|
Regions, but no training course need be
held when there are no |
police officers requiring the training.
|
(d) (Blank).
This Act shall not apply to auxiliary |
policemen authorized by Section
3.1-30-20 of the Illinois |
Municipal Code, except that the training course
provided for in |
that Section shall contain a presentation of the ethical,
|
moral, and legal considerations to be taken into account by any |
person who uses
a firearm.
|
(e) The Board may waive, or may conditionally waive, the 40 |
hour course of
training if, in the Board's opinion, the officer |
has previously successfully
completed a
course of similar |
content and duration. In cases of waiver, the officer shall
|
demonstrate
his or her knowledge and proficiency by passing the |
written examination on
firearms and
by successfully passing the |
range qualification portion of the prescribed
course
of |
training.
|
(Source: P.A. 90-646, eff. 7-24-98.)
|
Section 10. The Counties Code is amended by changing |
Section 3-6013 as follows:
|
(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 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 Firearm Training Act. The county authorities |
shall require
that all auxiliary deputies be residents of the |
county served by them.
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 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
policeman pursuant to Section
3-6-5 of the Illinois |
Municipal Code.
|
(Source: P.A. 86-972; 86-1475; 87-895.)
|
|
Section 15. The Township Code is amended by changing |
Section 100-10 as follows:
|
(60 ILCS 1/100-10)
|
Sec. 100-10. Township enforcement officer.
|
(a) The township board may appoint a township enforcement |
officer to serve
for a term of one year and may remove the |
officer for cause. Every person
appointed to the office of |
township enforcement officer, before entering on the
duties of |
the office and within 10 days after being notified of the
|
appointment, shall cause to be filed in the office of the |
township clerk a
notice signifying his or her acceptance of the |
office. A neglect to cause the
notice to be filed shall be |
deemed a refusal to serve.
|
(b) The sheriff of the county in which the township is |
situated may
disapprove the appointment within 30 days after |
the notice is filed. The
disapproval precludes that person from |
serving as the township enforcement
officer, and the township |
board may appoint another person
to that position
subject to |
approval by the sheriff.
|
(c) Every person appointed to the office of township |
enforcement officer,
before entering upon the duties of the |
office, shall execute, with sufficient
sureties to be approved |
by the supervisor or clerk of the township, an
instrument in |
writing by which the township enforcement officer and his or |
her
sureties shall jointly and severally agree to pay to each |
and every person who
may be entitled thereto all sums of money |
as the township enforcement officer
may become liable to pay on |
account of any neglect or default of the township
enforcement |
officer or on account of any misfeasance of the township
|
enforcement officer in the discharge of, or failure to |
faithfully perform, any
of the duties of the office.
|
(d) The township enforcement officer shall have the same |
power and authority
within the township as a deputy sheriff but |
only for the purpose of enforcing
township ordinances. The |
|
township enforcement officer shall not carry firearms
and will |
not be required to comply with the Peace Officer Firearm |
Training Act.
The officer shall attend law enforcement training |
classes conducted by the
Illinois Law Enforcement Training |
Standards Board. The township board
shall appropriate all |
necessary monies for the training.
|
(d-5) (1) Except as provided in paragraph (2) of this |
subsection, in all
actions for the violation of any township |
ordinance, the township enforcement
officer shall be |
authorized to issue and to serve upon any person who the
|
township enforcement officer has reasonable grounds to believe |
is guilty of a
violation of a township ordinance a notice of |
violation that shall constitute
a summons and complaint. A copy |
of such notice of violation shall be forwarded
to the circuit |
court having jurisdiction over the township where the violation
|
is alleged to have been committed. Every person who has been |
issued a summons
shall appear for trial, and the action shall |
be prosecuted in the corporate
name of the township.
|
(2) In all actions for violation of any township ordinance |
when the fine
would not be in excess of $500 and no jail term |
could be imposed, service of
summons may be made by the |
township clerk by certified mail, return receipt
requested, |
whether service is to be within or without the State.
|
(e) The township enforcement officer shall carry an |
identification document
provided by the township board |
identifying him or her as the township
enforcement officer. The |
officer shall notify the township clerk of any
violations of |
township ordinances.
