, before entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures appropriate for the exercise of the powers conferred upon them under this Code. The training and course of study shall be determined and provided by the corporate authorities of each municipality employing auxiliary police officers. Before being permitted to carry a firearm, however, an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer Firearm Training Act and must complete background check. The municipal authorities may require that all auxiliary police officers be residents of the municipality served by them. Before the appointment of an auxiliary police officer, the person's fingerprints shall be taken, and no person shall be appointed as an auxiliary police officer if that person has been convicted of a felony or other crime involving moral turpitude. An auxiliary police officer who has completed a successful background check must be allowed to participate in firearm training.

(c) The Line of Duty Compensation Act shall be applicable to auxiliary police officers upon their death in the line of duty described in this Code.

(Source: P.A. 94-984, eff. 6-30-06.)

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