Illinois General Assembly - Full Text of Public Act 099-0651
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Public Act 099-0651


 

Public Act 0651 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0651
 
HB5910 EnrolledLRB099 18730 RLC 43114 b

    AN ACT concerning federal law enforcement agencies.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. The Illinois Police Training Act is amended by
changing Section 3 as follows:
 
    (50 ILCS 705/3)  (from Ch. 85, par. 503)
    Sec. 3. Board - composition - appointments - tenure -
vacancies. The Board shall be composed of 19 20 members
selected as follows: The Attorney General of the State of
Illinois, the Director of State Police, the Director of
Corrections, the Superintendent of the Chicago Police
Department, the Sheriff of Cook County, the Director of the
Illinois Police Training Institute, the Special Agent in Charge
of the Springfield, Illinois, division of the Federal Bureau of
Investigation, the Clerk of the Circuit Court of Cook County,
and the following to be appointed by the Governor: 2 mayors or
village presidents of Illinois municipalities, 2 Illinois
county sheriffs from counties other than Cook County, 2
managers of Illinois municipalities, 2 chiefs of municipal
police departments in Illinois having no Superintendent of the
Police Department on the Board, 2 citizens of Illinois who
shall be members of an organized enforcement officers'
association, one active member of a statewide association
representing sheriffs, and one active member of a statewide
association representing municipal police chiefs. The
appointments of the Governor shall be made on the first Monday
of August in 1965 with 3 of the appointments to be for a period
of one year, 3 for 2 years, and 3 for 3 years. Their successors
shall be appointed in like manner for terms to expire the first
Monday of August each 3 years thereafter. All members shall
serve until their respective successors are appointed and
qualify. Vacancies shall be filled by the Governor for the
unexpired terms.
(Source: P.A. 97-327, eff. 1-1-12; 97-747, eff. 7-6-12.)
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 2-13 as follows:
 
    (720 ILCS 5/2-13)  (from Ch. 38, par. 2-13)
    Sec. 2-13. "Peace officer". "Peace officer" means (i) any
person who by virtue of his office or public employment is
vested by law with a duty to maintain public order or to make
arrests for offenses, whether that duty extends to all offenses
or is limited to specific offenses, or (ii) any person who, by
statute, is granted and authorized to exercise powers similar
to those conferred upon any peace officer employed by a law
enforcement agency of this State.
    For purposes of Sections concerning unlawful use of
weapons, for the purposes of assisting an Illinois peace
officer in an arrest, or when the commission of any offense
under Illinois law is directly observed by the person, and
statutes involving the false personation of a peace officer,
false personation of a peace officer while carrying a deadly
weapon, false personation of a peace officer in attempting or
committing a felony, and false personation of a peace officer
in attempting or committing a forcible felony, then officers,
agents, or employees of the federal government commissioned by
federal statute to make arrests for violations of federal
criminal laws shall be considered "peace officers" under this
Code, including, but not limited to all criminal investigators
of:
        (1) the United States Department of Justice, the
    Federal Bureau of Investigation, the Drug Enforcement
    Agency and all United States Marshals or Deputy United
    States Marshals whose duties involve the enforcement of
    federal criminal laws the Department of Immigration and
    Naturalization;
        (1.5) the United States Department of Homeland
    Security, United States Citizenship and Immigration
    Services, United States Coast Guard, United States Customs
    and Border Protection, and United States Immigration and
    Customs Enforcement;
        (2) the United States Department of the Treasury, the
    Alcohol and Tobacco Tax and Trade Bureau, and the United
    States the Secret Service, the Bureau of Alcohol, Tobacco
    and Firearms and the Customs Service;
        (3) the United States Internal Revenue Service;
        (4) the United States General Services Administration;
        (5) the United States Postal Service;
        (6) (blank); and all United States Marshals or Deputy
    United States Marshals whose duties involve the
    enforcement of federal criminal laws; and
        (7) the United States Department of Defense.
(Source: P.A. 97-1150, eff. 1-25-13.)
 
    Section 10. The Federal Law Enforcement Officer Immunity
Act is amended by changing Section 5 as follows:
 
    (745 ILCS 22/5)
    Sec. 5. Definition. As used in this Act, "federal law
enforcement officer" means any officer, agent or employee of
the federal government commissioned by federal statute to make
arrests for violations of federal criminal laws, including but
not limited to, all criminal investigators of:
    (a) The United States Department of Justice, the The
Federal Bureau of Investigation, the The Drug Enforcement
Agency and all United States Marshals or Deputy United States
Marshals whose duties involve the enforcement of federal
criminal laws and The Department of Immigration and
Naturalization;
    (a-5) The United States Department of Homeland Security,
United States Citizenship and Immigration Services, United
States Coast Guard, United States Customs and Border
Protection, and United States Immigration and Customs
Enforcement;
    (b) The United States Department of the Treasury, the
Alcohol and Tobacco Tax and Trade Bureau, and the United States
The Secret Service, The Bureau of Alcohol, Tobacco and Firearms
and The Customs Service;
    (c) The United States Internal Revenue Service;
    (d) The United States General Services Administration;
    (e) The United States Postal Service; and
    (f) (Blank); and All United States Marshals or Deputy
United States Marshals whose duties involve the enforcement of
federal criminal laws.
    (g) The United States Department of Defense.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 99. Effective date. This Section and Section 1 take
effect upon becoming law.

Effective Date: 7/28/2016