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.
|
| |
| | A BILL FOR |
|
| | | HB4435 | | LRB099 16358 AWJ 40690 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing 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; | 8 | | disqualifications.
| 9 | | (a) All applicants for a position in either the fire or | 10 | | police department
of the municipality shall be under 35 years | 11 | | of age, shall be subject to an
examination that shall be | 12 | | public, competitive, and open to all applicants
(unless the | 13 | | council or board of trustees by ordinance limit applicants to
| 14 | | electors of the municipality, county, state or nation) and | 15 | | shall be subject to
reasonable limitations as to residence, | 16 | | health, habits, and moral character.
The municipality may not | 17 | | charge or collect any fee from an applicant who has
met all | 18 | | prequalification standards established by the municipality for | 19 | | any such
position. With respect to a police department, a | 20 | | veteran shall be allowed to exceed the maximum age provision of | 21 | | this Section by the number of years served on active military | 22 | | duty, but by no more than 10 years of active military duty.
| 23 | | (b) Residency requirements in effect at the time an |
| | | HB4435 | - 2 - | LRB099 16358 AWJ 40690 b |
|
| 1 | | individual enters the
fire or police service of a municipality | 2 | | (other than a municipality that
has more than 1,000,000 | 3 | | inhabitants) cannot be made more restrictive for
that | 4 | | individual during his period of service for that municipality, | 5 | | or be
made a condition of promotion, except for the rank or | 6 | | position of Fire or
Police Chief.
| 7 | | (c) No person with a record of misdemeanor convictions | 8 | | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | 9 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | 10 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, | 11 | | 31-7, 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) | 13 | | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, or arrested for any cause but not
convicted on | 15 | | that cause shall be disqualified from taking the examination to
| 16 | | qualify for a position in the fire department on grounds of | 17 | | habits or moral
character.
| 18 | | (d) The age limitation in subsection (a) does not apply (i) | 19 | | to any person
previously employed as a policeman or fireman in | 20 | | a regularly constituted police
or fire department of (I) any | 21 | | municipality, regardless of whether the municipality is | 22 | | located in Illinois or in another state, or (II) a fire | 23 | | protection district
whose obligations were assumed by a | 24 | | municipality under Section 21 of the Fire
Protection District | 25 | | Act ; , (ii) to any person who has served a municipality as a
| 26 | | regularly enrolled volunteer fireman for 5 years immediately |
| | | HB4435 | - 3 - | LRB099 16358 AWJ 40690 b |
|
| 1 | | preceding the time
that municipality begins to use full time | 2 | | firemen to provide all or part of its
fire protection service ; , | 3 | | or (iii) to any person who has served as an auxiliary police | 4 | | officer under Section 3.1-30-20 for at least 5 years and is | 5 | | under 40 years of
age ; , (iv) to any person who has served as a | 6 | | deputy under Section 3-6008 of
the Counties Code and otherwise | 7 | | meets necessary training requirements ; , or (v) to any person | 8 | | who has served as a sworn officer as a member of the Illinois | 9 | | Department of State Police ; or (vi) to any person who turned 35 | 10 | | while serving as a member of the active or reserve components | 11 | | of any of the branches of the Armed Forces of the United States | 12 | | or the National Guard of any state, whose service was | 13 | | characterized as honorable or under honorable conditions, if | 14 | | separated from the military, and is currently under the age of | 15 | | 40 .
| 16 | | (e) Applicants who are 20 years of age and who have | 17 | | successfully completed 2
years of law enforcement studies at an | 18 | | accredited college or university may be
considered for | 19 | | appointment to active duty with the police department. An
| 20 | | applicant described in this subsection (e) who is appointed to | 21 | | active duty
shall not have power of arrest, nor shall the | 22 | | applicant be permitted to carry
firearms, until he or she | 23 | | reaches 21 years of age.
| 24 | | (f) Applicants who are 18 years of age and who have | 25 | | successfully
completed 2 years of study in fire techniques, | 26 | | amounting to a total of 4
high school credits, within the cadet |
| | | HB4435 | - 4 - | LRB099 16358 AWJ 40690 b |
|
| 1 | | program of a municipality may be
considered for appointment to | 2 | | active duty with the fire department of any
municipality.
