Full Text of HB1603 102nd General Assembly
HB1603 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1603 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 20 ILCS 2910/1 | from Ch. 127 1/2, par. 501 |
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Amends the Peace Officer Fire Investigation Act. Makes a technical change
in a Section concerning peace officer status.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Peace Officer Fire Investigation Act is | 5 | | amended by changing Section 1 as follows:
| 6 | | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
| 7 | | Sec. 1. Peace officer status.
| 8 | | (a) Any person who is a sworn member of any
organized and
| 9 | | and paid fire department of a political subdivision of this | 10 | | State
and is authorized to investigate fires or explosions for | 11 | | such political
subdivision and
to determine the cause, origin | 12 | | and circumstances of fires or explosions
that are suspected to | 13 | | be arson or arson-related crimes, may be classified
as a peace | 14 | | officer by the political subdivision or agency employing such
| 15 | | person. A person so classified shall possess the same powers | 16 | | of arrest,
search and seizure and the securing and service of | 17 | | warrants as sheriffs
of counties, and police officers within | 18 | | the jurisdiction of their political
subdivision. While in the | 19 | | actual investigation and matters incident thereto,
such person | 20 | | may carry weapons as may be necessary, but only if that person | 21 | | has
satisfactorily completed (1) a training program offered or | 22 | | approved by the
Illinois Law Enforcement Training Standards | 23 | | Board which substantially conforms
to standards promulgated |
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| 1 | | pursuant to the Illinois Police Training Act and the Peace | 2 | | Officer and Probation Officer Firearm Training Act; and (2) a | 3 | | course in fire and arson investigation approved by the
Office | 4 | | of the State Fire Marshal pursuant to the Illinois Fire | 5 | | Protection
Training Act. Such training need not include | 6 | | exposure to vehicle and traffic
law, traffic control and | 7 | | accident investigation, or first aid, but shall
include | 8 | | training in the law relating to the rights of persons | 9 | | suspected of
involvement in criminal activities. | 10 | | Any person granted the powers enumerated in this | 11 | | subsection (a) may exercise such
powers only during the actual | 12 | | investigation of the cause, origin and
circumstances of such | 13 | | fires or explosions that are suspected to be arson or
| 14 | | arson-related crimes.
| 15 | | (b) Persons employed by the Office of the State Fire | 16 | | Marshal to conduct arson investigations shall be designated | 17 | | State Fire Marshal Arson Investigator Special Agents and shall | 18 | | be peace officers with all of the powers of peace officers in | 19 | | cities and sheriffs in counties, except that they may exercise | 20 | | those powers throughout the State. These Special Agents may | 21 | | exercise these powers only when engaging in official duties | 22 | | during the actual investigation of the cause, origin, and
| 23 | | circumstances of such fires or explosions that are suspected | 24 | | to be arson or
arson-related crimes and may carry weapons at | 25 | | all times, but only if they have satisfactorily completed (1) | 26 | | a training course approved by the Illinois Law Enforcement |
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| 1 | | Training Standards Board that substantially conforms to the | 2 | | standards promulgated pursuant to the Peace Officer and | 3 | | Probation Officer Firearm Training Act and (2) a course in | 4 | | fire and arson investigation approved by the
Office of the | 5 | | State Fire Marshal pursuant to the Illinois Fire Protection
| 6 | | Training Act. Such training need not include exposure to | 7 | | vehicle and traffic
law, traffic control and accident | 8 | | investigation, or first aid, but shall
include training in the | 9 | | law relating to the rights of persons suspected of
involvement | 10 | | in criminal activities. | 11 | | For purposes of this subsection (b), a "State Fire Marshal | 12 | | Arson Investigator Special Agent" does not include any fire | 13 | | investigator, fireman, police officer, or other employee of | 14 | | the federal government; any fire investigator, fireman, police | 15 | | officer, or other employee of any unit of local government; or | 16 | | any fire investigator, fireman, police officer, or other | 17 | | employee of the State of Illinois other than an employee of the | 18 | | Office of the State Fire Marshal assigned to investigate | 19 | | arson.
| 20 | | The State Fire Marshal must authorize to each employee of | 21 | | the Office
of the State Fire Marshal who is exercising the | 22 | | powers of a peace officer a
distinct badge that, on its face, | 23 | | (i) clearly states that the badge is
authorized by the Office | 24 | | of the State Fire Marshal and (ii) contains a unique
| 25 | | identifying number. No other badge shall be authorized by the | 26 | | Office of the
State Fire Marshal, except that a badge, |
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| 1 | | different from the badge issued to
peace officers, may be | 2 | | authorized by the Office of the State Fire Marshal for
the use | 3 | | of fire prevention inspectors employed by that Office.
Nothing | 4 | | in this subsection prohibits the State Fire Marshal from | 5 | | issuing
shields or other distinctive identification to | 6 | | employees not exercising the
powers of a peace officer if the | 7 | | State Fire Marshal determines that a shield or
distinctive | 8 | | identification is needed by the employee to carry out his or | 9 | | her
responsibilities.
| 10 | | (c) The Office of the State Fire Marshal shall establish a | 11 | | policy to allow a State Fire Marshal Arson Investigator | 12 | | Special Agent who is honorably retiring or separating in good | 13 | | standing to purchase either one or both of the following: (i) | 14 | | any badge previously issued to that State Fire Marshal Arson | 15 | | Investigator Special Agent; or (ii) if the State Fire Marshal | 16 | | Arson Investigator Special Agent has a currently valid Firearm | 17 | | Owner's Identification Card, the service firearm issued or | 18 | | previously issued to the State Fire Marshal Arson Investigator | 19 | | Special Agent by the Office of the State Fire Marshal. The cost | 20 | | of the firearm purchased shall be the replacement value of the | 21 | | firearm and not the firearm's fair market value. All funds | 22 | | received by the agency under this program shall be deposited | 23 | | into the Fire Prevention Fund. | 24 | | (Source: P.A. 100-931, eff. 8-17-18.)
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