HB3872 99TH GENERAL ASSEMBLY

LRB099 11190 AWJ 31716 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3872

Introduced , by Rep. Michael Unes

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-6012	from Ch. 34, par. 3-6012
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 Counties Code. Provides that auxiliary deputies may aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism. Further provides for training and residency requirements for auxiliary deputies assigned to perform duties to aid special law enforcement teams. Amends the Illinois Municipal Code with similar changes concerning auxiliary officers. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by changing Sections 3-6012 and 3-6013 as follows:

(55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)

Sec. 3-6012. Auxiliary deputies. The sheriff of any county in Illinois may, with the advice and consent of the county board appoint auxiliary deputies in such number as the county board shall from time to time deem necessary. However, such number of appointed auxiliary deputies shall not increase, except for auxiliary deputies appointed to a special law enforcement team pursuant to Section 3-6013, after January 1, 1982 if vacancies exist within the certified ranks of the department. Such auxiliary deputies shall not be regular appointed deputies pursuant to Section 3-6008, nor shall they be members of a county police department established pursuant to Divisions 3-7 and 3-8.

(Source: P.A. 86-962.)

(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; and to aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism 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 and Probation Officer Firearm Training Act. Auxiliary deputies assigned to perform duties to aid special law enforcement teams shall have completed acceptable training as designated and approved by the sheriff or the Law Enforcement Training Standards Board. The county authorities shall require that all auxiliary deputies be residents of the county served by them. However, auxiliary deputies assigned to perform duties to aid special law enforcement teams may reside outside the limits of the county with the approval of the sheriff. Prior to the appointment of any auxiliary deputy his or her fingerprints shall be taken 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.

Auxiliary deputies may receive such compensation as is set by the County Board, with the advice and consent of the Sheriff, not to exceed the lowest hourly pay of a full-time sworn member of the regular county police or sheriff's department and 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.

For purposes of this Section, "special law enforcement team" shall include a team or unit operating entirely within the State of Illinois, unless otherwise authorized by law or interstate compact, including, but not limited to, a search and rescue team, a civil disturbance unit, a Special Weapons and Tactics (SWAT) team, and a special operations team.

(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)

Section 10. 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, and (iv) to aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism. Auxiliary officers assigned to perform duties pursuant to part (iv) of this subsection shall have completed acceptable training as designated and approved by the chief of police or the Law Enforcement Training Standards Board. 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. For purposes of this Section, "special law enforcement team" shall include a team or unit operating entirely within the State of Illinois, unless otherwise authorized by law or interstate compact, including, but not limited to, a search and rescue team, a civil disturbance unit, a Special Weapons and Tactics (SWAT) team, and a special operations team.

(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 and Probation Officer Firearm Training Act. The municipal authorities may require that all auxiliary police officers be residents of the municipality served by them. However, auxiliary officers assigned to perform duties pursuant to part (iv) of subsection (a) may reside outside the limits of the municipality with the approval of the chief of police. 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.

(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. 98-725, eff. 1-1-15.)

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