|
(f) Nothing in this Code precludes a county auxiliary |
deputy or deputy
sheriff, or a municipal policeman or auxiliary |
police officer
policeman from serving as a
township enforcement |
officer during off-duty hours.
|
(g) The township board may provide compensation for the |
township enforcement
officer on either a per diem or a salary |
basis.
|
(h) (Blank).
|
|
(Source: P.A. 88-62; 88-586, eff. 8-12-94; 89-589, eff. |
1-1-97.)
|
Section 20. The Illinois Municipal Code is amended by |
changing Sections 3.1-30-5, 3.1-30-20, 10-1-7, 10-2.1-4, |
10-2.1-6, and 10-3-1 as follows:
|
(65 ILCS 5/3.1-30-5) (from Ch. 24, par. 3.1-30-5)
|
Sec. 3.1-30-5. Appointed officers in all municipalities.
|
(a) The mayor or president, as the case may be, by and with |
the advice
and consent of the city council or the board
of |
trustees, may appoint (1) a treasurer (if the treasurer is not |
an
elected position in the municipality), (2) a collector, (3) |
a
comptroller, (4) a marshal, (5) an attorney or a corporation |
counsel, (6)
one or more purchasing agents and deputies, (7) |
the number of auxiliary police officers
policemen determined |
necessary by the corporate authorities, (8)
police matrons, (9) |
a commissioner of public works, (10) a budget director
or a |
budget officer, and (11) other officers
necessary to carry into |
effect the powers conferred upon municipalities.
|
(b) By ordinance or resolution to take effect at the end of |
the current
fiscal year, the corporate authorities, by a |
two-thirds vote, may discontinue
any appointed office and |
devolve the duties of that office on any other
municipal |
officer. After discontinuance, no officer filling the office |
before
its discontinuance shall have any claim against the |
municipality for salary
alleged to accrue after the date of |
discontinuance.
|
(c) Vacancies in all appointed municipal offices may be |
filled in the same
manner as appointments are made under |
subsection (a). The city council or board
of trustees of a |
municipality, by ordinance not inconsistent with this Code,
may |
prescribe the duties, define the powers, and fix the term of |
office of all
appointed officers of the municipality; but the |
term of office, except as
otherwise expressly provided in this |
Code, shall not exceed that of the mayor
or president of the |
|
municipality.
|
(d) An appointed officer of a municipality may resign from |
his or her
office. If an appointed officer resigns, he or she |
shall continue in office
until a successor has been chosen and |
has qualified. If there is a failure to
appoint a municipal |
officer, or the person appointed fails to qualify, the
person |
filling the office shall continue in office until a successor |
has been
chosen and has qualified. If an appointed municipal |
officer ceases to perform
the duties of or to hold the office |
by reason of death, permanent physical or
mental disability, |
conviction of a disqualifying crime, or dismissal from or
|
abandonment of office, the mayor or president of the |
municipality may appoint a
temporary successor to the officer.
|
(Source: P.A. 87-1119; 88-537.)
|
(65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
|
Sec. 3.1-30-20. Auxiliary police officers
policemen.
|
(a) Auxiliary police officers
policemen shall
not be |
members of the regular police department of the municipality.
|
Auxiliary police officers
policemen 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
|
policemen 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.
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
policemen to perform those normal and regular police
|
duties. Identification symbols worn by auxiliary police |
officers
policemen shall be
different and distinct from those |
used by members of the regular police
department. Auxiliary |
police officers
policemen 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
policemen
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
|
policemen, when on duty, shall also be conservators of the
|
peace and shall have the powers specified in Section 3.1-15-25.
|
(b) Auxiliary police officers
policemen, 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
policemen. 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 Firearm |
Training Act. The municipal authorities may
require that all |
auxiliary police officers
policemen be residents of the |
municipality
served by them. Before the appointment of an |
auxiliary police officer
policeman, the
person's fingerprints |
shall be taken, and no person shall be appointed as an
|
auxiliary police officer
policeman if that person has been |
convicted of a felony or other
crime
involving moral turpitude.
