|
|
Public Act 094-0103
|
| SB0189 Enrolled |
LRB094 03510 MKM 33513 b |
|
|
AN ACT concerning law enforcement.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Police Training Act is amended by |
changing Sections 10 and 10.2 and adding Section 10.4 as |
follows:
|
(50 ILCS 705/10) (from Ch. 85, par. 510)
|
Sec. 10. The Board may make, amend and rescind such rules |
and regulations
as may be necessary to carry out the provisions |
of this Act, including those relating to the annual |
certification of retired law enforcement officers qualified |
under federal law to carry a concealed weapon. A copy of all
|
rules and regulations and amendments or rescissions thereof |
shall be filed
with the Secretary of State within a reasonable |
time after their adoption.
The schools certified by the Board |
and participating in the training
program may dismiss from the |
school any trainee prior to his completion of
the course, if in |
the opinion of the person in charge of the training
school, the |
trainee is unable or unwilling to satisfactorily complete the
|
prescribed course of training.
|
(Source: Laws 1965, p. 3099.)
|
(50 ILCS 705/10.2)
|
Sec. 10.2. Criminal background investigations.
|
(a) On and after the effective date of this amendatory Act |
of the 92nd
General Assembly,
an applicant for employment as a |
peace officer, or for annual certification as a retired law |
enforcement officer qualified under federal law to carry a |
concealed weapon, shall authorize an
investigation to |
determine if
the applicant has been convicted of any criminal |
offense that disqualifies the
person as a peace
officer.
|
(b) No law enforcement agency may knowingly employ a |
|
person, or certify a retired law enforcement officer qualified |
under federal law to carry a concealed weapon, unless (i) a
|
criminal
background investigation of that person
has been |
completed and (ii) that investigation reveals no convictions of
|
offenses specified in subsection (a) of Section 6.1 of this |
Act.
|
(Source: P.A. 92-533, eff. 3-14-02.)
|
(50 ILCS 705/10.4 new) |
Sec. 10.4. Weapon certification for retired law |
enforcement officers. The Board may initiate, administer, and |
conduct annual firearm certification courses consistent with |
the requirements enumerated in the Peace Officer Firearm |
Training Act for retired law enforcement officers qualified |
under federal law to carry a concealed weapon.
|
Section 10. The Peace Officer Firearm Training Act is |
amended by changing Sections 1 and 3 and by adding Section 2.5 |
as follows:
|
(50 ILCS 710/1) (from Ch. 85, par. 515)
|
Sec. 1. Definitions. As used in this Act: (a) "Peace |
officer"
means (i) any person who by virtue of his office or |
public employment is
vested by law with a primary duty to |
maintain public order or to make
arrests for offenses, whether |
that duty extends to all offenses or is
limited to specific |
offenses, and who is employed in such capacity by any
county or |
municipality or (ii) any retired law enforcement officers |
qualified under federal law to carry a concealed weapon. (b)
|
"Firearms" means any weapon or device defined as a firearm in |
Section
1.1 of "An Act relating to the acquisition, possession |
and transfer of
firearms and firearm ammunition, to provide a |
penalty for the violation
thereof and to make an appropriation |
in connection therewith", approved
August 3, 1967, as amended.
|
(Source: P.A. 81-995.)
|
|
(50 ILCS 710/2.5 new) |
Sec. 2.5. Annual range qualification. The annual range |
qualification for peace officers shall consist of range fire |
approved by the Illinois Law Enforcement Training Standards |
Board.
|
(50 ILCS 710/3) (from Ch. 85, par. 517)
|
Sec. 3. The Board is charged with enforcing this Act and |
making
inspections to insure compliance with its provisions, |
and is empowered
to promulgate rules necessary for its |
administration and enforcement, including those relating to |
the annual certification of retired law enforcement officers |
qualified under federal law to carry a concealed weapon.
All |
units of government
or other agencies
which employ or utilize |
peace officers, or that certify retired law enforcement |
officers qualified under federal law to carry a concealed |
weapon, shall cooperate with
the Board by furnishing relevant |
information which the Board may
require. The Executive Director |
of the Board shall report annually, no later
than February 1, |
to the Board, with copies to the Governor and the General
|
Assembly, the results of
these inspections and provide other |
related information and
recommendations as it deems proper.
|
(Source: P.A. 92-84, eff. 7-1-02.)
|
Section 15. The Intergovernmental Law Enforcement |
Officer's
In-Service Training Act is amended by changing |
Sections 2, 3, and 4 as follows:
|
(50 ILCS 720/2) (from Ch. 85, par. 562)
|
Sec. 2. Definitions. |
"Board" means the Illinois Law Enforcement Training
|
Standards Board created by the Illinois Police Training Act.
|
"Director" means the Executive Director of the Board.
|
"Chairman" means the Chairman of the Board.
|
"Appointed Member" means a member of the Board appointed by |
the Governor
pursuant to the Illinois Police Training Act and |
|
designated by the Director
to serve on an Advisory Board.