| 3 | | (g) The council or board of trustees may by ordinance | 4 | | provide
that persons residing outside the municipality are | 5 | | eligible to take the
examination.
| 6 | | (h) The examinations shall be practical in character and | 7 | | relate to
those matters that will fairly test the capacity of | 8 | | the persons examined
to discharge the duties of the positions | 9 | | to which they seek appointment. No
person shall be appointed to | 10 | | the police or fire department if he or she does
not possess a | 11 | | high school diploma or an equivalent high school education.
A | 12 | | board of fire and police commissioners may, by its rules, | 13 | | require police
applicants to have obtained an associate's | 14 | | degree or a bachelor's degree as a
prerequisite for employment. | 15 | | The
examinations shall include tests of physical | 16 | | qualifications and health. A board of fire and police | 17 | | commissioners may, by its rules, waive portions of the required | 18 | | examination for police applicants who have previously been | 19 | | full-time sworn officers of a regular police department in any | 20 | | municipal, county, university, or State law enforcement | 21 | | agency, provided they are certified by the Illinois Law | 22 | | Enforcement Training Standards Board and have been with their | 23 | | respective law enforcement agency within the State for at least | 24 | | 2 years. No
person shall be appointed to the police or fire | 25 | | department if he or she has
suffered the amputation of any limb | 26 | | unless the applicant's duties will be only
clerical or as a |
| | | HB4435 | - 5 - | LRB099 16358 AWJ 40690 b |
|
| 1 | | radio operator. No applicant shall be examined concerning his
| 2 | | or her political or religious opinions or affiliations. The | 3 | | examinations shall
be conducted by the board of fire and police | 4 | | commissioners of the municipality
as provided in this Division | 5 | | 2.1.
| 6 | | The requirement that a police applicant possess an | 7 | | associate's degree under this subsection may be waived if one | 8 | | or more of the following applies: (1) the applicant has served | 9 | | for 24 months of honorable active duty in the United States | 10 | | Armed Forces and has not been discharged dishonorably or under | 11 | | circumstances other than honorable or (2) the applicant has | 12 | | served for 180 days of active duty in the United States Armed | 13 | | Forces in combat duty recognized by the Department of Defense | 14 | | and has not been discharged dishonorably or under circumstances | 15 | | other than honorable. | 16 | | The requirement that a police applicant possess a | 17 | | bachelor's degree under this subsection may be waived if one or | 18 | | more of the following applies: (1) the applicant has served for | 19 | | 36 months of honorable active duty in the United States Armed | 20 | | Forces and has not been discharged dishonorably or under | 21 | | circumstances other than honorable or (2) the applicant has | 22 | | served for 180 days of active duty in the United States Armed | 23 | | Forces in combat duty recognized by the Department of Defense | 24 | | and has not been discharged dishonorably or under circumstances | 25 | | other than honorable. | 26 | | (i) No person who is classified by his local selective |
| | | HB4435 | - 6 - | LRB099 16358 AWJ 40690 b |
|
| 1 | | service draft board
as a conscientious objector, or who has | 2 | | ever been so classified, may be
appointed to the police | 3 | | department.
| 4 | | (j) No person shall be appointed to the police or fire | 5 | | department unless he
or she is a person of good character and | 6 | | not an habitual drunkard, gambler, or
a person who has been | 7 | | convicted of a felony or a crime involving moral
turpitude. No | 8 | | person, however, shall be disqualified from appointment to the
| 9 | | fire department because of his or her record of misdemeanor | 10 | | convictions except
those under Sections 11-1.50, 11-6, 11-7, | 11 | | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| 12 | | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | 13 | | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | 14 | | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | 15 | | subsections (1), (6) and (8) of Section
24-1 of the Criminal | 16 | | Code of 1961 or the Criminal Code of 2012, or arrest for any | 17 | | cause without conviction on
that cause. Any such person who is | 18 | | in the department may be removed on charges
brought and after a | 19 | | trial 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 | 22 | | becoming law.
|
|