|
(c) The Line of Duty
Law Enforcement Officers, Civil |
Defense Workers, Civil Air Patrol
Members, Paramedics and |
Firemen Compensation Act
shall be applicable to auxiliary |
police officers
policemen
upon their death in the line of duty |
described in this Code.
|
(Source: P.A. 87-1119; revised 11-15-04.)
|
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
|
Sec. 10-1-7. Examination of applicants; disqualifications.
|
(a) All applicants for offices or places in the classified |
service, except
those mentioned in Section 10-1-17, are subject |
to examination. The
examination shall be public, competitive, |
|
and open to all citizens of the
United States, with specified |
limitations as to residence, age, health, habits
and moral |
character.
|
(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive
for that |
individual during his or her period of service for that |
municipality,
or be made a condition of promotion, except for |
the rank or position of Fire or
Police Chief.
|
(c) No person with a record of misdemeanor convictions |
except
those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, |
11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, |
24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, |
32-3, 32-4, 32-8, and subsections (1), (6) and
(8) of Section |
24-1 of the Criminal Code of 1961 or arrested for any cause but
|
not convicted on that cause shall be disqualified from taking |
the examination
on grounds of habits or moral character, unless |
the person is attempting to
qualify for a position on the |
police department, in which case the conviction
or arrest may |
be considered as a factor in determining the person's habits or
|
moral character.
|
(d) Persons entitled to military preference under Section |
10-1-16
shall not be subject to limitations specifying age |
unless they are
applicants for a position as a fireman or a |
policeman having no previous
employment status as a fireman or |
policeman in the regularly constituted
fire or police |
department of the municipality, in which case they must not
|
have attained their 35th birthday, except any person who has |
served as an
auxiliary police officer
policeman under Section |
3.1-30-20 for at least 5 years and is
under 40 years of age.
|
(e) All employees of a municipality of less than 500,000 |
population (except
those who would be excluded from the |
classified service as provided in this
Division 1) who are |
holding that employment as of the date a municipality
adopts |
this Division 1, or as of July 17, 1959, whichever date is the |
|
later,
and who have held that employment for at least 2 years |
immediately before that
later date, and all firemen and |
policemen regardless of length of service who
were either |
appointed to their respective positions by the board of fire |
and
police commissioners under the provisions of Division 2 of |
this Article or who
are serving in a position (except as a |
temporary employee) in the fire or
police department in the |
municipality on the date a municipality adopts
this Division 1, |
or as of July 17, 1959, whichever date is the later, shall
|
become members of the classified civil service of the |
municipality
without examination.
|
(f) The examinations shall be practical in their character, |
and shall
relate to those matters that will fairly test the |
relative capacity of the
persons examined to discharge the |
duties of the positions to which they
seek to be appointed. The |
examinations shall include tests of physical
qualifications, |
health, and (when appropriate) manual skill. If an applicant
is |
unable to pass the physical examination solely as the result of |
an injury
received by the applicant as the result of the |
performance of an act of duty
while working as a temporary |
employee in the position for which he or she is
being examined, |
however, the physical examination shall be waived and the
|
applicant shall be considered to have passed the examination. |
No questions in
any examination shall relate to political or |
religious opinions or
affiliations. Results of examinations |
and the eligible registers prepared from
the results shall be |
published by the commission within 60 days after any
|
examinations are held.
|
(g) The commission shall control all examinations, and may, |
whenever an
examination is to take place, designate a suitable |
number of persons,
either in or not in the official service of |
the municipality, to be
examiners. The examiners shall conduct |
the examinations as directed by the
commission and shall make a |
return or report of the examinations to the
commission. If the |
appointed examiners are in the official service of the
|
municipality, the examiners shall not receive extra |
|
compensation for conducting
the examinations. The commission |
may at any time substitute any other person,
whether or not in |
the service of the municipality, in the place of any one
|
selected as an examiner. The commission members may themselves |
at any time act
as examiners without appointing examiners. The |
examiners at any examination
shall not all be members of the |
same political party.
