Illinois General Assembly - Full Text of HB4435
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Full Text of HB4435  99th General Assembly

HB4435 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4435

 

Introduced , by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-2.1-6  from Ch. 24, par. 10-2.1-6

    Amends the Illinois Municipal Code. Provides that an individual who turned 35 while serving as a member of the active or reserve components of any of the branches of the Armed Forces of the United States or the National Guard of any state, whose service was characterized as honorable or under honorable conditions, and is currently under the age of 40 is eligible to apply for a position in either the fire or police department of a municipality. Effective immediately.


LRB099 16358 AWJ 40690 b

 

 

A BILL FOR

 

HB4435LRB099 16358 AWJ 40690 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 10-2.1-6 as follows:
 
6    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
7    Sec. 10-2.1-6. Examination of applicants;
8disqualifications.
9    (a) All applicants for a position in either the fire or
10police department of the municipality shall be under 35 years
11of age, shall be subject to an examination that shall be
12public, competitive, and open to all applicants (unless the
13council or board of trustees by ordinance limit applicants to
14electors of the municipality, county, state or nation) and
15shall be subject to reasonable limitations as to residence,
16health, habits, and moral character. The municipality may not
17charge or collect any fee from an applicant who has met all
18prequalification standards established by the municipality for
19any such position. With respect to a police department, a
20veteran shall be allowed to exceed the maximum age provision of
21this Section by the number of years served on active military
22duty, but by no more than 10 years of active military duty.
23    (b) Residency requirements in effect at the time an

 

 

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1individual enters the fire or police service of a municipality
2(other than a municipality that has more than 1,000,000
3inhabitants) cannot be made more restrictive for that
4individual during his period of service for that municipality,
5or be made a condition of promotion, except for the rank or
6position of Fire or Police Chief.
7    (c) No person with a record of misdemeanor convictions
8except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
911-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1014-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
1131-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
12(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
13of Section 24-1 of the Criminal Code of 1961 or the Criminal
14Code of 2012, or arrested for any cause but not convicted on
15that cause shall be disqualified from taking the examination to
16qualify for a position in the fire department on grounds of
17habits or moral character.
18    (d) The age limitation in subsection (a) does not apply (i)
19to any person previously employed as a policeman or fireman in
20a regularly constituted police or fire department of (I) any
21municipality, regardless of whether the municipality is
22located in Illinois or in another state, or (II) a fire
23protection district whose obligations were assumed by a
24municipality under Section 21 of the Fire Protection District
25Act; , (ii) to any person who has served a municipality as a
26regularly enrolled volunteer fireman for 5 years immediately

 

 

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1preceding the time that municipality begins to use full time
2firemen to provide all or part of its fire protection service; ,
3or (iii) to any person who has served as an auxiliary police
4officer under Section 3.1-30-20 for at least 5 years and is
5under 40 years of age; , (iv) to any person who has served as a
6deputy under Section 3-6008 of the Counties Code and otherwise
7meets necessary training requirements; , or (v) to any person
8who has served as a sworn officer as a member of the Illinois
9Department of State Police; or (vi) to any person who turned 35
10while serving as a member of the active or reserve components
11of any of the branches of the Armed Forces of the United States
12or the National Guard of any state, whose service was
13characterized as honorable or under honorable conditions, if
14separated from the military, and is currently under the age of
1540.
16    (e) Applicants who are 20 years of age and who have
17successfully completed 2 years of law enforcement studies at an
18accredited college or university may be considered for
19appointment to active duty with the police department. An
20applicant described in this subsection (e) who is appointed to
21active duty shall not have power of arrest, nor shall the
22applicant be permitted to carry firearms, until he or she
23reaches 21 years of age.
24    (f) Applicants who are 18 years of age and who have
25successfully completed 2 years of study in fire techniques,
26amounting to a total of 4 high school credits, within the cadet

 

 

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1program of a municipality may be considered for appointment to
2active duty with the fire department of any municipality.
3    (g) The council or board of trustees may by ordinance
4provide that persons residing outside the municipality are
5eligible to take the examination.
6    (h) The examinations shall be practical in character and
7relate to those matters that will fairly test the capacity of
8the persons examined to discharge the duties of the positions
9to which they seek appointment. No person shall be appointed to
10the police or fire department if he or she does not possess a
11high school diploma or an equivalent high school education. A
12board of fire and police commissioners may, by its rules,
13require police applicants to have obtained an associate's
14degree or a bachelor's degree as a prerequisite for employment.
15The examinations shall include tests of physical
16qualifications and health. A board of fire and police
17commissioners may, by its rules, waive portions of the required
18examination for police applicants who have previously been
19full-time sworn officers of a regular police department in any
20municipal, county, university, or State law enforcement
21agency, provided they are certified by the Illinois Law
22Enforcement Training Standards Board and have been with their
23respective law enforcement agency within the State for at least
242 years. No person shall be appointed to the police or fire
25department if he or she has suffered the amputation of any limb
26unless the applicant's duties will be only clerical or as a

 

 

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1radio operator. No applicant shall be examined concerning his
2or her political or religious opinions or affiliations. The
3examinations shall be conducted by the board of fire and police
4commissioners of the municipality as provided in this Division
52.1.
6    The requirement that a police applicant possess an
7associate's degree under this subsection may be waived if one
8or more of the following applies: (1) the applicant has served
9for 24 months of honorable active duty in the United States
10Armed Forces and has not been discharged dishonorably or under
11circumstances other than honorable or (2) the applicant has
12served for 180 days of active duty in the United States Armed
13Forces in combat duty recognized by the Department of Defense
14and has not been discharged dishonorably or under circumstances
15other than honorable.
16    The requirement that a police applicant possess a
17bachelor's degree under this subsection may be waived if one or
18more of the following applies: (1) the applicant has served for
1936 months of honorable active duty in the United States Armed
20Forces and has not been discharged dishonorably or under
21circumstances other than honorable or (2) the applicant has
22served for 180 days of active duty in the United States Armed
23Forces in combat duty recognized by the Department of Defense
24and has not been discharged dishonorably or under circumstances
25other than honorable.
26    (i) No person who is classified by his local selective

 

 

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1service draft board as a conscientious objector, or who has
2ever been so classified, may be appointed to the police
3department.
4    (j) No person shall be appointed to the police or fire
5department unless he or she is a person of good character and
6not an habitual drunkard, gambler, or a person who has been
7convicted of a felony or a crime involving moral turpitude. No
8person, however, shall be disqualified from appointment to the
9fire department because of his or her record of misdemeanor
10convictions except those under Sections 11-1.50, 11-6, 11-7,
1111-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
1212-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
1331-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
14subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
15subsections (1), (6) and (8) of Section 24-1 of the Criminal
16Code of 1961 or the Criminal Code of 2012, or arrest for any
17cause without conviction on that cause. Any such person who is
18in the department may be removed on charges brought and after a
19trial as provided in this Division 2.1.
20(Source: P.A. 97-1150, eff. 1-25-13; 98-510, eff. 8-19-13.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.