Illinois General Assembly - Full Text of Public Act 095-0502
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Public Act 095-0502


 

Public Act 0502 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0502
 
SB1358 Enrolled LRB095 09548 CMK 29747 b

    AN ACT concerning fire safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Fire Marshal Act is amended by
changing Section 2 as follows:
 
    (20 ILCS 2905/2)  (from Ch. 127 1/2, par. 2)
    Sec. 2. The Office shall have the following powers and
duties:
    1. To exercise the rights, powers and duties which have
been vested by law in the Department of State Police as the
successor of the Department of Public Safety, State Fire
Marshal, inspectors, officers and employees of the State Fire
Marshal, including arson investigation. Arson investigations
conducted by the State Fire Marshal's Office shall be conducted
by State Fire Marshal Arson Investigator Special Agents, who
shall be peace officers as provided in the Peace Officer Fire
Investigation Act.
    2. To keep a record, as may be required by law, of all
fires occurring in the State, together with all facts,
statistics and circumstances, including the origin of fires.
    3. To exercise the rights, powers and duties which have
been vested in the Department of State Police by the "Boiler
and Pressure Vessel Safety Act", approved August 7, 1951, as
amended.
    4. To administer the Illinois Fire Protection Training Act.
    5. To aid in the establishment and maintenance of the
training facilities and programs of the Illinois Fire Service
Institute.
    6. To disburse Federal grants for fire protection purposes
to units of local government.
    7. To pay to or in behalf of the City of Chicago for the
maintenance, expenses, facilities and structures directly
incident to the Chicago Fire Department training program. Such
payments may be made either as reimbursements for expenditures
previously made by the City, or as payments at the time the
City has incurred an obligation which is then due and payable
for such expenditures. Payments for the Chicago Fire Department
training program shall be made only for those expenditures
which are not claimable by the City under "An Act relating to
fire protection training", certified November 9, 1971, as
amended.
    8. To administer General Revenue Fund grants to areas not
located in a fire protection district or in a municipality
which provides fire protection services, to defray the
organizational expenses of forming a fire protection district.
    9. In cooperation with the Illinois Environmental
Protection Agency, to administer the Illinois Leaking
Underground Storage Tank program in accordance with Section 4
of this Act and Section 22.12 of the Environmental Protection
Act.
    10. To expend state and federal funds as appropriated by
the General Assembly.
    11. To provide technical assistance, to areas not located
in a fire protection district or in a municipality which
provides fire protection service, to form a fire protection
district, to join an existing district, or to establish a
municipal fire department, whichever is applicable.
    12. To exercise such other powers and duties as may be
vested in the Office by law.
(Source: P.A. 94-178, eff. 1-1-06.)
 
    Section 10. The Peace Officer Fire Investigation Act is
amended by changing Section 1 as follows:
 
    (20 ILCS 2910/1)  (from Ch. 127 1/2, par. 501)
    Sec. 1. Peace Officer Status.
    (a) Any person who is a sworn member of any organized and
paid fire department of a political subdivision of this State
and is authorized to investigate fires or explosions for such
political subdivision and , or who is employed by the Office of
the State Fire Marshal to determine the cause, origin and
circumstances of such fires or explosions that are suspected to
be arson or arson-related crimes, may be classified as a peace
officer by the political subdivision or agency employing such
person. A person so classified shall possess the same powers of
arrest, search and seizure and the securing and service of
warrants as sheriffs of counties, and police officers within
the jurisdiction of their political subdivision. While in the
actual investigation and matters incident thereto, such person
may carry weapons as may be necessary, but only if that person
has satisfactorily completed (1) a training program offered or
approved by the Illinois Law Enforcement Training Standards
Board which substantially conforms to standards promulgated
pursuant to the Illinois Police Training Act and the Peace
Officer Firearm Training Act "An Act in relation to firearms
training for peace officers", approved August 29, 1975, as
amended; or in the case of employees of the Office of the State
Fire Marshal, a training course approved by the Department of
State Police which also substantially conforms to standards
promulgated pursuant to "An Act in relation to firearms
training for peace officers", approved August 29, 1975, as
amended; and (2) a course in fire and arson investigation
approved by the Office of the State Fire Marshal pursuant to
the Illinois Fire Protection Training Act. Such training need
not include exposure to vehicle and traffic law, traffic
control and accident investigation, or first aid, but shall
include training in the law relating to the rights of persons
suspected of involvement in criminal activities.
    Any person granted the powers enumerated in this subsection
(a) Section may exercise such powers only during the actual
investigation of the cause, origin and circumstances of such
fires or explosions that are suspected to be arson or
arson-related crimes.
    (b) Persons employed by the Office of the State Fire
Marshal to conduct arson investigations shall be designated
State Fire Marshal Arson Investigator Special Agents and shall
be peace officers with all of the powers of peace officers in
cities and sheriffs in counties, except that they may exercise
those powers throughout the State. These Special Agents may
exercise these powers only when engaging in official duties
during the actual investigation of the cause, origin, and
circumstances of such fires or explosions that are suspected to
be arson or arson-related crimes and may carry weapons at all
times, but only if they have satisfactorily completed (1) a
training course approved by the Illinois Law Enforcement
Training Standards Board that substantially conforms to the
standards promulgated pursuant to the Peace Officer Firearm
Training Act and (2) a course in fire and arson investigation
approved by the Office of the State Fire Marshal pursuant to
the Illinois Fire Protection Training Act. Such training need
not include exposure to vehicle and traffic law, traffic
control and accident investigation, or first aid, but shall
include training in the law relating to the rights of persons
suspected of involvement in criminal activities.
    For purposes of this subsection (b), a "State Fire Marshal
Arson Investigator Special Agent" does not include any fire
investigator, fireman, police officer, or other employee of the
federal government; any fire investigator, fireman, police
officer, or other employee of any unit of local government; or
any fire investigator, fireman, police officer, or other
employee of the State of Illinois other than an employee of the
Office of the State Fire Marshal assigned to investigate arson.
    The State Fire Marshal must authorize to each employee of
the Office of the State Fire Marshal who is exercising the
powers of a peace officer a distinct badge that, on its face,
(i) clearly states that the badge is authorized by the Office
of the State Fire Marshal and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Office of the State Fire Marshal, except that a badge,
different from the badge issued to peace officers, may be
authorized by the Office of the State Fire Marshal for the use
of fire prevention inspectors employed by that Office. Nothing
in this subsection prohibits the State Fire Marshal from
issuing shields or other distinctive identification to
employees not exercising the powers of a peace officer if the
State Fire Marshal determines that a shield or distinctive
identification is needed by the employee to carry out his or
her responsibilities.
(Source: P.A. 92-339, eff. 8-10-01; 93-423, eff. 8-5-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2007