|
(h) In municipalities of 500,000 or more population, no |
person who has
attained his or her 35th birthday shall be |
eligible to take an examination for
a position as a fireman or |
a policeman unless the person has had previous
employment |
status as a policeman or fireman in the regularly constituted |
police
or fire department of the municipality, except as |
provided in this Section.
|
(i) In municipalities of more than 5,000 but not more than |
200,000
inhabitants, no person who has attained his or her 35th |
birthday shall be
eligible to take an examination for a |
position as a fireman or a policeman
unless the person has had |
previous employment status as a policeman or fireman
in the |
regularly constituted police or fire department of the |
municipality,
except as provided in this Section.
|
(j) In all municipalities, applicants who are 20 years of |
age and who have
successfully completed 2 years of law |
enforcement studies at an accredited
college or university may |
be considered for appointment to active duty with
the police |
department. An applicant described in this subsection (j) who |
is
appointed to active duty shall not have power of arrest, nor |
shall the
applicant be permitted to carry firearms, until he or |
she reaches 21 years of
age.
|
(k) In municipalities of more than 500,000 population, |
applications for
examination for and appointment to positions |
as firefighters or police
shall be made available at various |
branches of the public library of the
municipality.
|
(l) No municipality having a population less than 1,000,000 |
shall require
that any fireman appointed to the lowest rank |
serve a probationary employment
period of longer than one year. |
|
The limitation on periods of probationary
employment provided |
in this amendatory Act of 1989 is an exclusive power and
|
function of the State. Pursuant to subsection (h) of Section 6 |
of Article VII
of the Illinois Constitution, a home rule |
municipality having a population less
than 1,000,000 must |
comply with this limitation on periods of probationary
|
employment, which is a denial and limitation of home rule |
powers.
Notwithstanding anything to the contrary in this |
Section, the probationary
employment period limitation may be |
extended for a firefighter who is required, as a condition of |
employment, to be a certified paramedic, during which time the |
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic |
certification.
|
(Source: P.A. 94-135, eff. 7-7-05.)
|
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
|
Sec. 10-2.1-4. Fire and police departments; Appointment of
|
members; Certificates of appointments.
|
The board of fire and police commissioners shall appoint |
all officers
and members of the fire and police departments of |
the municipality,
including the chief of police and the chief |
of the fire department,
unless the council or board of trustees |
shall by ordinance as to them
otherwise provide; except as |
otherwise provided in this Section, and
except that in any |
municipality which adopts or has
adopted this Division 2.1 and |
also adopts or has adopted Article 5 of
this Code, the chief of |
police and the chief of the fire department
shall be appointed |
by the municipal manager, if it is provided by
ordinance in |
such municipality that such chiefs, or either of them,
shall |
not be appointed by the board of fire and police commissioners.
|
If the chief of the fire department or the chief of the |
police department
or both of them are appointed in the manner |
provided by ordinance, they
may be removed or discharged by the |
appointing authority. In such case
the appointing authority |
shall file with the corporate authorities the reasons
for such |
|
removal or discharge, which removal or discharge shall not |
become
effective unless confirmed by a majority vote of the |
corporate authorities.
|
If a member of the department is appointed chief of police |
or chief
of the fire department prior to being eligible to |
retire on pension, he
shall be considered as on furlough from |
the rank he held immediately
prior to his appointment as chief. |
If he resigns as chief or is
discharged as chief prior to |
attaining eligibility to retire on pension,
he shall revert to |
and be established in whatever rank he currently holds,
except |
for previously appointed positions, and thereafter
be entitled |
to all the benefits and emoluments of that rank,
without regard |
as to whether a vacancy then exists in that rank.
|
All appointments to each department other than that of the |
lowest
rank, however, shall be from the rank next below that to |
which the
appointment is made except as otherwise provided in |
this Section, and
except that the chief of police and the chief |
of the
fire department may be appointed from among members of |
the police and
fire departments, respectively, regardless of |
rank, unless the council
or board of trustees shall have by |
ordinance as to them otherwise provided.
