State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0533

HB0148 Enrolled                                LRB9201397MWpk

    AN ACT concerning police officers.

    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  Section  8.2  and  by  adding  Section  10.2  as
follows:

    (50 ILCS 705/8.2)
    Sec. 8.2. Part-time police officers.
    (a)  A  person  hired  to  serve  as  a  part-time police
officer  must  obtain  from  the  Board  a  certificate   (i)
attesting   to  his  or  her  successful  completion  of  the
part-time police training course; (ii) attesting  to  his  or
her  satisfactory completion of a training program of similar
content and number of hours that has been found acceptable by
the  Board  under  the  provisions  of  this  Act;  or  (iii)
attesting to the Board's  determination  that  the  part-time
police training course is unnecessary because of the person's
extensive prior law enforcement experience. A person hired on
or  after  the  effective  date of this amendatory Act of the
92nd General Assembly must obtain this certificate within  18
months  after  the  initial  date  of  hire as a probationary
part-time police  officer  in  the  State  of  Illinois.  The
probationary  part-time  police  officer must be enrolled and
accepted into a Board-approved course within 6  months  after
active  employment  by  any department in the State. A person
hired on or after January 1, 1996 and  before  the  effective
date of this amendatory Act of the 92nd General Assembly must
obtain  this  certificate  within 18 months after the date of
hire.  A person hired before January 1, 1996 must obtain this
certificate within 24 months after the effective date of this
amendatory Act of 1995.
    The employing agency may seek a  waiver  from  the  Board
extending  the  period  for  compliance.   A  waiver shall be
issued  only  for  good  and  justifiable  reasons,  and  the
probationary part-time police officer may not practice  as  a
part-time police officer during the waiver period and may not
extend  the initial period by more than 90 days.  If training
is required and not  completed  within  the  applicable  time
period,  as  extended by any waiver that may be granted, then
the officer must forfeit his or her position.
    (b)  (Blank).
    (c)  The  part-time police training course referred to in
this Section shall be of similar content and the same  number
of  hours  as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units  under  the
Intergovernmental   Law   Enforcement   Officer's  In-Service
Training Act or by another approved program or facility in  a
manner prescribed by the Board.
    (d)  For  the  purposes  of this Section, the Board shall
adopt  rules  defining  what  constitutes  employment  on   a
part-time basis.
(Source: P.A. 89-170, eff. 1-1-96; 90-271, eff. 7-30-97.)

    (50 ILCS 705/10.2 new)
    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  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 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.
    Section  10.   The  Illinois Municipal Code is amended by
changing Section 10-2.1-6 as follows:

    (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 policeman under Section
3.1-30-20  for at least 5 years and is under 40 years of age,
or (iv) to any person  who  has  served  as  a  deputy  under
Section  3-6008  of  the  Counties  Code  and otherwise meets
necessary training requirements.
    (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. 89-52,  eff.  6-30-95;  90-445,  eff.  8-16-97;
90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.25 as follows:

    (30 ILCS 805/8.25 new)
    Sec. 8.25. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 92nd General Assembly.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly January 09, 2002.
    Approved March 14, 2002.
    Effective March 14, 2002.

[ Top ]