|
"Mobile Team In-Service Training Unit" or "Mobile Team" |
means
an organization formed by a combination of units of local |
government and the
Board and established under this Act to |
deliver in-service training at scheduled times and selected |
sites within a geographic region to (i) local
and State law |
enforcement officers (whether employed on a full-time or
|
part-time basis) and (ii) retired law enforcement officers |
qualified under federal law to carry a concealed weapon
at |
scheduled times and selected sites within a
geographic region.
|
"Advisory Board" means a Board composed of a representative |
number of county
board members, mayors, chiefs of police, and |
sheriffs of participating units of
local government, and the |
Director, Chairman or appointed member of the
Illinois Law |
Enforcement Training Standards Board. The composition and |
number
of each Advisory Board will be determined by the |
participants. Members of the
Advisory Board shall serve without |
compensation but may be reimbursed for
reasonable expenses |
incurred in carrying out their duties.
|
"Unit of local government" means a unit of local government |
as
defined in Article VII, Section 1 of the Illinois |
Constitution of 1970 and
includes both home rule units and |
units which are not home rule units.
|
(Source: P.A. 88-586, eff. 8-12-94; 89-170, eff. 1-1-96.)
|
(50 ILCS 720/3) (from Ch. 85, par. 563)
|
Sec. 3. Powers and Duties.
|
(a) Powers and Duties of the Advisory Board.
|
(1) To incorporate as a general not-for-profit |
corporation or other
appropriate structure under Illinois |
law.
|
(2) To adopt By-Laws and Operating Procedures.
|
(3) To designate a Financial Officer who is an elected |
local government
official.
|
(4) To employ a coordinator and to approve the |
employment of such other
full or part-time staff as may be |
|
required.
|
(5) To develop and approve the total budget for the |
Mobile Team annually.
|
(6) To determine equitable formulae for providing the |
local share of
cost of the Mobile Team, and to assure |
receipt of such funds from participating
units of local |
government.
|
(7) To oversee the development of training programs, |
the delivery of
training, and the proper expenditure of |
funds.
|
(8) To carry out such other actions or activities |
appropriate to the
operation of the Mobile Team including |
but not limited to contracting for
services and supplies, |
and purchase of furniture, fixtures, equipment and
|
supplies.
|
(9) To exercise all other powers and duties as are |
reasonable to fulfill
its functions in furtherance of the |
purposes of this Act.
|
(b) Powers and Duties of the Illinois Law Enforcement |
Training Standards
Board.
|
(1) To act as the State agency participant on each |
Mobile Team Advisory
Board.
|
(2) To act as the State agency to coordinate the |
actions of Mobile Teams
established in the State.
|
(3) To determine that the Mobile Team meets the |
criteria for the receipt
of funds from the State in |
accordance with Section 4 of this Act.
|
(4) To budget for and authorize quarterly disbursement |
of State funds
up to 50% of the total approved budget of |
the eligible Mobile Team.
|
(5) To establish such reasonable rules and regulations |
as the Director
deems necessary to carry out the duties |
described in this Act, including those relating to the |
annual certification of retired law enforcement officers |
qualified under federal law to carry a concealed weapon.
|
(c) Powers and Duties of the Coordinator of an Advisory |
|
Board.
|
(1) To manage and coordinate the ongoing operations of |
the Mobile Team.
|
(2) To employ and supervise additional authorized full |
or part-time staff.
|
(3) To arrange for qualified instructors from among the |
employees of
State, local or federal Departments or |
agencies wherever practical and to
obtain other |
instructional services as required.
|
(Source: P.A. 88-586, eff. 8-12-94.)
|
(50 ILCS 720/4) (from Ch. 85, par. 564)
|
Sec. 4. State Funding-Minimum Criteria. A Mobile Team |
In-Service Training
Unit which meets the minimum criteria |
established in this Section is eligible
to receive State funds |
to help defray the costs of operation. To be eligible
a Mobile |
Team must:
|
(1) Be established and operating pursuant to the |
Intergovernmental
Cooperation
Section Article VII, Section 10, |
of the Illinois Constitution of 1970 and
must involve two or |
more units of local government including at least one
county |
and the Board.
|
(2) Establish an Advisory Board composed of elected local |
officials and
chief law enforcement officers from |
participating units of local government and
the Director, |
Chairman or appointed member of the Board to
oversee the |
operations of the Mobile Team and make such reports to the |
Board
as the Board may require.
|
(3) Designate an elected local official to act as the |
financial officer
of the Mobile Team for all participating |
units of government, and to receive
and expend funds for the |
operation of the Mobile Team.
|
(4) Limit its operations to in-service training of law |
enforcement personnel
employed by the State, by units of local |
government or by the Federal government or
their agencies and |
departments in the administration of justice or retired law |
|
enforcement officers qualified under federal law to carry a |
concealed weapon.
|
(5) Cooperate with the Board in order to assure compliance |
with this Act
and to enable the Board to fulfill its duties |
under this Act, and to supply
the Board with such information |
as the Board deems necessary therefor.
|
(6) Receive funding of up to 50% of the total approved |
budget of the Mobile
Team from the participating units of local |
government.
|
(Source: P.A. 83-585.)
|
Section 99. Effective date. This Act takes effect July 1, |
2005.
|