A chief of police or |
the chief of the fire department, having been appointed
from |
among members
of the police or fire department, respectively, |
shall be permitted, regardless
of rank, to
take promotional
|
exams and be promoted to a higher classified rank than he |
currently holds,
without having to
resign as chief of police or |
chief of the fire department.
|
The sole authority to issue certificates of appointment |
shall be
vested in the Board of Fire and Police Commissioners |
and all
certificates of appointments issued to any officer or |
member of the fire
or police department of a municipality shall |
be signed by the chairman
and secretary respectively of the |
board of fire and police commissioners
of such municipality, |
upon appointment of such officer or member of the
fire and |
police department of such municipality by action of the board
|
of fire and police commissioners.
|
|
The term "policemen" as used in this Division does not |
include
auxiliary police officers
policemen except as provided |
for in Section 10-2.1-6.
|
Any full time member of a regular fire or police department |
of any
municipality which comes under the provisions of this |
Division or adopts
this Division 2.1 or which has adopted any |
of the prior Acts pertaining to
fire and police commissioners, |
is a city officer.
|
Notwithstanding any other provision of this Section, the |
Chief of
Police of a department in a non-homerule municipality |
of more than 130,000
inhabitants may, without the advice or |
consent of the Board of
Fire and Police Commissioners, appoint |
up to 6 officers who shall be known
as deputy chiefs or |
assistant deputy chiefs, and whose rank shall be
immediately |
below that of Chief. The deputy or assistant deputy chiefs may
|
be appointed from any rank of sworn officers of that |
municipality, but no
person who is not such a sworn officer may |
be so appointed. Such deputy
chief or assistant deputy chief |
shall have the authority to direct and
issue orders to all |
employees of the Department holding the rank of captain
or any |
lower rank.
A deputy chief of police or assistant deputy chief |
of police, having been
appointed from any rank
of sworn |
officers of that municipality, shall be permitted, regardless |
of rank,
to take promotional
exams and be promoted to a higher |
classified rank than he currently holds,
without having to
|
resign as deputy chief of police or assistant deputy chief of |
police.
|
Notwithstanding any other provision of this Section, a |
non-homerule
municipality of 130,000 or fewer inhabitants, |
through its council or board
of trustees, may, by ordinance, |
provide for a position of deputy chief to be
appointed by the |
chief of the police department. The ordinance shall provide
for |
no more than one deputy chief position if the police department |
has fewer
than 25 full-time police officers and for no more |
than 2 deputy chief positions
if the police department has 25 |
or more full-time police officers. The deputy
chief position
|
|
shall be an exempt rank immediately below that of Chief. The |
deputy chief may
be appointed from any rank of sworn, full-time |
officers of the municipality's
police department, but must have |
at least 5 years of full-time service as a
police officer in |
that department. A deputy chief shall serve at the
discretion |
of the Chief and, if removed from the position,
shall revert to |
the rank currently held, without regard as to whether a
vacancy |
exists in
that rank. A deputy chief
of police, having been |
appointed from any rank of sworn full-time officers of
that |
municipality's
police department, shall be permitted, |
regardless of rank, to take promotional
exams and be
promoted |
to a higher classified rank than he currently holds, without |
having to
resign as deputy
chief of police.
|
No municipality having a population less than 1,000,000 |
shall require
that any firefighter appointed to the lowest
rank |
serve a probationary employment period of longer than one year. |
The
limitation on periods of probationary employment provided |
in this
amendatory Act of 1989 is an exclusive power and |
function of the State.
Pursuant to subsection (h) of Section 6 |
of Article VII of the Illinois
Constitution, a home rule |
municipality having a population less than 1,000,000
must |
comply with this limitation on periods of probationary |
employment, which
is a denial and limitation of home rule |
powers. Notwithstanding anything to
the contrary in this |
Section, the probationary employment period limitation
may be |
extended for a firefighter who is required, as a condition of |
employment, to be a certified paramedic, during which time the |
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic |
certification.
|
(Source: P.A. 93-486, eff. 8-8-03; 94-135, eff. 7-7-05.)
|
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
|
Sec. 10-2.1-6. Examination of applicants; |
disqualifications.
|
(a) All applicants for a position in either the fire or |
|
police department
of the municipality shall be under 35 years |
of age, shall be subject to an
examination that shall be |
public, competitive, and open to all applicants
(unless the |
council or board of trustees by ordinance limit applicants to
|
electors of the municipality, county, state or nation) and |
shall be subject to
reasonable limitations as to residence, |
health, habits, and moral character.
The municipality may not |
charge or collect any fee from an applicant who has
met all |
prequalification standards established by the municipality for |
any such
position.
|
(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive for
that |
individual during his period of service for that municipality, |
or be
made a condition of promotion, except for the rank or |
position of Fire or
Police Chief.
|
(c) No person with a record of misdemeanor convictions |
except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, |
11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, |
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, |
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section |
24-1 of the Criminal Code of 1961 or arrested for any cause but |
not
convicted on that cause shall be disqualified from taking |
the examination to
qualify for a position in the fire |
department on grounds of habits or moral
character.
|
(d) The age limitation in subsection (a) does not apply (i) |
to any person
previously employed as a policeman or fireman in |
a regularly constituted police
or fire department of (I) any |
municipality or (II) a fire protection district
whose |
obligations were assumed by a municipality under Section 21 of |
the Fire
Protection District Act, (ii) to any person who has |
served a municipality as a
regularly enrolled volunteer fireman |
for 5 years immediately preceding the time
that municipality |
begins to use full time firemen to provide all or part of its
|
fire protection service, or (iii) to any person who has served |
|
as an auxiliary police officer
policeman under Section |
3.1-30-20 for at least 5 years and is under 40 years of
age, |
(iv) to any person who has served as a deputy under Section |
3-6008 of
the Counties Code and otherwise meets necessary |
training requirements, or (v) to any person who has served as a |
sworn officer as a member of the Illinois Department of State |
Police.
|
(e) Applicants who are 20 years of age and who have |
successfully completed 2
years of law enforcement studies at an |
accredited college or university may be
considered for |
appointment to active duty with the police department. An
|
applicant described in this subsection (e) who is appointed to |
active duty
shall not have power of arrest, nor shall the |
applicant be permitted to carry
firearms, until he or she |
reaches 21 years of age.
|
(f) Applicants who are 18 years of age and who have |
successfully
completed 2 years of study in fire techniques, |
amounting to a total of 4
high school credits, within the cadet |
program of a municipality may be
considered for appointment to |
active duty with the fire department of any
municipality.
|
(g) The council or board of trustees may by ordinance |
provide
that persons residing outside the municipality are |
eligible to take the
examination.
|
(h) The examinations shall be practical in character and |
relate to
those matters that will fairly test the capacity of |
the persons examined
to discharge the duties of the positions |
to which they seek appointment. No
person shall be appointed to |
the police or fire department if he or she does
not possess a |
high school diploma or an equivalent high school education.
A |
board of fire and police commissioners may, by its rules, |
require police
applicants to have obtained an associate's |
degree or a bachelor's degree as a
prerequisite for employment. |
The
examinations shall include tests of physical |
qualifications and health. No
person shall be appointed to the |
police or fire department if he or she has
suffered the |
amputation of any limb unless the applicant's duties will be |
|
only
clerical or as a radio operator. No applicant shall be |
examined concerning his
or her political or religious opinions |
or affiliations. The examinations shall
be conducted by the |
board of fire and police commissioners of the municipality
as |
provided in this Division 2.1.
|
(i) No person who is classified by his local selective |
service draft board
as a conscientious objector, or who has |
ever been so classified, may be
appointed to the police |
department.
|
(j) No person shall be appointed to the police or fire |
department unless he
or she is a person of good character and |
not an habitual drunkard, gambler, or
a person who has been |
convicted of a felony or a crime involving moral
turpitude. No |
person, however, shall be disqualified from appointment to the
|
fire department because of his or her record of misdemeanor |
convictions except
those under Sections 11-6, 11-7, 11-9, |
11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, |
16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, |
32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) |
of Section
24-1 of the Criminal Code of 1961 or arrest for any |
cause without conviction on
that cause. Any such person who is |
in the department may be removed on charges
brought and after a |
trial as provided in this Division 2.1.
|
(Source: P.A. 94-29, eff. 6-14-05.)
|
(65 ILCS 5/10-3-1) (from Ch. 24, par. 10-3-1)
|
Sec. 10-3-1. The salary to be paid to a policeman in any |
municipality with
5,000 or more inhabitants but with less than |
25,000 inhabitants, shall be
not less than $500 per month. The |
salary to be paid to a policeman in any
municipality with |
25,000 or more inhabitants but with less than 50,000
|
inhabitants shall be not less than $550 per month. The salary |
to be paid to
a policeman in any municipality with 50,000 or |
more inhabitants but with
less than 250,000 inhabitants shall |
be not less than $600 per month.
|
In this Section 10-3-1 "policeman" means any member of a |
|
regularly
constituted police department of a municipality, |
sworn and commissioned to
perform police duties, and includes |
the chief of police, assistant chief of
police, chief of |
detectives, captains, lieutenants, sergeants, plain
clothes |
men and patrolmen. The term "policeman" as used in this Section
|
10-3-1 does not include any of the following persons: Part time |
policemen,
special policemen, auxiliary police officers
|
policemen, policemen serving initial
probationary periods, |
night watchmen, temporary employees, clerks or other
civilian |
employees of a police department, traffic guards, civilian |
parking
meter and parking facilities personnel or so-called |
auxiliary police officers
policemen
specially appointed to aid |
or direct traffic at or near schools or public
functions, or to |
aid in civilian defense, or special policemen temporarily
|
employed or commissioned as police officers.
|
(Source: Laws 1968, p. 76.)
|
Section 25. The Criminal Code of 1961 is amended by |
changing Section 17-2 as follows:
|
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
|
Sec. 17-2. False personation; use of title; solicitation; |
certain
entities.
|
(a) A person commits a false personation when he or she |
falsely represents
himself or herself to be a member or |
representative of any
veterans' or public safety personnel |
organization
or a representative of
any charitable |
organization, or when any person exhibits or uses in any manner
|
any decal, badge or insignia of any
charitable, public safety |
personnel, or veterans' organization
when not authorized to
do |
so by the
charitable, public safety personnel, or veterans' |
organization.
"Public safety personnel organization" has the |
meaning ascribed to that term
in Section 1 of the Solicitation |
for Charity Act.
|
(a-5) A person commits a false personation when he or she |
falsely
represents himself or herself to be a veteran in |
|
seeking employment or
public office.
In this subsection, |
"veteran" means a person who has served in the
Armed Services |
or Reserved Forces of the United States.
|
(b) No person shall use the words "Chicago Police," |
"Chicago Police
Department," "Chicago Patrolman," "Chicago
|
Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
|
any other words to the same effect in the title
of any |
organization, magazine, or other publication without the |
express
approval of the Chicago Police Board.
|
(b-5) No person shall use the words "Cook County Sheriff's |
Police" or
"Cook County Sheriff" or any other words to the same |
effect in the title of any
organization, magazine, or other |
publication without the express approval of
the office of the |
Cook County Sheriff's Merit Board. The references to names
and |
titles in
this
Section may not be construed as authorizing use |
of the names and titles of
other organizations or public safety |
personnel organizations otherwise
prohibited by this Section |
or the Solicitation for Charity Act.
|
(b-10) No person may use, in the title of any organization,
|
magazine, or other publication, the words "officer", "peace
|
officer", "police", "law enforcement", "trooper", "sheriff",
|
"deputy", "deputy sheriff", or "state police" in combination |
with the name of any state, state agency, public university, or |
unit of local government without the express written |
authorization of that state, state agency, or unit of local |
government.
|
(c) (Blank).
|
(c-1) No person may claim or represent that he or she is |
acting on behalf
of
any police
department, chief of a police |
department, fire department, chief of a fire
department, |
sheriff's
department, or sheriff when soliciting financial |
contributions or selling or
delivering or offering
to sell or |
deliver any merchandise, goods, services, memberships, or
|
advertisements unless the
chief of the police department, fire |
department, and the
corporate or municipal authority thereof,
|
or the sheriff has first
entered into a written
agreement with |
|
the person or with an organization with which the person is
|
affiliated and the
agreement permits the activity.
|
(c-2) No person, when soliciting financial contributions |
or selling or
delivering or offering
to sell or deliver any |
merchandise, goods, services, memberships, or
advertisements |
may claim
or represent that he or she is representing or acting |
on behalf of any
nongovernmental
organization by any name which |
includes "officer", "peace officer", "police",
"law
|
enforcement", "trooper", "sheriff", "deputy", "deputy |
sheriff", "State police",
or any other word
or words which |
would reasonably be understood to imply that the organization |
is
composed of
law enforcement personnel unless the person is |
actually representing or acting
on behalf of the
|
nongovernmental organization, and the nongovernmental |
organization is
controlled by and
governed by a membership of |
and represents a group or association of active
duty peace |
officers,
retired peace officers, or injured peace officers and |
before commencing the
solicitation or the
sale or the offers to |
sell any merchandise, goods, services, memberships, or
|
advertisements, a
written contract between the soliciting or |
selling person and the
nongovernmental
organization has been |
entered into.
|
(c-3) No person may solicit financial contributions or sell |
or deliver or
offer to sell or
deliver any merchandise, goods, |
services, memberships, or advertisements on
behalf of a police,
|
sheriff, or other law enforcement department unless that person |
is actually
representing or acting
on behalf of the department |
or governmental organization and has entered into a
written |
contract
with the police chief, or head of the law enforcement |
department,
and the corporate or
municipal authority thereof, |
or the sheriff, which specifies and states clearly
and fully |
the purposes for which
the proceeds of the solicitation, |
contribution, or sale will be used.
|
(c-4) No person, when soliciting financial contributions |
or selling or
delivering or
offering to sell or deliver any |
merchandise, goods, services, memberships, or
advertisements,
|
|
may claim or represent that he or she is representing or acting |
on behalf of
any nongovernmental
organization by any name which |
includes the term "fireman", "fire fighter",
"paramedic", or |
any
other word or words which would reasonably be understood to |
imply that the
organization is
composed of fire fighter or |
paramedic personnel unless the person is actually
representing |
or
acting on behalf of the nongovernmental organization, and |
the nongovernmental
organization is
controlled by and governed |
by a membership of and represents a group or
association of |
active
duty, retired, or injured fire fighters (for the |
purposes of this Section,
"fire fighter" has the
meaning |
ascribed to that term in Section 2 of the Illinois Fire |
Protection
Training Act)
or active duty, retired, or injured |
emergency medical technicians - ambulance,
emergency
medical |
technicians - intermediate, emergency medical technicians - |
paramedic,
ambulance
drivers, or other medical assistance or |
first aid personnel, and before
commencing the solicitation
or |
the sale or delivery or the offers to sell or deliver any |
merchandise,
goods, services,
memberships, or advertisements, |
a written contract between the soliciting
or selling person
and |
the nongovernmental organization has been entered into.
|
(c-5) No person may solicit financial contributions or sell |
or deliver or
offer to sell or
deliver any merchandise, goods, |
services, memberships, or advertisements on
behalf of a
|
department or departments of fire fighters unless that person |
is actually
representing or acting on
behalf of the department |
or departments and has entered into a written contract
with the
|
department chief and corporate or municipal authority thereof |
which specifies
and states clearly
and fully the purposes for |
which the proceeds of the solicitation,
contribution, or sale |
will be
used.
|
(c-6) No person may claim or represent that he or she is an |
airman, airline employee, airport employee, or contractor at an |
airport in order to obtain the uniform, identification card, |
license, or other identification paraphernalia of an airman, |
airline employee, airport employee, or contractor at an |
|
airport.
|
(d) Sentence. False personation, unapproved use of a name |
or title,
or solicitation in violation of subsection (a), (b), |
or (b-5), or (b-10)
of
this Section is a Class C misdemeanor. |
False personation in violation of
subsections (a-5) and (c-6) |
is a Class A misdemeanor.
Engaging in any activity in violation |
of subsection (c-1), (c-2), (c-3),
(c-4), or (c-5) of this |
Section is a Class 4 felony.
|
(Source: P.A. 94-548, eff. 8-11-05.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|